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A practical view of the mining laws of British Columbia Park, Joseph 1864

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Array 
A PRACTICAL VIEW
OF
THE MINING LAWS
OF
BRITISH  COLUMBIA.  ADVERTISEMENTS.
WILLIAM WILSi
ADAMS,
No. 36 Yates Street, Victoria,
WOULD  RESPECTFULLY  REMIND
CARIBOO      MEN
THAT THIS IS THE ONLY
hat stq>sjs ,m iiCTWii,
And the only place they can find a full and good assortment of
HATS  ANX>  CAPS.
I
WHICH HE IS SELLING AT W
tX.
A.   GILMore,
a a rv r
■9
Yates Street, (third door below Government),
VICTOKIA,   V.  I..
Has on hand and is constantly receiving' a large
assortment of Custom-made Clothing and Gent's
Furnishing Goods. Davis & Jones' Patent Shirts,
Etc., Etc.
Garments of-all kinds made to order in the most
fashionable style. ADVERTISEMENTS.
\MU 1 JIM
lasTta! ■
*& h fe^Ulll
¥:H fll.JWl!
xi v © 1 xx sx,    p its W I 3q JCi
—AND—
OUTFITTER,
^©fllllllf STBLJEJBT,
YICTORIi.
_i B .1 .a. ^
-AND-
k7
1 R 1? I?
.y   A^  &1A Hi
HA.S GWHAND ACOMPLETE STOCK OF
UOOD AND at'B.uti.e
LI
G,   HOSIERS;
-AND—
TJN'.'DERCriOTHIISrG-
WHICH HE IS SELLING AT
i
y n-
ADVERTISEMENTS.
WT
Di
IVtiarf & Store Streets, Vict oria.7 J
Owners of the ALBERNI SAW MILLS, and
Agents of the ROYAL INSURANCE CO, for
Fire and Life,
Cerrespondents in London—Messrs. And-erso-k,  Thomson * Co.
" in San Francisco—Messrs   Falkner, Bell & Co.
" in Sidney—Messrs. Gilchrist, Watt * Co,
" in Hongkong—Messrs. Jakdine, M atbeson a Co.
Serth Biitis
CL&JLtJ.
Mercantile
• 9
ESTABLISHED    1809.
Incorporated by Royal Charter and empowered by Special Acts oi
Parliament.
Subscribed   Capital,   £2,000,000   Stg.
Accumulated and Invested Funds £1,374,000 Stg.
LONDON OFFICES—No. 38 Threadneedle street and No. 4 New
Bank Buildings, Lothbury, E.C
Q^-This Company will ever distinguish itself in its promptitude
and liberality in the settlement of claims Insurance against Fire
effected upon Buildings and their contents, Timber and Coal, Ships
in harbor, with or without cargoes on board, Ships under repair or
in course of construction.
Agents for Fire, Vancouver's Island, Victoria,
HlPfKEN   BROTHERS   *   CO.,
Corner of Wharf and Johnson Sts. ADVERTISEMENTS
111
English and
~ii
erican
I"
ilh
FORT    STREET,
u Miners and others will find at the above Establishment the
:LA&43-IiST AND BEST
{J O
AND  AT
Prices 20 per cent. Lower
Than any other House in Victoria.
n
\*0 IV
ADVERTISEMENTS.
V.I
nuiacture ©team Haigmes,
OP ALL SIZES.
Quartz Mills, Mining Pumps, Flouring Mills,
Gang, Sash, Mulay and Circular Saw Mills, Car
Wheel, Axles, Building Fronts, Balcony Railings,
Horse Powers, Stove and Reaper Castings, Retorts,
Grate Bars, Range Plates, Boiler Fronts, Sasli
Weights, Brass Castings, and in fact everything connected with the business.
8PBATT   &   KK1B.HLKB,   Proprietors.
iT
T
F A.OTORY,
P[§©i&EIB ST^ilT, NtAR ST@RI  STREET.
THE  PROPRIETORS OF THE  ABOVE   FIRM  WOULD
respectfully call the attention of intending  purchasers to their
extensive manufacture of
Wagons, Buggies, Sleighs, &c.
With our experience in manufacturing the above articles for the
British Columbia market and elsewhere during the last.four years,
Our extensive stock now on hand, and close app'ication to business,
we are enabled to guarantee better satisfaction both in quality and
price than can be obtained in any other establishment on the Pacifie
Coast.   All orders promptly and confidentially executed.
BUCK   & 9A1YDOVEB. 1
ADVERTISEMENTS.
URSERT AND SEED
ISTABMSIIEIf,!
US'
t>.   ->„
Fort   Street,    Vict
oria.
1 &
Beg to inform the inhabitants of British Columbia
that they can supply the
FINEST AND MOST RELIABLE
Agricultural, Garden and Flower
o ^s °®$ m o
H Jy 3q 2j %9
Ever offered for sale on the Pacific Coast
Sjd|d?    .V:   <DO.
Test and  Guarantee all Seeds
PURCHASED OF THEM.
Fruit Trees and  Bushes,
Of every variety.
DWAIII A2ffB STAK33A»» ROSSS,
A Large Collection of
Choice Perennial   and Bedding Plants.
Orders addressed as above will be promptly attended to. 1 ADVERTISEMENTS.
, GUMB1NNER k fig
STATES STR1ST; VXCT0:02A, V.I.
Gold dust melted and assayed with all possible
dispatch.   Returns made in six hours in bars or coin.
Assays made of every description of ores and minerals on moderate terms.
The correctness of our assays guaranteed.
Gout e^jst ktschased.
KWONG LEE & CO.,
LEE HUANG-, MANAGER,
l.nPORTiB8  AND  DEALBB8
CHIN K' s E™ goods,
e@RWORyiKT STRUT, VWTQRl A, V. t.
Branches—At FORT TALE, British  Columbia,
" LILLOOET,
MOUTH OP QUESNELLE,   •' •«
FORKS OF QUESNELLE,    " »«•
San Francisco House HOP KBE k. CO.
AL.SO, IN CHCfTAi
Canton City YE T-' A X & CO.
Hongkong KWONG M A N FUNG 4 CO. ADVERTISEMENTS.
VU
THE
mmm goal mining
j
I, IMI T E D .
Incorporated under the .Joint Stock Companies' Acts, 1856 and 1857,
whereby the Liabilities of the Shareholders are limited to the
amount of their Shares.
Capital, £100,000 in 10,000 Shares of £10 Bach
DEPOSIT, £1 per share on application, and £110s. on Allotment.
DIRECTORS.
Hon. Mr. Justice Halibuexon-, M. P., Chairman of the Canadian Land and Emigration Company.
Gbobob Campbell, Esq., (H. N. Dickson & Co., London; Dickson, Campbell & Co., Victoria, V. I.; Dickson, DeWolf & Co., San
Francisco.)
Hoa C. \V. Wentworth Fitzwilliah, 31. P , Alwalton, Peterborough.
Joseph 1"j;y. Esq., (Messrs. Treman u Fry, Gresham House,) Director ot the Canada Agency Associations.
James V H. Irwxn, Esq., F.lt. G S., 7 Hereford Square, South
Kensington.
Prideaux Sei.by. Esq., 4 Lowndes street, Director of the Canadian
Ageno) Association..
Solicitors—Jlesurs. Freshfield & Newmau, Bank Buildings.
Barkers—Mes-trs. Bobarts, Lubbock & Co , London; the Chartered
Bank ot British Columbia and Vancouver Island, Victoria.
Broker—C.W. Price . J'.sq , 54 I hreadneedle street.
Secretartt—H. Winfield Urace, Esq.
Ofviobs—16 Gresham House, Old Broad street.
Resident Manager at Kakaeuco—u J. NICHOL. Esq
DICKSON, C AM PRE Ii B, & CO., Agents, Whari street.
bscxson, cikmPB^i.1. «&. co.,
COMMISSION     MERCHANTS,
STORE STREET, VICTORIA.
Agents for the Queen Insurance Company, of London, and the
Hail Steamers to San Francisco and Portland.
H. N. Dickson & Co., 3 George Yard, Lombard street, London.
Dicks On, De Wolf & Co., San Francisco.
J vm
ADVERTISEMENTS.
if ©11®   ST-MEETs
BETWEEN FISGUARD & HERALD STS.,
VICTORIA,   V.I.
AOR1W   A3TBLXCO,   Proprietor,
Takes this opportunity to notify his friends and the public at large
that his house is conducted in first-class style. The table will always
be supplied with the best articles the seasons and market afford, and
served in a superior style. The rooms are furnished in a neat and
comfortable manner.
Price of Board is go per week and upwards, according to rooms.
All kinds of Summer Refreshments, such as Ice Creams and Custards, furnished in superior style and at the shortest notice.
The Bar is furnished with all kinds of Foreign and Domestic
Wines, Liquors, Ales, and Cigars of the best quality. •
GOVES,NMSSIT   STREET   SOUTH,
VICTORIA, V.I.,
FRANCIS   DOJ)D,   Proprietor.
U* Good Beds, 50 Cents per Night.   First Class Wines,
Spirits and Ales.
IiANaLETT    STREET,    VICTORIA,    V.   I.
PROPRIETORS:
SHAPABD  &  TOWN SEND.
fiSjp* Furnish the best Liquors, Wines, Ales anil
Cigars the market can produce. ADVERTISEMENTS. IX
B^NK    OF
TW4  WWTW
ESTABLISHED  IN  1836.
INCORPORATED BY ROYAL OHARTBR.
Paid-up   Capital,   -   -   I    $5,000,000.
ESTABLISHSGRNTS-IN THE COLONIES:
MONTREAL. HAMILTON, DUNDAS,
QUEBEC, BHANTFORD. ST. JOHN N.B.,
KINGSTON, LONDON, C.W., HALIFAX, N.S.
10RONTO OTTAWA, VICTORIA, V.I.
AGENTS   AND ^CORRESPONDENTS :
New York—S. C. FBRaUBON, F. H. GRAIN, and JAMES SMITH:
San Franctsco-B. DAVIDSON <£ HERRI.
Australlaand New Zealand-UNION BANK OF AUSTRALIA.
BILLS OF EXCHANGE AND   GOU) PURCHASED.
