j-nys. Sci O4A52 1915 THE MINING ACT OF ONTARIO BEING R.S.O. 1914, CHAPTER 32, AS AMENDED BY 4 GEO. V., CHAPTER 14, AND 5 GEO. V., CHAPTER 13. (Consolidated for Convenience by the Department) PRINTED BY ORDER OF THE LEGISLATIVE ASSEMBLY OF ONTARIO TORONT< ) Printed and PublUhed by A. I . \Ml,<;K r.ss. Printer to the King's Most Excel 1915 THE MINING ACT OF ONTARIO BEING R.S.O. 1914, CHAPTER 32, AS AMENDED BY 4 GEO. V., CHAPTER 14, AND 5 GEO. V., CHAPTER 13. (Consolidated for Convenience by the Department) PRINTED BY ORDER OF THE LEGISLATIVE ASSEMBLY OF ONTARIO TORONTO : Printed and Published by A. T. WILGRESS, Printer to the Kind's Most Excellent Majesty 1915 Printed by WILLIAM BRIGKJS Corner Queen and John Street* TORONTO GENERAL INFORMATION FOR PROSPECTORS Any one over 18 years of age who takes out a miner's license may prospect for minerals upon Crown lands or lands of which the mining rights are reserved to the Crown, and may take up work and acquire title to a specified area by making a discovery of valuable mineral, staking out and recording a claim, performing and filing proof of the pre- scribed development work, obtaining a survey if in unsur- veyed territory, and paying a small price per acre; patent being given in fee simple upon the completion of these re- quirements. Particulars as to these matters will be found in sections 22, 23, 34, 35, 67, 2, (), 54-56, 59, 60, 78, 79, 106, 107, 113. Generally speaking, all Crown lands and all lands of which the minerals are reserved to the Crown are open to prospecting and staking out if not already taken up. But there are a few exceptions ; see sections 34-43 ; and there are special provisions applying to lands in Crown forest reserves and lands under timber license; see sections 44-47. To prospect in a forest reserve a prospecting permit as well as a miner's license is necessary; and to work either in a forest reserve or upon lands under timber license leave of the Min- ister must be obtained. In all cases where only the mining rights are in the Crown, the prospector and miner must com- pensate the surface owner for all injury or damage to the sur- face rights; section 104. Where no one else is entitled to the surface rights the miner gets these as well as the minerals, except that pine timber is reserved, and except that in forest reserves leases with provisions fixed by the Department are granted instead of patents. By virtue of The Public Lands Act (R.S.O. 1914, chapter 28, section 53), the mines and minerals in lands patented before the passing of the Act (6th May, 1913), are deemed to have passed to the patentee by the letters patent and every reservation thereof contained in the letters patent or by statute is void. The same provision applies to lands subse- quently patented, unless the mines and minerals are expressly reserved by the letters patent. Particulars as to what lands are open can be obtained at the office of the Recorder, where maps are kept showing the claims taken up and the lands still open. [iii] [iv] A miner's license can be obtained from the Bureau of Mines, or, except in the case of a company, from any Mining Recorder. It is good throughout the Province, but must be renewed not later than 31st of March each year. It is not transferable. See sections 22-33. A prospecting permit for a forest reserve can be obtained at the Bureau of Mines, or from the Recorder at any one of the following places : Haileybury, Elk Lake, Matheson, Porcupine, Gowganda, Sudbury, and Port Arthur. Claims in unsurveyed territory must as nearly as reason- ably possible be squares of 40 acres with boundaries (each 20 chains or 1,320 feet), running north and south and east and west, and in surveyed townships and old mining loca- tions they must be the aliquot part of a lot, section or loca- tion specified in the Act; sections 49, 50. Special provision is made for irregular pieces lying between other claims or bordering on water; section 52. In special mining divisions the size is reduced one-half and the claims must be laid out as provided in section 51. No more than three mining claims may be staked out or recorded in the name of one licensee, in the same mining division during a license year ; section 53. The boundaries of all claims go down vertically on all sides and all minerals within them are included in the claim. The manner in which the staking and recording of mining claims must be done is described in sections 54, 59 and 60. To meet cases where a discovery of valuable mineral can- not readily be made upon the lands, provision is made for obtaining what are called Working Permits. The provisions regarding these will be found in sections 94-103. Where a prospector finds a vein or indications of mineral not good enough to stake, but which he desires to investi- gate, he may protect himself by prospecting pickets in accor- dance with section 56. Any one who records a claim upon a fraudulent affidavit of discovery or who is guilty of any fraud in the acquisition of the claim will not acquire a good title to the property; and any one who plants stakes in violation of the Act or who stakes out a claim and fails to record it, forfeits any right to again stake out any part of the same lands, unless he first satisfies the Recorder that he acted in good faith and obtains a certificate under section 57. [v] A metal tag (which can he obtained from the Recorder) showing the recorded numher of the claim is required to be affixed to No. 1 post after recording. Section 62 (3). A survey is required in unsurveyed territory. The re- quirements regarding it will be found in section 113. The validity of every mining claim is open to dispute for 60 days after recording, but at the end of that time a Certi- ficate of Record may be obtained, and on satisfactory proof of performance of work a Certificate of Performance of Work may also be obtained, and these certificates, in the ab- sence of fraud or mistake, are conclusive evidence of the per- formance of the requirements of the Act. Sections 63-66, 78 Particulars regarding the development work required to be performed will be found in sections 78-80. Where a claim is staked in a forest reserve application for permission to work should be immediately made ; see section 79. A mining claim or any share or interest in it may at any time he sold or transferred to another licensee, but to ensure priority over a subsequent purchaser or transferee all such agreements and transfers should be recorded. Agreements made after the staking out of the claim must be in writing, and it is better also that all prospecting or other agree- ments for acquisition of any interest in a mining claim should be put in writing and signed by the parties; see sec- tions 70-76. No person, partnership or company can acquire or continue to hold any unpatented mining claim or any in- terest therein, without holding a miner's license and keeping it renewed. -Sections 22, 84. The Act contains special provisions regarding partner- ships and companies. See sections 22, 23, 25, 122. Questions and disputes arising under the Act, either be- tween individuals or between an individual and the Crown, are adjudicated by the local Recorder or by a special officer called the Mining Commissioner, subject to appeal in im- portant cases to the High Court. The procedure is simple and speedy, and hearings must ordinarily be held in the local district. See sections 123-156. It is intended, as far as possible, to protect the honest pros- pector who complies substantially and to the best of his Lvi] ability with the requirements of the Act from being defeated of any just claim by technicality, but a prospector should always endeavor, if he desires to avoid trouble and possi- bility of loss, to follow the provisions of the Act as carefully and accurately as possible. For full information upon the various matters reference must be made to the Act itself. The index at the back will be found of assistance in finding what is desired. Maps and blank forms and other general information can be obtained from the Bureau of Mines, Toronto, or from any Mining Eecorder. LIST OF MINING DIVISIONS AND RECORDERS. Mining Division. Name of Recorder. P.O. Address. Gowganda . . . H E Sheppard Gowganda Ont Kenora W. L. Spry Kenora, Ont Ijflrder Lake J A Hough Matheson Ont Montreal River A. Skill Elk Lake, Ont. Parry Sound H F McQuire Parry Sound Ont Porcupine G. H. Gauthier Porcupine, Ont. Port Arthur J W Morgan Port Arthur Ont Sault Ste. Marie W N. Miller Sault Ste. Marie, Ont. Sudbury . . . . C A Campbell . . . Sudbury, Ont. Timiskamine: and Coleman . . , N. J. McAulav . . Haileybury, Ont. An Act to amend The Mining Act of Ontario (6 Geo. V, Chapter 12). Assented to 27th April, 1916. HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. This Act may be cited as The Mining Amendment Act, short title. 1916. 2. Section 81 of The Mining Act of Ontario is amended Rev stat by inserting after the word " thereon " in the fourth line thereof the words, " or to a survey, patent or the first year's rental of a lease." 3. Clause (d) of section 84 of the said Act is amended Rev. stat. by striking out- the figure " 3 " in the first line thereof and ci. 3 d. 3 ' Mt substituting therefor the figure " 4." amended. 4. The said Act is amended by inserting the following Rev. stat as section 183a: amlnded. 183o- Notwithstanding any agreement to the contrary, Payment every person who performs labour for wages inatmtmor connection with any mine, mining claim, min-^ n J^ nin8 ing lands, or works connected therewith, shall be paid such wages at intervals of not more than two weeks. 5. The said Act is amended by adding the following as Rev. stat. Section 194 (a) : amended. The provisions of sections 192 and 193 shall also apply ,,..,. *\ J tlon by to ail mining claims staked and recorded under Rev. stat. The Mines Act, 1906, The Mining Act of On-mfifs. tario, 1908 or under this Act. THE MINING ACT OF ONTARIO Being R.S.O., 1914, Chapter 32, as amended by 4 Geo. V., Chapter 14; and 5 Geo. V-, Chapter 13. SHORT TITLE, a. 1. PART I. PRELIMINARY. INTERPRETATION, s. 2. APPLICATION OF ACT, s. 3. BCREAU OF MINES, DEPUTY MIN- ISTEB, ss. 4, 5. PROVINCIAL GEOLOGIST, ASSAYEB, INSPECTORS, s. 6. MINING RECORDERS, s. 7. Books and documents, ss. 8-10. Employment of professors, etc., s. 11. GENERAL PROVISIONS AS TO OFFI- CERS, ss. 12-15. MINING COMMISSIONER, s. 16. Appointment, tenure of of- fice, etc., s. 16. MINING DIVISIONS, ss. 17-20. SPECIAL MINING DIVISIONS, s. 21. MINER'S LICENSE, ss. 22-33. PART II MINING CLAIMS. LANDS OPEN FOE PROSPECTING, a. 34. DISCOVERER MAY STAKE our CLAIM, s. 35. LANDS NOT OPEN, ss. 36-43. FOREST RESERVES, ss. 44-46. LANDS UNDER TIMBER LICENSE, a. 47. PROHIBITING MINING WORK, s. 48. SIZE, FOBM AND NUMBER OF CLAIMS, SB. 49-53. STAKING, MODE OF, ss. 54-58. RECORDING APPLICATIONS, ss. 59- 62. DISPUTING APPLICATIONS, s. 63. CERTIFICATE OF RECORD, ss. 64-66. RIGHTS OF HOLDER, ss. 67, 68. ADDRESS FOR SERVICE, s. 69. TRUSTS, AGREEMENTS AND TRANS- FERS, 83. 70-72. RECORDING DOCUMENTS, ss. 73-77. WORKING CONDITIONS, s. 78. Computation of time, exten- sion of, etc., ss. 79-80. Proportionate contribution by co-owners, a. 81. ABANDONMENT, ss. 82, 83. FORFEITURE, ETC., ss. 84-88. INSPECTION OF CLAIMS, ss. 89-93 WORKING PERMITS, HOW OB- TAINED, ss. 94-103. SURFACE BIGHTS, ss. 104, 105. PATENT, APPLICATION FOB, a. 106. Price to be charged, s. 107. Free grant to first discoverer, s. 108. Reservation for roads, 3. 109. Form and contents of, ss. 110- 112. Survey, ss. 113-116. PART III PLACER MINING. PROVISIONS AS TO, s. 117. PART IV. QUARRY CLAIMS. WHEN CLAIMS MAY BE STAKED, s. 118. PART V. PETROLEUM, GAS, COAL AND SALT. BOEING PEBMITS, LEASES, ETC., ss. 119, 120. PART VI DREDGING LEASES. REGULATIONS FOB, BY OBDEB IN COUNCIL, s. 121. PART VII. PARTNERSHIPS. MINING PABTNERSHIPS, s. 122. PART VIII. PROCEEDINGS BEFORE COMMISSIONER AND RECORDER. POWEBS OF COMMISSIONEB, 80. 123-129. POWEBS OF RECOBDEB, ss. 130, 131. Record and notice of decisions, 8. 130 (3). Procedure, etc., s. 131. ENFOBCING OBDEBS, s. 132. APPEALS FROM RECOBDEB TO COM- MISSIONEB, B. 133. APPEAL TO MINISTEB, s. 134. PROCEDUBE BEFORE COMMISSION- ER, ss. 135-144. Appointment, s. 136. Directions, etc., s. 137 (1). Place of hearing, s. 137 (2), (4), (6). Hearing to be prompt, s. 137 (3). View, deciding on, s. 139. Decision to be on real merits, & 140, Security for costs, etc., s. 141. Use of Court Room, etc., s. 142. Evidence, s. 144. COSTS AND WITNESS FEES, ss. 145-147. DECISIONS, ss. 148-150. APPEALS FBOM COMMISSIONER, e. 151. APPEALS FROM DIVISIONAL COUBT, s. 152. PROCEDURE ON APPEALS, s. 153. VALIDITY OF PROCEEDINGS BEFORE COMMISSIONER AND RECORDER, ss. 154, 155. POWER TO EXTEND TIME AFTER EXPIBATION OF PRESCRIBED TIME, 8. 156. : .. , WR-isr*;*" PART IX. OPERATION OF MINES. 3, AGE, HOUBS OF LABOUR, ETC., 88. 157-161. FENCING ABANDONED OB UNWOBKED MINES, S. 162. INQUEST TO BE HELD IN CASE OF FATALITY, S. 163. GENERAL RULES TO BE OBSERVED IN MINING OPERATIONS, S. 164. WAGES, PAYMENT OF, s. 165. ADJOINING CLAIMS NOT TO BE IN- JUBED, s. 166. PARTY WALLS, s. 167. NOTICE OF ACCIDENTS, s. 168. NOTICE OF CHANGES IN WORKING, s. 169. STATISTICAL RETURNS, s. 170. PLANS OF WORKINGS, s. 171. INSPECTORS, GENERAL POWERS AND DUTIES, S. 172. Report on accidents, s. 173. PENALTIES, ss. 174, 175. PART X. OFFENCES, PEN- ALTIES AND PROSECU- TIONS. OFFENCES, PENALTIES, ss. 176- 181. PART XL GENERAL PRO- VISIONS. WAGES, LIEN FOB, ss. 182, 183. LIQUOR LICENSES, s. 184. RIOT ACT, s. 185. EXPLORATORY DRILLING, s. 186. RIGHTS AND EASEMENTS, s. 187. REGULATIONS BY OBDEB IN COUN- CIL, s. 188. ENTERING ON LANDS WITHOUT CONSENT FOR TRANSMISSION OF ELECTRICITY, S. 189. FEES UNDER ACT, s. 190. CANCELLATION OF PATENT LANDS AND MINES TO VEST IN CROWN, s. 191. DEFAULT UNDER MINES ACT, 1897, ss. 192-194. MINERALS ON ROADS, DISPOSAL OF BY MUNICIPALITY, S. 195. SCHEDULE OF FORMS, pp. 90-112. SCHEDULE OF FEES, pp. 112-114. CHAPTER 32. An Act respecting Mines and Mining. HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : short title. 1. This Act may be cited as The Mining Act of Ontario- 8 Edw. VII. c. 21, s. 1. Interpreta- tion. ' Agent' 2. In this Act (a) "Agent" where it occurs in Parts IX. and X. shall mean any person having, on behalf of the owner, the care or direction of a mine, or of any part thereof. (6) "Commissioner" shall mean the Mining Commis- sioner. (c) "Crown lands" shall not include lands in the actual use or occupation of the Crown, or of any public Depart- ment of the Government of Canada, or of Ontario, or of any officer or servant thereof, or under lease or license of occupation from the Crown or the Minister of Lands, Forests and Mines, or set apart or appropriated by lawful authority for any public purpose or vested in the Timiskaming and Northern Ontario Railway Commission. (d) "Department" shall mean the Department of Lands, ^gffi*- Forests and Mines. (e) "Deputy Minister" shall mean the Deputy Minister " Deputy of Mines. (f) "In place" when used in reference to mineral shall " in place.- mean in the place or position where originally formed in the solid rock, as distinguished from being in loose, fragmentary or broken rock, boulders, float, beds or deposits of gold- or platinum-bearing sand, earth, clay, or gravel, or placer. (g} "Inspector" shall include an inspector appointed " inspector. under this Act, for a Mining Division or any part thereof, or for Ontario, and any officer having the powers of an inspector. (ft) "Licensee" shall mean a person, mining partnership "Licensee or company holding a miner's license issued under this Act or any renewal thereof. (i) "Machinery" shall include steam and other engines, " Machin- boilers, furnaces, stamps and other crushing apparatus, wind- ery * ing and pumping gear, chains, trucks, tramways, tackle blocks, ropes and tools, and all appliances used in or about or in connection with a mine. (;') The noun "mine" shall include any opening or exca-"Mine.' vation in, or working of, the ground for the purpose of win- ning, opening up or proving any mineral or mineral-bearing substance, and any ore body, mineral deposit, stratum, soil, rock, bed of earth, clay, gravel or cement, or place where mining is or may be carried on, and all ways, works, machin- ery, plant, buildings and premises below or above ground, belonging to, or used in connection with, the mine, and also for the purposes of Parts IX. and X., any excavation or open- ing in the ground made for the purpose of searching for min- eral, and any roast yard, smelting furnace, mill, work or place used for or in connection with crushing, reducing, smelting, refining or treating ore, mineral or mineral-bear- ing substance. " Mine." - Mining.' (&) The verb "mine" and the word "mining" shall in- clude any mode or method of working whereby the soil or earth or any rock, stone or quartz may be disturbed, removed, washed, sifted, roasted, smelted, refined, crushed or dealt with for the purpose of obtaining any mineral therefrom, whether the same may have been previously disturbed or not, and also for the purposes of Parts IX. and X. of this Act all operations and workings mentioned in paragraph (/) of this section. 'Mineral.' (I) "Mineral" shall include coal, gas, oil and salt. "Mining lands." " Mining rights." (m) "Mining lands" shall include lands and mining rights patented or leased under or by authority of any statute, regulation, or Order in Council, respecting mines, minerals or mining, and also lands or mining rights located, staked out, used or intended to be used for mining purposes. (n) "Mining rights" shall mean the ores, mines and min- erals on or under any land where the same are or have been dealt with separately from the surface. "Minis- ter." (o) "Minister" shall mean the Minister of Lands, Forests and Mines. 'Owner." (p) "Owner" when used in Parts IX. and X. of this Act shall include every person, mining partnership, and com- pany being the immediate proprietor or lessee or occupier of a mine, or of any part thereof, or of any land located, patented or leased as mining lands but shall not include a person, or a mining partnership or company receiving merelv a royalty, rent or fine from a mine or mining lands, or being merely the proprietor of a mine or mining lands subject to a lease, grant or other authority for the working thereof, or the owner of the surface rights and not of the ore or min- erals. (r) "Patent" shall mean a grant from the Crown in f ee " Patont " simple or for any less estate made under the Great Seal. (*) "Prescribed" shall mean prescribed by this Act or by " Pre- Order in Council or by rule or regulation made under the" 01 authority of this Act (t) "Recorder" shall mean the Mining Recorder of the* Mining Division in which the land in respect of which an act, matter or thing is to be done is situate. (u) "Regulation" shall mean a regulation made by the- Lieuten ant-Governor in Council under the authority of this 0011 ' Act. (t;) "Shaft" shall include a pit. (w) "Surface rights" shall mean land granted, leased or located for agricultural or other purposes, the ores, miner- als and mines whereof or under the surface whereof are reserved to the Crown. (x) "Valuable mineral in place," shall mean a vein, lode valuable or deposit of mineral in place appearing at the time of dis- mineral." covery to be of such a nature and containing in the part thereof then exposed such kind and quantity of mineral or minerals in place, other than limestone, marble, clay, marl, peat, or building stone, as to make it probable that the vein lode or deposit is capable of being developed into a produc- ing mine likely to be workable at a profit. 8 Edw. VII, c. 21, 8.2. APPLICATION OF ACT. 3. (1) Applicants for mining lands who had prior to RI *j| tB ^ the 14th day of May, 1906, complied with the provisions of preserved. Chapter 36 of The Revised Statutes of Ontario, 1897, or regulations thereunder, respecting applications for such land and whose applications were pending before the Department on such date may prosecute their applications in the same manner and may acquire the same title to such land as if The Mines Act, 1906, and this Act had not been passed. (2) Nothing herein contained shall affect the sale, lease sales, etc., or location, for agricultural or other purposes, of any land ^r^St opened for sale or free grant under The Public Lands Act, noi **** or any Act, Order in Council or Regulation respecting thec. si', sale and disposal of such land. 8 Edw. VII. c. 21, s. 3. BUREAU OF MINES. Bureau of Minister. Power of Minister 4. The Bureau of Mines established in connection with the Department, to aid in promoting the mining interests o Ontario, shall foe continued, and the Deputy Minister shall have charge thereof under the direction of the Minister. 8 Edw. VII. c. 21, s. 4. 5. The Deputy Minister shall have all the powers, rights and authority of an Inspector, and such other powers, rights and authority for carrying into effect the provisions of thia Act as may 'be assigned to him by regulation. 8 Edw. VII, c. 21, s. 5. PROVINCIAL GEOLOGIST, ASSAYER, AND INSPECTORS. Appointment 6. (1) The Lieutenant-Governor in Council may ap- and duties . v .~ . , ~, , _ . , , i of Geologist, point a Provincial Geologist, a Provincial Assayer and an andMta-' Inspector or Inspectors, and such other officers and agents as epectors. ( j em necessary, who shall be officers of the Bureau Depart- offlcera. of Mines, and shall perform such duties as may be assigned to them by this Act or by regulation. inspector ^ Tlie Provincial Geologist shall be ex-officio an In- spector. 8 Edw. VII, c. 21, s. 6 ; 2 Geo. V, c. 8, s. 2. MINING RECORDERS THEIR DUTIES AND POWERS. Recorder. Book and maps to be kept er> ^ ' ^ e Lieutenant-Governor may appoint for each Min- ing Division a Mining Recorder, who shall be an officer of the Bureau of Mines. 8 Edw. VII, c. 21, s. 7. 8. Every Recorder shall keep such books for the recording *; i of mining claims, quarry claims and working permit appli- cations and other entries therein as may be prescribed by the Minister, and such books shall be open to inspection by any person on payment of a fee of 10 cents for each claim or application examined. He shall also keep displayed in his office a map or maps showing the territory included in his Mining Division, and shall mark thereon. all claims as they are recorded, and also all areas applied for under the pro- visions of this Act relating to working permits, and also all such areas, to be specially distinguished, in respect of which a working permit has been issued, and there shall be no charge for examining the map. 8 Edw. VII, c. 21, s. 8. 9. Every document filed in the Recorder's office shall, ing office hours, be open to inspection by any one on payment document!. of the prescribed fee. 8 Edw. VII, c. 21, s. 9. 10. Every copy of or extract from an entry in any of s books, and of any document filed in the Recorder's office, certi- fied to be a true copy or extract by the Recorder, shall be received in any court as prima facie evidence of the matter certified by him without proof of his appointment, authority or signature. 8 Edw. VII. c. 21, s. 10. EMPLOYMENT OF EXPERTS, ETC. 11. Notwithstanding anything in The Public Service A the Minister may employ any professor, instructor, or other USS person engaged in any educational or other institution to in- intituttoM vestigate the mineral resources of Ontario or for any gsto mineral work in connection with this Act, and may pay him for such services at such rate as may be agreed upon, out of any money appropriated by the Legislature for that purpose. 8 Edw. VII, c. 21, s. 11. GENERAL PROVISIONS AS TO OFFICERS. 12. (l) No officer appointed under this Act shall interested to i . , . ,. , i * i ii Crown land* directly or indirectly, by himself or by any other person, pur- or mining chase or become interested in any Crown lands, mining rights cla or mining claims, and any such purchase or interest shall be void. (2) Any officer offending against the provisions of subsec- Pnity. tion 1 shall forfeit his office and shall, in addition thereto, incur a penalty of $500 for every such offence, to be recovered in any court of competent jurisdiction by any person who sues for the same. 8 Edw. VII. c. 21, s. 12. 13. (1) A subpoena shall not issue out of any court, quiring the attendance of the Deputy Minister, the Commis- to be rob- sioner, the Provincial Geologist, the Provincial Assayer, ormut any Inspector, inspecting officer, or Recorder, or the produc- rd * r * tion of any document in their official custody or possession without an order of the court or a judge thereof, or in matters before the Commissioner without a direction of the Commis- sioner. 8 | (2) The Deputy Minister, the Commissioner, the Provin- cial Geologist, the Provincial Assayer, and any Inspector, inspecting officer, or Recorder shall not be bound to disclose any information obtained by him in his official capacity which a member of the Executive Council certifies ought not in the public interest to be divulged or cannot without prejudice to the interests of persons not concerned in the litigation be divulged and all such information shall be privileged. 8 Edw. VII. c. 21, s. 13. fm-officio Justices of the Peace. 14. The Commissioner, and every Inspector, shall be ex- officio a Justice of the Peace for every county and district in Ontario and a Recorder in his Division shall be ex-officio a Justice of the Peace for the county or district in which any part of his Division lies ; and it shall not be necessary that they shall possess any residential or property qualification. 8 Edw. VII, c. 21, s. 14. Appoint- 15. (i) A Recorder may appoint any number of con- constables stables not exceeding four, who shall be constables and peace officers for the purposes of this Act, during the terms and within the Mining Division for which they are appointed. (^) ^ constable so appointed shall be paid such fees and expenses as may be allowed by the Recorder, but such fees shall not exceed $3 per day for the time certified by the Recorder. 8 Edw. VII, c. 21, s. 15. MINING COMMISSIONER. Mining loner. *** (1) The Lieutenant-Go vernor in Council may, from time to time, appoint an officer, to be known as the Mining Commissioner, for the purposes of this Act, and all other Acts relating to mining. barrister oi ten years' standing. (2) He shall be a barrister of at least ten years' standing v ' < /-v at the bar of Ontario. Not to prao- (3) He shall not practice as a barrister or solicitor in any Use In mln- . . ing matters, matter arising under this Act, or act in any capacity as a legal agent or adviser in any such matter. 8 Edw. VII. c. 21, s. 16. Deputy Commls- sloner. (4.) I n case o f hi s illness or absence from Ontario the Deputy Minister of Mines may act in his stead. 2 Geo. V. Q n C. 8, S. 3. MINING DIVISIONS. 17. (1) The Lieutenant-Governor in Council may divide Mining the Province into Mining Divisions and may alter the number, Sov/nce 8 ' to" limits and extent thereof. tato dlvlded (2) Every Order in Council made under this section shall be published in the Ontario Gazette and shall take effect from the date of the first publication thereof. 8 Edw. VII. c. 21. s. 17. 18. Except as in this Act otherwise specially provided the claims and Recorder's office shall be the proper office for filing and re- d be^iSun cording all applications, documents and other instruments JJ* rder>s required or permitted to be filed or recorded under the pro- visions of this Act, affecting any unpatented mining claim or quarry claim or any right, privilege or interest which may be acquired under the provisions of this Act to or in respect of Crown lands or unpatented mining rights, and all such ap- plications, documents and instruments may, before patent, be filed or recorded in the said office, but after patent, the pro- Rev- stat< visions of The Registry Act and of The Land Titles Act shall cc 124 > 126 - respectively apply. 8 Edw. VII. c. 21, s. 18. 19. Where any part of the Province is not included in a vacancy in Mining Division, or if there is no Recorder for a Mining Recorder. Division, all applications shall be made to the Bureau of Mines, and all duties and powers of the Recorder shall be performed and exercised by the Deputy Minister; and all acts, matters and things which in a Mining Division are to be done by or before a Recorder shall be done by or before the Deputy Minister, and all such acts, matters and things which are to be done in the office of the Recorder shall be done at the Bureau of Mines. 8 Edw. VII. c. 21, s. 19. 20. Upon the issue of a patent by the Crown of any min- Minister to ing lands or mining rights, the Minister shall give notice corde? Jim thereof to the Recorder of the Mining Division in which thepff en f te 1 d in(l8 lands included in the patent are situate, and the Recorder shall keep in his office a list of all such lands. 8, Edw. VII, c. 21,s. 20. SPECIAL MINING DIVISIONS. 21. (1) The Lieutenant-Governor in Council may de-jgjjjjf 1 clare any locality to be a Special Mining Division. Divisions. 10 order in (2) Every Order in Council made under this section shall be published in the Ontario Gazette and shall take effect from the date of the first publication thereof. 8 Edw. VII. c. 21, s. 21. LICENSES TO MINE AND LICENSE HOLDERS. License 22. (1) No person, mining partnership or company not the holder of a miner's license shall prospect for minerals upon Crown lands or land of which mining rights are in the Crown, or stake out, record or acquire any unpatented mining claim, quarry claim, or area of land for a working permit or for a boring permit, or acquire any right or interest therein. not to license. (^) ^ clerk or employee of a licensee performing clerical, manual or other services of like nature shall not be required to be the holder of a miner's license. 8 Edw. VII, c. 21, s. 22. who may license. 23. (1) Any person over eighteen years of age, any mining partnership and, subject to the provisions of subsec- tion 6, any company incorporated or licensed under the laws of Ontario to transact business or hold lands in Ontario, shall be entitled on payment of the prescribed fee to obtain a miner's license. (Form 1.) Bate and license. (2) The license shall be dated on the day of the issue thereof and shall expire at midnight on the 31st day of March then next ensuing. non-trans- ferable. ( 3 ) The license shall be effectual throughout Ontario but shall not be transferable. companies. (^ Licenses to companies shall be issued only by the Minister or by the Deputy Minister. who may (5) Licenses to individuals and to mining partnerships may be issued by the Minister or the Deputy Minister or by any Recorder. quired "e- ( 6 ) ^ license shall not be issued to a company if it is incor P orate(1 under the laws of Ontario unless or until it has satisfied the Minister or the Deputy Minister that it is so incorporated, and if it is not so incorporated, unless or until 11 it has filed with the Bureau of Mines a copy of the license authorizing the company to transact business or hold land in Ontario verified by the affidavit (Form 2) of an officer of the company. 8 Edw. VII, c. 21, s. 23. 24. Every miner's license shall be numbered, ai also be lettered with a letter of the alphabet prescribed by the ing of Minister to indicate the office from which it was issued. 8 l!c Edw. VII, c. 21, s. 24. 25. A miner's license held by a mining partnership or company shall not entitle any partner, shareholder, officer or partnership employee thereof to the rights or privileges of a licensee. 8 r Edw. VII. c. 21, s. 25. 26. A person who is not a licensee shall not prospect for unlicensed , , . . , . , . person not minerals or stake out a mining claim, quarry claim, or area to act for of mining land for the purpose of obtaining a working permit or r comp B any. or boring permit on behalf of a mining partnership or a com- pany. 8 Edw. VII, c. 21, s. 26. 27. (1) A licensee shall be entitled to a renewal of license (Form 3) on production of his license before the expiration thereof and on payment of the prescribed fee. (2) The license may be renewed by the Minister or Deputy Minister or by any Recorder. newel. (3) The renewal shall bear date on the 1st day of and shall be deemed to have been issued and shall take effectre newal immediately upon the expiration of the license of which it is a renewal, or of the last preceding renewal as the case may be. (4) The renewal shall bear the same number and letter as Form of. the original license and after it comes into effect it shall be deemed to be the license of the licensee. 8 Edw. VII, c. 21, s. 27. 28. (1) If a miner's license is accidentally destroyed or Accidental^ lost, the holder may, on payment of the prescribed fee, obtain or^owof a duplicate thereof from the office out of which the original llcen8 *- was issued. 2 MA substituted (2) Every such duplicate shall be marked "substituted license." 8 Edw. VII, c. 21, s. 28. Not more than one license to be Issued. 29. (1) No person, mining partnership, or company shall apply for or hold more than one miner's license. (2) A contravention of this section shall be an offence against this Act, but where the Minister is satisfied that there was no improper intent, and upon surrender of the unneces- sary license or licenses the person paying for the same shall be entitled to a refund of the fee or fees paid. 8 Edw. VII, c. 21, s. 29, as amended by 5 Geo. V, c. 13, s. 2. Production 30. Every licensee shall upon demand produce and ex- of license. ..,.,.,. T _ _ hibit his license to an Inspector or a Recorder. 8 Edw. VII, c. 21, s. 30. License to date from application therefor. 31. Where application for a license or a renewal of a license is made during the absence of a Recorder from his office, the applicant may leave with the person in charge of the office his application and such documents as he is required to produce in order to obtain the license or renewal and the prescribed fee, and in every such case the license or renewal when issued shall be as effective as if obtained at the time of the application, and the license shall bear that date. 8 Edw. VII, c. 21, s. 31. 32. A licensee under the age of twenty-one years shall, twenty-one in respect of mining claims, mining lands and mining rights age" ' and all matters and transactions relating thereto, have the same rights and be subject to the same obligations and liabili- ties as if he were of full age. 8 Edw. VII, c. 21. s. 32. ofTicens'e" *^* ^e Minister, on the recommendation of the Com- fy A v ,!? lation missioner, may revoke the license of any licensee who is guilty of a wilful contravention of any of the provisions of this Act, and a license shall not thereafter be issued to such licensee without the authority of the Minister. 8 Edw. VII, c. 21, a. 33. of Act PART II. MINING CLAIMS. MINERAL IN PLACE. Where licensee pect for minerals. WHAT LANDS OPEN. 34. Subject to the provisions herein contained, the holder of a miner's license may prospect for minerals and stake out a mining claim on any: (a) Crown lands surveyed or unsurveyed ; 13 (6) Lands, the mines, minerals or mining rights where- of have been reserved by the Crown in the loca- tion, sale, patent or lease of such lands; not at the time : (i) Under staking or record, as a mining claim which has not lapsed or been abandoned, cancelled or forfeited ; (ii) Under a subsisting working permit; or (iii) Withdrawn, by any Act, Order in Council or other competent authority from prospecting, location or sale, or declared by any such authority to be not open to prospecting, staking out or sale as mining claims. 8 Edw. VII, c. 21, s. 34. DISCOVERER MAY STAKE OUT A CLAIM. 