NO CHARGE made on GOLD DUST or BARS lodged with the
Bank for safetj.
DRAFTS    ISSUED   OPT
LONDON, New York,  San Francisco, Canada, New Brunswick,
Nova Scotia, aad all the Branches of the NATIONAL BANE: OF
-SCOTLAND and the PROVINCIAL BANK OF IRELAND.
Credits granted on this Branch by the Union Bank of Australia, at
MELBOURNE,      ADELAIDE, HOBAJRT TOWN,
LANCETOWN,      SYDNEY, DUNE DIN, N.Z.
The Bank receives Money and Gold Dust on Deposit, undertakes
.the Purchase and Sale of Stock,  the Collection of Bills, and other
money business, in the United States and British Provinces.
Bank of British North America Assay Office,
victokia, v. I.
GOLD DUST MELTED AND AS8AYED.—Charge—One quarter of one per cent, or three dollars for lots under $1200.
ANALYSIS OF ORES carefully executed.—Charge—For each
analysis, $10.
GOLD DUST AND BARS PURCHASED at current rates.
J.   G.   8BBPHERS,   manager. ADVERTISEMENTS.
THE BAJSTK OF
BRITISH COLT
/%
CNI@Q)BP©KATrI0 BY R@YAL <3H ARTIE*, 1832„
CAPITAL, $1,250,000. i:v 13,500   SHAKEN  OF SlOO
EACH,
Head-Office—NV>. S® Lombard Street, Isondon.
OPENS CURRENT ACCOUNTS, RECEIVES DEPOSITS
payable on demand, or for fixed periods, and allows interest"
according to time of lodgment. Discounts approved Bills at current
rates, buys and sells Bills of "Exchange, and transacts all other reg-
ularfBanking business. Public- and private Securities received for
safe keeping and interest collected on the same. Local and Foreign
Bills sent for collection.
J A.M ES T>. WALKER, Manager.
& c
m jjb w if fa iS q
Jj jo. Jar Jk oO JKi O 9
VICTORIA.,  "V\   I.,
'---AND-
Richfield, Williams Creek, B. C,
JAMES DUNCAN. ROBERT GEORGE.
DUNCAN &, GEORGE,
AUCTIO mm E R S
Corner Fort and Wharf Streets,
VICTORIA.,    "V .    I .
git
U'.l
V ADVERTISEMENTS.
JMhe
XI
"=F0R—
CAPITAL,
£2,000,000 STERLING.
HEAD OFFICES, LIVERPOOL AND LONDON.
CHAIRMAN—CHARLES TURNER, Esquire, M. P.
DEPUTY CHAIRMEN—RALPH BROCKLEBANK and
E. JOHNSTON, Esquires.
MANAGER AND ACTUARY-PERCY M. DOVE, Esq.
The undersigned Agents for Vancouver Island and British? Columbia accept proposals for"insurance, both in the Fire and Life Departments.
They feel confident that the amount of the capital of this Company, viz: Two Millions Sterling, which would be immediately
available to meet any unforseen calamity; the well known character of
its Directors ; the high respectability of its proprietors ; its liberal
and prompt settlement of losses; and the standing which it takes
among the large Insurance Establishments of the British Empire,
must always obtain for it a fair share of public patronage.
Medical Examiner in the Life Branch—JAMES DICKSON, M. D.
ANDERSON & CO.,
Store Street. Yictoria, V. I.
J XII
ADVERTISEMENTS.
J.    K.    SUTER,
ACCOUNTANT, MINING AGENT,
AND
B^= Assessments Collected and Mining Accounts
made up.
^@„ Debts Collected and Loans Negotiated.
WSatSAESS     CE1EK,    CARIBOO.
£*um
llP§y P
STORE,
ST. NICHOLAS   BUILDING.
IffOOHJSHRAJ) Be. QU1M0HY,
DIRECT IMPORTERS OF
Clothing, Hosiery and Shirts.
None but Genuine Goods sold, and at Lowest Cash Prices.
Next St. Nicholas Hotel.   A.

PRACTICAL   VIEW
OF
The Mining Laws 
OF 
BRITISH COLUMBIA, 
BY
OF THE MIDDLE TEMPLE, ESQ.,
BARRISTER-AT-LAW.
VICTORIA, V. I.
Printed at the British Colonist Office
1864 / 5Z> 4 3 6
7 g^J? j A PRACTICAL VIEW
OP THE
ining Laws of British Columbia.
CHAPTER I.—Who may become Free Miners.
CHAPTER II.—The Free Miner's Certificate.
CHAPTER III.—What are Mining Claims and
Interests.
CHAPTER IV.—Of the mode of obtaining Claims.
CHAPTER V.—Of the nature of the Estate and
Interest in Mining Claims.
CHAPTER VI.—On Bed Rock Flumes.
CHAPTER VII.—On Ditch and Water Privileges.
CHAPTER VIII.—On Mining Drains.
CHAPTER IX.—On Leases of larger proportion
than Claims.
CHAPTER X.—On Mining Copartnership.
CHAPTER XL—On Registration.
CHAPTER XII.—On Representation and Abandonment.
CHAPTER XIII.—On Roads and Works.
CHAPTER XIV.—On Mining Districts.
CHAPTER XV.—The Gold Commissioner.
CHAPTER XVI.—On Mining Boards.
CHAPTER XVII.—On the Definition of Mining
Words. WEED JAOI
EBfct INTRODUCTORY REMARKS.
During the past mining season at Cariboo, a want
was universally felt of some work in the nature of |
instructions, rather than rules, to the miners in their ]
various mining operations ; this was rendered the
more necessary as the mining Proclamations and
Rules and Regulations seldom found their way in a
complete state into the hands of miners.
The recent ordinances have rendered this want
the more pressing, as by repealing and re-enacting ■
different clauses, in the numerous Proclamations, '
Rules and Regulations, it has become a matter of
great intricacy to sift out the meaning of many ofthe
Rules ; this has been by the present work rendered
more easy, and all requisite heads with the different
clauses applicable thereto, omitting the repealed ones,
have been placed in separate chapters, so as to render the practical miner at once conversant with the
particular portion of mining law he is in quest of.
The laws respecting Bed Rock Flume and Mining
Drains are a very great and satisfactory feature in
the ne,w ordinances, and also in the advance of mining, and great results may be- confidently look to
from these provisions if energetically carried oTm8,1 INTRODUCTORY REMARKS.
The advantages to be derived from Bed Rock
Flumes are easily apparent so far as regards the
effectually extracting the Gold from Creeks which
have been abandoned as impracticable by individual
or companies of miners, from excess of water, quicksand, boulders and other ofthe many difficulties the
miner has to contend against, and all ground will by
their assistance be rendered easily workable.
The water, which to the individual miner is one
of the greatest drawbacks, will assist rather than
deter their operations.
The perfect drainage too obtained by the uninterrupted flow of water down the different creeks on
wfeich Bed Rock Flumes are worked, will much
assisjj the miner whose claim is situated on the sides
of the different flumes and render the extracation of
the auriferous metal more easy, having the necessary
hydraulic power so easily available will be a saving
of mupji expense and labor, as it renders unnecessary.
of water from
working to
be much more remunerative to the miner. This
wjj«yjring into immediate working many portions of
mjftiftgvgrounds hitherto neglected from the want of
these advantages: to the Flume companies the result
will be equally profitable, as after their first outlay
the labor required to work is comparatively small,
the great portion of the work being done by water
and the numerous individual claim holders on the
margjgof their flumes will add their quota to the
deposit of gold.
(Jhe mode of collecting assessments and the partnership clauses are clauses of great importance,
and go far to establish mining interests on a firm
the working of ditches and bringing
a distance, in  consequence causing the INTRODUCTORY REMARKS. 7
basis, the foremen of the companies have hitherto
been put to much trouble, expense and loss of time
in collecting these assessments ; and it is worthy of
suggestion to companies whether it is not better to
place their assessments for collection and their
books to be made up, immediately after their weekly
or fortnightly assessment has been made, in the
bands of some practical man engaged in that occupation, and thereby save the great loss they have
hitherto sustained from the absence ofthe foreman,
loss of labor and of liis supervision, which'is doubly
necessary ; the company's accounts would then be
easily available to all members of the company and
would enhance the confidence ofthe public at large
in their undertaking.
Though the introduction of Bed Rock Flume
Companies is a great improvement in mining in
British Columbia, still if the different companies*
in the Wiftinsc districts of Cariboo, where the fi©fr'
outlay for work is so great, were carried on on
the joint stock principle, it would add materially
to the stability of the companies, and open a gate
for the easy influx'bf capital, a d88ideratum which
would afford an easy and safe investment to the
capitalist.
With every confidence in the success of the eOnv
ing season, the present work is placed in the
hands of the miner to enable him at a glance to obtain the law he is in search of, and as far &B possible
keep him clear from the quick-sands of litigation.
Victoria, April, 1864. CHAPTER I.
WHO MAY BECOME FREE MINERS.
All persons above the age of sixteen years may
become Free Miners. +
Prior to the recent Ordinance, it has been the
custom; to take up shares, and hold the same, in the
names of children and married women. This seems
to have been entirely at the risk of tbe persons do-
ing so, and contrary to all rales of law, on account
of the disabilities under which infants and married
women labor. »
These disabilities, with respect to infancy, have
now partially been removed, and persons above the
age of sixteen years are now in the same position as
Adult Free Miners, and they are subjeet to tbe same
rules, and enjoy the same rights, as adults ; but no
person under the age of sixteen years is capable of
holding any claim or interest therein.*
With regard to married women, no law has ever
been made especially for them, and the mistake as
regards their right to hold claims may have arisen
from the statement in the 1st Section of the Proclamation of 1859. where it is stated that " Words in
*Ord. 1864, sec. 28. WHO MAY BECOME FREE MINERS. 9
the masculine gender shall include the feminine ;"
but as the law clearly implies a contract on the
part of any person taking up or holding a claim to
work the claim in a minerlike manner, and not to
damage or obstruct the  work of others, married
women, being incapable from their inability to contract,  are unable to  enter into  such a contract.