35. A licensee who discovers valuable mineral in place on when ciair any land open to prospecting, or a licensee upon whose half valuable mineral in place is discovered by another licensee upon any such land, may stake out or have staked out for him a mining claim thereon, and, subject to the other provisions of this Act, may work the same and transfer his interest therein to another licensee; but where the sur- face rights in the lands have been granted, sold, leased, or located by the Crown, compensation must be made as provided in section 104. 8 Edw. VII, c. 21, s. 35. LANDS NOT OPEN. 36. I$Q mining claim shall be staked out or recorded upon Lands of and transferred to or vested in The Timiskamincr mi<1 R>. commi any land transferred to or vested in The Timiskamincr mi<1 R>. Xorthorn Ontario Railway Commission, without the consent* 1011 ' etl of the Commission, nor except with the consent of the Minis- ter upon any land : (a) Reserved or set apart as a town site by the Crown ; (fc) Laid out into town or village lots on a registered plan by the owner thereof; (c) Forming the station grounds, switching grounds, yard or right of way of any railway, electric railway or street railway or upon any coloniza- tion or other road or road allowance. 8 Edw. ' VII, c. 21, s. 36. 14 JSd^or 37 (1) Notwithstanding that the mines or minerals occupied as therein have been reserved to the Crown, no person, mining etc. er partnership or company shall prospect for minerals upon that part of any lot used as a garden, orchard, vineyard, nursery, plantation or pleasure ground, or upon which crops which may be damaged by such prospecting are growing, or on that part of any lot upon Which is situated any spring, artificial reservoir, dam or waterworks, or any dwelling house, out- house, manufactory, public building, church or cemetery, except with the consent of the owner, lessee or locatee of the surface rights, or by order of the Kecorder or the Commis- sioner, and upon such terms as to him may seem just. Disputes as (2) If any dispute arises between the intending prospec- exempt. tor and the owner, lessee, or locatee as to land which is exempt from prospecting under subsection 1, the Recorder or the Commissioner shall determine the extent of the land which is so exempt. 8 Edw. VII, c. 21, s. 37. Valuable water powers not included In claim. 38. A water power, lying within the limits of a mining claim, which at low water mark, in its natural condition, is capable of producing 150 horse power or upwards, shall not be deemed to be part of the claim for the uses of the licensee, and a road allowance of one chain in width shall be reserved on both sides of the water together with such additional area of land as in the opinion of the Recorder or the Commis- sioner may be necessary for the development and utilization of such water power. 8 Edw. VII, c. 21, s. 38. withdrawal 39. (1) The Lieutenant-Governor in Council may with- prospecting draw 'any lands or mining rights the property of the Crown and sale. f rom prospecting and staking out and from sale or lease. drawai. ( 2 ) Tlle Lieutenant-Governor in Council may re-open for prospecting and staking out and for sale or lease any lands or mining rights so withdrawn, or which have been heretofore withdrawn. 8 Edw. VII, c. 21, s. 39. Working on behalf of Crown. 4O. The Lieutenant-Governor in Council may direct that the mines and minerals in land or mining rights so with- drawn or in any part thereof may be worked by or on behalf of the Crown under and pursuant to regulations to be made by the Minister. 8 Edw. VII, c. 21, s. 40. ros- or 16 41. Land or mining 1 rights so withdrawn, until re-opened by Order in Council, shall remain withdrawn, and shall not to ^P be prospected, staked out, occupied or worked except by or oi; worked. behalf of the Crown. 8 Edw. VII. c. 21, s. 41. 42. (1) Every officer appointed or acting under the P ro " fl^ r g f of visions of this Act, and every assistant of such officer whothe C Crown makes a discovery of valuable mineral upon any lands or min- mfnerai nn ing rights, open to prospecting and staking out as a mining claim, shall stake out and record a parcel thereof of the size and form of a mining claim on behalf of the Crown, and no license shall be required for that purpose. (2) No proceeding shall be necessary for such staking out Method except to plant posts and blaze lines as provided in respect to a mining claim, but the officer or assistant shall mark upon the discovery post and No. 1 post the words "staked out for the Crown," and within the time limited by this Act for re- cording the claim shall notify the Recorder of the staking out, giving the date of staking out and the description of the property. (3) The Recorder upon receiving such notice shall enter the ^cording:. parcel of land upon his record book as staked out on behalf of the Crown, and shall mark it upon his map with the letter "C," and after such staking out the parcel shall not be open to staking out or recording. 8 Edw. VII. c. 21, s. 42. 43. Land or mining rights staked out on behalf of Crown, and land or mining rights reserved or withdrawn JJgjJjj* from prospecting, staking out, or sale as mining claims, may rights be worked, sold, leased or granted by the Crown or worked agreement. under an agreement or arrangement with the Crown in such manner and upon such terms and conditions and for such price as may be provided by Order in Council ; and all sales, leases, grants or working agreements heretofore made in respect of any such land or mining rights are hereby ratified and confirmed. 8 Edw. VII. c. 21, s. 43. FOEEST RESEEVES. 44. No person, mining partnership or company, not the holder of a miner's license, shall use or occupy any of the lands in a Crown Forest Reserve, or prospect for minerals or conduct mining operations therein, and no licensee shall use or occupy any of the lands in a Crown Forest Reserve Protection of Forest Reserves. 16 Cinlnc lands not to be sold on Forest Reserve. Mining leases on Forest Reserves. or -prospect for minerals or conduct mining operations therein, except in accordance with regulations made under The Forest Reserves Act. 8 Edw. VII, c. 21, s. 44. 45. No lands shall be sold for mining purposes in a Crown Forest Reserve. 8 Edw. VII, c. 21, s. 45. 46. (1) A lease of lands in a Crown Forest Reserve per- mitting mining operations therein may be made for a period not exceeding ten years with the right of perpetual renewal for periods of not more than ten years. (2) Every such lease and every renewal of it shall be sub- ject to such regulations as may from time to time be made by the Lieutenant-Governor in Council. 8 Edw. VII, c. 21, s. 46. LANDS UNDER TIMBER LICENSE. 47 - Except as herein otherwise provided, the holder of a m i ner ' s license may prospect for minerals on any Crown lands under timber license under and subject to the follow- n3fbe tlon allowed on berths! ng provsons : 1. Upon the discovery of valuable mineral in place on any Crown lands under timber license the holder of a miner's license may stake out and record a mining claim thereon, and the Recorder within three days after the application for record shall notify the Minister thereof and the Minister shall thereupon notify the timber licensee. 2 The provisions of this Act with reference to mining operations on the mining claim shall be suspended until it has been decided by the Minister whether mining operations shall be permitted to be carried on, and if the Minister decides that mining operations may be carried on, the time for the performance of the working conditions shall begin on the day fixed by the Minister, of which date notice shall be given to the Recorder and the mining licensee. 3. The Minister may impose such restrictions and limita- tions as in his judgment may be necessary to protect the in- terests of the Crown and of all persons concerned. 4. The Lieutenant-Governor in Council may make regula- tions regarding the carrying on of mining operations on Crown Lands under timber license, but the provisions of subsection 3 of section 188 shall apply to such regulations. 17 5. The rights conferred upon the holder of a miner's license under this section shall be subject to the payment to the timber licensee of the value of his interest in any timber cut or damaged upon such mining claim, and any dispute between the mining licensee and the timber licensee in respect to the quantity or the value thereof or otherwise shall be disposed of by the Minister, whose decision shall be final. 8 Edw. VII, c. 21, s. 4T. PBOHIBITING MINING WOBK. 48. The Minister, whenever he deems it necessary for the Minister protection of timber or for any other reason, may prohibit the Sw carrying on upon Crown lands of mining work or other operations which would otherwise be lawful under this Act until such time and except in accordance with such restric- tions and conditions as he may deem proper. 8 Edw. VII, c. 21, s. 4=8. SIZE AND FOBM OP MINING CLAIMS. 49. A mining claim in unsurveyed territory shall be laid gj out with boundary lines running north and south and east and west astronomically and the measurements thereof shall be horizontal, and in a township surveyed into lots or quarter sections or subdivisions of a section, a mining claim shall be such part of a lot or quarter section or subdivision of a section as is hereinafter defined, and the boundaries of all mining claims shall extend downwards vertically on all sides. 8 Edw. VII, c. 21, s. 49. Mining Claims not in a Special Mining Division. 50. Except in a Special Mining Division, (a) A mining claim in unsurveyed territory shall be asiae and square of 40 acres, being 20 chains (1,320 feet) claim. on each side; (6) Where mining locations the property of the Crown Mining loca- . i . . i-i j tions hereto- m unsurveyed territory have been surveyed in f 0re survey- conformity with any Act into blocks of the fi lowing dimensions, namely, 20 chains in length tor y. by 20 chains in width, 40 chains in length by 20 chains in width, 40 chains square, or 80 chains in length by 40 chains in width, or thereabouts, and the plans and field notes of such locations are of record in the Department, a mining claim 18 Size of claims. staked out thereon shall be 20 chains in length 'by 20 chains in width, and one claim shall com- prise the whole of a location 20 chains square. A location 40 chains in length by 20 chains in width may be divided into two mining claims by a line drawn through the centre thereof parallel to one of the shorter boundaries. In the case of a location 40 chains square a claim shall consist of one or other of the following subdivisions: the northeast quarter, the north- west quarter, the southeast quarter, or the south- .west quarter. In a location 80 chains in length by 40 chains in width where the length of the location is north and south, a claim shall consist of the northeast quarter of the north half, the northwest quarter of the north half, the south- east quarter of the north half, the southwest quarter of the north half or any like subdivision of the south half; and where the length of a location is east and west a claim shall consist of the northeast quarter of the east half, the northwest quarter of the east half, the southeast quarter of the east half, or the southwest quarter of the east half, or any like subdivision of the west half. In townships surveyed in- to sections of 640 acres. Townships surveyed into lots of 320 acres. (c) In a township surveyed into sections of 640 acres subdivided into quarter sections, or subdivisions containing 160 acres or thereabouts, a mining claim shall consist of the northeast quarter, the northwest quarter, the southeast quarter or the southwest quarter of a quarter section or sub- division, and shall contain 40 acres or there- abouts. (d) In a township surveyed into lots of 320 acres, a mining claim shall consist of the northwest quar- ter of the north half, the northeast quarter of the north half, the southwest quarter of the north half, the southeast quarter of the north half, or any like subdivision of the south half, and shall contain 40 acres or thereabouts. Townships surveyed into lots of 200 acres. (e*) In a township surveyed into lots of 200 acres a mining claim shall consist of the northeast quar- ter, the southwest quarter, the northwest quarter, or the southeast quarter of the lot, and shall con- tain 50 acres or thereabouts. 19 (/) In a township surveyed into lots of 150 acres, a mining claim shall consist of the northeast quar- J^j ter, the southeast quarter, the northwest quarter, or the southwest quarter of the lot, and shall con- tain 37^/2 acres or thereabouts. (0) In a township surveyed into lots of 100 acres, a^ownsMps mining claim shall consist of the north half, the into lots south half, the east half, or the west half of the acres, lot, and shall contain 50 acres, or thereabouts. 8 Edw. VII, c. 21, s. 50. Claims in Special Mining Division. 51. In a Special Mining Division, (a) A mining claim in unsurveyed territory shall be ainunsur- rectangle of 20 acres, having a length from north t^* 1 terri " to south of 20 chains (1,320 ft.) and a width from east to west of 10 chains (660 ft.) (&) Where mining locations the property of the Crown special min- in unsurveyed territory have heretofore been sur- jJJf^lSSJ? veyed in conformity with the provisions of any locatlon8 * A. A. ri i * ,-\ f -it T heretofore Act into blocks 01 the following dimensions, surveyed in namely, 20 chains in length by 20 chains width, 40 chains in length by 20 chains in width, 40 chains square, or 80 chains in length by 40 chains in width, or thereabouts, and the plans and field notes of such locations are of record in the Department, a mining claim staked out thereon shall consist of the east half or the west half of a location 20 chains square, or the north- east quarter, the southeast quarter, the northwest quarter, or the southwest quarter, of a location 40 chains in length by 20 chains in width ; or the west half or the east half of any of the follow- ing subdivisions of a location 40 chains square, namely, the northeast quarter, the northwest quarter, the southeast quarter, or the southwest quarter; or the northeast quarter of the north- east quarter, the northwest quarter of the north- east quarter, the southeast quarter of the north- east quarter, or the southwest quarter of the northeast quarter, or any like subdivision of the southeast quarter, the southwest quarter, or the northwest quarter of a location 80 chains in length by 40 chains in width, or where the length 20 of such location is east and west, of the east half or the west half of the northeast quarter of the east half, the east half or the west half of the southeast quarter of the east half, the east half or the west half of the northwest quarter of the east half, or the east half or the west half of the southwest quarter of the east half, or of a corresponding subdivision of rhe west half of the location, and every such mining claim shall con- tain 20 acres or thereabouts. In township surveyed into sec- tions of 640 acres. (c) In a township surveyed into sections of 640 acres, where the sections have been subdivided into quarter sections, or subdivisions, a mining claim shall consist of either the west half or the east half of the northeast quarter, the southeast quar- ter, the northwest quarter or the southwest quar- ter of a quarter section or subdivision, and shall contain 20 acres or thereabouts. In township surveyed into lots of 320 acres. (d) In a township surveyed into lots of 320 acres, a mining claim shall consist of the northeast quar- ter of the northeast quarter, the northwest quar- ter of the northeast quarter, the southeast quar- ter of the northeast quarter, or the southwest quarter of the northeast quarter, or any like sub- division of the southeast quarter, the southwest quarter, or the northwest quarter of the lot, and shall contain 20 acres or thereabouts. In township surveyed Into lots of 200 acres. In township surveyed into lots of 150 acres. () In a township surveyed into lots of 200 acres, a mining claim where the side lines of the lots run northerly and southerly, shall consist of the northeast quarter of the north half, the southeast quarter of the north half, the northwest quarter of the north half, the southwest quarter of the north half, or any like subdivision of the south half; and where the side lines of the lots run easterly and westerly, the mining claim shall con- sist of the northeast quarter of the east half, the northwest quarter of the east half, the southeast quarter of the east half, the southwest quarter of the east half or any like subdivision of the west half, and every such mining claim shall contain 25 acres or thereabouts. (/) In a township surveyed into lots of 150 acres a mining claim shall consist of the north half or 21 the south half of the northeast quarter, the north- west quarter, the southeast quarter or the south- west quarter of the lot, and shall contain 18% acres or thereabouts. (g) In a township surveyed into lots of 100 acres, a township mining claim shall consist of the northeast quar- fntoTots of ter, the southeast quarter, the northwest quarter, 101 or the southwest quarter of a lot, and shall con- tain 25 acres or thereabouts. 8 Edw. VII, c. 21, s, 51. Irregular Areas, Etc. 52. (1) In unsurveyed territory an irregular portion of Marking land lying 'between land not open to be staked out, or border- of irregular ing on water, may be staked out with boundaries coterminous tur$eyed Un ~ thereto, but the claim shall be made to conform as nearly as territor y- practicable to the prescribed form and area and shall not exceed the prescribed area. (2) In a surveyed township where, by reason of land cov- in surveyed ered with water being excluded from the area of a lot, quarter townsfllip - section or subdivision of a section, or by reason of the lot, quarter section or subdivision being irregular in form, or from any other cause, it is impossible to stake out a mining claim of the prescribed area in accordance with the foregoing provisions of this Act, the mining claim where practicable shall be of the 'prescribed form and area and shall have such, if any, of its boundaries as can be so made coincident with boundary lines of the lot, quarter-section or subdivision of a section, and shall have as many as possible of its boundaries which are not so coincident parallel to boundaries of the lot, quarter-section or subdivision which are straight lines, and where necessary to procure the prescribed area the mining claim may extend into any part of the lot or quarter-section or subdivision of a section, but not into any other lot or quarter-section or subdivision of a section, and land lying between land not open to be staked out or between such land and a boundary or boundaries of the lot, quarter-sec- tion or subdivision of a section, may be staked out with boundaries coterminous thereto, but the claim shall be made to conform as nearly as practicable to the prescribed form and area and shall not exceed the prescribed area. 8 Edw. VII, c. 21, s. 52. (3) In unsurveyed territory land covered with water cjajms ln ~ may be included in a claim in the same way as land not lands cov- novered with water ; and in a surveyed township, land covered 22 Number of Discovery on No " 1 "" pot. ' with water which would, if not covered with water, have been comprised in the area of the lot, quarter section or subdivision of a section, or have constituted a lot, quarter section, or sub- division of a section, may be included in a claim as if it were in fact part of such lot, quarter section, or subdivision of a section; but wherever a claim includes land covered with water there may be reserved to the Crown, the surface rights in a strip of land along the shore 66 feet in perpendicular width from the water's edge and such other rights of access and passage to, from and over the water as to the Minister may seem desirable, and in the case of navigable water a lease or license only to extract the ore or mineral, and not a patent, shall be granted. 2 Geo. V. c. 8, s. 4. Number of Claims Which may be Staked Out. 53. Not more than three mining claims may be staked out or applied for in the name of a licensee in any one mining division or in territory not comprised in a mining division during a license year. 8 Edw. VII, c. 21, s. 53 ; 2 Geo. V, c. 8, s. 5. STAKING OUT CLAIMS. 54. (i) A mining claim shall be staked out by : (#) Planting or erecting upon an outcropping or show- ing of mineral in place at the point of discovery a discovery post upon which shall be written or placed the name of the licensee making the dis- covery, the letter and number of his license, and the date of his discovery, and if the discovery is made on behalf of another licensee for and in whose name the claim is to be staked out and recorded, also the name of such other licensee, and the letter and number of his license ; (&) Planting or erecting a post at each of the four corners of the claim, marking that at the north- east corner " No. 1," that at the southeast corner " No. 2," that at the southwest corner " No. 3," and that at the northwest corner " No. 4," so that the number shall be on the side of the post toward the post next following it in the order named ; ( c ) Writing or placing on No. 1 post all the particulars required to be upon the discovery post, and also plainly marking thereon the distance and direc- tion therefrom of the discovery post, and if the claim is situated in a township surveyed into lots, 23 quarter-sections or subdivisions of a section, the part thereof comprised in the claim, mentioning the lot and concession or the section by number ; (d) Writing or placing on jSTo. 2, No. 3 and No. 4 post.- Marking the name of the licensee making the discovery licensee, etc. and if the discovery is made on behalf of another licensee for and in whose name the claim is being staked out, also the name of such other licensee ; and (e) Plainly blazing the trees on two sides only where Marking there are standing trees, and cutting the under- JSS'wazinK brush along the boundary lines of the claim and or picketing plainly blazing a line from No. 1 post to the dis- covery post, or whete there are not standing trees, clearly indicating the outlines of the claim, and marking a line from No. 1 post to the dis- covery post by planting durable pickets, not less than five feet in height thereon at intervals of noj more than two chains (132 feet) or by erecting at such intervals monuments of earth or rock not less than two feet in diameter at the base, and at least two feet high, so that the lines may be distinctly seen. (2) Where at a corner of the claim the nature or con-witnew formation of the ground renders the planting or erecting of post a post impracticable, such corner may be indicated by plant- ing or erecting at the nearest practicable point a witness post, which shall bear the same marking as that prescribed for the corner post at that corner together with the letters " W. P." and an indication of the direction and distance of the site of the true corner from the witness post. (3) Every post shall stand not less than four feet above the Mode of ground, and shall be squared or faced on four sides for at least one foot from the top, and each side shall measure least four inches across where squared or faced, but a stand- ing stump or tree may be used as a post if cut off and squared and faced to such height and size, and when the survey is made the centre of the tree or stump where it enters the ground shall be taken as the point to or from which the measurement shall be made. (4) The following diagrams are intended to illustrate the Jg method of staking out a claim as mentioned in subsections (1) and (2). 24 B lazed Line N9III D- ^Discovery Post / B/azed Line Diagram illustrating s. 54 (1). 1/azed L/nt N9 111 D B/azed Li Diagram illustrating s. 54 (2). Staking promptly after dis- covery. 8 Edw. VII. c. 21, s. 54. 55. After a discovery of valuable mineral in place, the licensee, if he desires to stake out a claim thereon, shall at once plant or erect his discovery post and proceed as quickly as is reasonably possible to complete the staking out of the claim, and if he is in fact the first licensee to make a dis- covery of valuable mineral in place and plant a discovery post thereon no other licensee shall be entitled to stake out or interfere with the property while he is so completing the staking out, but if he fails to proceed with the staking om with such diligence and speed, he shall be liable to lose his 25 rights in case another licensee makes a discovery of valuable mineral in place upon the property and completes the staking out before him. 8 Edw. VII, c. 21, s. 55. 56. (1) Until a discovery post is planted or erected all Prospecting v i -IT i i i pickets. licensees shall have equal rights upon land open to prospect- ing, except that where a licensee has found what he believes to be a vein or deposit of mineral or to be an indication thereof, he may plant or erect not more than 150 feet apart two pickets, at least four feet in height, to be known as pros- pecting pickets, each marked with the letters " P.P." and his name and license number and letter, and may dig a trench not less than six feet long and six inches deep from each of such pickets along the line running towards the other picket, or where that is impracticable may erect a monument of rock or earth not less than two feet wide at the base and at least two feet high, extending six feet from each picket towards the other picket, and may also blaze the standing trees, if any, along the line between the pickets, and after he has done so, so long as he is diligently and continuously prospecting or following up indications on the block of land extending twenty-five feet on each side of a straight line between the pickets he shall be entitled to the exclusive right to prospect and to make a discovery thereon. f'2) Xothing in subsection (1) shall prevent any other Not to pre- licensee from prospecting anywhere outside the limits of such licensee block of land, and the first licensee to discover valuable ouT mineral in place and stake out a mining claim thereon shall, subject to the other provisions of this Act, be entitled to the claim, and if the claim includes such block of land the rights of such picketing licensee shall cease. (3) A licensee shall not have more than one block of land J cense enot picketed at one time, and if he has at any time more than than one one all his picketings shall be void. 8 Edw. VII, c. 21, s. 56. picketed. 57. (1) A licensee or other person who for any purpose Forfeiture does any staking out or plants, erects or places any stake. J r r theV to post, or marking upon any land open to prospecting except "taMnp. as authorized by this Act, or causes or procures the same to be done, or who stakes out or partially stakes out any such lands, or causes or procures the same to be done, and fails to record the staking out with the Recorder within the pre- pcribed time, shall not thereafter be entitled to again stake out such lands or any part thereof, or to record a mining claim thereon, unless he notifies the Recorder in writing of such staking out, partial staking out, or planting, placing or marking and of his abandonment thereof, and satisfies the Recorder by affidavit that he acted in good faith and for no improper purpose and pays to the Recorder a fee of $20 and procures from him a certificate stating that the Recorder is satisfied that he so acted. Entry of (2) The Recorder shall enter every such certificate in his forfeiture. , \ . , , n /. books with the date 01 its issue. 58. Substantial compliance as nearly as circumstances will with Act reasonably permit with the requirements of this Act as to the sufficient. . . ... , . JL , ,, , ^ . o -ru staking out of mining claims shall be sufficient. 8 Edw. VII, c. 21, s. 58. APPLICATIONS TO RECORD. 59. (1) A licensee who has staked out a mining claim or upon whose behalf a mining claim has been staked out shall, within fifteen days thereafter or within the further time allowed by subsection (4), furnish to the Recorder an out- line sketch or plan of the mining claim, showing the discovery post and corner posts and the witness posts (if any) and their distance from each other in feet, together with an application (Form 4) setting forth the name of the licensee by whom the valuable mineral in place was discovered and of the licensee on whose behalf the application is made and the letters and numbers of their licenses, the name, if any, of the claim, and in the case of unsurveyed territory its locality indicated by some general description and such other information as will enable the Recorder to lay down the claim on his office map, or in the case of a surveyed township, designating the lot, quarter-section or subdivision of a section, and the portion thereof comprised in the claim, the length of the outlines, and if for any reason they are not regular the nature of such reason, the situation of the discovery post as indicated by the distance and direction from No. 1 post, the day and hour when the discovery of valuable mineral in place was made, when the claim was staked out and the date of the application, and with the application shall be paid the prescribed fee. Application (2) If a licensee claims to be entitled to a free grant of a |rant ee mining claim under section 108, he shall, in addition to the application to record the claim, make application (Form 5) for the free grant. 27 (3) The application and sketch or plan shall be accom- panied by an affidavit (Form 6) made by the discovering map, etc. licensee showing a discovery of valuable mineral in place upon the claim, with particulars of the kind of ore or mineral discovered, and, if possible, the kind of rock enclosing it, the date of the discovery and of the staking out, that the distances given in the application and sketch or plan are as accurate as they could reasonably be ascertained, and that all the other statements and particulars set forth and shown in the applica- tion and sketch or plan are true and correct, that at the time of staking out there was nothing upon the lands to indicate that they were not open to be staked out as a mining claim, that the deponent verily believes they were so open and that the staking out is valid and should be recorded, and that there are upon the lands or the lot or part lot or section of which they form a part no buildings, clearing or improvements for farm- ing or other purposes except as set forth in the affidavit ; and an applicant for a free grant shall also file an affidavit (Form 7) showing his right thereto. (4) Where the claim is situate more than ten miles in a Additional^ straight line from the office of the Recorder for each addi- in consider- tional ten miles or fraction thereof an additional day shall distance, be allowed for recording. 8 Edw. VII, c. 21, s. 59. (5) Where it appears that there has been an attempt made in good faith to comply with the provisions of this Act, inclusion of more or less than the prescribed area in a niinmg JjtJ claim, or the failure of the licensee to describe or set out in the application, sketch or plan furnished to the Recorder the actual area or parcel of land staked out shall not invalidate the claim. 4 Geo. V. c. 14, s. 2. 60. A licensee by or on whose behalf an application i;;< >vcry upon which it is bi'.sc:! has IX-'.-M ins}>:'rtr 3. assignment of a mining claim or of any right or interest 31 acquired under the provisions of this Act shall contain, or have endorsed thereon, the place of residence and post office address of the applicant, transferee or assignee, and also, when he is not a resident in Ontario, the name, residence and post office address of some person resident in Ontario upon whom service may be made. (2) No such application, transfer or assignment shall be J filed or recorded unless it conforms with the provisions of the not to ,. , ,. be filed. next preceding subsection. (3) Another person resident in Ontario may be substituted Se as the person upon whom service may be made by filing, in the f or service. office in which any such application, transfer or assignment is filed or recorded, a memorandum setting forth the name, residence and post office address of such other person and such substitution may be made from time to time as occasion may require. (4) Service upon the person named as the person upon service whom service may be made, unless another person has been " P( be aeen1 substituted for him under the provisions of subsection 3, and sufficlent in case of such substitution upon the person substituted, shall have the same effect as service upon the person whom he represents. (5) The provisions of the next preceding subsection shall J apply to every notice, demand or proceeding in any way re- of section. lating to a mining claim or to mining rights or to any other right or interest which may be acquired under the provisions of this Act. 8 Edw. VII, c. 21, s. 69. TBUSTS, AGREEMENTS AND TRANSFERS. 70. (1) Notice of a trust, express, implied or construe- ciaim tive, relating to any unpatented mining claim, shall not bo entered on the record or be received by a Recorder. (2) Describing the holder of the mining claim as a trustee, whether the beneficiary or object of the trust is mentioned ortrustW- not, shall not impose upon any person dealing with such effe holder the duty of making any enquiry as to his power to deal therewith, but the holder may deal with the claim as if such description had not been inserted. (3) Nothing in this section shall relieve the holder Saving of the mining claim, who is in fact a trustee thereof or others. of any part or share thereof or interest therein, from liability 32 as between himself and any person, mining partnership or company for whom he is a trustee, but such liability shall con- tinue as if this section had not been enacted, nor shall any provision in this Act relieve the holder from any personal liability or obligation. 8 Edw. VII, c. 21, s. 70. Necessity ing out. 71. (1) No person shall be entitled to enforce any claim, right or interest, contracted for or acquired before the staking out, to or in or under any staking out or recording of a mining claim or of any mining lands or mining rights done in the name of another person unless the fact that such first-men- tioned person is so entitled is made to appear by a writing signed by the holder of the claim or by the licensee by whom or in whose name the staking out or recording was done, or the evidence of such first-mentioned person is corroborated by gome Qtjjg,. ma terial evidence, and where a right or interest is so made to appear the provisions of the Statute of Frauds shall not apply. In cases after stak- ing out. (2) No person shall be entitled to enforce any contract, made after the staking out, for sale or transfer of a mining claim or any mining lands or mining rights, or any interest in or concerning the same, unless the agreement or some note or memorandum thereof is in writing signed by the person against whom it is sought to enforce the contract or by his agent thereunto by him lawfully authorized. 