There is very great doubt whether either a married
woman, or her husband, are in any way responsible
for any contract for labor or other contract on ac-
| count of a claim so held.   The interest in a claim,
[having been now dejned to be equivalent to a lease
;for a year^it would be as improper for her to take
'such an interest as it would such a lease, and this
will make the risk the greater to the parties so holding:   It has also been decided that a feme covert
cannot sustain the character of a partner,  although
she or her husband may be beneficially interested in
the profits of the concern,   (9 Ves., 500.)
CHAPTER II.
FREE MINER'S CERTIFICATE.
The first step for the person wishing to become a
Free Miner, is to obtain a Free Miner's Certificate ;
and the course to be adopted is to go to the office
of the Gold Commissioner and apply for the same,
when on payment of the fee of One Pound it is readily granted.
*Ord. 1864, sec. 45.
J 10
WHO MAY BECOME FREE MINERS.
This is of great importance, as by the new Ordi-
"V nance extending and improving the mining laws,
that portion of Clause 7 of the Gold Fields Act,
1859, which had been repealed, has been re-
enacted, namely: that " No person shall be recognised as having any right or interest in or to any
claim, or ditch, or any gold therein, Unless he shall
be, or in case of disputed ownership, unless he shall
have been at the time of the dispute ensuing, a Free
Miner."
The Certificate is generally printed, and is in the
form given by the Proclamation of 1859.t It continues in force for twelve months from the date
thereof; it is not transferable, and the name of one
person only is to be inserted in each such certifi*
cate4 *
The certificate must be countersigned by the Free
Miner before being produced by him for any purpose ; and when such certificate is applied for by
the miner in person, the same should be signed by
such miner before being signed by the Gold Com-
missioner.H
Every Free Miner has, during the continuance of
his certificate, the right to enter without let or bin-
drance upon any of the unoccupied waste lands of
the Crown and to mine therein.§
The Gold Commissioner, at the time of issuing
the certificate, records its date, and the number and
name of tbe Free Miner, and whether the same was
issued in person or to another.*
-{-Proclamation 1859, sec. 3.
iProclamation 1859, sec. 4.
fib., sec. 4.   Jib., sec. 5.   *Ib., sec. 9. WHO MAY BECOME FREE MINERS. 11«
If any Free Miner's certificate be accidentally
destroyed or lost, the same may, upon evidence
thereof, be replaced by a new certificate bearing the
same date.*
Any person wilfully damaging or destroying any
miner's certificate, or fraudulently filling up or post
dating or altering any name or date, or who shall
falsely pretend that he, is the person named in such
certificate, is gumy of felony, and on conviction is
liable to penal servitude for not more than ten
years.t
CHAPTER III:
.WHAT ARE MINING CLAIMS AND INTERESTS.
The different description of mining property may
be divided into two, namely : Mining Claims proper, and Mining Interests.
Mining Claipis. may be divided into and included
under the following beads :
1. Creek Claims.
2. Hill or Tunnel Claims.
8. Quartz Claims.
4. Bar Diggings.
5. Bench Diggings.
Mining Interests—not being, strictly speaking,
Claims—into tbe following :
1. Bed Rock Flumes.
2. Ditch and Water Privileges.
*Procl. 1859, sec. 10.   fib., sec. 39. 12
MINING CLAIMS AND INTERESTS.
o.
Mining Drains.
4. Leases of larger proportions of mining ground
than Claims.
All mining claims and interests are subject to
public rights of way and water.*
MINING CLAIMS.
1. A Creek Claim may be defined to be a parcel
of ground taken up on the alluvial banks, or flats,
which lie on each side of a river or stream ; they
may be selected from the land lying on either side
of, and as near or as far from the stream, as the
miner's judgment may lead him to think the most
probable place, either from »the change of current or
from other circumstances, to be productive of gold.
It consists of 100 feet square to each miner.t
2. Hill or Tunnel Claims are situate on the side
or rise of the hills or banks which run along the
side of the creek, and are at a greater or less distance from the creek, according to the breadth of
the alluvial banks or flats which lie on each side of
the creek. In these claims, or other hill claims, the
owner is allowed a frontage of 100 feet, irrespective
of depth.:]:
But as soon as pay is struck in paying quantities,
they must confine themselves to 100 feet for each
miner, but are allowed to mark 100 feet ahead of
the spot where gold in paying quantities is found.§
The right to tbe tunnel, and ten feet of ground on
either side of it, in addition to the above, shall be
*Rules Jan. 6, I860, sec. 5.
tRules Feb 24, 1863, sec. 2.   tlb.
JRales Feb. 24,1863, aec. 2. MINING CLAIMS AND INTERESTS. 13
considered as appurtenant to the claim to which it
is annexed, and be abandoned or forfeited by the
abandonment or forfeiture of the claim itself.*
3. A Quartz Claim is taken up where a lode or
vein of gold is discovered in a strata of quartz ; it
follows the lode or vein, and is in length 150 feet,
measured along the lode or vein, with power for the
miner to fo'low the lode or vein, and its spurs, dips
and angles, anywhere in or below the surface in-
*clucled between the two extremities of such length
of 150 feet, but not beyond 100 feet in a latteral direction from the main lcde or vein along which the
Measurement is taken.f
4. Bar Diggings are that portion of the banks of
a river over which the river in its most flooded state
extends, and are included between high and low
water marks. The size of a claim for bar diggings
is a strip of land 100 feet wide at the mark to which
the river rises when flooded, along such high water
"mark, and thence extending down direct to the
river, to the lowest water level.:): These claims are
chiefly confined to large rivers like the Fraser,
Thomson, Sticken and others.
5. Bench Diggings are situate on the high level
benches lying on either side of the large rivers, and
the following is the size of the claim allowed to each
miner :—100 feet square, or else a strip of land 25
feet wide at the edge of tbe cliff next the river, and
bounded by two straight lines, carried as nearly as
possible in each case perpendicular to the general
direction of the cliffs in the rear of the benches, or
*Rules Feb. 24,1863, sec. 2.
-f-fRules Feb. 24,1863, sec. 2.
JRules Feb. 24,1863, sec. 2. 14
MINING CLAIMS AND -.INTERESTS.
to the- general slope of tbe mountains in the rear,
across the level bench up to and not beyond . the
foot of the descent in.the rear, and in such last-
mentioned case the space included between such two
boundary lines when produced over the face of the
cliff in front, as far as tbe foot of such cliff and no
furthjr • and all mines in the space so included
shall also form a part of such claim.*
As to ruining claims of any denomination where
the pay dirt.-is thin, 05 claims in small demand, or
where, from circumstances be may deem reasonable,
the Gold Commissioner may allow the miner to register two claims, and allow such period as be may
think proper for non-working either. A Discovery
Claim may be one of these.t
A Discovery Claim arises where any Free Miner.
or party of Free Miners, discover a new mine, the
I first discoverer or party of discoverer^ ,if not more
than two, are entitled to a claim each double the
usual size ; if three, to five claims of the usual size;
and if four or more, to a claim and a-balf per man.f
MINING INTERESTS.-'
1. Bed Rock Flumes are either the property of
and held by companies or private individuals; they
may be considered as rather a requisite for the advantageous working ot the claims than constituting:
claims themselves. They may be, however
rectly described as 3Iining Interests.
*Rules Jan. 6,1F60, sec. 2.
fib., sec. 4.
J Rules Sept. 7,1859, sec. i.
cor- ■MSNING CLAIMS AND INTERESTS. 15 «
They originate in grants, from the Gold Commissioner, to certain Free Miners, above the number of
three, to enter upon land in any creek, and lay
flumes in the bed of the stream for the purpose of
taking out the gold. They are granted for a term
of years not exceeding ten.*
Private Bed Rock Flumes are put in by individual claim holders to connect with the flumes put
in by Bed Rock Flume Companies ; and such individual claim holders, after the Bed Rock Flume has
been extended through their respective claims, have
the right to become members of the Bed Rock Flume
Company, taking a proportionate interest, or they
can work their ground on their own account, at
their option.t
2. Ditch, or Water Privileges, are grants either
to companies or individuals of the exclusive right of
constructing ditches or water courses for tbe purpose of conveying water to claims, andNof charging
a certain rent for such water. They are a permanent property, and are under the control of the Gold
Commissioner.
3. Mining Drains are grants from tbe Gold Commissioner to private individuals, or companies, to
enter on land for the purpose of making drains to
carry .off tl\e water from shafts, and other portion of
claims ; they are empowered to take certain tolls
from all persons using or, in the opinion of the Gold
Commissioner, benefitted by such drains.:}:
4. Leases of a greater proportion of mining
ground than claims, can only be granted by tbe
*QF«. tSflf, Bge. 8-
("Wfl- )Mi, 868. e ,•
11 hi mm 16
MINING CLAIMS AND INTERESTS.
Governor, for the time being, of the Colony, for the
purpose of mining. They will not be granted in
general for a longer term than ten years, or for a
larger space than ten acres of alluvial soil, or half a
mile in length of unworked quartz, or in bar diggings half a mile in length along the high water
mark, or a mile and a half when the same has been
attempted and abandoned.*
CHAPTER IV.
OF THE MODE OF OBTAINING  CLAIMS BY PRE-EMPTION.
The following remarks will be some guide to the
Free Miner in laying out his claim :
In laying out creek and other claims, where tbe
* j*
amount of ground allowed to each free miner is 100
feet square, the claims should be as nearly as may
rectangular in shape, and marked by four pegs at
the least; each peg to be four inches square at the
least.f The boundary pegs are not to be concealed, or moved, or injured, without the previous
permission of the Gold Commissioner.^
This provision should be carefully attended to, as
jt is a very necessary one, and one which from being neglected has led to much litigation. There is
now no distinguishing number required to be
marked on these pegs, as by the recent Ordinance §
the provision requiring tbe same has been repealed;
*&iisi hk ii
}|i§iis
IKtUlllifttTTlWiKSin ill*
I £s& iUii k'tii *§i OBTAINING CLAIMS BY PRE-EMPTION. 17
In measuring all claims, the measurements of area
are to be made on the surface of the earth, neglecting inequalities.*
The practice hitherto in staking out claims has
been to place the name of the free miner, either
taking up or holding the claims, together with the
number of the free miner's certificate, on the pegs or
boundary posts, and it is still prudent to do so,
though there does not appear to bg any express
enactment requiring it.