8 Edw. VII, c. 21, s. 71. Transfer, form of. 72. A transfer of an unpatented mining claim or of any interest therein may be in Form 11 and shall be signed by the transferor or by his agent authorized by instrument in writ- ing. 8 Edw. VII, c. 21, s. 72. RECORDING DOCUMENTS. prerequi- 73. Except as in this Act otherwise expressly provided, no recordng transfer or assignment of or agreement or other instrument instruments affecting a mining claim or any recorded right or interest acquired under the provisions of this Act, shall be entered on the record or received by a Recorder unless the same pur- ports to be signed by the recorded holder of the claim or right or interest affected, or by his agent authorized by re- corded instrument in writing, nor shall any such instrument be recorded without an affidavit (Form 12) attached to or endorsed thereon, made by a subscribing witness to the instrument. 8 Edw. VII, c. 21, s. 73. 33 74. After a mining claim or any other right or interest Prlority - acquired under the provisions of this Act has been recorded every instrument other than a will affecting the claim or any interest therein shall be void as against a subsequent pur- chaser or transferee for valuable consideration without actual notice unless such instrument is recorded before the record- ing of the instrument under which the subsequent purchaser or transferee claims. 8 Edw. VII, c. 21, s. 74. 75. The recording of an instrument under this Act constitute notice of the instrument to all persons claiming notice. any interest in the claim subsequent to such recording, not- withstanding any defect in the proof for recording, but never- theless it shall be the duty of the Recorder not to record an instrument except upon the proof required by this Act. 8 Edw. VII. c. 21, s. 75. 76. Priority of recording shall prevail unless before the where prior recording there has been actual notice of the prior in-Joffce strument by the party claiming under the prior recording. to prevail. 8 Edw. VII, c. 21, s. 76. 77. (1) The Recorder shall enter upon the record o f R e cordin 5 . . . , . orders ana any unpatented mining claim or other recorded right or in- judgments. terest a note of any order or decision made by him affecting the same, giving its date and effect and the date of the entry; and he shall upon receiving with the prescribed fee an order or decision of the Commissioner, or an order, judgment or certificate in an appeal from him, or a certified or sworn copy thereof, file the same and enter a note thereof upon the record of the claim or right or interest affected thereby. (2) In a proceeding; calling in question any interest in an Recording *.*" i xi j i ii j. .certificate unpatented mining claim or other recorded right or interest O f ii the Commissioner or Recorder may issue a certificate (Form penden8- 13) and upon receipt thereof and payment of the prescribed fee the Recorder shall file and note it as herein above directed. (3) The filing of a certificate shall be actual notice to persons of the proceeding. be notice. (4) The certificate, and the filing and noting thereof, shall Duration of ,/<- ti f xi_ ,. certificate of be of no effect for any purpose whatever after the expiration lu df ten days from the date of filing unless within that time an order continuing the same is obtained from the Commissioner or the Recorder, and any person interested may at any time apply to the Commissioner for an order vacating the certi- ficate. 8 Edw. VII, c. 21, s. 77. Execution 3 against claims, en- tering note of. (5) A copy of a writ of execution certified by the sheriff of the county or district to be a true copy of a writ in his hands may be filed with the Recorder, and the Recorder, up- on receiving the prescribed fee and being given the number or description of the claim, shall enter a note of such execu- tion upon the record of each claim of which the execution debtor is the recorded holder or in which he has a recorded interest, and from and after, but not before, such entry, the execution shall bind all the right or interest of the execution debtor in the claim, and after such entry the sheriff shall have power to sell and realize upon such right or interest in the same way as goods and chattels may be sold and realized upon under execution, and a transfer from the sheriff to the purchaser may, upon the latter becoming, if he is not before, a licensee, be recorded in like manner and with the same effect as a transfer from the execution debtor. Certified copy, fee therefor. (6) Such certified copy of the writ of execution may be obtained from the sheriff on payment of a fee of $1, which fee, together with the fee paid for recording the same, shall be added to the execution debt. Renewal of execution. Discharge of execu- tion. (7) After entry of such execution upon the record of the claim the sheriff or the execution creditor may do anything which the execution debtor could do to keep the claim or in- terest in or restore it to good standing, and shall be entitled to add the necessary expense thereof to the execution debt. (8) Such execution may be discharged by recording a cer- tificate from the sheriff that it has been satisfied, or by record- ing a release from the execution creditor, or by obtaining and filing an order of the Commissioner directing its removal. 2 Geo. V. c. 8, s. 7. : Working conditions on mining claims. WORKING CONDITIONS 78. (1) The recorded holder of a mining claim shall perform or cause to be performed thereon work which shall consist of stripping or opening up of mines, sinking shafts or other actual mining operations as follows : (a) During the three months immediately following the recording, to the extent of thirty days of not less than 8 hours per day; (&) During each of the first and second years following the expiration of such three months, to the ex- tent of 60 days of not less than 8 hours per day ; 35 (c) During the third year following the expiration of such three months, to the extent of not less than 90 days of 8 hours per day. (As amended by the Mining Amendment Act, 1914, s. 3 (2) The work may be completed in a less period of time work done than herein specified. If more work is performed hy or onJ^J behalf of the recorded holder than is herein required during the first three months or in any subsequent year, the excess for excess. upon proof of the same having been performed shall be credited by the Recorder upon the work required to be done during any subsequent year. 8 Edw. VII. c. 21, s. 78 (1), (2). (3) Boring by diamond or other core drill shall count Drilling. as work at the rate of two days' work for every foot of boring in solid formation. 2 Geo. V. c. 8, s. 8. (4) The recorded holder of a mining claim shall, not later Report or than 10 days after each of the periods specified, make a re-JS8f *" port (Form 14) as to the work done, or caused to be done, by him during such period, verified by affidavit (Form 15), but a report shall not be required for any period in which in consequence of the work having been previously done and reported no work has been done. The report shall show in detail the names and residences of the men who performed the work and the dates upon which each man worked in its performance. 8 Edw. VII. c. 21, s. 78 (3) ; 10 Edw. VIT. c. 26, s. 45 (1) ; and 4 Geo. V. c. 14, s. 3 (2). (5) The Recorder if satisfied that the prescribed work has certificate been duly performed may grant a certificate (Form 16), butance?* he may first, if he deems proper, inspect or order the inspec- tion of the work, or otherwise investigate the question of its sufficiency, and such certificate, in the absence of fraud or mistake, shall be final and conclusive evidence of the due per- formance of the work therein certified, but where it has been issued in mistake or obtained by fraud the Commissioner shall have power to revoke and cancel it upon the application of the Crown or an officer of the Bureau of Mines or any person interested. (6) The decision of the Commissioner as to the due per- Decision of formance of work shall be final. 8 Edw. VII. c. 21, s. 78 (4) ; sionerflnai. 10 Edw. VII. c. 26, s. 45 (3). 36 CO A licensee who has given notice (Form 17) to the ciaim^ UOUS R ecor der of his intention to perform all the work required to be performed in respect of not more than three contiguous mining claims upon one or two of them, may perform such work upon the claim or claims so specified and the report and affidavit as to work may he made accordingly. (^) ^ e construction of houses or roads or other like im- regarded. provements shall not constitute "actual mining operations" within the meaning of this section. 8 Edw. VII. c. 21, s.78(5)-(6). Computation of time Extensions. *^' ^ n computing the time within which work upon a m ^ n ^ n g claim is required to be performed, the following per- formance of iods.of time shall be excluded: working con- ditions. (a) All time which by an Order in Council or regula- tion is excluded; (&) In a Forest Reserve the time elapsing between the delivery by the holder of a mining claim to the Bureau of Mines of an application to work upon the same and the granting of such permission; (c) In the case of lands under timber license the time during which working conditions are suspended under section 47; (d) The time during which mining operations are pro- hibited hy the Minister under section 48. 8 Edw. VII. c. 21, s. 79. (e) For the first instalment of work the time between the 16th of November and the 15th of April, hoth days inclusive, but this shall not have the effect of extending the time for performance of any subsequent instalment of work, and shall not alter the meaning of the word "expiration" in subsection (1) of section 78. 2 Geo. V. c. 8, s. 9. Extension SO. (1) If by reason of pending proceedings or of the perforrn f - or death or incapacity from illness of the holder of a mining ance - claim the work is not performed within the prescribed time, the Recorder may from time to time extend the time for the performance of such work for such period as he may deem reasonable and he shall forthwith enter a note of every such sxtension on the record of the claim. 37 (2) Work performed within any such extended period S* shall be deemed to have been duly performed under section extension. 78. 8 Edw. VII. c. 21, s. 80. 81. (1) Where two or more persons are the holders of an a^contrib" unpatented mining claim, each of them shall contribute pro- tion by co- portionately to his interest, or as they may otherwise agree be- w tween themselves, to the work required to be done thereon. In case of default by any holder the Commissioner upon the application of any other holder and upon notice to and after hearing all persons interested or such of them as appear, may make an order vesting the interest of the defaulter in the other co-owners upon such terms and conditions and in such pro- portions as he may deem just. (2) Subsection 1 shall apply to all mining claims staked oVs"^" " out or applied for on or after the 14th day of May, 1906, section (1) - or before that day under regulations made under the author- ity of The Mines Act, being chapter 36 of the Revised Statutes of Ontario, 1897. 8 Edw. VII. c. 21, s. 81. ABANDONMENT. 82. (1) A licensee may, at any time, abandon a mining ffJfJsg / claim by giving notice in writing (Form 18) to the Recorder to abandon, of his intention so to do. (2) The Recorder shall enter a note of such abandonment En^of upon the record of the claim, with the date of the receipt of the abandon- notice, and shall forthwith post up in his office a notice of the m< abandonment, marked with the date of the posting up thereof, and thereupon all interest of the licensee in such claim shall cease and determine, and the claim shall on and after, but not before, the eleventh day after such posting up, inclusive of the day of posting up, be open for prospecting and staking out. 8 Edw. VII, c. 21, s. 82 ; 2 Geo. V. c. 8, s. 10. 83. Non-compliance by the licensee with any requirement Effect of of this Act as to the time or manner of the staking out and anc^Srttn" recording of a mining claim or with a direction of the Ive- fi^oY" 1 " 60 " oorder in regard thereto, within the time limited therefor, Recorder shall be deemed to be an abandonment, and the claim shall, donment. without any declaration, entry or act on the part of the Crown or by any officer, unless otherwise ordered by the Commis- sioner, be forthwith open to prospecting and staking out. 8 Edw. VII. c. 21, s. 83; 9 Edw. VII. c. 26, s. 31 (1). 38 FORFEITURE. 84. (1) Except as provided by section 85, all the inter- est of the holder of a mining claim before the patent thereof has issued shall, without any declaration, entry or act on the part of the Crown or by any officer, cease, and the claim shall forthwith be open for prospecting and staking out : (a) If the license of the holder has expired, and has not been renewed; (Z>) If without the consent in writing of the Recorder or Commissioner, or for any purpose of fraud or deception or other improper purpose, the holder removes or causes or procures to be removed any stake or post forming part of the staking out of such mining claim, or for any such purpose changes or effaces or causes to be changed or effaced any writing or marking upon any such stake or post ; (c) If the prescribed work is not duly performed ; (d) If any report under subsection (3) of section 78 is not made and deposited with the Recorder as therein required ; (e) If the application and payment for the patent re- quired by sections 106 and 107 are not made within the prescribed time. 8 Edw. VII. c. 21, s. 84 (1) ; 9 Edw. VII. c. 26, s. 31 (2). Proceedings (2) No person other than the Minister or an officer of the fe'it t ure for Bureau of Mines or a licensee interested in the property affected shall be entitled to raise any question of forfeiture except by leave of the Commissioner. Proceedings raising questions of forfeiture shall not be deemed to be or be entered as disputes under section 63. 8 Edw. VII. c. 21, s. 84 (2) ; 2 Geo. V. c. 8, s. 11. Forfeiture 85. (1) Where compliance with any of the require- hen 'relief ments mentioned in section 84 has been prevented by pend- ing proceedings, or incapacity from illness of the holder, or other good cause shown, the Commissioner within three months after default may upon such terms as he may deem just make an order relieving the person in default from the forfeiture or loss of rights, and upon compliance with the terms, if any, so imposed, the interest or rights forfeited maybe granted 39 or lost shall revest in the person so relieved, but as a term of such order in the case mentioned in clause (a) of sub- section (1) of section 84 the holder of the claim shall obtain a special renewal license, which shall be so marked and which shall be issued only on payment of twice the prescribed license fee, and in the case mentioned in clause (rf) of the said subsection the holder shall file a proper report and pay therewith a special fee of $25. (2) The Recorder, upon any forfeiture or abandonment JJJSSturL. of or loss of rights in a mining claim, shall forthwith enter a note thereof, with the date of entry, upon the record of the claim, and mark the record of the claim "Cancelled," and shall forthwith post up in his office a notice of cancella- tion. 4 Geo. V. c. 14, s. 4. (3) Forfeiture or loss of rights under section 84 arising Forfeiture on or after the 4th day of August, 1914, shall be avoided if where faii- , iiiin p i i ure to cora- the recorded holder 01 an interest in a mining claim has en-piy with listed for active service at home or overseas against the King's due to n enemies. The relief hereby granted shall extend to the i s t enll * tment - day of January, 1916, and so long thereafter as the Lieuten- ant-Govern or in Council may direct. 5 Geo. V. c. 18, s. 4- 86. The Lieutenant-Governor in Council, upon the recom- Relief mendation of the Minister, and the report of the Co mm is- fixture sioner, may upon such terms, if any, as to compensation ant L Gov- en ' in respect of any intervening right or otherwise as he may deem just, relieve against any forfeiture or loss of rights under section 84 which he deems to be a hardship and re-vest the forfeited right or interest in the person who would but for the forfeiture have been entitled thereto. 8 Edw. VII. c. 21, s. 86. (As amended by 4 Geo. V. c. 14, s. 5.) 87. In the case of joint holders where the interest of a J^ holder has ceased by reason of the expiration of his license. ->n expiry of such interest shall, if the Minister so directs, pass to and vest h in the other holders in proportion to their interests in the claim. 8 Edw. VII. c. 21, s. 87. 88. Where a licensee in whose name a mining claim hn.-* Death of been staked out dies before the claim is recorded, and when befor S e ee the holder of a claim dies before issue of a patent for t claim, no other person shall, without leave of the Commis- forepatent sioner, be entitled to stake out or record a mining claim upon any part of the same lands or to acquire any right, privilege or interest in respect thereof within twelve months after ihe death of such licensee or holder, and the Commissioner may within such twelve months make such order as may seem just 40 for vesting the claim in the representatives of such holder notwithstanding any lapse, abandonment, cancellation, for- feiture or loss of rights under any provision of this Act. 8 Edw. VII. c. 21, s. 88. INSPECTION OF CLAIMS- sioner. Re- corder or inspector, re-inspec- (1) The Commissioner or the Kecorder may inspect O r order an inspection of and an Inspector or other officer . , , . r _ . . . . . . appointed by the Minister may inspect a mining claim at any time with or without notice to the holder for the purpose of ascertaining whether the provisions of this Act have been com- plied with, but after the granting of the Certificate of Record no such inspection shall, except by order of the Commissioner, be made for the purpose of ascertaining whether a discovery of valuable mineral in place has been made or whether the claim has been staked out in the prescribed manner. ^^ Unless notice of the inspection has been given to the holder of the claim at least seven clear days prior thereto, either personally or by registered letter addressed to him at his address appearing on record in the Recorder's books, he may apply to the Commissioner or to the Recorder for a re-inspection and the same shall be granted if it appears that the holder of the claim has been prejudiced by the want of notice. view or in- (3) The Commissioner or Recorder may in any dispute, disputes, ap- appeal or other proceeding before him make or order with or peais. etc. w ithout notice a view or inspection of any mining claim or of any lands or other property. 8 Edw. VII. c. 21, s. 89. 9O. (1) Every Special Mining Division and every other < r\ . ' i i T , t ^ f\ -, part of Ontario which may be so designated by Order in Council published in the Ontario Gazette shall constitute and be known as a "Complete Inspection Area." ( 2 ) A Certificate of Record of the staking out of a min- ing claim in a Complete Inspection Area shall not be granted J the Recorder until the alleged discovery of valuable min- era j U p 0n w hich the application for the claim is based has been inspected and finally allowed. (3) Upon a special application in writing the Recorder may direct immediate inspection of the discovery. . (^ Upon the establishment of a new Complete Inspec- tion Area or upon the addition of territory to a Complete Inspection Area, all uninspected claims then existing there- in shall be subject to the provisions of this section. "Complete Inspection Area." granted discovery aiiowed. immediate inspection. 41 (5) The limits of any Complete Inspection Area may by $ Order in Council published in the Ontario Gazette be altered or the whole or any part thereof withdrawn from the opera- tion of this section. (6) An Order in Council under this section shall effect from the date of the first publication thereof in the council Ontario Gazette. 8 Edw. VII. c. 21, s. 90. 91. (1) A report of each inspection except when merely for the purpose of a dispute, appeal or other proceed- reportof ing shall be made in writing by the inspecting officer and Inspec shall be filed in the office of the Recorder, who shall forth- with enter upon the record of the claim a note stating the effect of the report and the date of the entry. (2) If the Recorder deems that upon the report the claim JJ^f" 11 ^ should be cancelled he shall mark the record of the claim report. "Cancelled" and affix his signature or initials and shall by registered letter mailed not later than the next day notify the holder of the claim and the disputant and other interested parties, if any, of the receipt and effect of the report, and where the claim is cancelled in consequence of the report the notice shall so state. (3) An appeal from the cancellation of the claim or from Appeal from the entry by the Recorder in his record book of the Callow- or allowance ance of the discovery may be taken to the Commissioner by mVsioner." 1 " the holder of the claim or by the disputant or other interested party, within the time and in the manner provided by sec- tion 133. (4) Upon the cancellation of a claim under this section Effect of the Recorder shall forthwith post up in his office a notice of cancellatlon - the cancellation, and the land or mining rights comprised in such claim shall thereupon, unless withdrawn from pros- pecting and staking out, be again open to prospecting and staking out, but such staking out shall be subject to the result of any appeal by a licensee whose claim has been can- celled. 8 Edw. VII. c. 21, s. 91. 92. After a discovery has been inspected and allowed as when ais- a discovery of valuable mineral in place, and the allowance beseemed entered by the Recorder upon the record of the claim, it conclusive shall upon the expiration of the time for appeal from the report of inspection or upon the final allowance thereof upon appeal be deemed conclusively to be a discovery of valuable mineral in place, and the sufficiency of such discovery shall not thereafter be called in question in any cause, matter or proceeding in any Court or under this Act. 8 Edw. VII. c. 21, s. 92. 42 Right of holder to copy of report. 93. The holder of a mining claim or the disputant or other person interested shall be entitled on payment of the prescribed fee to receive from the Recorder a certified copy of any report of inspection of the claim filed with him. 8 Edw. VII. c. 21, s. 93. Right to obtain WORKING PERMITS. 94. (1) A licensee may obtain a working permit giving m?t oii n ftek-" ki m > for the purpose of prospecting for minerals, the exclus- ing out area, ive possession of an area of land open to prospecting and staking out, such area being of the form and acreage pre- scribed for a mining claim, by proceeding in the following manner : (a) By staking the corners and marking the boundar- ies of such area and placing numbers and par- ticulars upon the posts in the same manner as far as possible as is provided in section 54 in respect to mining claims, omitting only what is provided in respect of discovery and the dis- covery post, but the words "working permit ap- plied for " shall be written or placed on No. 1 post and each post shall be notched with three rings of notches not less than % inch deep and not less than 2 inches apart, beginning about 2 inches from the top of the post. (fc) By furnishing to the Recorder within 15 days after the staking out an application in duplicate (Form 19), together with a map or plan, in duplicate, indicating generally and as definitely as possible the location of the area by reference to some ascertained boundary or locality, to- gether with an affidavit (Form 20), stating the name of the licensee on whose behalf the appli- cation is made, and the letter and number of his license, the locality of the area as indi- cated by some general description and state- ment, and such other information as will enable the Recorder to lay down the area on his office map, and the time when the area was staked out, that at the time the area was staked out there was nothing on it to indicate that it was not open to be staked out for a working permit, that the deponent knows of no reason why the working permit should not be granted and that he verily believes the applicant is entitled under the provi- sions of this Act to make the application. Where the area is situated more than ten miles in a straight line from the office of the Kecorder, an additional day shall be allowed for furnishing the application for each additional ten miles or fraction thereof. (c) By procuring from the Recorder a certificate of the application (Form 21) and securely affixing the same to No. 1 post within three days after the granting of the certificate, and where the area is more than ten miles in a straight line from the office of the Recorder an additional day shall be allowed for each additional ten miles or fraction thereof. (d) By paying or securing to the owner of the surface rights in the case of land the surface rights of which have been theretofore granted, sold, leased or located, compensation for the injury or dam- age arising from the prospecting of such land, as prescribed by section 104. (2) Upon compliance with the provisions of subsection (1 ) when work- and payment ol' tU- prescribed fee, the applicant shall, after {uEyiMva. sixty days and within seventy days from the staking out of the area, procure from the Recorder a working permit (Form 22), which shall be for a period of six months from the date of its issue. Provided that in case the granting of a working Provlao permit is prevented by the recording of a mining claim after the property was staked out for the working permit or by any pending dispute or by failure of the applicant after reasonable diligence to arrange with the owner of any surface rights as to the compensation the Recorder or the Commis- sioner may, notwithstanding the lapse of the seventy days, order the granting of the working permit. 8 Edw. VII. c. 21, s. 94. 95. The Recorder shall post up in his office a notice p t mg (Form 23) of every application for a working permit. S application. Edw. VIT. c. 21, s. 95. 96. A licensee shall not apply for or hold in any license Number of year more than three working permits in any one mining ^["""j^y division, or in territory not comprised in any mining be granted, division. 8 Edw. VTT. c. 21, s. 96. 4 MA 44 Application of other provisions as to min- ing: claims. Jthe?* * ^' Until a working permit has been granted, and a licensees. notice thereof (Form 24) has been affixed to No. 1 post, the area included in the application shall be subject to prospect- ing and staking out as a mining claim by any licensee, but thereafter during the continuance of the working permit or the renewal thereof, if any, the holder thereof shall have the exclusive right to prospect and stake out on such area. Provided that at any time after the expiration of 60 days from the staking out where it seems just the Commissioner or the Recorder may order that the area shall not be open to prospecting or staking out until the working permit applica- tion has been disposed of, and such order shall be effective as soon as a duplicate or certified copy thereof is affixed to the No. 1 post. 8 Edw. VII. c. 21, s. 97. 98. Except as otherwise expressly provided, a licensee staking out an area of land for a working permit shall in all respects be subject to the same restrictions and conditions as to prospecting and staking out as are applicable to a licensee prospecting and staking out a mining claim, and without limiting the general application of this section, sections 34, 36 to 41, subsection 3 of section 42, sections 44 to 52, 57, 58, 60 to 63, 69 to 77 and 79 to 89, so far as they can be made applicable, and modified so far as may be necessary, shall apply to an application for a working permit and to a work- ing permit when granted. 8 Edw. VII. c. 21, s. 98. working 99. Commencing not later than the expiration of two conditions , .. . . , . . r L , , , , ,, of working weeks after the granting of a working permit, the holder shall perform upon the area described in the working permit work consisting of searching for minerals by sinking shafts or pits, digging trenches, making cross-cuts, boring by diamond or other drill, or other bona fide operations of a like kind to the extent of five days of eight hours per day in each week. Provided that he may perform such work during a lesser period than six months, but so that the amount of work per- formed shall not at any time be less than that herein pre- scribed. But no work shall be required to be done between the 16th of November and the 15th of April, both days in- clusive. 8 Edw. VII. c. 21, s. 99 ; 2 Geo. V. c. 8, s. 13. Nowork donebl- tween i6th April. Transfer of 10O. A working permit may be transferred (Form 25), permit. 5 and upon the transfer being recorded the transferee shall be entitled to the unexpired term of the working permit and any right of renewal thereof. 8 Edw. VII. c. 21, s. 100. Ripht to renewal of permit. 5 permit who has complied with the requirements of this Act 1O1. The Recorder may grant to the holder of a working 45 one renewal thereof (Form 26), for a period of six months, but the renewal shall be subject to the same requirements as to work to be performed and otherwise as the original work- ing permit. 8 Edw. VII. c. 21, s. 101. 102. If the holder of a working permit makes a dis- staking out ,,,,,.,.., . . , , claim on cover j of valuable mineral in place upon the area of land working included therein he may stake out and record a mining claim per thereon and the necessary variations may be made in the ap- plication for the recording of .the claim and in the affidavit to be filed therewith. 8 Edw. VII. c. 21, s. 102. 103. The decision or order of the Commissioner in re- Decisions spect of a working permit or of an application therefor or si^ner'tot* as to any right or interest thereunder or affected thereby shall flnah be final and shall not be subject to appeal. 8 Edw. VII. c. 21, s. 103. SURFACE EIGHTS COMPENSATION. 104. (1) Where the surface rights of land have been Right of granted, sold, leased, or located, or where land is occupiedsurfa.ee by a person who has made improvements thereon which in ^cSJlnsa- the opinion of the Minister entitle him to compensation, a tlon - licensee who prospects for mineral, or stakes out a mining claim or an area of land for a working permit or a boring permit, or carries on mining operations, upon such land, shall compensate the owner, lessee, locatee, or occupant, for all injury or damage which is or may be caused to the surface rights by such prospecting, staking out or operations, and in default of agreement the amount and the manner and time' of payment of compensation shall be determined by the Com- missioner upon application to him after notice to the persons interested, and, subject where the amount awarded exceeds $1,000 to appeal to a Divisional Court, his order shall be final and may be enforced as provided in section 132 of this Act. 8 Edw. VII. c. 21, s. 104. (2) The Commissioner may order the giving of security prohibiting for payment of the compensation and may prohibit, pending ^nding the determination of the proceeding or until the compensation settlement is paid or secured, further prospecting, staking out or work- ing by such licensee or any person claiming under him. (3) Where an order is made prohibiting the prospecting, other llcen ^ staking out or working of a mining claim under the provisions sees not to of subsection 2, no other licensee shall have the right to pros- etc.?plnding pect or stake out a mining claim to the prejudice of the pro- pro hibited licensee while the proceeding is pending. 46 (4) The compensation shall be a special lien upon any mining claim or other right or interest acquired by the licensee or any person claiming under him in the lands so prospected, staked out or worked, and no further prospecting, staking out or working, except by leave of the Commissioner, shall be done by the licensee or any person claiming under him after the time fixed for the payment or securing of the compensation, unless such compensation has been paid or secured as directed. 8 Edw. VII. c. 21, s. 104. Reduction 1O5. The Commissioner or the Recorder may reduce the 1 ciaim'where area of any mining claim staked out where the surface rights rights have have been granted, sold,, leased or located, if in his opinion* been sold. an areR | egg fa &n ^ p rescr ib e cl area is sufficient for working the mines and minerals ' . r . .. . , n i -11 surveyed veyed territory is issued the claim shall be surveyed by an tefore patent Ontario Land Surveyor at the expense of the applicant who shall furnish to the Recorder with his application the sur- veyor's plan in duplicate, field notes and description showing a survey in conformity with this Act and to the satisfaction of the Minister. (2) In surveying a mining claim in unsurveyed territory the surveyor shall run the boundaries of the claim, by run- ning straight lines, from No. 1 post at the northeast angle of the claim to No. 2 post at the southeast angle thereof, from No. 2 post to No. 3 post at the southwest angle thereof, and from No. 3 post to No. 4 post at the northwest angle thereof, and from No. 4 post to No. 1 post. Marking boundaries. Surveyors' posts on claims. Connection of survey with other points. Duty of surveyor. (3) The surveyor shall mark out the side lines on the ground by blazing the adjacent trees distinctly on three sides, one blaze on each side in the direction of the line and one on that side by which it passes. 8 Edw. VII. c. 21, s. 113 (1-3). (4) He shall plant at each angle of the claim an iron post with the recorded number and letter or letters, if any, of the claim permanently marked thereon, and at or near each iron post shall also plant a large wooden guide post marked with such number and letter or letters. 2 Geo. V. c. 8, s. 15. (5) He shall in his discretion connect such survey with some known point in a previous survey or with some other known point or boundary so that the claim may be laid down on the office maps in the Department. 8 Edw. VII. c. 21, s. 113 (5). (6) No such survey, except as herein provided, shall be made within a distance of fifteen miles in a straight line from the Recorder's office without the written consent or direction of the Recorder or of the Commissioner or the Minister or Deputy Minister, and it shall be the duty of the surveyor before proceeding with the survey to examine the application and sketch or plan of the claim or certified copies thereof and before completing or filing his survey to ascertain by careful examination of the ground and by all other reasonable means in his power whether or not any other subsisting claim con- flicts with the claim he is surveying, and no survey shall be accepted unless accompanied by a certificate signed by the surveyor in the following form : 49 I hereby certify that I have carefully examined the ground in- Form of eluded in mining claim No , surveyed by me, and have otherwise made all reasonable investigations in my power to ascer- tain if there was any other subsisting claim conflicting therewith, and I certify that I have found no trace or indication and have no knowledge or information of any such claim except as follows: (if none so state, if any give particulars.) (7) A surveyor who surveys a claim without the writ ten Penalty for consent or direction mentioned in subsection 6 shall be guilty of surveyor, of an offence against this Act and shall incur a penalty not exceeding $50. Provided that where a claim is fifteen miles or more in a proviso ' straight line from the Recorder's office, and the consent or direction mentioned in subsection (6) has not been refused, the surveyor may nevertheless survey the claim, but before signing the certificate mentioned in subsection (6) he shall in all other ways proceed as set out in that subsection, and shall, along with his survey, file with the Recorder a sworn statement setting forth the circumstances under which the survey was made without the consent or direction aforesaid. 