In laying out Tunnel or Hill Claims tbe course
to be adopted should be to draw a base liue of 100
feet where the claims are situate on the banks of or
fronting on any natural channel, stream, ravine or
other water course ; such base line is to be drawn
parallel to the channel of the stream on which the
claims are located, such base line to constitute the
frontage of such claim, and to be marked by posts
of the lesjal size placed at intervals of 100 feet;
lines drawn at right angles with this base line are
to constitute the side lines or divisions between the
claims,! and are to be distinctly marked off by two
parallel lines or rows of pegs, fixed in the ground at
intervals of 50 feet or thereabouts; such boundaries
or parallel lines shall be carried in a direction as
straight as possible to the summit level.$
The Gold Commissioner has power to refuse to
record any hill or tunnel claim on any creek, which
claim, or any part thereof, shall include or come
within 200 feet of any gulch or tributary of such
creek.§
♦Rules Sept. 7. 1859, see. 3.
tOrd. 11-64. sec. 6.
JRuleo Feb. 24.1863.   §Ord. 1864, see. t 18
OBTAINING CLAIMS BY PRE-EMPTION.
In laying out Quartz Claims no particular mode
is provided for fixing the posts, but the 150 feet allowed by law to each miner should be marked out
distinctly by posts of the usual size indicating the
two extremities of the lode or vein.*
Each pre-emptor must leave three feet unworked,
to form a boundary line between his claim and ttfat
of the last previous claimant, and shall stake out his
claim accordingly, not commencing at the boundary
peg of the last previous claimant, but three feet
Ihrjtheron.t
In Bar Diggings, the best course would be to
mark the two extremities of the line running along
the high water level of the river with the usual
posts, and also the two extremities of the line on
the margin of the stream.
In Bench Diggings, the mode adopted in marking
out hill or tunnel claims would bo most appropriate where the front is taken at 25 feet, and running
back to the cliff or rise ofthe hills ; but if the claim
consists of 100 feet square, then mark the same at
each corner, with the usual posts, in the manner
mentioned for laying out creek claims.:}:
Where miners work in company, and join their
claims together, it seems to be requisite, though this
appears to have been greatly neglected, that every
individual claim, whether part of a company claim
or not, shall be staked out with four corner pegs of
the usual size.§
The miner, having thus  marked out his claim.
•Rules Feb., 1863.
tRules Sept. 7.1859, sec. 15.
tAnte Page 16.  -
{Rules Feb. 24, 1863. ESTATE AND INTEREST IN MINING CLAIM. 19
takes his description to be recorded in tbe manner
pointed out in the Chapter on Registration.
CHAPTER V.
OF   THE  NATURE   OF  THE   ESTATE   AND   INTEREST   IN
MINING CLAIMS.
The amourriMof interest which a Free Miner has in
a claim is, save as against Her Majesty, her heirs j
and successors, deemed to be taken to be a chattel
rifft$br&8t, equivalent to a lease for a year, renewable j
at the end of the first and every subsequent year, [
subject to  the conditions as to forfeiture, registration, working, representation aad otherwise for the }
time being in force.*
qSflch Free Miner bu? the exclusive right to take
the gold and auriferous soil upon or within the
f&laim, and the exclusive right of entry on the claim,
for the purposes of working or carrying away such
gold or auriferous soil or any part thereof; and also,
as falifcs may be necessary, for the convenient and
miner-like working and sectffity of his flumes and
property of every description, and for a residence;
but he has no surface rights therein for any other
purpose, unless specially gran ted. t
In add-on to the above, the Gold Commissioner
may, when deemed advisable, mark out a space in
the vicinity for deposit of leavings and deade^rom
any tunnel^ or shaft; and in no case must the deads
•Ord. If 64, sec. 45.
fRoles Feb. 24, 1863.   JRules Feb. 24,1863. 20
ESTATE AND INTEREST IN MINING CLAIMS.
or leavings, forking? from sluices, waste dirt or large
stones or ta lings, be allowed to accumul te so as
tu obstruct the natural course of the stream.*
The Free Miner is also entitled to the use of so
much of the water flowing naturally through or past
his claim, as not already lawfully appropriated,! as
shall in the opinion of the Gold Commissioner be
necessary for the due working thereof.^
In case of the dea:h of any Free Miner holding
any claim, or interest, the same is not open to the
occupation of any other person for non-working or
non-representation, either after his death, or during
th j illness preceding the same.§ The Gold Commissioner has full power either to represent or sell
the same, as be may think just.U
Any Free Miner can sell, mortgage, transmit, or
dispose of any number of claims or interests therein
lawfully held or acquired by him, whether by preemption or purchase.^
In case of a sale or mortgage of any claim, the
full bona fide price or consideration must be set
forth in the conveyance, mortgage, or other document, conveying or assigning the same, otherwise
such sale or mortgage will be void.**
No transfer of any claim or interest therein is en-
: forceable unless the same or some memorandum
thereof shall be in  writing, signed by the party
sought to be charged, or by his lawfully authorised
*Ord. 1864. sec. 27.   !
fib., sec. 37
tProcl. March 28, 1863. sec. 3.
jOrd. 1864, sec. 46.
fOrd. 1864, sec 47. 48,49, 50.
f Jid  1864, sec. 45.
•*Ofd. 1861, sec. 63. ESTATE AND INTEREST IN MINING CLAIMS. 21
agent, and registered with the Gold Commissioner *
It is now, therefore, requisite that greater care
should be taken in the preparation of all conveyances, mortgages and other assurances than lias been
hitherto given to the preparation of the?e documents. The forms hitherto used for conveyances
and assignments of mining interests are altogether
informal, and have more than once called forth rev
marks from the Chief Justice, which, however, have
been as yet disregarded.
CHAPTER VI.
ON BED ROCK FLUMES.
Before making application to tbe Gold Commissioner for a grant, it is requisite that three or more
Free Miners should constitute themselves into a Bed
Rock Flume Company.f and at the time of making
the application they must mark out the ground contained in the application by square posts firmly fixed
in the boundaries of their land, and four feet above
the Surface, with a notice thereon that such land has
been applied for, stating when and by whom, and
shall also fix upon a similar post, at each of the
nearest places on which miners are at work, a copy
of such LOtice, and also put up a notice of such application in some conspicuous part of the town,
p%ce, or at the Court House nearest tbe locality
*Bules S»pt. 7, 1859, see. 6.
+Ord. 1864, sec. 10. 22
BED ROCK FLUMES.
applied for, at least five clear days before making
sueh application.*
Where any portion or part of any river, creek,
gqjeh, ravine or other water course, intended to be
taken by such company, shall have four or more free
mjaers per mile legally holding any bona fide working claims on such stream or other water course, it
^requisite for the company locating any portion of
such stream, to have their location carefully surveyed, and a post with a square top driven securely
into the ground upon the lower lino of each such
claims, within such company's limits, and shall at
the time of setting up such posts give notice to the
holder of eacn sucli'Claims, in writing, of the distance in feet and inches at which such company's
flume will strike such miner's claim, or perpendicularly below the top of such post, and the number of
iwihes grade which each flume has in eaeijtflOO feeJjt
The foregoing seem all the preliminajEjBjrequisiteS
before the application for the grant, wihich, ifl&here
be no opposition thereto, will be made)by the Gold
Commissioner, subject to sueh conditions as the
nsihing interests in his district may render ad visublet    -
Individual or private claim's holders are entitled
to putan Bed Rock Flumes,4o connect with flumes
put in by Bed Rock Flume Companies; but they,
must maintain the like grade, arid build their flumes
as thoroughly and of as strong mater ia Is a* are used
by bed rofck flume companies : and suclnindividual
or company claim holders, after the bed rock flume
*0-d. 1864, sec. 2*.   Rules 7th Sept., 1859, sec. 24.
+Ord. 1864, sec- 17.
+Ord. 1864, sec. 9. BED ROCK FLUMES. 23
has been extended through their respective claims
at their own expense, have the right either to unite
with the bed rock flume company, or work their
groundohf their own account* They are,however,
subject to the same rules with regard to cleaning up
the flumes, repairs, and other matters, as may be
adopted by the flume companies.t
Private individuals, putting in bed rock flumes,
may at any time abandon their respective claims
and have the right to at once proceed to clean up
their portion of such flume, or wait till the flume
company cleans up, and then take all gold which
may be found in their portion of the flume.!
Bed rock flume companies must measure off their
ground, set up their stakes, post their notices, and
register their claims in the same manner as individual free miners are required to do ; and shall
pay <£5 sterling per annum in addition to the registration fee, for each half mile of claim and right of
way legally held by such company.§
Bed rock flume companies, when duly authorised
by the Gold Commissioners, have power to enter
upon any river or other water course for the purpose of laying or constructing a bed rock flume
therein.11 They are also entitled to enter upon any
new and unworked river, creek or other water
course, and locate a strip of ground 100 feet wide
and 200 feet long in the bed of the stream, to each
man of the persons constituting such company, and
*Ord 1864, sec. 19. 20,
tOrd. 1864, sec. 24.
jOrd. 1864, sec. 25.
$Ord. 1864, sec. V3. Ki
l|Ord. 1864, sec. 11. Of 24
BED ROCK FLUMES.
sballihave and enjoy the right of way, from their
u- per line, to extend their said flume for a further
distance of five miles up the stream, in the bed
thereof, provided that such company shall, for each
of the men constituting the same, construct or lay at
least 50 feet of the flume during the first year, and
100 feet annually thereafter.*
They are also empowered to enter upon any river,
creek nr other water course which may have been
worked by miners and abandoned, and locate the
entire bed of sue i stream, 100 feet in width and
one-half mile in length, lor each one of the free
miners constituting such company, and shall possess
the exclu.-ive light to work the ground so located.t
''Abandoned Ground" is construed to include all
new and unworked ground outside of claims actually
held and worked.:):
At the end of each month, or such further time as
the Gold Commiss oner may allow, after service of
the requisite notices, where any portion of a river
or water course has four or more free miners per
mile legally holding any bona fide claims, such flume
companies are empowered to enter upon any claim
or claims, situate within such company's limits, and
open a cut and lay a bed rock flume through such
claim or claims, in case the owner or owners thereof
shall have failed in the meantime to open their respective claims and lay bed rock flumes thercin.§
Jn such case the holder or holders of such claims
so entered on shall be entitled to all gold taken
•Ord. 1864. s»c. n.
tOrd. 1864, sec. 14.
tOrd. 18 4, sec 11.
JOrd 1864, sec. Is. BED ROCK FLUMES. 25
from the cut and bed rock, in opening such cut and
laying the flume therein.*
In case any free miner shall enter upon, take up.
and legally work any ground above the claims of
the bed rock flume company, and within the limits
of their right of way, such company is entitled to
enter upon such claims and cut a channel and lay
their flume through such claims. The owner of such
claims being entitled to the gold taken out of the
cut or channel.f
Free miners holding claims on any stream where
a bed rock flume has been constructed, are entitled
to tail their sluices, hydraulics and ground sluices
into such flumes ; but so, nevertheless, as not by
rocks, stones, boulders, or otherwise unnecessarily
to obstruct the free working of the flume4
Bed rock flume companies are entitled to the use
and enjoyment of so much of the unoccupied and unappropriated water of the stream or streams on
which they may be located, and of other adjacent
streams as may be necessary for the use of their
flumes, hydraulic power and machinery to carry on
their mining operations ; and have the right of way
for ditches and flumes to convey such water to their
works, they being liable to any other parties for any
damage which may arise from running such
ditches or flumes through or over their ground.§
Bed rock flumes, or any interest or interests
therein, and all fixtures, are personal property, and
can be sold, mortgaged or otherwise dealt with as
such.H
*Ord. 1864, sec. 18.   fOrd. 1«64, sec. 12.   JOrd. 1864, sec. 13.
§Ord. 1864, sec. 21.   jjOrd. 1864, sec. 22. 26 DITCH AND WATER PRIVILEGES.
CHAPTER VII.
OF DITCH AND WATER PRIVILEGES.
The person or persons desiring any exclusive ditch
or water privileges, must make application to the
Gold Commissioner having jurisdiction for the place
where the same shall be situated, stating the name
of every applicant, the proposed ditch head, the
quantity of water, the proposed locality of distribution, and if such water shall be forsale, the price at
which ic is proposed to sell the same the general
nature of the work to be done, and the time within
which such work shall be complete.*
Every applicant for the exclusive grant of any
surplus water must in addition affix a written notice
of all the particulars of his application upon some
conspicuous part of the premises to be affected by
the proposed grant for not less than five days before
recording the same.t
The rent to be paid for any water privilege, unless otherwise specially arranged, is in each month
one average day's receipts from the sale thereof, to
be estimated by the Gold Commissioner, with the
assistance, if he shall see fit, ot a jury 4
The owners of any ditch, or water privilege, or
mining right, must at their own expense construct,
secure and maintain all culverts necessary for the
passage of waste and superfluous water flowing
through or over any such ditch, water privilege or
right, except in cases where a natural stream or ri*»r
•Bnlcg Bept 7, 1859. sec 7.
tRules Sept.7, 1859. sec. 7.  .
J Rules Sept. 7, 1859, sec. 8. DITCH AND WATER PRIVILEGES. 27
applicable or sufficient for the purpose exists in the
immediate vicinity.*
Such owners—not being the Government—of any
ditch or water privilege, shall construct and secure
the same in a proper and substantial manner, and
maintain the same in good repair, and so that no
damage shall occur during their ownership thereof
to_any road or work in its vicinity, from any part
or.the works of such ditch, water privilege or right
giving way by reason of not being as aforesaid constructed, secured or maintained.f
The owners are liable to make good alV such
damages by any such works giving way, which can
be recovered before a magistrate in a summary
manner, i
Whenever it is intended, in forming or upholding
any ditch, to enter upon and occupy any part of a
registered claim, or to dig or loosen any e^rth or
rock within four feet of any ditch not belonging
solely to the registered owner of such claim, three
day's notice in writing of such intention must bo
gjven before entering or approaching within four
feet of such other property ; if the owner of such
property considers three day's notice insufficient for
taking proper measures of precaution, or if any dispute arise, the matter is to be immediately referred
t&the Gold Commissioner, who has power to make
such order as he shall see fit.f
The owners of any dilch or water privilege may
sell and distribute the water, conveyed by them, to
such persons and on such terms as they may deem
•Rules Sept. 29, 1862, sec. 8.
fib:, sec. 9.
JRules Sept. 29,18<32, sec. 10.   -j-Rules Sept. 7th, 1859, sec. 18, 14. 28
DITCH AND WATER PRIVILEGES.
advisable within the limits mentioned in their application. But they are bound to supply water to
all applicants, being free miners, in a fair proportion, and may not demand more from one person
than from another, except when the difficulty of supply is enhanced. No person, however, who is not a
free miner, is entitled to be supplied with water at
all*
In order to ascertain the quantity of water in any
ditch or sluice, the following rules are laid down :
The water taken into any ditch shall be measured
at the ditch head. No water shall be taken into
any ditch except in a trough whose top and floor
shall be horizontal planes, and sides parallel vertical
plains, such trough to be continued for six times its
breadth in a horizontal direction from the point at
which the water enters the trough. The top of the
trough to be not more than seven inches, and the bottom of the trough not more than 17 inches below the
surface of the water in the reservoirs, all measurements being taken inside the trough and in the low
water or dry seasou. The area of a vertical transverse section of the trough shall be considered as
the measure of the quantity of water taken by the
ditch.t
EvCry owner of a ditch or water privilege is bound
to take all reasonable means for fertilising the water
taken by him, and if be shall wilfully waste any unreasonable quantity, he shall be charged with' the
full rent as if he h >d sold it at a full price, and if he
persists in such offence, the Gold Commissioner has
power to declare all rights to the water forfeited.^
*Rules Sept. 7th, 1S59, sec. 11.
JRules Sept. 7th, 1868.
tRules Jan. 6, I860, sec. 6. DITCH AND WATER PRIVILEGES. 29
If any person refuse or neglect to take within the
time mentioned in his application, or any further
time (if any) allowed for the completion of the ditch,
the whole of the water applied for, he shall be
deemed entitled only to the quantity actually taken
by him, and the Gold Commissioner may make such
entry in the register as shall be proper to mark such
alteration in quantity, and may grant the surplus to
any other person.t
Any person desiring to acquire any water privileges is bound to respect the rights of parties using
the same water at a point below the place where the
person desiring such new privilege intends to use
it4
Any person desiring to bridge across a stream or
claim or other place for any purpose, or to carry
water through or over any land occupied by any
other person, may be enabled to do so in proper
cases, with the sanction of the Gold Commissioner,
where due compensation by indemnity can be given.§
Every exclusive grant of a ditch or water privilege, on occupied or unoccupied creeks, is subject to
the rights of such registered free miners as shall
, then be working, or shall thereafter work in the
locality from which it is proposed to take such
water.B
The Gold Commissioner has power, whenever he
may deem it advisable, to order the enlargement or
alteration of any'ditch or ditches, and to fix what
(if any) compensation shall be made by the parties
fRules Sept. 7th, 1859, sec. 9.
+lo., sec. 18.
lb., mo 19.
Rules Feb. 24th, 1863, sec. 5. 30
ON MINING DRAINS.
1
to be benefitted by such alteration or enlargement.*
He has also power, upon protest being entered, to
refuse or modify any application or grant.t
CHAPTER VHr.
ON MINING DRAINS.
At least ton days clear notice, in writing, of every
intended application for the grant must* be given by
the applicant or applicants, by affixing the same to
some conspicuous part of the ground intended to be
affected by such application, and a duplicate of such
notice shall be given at the same time, or as near
thereto as may be, to the Gold Commissioner.!
Every application shall contain a statement of the
extent and nature of tbe piivileges sought to be acquired, and the maximum amount of drainage toll
(if any) proposed to be charged for the use or benefit
to be made or derived from the drainage works
thereby proposed to be constructed.§
The Gold Commissioner, upon being satisfied that
due notice' has been given, is empowered to grant
foil license and authority to any free miner or
miners, or company of free miners, to enter upon
any lands for the purpose of constructing a drain or
drains for the drainage of mining ground, and for
that purpose to enter into an agreement or agree-
*Rules Feb. 24,1863. see 8.
fProclaraatinn Mutch 25th, 1863 sec. 6.
JOrd. Feb. 1st, 1664, sec. 4.   fib'., sec. 2. ON MINING DRAINS. 31
ments for a grant or license with any free miners.*
He has also power to grant such rights of entry and
taking toll, not however exceeding the maximum
amount mentioned in tbe application, for such term
of years not exceeding ten years, and to grant such
powers of assessing, levying and collecting such
sums of money, by way of drainage toll, from all
persons using, or in the opinion of the said Gold
Commissioner, benefitted by such drain: or drains,
and with, under and subject to such terms, conditions and restrictions as to him, in his discretion
may seem just and reasonable.f
Every grant or license must contain covenants by
the grantees to construct such drains and have the
same in effective working order within a time certain to be therein named, and for keeping the same
in thorough working order and repair, and if the
grantees neglect to do so the Gold Commissioner
has the power to order any inspection and, on complaint, to order any necessary repairs or alterations
to be done, and if not then done, such repairs and
alterations may be handed over by him for execution to any other person or person or company, being free miners; tbe costs thereof to be levied by
sale of any part of the property of the grantees, including the tolls (but subject to tbe conditions of
the grant or license under which the same is held,)
and shall also contain covenants to make proper tap
drains in a reasonable time for or into adjacent
claims, or to suffer the parties desirous of such tap
drains to make them themselves, in which case the
parties so making and using such tap drains shall
*Ord. 1st Feb., 1864. see. 1.   tOrd. Feb. 1,1864. 32 OX  MIXING  DRAINS.
only be chargeable with one half the usual rates of
drainage or other proportion of toll, as the Gold
Commissioner shall prescribe. And shall also contain all such other proper covenants and stipulations for ensuring the better construction, maintenance and repairs of the said drains and drainage
works, and for the protection of owners of adjacent
. claims.*
Ever grant shall include a power to enter and
make tap drains, but in the case of tap drains only
three days previous notice, affixed as the manner
before mentioned, is required.t >
The Gold Commissioner alone (or if required by
either party) with the aisistance of a Jury of five
free miners, may ascertain the amount of compensation for damage caused by any such entry or ccn-
struction.l
No such grant is to affect, limit or abridge the
rights of her Majesty in or to crown lands; § and no
such grant or license shall be valid, unless it shall
contain a reservation of the public rights of way
and wafer.||
Any person refusing to obey any lawful order in
relation to payment of toll or compensation, or to
any drain or other matter that shall be required to
be doue under the Act, or m der the grant or
license, shall on conviction be liable to a fine not
exceeding ,£50, or imprisonmeut not exceeding three
calendar months.1T
*Ord. 1st Feb. 1864,   sec. 5.
fOrd   1st Feb , 1864. sec. 6.
tOrd. 1st Feb. 7th, 1864. sec. 7.