2 Geo. V. c. 8, s. 16. 114. Where upon an application for a patent of a mining Minister may claim in surveyed territory the Minister is of opinion that a oTciaimTn* survey is necessary he may direct that a survey thereof shall JJJ^jJ. be made at the expense of the applicant and such survey unless otherwise ordered shall comply with the same require- ments as a survey of a mining claim in unsurveyed territory. 8 Edw. VII. c. 21, s. 114. 115. The surveyor immediately after the completion of Surveyor to f . . i . j i_ ! i_ 11 j i forward cer- every survey of a mining claim made by him shall deliver or tmed copy of forward by registered post to the Miniser by his official title Minister. a certified copy of the plan and of his field notes and a description of the claim. 8 Edw. VII. c. 21, s. 115. 116. (1) If it is found upon a survey required orReductionof authorized by this Act that the area of a mining claim ex found 'to* 1 ceeds the prescribed acreage the Minister may direct the issue Bribed 1 *' of a patent for a portion thereof not exceeding the prescribed acreage, acreage. (2) The reduction in unsurveyed territory shall, where Manner in practicable, be made as follows : Keeping No. 1 post as northeast corner and taking the straight line joining No. and No. 2 posts, or if that line exceeds 20 chains in length the northerly 20 chains of it, as the eastern boundary ; keep- ing the southern and western boundaries respectively parallel 50 to or coinciding with the straight lines joining No. 2 and No. 3 and No. 4 posts, but shortening each of these boundaries to 20 chains where it exceeds that length, and in the case of a mining claim in a Special Mining Division shortening the southern boundary to 10 chains where it exceeds 10 chains; and in each case connecting the northwest corner so estab- lished with No. 1 post for the northern boundary. 8 Edw. VII. c. 21, s. 116. Placer min- ing claims. PART III. PLACER MINING. 117. A licensee, who makes a discovery of a natural stratum, bed or deposit of sand, earth, clay, gravel or cement carrying gold, or platinum, or precious stones, which is prob- ably of such size and character as to be likely to be work- able at a profit may stake out and record a mining claim, to be called a " Placer Mining Claim," thereon, and the provisions of this Act, as to the staking out and recording of a mining claim upon the discovery of valuable mineral in place thereon, shall 'as far as practicable apply to the staking out of a placer mining claim as if the words " a natural stratum, bed or deposit of sand, earth, clay, gravel or cement, carrying gold or platinum, or precious stones, which is probably of such a size and character as to be likely to be workable at a profit," were used instead of "valuable mineral in place," and the other provisions of this Act as to mining claims shall also, as far as practicable, apply to a " Placer Mining Claim," and " mining claim " wherever used in this Act shall, unless re- pugnant to the context, be read as including placer mining claim. 8 Edw. VII. c. 21, s. 117. Staking out claims to limestone, marble, etc. What land excluded. PART IV. QUARRY CLAIMS. 118. (1) Where not situated within a Complete Inspec- tion Area or within a Special Mining Division, Crown lands containing any natural bed, stratum or deposit of limestone, marble, clay, marl, peat, building stone, sand or gravel, may be staked out and recorded as a mining claim, to be called a " Quarry Claim," upon proof being furnished to the satis- faction of the Recorder that such bed, stratum, or deposit is of a size and character to be workable for any one or more of such substances, but all valuable minerals shall be reserved therefrom. (2) No such staking out shall be done on any land located, sold or patented under The Public Lands Act, and such substances, unless expressly reserved, shall be deemed to have been conveyed by any patent heretofore or hereafter issued under any of the said Acts ; provided that this section 51 shall not affect any rights heretofore acquired in any such substances or the lands containing the same, nor shall any such staking out be done on any land at the time "(a) Under staking of record, as a mining claim which has not lapsed or been abandoned, cancelled or forfeited; "(&) Under a subsisting working permit; or "(c) Withdrawn by any Act, Order in Council, or other i" ctent authority from prospecting, location or sale, or declared by any such authority to be not open to prospecting, staking out or sale as mining claims." (3) A quarry claim shall not interfere with the right of a Effector licensee to stake out a mining claim on the land embraced c!aim. y in the quarry claim, and as against such licensee the holder o a quarry claim shall have the same and no greater rights than if he were the owner of the surface rights and the quarry claim was a claim in respect of mineral rights. (4) Except as provided in subsection (3) the rights and Rights and duties of the holder of a quarry claim shall be the same a.> Bolder. those of the holder of a mining claim, and all the provision? of this Act as to mining claims shall, except where inappro- priate, apply to quarry claims. 8 Edw. VII. c. 21, s. 118. PART V. PETROLEUM, GAS, COAL, AND SALT. 119. (1) A licensee may obtain from the Minister a Boring per- boring permit (Form 28), granting him the exclusive right, for a period of one year to prospect for petroleum, natural ^j. 1 ', gas, coal, or salt upon an area of land open for prospecting and staking out in those portions of the Province lying north and west of the River Mattawan, Lake Nipissing, and the French River, by: (a) Staking out or having another licensee stake out on staking out his behalf and in his name such area by planting or erecting a post at each corner thereof in the manner and with the numbering provided by sec- tion 54, and writing or placing upon each post the words " Boring permit applied for," with his name and the letter and number of his license, and where the staking out is done by another licensee also the name of such licensee and the letter and number of his license ; the date of the staking out and a statement of the area to be in- cluded in the application; (&) Furnishing to the Recorder an application in dupli-, cate (Form 29), verified by an affidavit (Form 10 30), within fifteen days after the staking out ; 52 (c) Forwarding to the Minister not more than ninety days thereafter a plan or a diagram showing as nearly as possible the situation of the lands, and a written description of the same, including, if the area is in surveyed territory, the number of the lots and concessions or sections or quarter- sections or other subdivisions, together with a fee of $100 ; and SonTo 6 owner ^ Proving to the satisfaction of the Minister that he of surface has paid or secured to the owner of the surface rights, if any, the compensation agreed upon or determined as provided in section 104 for any injury or damage which is or may be caused to the surface rights, or, in default of agreement, that he has paid or secured such compensation, as determined in the manner provided, by section 104. SSiSrtioiiB ^ ^ ne duplicate f tne application shall be forthwith posted up by the Recorder in his office and the other for- warded by him to the Minister.. Shallowed ( 3 ) If tte area stak ed out is more than ten miles 'from the on account office of the Recorder, one additional day for every additional of distance. , ., ,. . , ,. , ,, , v, i - - i ten miles or traction thereof shall be allowed for furnishing the application to the Recorder. Form of area (4) The area of land included in a boring permit, if in eluded in iiiisurveyed territory, shall be rectangular in form and shall not exceed six hundred and forty acres in extent, the boundary lines thereof being due north and south and due east and west astronomically, and if in surveyed territory need not be rectangular in form, but may consist of any number of con- tiguous lots, quarter-sections or subdivisions of a section not containing in all more than six hundred and forty acres. conations ( 5 } ^^ e Bolder f a boring permit shall enter upon the area described therein within two months from the granting of the permit, and during the term of the permit shall expend thereon in actual boring, sinking, driving or otherwise search- ing for petroleum, natural gas, coal, or salt a sum amounting to not less than two dollars per acre. permit? 1 * ( 6 ) Upon proof being furnished to the Minister that such expenditure has been made and that all other terms and con- ditions of the permit have been complied with, the Minister, at the expiration of the boring permit, may grant one renewal of the same for one year upon payment of a fee of $100, and the renewal shall be subject to the like conditions as to expen- diture and otherwise as the original permit. 53 (7) The holder of a boring permit may, with the consent Transfer or of the Minister endorsed thereon, transfer (Form 31) all his rights in the permit or the lands included therein, and upon the consent being given the licensee to whom the permit is transferred shall thereupon be entitled to the unexpired term of the permit, with any right of renewal thereof. 8 Edw. VII. c. 21, s. 119. 120. (1) Upon the holder of a boring permit proving to*^ 86 o may the satisfaction of the Minister that he has discovered petro- discovery, leum, natural gas, coal or salt, or any one or more of such sub- stances in commercial quantities upon the land included therein, the Minister may direct the issue to the holder of the permit of a lease of the land or any portion of it for a term of ten years at an annual rental of one dollar per acre, payable in advance, and subject to the expenditure of not less than two dollars per acre per annum, in obtaining petroleum, natural gas, coal or salt, or any one or more of such sub- stances therefrom, or in actual bona fide operations or works undertaken or made for the purpose of obtaining the same. The lessee shall have the right of renewal of such lease at the Renewal, expiration of the first term of ten years for a further term of ten years at the same rental, and at the expiration of the second term for a term of twenty years at such renewal rental as may then be agreed upon or provided by statute or regulations. (2) Every such lease shall contain such other conditions. Regulations stipulations and provisoes as the Lieutenant-Governor in Council may prescribe, and shall be forfeited and void if the rental payable thereunder is not paid when due, or upon failure to expend the money required by subsection (1) to be laid out or upon failure to comply with any of the term? and conditions of the lease. Provided that relief from for- pr vl s feiture for failure to pay rent when due may be had by the payment of all arrears within ninety days after the same be- came payable. (3) The right conferred by any such lease upon the lessee Rights of shall be to enter upon the land described, and to dig, bore, lea sink, drive or otherwise search for and obtain, raise and re- move, petroleum, natural gas, coal and salt, or any one or more of such substances. All other valuable minerals shall be reserved to the Crown, and any holder of a Miner's License may at all times go upon the said land and prospect thf other same and stake out a mining claim thereon, but subject to ' compensating the lessee for any injury or damage to his in- terest in the land at the time and in the manner provided 54 in section 104, and may obtain a patent therefor, but such patent shall reserve the petroleum, natural gas, coal and salt, in, on, or under such land. in (^) ^ suc ^ l ease shall issue for land in unsurveyed ter- unsurveyed ritory until a plan in triplicate made by an Ontario Land Sur- ry ' veyor, field notes and description, shall be filed in the Depart- ment, showing a survey in conformity with this Act, and to the satisfaction of the Minister. Tjmber^tobe (5) The holder of a Boring Permit or of a lease for petro- leum, natural gas, coal or salt, shall not be entitled to the timber upon the land included in such permit or lease, but if the same are not covered by timber license and have not been located, sold or patented under The Public Lands Act, may, with the permission of the Minister, and upon payment of such rates as may be fixed, cut and use such timber or trees as may be necessary for boring and working the said land. S Edw. VII. c. 21, s. 120. PART VI DREDGING LEASES. Sons as c ^21. (1) The Lieutenant-Governor in Council may dredging make regulations respecting the issue of leases authorizing the holders thereof to dredge in any river, stream or lake, in, on or flowing through Crown lands, or the bed of which be- longs to the Crown, for the purpose of recovering any valu- able mineral -therefrom, and every Order in Council made under this section shall take effect from the date of the first publication thereof in the Ontario Gazette. be r hlciudld to ( 2 ) Ev ery such lease shall provide for the payment in in dredging advance of an annual rental of not less than twenty dollars per mile in length of any such river, stream or lake, and shall not be for a greater term than ten years, renewable at the expiration thereof for a further term of not more than ten years, and shall contain such provisions as may be required by the Lieutenant-Governor in Council for protecting all other public interests in such river, stream or lake, including the driving of logs and timber, and navigation. 8 Edw. VII. c. 21, s. 121. PART VII. MINING PARTNERSHIPS. Snhlg 18 122. (1) Two or more persons, each being at least 18 partnerships, years of age, or one or more of such persons and a company may form a partnership herein called a " Mining Partner- ship " for the purpose of prospecting for minerals and acquir- 55 ing mining claims or any other right or interest under the provisions of this Act, and the performance of working con- ditions and doing work on a mining claim or any other act or thing which may be lawfully done before the issue of a patent for the claim, by signing personally or by attorney duly authorized in writing annexed thereto, a certificate (Form 32), setting forth: (a) The name, address and occupation of each of partners ; (&) The partnership name; (c) The total number of shares in the partnership; (d) The number of shares owned by each partner ; (e) The date of the commencement of the partnership and.the date on which it is to terminate; and (/) The name, address and occupation of some person residing in Ontario or of a company having its head office in Ontario authorized, and in writing annexed to or forming part of the certificate con- senting to act as agent of the partnership. (2) A mining partnership may be recorded by filing with Recording any Recorder a certificate in accordance with subsection (1) * >artner8hI P or a copy thereof certified by a Recorder to be a true copy of a certificate recorded in his office and on payment of the pre- scribed fee. (3) After being recorded a mining partnership shall be Right entitled to a miner's license. (4) A contract entered into in writing on behalf of a min- Contracts by ing partnership by the recorded agent thereof shall be bind- SenTto be ing upon the partnership. binding. (5) The member or members of a mining partnership Revocation owning a majority of the shares may revoke the appointment of tgent rlt of the agent (Form 33), but the revocation shall not take effect until a certificate (Form 34), signed by such member or members substituting another qualified agent who in writ- ing annexed to or forming part of such certificate consents to act as agent for the partnership has been filed in all the offices in which the partnership is recorded. Transfer of mining ship. Filing sh1i"e (^) ^ ^ e recor ded agent of a mining partnership die.-, the member or members owning a majority of the shares may, by signing a certificate (Form 34), appoint another qualified agent who, in writing annexed to or forming part of the certificate, consents to act as agent for the partnership, but such appointment shall not take effect until recorded in all the offices in which the partnership is recorded. (7) A share in a mining partnership shall be deemed to be personal estate and may be transferred to any person, min- .^ partnership or company authorized to hold shares in a mining partnership by the owner thereof or by his executor or administrator or by the assignee for the benefit of the creditors of the owner or by a sheriff or bailiff in due course of law by signing and filing with the Recorder a transfer thereof. (Form 35). (8) A person to whom a share is transferred or to whom it passes by operation of law or otherwise, upon filing in every office in which the partnership is recorded the instru- ment of transfer or will or letters of administration or other instrument under which the share passes or a certified or sworn copy thereof, shall become a member of the partner- ship. Dissolution ship. ar " agent. (9) A mining partnership may be dissolved before the expiration of the time fixed by the certificate of partnership by filing in all the offices in which the partnership is recorded a certificate of dissolution (Form 36), signed by all the mem- bers or their attorneys duly authorized in writing annexed to Not to be dis- the certificate, but a mining partnership shall not be dissolved death. by the death of any member. Dissolution (10) Unless the certificate of dissolution otherwise pro- authorityo? vides the dissolution of a mining partnership shall not con- stitute a revocation of the authority of the recorded agent of the partnership, but thereafter the agent instead of being the agent of the partnership shall be the agent of the individual members or their legal representatives, as the case may be, and may bind the interest of the individual partners or their legal representatives in selling, mortgaging or otherwise deal- ing with and transferring in the partnership name the prop- erty of the partnership until the affairs of the partnership are finally wound up. Agent not (11) Nothing in this section shall relieve a recorded agent relieved from . v ,'. ,.,. . & . . . , .. . & . liability for from liability for any breach of duty committed by him in wilfully disobeying the instructions given to him by the- owners of a majority of the shares. 8 Edw. VII. c. 21, s. 122. . 57 PART VIII. PROCEEDINGS BEFORE COMMIS- SIONER AND RECORDER. POWERS OF COMMISSIONER. 123. (1) Except as provided by sections 182 and 183, rights and no action shall lie nor shall any other proceedings be taken in disputes to any Court as to any matter or thing upon which before themintlnby issue of the patent any right, privilege or interest conferred S 18 ~ by or under the authority of this Act depends, but save as in this Act otherwise provided, every claim, question and dis- pute in respect to such matter or thing, shall be determined by the Commissioner, and in the exercise of the power con- ferred by this section the Commissioner may make such order and give such directions as he may deem necessary for mak- ing effectual and enforcing compliance with his decision. (2) Without limiting the general powers conferred by next preceding subsection, it is declared that the Commis-by sioner shall have jurisdiction and power to hear and deter- mine all claims, questions and disputes arising before patent between contesting claimants or between the Crown and a claimant : (a) For or in respect to any unpatented mining claim, quarry claim, mining lands or mining rights or any right, title or interest therein; (b) As to the existence, validity or forfeiture of any unpatented mining claim, quarry claim, work- ing permit or boring permit, or application therefor, or of any right or privilege or interest which may before patent be acquired under the provisions of this Act; (c) As to the boundaries and extent of the lands or rights included in any unpatented mining claim, quarry claim, working permit or boring permit, or application therefor, or in any such other right, privilege or interest; (d) As to the right to possession* of or the right to enter or prospect upon or stake out any un- patented mining claim, quarry claim, mining lands or mining rights; (e) As to any right claimed under regulations made by the Lieutenant-Governor in Council under the authority of subsection (2) of section 187; 58 (/) As to whether and to what extent any unpatented mining claim or quarry claim or any working permit or boring permit or any other right, privilege or interest acquired by anyone under the provisions of this Act has before patent been, transferred to or become vested in any other person. 8 Edw. VII. c. 21, s. 123. Subpoenas and sum- monses to witnesses. Rev. Stat c. 18. Powers as referee. Rev. Stat. cc. 66, 65. 124. A subpoena may issue out of the Supreme Court or out of any County or District 'Court for the purpose of com- pelling the attendance of witnesses and production of docu- ments and things in any proceeding before the Commis^ sioner, and the Commissioner shall also have in respect to matters which may be dealt with by him under the pro- visions of this Act all the powers of summoning and enforc- ing the attendance of witnesses and compelling them to give evidence and produce documents and things which may be conferred upon Commissioners appointed under the authority of The Public Inquiries Act. 8 Edw. VII. c. 21, s. 124. 125. In the exercise of the jurisdiction and power con- ferred by this Act, the Commissioner shall have all the authority and power conferred upon an official referee by The Judicature Act or by The Arbitration Act. 8 Edw. VII. c. 21, s. 125. 126. In any matter or proceeding which may come be- fore him under this Act, the Commissioner may make an order restraining any of the parties from doing any act which in his opinion ought not to be done or ought not to be done pending the final determination of any question in- volved in such matter or proceeding. 8 Edw. VII. c. 21, s. 126. Preventing 127. The Commissioner shall also have all the powers which by The Public Lands Act are conferred on commis- sioners appointed under the authority of that Act. 8 Edw. VII. c. 21, s. 127. 128. Where in the opinion of the Court in which an ac ti n is brought, jor of a Judge thereof, the proceedings may be more conveniently dealt with or disposed of by the Commissioner, the Court or Judge may, upon the applica- tion of any party or otherwise, and at any stage of the pro- ceedings, refer the action or any question therein to the Commissioner as an Official Referee, on such terms as to the Court or Judge may seem just, and the Commissioner shall thereafter give directions for the continuance of the orpubic nds Referring to'cmn sioner. 59 proceedings before him, and subject to the order of refer- ence, all costs shall be in his discretion. 8 Edw. VII. c. 21, a. 128. 129. Where a proceeding is brought in any Court whi in should have been taken before the Commissioner, the Court from court TI i -i * i to Cominis- or Judge may upon the application of any party or other- sioner. wise, and at any stage of the proceeding, transfer it to the Commissioner, and thereafter it shall be deemed to be a proceeding before him under the provisions of this Act, and there shall be no appeal from the decision of the Commis- sioner except as provided by this Act. 8 Edw. VII. c. 21, s. 129. POWERS OF RECORDER. 130. (1) A Kecorder, as to lands situate in his Min- Concurrent T^.. . . v ' Ti i , jurisdiction ing Division, . shall have all the powers conferred on the of Recorder. Commissioner by sections 123 and 124. (2) Any question arising prior to the issue of a certificate when Re- ,. t e t i i- / -i corder to de- of record 01 a mining claim or the granting of a working cide matter permit as to whether the provisions of this Act regarding a^g^^e. mining claim, working permit application or working per- mit have been complied with, unless the Commissioner other- wise orders or unless the Recorder with the consent of the Commissioner transfers such question to the Commissioner for his decision, shall in the first instance be decided by the Recorder. (3) The Recorder shall forthwith enter in the books of Note ^f ^dect his office a full note of every decision made by him, and made by shall notify the persons affected thereby of such decision by 1 * 6 registered letter mailed not later than the next day after the entry of such note. (4) Every person affected by the decision shall be entitled certificate oi upon payment of the prescribed fee to receive from the Re- d corder a certificate thereof which shall contain the date of the entry of such decision in the books of the Recorder. (5) The decision of the Recorder shall be final and bind- ing unless appealed from as in this Act provided. 8 Edw. VIT. c. 21, s. 130. 131. (1) The Recorder may give directions for the Recorder. conduct and carrying on of the proceedings 'before him, andJJ^^^ in so doing he shall adopt the cheapest and most simple before him. methods and machinery for determining the questions raised before him. 5 MA Where no direction. Costs. (2) Where no such directions are given, the provisions relating to procedure before the 'Commissioner as far as the same may be applicable, shall apply. (3) The Kecorder shall not have power to award costs, but may in his discretion allow the fees and conduct money of witnesses and may direct by whom the same shall be paid. 8 Edw. VII. c. 21, s. 131. ENFOECEMENT OF OEDEES. Making Recorder a 132. A duplicate of any order made by the Commis- sioner or by a Kecorder may be filed in the office of the Clerk f Records and Writs or in the office of any Local Registrar or Deputy Clerk of the Crown of the Supreme 'Court or in the office of the Clerk of the County or District Court of the County or District in which the lands lie, and upon being so filed shall become an order of the Court in which it is filed and shall be enforceable as an order of such Court, but the Court or a Judge thereof may stay proceedings thereon if an appeal is brought from the order. 8 Edw. VII. c. 21, s. 132. APPEALS FEOM EECOEDER. Rig eai t from 133. (1) A person affected by the decision of, or by Recorder to any act or thing, whether ministerial or judicial, done, or slower 1 . 18 " refused or neglected to be done by the Eecorder, may appeal to the Commissioner, who shall decide the matter and make such order in the premises as he may deem just. Admission of (2) Upon an. appeal from the decision of the Recorder the dence e on Vl ~ Commissioner may require or admit new or additional evi- appeai. dence or may re-try the matter. Mode of appealing. (3) The appeal shall be by notice in writing filed in the office of the Recorder (Form 37), and served upon all parties adversely interested within fifteen days from the entry of the decision in the books of the Recorder, or within such further period not exceeding fifteen days as the Commissioner may allow. Provided that if notice of appeal has been -filed with the Recorder within the said time, and the Commissioner is satisfied that it is a proper case for appeal and that after reasonable effort any of the parties entitled to notice could not be served within such time, he may extend the time for appealing and make such order for substitutional or other service as he may deem just. Provided also that where 61 a person affected has not been notified as provided in sections 91 or 130 and appears to have suffered substantial injustice and has not been guilty of undue delay, the Commissioner may allow such person to appeal. (4) The notice of appeal shall contain or have endorsed Address for upon it an address for service at some place not more than o'lTnotice five miles distant from the Recorder's office, and any notice ' app* 81 - or document relating to the appeal shall be sufficiently served upon the appellant if left with a grown up person at such place, or if no such person can there be found then if mailed by registered post addressed to the appellant at the post office at or -nearest to such place. (5) If no address for service is given as provided in the Mode of next preceding subsection, any such notice or document m be served upon the appellant by posting up the same in the given - Recorder's office 8 Edw. VII. c. 21, s. 133. APPEAL TO MINISTER. 134. (1) An appeal shall lie from any decision of the Appeal to Commissioner in respect to any ministerial duty of the Re- corder to the Minister only, and the decision of the Minister shall be final and shall not be subject to appeal. (2) The appeal to the Minister shall be by notice in writ- Mode of ing filed with the Bureau of Mines and served upon every adverse party within fifteen days after the date of the de- cision of the Commissioner, or within such further time as may be allowed by the Minister. 8 Edw. VII. c. 21, s. 134. PROCEDURE BEFORE COMMISSIONER. 135. The words " The Mining Act of Ontario " shall be style of pro- written or printed on all notices and other documents in ce< every matter, application and appeal taken before the Com- missioner. 8 Edw. VII. c. 21, s. 135. 136. (1) An appointment shall be obtained from the obtaining Commissioner for the hearing of an appeal or of a dispute appointment mentioned in section 63 or of any claim, question or dispute cognizable by him. (2) In any matter or proceeding other than an appeal Material, the Commissioner may, if a Certificate of Record has been issued, require that the applicant shall satisfy him that there is reasonable ground for the application or may in any such case, or in any case where leave to take the proceeding is necessary, give the appointment or leave only upon such terms as to security for costs or otherwise as may seem just. Application (3) The appointment may be obtained upon a verbal or nnt PPO t- written application. poin e tment ( 4 ) ^- C( W ^ tn e appointment shall be served upon all parties concerned, and except in the case of an appeal or dispute under section 63, a notice (Form 38) stating shortly the nature and particulars of the right, question or dispute, shall also be served. 8 Edw. VII. c. 21, s. 136. 137. (1) The Commissioner may give directions for any matter or proceeding heard and decided without unnecessary formality, may order the filing, serving of statements, particulars, objections or answers, the production of documents and things, and the making of amendments, may give such other directions for the procedure and hear- ing as he may deem proper, and may make any appoint- ment, notice or other proceeding returnable forthwith or at such time as he may deem proper, and may order or allow such substituted or other service as in the circumstances may seem proper. ( 2 ) ^ n appointing the place of hearing, the Commissioner shall select the place that he may deem most convenient for the parties within the county or district or one of the counties or districts in which the lands or mining rights affected are situate, unless it appears to him desirable that the hearing should be ir, some other county or district. be e pro"feded ( 3 ) ^he hearing shall be proceeded with as promptly as with possible, having regard to the interests of the parties con- cemed. Taking ridence. (4) The Commissioner may take or order the evidence of any witness to be taken at any place within or without Ontario. interlocutory (5) The Commissioner may hear and dispose of any ap- appitcations. pjj ca ^j on no {. i nvo lving the final determination of the matter or proceeding at any place he may deem convenient, and his decision upon any such application shall be final and shall not be subject to appeal. 8 Edw. VII. c. 21, s. 137. 63 138. The Commissioner may obtain the assistance engineers, surveyors, or other scientific persons, who under his order view and examine the property in question, and in giving his decision he may give such weight to their opinion or report as he may deem proper. 8 Edw. VII. c. 21, s. 138. 139. (1) The Commissioner, in addition to hearing evidence adduced by the parties, may require and receive can for evi- . , J . J . dence, or such other evidence as he may deem proper, and may view proceed o and examine the property in question and give his decision vlew " upon such evidence or view and examination, or may appoint a person to make an inspection of the property, and may receive as evidence and act upon the report of the person so appointed. (2) Where the Commissioner proceeds partly on a or on any special knowledge or skill possessed by himself, he special shall put in writing a statement of the same sufficiently full to enable a judgment to be formed of the weight which should be given thereto. (3) When the parties consent in writing, the Commis- Commi- sioner may proceed wholly upon a view, and in such case his ceedig pr ' decision shall be final and shall not be subject to appeal. ^ew ly n 8 Edw. VII. c. 21, s. 139. 140. The Commissioner shall give his decision upon thecommi- real merits and substantial justice of the case. 8 Edw. VII. iaton'to d be f 91 a 14ft u P n *** C. /i, S. 14rU. merit* 141. Where the Commissioner deems the matter or pro- securitr for ceeding vexatious, or where it is brought by a person resid- ing out of Ontario, he may order that such security for costs as he may deem proper be given and that in default of such security being given within the time limited or in default of speedy prosecution the matter or proceeding be dismissed. 8 Edw. VII. c. 21, s. 141. 142. Where the hearing is to take place at a place where Right to UM a court house is situate, the Commissioner shall have the court room - right to use the court room, and where the hearing is to take place in a municipality in which there is a hall belonging to the municipality but no court room, he shall have the right to use such hall. 8 Edw. VII. c. 21, s. 142. 64 Sheriffs, etc., 143. Sheriffs, deputy sheriffs, constables and other peace commis- officers shall aid, assist and obey the Commissioner in the exercise of the powers conferred on him by this Act, when- ever required so to do, and shall upon the certificate of the Commissioner be paid by the Treasurer of the County or District the same fees as for similar services in carrying out the orders of a Judge of the High Court Division. 8 Edw. VII. c. 21, s. 143. Sd n not 0t bl 144 - Tile evidence taken before the Commissioner need xtended. no ^ b e filed, or written out at length by the shorthand writer unless required by the Commissioner or by a party to the proceedings, and copies shall be furnished upon the same terms as in cases in the High Court Division. 8 Edw. VII. c. 21, s. 144. COSTS AND WITNESS FEES. Costa 145. The Commissioner may in his discretion award costs to any party, and may direct that such costs be taxed by the Clerk of the County or District Court or by a local taxing officer or by one of the taxing officers at Toronto, or may order that a lump sum be paid in lieu of taxed costs. 8 Edw. VII. c. 21, s. 145. scale of 146. (1) The costs and disbursements payable upon proceedings before the Commissioner, as to any matter in which the amount or value of the property in question does not in the opinion of the Commissioner exceed $400, shall be according to the tariff of the County Court, and as to any matter in which the amount or value of the property in ques- tion in his opinion exceeds $400, shall be according to the tariff of the Supreme Court. Commis- (2) The Commissioner shall in his order or award direct ide as to according to which tariff the costs and disbursements shall scale - be taxed. Counsel fees. (3) The Commissioner shall have the same powers as a Judge of a County Court or a taxing officer of the Supreme Court with respect to counsel fees. 8 Edw. VII. c. 21, s. 146. witness fees 147. The fees and conduct money to be paid to a witness and conduct , /. , ~ . _ -i -MI money. Deiore the Commissioner or .Recorder shall be according to the County Court scale. 8 Edw. VII. c. 21, s. 147. 65 DECISIONS. 148. (l) Except where inapplicable, the decision of Decision to J.T- r\ i 11 i i r < , be in form tne Commissioner shall be in the iorm of an order or award, of order or but need not show upon its face that any proceeding or notice aw was had or given, or that any circumstance existed neces- sary to give jurisdiction to make such order or award. (2) The order or award of the Commissioner, with the Filing order evidence, exhibits, the statement, if any, of view or of r special knowledge or skill and the reasons for his decision if any are given, shall be filed in the Bureau of Mines, or in the Office of the Recorder, as may be directed by the Com- missioner, and the officer or person in charge of such office shall forthwith give notice in writing of the filing by regis- tered post or otherwise to the solicitors of the parties ap- pearing by solicitor and to the parties not represented by a solicitor. (3) Where the order or award is not filed with the Re- JJ*g corder of the Division in which the property affected is mitted to r * % . T>af*rkvAt*f situate the Commissioner shall transmit a duplicate to such Recorder. 8 Edw. VII. c. 21, s. 148. Recorder. 149. (1) The Commissioner shall make in the of his office a full note of every decision given by him. decision. (2) Where a decision of the Commissioner finally dis- Notice of poses of the matter in question so far as he is concerned he to twelves * shall give notice of the purport of such decision to the to par parties to the proceeding by registered letter addressed to them at their addresses as entered in his books. 8 Edw. VI T. c. 21, s. 149. 150. Any party to a proceeding shall be entitled on pa y-, parties to be ment of the prescribed fee to a certified copy of any order certified* or award made by the Commissioner, and the copy shall show the date of the entry of the order or award in the award - books of the Commissioner. 8 Edw. VII, c. 21, s. 150. * r APPEALS FROM COMMISSIONER. 151. Where not herein otherwise provided, an appeal Appeal to , ,, ,. -~. . . , ^ . i * i Divisional shall he to a Divisional Court from every decision of the court Commissioner, including an order dismissing a matter or proceeding under the provisions of section 141. 8 Edw. VII. c. 21, s. 151, part. appealing 152.- (l)Except in the case provided for by section 128, and in the case of a reference under The Arbitration Act, the order or award of the Commissioner shall be final and conclusive unless where an appeal lies it is appealed from within fifteen days after the filing thereof or within such further period not exceeding fifteen days as the Com- missioner or a Judge of the Supreme Court may allow. appeal ' ( 2 ) The appeal shall be begun by filing a notice of appeal with the Recorder of the division in which the property in question or a part of it is situate and paying to him the prescribed fee, and unless such filing and payment are so made, and unless the appeal is set down and a certificate of such setting down lodged with the Recorder within five days after the expiration of said fifteen days or the further time allowed under subsection (1) the appeal shall be deemed to be abandoned. 5^ismft r t0 ( 3 ) Tll e Recorder shall forthwith after the filing of the proceedings notice of apppeal and the payment of the prescribed fee trans- offlcl. ntr! mit by registered post or by express to the Central Office at Osgoode Hall, Toronto, the order or award and all the exhibits, papers and documents filed therewith. order ex-_ (4) Where the time for appealing is extended the appel- lant shall forthwith transmit the order for the extension, to or a duplicate thereof, by registered post to the Recorder. 8 Edw. VII. c. 21, s. 151, part. PROCEDURE ON APPEALS. Procedure on 153. The practice and procedure, including the disposi- appea s. ^ Qn ^ costs, on an appeal, shall be the same as in ordinary cases under The Judicature Act. 8 Edw. VII. c. 21, s. 153. VALIDITY OF PROCEEDINGS BEFORE COMMISSIONER OR RECORDER. Proceedings 154. Proceedings under this Act shall not be removable notremov- into any Court by certiorari or otherwise, and no injunction, cerrtorori mandamus or prohibition shall be granted or issued out of etc. any Court in respect of anything required or permitted to be done by any officer appointed under the authority of this Act. 8 Edw. VII. c. 21, s. 154. validity of 155. No proceeding before the Commissioner or a Re- n*ot c fo be^ 8 corder shall be invalidated by reason of any defect in form or substance or failure to comply with the provisions of this 67 Act, where in the opinion of the Court before which any such proceeding comes in question no substantial wrong or injustice has been thereby done or occasioned. 8 Edw. VII. c. 21, s. 155. . POWER TO EXTEND TIME AFTER EXPIRATION OP PRESCRIBED TIME. 158. Where power is conferred by this Act to extend time for doing an act or taking a proceeding unless other-doing any wise expressly provided, the power may be exercised as well after as before the expiration of the time allowed or pre- scribed for doing the act or taking the proceeding. 8 Edw. VII. c. 21, s. 156. PART IX. OPERATION OF MINES. . REGULATIONS. 157. No boy or girl under the age of fourteen years shall Restrictions be employed in or about any mine, and no boy under the age S^nTof y of seventeen years shall be employed below ground in any children - mine. 2 Geo. V. c. 8, s. 17. 158. Except as stenographer, book-keeper or in some Gins and similar capacity, no girl or woman shall be employed a t women - mining work or allowed to be for the purpose of employment at mining work, in or about any mine. 2 Geo. V. c. 8, s. 17. 159. (1) No workman shall remain or be allowed to Hours of remain underground in any mine for more than eight hours J^J^JJ in any consecutive twenty-four hours, which eight hours shall ground, be reckoned from the time he arrives at his place of work in the mine until the time he leaves such place, provided, how- Proviso, ever, that (a) A Saturday shift may work longer hours for the purpose of avoiding work on Sunday or chang- ing shift at the end of the week or giving any of the men a part holiday. (6) The said limit of time shall not apply to a shift boss, pump man, cage-tender, or any person en- gaged solely in surveying or measuring, nor shall it apply in cases of emergency where life or pro- perty is in imminent danger, or in any case of repair work, or to any mine where the number of men working in a shift does not exceed six. 68 ( 2 ) I n this Section "Workman." ''Workman" means any person employed underground in a mine who is not the owner or agent or an official of the mine. "Shift" "Shift" means any body of workmen whose hours for beginning and terminating work in the mine are the same or approximately the same. certificate (3) Where any question or dispute arises as to the mean- spector. ing or application of clause (&) of subsection (1), or as to the meaning of " workman," " shift," or " underground," the certificate of the Inspector shall be conclusive. Application (4) for greater certainty it is hereby declared that see- as tfpen 118 tions 174, 175, 179, 180 and 181 of this Act shall apply to contraventions of this section; provided, however, that a workman shall not be guilty of an offence for failure to re- turn to the surface within the time limited by this section if he proves that without fault on his part he was prevented from returning owing to means not being available for the purpose. of "operation ( 5 ) ^ n *^ e event f great emergency or grave economic of section, disturbance, the Lieutenant-Governor in Council may sus- pend the operation of this "section to such extent and for such period as he deems fit; or upon the Inspector certifying as regards any iron mine that the precautions, safeguards and arrangements for protecting the health, safety and comfort of the workmen employed therein are satisfactory and in compliance with this Act, the Lieutenant-Governor in Coun- cil may, upon the recommendation of the Minister, in like manner suspend the operation of this section in so far as such mine is concerned. (6) This section shall come into effect on the first day of January, 1914, in all those parts of the Province without county organization, and in the remaining parts of the Pro- vince at such time as may be named by the Lieutenant- Governor by his proclamation. 3-4 Geo. V. c. 10, s. 1. - C 1 ) No P erson under the age of twenty years shall be allowed to have charge of any hoisting engine by means of which persons are hoisted, lowered or hauled in a shaft, incline or level at any mine. 69 (2) No person under the age of eighteen years shall allowed to have charge of any hoisting engine or hoisting apparatus of any kind at a mine. 2 Geo. V. c. 8, s. 17. 161. Where any person contravenes any of the next pre- Penalty for ceding four sections, the owner and the agent of the mine "" shall also each be guilty of an offence against this Act, he proves that he had taken all reasonable means to prevent such contravention by publishing and to the best of his power enforcing the provisions of this Act. 8 Edw. VII. c. 21, s. 161. 162. Where a mine has been abandoned or the working Fencing of thereof has been discontinued, the owner or lessee thereof or unworked and every other person interested in the minerals of the mine ml shall cause the top of the shaft and all entrances from the surface, as well as all other pits and openings dangerous by reason of their depth, to be and to be kept securely fenced; and if any person fails to act in conformity with this section he shall be guilty of an offence against this Act, and any shaft, entrance, pit or other opening which is not so fenced shall be deemed to be a nuisance. 8 Edw. VII. c. 21, s. 162. INQUEST TO BE HELD IN CASE OF FATALITY. 163. (1) The coroner who resides nearest to a mine Coroner to wherein or in connection wherewith any fatal accident has in case of occurred, .shall forthwith conduct an inquest, but if he is in Se. ltsr any way in the employment of the owner or lessee of the mine he shall be ineligible to act as coroner, and any other coroner shall, upon application by any person interested, forthwith issue his warrant and conduct such inquest, and this section shall be his authority for so doing whether his commission extends to such territory or not. 8 Edw. VII. c. 21, s. 163. (2) The Inspector and any person authorized to act on behalf shall be entitled to be present and to examine or cross- {J examine any witness at every inquest held concerning a death present at caused by an accident at a mine, and if the Inspector or some one on his behalf is not present, the coroner shall, be- fore proceeding with the evidence, adjourn the inquest and give the Deputy Minister not less than four days' notice of the time and place at which the evidence is to be taken. 9 Edw. VII. c. 17, s. 1. RULES FOB PROTECTION OF MINERS. 164. The following rules shall be observed and carried mines. out at every mine, except in so far as the Inspector may deem the same not reasonably practicable ; Sanitation. ventilation. 1. An adequate amount of ventilation shall be constant- ly produced so that the shafts, adits, tunnels, winzes, raises, sumps, levels, stopes, cross-cuts, underground stables and working places of the mine and the travelling roads to and from such working places shall be in a fit state for working and passing therein. Portable 2. In every working mine which is entered by a shaft and operated to a greater depth than 100 feet, and in every mine which is entered by an adit or tunnel and operated to a greater distance than 300 feet from the entrance to the adit or tunnel, the Inspector may require a sufficient number of portable watertight privies to be provided for the underground employees of the mine, and such privies shall be taken to the surface and thorough- ly cleansed every twenty-four hours. Care of Explosives. 3. No magazine for explosives shall be erected or main- tained nearer than four hundred feet from the mine and works, or any public highway, except with the written permission of the Inspector, and every such magazine shall be constructed of ma- terials and in a manner to insure safety against explosion from any cause, and shall be either so situated as to interpose a hill or rise of ground higher than the magazine between it and the mine and works, or an artificial mound of earth as high as the magazine and situate not more than 30 feet from it shall be so interposed. for 4. Oases containing explosives shall not be opened in the magazine, and only implements of wood, brass or copper shall be used in opening the cases. explosives. 71 5. In sinking shafts or winzes all firing shall be done S by means of electric current ; but this' shall not apply to claims not patented or leased. 6. Explosives stored underground in a working mine where ex- shall be kept in securely covered and locked jSSSfto*** boxes, and, where thawed underground shall be mlne8 - kept in an unused part of the mine, never less than ten feet from lines of underground traffic nor less than one hundred and fifty feet from places where drilling and blasting are carried on, and shall at all times be in charge of a specified man fully qualified by his experience to take charge thereof. 7. No explosives in excess of a supply for twenty-four^ 10 " 114 of hours shall be stored underground in a working" 11 mine. 8. Fuses, blasting-caps and electric detonators shall be storage^ kept in a place of safety and shall not, nor shall ing caps, etc. any article containing iron or steel, be kept or stored in the same magazine or thawing-house with explosives or nearer than 50 feet therefrom. 9. Whenever a workman opens a box containing ex- Lighted plosives, or in any manner handles the same, he ca?dies to be shall not permit any lighted lamp or candle to come closer than five feet to such explosives, a workman with a lighted lamp, candle, pipe or any other thing containing fire shall not approach nearer than five feet to an open box containing an explosive. 10. The manager, captain or other officer in charge o a mine shall make a thorough daily inspection of P|oiveBina the condition of the explosives in or about the same, and shall make an immediate investigation when an act of careless placing or handling of explosives is discovered by or reported to him : (a) Any employee who commits a careless act offence to be with an explosive or where explosives are the^r stored, or who, having discovered it, omits Attorney 1 or neglects to report immediately such act to an officer in charge of the mine, shall be guilty of an offence against this Act. and the officer in charge of the mine shall im- mediately report such offence to the In- spector or to the Crown Attorney of the County or District in which the mine is situate. Thawing bouse and apparatus for explo- sives. 11. A suitable house in which to thaw explosives shall be built separate from the other mine buildings and shall be equipped with suitable apparatus for thawing explosives approved by the Inspector, and shall be under the direction of the mine fore- man or some other careful and experienced work- man. Whenever deemed necessary by the Inspec- tor, suitable apparatus for thawing explosives shall also be provided for use in the mine and shall be used only under the direction of the mine foreman or of some other careful and experienced workman. The quantity of explosives brought into the thawhig house shall not at any time ex- ceed the requirements of the mine for a period of twenty-four hours, except where such require- ments would be less than one hundred pounds. Recording thermometer fn thawing room. 12. A reliable recording thermometer shall be kept in the room in which explosives are thawed and the record thereof kept. No Iron or ateel to ho used in charging holes. 13. In charging holes for blasting, no iron or steel tool or rod shall be used, and no iron or steel shall be used in any hole containing explosives, and no drilling shall be done in any hole that has been blasted, nor shall any iron or steel tool be. intro- duced into the bottom of anv such hole. Duty of miner when hole misses fire. Report of missed hole. 14. When a miner fires a round of holes he shall count the number of shots exploding, except in case of instantaneous blasting by electricity. If there are any reports missing he shall report the same to the mine captain or shift boss. If a missed hole has not been fired at the end of a shift, that fact, together with the position of the hole, shall be reported by the mine captain or shift boss to the mine captain or shift boss in charge of the next relay of miners, before work is commenced by them. Charge miss- Ing fire to be blasted. 15. A charge which has missed fire shall not be with- drawn, but shall be blasted, and no drilling shall be done in the working place where there is a 73 missed hole or a cut-off hole containing explosive until it has been blasted. 1 6. All drill holes, whether sunk by hand or machine size of drill drills, shall be of sufficient size to admit of the ho1 free insertion to the bottom of the hole of a stick or cartridge of powder, dynamite or other ex- plosive, without ramming, pounding or pressure. 17. Ko explosives shall be used to blast or break up ore, Blasting of salamander or other material where by reason of roaathea P a - its heated condition there is any danger or risk of premature explosion of the charge. 18. No explosive shall be used at any mine, unless there Marking is plainly printed or marked on every original o^orSnai package containing such explosive the name and explosives!' place of business of the manufacturer, and the strength, and the date of its manufacture. Time of Blasting. 19. Where parties working contiguous or adjacent Blasting on claims or mines disagree as to the time of setting off blasts, either party may appeal to the Inspec- tor, who shall decide upon the time at which blasting operations thereon may be performed, and the decision of the Inspector shall be final and conclusive and shall be observed by them in future blasting operations. Protection in Working Places. 20. On every level in which mechanical haulage is em- 11 i if from tracks ployed, there shall be at intervals of not more in levels, than one hundred yards a place of refuge, af- fording a space of at least three feet of width between the widest part of the car or train run- ning on the tramway, and the farthest side of the place of refuge. 21. Every man-hole and space for a place of refuge Keeping shall be constantly kept clear, and no person clean 68 shall place anything in a man-hole or in such space in a position to prevent convenient access thereto. 22. Where a drift extends from a shaft in any Protection of direction on a level, a safe passage way and drifts. 7-4 standing room for workmen shall be made on one or both sides of the shaft to afford protec- tion against falling material. Protection of work- men from falling cage, etc. 23. Where a shaft is being sunk below a level from which material is being hoisted in the same shaft a suitable covering of rock, timber, iron, steel or other metal shall be provided under the hoisting compartment of the shaft immediately below the level for the protection of the workmen in the shaft; and such covering shall be sufficiently strong to withstand the shock of the loaded bucket, skip or cage falling from the highest point in the shaft. Fencing of shafts and other open- Ings. 24. The top of every shaft shall be securely fenced or protected by a gate or guard rail, and every pit or opening dangerous by reason of its depth shall be securely fenced or otherwise protected. Protection of shaft and winze openings In levels. 25. At all shaft and winze openings on every level, a gate or guard rail, not less than three feet or more than four feet above the floor, shall be provided and kept in place except when the cage, skip or bucket is being loaded or unloaded at such level. Timbering 26. Where the enclosing rocks are not safe every work- ing or pumping shaft, adit, tunnel, stope or other working in which work is being carried on, or persons passing, shall be securely cased, lined or timbered, or otherwise made secure. Covering mill holes In stope. Safety from water. 27. The top of every mill hole in a stope shall, as far as practicable, be kept covered. 28. Every working mine shall be provided with suit- able and efficient machinery and appliances for keeping the mine free from water, the accumu- lation or flowing of which might injuriously af- fect any other mine. Foot ladder or passage in shaft to be separated from hoist. Ladder-ways. 29. The ladder or passage-way in a shaft or winze shall be separated by a closely boarded partition from the compartment or division of the shaft or winze in which the material is hoisted. 75 30. A suitable footway or ladder, inclined at the convenient angle which the space in which the ladder is fixed allows, shall be provided in every working shaft, and every such ladder shall have a substantial platform at intervals of not more than twenty feet, and shall not be fixed for per- manent use in a vertical or overhanging position, and all ladders in shafts shall project at least two feet above the platform, and all holdfasts shall be of iron, securely fixed in the shaft cas- ing. The platform shall be closely covered, with the exception of an opening large enough to per- mit the passage of a man's body, and shall be so arranged in vertical or steeply inclined shafts and winzes that it would not be possible for a person to fall from one ladder through the open- ing to the ladder below. Raising or Lowering Persons. 31. No person shall be lowered or hoisted, or allow when per- T i f -it -i > -i if sons not to himself to be lowered or hoisted, in a shait,be hoisted. winze or other underground opening of a mines (a) In a bucket or skip, except that men em- in buckets ployed in shaft sinking shall be allowed to or ascend and descend to and from the nearest level or other place of safety by means of the bucket or skip used for hoisting ma- terial, but there shall always be a suitable ladder in the shaft to provide an auxiliary means of escape. (6) In a cage or skip, except as provided in when safety clause (a), which is not provided with af~~ hood, dogs and other safety appliances ap- proved by the Inspector; (e) In a cage or skip where a detaching hook or when de- other device approved by the Inspector to^oks'^ot prevent overwinding in mines of upwards U8ed> of 1,000 feet vertically in depth are not pro- dded ; (d} Where no indications other than marks on Where the rope or cable are used to show to the person who works the machine or hoisting engine the position of the cage in the shaft; 76 Ss r not able ( e ) Where the rope or cable passes through pass blocks instead of passing over a sheave of a propef diameter suited to the diameter of the rope or cable and properly mounted on a secure head-frame. o/ I ni t ie d tobe ^he owner ^ every mine shall post and maintain at the kept posted, mouth of the shaft or other conspicuous place a printed copy of this rule, and where the same has been posted and main- tained in case of an accident occuring as a result of a viola- tion of this rule the owner shall not be liable for damages except upon proof that he has permitted or authorized the employment of means herein prohibited for raising and lowering workmen in a mine, or that a suitable manway has not been provided. 32. Whenever a mine shaft exceeds four hundred feet in vertical depth, a safety cage shall be pro- vided, kept and used for lowering and raising men in the shaft, unless otherwise directed in writing by the Inspector. 32a. (1) All cages or skips used for lowering or raising men shall be constructed as follows: (a) The hood shall be made of steel plate not less than three-sixteenths of an inch in thickness; (&) The cage shall be provided with sheet iron or steel side casing not less than one-eighth of an inch in thickness, or with a netting composed of wire not less than one-eighth of an inch in diameter, and with doors made of suitable material; (c) The doors shall extend at least five feet above the bottom of the cage, and shall be closed when lowering or hoisting men ; (d} The cage shall have overhead bars so arranged as to give every man an easy and secure handhold ; (e) The safety appliances shall be of sufficient strength to hold the cage or skip with its maximum load at any point in the shaft; (/) The cage shall not have chairs attached thereto which are operated by a lever through or from the floor. (2) This section shall come into force on the 1st day of January, 1915. 4 Geo. V. c. 14, s. 7. Safety-cages In shafts over 400 feet deep. Cages or skips, how to be con- structed. Hood. Casing or netting. Overhead bars for handholds. Safety catch. Operating chairs by lever. Commence- ment of section. 77 Shaft Equipment, Etc. 33. All cross heads must be provided with a safety Crossheads appliance so constructed that the cross heads can- t d ed with not stick in the shaft without also stopping 1 i appliance. bucket. 34. Skipways shall be provided with back timbers toskipways. prevent skips leaving the track where such skip- ways are inclined at more than 60 degrees from the horizon, unless otherwise directed in writing by the Inspector. 35. Hoisting with horse and pulley-block is forbidden Hoteting^ where the depth of a shaft is more than seventy- and puiiey- five feet. 36. No open hook shall be used in hoisting or lowering, open hooks not to be used. 37. On the drum of every machine used for lowering supping of or raising persons there shall be such flanges ordrum. n horns, and also, if the drum is conical, such other appliances as may be sufficient to prevent the rope or cable from slipping. 38. To every hoisting machine used for lowering or Brake. raising persons or materials there shall be at- tached a brake adequate to hold at any point in the shaft the weight of the skip, bucket, or other vessel used when filled with ore, and in any shaft of greater depth than two hundred feet there shall also be in addition to any mark on the rope or cable a geared indicator which will show to the person who works the machine the position of the cage or load in the shaft. 39. Xo person shall ride upon or against any loaded aiding on car in any level, drift or tunnel in or about any e * ded cars> Scaling, Escapement, Shafts, Etc. 40. The manager or captain or other competent officer Daily exam- of every mine shall examine at least once every lnatlon - day all working shafts, levels, stopes, tunnels, drifts, crosscuts, raises, signal apparatus, pulleys and timbering in order to ascertain that they are in a safe and efficient working condition, and he 78 Record to be kept of all scaling operations. shall inspect and scale, or cause to be inspected and scaled, the walls and roofs of all stopes or other working places at least once every week, and shall enter the record of such scaling opera- tions in a book kept for that purpose in the mine office. Escapement shafts. Buildings not to be erected nearer than 50 feet to the mouth of a mine. 41. Every person who has sunk in any mine a vertical or inclined shaft to a greater depth than 100 feet, and who has drifted a distance of 200 feet or more from the shaft and has commenced to stope, shall provide and maintain, in addition to the hoisting shaft or the opening through which men are let into or out of the mine and the ore is extracted, a separate escapement shaft or open- ing. Such auxiliary exit shall not be less than 50 feet from the main hoisting shaft ana snail not be covered by any inflammable structure. If such an escapement shaft or opening is not in existence at the time that stoping is commenced, work upon it shall be begun as soon as stoping is commenced, and shall be diligently prosecuted until the same is completed, and the escapement shaft or opening shall be continued to and con- nected with the lowest workings in the mine. The escapement shaft or opening shall be of sufficient size to afford an easy passage way, and shall be provided with good and substantial lad- ders from the deepest workings to the surface. With the exception of any erection used solely as a shaft-house, no permanent building, for any purpose, shall be erected within fifty feet of the mouth of a mine, unless there is such an auxili- ary exit. !N"o boiler shall be installed in any building within 50 feet of the mouth of any shaft. Proviso. Provided that where the timber and wood in the hoist- ing shaft of a mine are constantly wet, and in the opinion of the Inspector it is not necessarv for the safety of the workmen that the escape- ment shaft or opening be continued to and con- nected with the lowest workings, he may in writ- ing so certify, and thereupon such requirement shall not apply to such mine, but the Inspec- tor may require any other precautions to be taken which he may deem necessary. 79 42. All timber not in use to sustain the roof or walls g ) ld or any part of a mine shall as soon as practicable removed, be taken from the mine and shall not be piled up and permitted to decay therein. 43. All oils and other inflammable materials shall be storing oils, stored or kept in a building erected for that pur-* pose, and at a safe distance from the powder magazine and from the main buildings, and shall be removed therefrom for use in such quantities only as are necessary to meet the requirements of one day. Signals. 44. Every working shaft which exceeds 50 feet in signalling. depth, unless otherwise permitted in writing by the Inspector, shall be provided with some suit- able means of communicating by distinct and definite signals from the bottom of the shaft and from every level for the time being in work between the surface and the bottom of the shaft, to the hoist room. 45. All methods of signalling in a mine shall be printed code of and posted up in the engine house or hoist house 8l nals - and also at the top of the shaft and at the en- trance of each level. The following code of mine signals shall be used at every mine: Code of Mine Signals. 1 bell Stop immediately if in motion. 1 bell Hoist. 2 bells Lower. 8 bells Men about to ascend or descend. The 3-bell signal must be given before men enter cage, which must not be moved until the " Hoist " or " Lower " signal is given and then slowly. 4 bells Blasting signal. Engineer must answer by raising bucket, skip or cage a few feet and letting it back slowly, then one bell, hoist men away from blast. 80 9 bells Danger signal in case of fire or other danger. Then ring number of station where danger exists. Special signals in addition to the above may be used at any mine, if they have been approved by the Inspector. Who may use signals. 46. No person but the cage tender shall ring the signal bell, and the signal to move the cage, skip or bucket shall be given only when the same is at the level from which the signal is to be given. Protection from Machinery. Railing or casing when required. 47. Every fly-wheel, geared-wheel. bull-wheel, pulley or belt, and every opening through which any wheel or "belt operates, shall be enclosed with a substantial railing or casing. Uneven pro- jections to be covered. Runways, etc., used for oiling to have hand rail. Protection of entrances. Wearing loose clothing. Frogs i tracks. Gongs, "etc., on hauling engines. Steam boilers. 48. Every key, bolt, set-screw, and every part of any wheel .or other revolving machinery which pro- jects unevenly from the surface shall be covered. 49. Every runway, stair and staging used for oiling or other purposes more than five feet from the floor shall be provided with hand-railing. 50. Every entrance to any elevator, hatchway or well- hole shall be provided with a suitable trap-door, guard-rail, or automatically closing gate. 51. Persons engaged in dangerous proximity to moving machinery shall not wear or be allowed to wear loose outer clothing. 52. Every frog in a track, either above or below ground, on which cars are moved by mechanical power shall have a guard block of wood or iron. 53. Every locomotive engine, trolley or motor car used for hauling material, either above or below ground shall be equipped with a gong, bell or whistle, which shall be sounded when starting and at such other times as warning of danger may be required. 54. (1) Every steam boiler used for generating steam in or about a mine shall, whether separate or one of a range 1 " 1 ' 81 (a) Have attached to it a proper safety-valve, J and also a proper steam-gauge and water- gauge, to show respectively the pressure of steam and the height of water in each boiler ; (6) Be inspected by a competent person, not an inspection. employee of the owner or agent, at least once in every twelve months; and a certi- fied copy of the report of the Inspector shall be forwarded to the Inspector within seven days; (c) Be cleaned out and examined internally, far as the construction of the boiler will permit, by the person in charge of it, at least once in every three months. (2) Every such boiler, safety-valve, steam-gauge andMainten- water-gauge shall be maintained in proper work- 1 ing condition. Dressing Rooms. 55. If more than ten persons to each shift are ordin- arily employed in the mine below ground, suffi- cient accommodation, including supplies of pure cold and warm water for washing, shall be pro- vided above ground near the principal entrance of the mine, and not in the engine room or boiler room, for enabling the persons employed in the mine to conveniently dry and change their clothes. Aid to Injured. 56. At every mine where six or more men are em- stretcher* i ' -, . i , , tor convey- ployed in underground work, a properly con-ance of in- structed stretcher shall be kept for the purpose Jon? ^^ of conveying to his place of abode any person , who may be injured while in the discharge of his duties at the mine. 57. A supply of articles suitable for first aid shall kept accessible at every mine for the treatment aid. of anyone injured, including the following: antiseptic gauze, carbolated vaseline, sponges, soap, carbolic acid, tablets of bichloride of mer- cury, linseed oil, bandages, towels and a wash basin. 82 ^8. At every mine or works where poisonous or dan- gerous compounds, solutions or gases are used or produced there shall be kept in a conspicuous place as near the same as practicable, a sufficient supply of satisfactory antidotes and washes for treating injuries received from such compounds, solutions or gases. Such antidotes and washes shall be properly labelled, and explicit directions for their use affixed to the boxes containing them. Prevention of Dust. 59 - In ever y mil1 or P lant wner e, by reason of dry crushing or otherwise, there is in the air of the building dust in quantity to be injurious _to health, suitable apparatus shall be installed for its removal. Keeping 60. Every dusty place where work is being carried on ply to lay in a mine shall be adequately supplied at all times with clean water under pressure or other * approved appliances for laying the dust caused by drilling or blasting operations. 