40rd. Feb. 7th, 1864, sec. 8.
BOrd. Feb. 7th, 186S sec. 9.
liOrd. Feb. "th, 1304, see. 10, ON  MI XT NT,  DRAINS. 33
If the grantees desire to abandon their grants or
senses, they moBtgive twenty clear days notice by
affixing the same and
Bier before mentioned
cteliviuc* a cin
plicate in man-
CHAPTER IX.
LEASES OF LARGER PROPORTION THAN CLAIMS.
Leases of any portion of the waste lands of the
crown niay be granted for mining purposes for such
terra of years and upon such conditions as to rent
and the mode of working and as to any water privileges connected therewith or otherwise in each case
as shall be deemed expedient by his Excellency the
Governor.f
Applications for leases are.to be sent in. in triplicate, to the Gold Commissioner having jurisdiction for the locality where the land desired to be
taken is situate.*
Every applicant for a lease shall at tbe time of
sending in his application mark out the ground comprised in the application by square posts firmly .fixed
in the boundaries of the land and four feet above
the surface, with a notice thereon that such land has
been applied for, stating when and by whom, and
shall also fix upon a similar post, at each of the
nearest places where miners are at work a copy of
such notice.§
•3rd. Feb. 7th, 1864, sec. 11.
+Prnclamalion 1830, sec. 11.
j Rules Sept. 7. 185 J, sec. 21.
•ItalM Sept. 7, 1459, »cc. SI. 34    LEASES OF LARGER PROPORTION THAN CLAIMS.
The applications must contain the name and additions of the applicant at full length, and the names
and addresses of two persons residing in British
Columbia or Vancouver Island to whom the applicant is personally known, also a description accompanied by a map ofthe land proposed to be taken.*
Leases will not be granted for a longer term than,
ten years, or for a larger space than ten acres of
alluvial soil (dry diggings), or half a mile in length
of unworked quartz reef, or a mile and a half in
length of quartz that shall have been attempted and
abandoned by individual claim workers, with liberty
to follow the spurs, dips and angles for two hundred
feet on each side of the main lead or seam, or, in
bar diggings, half a mile in length (if unworked)
along the high-water mark, or a mile and a-halt in
length along the high-water mark where the same
shall have been attempted and abandoned by individual c'aim workers.f
Leases of any land, alluvium or quartz, which
shall be considered to be immediately available for
being worked by free miners, as holders of individual claims, will not in general be granted, nor will
they in any case where individual free miners are in
previous actual occupation of any part of the premises, unless by their consent.:}:
The lcares must contain reservations for securing
to the public rights of way and water, save in so
far as may be necessary for the miner-like working
of the premises thereby demised, and also for preventing damage to the persons or property of other
•Rules Sept 7,186.1. sec. 20.
. fRnles Sept. 7, 1869, sec .21.
{Rules Sept. 7,1869, sec. 22. LEASES OF LARGER PROPORTION THAN CLAIMS.  35
parties than tbe lessee; the premises will be granted
for mining purposes only, and the lessee cannot assign or sublet the same without the previous license
in writing of the Gold Commissioner.*
Leases must also contain covenants to mine in a
miner-like manner, and also, if thought necessary, to
perform the works therein defined within a time limited ; and also a clause by which the lease may be
avoided in case the lessee refuse or neglect to observe and perform the covenants.!
Obj >ctions to the granting of any such lease must
be made in writing, addressed to His Excellency the
Governor, under cover, to the Gold Commissioner,
who will forward the same, with his report thereon.!
Every application for a lease must be accompanied
by a deposit of £25, which will be refunded if the
application be refused.§
CHAPTER X.
ON MINING COPARTNERSHIPS.
All mining copartnerships are governed by the
following provisions, unless they have other and
written articles of copartnership, properly signed,
attested and recorded.il
No mining copartnership is to continue for a
larger period than one year, but such copartnership
♦Rules 7th Sept , 1851, sec. 23.
t^ules Sept. 7.'859. sjc. 2*.
JRules Sept 7,1869, seo 25.
f P*!*i3* Sept, 7, I §69, seo- 26,
SjWfSJ f$5        -?!*S> 4S ,o» ,#381 .frtOii 36
on mining co-partnerships:
may be renewed at the expiration  of each year.*
The business ofsuch copartners must be confined
to mining, and such other matters as pertain solely
thereto.t
A majority of tbe copartners, or their legally authorised agents, may decide the manner of working
the claims, the number of men to be employed, and
extent and manner of levying assessments to defray
the expense of working the claims, and all other
matters pertaining thereto, provided that such company's claims be represented according to law.
Such maiority mav also choose a foreman, or local
manager, who shall represent the company, and have
power to bind such company by his contracts, and
sue and be sued in the name of the company for assessments and otherwise; and every such partnership must register its partnership or company naitielf
Assessments levied during the time of working
must be paid within ten clear days after each such
assessment^ And any party failing or refusing to
pay the same, after "having received notice thereof,
specifying tbe amount due, during the period such
party may be delinquent, is personally liable to his
copartners for the amount, and such amount having
been ascertained by a court of competent jurisdiction, his interest in the company's claims may be
sold for tbe amount due. with interest (if any) and
costs.ll
.   Notice of such sale of such delinquent's interest,
or so much thereof as shall suffice to pay tbe amount
*Ord. 1864, sec. 30.
tOrd. 1864, «ec. 31.
tOrd. 1864, sec. 32.
60rd. 11-64, sec. 83.
l|Ord. 1864, sec. 34.
L ON MINING   COPARTNERSHIPS.
3T
due, with interest and costs, must be publjshed by
advertisement in some newspaper published in the
district, for ten days prior to the sale, but if there
is no such newspaper, then notices of such sale are
to be posted, for the same length of time, in the
vicinity of the claim or interest to be sold, and at
the Court House nearest thereto ; and such sale
must be by public auction, to the bidder offering to
pay the amount due for the smallest portion of the
said claim or interest. The purchaser at such sale
shall, on payment of the purchase money, acquire all
the right, title and interest of the delinquent, and
shall be entitled to thelmmediate possession thereof*
All disputes concerning partnerships in any mine
or claim may be investigated, in the first instance,
before the Gold Commissioner having jurisdiction
as aforesaid, without any limit to the value of the
property or subject matter involved in such dispjate.f
Section 8 of the Ordinance of 1864 (26th Feb.),
gives the Gold Commissioner power to decide all
mining copartnerships, irrespective of amount, but
leaves untouched that section of the Proclamation of
1859^: giving the power, in case of any dispute between partners, in any claim, ditch, mine or water
privilege, where the joint or partnership stock shall
be shown not to exceed £200, but not in other cases
to decree a dissolution of partnership and a sale or
valuation or division of partnership stock, and to
direct the partnership accounts to be taken before
himself, and declare what amount, if any, is due on
the whole account by one partner to another,  and
*Ord. 1864. sec. 35.   fProcl. 1859, sec. 16.
{Section 25. 38
on mining copartnerships;
generally to make such order and give such directions therein as he shall think fit, and to take such
steps as he may deem expedient in the way of taking
security or appointing a receiver, or otherwise for
securing the partnership property in the meantime.
Though this clause seems confined to the winding up
of copartnerships alone, it is to be regretted that
the power was not extended under i his section also.
Miners of the age of sixteen years, but not under,
can become copartners.*
CHAPTER XL
ON REGISTRATION.
All persons holding any claims, ditch or water
privileges muist register the same at the office of the
Gold Commissioner who will record in a tabular
form in a book, or books, to be kept by him, the
name of the bolder, the name of the mine, and all
sueh further particulars as may by any valid Bylaw, for the place or district where the same may be
situate be required ; such registration is valid for the
space of one year and no longer.t
Every free miner is allowed three days in which
to record his claim by pre-emption after the same
has been located, if such claim shall be within ten
miles of the Gold Commissioner's office ; if more
than ten miles from it, then an additional day shall
*Ord. 1864, sec. 28.
tProclamation 1869, sec. 6. OX  REGISTRATION.
39
be allowed for every additional ten miles or fraction
often miles, as the case may be.*
The registration of claims must be in such manner and form as the Gold Commissioner may in any
locality direct, and must include all such matters as
the Gold C ommissio ner "th in ks fit to inelude.t
No transfer can be enforced unless, the same or
some memorandum thereof is registered.^:
The Commissioner can refuse to record any bill
or tunnel claim on any creek which shall include or
come within three hundred feet of any gulch or tributary of such creek §
Bed-rock flume companies must register their
claims in the same manner as individual free
miners.!!
The free miner's certificate of every applicant
must be produced previously to recording a claim
or interest."
No claims located and recorded in any district
within fourteen days after tbe claims thereon shall
have been laid over, shall be allowed or deemed to
be so laid over unless so much work shall have been
bona fide expended thereon by the holders thereof
as shall fairly entitle them to have such claim laid
over,*^,
This section is rather a puzzle as to its meaning
or as to its usefulness, as it seems confined to fourteen days after tbe laying over.
•OrJ. 1SC4   sec. 43.
•j-Rules Scpr. 7, 1859.
JKules Sept. 7, sec. 6,
|Ord. 1864  sec. 7.
j Ord. 1864, sec. 23.
i flOrd. 1864. sec. 88.
••Ord. 1&04, »ec. 42. 40 ON REGISTRATION.
An assignment of a deceased miner's interest by
the Gold Commissioders is required; to be regis*
tered as if such miner had made the same before his
death;* and a purchase, under an order of sale to
pay assessments, will no doubt bave to be so, as
there can be little doubt that the clause declaring
that no transfer shall be enforced unless registered
would beheld to apply.f
The fees on the registration of any sale, mortgage,
transfer or other disposition of any claim, ditch,
flume, water privilege or any seperate interest
therein respectively when the price or consideration
or value of the property disposed of is £100 or under, is the sum of one pound and six pence, and
for every £50 or fraction of £50 over £100, the additional fee of ten shillings and three pence, is to
be taken at the time of each registration.:(:
For every record, whether of leave of absehee
granted, or any matter or thing relating to raining,
and for which a special ie*> shall not have been provided, a registration fee of ten shillings and sixpence is to be taken, but for every search of a record
only four shillings aud two pence.§
Upon every registration or re-registraffion or record of any claim a fee of ten shillings and three
pence is to be taken.;!
Every copy or extract from any record or register
kept by any Gold Cemlmssioner, and certified to be
a true copy or extract under his hand, or other person authorised to take or keep such record or register, shall, in the absence of the original register, be
*Ord. 1864, sec. 48. +Rnles Sept. 7,1*59, ante. t*3wl. 1864, sec. 51.
$Urd. 1864, sec. 39.   ||Proclamation March 25, 1863, sec. 9. ON REGISTRATION.
41
ttfeeiirable in any judicial proceedings as evidence of
all matters and things therein appearing.*
Any person who shall wilfully and maliciously
damage, destroy, or falsify any of the records and.
registers shall ne guilty of felony, and is liable to
penal servitude for not more than ten years.t
In case of any dispute the title to claims^ leases of
auriferous earth or rock, ditches or water privileges,
will be recognised according to the priority of registration, subject only to any question which may
be raised as to the validity of any particular act of
registration X
As regards the fees for recording the sale or
transfer, where part of the consideration consists of
a sum to be paid, when taken out, it is impossible to
say whether the full fees will be taken on that sum
or no ; but there is no doubt, in equity, it ought only
to be in the intrinsic value of the amount at tbe
time of tbe sale.
Mining copartnerships must regsster their partnership or company name.§
CHAPTER XII.
ON  THE   REPRESENTATION   AND   ABANDONMENT   OF
CLAIMS.1
Every miniug claim mustbejepresepted either by
the free miner himself or some other in his stead,
except under the circumstances hereafter mentioned.
*Ord. 1864. sec. 64.   tPr°cl. 1859, sec. 39.
JProcl. 1859,: iec. 8.   §Ord. 1864, sec. 39.
\ 42 REPRESENTATION, &C, OF  CLAIMS.
However, where a free miner has disposed of a
half or other less interest it is not requisite that
such interest should be represented seperateLy it
will be sufficient if the whole claim whether divided
amongst two or more be represented by one miner.
Tbe representation must however, be bona fide
and not a colorable working.*
As to what is the precise meaning of a bona fide
and not colorable working it is somewhat difficult
to define. The decisions of the Gold Commissioner
during: last season left the law in a very unsatisfac-
tory state, and the i*sne of some rule for the guidance of the miner would be of advantage.
The following species of work, though not strictly
widiin the definition of mining work are subjects
which have been laid down as bona fide :
1. Clearing brush from the claim.
2. Building log huts or cabin.
3. Cutting lumber for wheel, shaft or other work
at a distance from the claim iteelf.
4. The time engaged in fetching provisions and
other requisites for the use of the miners, and also
materials for mining purposes.
Where claims are worked in copartnership the
majority may decide the manner of working and
the number of men to be employed, they musLhowever keep the number of claims fully represented
according to law.t
It is the usual course to have every individual
claim in a set of c'aims represented by one minor,
but the Gold Commissioner has tbe power vested in
him to regulate what number of miners shall be
*Proclamatou March 25th, 1863, sec. 3.   fOrd, 1864, sec. 32. REPRESENTATION, AC,  OF CLAIMS.
43
employed in prospecting until gold in paying quantities shall have been discovered, after which the
full number of authorized miners must be employed
on the claims.* This seems confined to tunnelling
and sinking and it is apprehended that it does not
include the^claims worked by sluices or fluming, so
that the whole of the claims in these companies will
have to be represented.
As to the abandonment of claims, a claim or mine
shall be. deemed to.be abandoned and open to the
occupation of any free miner when the same shall
remain unworked for the space of seventy-two hours,
unless In case of sickness, or unless before the expiry
of such seventy-two hours a further extension of time
be granted for enabling parties to go prospecting or
for such other reasonable cause.t
The laying over of claims through the owner
not being able to work the same for lack of water,
or through being troubled with too mueh water, and
some o'her causes, have been allowed, upon proof
thereof, to be good and reasonable causes for laying
over the claims. A certificate for this purpose is
granted by the Commissioner which. must be recorded, for which a fee of ten shillings and sixpence
is charged.:}:
Private flume companies are required before giving up their claims to give notice to the bed-rock
flume companies.§
All claims are held subject to tbe conditions as to
forfeiture, working representation, registration and
•Rules Feb. 24th. 1863. sec. 2.;
tHuIps 7th Sept. 1359, tea, 12.
rOrd 1864, sec 39.   .
}0rd. 1864, sec. 25.   « 44 ROADS AND WORKS.
otherwise for tbe time being in force with respect
to such claim or interest under any law or rule regulating the same, and every such forfeiture is absolute, any rule of law or equity to the contrary notwithstanding.*
This rule is of more importance than to a casual
observer might appear, as it renders it requisite, if
through inadvertance or negligence, any such forfeiture should occur to re-record and re-register in
order to secure a good title.
Mining Drain and Water Co.'s can abandon their
respective properties upon giving the notices mentioned in the respective chapters on those heads.t
For the purpose of bed-rock burning " abandoned
ground" has been construed to include all new and
unworked ground outside of claims worked upon
any stream which may have been discovered and
mined for two years or more.t
CHAPTER XIII.
ON ROADS AND WORKS.
Any person engaged in the construction of any
road or work may, with the sanction of the Gold
Commissioner, cross, divert, or otherwise interfere,
with any ditch, water privilege, or other mining
right whatsoever.§ subject to payinar compensation
for damage or interference and replacing and re-
*Ord. 1864, sec. 45.
fAnte
JO*d. 1864,sec. 14.   {Rules Sept. 29, 1863, sec. 1. MINING DISTRICTS.
45
pairing damage * The Gold Commissioner's certificate that all requirements have been fulfilled, and
of the damage done and of the payment for the
same,t (which is to be recorded, and open to inspection on payment-of two shillings;© is to be evidence
in any court in the Colony, and discharge the persons to whom it is granted from liability for the
damages therein mentioned.§
CHAPTER XIV.
MINING DISTRICTS.
The Governor of British Columbia may, from
time to time, by any writing under his hand, published in the Government Gazette, erect any portion
of the Colony into a mining district, and give ?u< h
district as distinguishing name, and define the limits
and boundaries thereof, and also may again abolish
and reconstruct such district, and from time to time
alter and vary the limits and boundaries.!!
Such mining districts are free and open to all
persons engaged in mining or searching for precious
metals, subject to the provisions of the Gold Fields
Act, passed the 31st day of August, 1859, and tbe
subsequent Proclamations and Rules.TT
•Rules Sept. 29, 1863, see. 2.   fib., sec. 3.   Jib.,sec. 4.   $Ib.,
sec. 5.
('Proclamation S7ih M&y, 1863, seo. 1.   *Ib. sec. 3. 46 GOLD  COMMISSIONER.
CHAPTER XV.
THE GOLD COMMISSIONER.
The Gold Commissioner is appointed by bis Excellency the Governor; he exercises, during his term
of office the authority and jurisdiction of a Justice
of the Peace for the Colony in addition to his
proper authority as such Commissioner.*
He has full jurisdiction over all disputes relating
to the title to any mine.or claim, or to any part of
the proceeds thereof, or relating to any ditch or
water privilege, mine or claim, or relating to the
mode of carrying on the same, or any of them, and
all disputes concerning partnership in any mine or
claim, without any limit to tbe value of the property,
or the property or subject matter involved in such
dispute.?
He has also jurisdiction as to disputes regarding
boundaries or the* encroachment on claims o\ other
mining property, and to restore the property so encroached upon and the gold taken therefrom, and
also to award such damages as the nature of the
case may require.$
He has also jurisdiction over all disputes relating
to contracts for labor (including all wages due
workmen and others) done in respect of any ditch
or water privilege, mine or claim, or relating to the
mode of carrying on the sameȤ
He has power when the joint-stock of a co-parter-
* Proclamation 1849, sec. 15.
fProelamstioo 18d8, ate. IS.
ttioplsjpafjori 18Q9, sec, 23,-
f ??Pfl9!i)4rf$tt ll#< asp- life : GOLD COMMISSIONER.
47
hip does not cxceet
£00 to decree a dissolution
of partnership, appoint a receiver and take all other
necessary steps for windirg up tbe same.*
He ha? also the Hue jurisdiction in all disputes relating to bed rock flumes and mining drains.
He has power to try all persons charged with any
offence against any Proclamations, Rules or Regu-
lations.
He records all claims and makes all grants to companies or private individuals requiring ditch and
water privileges, bed rock flume and mining drain
rights and privileges ; records all deeds, certificates
and other documents ; he assesses all damages, and
orders the mode of collecting the same; he has charge
of deceased miners' claims; he marks out all plots
of ground for trading or gardening purposes.t
He, without a jury, is alone the sole judge of
law and fact.:}: He has power to cause such parties and witnesses as he shall think proper to
attend on any proceedings before him, and to compel the' 'production of documents in any such proceed ings.§
He has power, in case of dispute as to boundary
or measurements, to employ a surveyor to fix and.
mark the same, and to cause the expense thereof to
be paid by either of the parties interested in the
question at issue as he shall deem fair and just.il
Where any ditch or water privilege is situate
partly within his jurisdiction and partly not, it shall
be deemed to be wholly within ; and the Gold Cora-
*Proclamation 1S59, sec. 36.
^Proclamation 1859. sections 27, 28.   jib., section 22.
jProet 1869, sec. 23.