61. The times for blasting shall be so fixed that the workmen shall be exposed as little as practicable to dust and smoke. Shields for 62. Workmen employed at metallurgical works, shall against be supplied with suitable shields and appliances to protect them as far as possible from being burned with molten material. Use of Electricity. Definitions. "Pressure." 63. The word " pressure " in this and the following rules down to and including rule 95, shall mean the difference of electrical potential between any two electrical conductors. "LOW pres- Where the conditions of the system are such that the sure sy pressure between any two conductors, or between any conductor and the earth, at the terminals where the electrical energy is being used does not normally exceed 250 volts, this shall be deemed a low pressure system. 83 Where the conditions of the system are such that the" Medlum f . ' i pressure pressure between any two conductors, or between ytem." any conductor and the earth, at the terminals where the electrical energy is being used nor- mally exceeds 250 volts, but does not normally exceed 600 volts, this shall be deemed a medium pressure system. Where the conditions of the system are such that the -High pressure between any two conductors, or between JJ{JS any conductor and the earth, at the terminals where the electrical energy is being used nor- mally exceeds 600 volts, this shall be deemed a high pressure system. Construction of Apparatus. 64. All electrical apparatus and conductors shall" sufficient in size and power for the work they e may be called upon to do, and, so far as is sonably practicable, efficiently covered or saf e- a guarded and so installed, worked and maintained as to reduce the danger to person or property through accidental shock or fire to the minimum, and shall be of such construction, and so worked, that the rise in temperature, caused by ordinary working will not injure the insulating materials. 65. A transformer for transforming a high pressure toTransfonn- , . i ,, , T , . era In separ- a medium or low pressure shall be placed in a ate bund- separate fireproof compartment, used only for 10 * 8 " that purpose. 66. A higher pressure than a medium pressure shall Higher than not be used for portable motors nor for any other p^eslSre, purpose underground. hibite vicinity of power or lighting cables, sufficient precautions shall be taken to prevent the shot- firing cables or wires coming in contact with the lighting or power cables. Continuing certain ap- Exemptions. 95. Notwithstanding anything contained in these rules, any electrical plant or apparatus installed or in use, on or before the twenty-fourth day of March, 1911, may be continued in use, unless the In- spector -shall otherwise direct. Damage to Property. 96. No person shall wilfully damage, or without proper authority remove or render useless, any fencing, casing, lining, guide, means of signalling, signal, cover, chain, flange, horn, brake, indicator, lad- der, platform, steam-gauge, water-gauge, safety- valve, or other appliance or thing provided in any mine in compliance with this Act. General. und!, n fhe influence of ing liquor. 97. No person under the influence of or carrying in- toxicating liquor shall enter any mine or be in the proximity of any working place on the sur- face or near anv maehinerv in motion. 89 98. There shall always be enforced and observed by the General duty owner and the agent of a mine, and by every care, manager, superintendent, contractor, captain, foreman, workman and other person engaged in or about the mine, such care and precaution for the avoidance of accident or injury to any per- son in or about the mine as the particular circum- stances of the case require ; and the machinery, plant, appliances and equipment and the manner of carrying on operations shall always, and ac- cording to the particular circumstances of the case, conform to the strictest considerations of safety. Posting up Rules. 99. Instructions and rules required by this Act to instructions i i . i . i n i and rules to be posted in or about a mine shall be written or be posted, printed in the English language and also in such other language as may be necessary to inform any considerable number of workmen employed at the mine, and the owner or agent of the mine shall maintain such instructions and rules, duly posted, and the removal or destruction of them shall be an offence against this Act. 2 Geo. V. c. 8, s. 18. PAYMENT OF WAGES. 165. (1) No wages shall be paid to any person employed prohibition in or about any mine to which this part applies at or within J wages at any tavern, shop or place where spirits, wine, beer or other |jj||j a spirituous or fermented liquors are sold or kept for sale, or within any office, garden, or place belonging or contiguous thereto or occupied therewith. (2) Every person who contravenes or permits any person Pen aity. to contravene this section shall be guilty of an offence against this Act, and in the event of any such contravention by any person whomsoever the owner and agent of the mine in respect of which the wages were paid shall also each be guilty of an offence against this Act, unless he proves that he had taken all reasonable means to prevent such contravention by publishing and to the best of his power enforcing the pro- visions of this section. 8 Edw. VTT. c. 21, s. 165. DAMAGE TO OTHER CLAIMS. Licensees not to dam- age other claims. 166. In mining operations no person shall without right or authority cause damage or injury to the holder of any mining property by throwing earth, clay, stones, or mining material on such other mining property, or by causing or by allowing water which may be pumped or bailed or which may flow from a mining claim or other mining property of such person, to flow into or upon such other mining property, and the offender in addition to any civil liability shall incur a penalty of not more than $10 for every day such damage or injury continues, and in default of payment of the penalty and costs, may be imprisoned for any period not exceeding one month. 8 Edw. VII. c. 21, s. 166'; 2 Geo. V. c. 8, s. 19. PARTY WALL. Party walls, 167. (!) Unless the owners agree to dispense therewith, in all mining operations there shall be left between all ad- joining properties a party wall at least fifteen feet thick (being seven and one-half feet on each property), to the use of which the adjoining owners shall be entitled in common. Use in common. (2) The owners shall be entitled to use such party wall in common as roadway for all purposes, and such roadway shall not be obstructed by the throwing of 'soil, rock or other material thereon, or in any other way, and any person ob- structing the same in addition to any civil liability shall incur a penalty of not more than $!(> for every day such obstruction continues. Dispensing (3) Any such adjoining owners may in any case apply to the Commissioner, who may make an order dispensing with such party wall or roadway, or providing for the working of any material therein, or otherwise, as he may deem just. 8 Edw. VII. c. 21, s. 167. Accidents ausing 168. (1) Where, in or about any mine, whether above or below ground, any accident occurs which causes : Death (a) Loss of life to any person employed in or about the mine, or Serious Injury. (6) Fracture or dislocation of any of the bones of the body, or any other serious personal injury, to any person employed in or about the mine. 91 The owner, agent, manager or superintendent of the mine shall within twenty-four hours next after the accident, s notice in writing of the accident, and of the loss of life or per- sonal injury occasioned thereby, to the Deputy Minister, in such form and accompanied by such particulars as may be prescribed by him. "Serious personal injury" shall mean such an injury p^J as in the opinion of the attending physician injury,- may result in the injured person being incapaci-' tated for work for at least seven days. (2) Where in or about any mine, Accident*. (a) Any case of overwinding a skip or cage; (5) Any breakage of a rope or cable used for hoisting ; (c) Any inrush of water from old workings or other- inrush of wise; (d} Any outbreak of fire below ground; or SIound el w (e~) Any premature or unexpected explosion occurs, Explosions. Whether or not loss of life or personal injury is caused Notice to thereby, the owner, agent, manager, or superintendent shall, within twenty-four hours next after the occurrence, send notice in writing to the Inspector, and shall furnish such particulars in respect thereof as may assist the Inspector in making inquiry into the circumstances. 2 Geo. V. c. 8, s. 20. 169. Where mining operations have been commenced Notice of upon any mine, claim, location or works in Ontario, or connection where such operations have been discontinued, or where such ^JJJ^JSf* of operations have been recommenced after an abandonment or a mlne r In discontinuance for a period exceeding two months, or where its officers. any change is made in the name of a mine or in the name of the owner or agent thereof, or in the officers of any incor- porated company which is the owner thereof, the owner or agent of such mine, claim, location or works shall give notice thereof to the Deputy Minister within two months after such abandonment, discontinuance, recommencement or change, and if such notice is not given the owner or agent shall be guilty of an offence against this Act. 8 Edw. VII. c. 21, s. 169. 7 MA STATISTICAL EETUBNS. 17O. (1) For the purpose of their tabulation under the owners and instructions of the Minister the owner or agent of every mine, quarry or other works to which this Act applies shall on or before the 15th day of January in every year send to the Bureau of Mines a correct return for the year which ended on the 31st day of December next preceding, showing the number of persons ordinarily employed below and above ground respectively, and distinguishing the different classes and ages of the persons so employed whose hours of labor are regulated by this Act, the average rate of wages of each class and the total amount of wages paid during the year, the quantity in standard weight of the mineral dressed, and of the undressed mineral which has been sold, treated or used during such year, and the value or estimated value thereof, and such other particulars as the Minister may by regulation prescribe. ( 2 ) ^o owner or agent of every metalliferous mine shall, if required, make a similar return for the month or quarter at the end of each month or quarter of the calendar year. Penalty. (3) Every owner or agent of a mine, quarry or other works who fails to comply with this section, or makes any return which is to his knowledge false in any particular, shall be guilty of an offence against this Act. 8 Edw. VII. c. 21, s. 170. PLANS OF WORKING. Plans to be 171. (1) On any examination or inspection of a mine produced on , - ' ., ., ' . 1 , , T inspection of the owner snail, if required, produce to the Inspector, or to any other person authorized by the Minister or Deputy Minister an accurate plan of the workings of the same. uqien snow ^ e wor ki n g s f the mine up to progress on within six months of the time of the examination or inspec- tion, and the owner shall, if required by the Inspector or other authorized person, cause to be marked on the plan the progress of the workings of the mine up to the time of the examination or inspection, and shall also permit him to take a copy or tracing thereof. 93 (3) An accurate plan of every working mine in which JJJ levels, crosscuts or other openings have been driven from any gjj* 8 to shaft, adit or tunnel, and of every mine consisting of a tun- nel or shaft fifty feet or more in length shall be made and a certified copy filed in the Bureau of Mines on or before the 31st day of January in each year, showing the workings of the mine up to and including the 31st day of December next preceding, and whenever work has been discontinued or abandoned for a period of one month such plan shall be filed within two months from the date of cessation of work. (4) Failure on the part of the owner or agent of the Failure to mine to comply with any provision of this section shall be an Jiln& b offence against this Act. (5) Every such plan shall be treated as confidential in- 5SS^f a J* formation for the use of the officers of the Bureau of Mines, confidential, and shall not be exhibited nor shall any information con- tained therein be imparted to any person except with the written permission of the owner or agent of the mine. 8 Edw. VII. c. 21, s. 171 ; 2 Geo. V. c. 8 1 s. 22. POWERS AND DUTIES OF INSPECTOR. 172. (1) It shall be the duty of every Inspector, and Powers of he shall have power, (a) To make such examination and inquiry as he may inquiries as deem necessary to ascertain whether the provis- ^ce'with ions of this Act are complied with; Act (6) To enter, inspect and examine any mine and every inspection, portion thereof at all reasonable times by day or night, but so as not to unnecessarily impede or obstruct the working of the mine; (c) To examine into and make inquiry respecting the Examination state and condition of any mine, or any portion affecung" 61 * tlicreof, and the ventilation of the mine, and all health and matters and things connected with or relating employees, to the safety of the persons employed in or about the mine, or any mine contiguous thereto, and to give notice to the owner or agent in writing of any particulars in which he considers such mine or any portion thereof, or any matter, thing or practice to be dangerous or defective or contrary to the provisions of this Act, and to require the same to be remedied within the time named in such notice; Stopping work when mine unsafe. (d) To order the immediate cessation of work in and the departure of all persons from any mine or portion thereof which he considers unsafe, or to allow persons to continue to work therein on such precautions being taken as he deems neces- sary; General powers for protection of miners. (e) To- exercise such other powers as may be necessary for ensuring the health and safety of miners and all other persons employed in or about mines, smelters, metallurgical and mining works. Annual report (2) It shall be the duty of every Inspector to make an annual report of his proceedings during the preceding year to the Deputy Minister. ( 3 ) The annual re P rt sha11 be laid bef<)re the Assembly. Assembly. 8 Edw. VII. C. 21, S. 172. Special report 173. (1) The Minister may direct an Inspector to make a special report with respect to any accident in or about any mine which has caused loss of life or personal injury to any person. Inspectors may take evidence. (2) In conducting the inquiry the Inspector shall have power to compel the attendance of witnesses and the pro- duction of books, documents and things, and to take evi- dence upon oath. "8 Edw. VII. c. 21, >s. 173. Offences against Part IX. 174. Noncompliance with any rule contained in section 164- or with any other provision of Part IX. shall be an offence against Part IX. of this Act, of which the owner and the agent of the mine and every manager, superintendent, captain, foreman, workman and other person engaged in or about the mine shall each be guilty. 2 Geo. V. c. 8, s. 23. 175. Where work in or about a mine is let to a contrac- tors and tor or sub-contractor, he shall comply and enforce compliance Contractors, with all the rules and provisions of Part IX. and shall in any case of non-compliance therewith be guilty of an offence and punishable in like manner as if he were owner or agent 2 Geo. V. c. 8, s. 24. 95 PART X. OFFENCES, PENALTIES AND PROSE- CUTIONS. 176. Every person who (a) Prospects, occupies or works any Crown lands or Description mining rights for minerals otherwise than in of accordance with the provisions of this Act, or 6 Edw. VII. c. 11, s. 103; (6) Wilfully defaces, alters, removes or disturbs any post, stake, picket, boundary line, figure, writ- ing or other mark lawfully placed, standing or made under this Act, or (c) Wilfully pulls down, injures or defaces any rules, or notice posted up by the owner or agent of a mine, or (d) Wilfully obstructs the Commissioner or any officer appointed under this Act in the execution of his duty, or (e) Being the owner or agent of a mine refuses or neglects to furnish to the Commissioner or to any person appointed by him or to any officer appointed under this Act the means necessary for making an entry, inspection, examination or enquiry in relation to any mine, under the provisions of this Act other than Part IX., or (/) Unlawfully marks or stakes out in whole or in part a mining claim, a quarry claim, or a placer mining claim, or an area for a working permit or boring permit, or (c/) Wilfully acts in contravention of the provisions of this Act other than Part IX. in any particular not hereinbefore set forth, or (h') Wilfully contravenes any provision of this Act or any rule or regulation made thereunder for the contravention of which no other penalty is pro- vided, or Penalty. (i) Attempts to do any of the acts mentioned in the foregoing clauses, shall be guilty of an offence against this Act and shall incur a penalty not exceeding $20 for every day upon which such offence occurs or continues. 8 Edw. VII. c. 21, s. 176. Disobeying order or award of Commis- sioner. Use of word "Bureau" prohibited 177. Every person who wilfully neglects or refuses to obey any order or award of the Commissioner except for the pay- ment of money, shall, in addition to any other liability, in- cur a penalty not exceeding $250, and upon conviction there- of shall be liable to imprisonment for a period not exceed- ing six months unless such penalty and costs are sooner paid. 8 Edw. VII. c. 21, s. 177. 178. (1) No person who (a) Carries on the business of mining or dealing in mines, mining claims, mining lands, or mining rights, or the shares, stocks, or bonds of a min- ing company, or (6) Acts as broker or agent in or for the disposal of any mines, mining claims, mining lands, or mining rights, or of any such shares, stock or bonds, or (c) Offers or undertakes to examine or report on a mine, mining claim, mining land or mining rights, shall use the word "Bureau" as the name or title or part of the name or title under which he acts or carries on business. Penalty. Liability of owner or agent offend- ing against Part IX. (2) Every person who contravenes the provisions of this section shall incur a penalty of not more than $20 for every day upon which such offence occurs or continues. 8 Edw. VII. c. 21, s. 178. 179. (1) Every owner, agent, manager, superintendent or captain, who is guilty of an offence against Part IX. shall incur a penalty of not less than $100 nor more than $1,000. w^ offending 1 (^) Every person other than an owner, agent, manager, superintendent or captain engaged or employed in or about a mine who is guilty of an offence against Part IX. shall incur a penalty of not less than $10 nor more than $100. 97 (3) Where the Deputy Minister or an Inspector has given written notice to an owner or agent or any person engaged continuing or employed in or about a mine that an offence has been committed against Part IX., such owner or agent or other person shall incur a further penalty not exceeding $100 for every day upon which the offence continues after such notice. (4) Every such owner or agent shall upon conviction be Im P rlson - ,. {, ' . J . ... . , ,. . ment in de- hable to imprisonment for a period not exceeding three fault of months unless the penalty and costs are sooner paid, and Jtnai ties. * every person other than an owner or agent so employed shall upon conviction be liable to imprisonment for a period not exceeding one month unless the penalty and costs are sooner paid. 8 Edw. VII. c. 21, s. 179 (1) (4) ; 9 Edw. VII. c. 17, ss. 9, 10. (5) Where the offence is one which might have endangered the safety of those employed in or about the mine or offender caused serious personal injury or dangerous accident and fx^hfc was committed wilfully by the personal act, default or neg- tain cas ligence of the accused, every person who is guilty of an offence against Part IX. shall, in addition to or in sub- stitution for any pecuniary penalty that may be imposed, be liable to imprisonment with or without hard labor for a per- iod not exceeding three months. 9 Edw. VII. c. 17, s. 11 ; 2 Geo. V. c. 8, s. 25 ; 3-4 Geo. V. c. 18, s. 12. 180. (1) No prosecution shall be instituted for an instituting offence against Part IX. or any regulation made in pur- for Offence" 3 guance thereof except ?x? lm (a) By an Inspector, or (6) By the direction of the County or District Crown Attorney, or (c) By the leave in writing of the Attorney-General ; For offences or for an offence against any other of the provisions of this Jrov^i Act or of any rule or regulation made in pursuance thereof, except (a) By or by leave of the Commissioner or a Recorder, (6) By leave of the Attorney-General, or (c) By direction of the County or District Crown At- torney ; 98 8on e not e ac~ No person not being the actual offender shall be liable in not\?abie der res P ect f sucn offence if he proves that he did not partici- pate in the contravention of the rule or provision for a breach of which he is charged and that he was not to blame for such breach and that according to his position and au- thority he took all reasonable means in his power to prevent such breach and to secure compliance with the rules and provisions of Part IX. 8 Edw. VII. c. 17, s. 11 ; 2 Geo. V. c. 8, s. 26. Onus of proof that compliance with rules not practic- able. Procedure on prose- cutions. Rev. Stat. c. 90. Limitation of prosecu- tion*. (2) The burden of showing that the observance or carrying out of any rule contained in section 164 was not deemed by the Inspector to be. rea- sonably practicable shall be upon 'the accused, but it may be proved by a certificate from the Inspector or by his evidence given at the hear- ing. 2 Geo. V. c. 8, s. 27. 181. (1) Except as to offences against section 12, every prosecution for an offence against or for the recovery of a penalty imposed by or under the authority of this Act shall take place before a Police Magistrate or a Justice of the Peace having jurisdiction in the County or District in which the offence is committed, or before the Commissioner or a Recorder, and save as herein otherwise provided the provi- sions of The Ontario Summary Convictions Act shall apply to every such prosecution. (2) The prosecution shall be commenced within six months after the commission of the offence. 8 Edw. VII. c. 21, s. 181. PART XI. GENERAL PROVISIONS. LIEN FOB WAGES. Registra- tion, etc. Rev. Stat. c. 140. 182. The provisions of The Mechanics' and Wage Earn- ers' Lien Act shall apply to mines, mining claims, mining lands or works connected therewith except that in the case of unpatented land and mining rights the registration pro- vided for by- the said Act shall be in the office of the Re- corder. 8 Edw. VII. c. 21, s. 182. Mine work- 183. (1) Every person who performs labour for wages fien t f > or iave i n connection with any mine, mining claim, mining lands or wages. works connected therewith shall have a lien thereon and up- 99 on any other property of the owner therein or thereon for such wages, not exceeding the wages for thirty days, or a sum equal to his wages for thirty days, and such lien may be enforced in the manner provided by section 182. 8 Edw. VII. c. 21, s. 183. (2) Where satisfied that any claim for lien recorded under or by reason of this or the next preceding section is w&gem made or recorded improperly or for the purpose of embarrass- ment the Commissioner may cancel and remove the same. 2 Geo. V. c. 8, s. 21. LIQUOR LICENSES. 184. Excepting in cities, towns and villages, no Liquor license shall hereafter be issued under The Liquor License w"den*witii- Act for any tavern, shop or club, not on the 14th day | j^^}" 6 * of May, 1906, under license for the sale of intoxicating mines, liquor, within six miles of any mine or mining camp where rttev. stat. six or more workmen are employed. 8 Edw. VII. c. 21, ' 21 s. 184. PRESERVATION OF PEACE. 185. The Lieutenant-Governor in Council may declare Powers of by proclamation that The Public Works Peace Preservation ^overno^ Act shall be in force in any Mining Division or in any ln CounclL defined locality therein, and upon and after the date named in any such proclamation section 1 and sections 3 to 11 in- clusive of that Act, shall take effect within the Mining Division or locality designated in the proclamation, and the provisions of the said Act shall apply to all persons em- ployed in any mine or in mining within the limits of such Mining Division or locality in the same manner and to the * e j- f stau same extent as nearly as may be as if the persons so em- ployed had been specially mentioned and referred to in such Act. 8 Edw. VII. c. 21, s. 185. EXPLORATORY DRILLING. 186. The Minister may, out of any money appropriated JJjj-jjJ^ of for the purpose, purchase such diamond drills as he may prospecting deem necessary for use in prospecting for ores or minerals purpo * under rules and regulations made by the Lieutenant-Gov- ernor in Council which may provide 100 (a) For the control and working of the drills under the direction of a person employed for the pur- pose by the Bureau of Mines ; (&) For the payment of freight charges where the drills are used upon mines or land other than those owned by the Crown; (c) As to applications for use of the drills and the method of dealing therewith; (d) As to charges for use of the drills and for damages thereto, or wear and tear connected therewith, and otherwise as to the Lieutenant-Governor in Council shall seem proper. 8 Edw. VII. c. 21, s. 186. RIGHTS AND EASEMENTS. what rights 187. (1) Where required for or in connection with the ?andsmay proper working of a mine, mill for treating ore, or quarry, by G > o n m e - rred the owner, lessee or holder of it or the person entitled to missioner. W0 rk the same, may, subject as hereinafter provided, obtain and have vested in him by order or award of the Commis- sioner, made after hearing such parties interested as may appear, or on appeal from him; constructing (a) The right to open, construct, put in, maintain and flume? etc., use ditches, tunnels, adits, pipes, conduits, flumes and other works through, over or upon any land for the drainage, conveyance or pas- sage of water; Discharging (Z>) The right to discharge water upon any land or ]^ r on by, through or into any existing means of drain- age, whether natural or artificial ; Draining or (c) The right to drain off, lower or divert the water of wafers n fn any lake, pond, river, stream or watercourse, or streams, an ^. o fa er wa ter, notwithstanding -that the same or part thereof may be on the land of or owned by any other person or that any other person may have rights or interests in or to such water or the use thereof; storing (d) The right to collect and dam back water, notwith- standing that it may overflow other land ; 101 (e) The riffht to take or divert and use for or in con- R! e h * to 7? .ji ! i * i take wat nection with the working of his own mine or quarry and bring thereto for such use any speci- fied water, and to construct and maintain dams and other works and do all other things neces- sary or convenient therefor ; (/) Rights of way or passage through or over any land JJJf bl f or water, and the right to construct, improve, roads, t maintain and use suitable roads, tramways, tra aerial tramways, channels, waterways, passages etc- and other means of transit and transportation upon, through or over any land or water, to- gether with such other rights of entry upon and use of land and water as may. be necessary or convenient therefor; (gr) The right to transmit electricity or any other kind Transmit of power, or have it transmitted, through or electricity. over any land or water in any form or manner and to do everything necessary or convenient therefor ; (A) The right to enter upon and use for or in connec- Enterin* tion with the working of his own mine or quarry "s^ a specified area of other land ; land - (t) The right to deposit tailings, slimes or other waste products upon any land, or to discharge the same into any water, the effect of such de- posit or discharge not being injurious to life or health. (2) No such right shall be granted unless any injury damage caused to any other person thereby can be adequately tIoiL compensated for, nor unless in all the circumstances it seems reasonable and fitting to grant the same; and in the exercise of any right so granted no unnecessary injury or damage shall be done to the land, property, rights or interests of other persons, and all injury and damage which may be caused to any person by the granting and exercise of any right obtained under this section shall be fully compensated for. (3) The order or award granting the right shall fix such Ho w fixed. compensation, or shall provide for the ascertainment thereof and shall contain any provisions that may be deemed proper for securing the same and for protecting the rights and in- 102 terests of any person whose land, property, rights or in- terests are affected or endangered, and if deemed proper may require the applicant to make grants or concessions to or con- struct works or do any other thing for, or for the benefit of, any such person or his land or property, and such order or award may in all cases be upon such terms and may grant the right upon such conditions and for such time as may be deemed meet. Material to be filed on applica- tion. (4) In every application for such an order or award the applicant, in addition to anything else required or directed, shall file in duplicate with the Commissioner a clear and precise statement of the right or rights being applied for, of the land or property affected, and the owner or owners thereof so far as the same can be ascertained, a map or plan of the locality showing the land and water involved, and definite and detailed plans and specifications of the works or things proposed to be constructed or done; and for the purpose of preparing the same the Commissioner may authorize the applicant, his engineers and assistants, to enter upon the land of any other person and make such examina- tions and measurements as may be necessary, and such state- ment, map or plan, and plans and specifications may by order be amended or altered or modified at any stage of the proceedings. The Commissioner may give directions as te the notice to be given to the parties interested, the time and manner of service, and the particulars to be furnished to such parties respectively. Rights con- ferred to run with the lands. Application to patented (5) All rights and benefits, and burdens and obligations, created under this section shall run with and be appurtenant and incident to the mine, quarry, mining lands, mining rights and the other land, property, rights and interests in respect of which they are created. (6) This section shall apply to and against patented, as well as unpatented land, rights and interests, whether owned or held by a corporation or company or a mining or other partnership or by a private person, but nothing contained therein 'or done thereunder shall, without the consent of the Minister, affect any Crown lands or any public interest. oommis- (7) The Commissioner for good cause shown and on such cha n n!e may terms as may seem just, may by subsequent order or award award 01 " at any time change, supplement, alter, vary or rescind any order or award made under the authority of this section. 103 (8) Rights granted under this section shall not be exer- JJ*^* 1 ^ cised until the time for appealing from the order or award cised until granting the same has expired, or where an appeal is entered, p"!tion~o until the appeal is .disposed of, but from and after such time, subject to any restriction or postponement provided for in the order or award, the person to whom any such right is granted may enter upon any land or property and exercise the right so granted, and any person who after such time ob- structs the exercise of any such right or wilfully neglects or refuses to obey any order or award made under this section shall be guilty of an offence against this Act, and, in addi- offence and tion to any other liability, shall incur a penalty not exceed- penalty- ing $250, for each day such obstruction, neglect or refusal continues. 2 Geo. V. c. 8, s. 28. REGULATIONS BY ORDER IN COUNCIL. 188. (1) The Lieutenant-Governor in Council may Lieutenant- make such rules and regulations as he may deem necessary co > uncnmay for carrying out the provisions of this Act or to meet cases make reguia- which may arise for which no provision is made in the Act, carry out or when he deems the provision made to be ambiguous orAc^ 81 ' doubtful, and may impose penalties not exceeding $200 or not exceeding three months' imprisonment for the violation of any such rule or regulation. (2) The Lieutenant-Governor in Council may make such Regulation! regulations as he may deem necessary for the opening, con- fng io T <* a ~ struction, maintenance and use of roads to, through or over dltcnes etc - mining claims, mining locations or lands heretofore or here- after sold or granted as mining lands or recorded as mining claims or locations, and for the opening, construction, main- tenance and use of ditches, aqueducts or raceways through, over or upon such claims, locations or land for the convey- ing and passage of water for mining purposes. (3) Rules and regulations made under the provisions of Regulation! this section shall have force and effect only after the same pubifshed in shall have been published in the Ontario Gazette, and if made g^^"'"^ when the Assembly is sitting shall be laid before the As- laid before sembly during the then Session, and if made at any other time As shall be laid before the Assembly within the first fifteen days of the Session next after the date thereof, and in case the Assembly at such Session, or if the Session does not continue for three wreks after such rules or regulations are laid before the Assembly, at the ensuing Session, disapproves by resolu- tion of such rule or regulation either wholly or in part, the 104 rule or regulation, so far as the same is disapproved, shall have no effect from the time such resolution is passed. 8 Edw. VII. c. 21, s. 187. consent of owner. 189 - Wit h the consent of the Lieutenant-Governor * n Council, and on such terms as he may see fit, any corn- Division pany authorized to supply electrical power or energy or on ia e ndl ne compressed air or both may from time to time construct, maintain and operate transmission lines, air pipe lines, sub- stations and other conveniences for the transmission of elec- trical power or energy or compressed air or both in and through any mining division and for any such purposes may enter upon, take and use any mining lands or any privilege or easement required by such company for such purposes without the consent of the owner thereof, but subject to the payment of such compensation or annual rent for the privi- lege or easement required, and authorized as may be deter- mined by the Lieutenant-Governor in Council, and the Lieu- tenant-Governor in Council may from time to time revoke or vary the terms upon which any right conferred under the authority of this section may be exercised. 1 Geo. V. c. 17, s. 45 (1). 19O. Fees shall be payable under this Act according to the tariff in the Schedule hereto, and except as otherwise mentioned shall be for the use of Ontario. 8 Edw. VTT, c. 21, s. 188. ON CANCELLATION OF PATENT, LANDS AND RIGHTS TO REVEST IN CROWN. Land* and 191. Whenever a patent or lease of mining lands, or min- t8 ing rights, is by proceedings in the Supreme Court at the in- 1 s t ance f the Crown repealed or avoided, such lands and f mining rights shall thereupon become and be withdrawn from exploration, discovery, staking out, lease, or sale; and of every discovery upon and claim to such lands or mining rights and to the mines or minerals on, in or under such lands made or existing at any time before the repeal or avoidance of the patent or lease shall become and be abso- lutely null and void; and such lands, mining rights, mines and minerals shall be thenceforth vested in the Crown freed and discharged of and from every claim. 8 Edw. VII. c. 21, s. 189. 105 DEFAULT OF LESSEE UNDER MINES ACT, 1897. 192. If default is made by the lessee of a mining loca- Forfeiture of tion leased under the authority of The Mines Act, chapter SeSr'suIt** of the Revised Statutes of Ontario, 1897, in the payment of c ' 36- rent the lease shall be forfeited, but the lessee may defeat the forfeiture^ by payment of the full amount of rent within ninety days from the day when the same became payable; and in default thereof the lease shall be absolutely forfeited and void, any statute or law to the contrary notwithstanding, and all claims of the lessee or his assigns shall from and after such period forever cease and determine. 8 Edw. VII. c. 21, S . 190. - (1) Upon the failure of any one or more of sev- Default eral co-owners or co-lessees of a location to contribute his or ^ f a their proportion of the expenditures or of the rental neces- co-owners or sary to hold such location, the co-owners or co-lessees who c " le have performed the labour or made the improvements or paid the rent as required by the provisions of The Mines Act, chapter 36 of the Kevised Statutes of Ontario, 1897, may, at the expiration of the year, give such delinquent co-owner or co-lessee, or in case of his death, his personal representative notice in writing, served personally or by registered post, ad- dressed to his last known place of abode, calling upon him to make the" necessary payment ; and if upon the expiration of three calendar months from such notice the delinquent co- owner or co-lessee or his personal representative shall have failed to contribute his proportion to meet such expenditure or rental, upon report thereof by the Deputy Minister of Mines, the Minister of Lands, Forests and Mines may order that the interest of the delinquent co-owner or co-lessee in the location shall become the property of and be vested in bis co-lessees or co-owners who have made the expenditures or paid the rent, or if the Minister thinks fit to refer the matter to a Judge of the High Court Division, the Judge shall have authority to make the like order. (2) In case of the death of a delinquent co-owner or co Death of lessee either before or after default in respect of his share, delinquent and no person has taken out administration to his estate or has obtained probate of his will, the notice provided for in the preceding subsection may be given to his heirs. 8 Edw. VII. c. 21, s. 191. 194. The next two preceding sections shall be deemed to Section b s e 1 a 12 ' have been in force in the same manner and to the same ex- iominuaUon tent as if Chapter 36 of the Revised Statutes, 1897, had not f ^ e ? r R?;. been repealed, and it is declared that the Minister of Lands stat - 106 tease of mineral roads. after and Mines and the Minister of Lands, Forests and Mines have each had all the powers by the said Revised Statute con- ferred upon the Commissioner of Crown Lands with respect to the matters provided for by the said sections and that the Deputy Minister of Mines has had with respect to such mat- ters, all the powers by the said Revised Statutes conferred upon the Director of the Bureau of Mines. 8 Edw. VII. c. 21, s. 192. 195. (1) The corporation of any county, or township in that part of the Province lying south of the French River, Lake Nipissing and the River Mattawan wherever minerals are found, may sell or lease, by public auction or otherwise, the right to take minerals found upon or under any roads over which the township or county has jurisdiction, if con- sidered expedient so to do. (2) ISTo such sale or lease shall take place until after due notice of the intended by-law has been posted up in six of the most public places in the immediate neighbourhood of such road, for at least one month, previous to the time fixed for considering the by-law. sale or (3) The deed of conveyance or lease to the purchaser interfere 10 or lessee under the by-law, shall contain a proviso protecting with public tjj e road for public travel, and preventing any user of the granted rights which would interfere with public travel. in northern (4) In the remaining portions of Ontario the mines, Province. minerals and mining rights in, on or under all com- mon and public highways and road allowances shall be and are hereby vested in His Majesty, and may be sold, leased or otherwise disposed of under this Act. Where any mining location or mining lands adjoin a common and public highway or road allowance, and the mineral vein or deposit thereon extends into or under such highway or road allowance, the owner or owners thereof shall have the right to purchase or lease the mines, minerals and mining rights in, on or under the same, subject to the provisions of this Act, or where there are mining locations or mining lands on both sides of such highway or road allowance the said rights shall accrue to the owner or owners on both sides thereof as respects the half of such highway or road allow- ance adjoining his or their lands. This subsection shall not apply to highways on lands heretofore granted by the Crown under this Act, or in the grant whereof the mines and min- erals were not reserved to the Crown. 107 (5) The patent or lease of such mines, minerals and min- Patent or ing rights shall contain a proviso protecting the road for pub- protect lie travel and preventing any user of the granted rights which travel. would interfere with public travel unless and until a road in lieu thereof has been provided and accepted by the muni- cipal corporation having control of the road. (6) Subsections (4) and (5) shall not affect any rights acquired from or any agreement made or entered into with rights any municipal corporation under this section prior to the lst pr< day of May, 1904. 2 Geo. V. c. 8, s. 30. SCHEDULE. THE MINING ACT OF ONTARIO. APPENDIX OF FORMS. Form 1. Miner's License. (See sec. 23 (1).) " 2. Affidavit verifying copy of license to Company to transact business in Ontario. (See sec. 23 (6).) " 3. Renewal of Miner's License. (See sec. 27.) " 4. Application to record a Mining Claim. (See sec. 59 (1).) " 5. Application for a Free Grant. (See sec. 59 (2).) " 6. Affidavit of discovery and staking out of a Mining Claim. (See sec. 59 (3).) " 7. Affidavit showing right to Free Grant. (See sec. 63 (1).) 8. Dispute against a Recorded Claim. (See sec. 63 (1).) 9. Affidavit verifying a dispute. (See sec. 63 (1).) " 10. Certificate of Record of the staking out of a Mining Claim. (See sec. 64.) ' 11. Transfer of unpatented Mining Claim. (See sec. 72.) " 12. Affidavit of execution of transfer or other instrument. (See sec. 73.) " 13. Certificate that interest in claim in question. (See sec. 77 (2.) ' 14. Report of work. (See sec. 78 (3).) " 15. Affidavit verifying report of work. (See sec. 78 (3).) " 16. Certificate of performance of working conditions. (See sec. 78 (4).) " 17. Notice of intention to perform on one claim work for contiguous claims. (See sec. 78 (5).) " 18. Notice of abandonment of a Mining Claim, etc. (See sec. 82 (1).) " 19. Application for a Working Permit. (See sec. 94, par. (6).) " 20. Affidavit to accompany application for Working Permit. (See sec. 94, par. (&).) " 21. Certificate of Recorder of application for Working Permit to be affixed to No. 1 post. (See sec. 94, par. (c).) " 22. Working Permit. (See sec. 94 (2).) " 23. Notice of application for Working Permit to be posted up by Mining Recorder in his office. (See sec. 95.) " 24. Notice of issue of Working Permit to be affixed to No. 1 post. (See sec. 97.) 8 MA 108 Form 25. Transfer of Working Permit. (See sec. 100.) " 26. Renewal of Working Permit. (See sec. 101.) " 27. Application for Patent of a Mining Claim. (See sec. 106 (2).) " 28. Boring Permit. (See sec. 119 (2).) " 29. Application for Boring Permit. (See sec. 119, par. (6).) " 30. Affidavit to accompany application for Boring Permit. (See sec. 119, par. (6).) " 31. Transfer of interest in Boring Permit. (See sec. 119 (7).) ' 32. Certificate of Mining Partnership. (See sec. 122 (1).) " 33. Revocation of appointment of agent of a Mining Partner- ship. (See sec. 122 (5).) " 34. Certificate of appointment of new agent of a Mining Part- nership. (See sec. 122 (5) and (6).) " 35. Transfer of share in a Mining Partnership. (See sec. 122 (7).) ' 36. Dissolution of a Mining Partnership. (See sec. 122 (9).) " 37. Notice of Appeal to Mining Commissioner. (See sec. 133 (3).) " 38. Notice of claim or dispute. (See sec. 136 (4).) (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 1. (See sec. 23.) Department of Lands, Forests and Mines. No. Fee $ (Name of place of issue and date of issue.) 191 . MINEB'S LICENSE. This License Is issued to called the Licensee, of the of In consideration of the payment of a fee of dollars, under and subject to the provisions of The Mining Act of Ontario, to be In force until and including the 31st day of March next succeeding the date hereof, and is not transferable. Mining Recorder of Mining Division Stub for Form 1. MINEB'S LICENSE. No. Fee Name of Mining Division. Name of licensee. Of Date of issue 109 (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 2. (See sec. 23 (6).) Department of Lands, Forests and Mines. AFFIDAVIT VERIFYING COPY OF LICENSE TO A COMPANY TO TRANSACT BUSINESS IN ONTARIO. County (or District) of I O 'f the of in the of To Wit: J make oath and say: 1. That I am Secretary (or President, etc.) of (a) 2. That hereto annexed is a true copy of the license issued by the Provincial Secretary of the Province of Ontario, authorizing (a) to transact business in the Province of Ontario. Sworn before me at in the of this day c 191 . A Commissioner for taking affidavits, or Notary Public, or Mining Recorder. (a) Insert corporate name in full. (Coat of Arms.) THE MINING ACT OF ONTARIO. Form S. (See sec. 27.) Department of Lands, Forests and Mines. No. of License renewed Fee $ No. of Renewal (Place and date of issue of Renewal.) 191 . RENEWAL OF MINER'S LICENSE. This Renewal of Miner's License No. issued by the Mining Recorder of Mining Division, on the day of , 191 , to of called the licensee, is issued to the licensee In consideration of the payment of the fee of dollars, and under and subject to the provisions of The Mining Act of Ontario, renews the said license until and including the 31st day of March next succeeding the date hereof, and Is not transferable. Mining Recorder of Mining Division. . 110 Stub of form 3. RENEWAL OF MINEB'S LICENSE. No. of License renewed Fee $ No. of Renewal Name of Licensee Name of Mining Division Date of issue of original License Date of issue of Renewal (Coat of Arma.) THE MINING ACT OF ONTARIO. Form 4. (See sec. 59 (1).) Department of Lands, Forests and Mines. APPLICATION TO BECOBD THE STAKING our OF A MINING CLAIM. To the Mining Recorder of Mining Division: Application is hereby made under the provisions of The Mining Act of Ontario to record the staking out of a mining claim con- taining acres or thereabouts, composed of the area shown on the sketch or plan hereto attached and more particularly described as follows: The lengths of the outlines of the claim are as follows: The name of the claim is The discovery post is situate feet from No. 1 post. The discovery of valuable mineral in place, upon which this claim is based, was made on the day of 191 , at o'clock .m., by holder of miner's license No. The claim was staked out and the lines cut and blazed thereon on the day of , 191 . The claim was staked out and is to be recorded in the name of , who resides at , whose post office address is , and who is holder of miner's license No. , dated the day of , 191 , issued by the Mining Recorder of Mining Division. Dated at , this day of 191 . Name of applicant. License number. Note. // the applicant is not a resident of Ontario the name, residence an^ post office address of some person resident in Ontario, upon whom service may be made, must be given as follows: Service may be made iipon , who resides at , in Ontario, and whose post office address is Ill (Coat of Arms.) THE MINING ACT OP ONTARIO. Form 5. (See sec. 59 (2).) Department of Lands, Forests and Mines. APPLICATION FOB A FBEE GBANT. To the Mining Recorder of Mining Division. The undersigned, holder of Miner's License No. , issued by the Mining Recorder of . Mining Division, claims to be the first discoverer of valuable metal, ore or mineral, at a point which is not less than five miles from the nearest known mine, vein, lode or deposit of the same kind of metal, ore or mineral, as fol- lows: The discovery by me is of (a) The location of the discovery is as shown on the accompanying sketch or plan. The nearest mine, vein, lode or deposit of the same kind of metal, ore or other mineral, known to me, is at I claim to be entitled to the said mining claim without payment of purchase price according to The Mining Act of Ontario. I reside at , and my post office address is Dated at this day of 191 . Name of Licensee. Post office address of Licensee. (a) State the kind of metal, ore or mineral. (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 6. (See sec. 59 (3).) Department of Lands, Forests and Mines. AFFIDAVIT OF DISCOVERY AND STAKING our OP A MINING CLAIM. County (or District) of ) I, of th of in the To Wit: J of holder of Miner's license No. , dated the day of , 191 , issued by the Mining Recorder of Mining Division, make oath and say: 1. That on the day of 191 , at the hour of o'clock .m., I discovered valuable mineral In place upon the lands comprised in the mining claim described and shown in the application and sketch or plan hereto attached, and such discovery consisted of (Give particulars of discovery, kind of ore or mineral, also, if pos- sible, kind of rock enclosing it.) 2. That the said claim was staked out upon the said discovery on the day of , 191 , as shown in the said application and sketch or plan hereto attached. 112 3. That the distances given in the said application and sketch or plan are as accurate as they could reasonably be ascertained, and that all the other statements and particulars set forth and shown In the said application and sketch or plan are true and correct 4. That at the time of such staking out there was nothing upon the said lands to indicate that they were not open to be staked out as a mining claim, and I verily believe that they were so open and that the said staking out is valid and should be recorded. 6. That there are upon the said land or the lot or part lot or section of which they form a part no buildings, clearing or improve- ments for farming or other purposes, except as follows: Sworn before me at In the of this day of A.D. 191 . Mining Recorder of Mining Division. (Coat of Arms.) THE MINING ACT OP ONTARIO. Form 7. (See sec. 59 (3).) Department of Lands, Forests and Mines. AFFIDAVIT SHOWING RIGHT TO FREE GBANT. County (or District) of 1 I, of in the of To Wit: J make oath and say: 1. That the statements contained in the application by , holder of Miner's License No. hereto annexed, for a Free Grant of No. , are true and correct in every particular. Sworn before me at "\ in the of this i day of A.D. 191 . J Mining Recorder of . Mining Division. 113 (Coat of Arms.) THE MINING ACT OF ONTARIO. FormS. (See sec. 63 (1).) Department of Lands, Forests and Mines. DISPUTE AGAINST A RECORDED CLAIM. To the Mining Recorder of Mining Division: I, holder of Miner's License No. , hereby dispute Mining Claim No. , recorded in the name of , upon the lands known and described as 1. The said claim is illegal or invalid because (state fully how and why illegal or invalid). 2. (// it is claimed that the disputant or another licensee in whose behalf he is acting is entitled to be recorded for or is entitled to any right or interest in the lands or mining rights, or any part thereof, a statement to that effect must here oe inserted, giving particulars.) I reside at , and my post office address is Dated this day of , 191 . Signature of disputant Address for service (This must be a place within 5 miles of Recorder's office.) (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 9. (See sec. 63 (1).) Department of Lands, Forests and Mines. AFFIDAVIT VEBIFTINQ DISPUTE. County (or District) of \ To Wit: / I, of the of in the of , holder of Miner's License No. , make oath and say: 1. I am the licensee signing the dispute attached hereto. 2. I have personal knowledge of the matters in said dispute men- tioned, and I swear that the statements therein set forth are true and correct in substance and in fact. 3. The said dispute is, as I verily believe, one that is justified according to The Mining Act of Ontario, and the said dispute is not made for any improper purpose. Sworn before me at x in the of this I day of A.D. 191 . Mining Recorder of Mining Division. 114 (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 10. (See sec. 64.) Department of Lands, Forests and Mines. No. Fee * CEBTIFICATE OF RECORD OP STAKING OUT OF MINING CLAIM. I hereby certify that I have this day granted to of the holder of Miner's License No. , dated day of 191 , (issued by the Mining Recorder of the Mining Division), a certificate of record of mining claim No. , known as , containing acres, more or less. Dated at , this day of , 191 . Mining Recorder of Mining Division. (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 11. (See sec. 72.) Department of Lands, Forests and Mines. TBANSFEB OF UNPATENTED MINING CLAIM. The undersigned, holder of Miner's License No. , issued by the Mining Recorder of Mining Division, in consideration of the sum of dollars (receipt whereof is hereby acknowledged), doth hereby transfer to who resides at , whose post office address is and who is holder of Miner's License No. .issued by the Min- ing Recorder of Mining Division the interest of the undersigned in Mining Claim No. in the Mining Division, particularly described as follows: Dated at , this day of , 191 . Witness, Signature of Transferor. Note 1. If transferee is not a resident of Ontario the name, resi- dence and post office address of some person resident in Ontario, upon whom- service may be made, must "be given, as follows: Service may be made upon , who resides at in Ontario, and whose post office address is Note 2. Affidavit, Form 12, must oe attached. 115 (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 12. (See sec. 73.) Department of Lands, Forests and Mines. AFFIDAVIT OF SUBSCRIBING WITNESS VERIFYING TRANSFER OR OTHER INSTRUMENT. County or District of If of the of , in the County (or District) of , make oath and say: 1. That I was personally present and did see the annexed (or within) instrument signed and executed by , one of the parties thereto; 2. That the said instrument was executed at ; 3. That I know the said party; 4. That I am a subscribing witness to the said instrument. Sworn before me at in the of this day of , 191 (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 13. (See sec. 77 (2).) Department of Lands, Forests and Mines. CERTIFICATE THAT INTEREST IN CLAIM IN QUESTION. I certify that in a proceeding commenced by who resides at , and whose post office address Is , an interest is called in question in Mining Claim (or as the case may te) No. , recorded in Mining Division in the name of upon the following lands: The nature of the proceeding is Dated this day of , 191 . Mining Commissioner or Mining Recorder. (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 14. (See sec. 78 (3).) Department of Lands, Forests and Mines. REPORT OF WORK, (a) To the Mining Recorder of Mining Division: I, the undersigned, holder of Miner's License No. (Issued by the Mining Recorder of Mining Division), being the holder of (6) No. comprising the lands known and described as hereby state and report that I (c) have in conformity with The Mining Act of Ontario performed or caused to be performed thereon days' work, not before reported, consisting of 116 and that the names and residences of the men who performed the said work and the dates upon which each man worked in its per- formance are as follows: I reside at , and my post office address is Dated at , this day of , 191 . Name of Licensee. (a) This report must be filed with the Mining Recorder not later than ten days after th etime within which such mining operations are required to be performed. (6) State whether mining claim, quarry claim or working permit. (c) Or , on my behalf, (as the case may be). (Coat of Arms.) THE MINING ACT OP ONTARIO. Form 15. (See sec. 78 (3).) Department of Lands, Forests and Mines. AFFIDAVIT VERIFYING REPORT OF WORK. County (or District) of I of the of f in the of To Wit: J make oath and say: 1. That the statements contained in the annexed report by , the holder of Miner's License No. to the Mining Recorder of Mining Division, relating to the per- formance of mining operations on (a) No. are true and cor- rect in every particular. 2. That the statement contained in the preceding paragraph is based upon the following information: Sworn before me at the of \ Name of Licensee. in the of this day of f P. 0. address of Licensee. A.D. 191 . Mining Recorder of Mining Division. (a) State whether mining claim, quarry claim or working permit. (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 16. (See sec. 78 (4).) Department of Lands, Forests and Mines. No. Fee $ Name of place of issue and date of issue. 191 . 117 CERTIFICATE OF PERFORMANCE OF WORKING CONWTIONS. (a) This Is to certify that of , holder of Miner's License No. (issued by Mining Recorder of Mining Division) licensee of (a) has performed all neces- sary mining operations on the said (a) to my satisfaction for the period of months (or year) ending the day 191 . Mining Recorder. (a) State whether mining claim, quarry claim or working permit. Stub for Form 16. No. Date Name of Licensee Number of License Name of Mining Claim (Coat of Arms.) THE MINING ACT OP ONTARIO. Form 17. (See sec. 78 (5).) Department of Lands, Forests and Mines. NOTICE OF INTENTION TO PERFORM ON ONE MINING CLAIM WORK FOB CONTIGUOUS CLAIMS. To the Mining Recorder of the Mining Division: I, the undersigned holder of Miner's License No. , (issued by the Mining Recorder of Mining Division) hereby notify you that I am holder of mining claims numbers and , which are contiguous to each other, and that during the years 191 and 191 It is my intention to per- form upon said Mining Claim No. all the work required by the provisions of The Mining Act of Ontario, to be performed upon said mining claims. I reside at , and my post office address Is Dated at , this day of , 191 . Name of Licensee. (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 18. (See sec. 82 (1).) Department of Lands, Forests and Mines. NOTICE OF ABANDONMENT OF A MINING CLAIM, ETC. To the Mining Recorder of Mining Division: The undersigned, holder of Miner's License No. Issued by the Mining Recorder of Mining Division, and holder of Mining Claim No. hereby abandons all interest in said mining claim, and authorizes you to record such abandonment In the books of your office. 118 1 reside at , and my post office address is Dated at this day of , 191 . Name of Licensee. P. 0. address of Licensee. Note // quarry claim, working permit or boring permit, modify form accordingly. (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 19. (See sec. 94, par. (6).) Department of Lands, Forests and Mines. APPLICATION FOB WORKING PERMIT. The undersigned , holder of Miner's License No. , dated the day of 191 , issued hy the Mining Recorder of the Mining Division, hereby applies to the Mining Recorder of the Mining Division for a working permit of the area consisting of acres, more or less, according to the sketch or plan attached hereto, more particularly described as follows: The area was staked out and the lines cut and blazed on the day of 191 , and the name by which the said area may be known is I reside at , and my post office address is Dated at , this day of , 191 . Signature of Licensee in full. Note. // the applicant is not a resident of Ontario, the name, residence and post office address of some person resident in Ontario, upon whom service may be made, must be given, as follows: Service may. be made upon , who resides at , in Ontario, and whose post office address is (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 20. (See sec. 94, par. (6).) Department of Lands, Forests and Mines. AFFIDAVIT TO ACCOMPANY APPLICATION FOR WORKING PERMIT. I, of the of in the of holder of Miner's License No. dated 191 issued by the Mining Recorder County (or District) of To Wit: of Mining Division, make oath and say: 119 1. That the sketch or plan hereto attached Is correct and cor- rectly shows the location of the posts referred to in the annexed application for working permit, and their distances from each other in feet as accurately as I could reasonably ascertain the same, and all the other statements in said application are true and correct. 2. That at the time of staking out the area described in said application there was nothing on said area to indicate that it was not open to be staked for a working permit, and I know of no reason why said application is not valid, and I verily believe that I am entitled under the provisions of The Mining Act of Ontario to make the said application. 3. That the application for the said working permit is made on behalf of of the of in the of , holder of Miner's License No. dated the day of 191 , issued by the Mining Recorder of Mining Division. Sworn before me at the of In the of this day of A.D. 191 . Mining Recorder of Mining Division. (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 21. (See sec. 94, par. (c).) Department of Lands, Forests and Mines. CERTIFICATE OF MINING RECOBDEB OF APPLICATION FOB WOBKING PEBMIT TO BE AFFIXED TO No. 1 POST. The undersigned hereby certifies that of , the holder of Miner's License No. dated the day of 191 , and issued by the Mining Recorder of the Mining Division has this day applied to me for a working permit of the area described as follows: said to have been staked out by said licensee for himself or , holder of Miner's License No. dated the day of 191 , issued by the Mining Recorder of the Mining Division, (or, as the case may 6e), on the day of 191 , Dated at the day of 191 . Mining Recorder of Mining Division. 120 (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 22. (See sec. 94 (2).) Department of Lands, Forests and Mines. No. Fee $5.00. WOBKING PEBMIT. Pursuant to the provisions of The Mining Act of Ontario, and subject thereto, a Permit is hereby granted to of , the holder of License No. , dated this day of 191 , issued by the Mining Recorder of Mining Division to enter into exclusive possession, for the purpose of prospecting for minerals, of the area consisting of acres, more or less, defined in the sketch or plan attached hereto, and more particularly described as follows: and to work thereon during the period of six months from the day of the date hereof, together with such renewal (if any) as is con- tained in the renewal hereof endorsed hereon. Dated at , this day of , 191 . Mining Recorder of Mining Division. (Coat of Arms.; THE MINING ACT OF ONTARIO. Form 23. (See sec. 95.) Department of Lands, Forests and Mines. NOTICE TO BE POSTED UP BY THE MINING RECOBDEB IN HIS OFFICB OF THE APPLICATION FOB A WOBKINQ PEBMIT. Notice is hereby given that of the holder of Miner's License No. , dated the day of 191 , and issued by the Mining Recorder of Mining Division, has this day applied to me for a Working Permit of the area described as follows: said to have been staked out by said licensee for himself, or holder of Miner's License No. , dated the day of , 191 , issued by the Mining Recorder of Mining Division, (or as the case may le) on the day of 191 . Dated at the . day of 191 . Mining Recorder of Mining Division. 121 (Coat of Arms.) THE MINING ACT OP ONTARIO. Form 24. (See sec. 97.) Department of Lands, Forests and Mines. NOTICE OF ISSUE OF WORKING PERMIT TO BE AFFIXED TO No. 1 POST. I hereby give notice that on the day of 191 , a Working Permit, under the provisions of The Mining Act of Ontario, was issued by me to , the holder of License No. , dated the day of 191 , issued by the Mining Recorder of the Mining Division, such Working Permit being for (insert description of land) and to run for six months from the day of the date of same. Dated at , this day of , 191 . Mining Recorder of Mining Division. (Coat of Arms.) THE MINING ACT OP ONTARIO. Form 25. (See sec. 100.) Department of Lands, Forests and Mines. TRANSFER OF WORKING PERMIT. The undersigned, holder of Miner's License No. (Issued by the Mining Recorder of Mining Division), In con- sideration of the sum of dollars, (receipt whereof is hereby acknowledged), hereby transfers to , who resides at , and whose post office address Is , and who is holder of Miner's License No. (issued by the Mining Recorder of Mining Division), (a) of the undersigned, in Working Permit No. , dated the day of 191 , issued by the Mining Recorder of Mining Division. Dated at , this day of , 191 . Witness. Signature of Transferor. Post office address of Transferor. (a) State interest transferred. Note Affidavit, Form 12, must be attached. If transferee ia not a resident of Ontario, an address for service must be given, as shown in note under Form 11. 122 (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 26. (See sec. 101.) Department of Lands, Forests and Mines. RENEWAL OF WORKING PERMIT. (To be endorsed on original Working Permit.) The period within which of holder of Miner's License No. , is authorized to have exclusive possession, for the purpose of prospecting for minerals, of the area described in Working Permit No. , and to work same, is hereby renewed and extended until and including the day of , 191 . Dated at , this day of , 191 . Mining Recorder of Mining Division. (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 27. (Se.e sec. 106 (2).) Department of Lands, Forests and Mines. APPLICATION FOB PATENT OF A MINING CLAIM. To the Mining Recorder of Mining Division: The undersigned, holder of Miner's License No. , (issued by the Mining Recorder of Mining Division) and as holder of Mining Claim No. , applies for the issue of a patent thereof. All work to be performed thereon has been duly performed, and I now hand you dollars, the purchase money thereof, and request the issue of a patent thereof to of being the holder of Miner's License No. (issued by the Mining Recorder of Mining Division). I reside at , and my post office address is Dated at , this day of , 191 . Name of Licensee Applicant. Note. Tf the Aoolicant is not a resident of Ontario, an addresi for service must ~be given as shown in note under Form 4. 123 (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 28. (See sec. 119 (1).) Department of Lands, Forests and Mines. No. Fee * BORING PERMIT, (a). Pursuant to the provisions of The Mining Act of Ontario, and subject thereto, a Boring Permit is hereby granted to of , the holder of Miner's License No. dated the day of 191 , issued by the Mining Recorder of Mining Division, to enter upon and prospect the area set forth and described in the sketch or plan attached hereto, for petroleum, natural gas, coal or salt, and to work thereon during a period of one year from the day of the date hereof. Dated at ( this day of J A.D. 191 . ( Minister of Lands, Forests and Mines. (a) This permit is to be in duplicate, and one of such duplicates is to be retained in the office of the Bureau of Mines. (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 29. (See sec. 119 (6).) Department of Lands, Forests and Mines. APPLICATION FOR BORING PERMIT, (a). The undersigned, , holder of Miner's License No. , dated the day of 191 , (issued by the Mining Recorder of Mining Division), hereby applies to the Mining Recorder of Mining Division, for a Boring Permit to prospect for petroleum, natural gas, coal or salt, of the area consisting of acres, more or less, according to the sketch or plan attached hereto, more particularly described as follows: The area was staked out and posts were planted on the day of , 191 , and the name by which the said area may be known is I reside at , and my post office address is Dated at , this day of , 191 . Signature of Licensee in full, (a) This form must be in duplicate. Note. // the applicant is not a, resident of Ontario, an address for service must be given as shown in note under Form 4- 9 M A THE MIXING ACT Of ONTARIO. Cor Dfatrict) of . I. !!*' 7: VN hereto attached hi correct, and eor- the lecatfoa of the aoits referred to hi the aaf* aapfleatfoa are trae aad correct. J, That I have ao haowledce of aad hare aerer heard of aay adfgrefcrfai to the haalat of a Bortos Ferarft ia the area deaerlhed 4, That the japlirafiom for Boring Permit la and* oa hehatf Of Of .:. ttl of , holder of Mfaer'a Llceaat Mo, hy the Miaiac Recorder of aj aj f *) T3M oJUovtf *MW* CCoat of Aram) THE M IXUWJ ACT OF O3TTABIO. (fte* M. lit (7),) T1*rlmr*t of L**4*. Forest* **4 Mine*. A The 4>fwfrjr4. holder of MfiMr*0 Lleeaat Mo, " Ml hj the Mtta* Boeorder of Mfafac Dlrtetooi, to -^ *,.*. . * '. < . aetoowtedavdK herehr tnuwfen to 1:: B] () 0am c* *s : - i; I :< 126 (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 33. (See sec. 122 (5).) Department of Lands, Forests and Mines. REVOCATION OF APPOINTMENT OF AN AGENT OF A MINING PAETNEBSHIP. The undersigned, being the majority in interest for the time being of the recorded members of the mining partnership known as " ," hereby revoke the appointment of of , the heretofore agent of the partner- ship, and hereby appoint of to be agent of the partnership, in the place and stead of the said Dated at , this day of A.D. 191 . Witness: Signatures of Partners. The undersigned, being the Agent above mentioned, hereby con- sents to act as Agent of the said partnership. Name of Agent. P. 0. address of Agent. (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 34. (See sec. 122 (5) and (6).) Department of Lands, Forests and Mines. CERTIFICATE OF APPOINTMENT OF A NEW AGENT OF A MINING PABT- NEBSHJP. The undersigned, being the majority in interest for the time being of the recorded members of mining partnership known as - ," hereby appoint of the of in the of to be the agent of the partnership, in the place and stead of of , formerly Agent of the partner- ship, and now deceased. Dated at , this day of , 191 . Witness: Signatures of Partners. 127 (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 35. (See sec. 122 (7).) Department of Lands, Forests and Mines. TRANSFER OF SHARE IN A MINING PARTNERSHIP. The undersigned, member of the mining partnership known as ," in consideration of the sum of dollars (receipt of which is hereby acknowledged) hereby transfers to of the of In the. county of share in the mining partnership, and hereby authorizes the Mining Recorder of Mining Division to record the transfer thereof in the books of his office. Dated at , this day of , 191 . Witness: Name of Partner. Post Office Address. (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 36. (See sec. 122 (9).) Department of Lands, Forests and Mines. DISSOLUTION OF A MINING PARTNERSHIP. This is to certify that the mining partnership which has hereto- fore existed between the undersigned, under the name of " ," is hereby dissolved, and the Mining Recorder of Mining Division is hereby authorized to record the dissolution thereof in the books of his office. Dated at , this day of , 191 . Witness: Signatures of Partners. (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 37. (See sec. 133 (3).) Department of Lands, Forests and Mines. NOTICE OF APPEAL TO THE MINING COMMISSIONER. In the Matter of Mining Claim No. (or as the case may be) Lot in the Concession, in the Township of (or as the case may 6e) Mining Division. Take notice that (I) holder of Miner's License No. , hereby appeal to the Mining Commissioner from the decision (or act or refusal) of the 128 Mining Recorder given (or done) on the day ot 191 , wherein (or by which) he (state briefly what is appealed against.) The grounds of objection to the decision (or act or refusal) are (state briefly in what respect and why the decision (or act or re- fusal) is claimed to be wrong). I reside at , and my post office address is Dated this day of , 191 . Name of Appellant Address for Service (This must be a place within 5 miles from the Recorder's Office.) To the Mining Recorder of Mining Division And to (names of adverse parties, if any). (Coat of Arms.) THE MINING ACT OF ONTARIO. Form 38. (See sec. 136 (4).) Department of Lands, Forests and Mines. NOTICE OF CLAIM OR DISPUTE. Take notice that I claim (or dispute) (state the nature of the claim or dispute) and that the grounds of my claim (or dispute) are the following (state briefly but clearly the nature of the claim or dispute). I reside at , and my post office address is Dated at , this day of 191 . To C.D. A.B. Note. If the person giving the notice is not a resident of Ontario, the name, residence and address of some person resident in Ontario, upon whom service may be made, must be given as follows: Service may be made upon , who resides at , in Ontario, and whose post office address is THE MINING ACT OF ONTARIO. SCHEDULE OF FEES. (Section 188.) 1. For a Miner's License or renewal thereof for an individual. (See sees. 23, 188) $5 00 2. For an individual Miner's License issued on or after 1st October in any year. (See sees. 23, 188) 3 00 3. For a Miner's License or renewal thereof for a mining partnership where not more than two partners. (See sees. 23, 188) 5 00 129 4. For a Miner's License or renewal thereof for a mining partnership where more than two but not more than five partners. (See sees. 23, 188) $10 00 5. For a Miner's License or renewal thereof for a mining partnership where more than five partners. (See sees. 23, 188) 2000 6. For a Miner's License or renewal thereof for a Com- pany where capital authorized by letters patent or license under The Extra Provincial Corporations Act does not exceed f 40,000. (See sees. 23, 188) 25 00 7. For a Miner's License or renewal thereof for a Company where capital authorized by letters patent or license under The Extra Provincial Corporations Act is over $40,000, but not exceeding $100,000. (See sees. 23, 188) 50 00 8. For a Miner's License or renewal thereof for a Com- pany where capital authorized by letters patent or license under The Extra Provincial Corporations Act is over $100,000, but not exceeding $500,000. (See sees. 23, 188) 75 00 9. For a Miner's License or renewal thereof for a Com- pany where capital authorized by letters patent or license under The Extra Provincial Corporations Act is over $500,000, but not exceeding $1,000,000. (See sees. 23, 188) 100 00 10. And for each additional $1,000,000 or fraction thereof. (See sees 23, 188.) Provided that in cases where the authorized capital of any such company is over $1,000,000, and it is by affidavit of the president or secretary thereof proven to the satisfaction of the Minister or Deputy Minister of Mines that any part of such capital is actually being used in some other business enterprise, and not in mining business with- in Ontario, such part may be deducted in fixing the license fees herein provided for 100 00 11. Whenever a Miner's License for a mining partnership or for a company is issued on or after 1st October in any year, the fee shall be only one-half the amount above specified. 12. For recording each claim applied for on a license. (See sees. 59 (1), 188) 1000 13. For examining Claim Record Book, per claim. Fee to be for Recorder's own use. (See sees. 8, 188) 10 14. For inspecting any document filed with a Mining Recorder. Fee to be for Recorder's own use. (See sees. 9, 188) 10 15. For recording a dispute per claim. (See sees. 63, 188) 10 00 16. For certificate of record of claim. (See sees. 64, 188) 1 00 17. For certificate of performance of working conditions. (See sees. 78, (4), 188) 1 00 18. On filing appeal from Recorder's decision. (See sees. 133,188) 1000 19. On filing appeal from Commissioner's decision. (See sees. 151, 188) 20 00 21. For filing transfer or agreement to sell or transfer the whole or part of a mining claim, quarry claim, work- ing permit or boring permit, power of attorney, revo- cation of power of attorney, copy of writ of execution, discharge of execution, or any other instrument affect- ing any recorded claim, right or interest, per claim. (See sees. 73, 100, 119 (7), 188) 2 00 22. For a " Substituted Miner's License." (See sees. 28, 188) 1 00 130 23. For Special Renewal License under section 85, par (a), to save forfeiture, twice the prescribed license fee. 24. For filing report of work under section 85, par. (b), to save forfeiture $25 00 25. For certificate relieving from disqualification under sec- tion 57 20 00 26. For recording extension of time for performing work- ing conditions or making application and payment for patent or lease, per claim. (See sees. 80, etc., 188) 1 00 27. For recording an order or judgment of the Mining Com- missioner or made on appeal from him. (See sees. 77 (1), 188) 1 00 28. For recording a certificate that interest in claim or other recorded right or interest is called in question, per claim. (See sees. 77 (2), 188) 1000 29. For receiving and recording application for a working permit and giving certificate therefor. (See sees 94 (6), 188) 500 30. For issuing working permit. (See sees. 94 (2), 188).. 5 00 31. For renewal of working permit. (See sees. 101, 183). . 1 00 32. For filing certificate of mining partnership or certified copy thereof. (See sees. 122 (2), 188) 1 00 33. For recording certificate of revocation of Agent and appointment of new Agent for mining partnership. (See sees. 122 (5), 188) 1 00 34. For recording transfer of share or shares in a mining partnership. (See sees. 122 (7), 188) 25 35. For copies or certified copies of any document, paper or record obtained from any officer, per folio 10 36. Additional fee for Recorder's own use with every ap- plication for a mining claim, quarry claim, working permit and boring permit, including swearing the affidavit, if sworn before the Recorder and for every other affidavit sworn before a Recorder 25 37. For abstract or copy of entries in Record Book respect- ing any mining claim, per claim 25 38. For filing an application for a mining claim under sec- tion 62, subsection (2) 10 00 8 Edw. VII. c. 21, Schedule; 10 Edw. VII. c. 26, s. 45 (2) ; 2 Geo. V. c. 8, s. 29 ; 5 Geo. 7. c. 13. INDEX (The References are to the Sections of the Act.) Abandonment of claim, ss. 82, 83, 85 (3). of appeal to Divisional Court, s. 151 (3). Accidents, inquest on, s. 163. liability of contractor for, s. 175. notice of, s. 168. prevention of, ss. 162, 164. special report on, s. 173. Actions, reference of, s. 128. Address for service, in applications, transfers, etc., s, 69. in disputes, s. 63 (3). in notice of appeal to Commissioner, s. 133 (4), (5). Affidavit, of discovery with application for mining claim, s. 59 (3), (Form 6). of execution of transfer, etc., s. 73, Form 12. showing right to free grant, s. 59 (3), Form 7. verifying dispute, s. 63, Form 9. verifying report of work, s. 78 (3), Form 15. verifying license of company, s. 23 (6), Form 2. with application for working permit, s. 94 (&), Form 20. with application for boring permit, s. 119 (6), Form 30. "Agent," meaning of, s. 2 (a). Agreements, ss. 71, 73. Aids to injured, s. 164 par. 56-58. Antidotes and washes, s. 164 par. 54. Appeal, from Commissioner, ss. 134, 151, 137 (5), 139 (3). from Divisional Court, ss. 152, 153. from inspection and cancellation of claim, s. 91 (3). from Recorder, s. 133, Form 37. in respect of working permit matters, s. 103. in respect of surface rights compensation, s. 104. in respect of performance of work, s. 78 (4). Application of Act, s. 3 Application for boring permit, s. 119 (6), Form 29. for free grant, s. 59 (2), Form 5. for mining claim, s. 59, Form 4. for patent, s. 106, Form 27. for working permit, s. 94 (6), Form 20. under old law, s. 3. Assayer, provincial, s. 6. Blasting of roast heaps, s. 164 par 17. Blasting on contiguous claims, s. 164 par. 19. Blasting, time of, s. 164 par. 19. Blazing of lines, s. 54 (e). Boring permits, s. 119, Form 28. Brake for hoisting machine, etc., s. 164 par 38. Building stone, s. 118. Buildings not to be erected nearer than 50 feet to mouth of a mine, s. 164 par. 41. Bureau of Mines, ss. 4, 178. when claims recorded with, s. 19. Cages for lowering or raising men, s. 164, par. 32o. Care by owner of mine essential, s. 164, par. 98. 131 132 Certificate of performance of work, s. 78 (4), Form 16. granting, finality and setting aside of, s. 78 (4). Certificate of Record, form of, Form 10. granting of, ss. 64, 90 (2). how far conclusive, s. 65. may be set aside for fraud or mistake, s. 66. rights under, s. 68. Certificate, that interest in claim, etc., in question, s. 77 (2), Form 13. Certificate, new agent of partnership, s. 122 (5), (6), Form 34. of application for working permit, s. 94 (c), Form 21. of mining partnership, s. 122 (1), Form 32. of performance of work, s. 78 (4), Form 16. relieving from effect of unlawful staking, etc., s. 57. Certiorari, not to issue, s. 154. Charge missing fire to be blasted, s. 164 par. 15. Claim. See mining claim. Clay, s. 118. Coal, ss. 119, 120. Co-holders, contribution between, ss. 81, 191, 192. expiry of license, s. 87. Commencement of Act, s. 194. Commissioner, means Mining Commissioner, s. 2 (6). appointment and qualifications of, s. 16. appeals to from Recorder, s. 133. appeals from, ss. 134, 151, 137 (5). appointment from, for a hearing, s. 136. costs before, ss. 145, 146. deciding on view, s. 139. decisions of, ss. 148-150. conclusive unless appealed, s. 151 (2). filing of, s. 148 (2). interlocutory not appealable, s. 137 (5). note of, to be entered, s. 149. notice of, s. 149. obtaining certified copy of, s. 150. to be on real merits, s. 140. directions for proceedings before, s. 137 (1). dismissing proceedings where vexatious, etc., s. 141. evidence -before, ss. 124, 137 (4), 138, 139, 144. experts, obtaining assistance of, s. 138. hearings before, place of, s. 137 (2), (4), (5). interlocutory applications, s. 137 (5). jurisdiction and powers of, ss. 123-129, 13 (1), 14, 37, 60, 63 (4), 77, 78 (4), 81, 85 (2), 88, 89, 94 (2), 97, 103-105, 145-147, 167. 183 (2), 187. obstruction of, s. 176 (d). orders of, enforcement of, s. 132. form of, etc., ss. 148-150. interlocutory, s. 137 (5). penalty for disobeying, s. 177. procedure before, ss. 135-144. proceedings to be prompt, s. 137 (3). references and transfers of actions to, ss. 128, 129. right to use Court room, etc., s. 142. Sheriffs and peace officers to assist, etc., s. 143. validity of proceedings before, ss. 154, 155. view toy, ss. 89 (3), 139. witnesses, procuring attendance of, s. 124. fees of, s. 147. Companies, ss. 22, 23 (4), (6), 25. Compensation for surface rights, ss. 104, 64, 94 (d). Constables, s. 15. Contiguous claims, blasting on, s. 164 par. 19. Continuing use of present appliances, s. 164 par. 93. Copy of rule to be kept posted, s. 164 par. 31. 133 Costs, ss. 131 (3), 136 (2), 141, 145, 146. security for, ss. 136 (2), 141. Covering mill holes in slopes, s. 164, par. 27. Cross-heads to be provided with safety appliance, s. 164 par. 33. Crown lands, meaning of, s. 2 (c). in forest reserves, ss. 44-46. may be withdrawn from prospecting and sale, s. 39. not open, ss. 36-43. open to prospecting and staking, s. 34. prohibiting mining work on, s. 48. prospecting on, etc., contrary to Act, s. 176 (a). sale for other purposes not affected, s. 3 (2). staking for Crown, s. 42. trespass on, s. 127. under timber license, s. 47. vest in Crown on cancellation of patent, s. 189. working, etc., on behalf of Crown, ss. 40, 43. Damage to property, wilful, s. 164 par. 96. Decease of staker or holder, provision in case of, s. 88. Deputy Minister, ss. 2 (e), 4. powers of, ss. 5, 19, 23, 27, 179 (3). Department, meaning of, s. 2 (d). Discoverer, may stake out mining claim, s. 35. when entitled to free grant, ss. 108, 59 (2), (3). Discovery of valuable mineral in place, what is, s. 2 (x). cancelling claim for lack of, s. 91. necessary for mining claim, ss. 67, 35. subject to inspection, ss. 89-93. when deemed conclusive, s. 92. Discovery of petroleum, gas, coal or salt, s. 120. Discovery of placer, s. 117. Discovery post, s. 54 (a). Disputing applications, s. 63, Form 8. Disputes, generally, ss. 123, 130, 131, 135, 136. Ditches, etc., making regulations for, s. 187 (2). Directions for proceedings, ss. 131, 137. Drainage, obtaining rights of, 186 (a). Dredging leases, s. 121. Dressing rooms, s. 164 par. 55. Drill holes, size of, s. 164 par. 16. Duty of miner when hole misses fire, s. 164 par. 14. Easements, obtaining, for working mines, 186 (a). Eight-hour day underground, s. 159. Electricity, use of, s. 164 par. 63. obtaining right to transit, 186 (a). Electrical apparatus. competent person to be in charge of, s. 164 par. 86. continuing use of, s. 164 par 95. damaging or interfering with, s. 164 par. 96. handling of, s. 164 par. 92 repairs, etc., s. 164 par. 91. requirements as to, s. 164 par. 64. safety in construction, s. 164 par. 70 Electrical machine rooms, fire buckets to be kept in, s. 164 par. 90. unauthorized persons not to enter, s. 164 par. 88. Electric current, firing by, s. 164 par. 5. Electric drilling machine, s. 164 par. 85. Electric energy, not to be used in thawing explosives, s. 164, par. 67. Electric wires, for firing shots, s. 164 par. 93 (1), (2) or cables in shafts, s. 164 par. 94. precautions to be taken with, s. 164 pars. 71.-77. to be enclosed, s. 164, par. 71. 134 to be grounded, s. 164 par. 71. to be supported on insulators, s. 164 par. 74. Employees in mines, ss. 157-161, 165, 182, 183. Enlistment, effect of on claim, s. 85, (3). Entrances, protection of, s. 164 par 54. Escapement shafts, s. 164 par. 40. daily examination of, s. 164 par. 40. Evidence, before Commissioner, ss. 124, 137 (4), 138, 139, 144. before Inspector, s. 173. before Recorder, ss. 130, 131. of Recorder's entries and documents, s. 10. when officers compellable to give, s. 13. Execution, enforcing against mining claims, s. 77 (5). Explosives, care of, s. 164 par. 3-18. cases for, s. 164 par 4. in excess of 24 hours supply not to be stored underground, s. 164 par. 7. magazine for, s. 164 par. 3. original packages of, strength to be marked, s. 164 par. 18. thawing by electric energy, s. 164 par. 67. thawing house and apparatus for, s. 164 par. 11. where stored in mines, s. 164 par. 6. Exploratory drilling, s. 186. Fatality, inquest on, s. 163. Pees under Act, s. 90 and schedule. Fencing abandoned mines, etc., s. 162. of shafts and other openings, s. 164 par. 24. Forfeiture, ss. 84-88. relief from, ss. 85, 86. Forest reserves, prospecting and claims in, ss. 44-46. Forms. See Schedule of Forms in appendix. Fraud, impeachment of claim for, s. 66. Free grant to first discoverer, ss. 108, 59 (2), (3). Frogs in tracks, s. 164 par. 52. Fuses and automatic cut-outs, how constructed, s. 164 par. 78. blasting caps, etc., storage of, 164 (8). Gas, natural, ss. 119, 120. General duty as to using care, s. 164 par. 98. Geologist, Provincial, s. 6. Girls and women employment of, s. 158. Gongs, etc., on hauling engines, s. 164 par. 53. Gravel, etc., s. 118. Hoisting with horse and pulley-block, s. 164 par. 35. Hooks, open, not to be used, s. 164, par. 36. Hours of employment underground, s. 159. Injunction, mandamus, prohibition, s. 154. "In place," meaning of, s. 2 (/). Inspector, meaning of, s. 2 (g). appointment of, s. 6. Deputy Minister has powers of, s. 5. ex officio Justices of the Peace, s. 14. obstruction of, s. 176 (d), (e). powers and duties of, ss. 172, 173, 179, 180, 159, 163, 164, par. 2, 8, 36 and 44. Inspection of claims, ss. 89-93. cancelling claim on report of, s. 91 (2). in complete inspection areas, ss. 64, 90. notice of, s. 89 (2). of explosives, etc., by manager, s. 164 par. 10. offence to be reported to Inspector or Crown Attorney, s. 164 (10) (o). ' 135 outside complete Inspection areas, ss. 64, 89. report of, ss. 91, 93. when and by whom may be made, ss. 89, 90. Inquest in case of fatality, s. 163. Interpretation clause, s. 2. Interlocutory applications, s. 137 (5). Intoxicated person not to enter mine, s. 164, par. 97. Iron or steel not to be used in charging holes, s. 164 par. 13. Jackpine, using for mining purposes, s. 112 (1). Joint holders, license expiring, s. 87. contribution to work, ss. 81, 191, 192. Justices of the Peace, certain officers to be, s. 14. Keeping water supply to lay dust, s. 164 par. 60. Ladder, foot, or passage in shaft to be separated from hoist, s. 164 par. 29. Ladders and platforms, s. 164 par. 30. Lamps, candles, etc., to be kept at distance from explosives, s. 164 (9). Lands. See Crown Lands. Leases, dredging, s. 121. application for, s. 106. for petroleum, gas, coal or salt, s. 120. in forest reserves, ss. 45, 46. under former Acts, default, etc., ss. 190-192. Lessee under Mines Act, 1897, default of, s. 192-194. License, accidental destruction or loss of, s. 28. claims to be endorsed on, s. 60. clerks, etc., need not have, ss. 22 (2), 25. date of, ss. 23 (2), 27 (3), 31. effectual throughout Province, s. 23 (3). expiry of, and effect of expiry, ss. 23 (2), 84 (a), 85 (a), 87. for partnerships and companies, ss. 23, 25, 26. form of, s. 23, Form 1. issue of, s. 23. may be revoked for violation of Act, s. 33. not transferable, s. 23 (3). numbering and lettering of, ss. 24, 27 (4). only one in any year, s. 29. persons over 18 may obtain, ss. 23 (1), 32. renewal of, ss. 27, 85, Form 3. special renewal of, s. 85. substituted license, s. 28. to be produced if required, s. 30. when required, s. 22. Licensee, meaning of, s. 2 (7i). decease of, rights protected, s. 88. limitation in staking claims, etc., ss. 53, 96. under 21, rights and liabilities of, s. 32. Lien for wages, ss. 182, 183. Limestone, marble, clay, marl and peat, s. 118. Liquor licenses, s. 184. intoxicating, prohibited in mine, s. 164, par. 97. Lis pendens, certificate in nature of s. 77 (2), (3), (4). Machinery, meaning of, s. 2 (i). Magazine for explosives, s. 164 (3). Marble, s. 118. Marl, s. 118. Mandamus, none against officers, s. 154. Marking strength on original packages of explosives, s. 164 par 18. Maps to be kept at Recorder's office, s. 8. Metallic coverings, etc., to be grounded, s. 164 par 73. 136 Mill holes in stope to be covered,. s. 164 par. 27. Mine, meaning of, s. 2 (j), (k). abandoned, etc., to be fenced, s. 162. notice of changes in workings, s. 169. plans of workings, s. 171. statistical returns of, s. 170. to vest in Crown where patent cancelled, s. 189. Mineral, meaning of, s. 2 (I). dredging for in rivers, etc., s. 121. under road allowances, s. 195. valuable in place, meaning of, s. 2 (x). Miner's License. See license. duty when hole misses fire, s. 164 par 14. Mining, meaning of, s. 2 (k) . Mining claims, abandonment of, ss. 82, 83. affidavit of discovery for, s. 59 (3), Form 6. application for, s. 59, Form 4. application for patent of, s. 106, Form 27. boundaries of, s. 49. certificate of record, ss. 64-66, Form 10. decease of holder of, provision for, s. 88. discovery necessary for, ss. 35, 67. disputing applications for, s. 63. endorsement of application on license, s. 60. forfeiture of, ss. 84-88. free grant, when given, ss. 108, 59 (2), (3), Forms, 5, 7. in lands under timber license, s. 47. in forest reserves, ss. 44-46. inspection of, ss. 89-93. lands not open for, ss. 36-43, 34, 2 (c). nature of rights in, ss. 68, 123 (1). not necessarily invalidated by mistake in application, s. 59 (5). number of allowed one licensee, s. 53. patent for, ss. 106-112. placer mining claims, s. 117. price for patent, etc., s. 107. recording of, proper office for, ss. 18, 19 in wrong office by mistake, s. 61. manner of, ss. 59-62. not required after patent, s. 18. transfers of, and other documents, ss. 73, 77. reservation from, for roads, s. 109. reservation of timber, s. 112. staking out of, ss. 54*58. surface rights, compensation for, s. 104. survey of, ss. 113-116. size and form of, generally, s. 49. where not in special mining divisions, s. 50. where in special mining divisions, s. 51. where lands irregular, s. 52. where lands covered with water, 52 (3). reduction where surface rights, s. 105. reduction where excess of area, s. 116. transfers and agreements, ss. 70-73. trust, notice of not to be recorded, s. 70. water powers not included in, s. 38. working conditions on, ss. 78-81. Mining Commissioner. See Commissioner. Mining divisions, establishment of, s. 17. provision where territory not in, s. 19. special mining divisions, s. 21. "Mining lands," meaning of, s. 2 (m). Mining partnerships, ss, 122, 22, 23, 25. Mining Recorder. See Recorder. "Mining rights," meaning of, s. 2 (n). "Minister," meaning of, s. 2 (o). 137 Navigable water, effect of on claim, s. 52 (3). Notice, of abandonment, s. 82, Form 18. Notice, of accidents, s. 168. caused by overwinding skip or cage, s. 168 (2) (a). caused by breakages in cables, s. it>s (2) (tij. caused by inrush of water, s. 168 (2) (c). caused by fire below ground, s. 168 (2) (d). caused by explosives, s. 168 (2) (e). causing death, s. 168 (1) (a). causing serious injury, s. 168 (1) (6). definition of serious personal injury, s. 168 (1). to be reported to Deputy Minister, s. 168. of appeal, s. 133, Form 37, s. 151 (3). of application for working permit, s. 95, Form 23. of cancellation of claim, s. 91 (2). of claim or dispute to be heard, s. 136 (4), Form 38 of commencing mining operations, etc., s. 169. of Commissioner's decision, s. 149 (2). of granting of working permit, s. 97, Form 24. of inspection of minftig claim, s. 89 (2). of intention to perform work on contiguous claim, s. 78 (5), Form 17. of Recorder's decision, s. 130 (3). of trust, not to be recorded, s. 70 (1) of unlawful staking, s. 57. recording to be, s. 75 Officers, general provisions as to, ss. 12-15. not to acquire mining interest, s. 12. professors, etc., may be employed, s. 11. when compellable to disclose information, s. 13. Offences and penalties, contravention of Act, ss. 176, 57, 33. contravention of working rules, etc., ss. 174, 179. damaging other claims, s. 166. disobeying order of Commissioner, s. 177. disobeying order of Inspector, ss. 172, 176, 179. employing persons contrary to Act, ss. 161, 179. failing to make returns, s. 170. failing to fence abandoned mines, s. 162. failing to give notice of mining operations, s. 169. failing to furnish plans, s. 171 (4). interfering with stakes, etc., ss. 84, 176. leave for prosecution, s. 180. limitation of time for prosecutions, s. 181 (2). obstructing officers under Act, s. 176. obstructing road or party wall, s. 167. officer acquiring mining interest, s. 12. paying wages at public house, s. 165. procedure on prosecutions, s. 181. prospecting, etc., contrary to Act, ss. 33, 176. unauthorized staking, ss. 33, 57, 176. using term " Bureau," s. 178. Operation of mines, notice of, s. 169. " Owner," meaning of, s. 2 (p>. Partnerships. See mining partnerships. Party walls and roads, s. 167. Passage or foot ladder in shaft to be separated from hoist, s. 164. par. 29. " Patent, meaning of, s. 2 (r). application for, s. 106, Form 27. cancellation of, at instance of Crown, s. 191. free grant to first discoverer, s. 108. 138 lands vest in Crown on cancellation of, s. 189. price per acre, s. 107. reservation of pine, s. 112. reservation for roads, s. 109. to be stated to be pursuant to Act, s. 110. what granted in, s. 111. where to be registered, s. 18. Peat, s. 118. Penalties. See offences and penalties. Persons not to be hoisted, in buckets or skips, s. 164 par. 31 (a). when safety appliances not used, s. 164 par. 31 (6) when detaching hooks not used, s. 164 par 31 (c). where proper indicators not used, s. 164 par. 31 (d). where cable does not pass through proper sheave, s. 164 par. 31 (e). under 20 not to have charge of hoist, s. 160 (1). under 18 not to have charge of hoist, s. 160 (2). under influence of or carrying liquor, s. 164 par. 97. Petroleum, ss. 119, 120. Pickets, prospecting, s. 56. Placer mining claims, s. 117. Plan of sketch to be filed with applications, ss. 59, 94 (b), 119 (c). Plan of workings to be filed with Bureau of Mines, s. 171. Plan of survey of mining claim, ss. 113, lf5. Post, meaning of, s. 54 (3). removal of, 84 (ft), 176. "Prescribed," meaning of, s. 2 (s). Pressure, definition, low, medium, high, s. 164, par. 63. higher than medium, when prohibited, s 164, par 66. insulation of low, s. 164, par. 76. limit of on motor, s. 164, par. 68. marking high, s. 164, par. 89. when only medium may be used, s. 164, par. 72. Prevention of dust, s. 164, par. 59-62. Price of mining lands, s. 107. Printed copy of rule to be kept posted, s. 164, par. 31. Prohibiting mining work, s. 48. Prospecting, contrary to Act, ss. 33, 176. equal rights of, when, s. 56. lands open to, s. 34. lands not open to, ss. 36, 43. on forest reserves, ss. 44-46. on garden, orchard, etc., a. 37. on timber limits, s. 47. Prospecting pickets, s. 56. Prosecutions. See offences and penalties, ss. 176-181. Protection in working places, s. 164, par. 20-28. of workmen in drifts, s. 164, par. 22. of workmen from falling cage, etc., s. 164, par. 23. of shaft and winze openings in levels, s. 164, par. 25. from machinery, ss. 47-54. Provincial Assayer, s. 6. Provincial Geologist, s. 6. Quarry claims, s 118. Railway lands, claims not to be staked on, s. 36 (c). Railing or casing, when required, s. 164, par. 47. Recorder, meaning of, s. 2 (t). appeals from, s. 133, Form 37. appointment of, s. 7. books, maps, and documents, ss. 8, 10. cancelling claims, s. 91 (2). 139 certificate of record, granting by, ss. 64, 90. costs, powers as to, s. 131 (3). decisions of, certificate of may be obtained, s. 130 (4) final, unless appealed, s. 130 (5). notice of, to be given, s. 130 (3). to be recorded or noted, ss. 87 (1), 130 (3). documents of, may be inspected, s. 9. duties and powers of, ss. 8, 14, 15, 37, 38, 42 (3), 57, 62-64, 70 (1), 73, 77, 78, 80, 82, 85 (3), 89-95, 97, 101, 105, 130, 131. evidence of books and documents in office of, s. 10. ex-officio Justices of the Peace, s. 14. means Mining Recorder of mining division, s. 2 (t). orders of, enforcement of, s. 132. powers of, generally, ss. 130, 131. proceedings before, ss. 130-132. transferring questions to Commissioner, s. 130 (2). vacancy in office of, s. 19. what to be recorded with, ss. 18, 70, 73. witnesses before, s. 130. Recording, s. 8. applications for working permits, ss. 94, 98. mistake as to proper office for, s. 61. of applications for mining claims, ss. 59-62. of certificates in the nature of lis pendens, s. 77 (2). of disputes, s. 63. of documents, ss. 70 (1), 73, 77. of mining partnerships, s. 122. of orders, s. 77 (1). of performance of work, s. 78 (3). of report of inspection, s. 91. priority of, ss. 74, 76. proper office for, ss. 18, 19, 61. thermometer in thawing room, s. 164, par. 12. to be notice, s. 75. time for, s. 59 (1), (4). Refuges from tracks in levels, s. 164, par. 20. keeping clear, s. 164, par. 121. Regulation, meaning of, s. 2 (u). Regulations, for dredging, s. 121. for exploratory drilling s. 186. making of, for carrying out Act s. 188. to be published in Gazette, etc., s. 188 (3). Relief from forfeiture* ss. 85, 86. Removal of dust, s. 164, par. 59. Repealing clause, s. 193. Report of missed hole, s. 164, par. 14. Requirements as to electrical apparatus and conductors, s. 164, par. 64. Riding on loaded cars, etc., s. 164, par. 39. Rights of holders of claim, ss. 67, 68. and easements on other lands, s. 187. Right of way, obtaining, s. 186 (a). Riot Act, s. 185. Roads, between claims, s. 167. minerals under, s. 192 (a). regulations for, s. 187 (2). reservation for, from claims, s. 109. Rules for working, s. 164. for operating mines, s. 164. to be posted up, s. 164, par. 99. penalties for contravention, s. 179. Runways, etc., used for oiling, to have handrail, s. 164, par. 49. 140 Safety-cages in shafts over 400 feet deep, s. 164, par. 32. Safety, general requirement for, s. 164, par. 98. Sand, s. 118. Sanitation, s. 164 (1), (2). Scaling, escapement shafts, etc., daily examination of, s 164, par. 40. Scaling operations, record to be kept of all, s. 164, par. 40. Security for costs, ss. 136 (2), 141. Service, active against King's enemies, s. 85 (3). Shaft, includes pit, s. 2 (v). casing of, and working in, s. 164, par. 22, etc. Shields for protection against burning, s. 164, par. 62. Short title of Act, s. 1. Signals, code of, s. 164, par. 45. who may use, s. 164, par. 46. Signalling, s. 164, par. 44. Size of drill holes, s. 164, par. 16 Skipways, s. 164, par. 34. Sketch or plan with applications, ss. 59, 94 (b), 119 (c). Skips for lowering or raising men, s. 164, par. 32a. Slipping of rope on drum, s. 164, par. 37. Special mining divisions, establishment of, s. 21. mining claims in, s. 51. Staking, defacing or removing of, etc., ss. 84, 176. for boring permit, s. 119. for Crown, s. 42. for mining claim, ss. 54-58. for placer mining claim, s. 119. for quarry claim, s. 118. for working permit, s. 94. lands not open to, ss. 36, 43. lands open to, s. 34. lands in forest reserves, ss. 44-46. lands under timber license, s. 47. should be prompt after discovery, a. 55. substantial compliance with Act sufficient, s. 58. unauthorized, etc., effect of, s. 57. when staker dies before recording, etc., s. 88. Statistical returns, s. 170. Statute of Frauds, s. 71. Steam boilers, s. 164, par. 54. cleaning of, s. 164, par. 54 (c). inspection of, s. 164, par. 54 (ft). maintenance of, s. 164, par. 54 (2). safety valves to be attached, s. 164, par. 54 (a). Steel, or iron, not to be used in charging holes, s. 164, par. 13. Storing oils, etc., s. 164, par. 43. Stretchers for conveyance of injured persons, s. 164, par. 56. Subprenas and summonses for witnesses, ss. 124, 13. Supplies for first aid, s. 164, par. 57. Surface rights, meaning of, s. 2 (w). compensation for, s. 104. certificate of record not to issue till paid or secured, s. 64. on strip adjoining water, s. 52 (3). reducing area of mining claim where, B. 105. working permit not to issue till settled for, s. 94 (d). where boring permit applied for, s. 119 (d). Survey of mining claims, ss. 113-116. Switch boards, to be made of insulating material, s. 164, par. 69. Switches, covering of live parts of, s. 164, par. 79. safety in construction of, s. 164, par. 70. Tag with recorded number, s. 62 (3). Thawing house and apparatus for explosives, s. 164 (11). Thermometer, recording in thawing room, s. 164, par. 12. 141 Timber, rights in, ss. 112, 47 (5), 120 (5). reservation of, in patents, s. 112. Timber license, staking where lands under, s. 47. Timber, old, to be removed, s. 164, par. 42. Timbering, s. 164, par. 26. Time, computation of, for performing work, s. 79. extension of, after expiration, s. 156. extension of, for performing work, s. 80. for appeal. See appeal. for application for patent, s. 106 (2). for blasting, e. 164, par. 61. for completing staking, s. 55. for prosecutions, s. 181 (2). for recording mining claims, s. 59 (1), (4). Townsites, mining claims not to be staked on, s. 36. Trailing cables, requirements of, s. 164, par. 84. when rule does not apply to, s. 164, par. 71. Transfer, of boring permits, s. 119 (7), Form 31. of unpatented claims, ss. 72-77, Form 11. of working permits, s. 100, Form 25. Transformers, coverings to be grounded, s. 164, par. 71. in separate buildings, s. 164, par. 65. unauthorized persons not to go into rooms, s. 164, par. 88. Trespass on public lands, s. 127. Trolley wires, automatic switch and danger signals on, s. 164, par. 82. in underground roads, s. 164, par. 80. on surface roads, s. 164, par. 83. protection of, s. 164, par. 80, 81. Trust, notice of, not to be recorded, s. 70. Underground employment, hours of, s. 159. Uneven projections to be covered, s. 164, par. 48. Use of electricity, s. 164, par. 63-95. Valuable mineral in place, meaning of, s. 2 (x). "Validity of proceedings, ss. 154, 155. Ventilation of mines, s. 164 (1). Vesting interest of co-holder, when license expired, s. 87. View by Commissioner or Recorder, ss. 89 (3), 139. Wages, lien for, ss. 182, 183. payment of, not to be where liquor sold, B. 165. Water from other mines, ss. 164, par. 21, 166. appliances and machinery for safety from, B. 164, par. 28. claims covered with, s. 52 (3). draining and use of, s. 186 (a). navigable, effect of on claim, s. 52 (3). Waterpowers not included in claims, s. 38. Wearing loose clothing, in proximity to moving machinery pro- hibited, s. 164, par. 51. When persons not to be hoisted, s. 164, par. 31. Wires and conductors to be enclosed and grounded, s. 164, par. 71. Witnesses, attendance before Commissioner or Recorder, s. 124. before Inspector, s. 173. fees of, s. 147. Witness post. s. 54 (2). Women and girls, employment of, s. 158. Work and working conditions, s. 78. computing time for, s. 79. contribution to by oo-holder, s. 81. certificate of performance of. s. 78 (4), Form 17. extension of time for performing, B. 80. forfeiture for failure to perform or report, ss. 84, 85. inspection of work, ss. 78 (4), 89. 142 in forest reserves, ss. 44, 79. in timber limits, s. 47. Minister may prohibit work, s. 48. on boring permits, s. 119 (5). on contiguous claims, s. 78 (5). on mining claims, ss. 78-81. on leases for petroleum, etc., s. 120. on quarry claims, s. 118. on working permits, ss 99, 98. Recorder to decide sufficiency of work, s. 78 (4). report and affidavit of work, s. 78 (3), Forms 14, 15. Working permits, ss. 94-103. application for, s. 94 (6), Form 19. area for, s. 94 (1). affidavit with application, s. 94 (6), Form 20. certificate of application, s. 94 (c), Form 21. decisions of Commissioner as to, final, s. 103. duration and renewal of, ss. 94 (2), 101, Forms 22, 26. endorsement of application on license, s. 60. exclusive, when become, s. 97. forfeiture of, ss. 99, 98. form of, s. 94 (2), Form 22. how obtained, s. 94. notice of application, posting up of, s. 95, Form 23. notice of issue of, s. 97, Form 24. number licensee may hold, s. 96. renewal of, s. 101, Form 26. section of Act applicable to, s. 98. surface rights, compensation in respect of, ss. 94 (d), 104. staking mining claim on area included in, s. 102. time for procuring, s. 94 (2). transfer of, s. 100, Form 25. working conditions on, ss. 99, 98. Working of mines, general rules for, s. 164. Workings, plans to be filed, s. 171. Sciences rary DATE DUE Phys.Sci. TN227 Legislative Assembly of OhA2 Ontario, Canada. 191$ The Mining Act of Ontario A 000 654 748 3