:;Rulcs Feb. 24;h, 1863, sec. S. 43 GOLD COMMISSIONS
miseioner within any district in which the same is
partly situate has full jurisdiction to act.*
An appeal is granted from his decision where any
person is convicted of any offence against any Proclamation, Rule or Regulation and sentenced to any
term of imprisonment beyond thirty days, or to pay
a fine above £20. over and above the costs of summary conviction, to the next assizes to be holden for
the district or place wherein the cause may have
arisen ; provided such person enter into recognizances, with two sufficient sureties, conditioned personally to appear to try such appeal, and to abide
the further judgment at such assizes, and to pay such
costs as shall be by such last mentioned court
awarded ; and the convicting Gold Commissioneir.
may bind over any witnesses or informant, under
sufficient recognizances, to attend and give evidence at the hearing of such appeal.t No objection
will be allowed to the conviction on any matter of
form or insufficiency of statement.^
Penalties for the infraction of the Gold Laws
may, if deemed proper, be ordered to be recovered
by sale and distress to be levied forthwith, or at
any convenient interval after conviction and nonpayment within so many hours, or such longer time
as shall be allowed, by distress and sale of any
claim or ditch, or any personal property whatsoever,
of the person on whom such penalty may have been
imposed.§
An appeal is allowed in civil cases, if either party
where the subject matter in dispute is more than
•Proclamation 1859, see. 15.
+ Procl. 1869, sec. 18.   lib., sec. 19.
JRules Feb. 24,1863, sec. 6. GOLD COMMISSIONER.
49
£20, shall be dissatisfied -with his determination, to
the Supreme Court of Civil Justice, provided that
the appealing party shall, within four days of the
determination appealed from, give notice of such
appeal to tbe other party, and also give security, to
be approved by the Gold Commissioner, for the
costs of the appeal, and also for the amount payable
by the appealing party under the judgment appealed
against. And the said court of appeal may either
order a new trial, on such terms as it shall think
fit, or order judgment to be entered for either party
or try the cause de novo, and may make such order
as to the costs of the appeal as such court shall think
proper, and such appeal may be in tbe form of a
case, settled and signed by the parties and their at-
tornies, and if they cannot agree, the said Gold
Commissioner may settle and sign the same upon
being applied to by the parties or their attornies.*
In case of any cause relating to a mine; claim or
ditch being brought in the first instance before the
Supreme Court, wherein the damages sought to be
recovered shall be less than £50, the court, after
issue joined, may direct such cause to be tried before
any Gold Commissioner whom the court may name,
and upon such terms as the court shall think fit.t
It is not necessary for the Gold Commissioner in
any proceedings before him to follow any set forms,
provided that the substmee of tbe things done and
to be done be therein expressed ; nor shall any proceedings be liable to be set aside for any want of
form, so long as matters of substance have not been
omitted.$
♦Frocl. 1**9, sec. 30.   fib., sec. SI,
JProsl. 1853, :»C 24, 50 GOLD COMMISSIONER.
The   Gold    Commissioners   constitute   Mining
Boards.    They take the votes and are the retorpaMg.:
officers ;   and fill by appointment all vacancies in
Mining Boards when the same mav occur.*
CHAPTER XVI.
MIXING BOARDS.
Upon petition signed by not less than one;hundred and one free ndners in any district, such minejs,
having been three months on the register and upon
a certificate from tbe Gold Commissioner of such-
d strict testifying to the number and good faith of
the petitioners, his Excellency the Governor may by
a notification under his hand and seal direct the
Gold Commigsioner acting in and for such district
to constitute therein a local board to be called the
Mining Board.*
The Mining Board shall  consist of not less than
six nor more than twelve, of the general body of thei
voters in such district, according to the following
scale, namely :   if there shall be not more thajo^»e'!
hundred  and fifty voters, then tbe Mining Board
shall consist of six members; and for every number/
of fifty voters beyond one hundred and one, then
Mining Board  sba^ comprise one additional member, but not so as to consist of more  than twelve.
The members are to be elected by the votes of registered free"miners of the district, who have been
^Procl. 1859, sec 29.    Ord. 1864, sec. 2.
♦ProclBtnation 1869, seo. 29. MI.VING BOARDS.
51
three months on the register, each voter to have the
number of votes there are members to be elected.*
The votes of electors must be given by word of
mouth and in person. The Gold Commissioner of
the district is to be the receiver and examiner of
votes and the Returning Officer.t
The Mining Board shall meet at such times as a
majority shall decide, and one half the members
shall constitute a quorum. The Gold Commissioner
may, however, when and so often as in his opinion
occasion shall require, call together such Mining
Board.J
If any member shall cease to be a registered free
miner in the district, or shall be convicted of any
misdemeanor or felony, or of any assault being
armed with a lethal weapon, or of any wilful and
malicious contravention of the Proclamations, Rules
and By-laws in force in any district, he shall, ipso
facto, vacate his seat, and not be re-eligible, save
that a member vacating his seat only by reason of
his ceasing to be a registered free miner, shall be
again eligible on his again becoming entitled to
vote.§
Three members of the Board, or so many members
as together with vacancies caused as aforesaid shall
make up three members, shall retire annually by lot,
or agreement, or seniority ; retiring members shall
be immediately re-eligible.||
The Gold Commissioner shall fill, by appointment,
all vacancies which mav arise in the said Board,
•Prod. 1869,seo. 81.
fProcl. 1859, sec. 31.
tOrd. Is64, sec. 1.
JProcl. 1859, sec. 32.    ||Ib.,
sec. 30. 52 MINHfG BOARDS.
and when the same may occur ; and such appointees
shall hold office until tbe next general election.*
The general election of the members of the board
shall be held on such a day in each year as the
Gold Commissioner in each district shall appoint.t
The Mining Board have power, by resolution, to
make By-laws, and also from time to time to alter
and repeal any existing By-laws for regulating the
size of claims and sluices,.the mode in which claims
may be registered, worked, held, and forfeited, and
all Other matters relating to mining matters in their
district; provided that no such By-law, repeal or
alteration shall be of any force unless approved by
His Exdeltettcy the Governor.^
Such by-law, repeal or alteration being duly made
and approved, and not being contrary to tbe statute
or common law, and not being contrary to natural
equity, shall be admitted in all courts in British
Columbia as a good local law ; and a copy thereof
extracted from the by-laws, and purported to be
signed by the Gold Commissioner of the district,
shall be good evidence thereof, and that tbe same
have been lawfully made and were in full force at
the time in such copy or contract in that behalf specified^
Any resolution of such Mining Board may be
passed by a bare majority of the members of such
board, if the Gold Commissioners shall consent
thereto, or by two-thirds of the members of such
board if the  Gold Commissioner shall not consent
•Ord 1864, see. 3.
tOrd. 186*. seo. 2.
+ Procl. 18-59. sec. 34.
fProcl. 1859, sec. 34.
JL_ MINING BOARDS.
53
thereto ; the Gold Commissioner shall, within seven
days ofthe passing of any resolution concerning any
by-law or general regulation, which ho shall on any
grounds deem expedient to lay before His Excellency
the Governor, make and send to His Excellency a
fair copy thereof, signed by such Gold Commissioner,
with his opinion thereon.-
The votes on all resolutions of the Mining Board
shall be given by the members personally and by
word of mouth.f
All questions of order and of the time and manner
of conducting the ..business at such Mining Beard,
and of the times and places of meeting, after tbe first
meeting thereof, and of the propriety of elections
add qualifications and disqualifications of members,
are to be decided by the majority of such board,
either from time to time,, as any question may arise,
or by any fixed rules or orders,-as may be thought
advisable, and which such majority are authorised
to make by writing under their hands. J
His Excellency the Governor, by an order, under
the public seal of the colony, may at any time declare tbe Mining Board in any district dissolved, as
from a day to be named in such order; and if no
day be therein named in that behalf, then as from
the date of such order. And from and immediately
after such dissolution, the power to make and repeal
by-laws and regulations shall immediately be vested
in the Governor, in the same manner as if such mining board had never been constituted. All by-laws
and working rules and regulations, and all other
acts made, done and established in the meantime to
•Prncl. 1859, section 3-5.    lb., section 3G.
JProcl. 1859, section 36. 54 MINING BOARDS.
be valid, until the same be altered or repealed by
tbe Governor, by some order under the public seal
of the colony.*
*Pi*UIamation 1859, section 37.
CHAPTER XVII.
ON THE DEFINITION OF MINING WORDS.
The following expressions are to have the following interpretation, unless there be something inconsistent or repugnant thereto in tbe context:
" The Governor," shall include any person or persons for the time being lawfully exercising the authority of a Governor for British Columbia.f
" The Gold Commissioner," shall include the assistant Gold Commissioners and Justices of the
Peace acting as Gold Commissioners, or any other
person lawfully exercising the jurisdiction of the
Gold Commissioner for the locality referred to.J
The word " Mine," shall mean any bar or separate
locality, in which any vein, stratum or natural bed
of auriferous earth or rock^hall be nined.§
The verb "to mine," shall include any mode or
method of working whatsoever whereby the soil or
earth or any rock may be disturbed, removed,
washed, sifted, smelted, refined, crushed, or otherwise dealt with, for the purposes of obtaining gold,
and whether the same may havebeen previously disturbed or not.il
•frProclamation 1869, section 1.   Jib.
^Proclamation 1869, section 1.   |jlb. MINING WORDS.
55
" Claim," shall mean, in speaking of individual
persons, so much of any mine as by law may belong
or be alleged to belong to the individual spoken of;
O O ST 7
and in speaking of any partnership, so much of any
mine as may by law belong or be alleged to belong
to the persons of whom the partnership Bhall exist,,
but shall not extend to a lease of auriferous land.*
" Free Miner," shall mean a person named in and
lawfully possessed of an existing valid free miner's
certificate.t
" Registered Free Miner," shall mean a free miner
registered as entitled in his own right to any claim,
lease of auriferous earth, ditch or water privilege.:^
And words in the singular number shall include
the plural, and the masculine gender shall include
the feminine gender.§
The expression " Bar Diggings," shall mean every
mine over which a river extends in its most flooded
state. " Dry Diggings" shall mean any mine over
which a river never extends.II
" Ravines," shall include watercourses, whether
usually containing water or usually dry.^f
" Ditch," shall include a flume or race, or other
artificial means, for conducting water by its own
weight into or upon a mine. " Ditch Head," shall
mean the point in a natural watercourse or lake
where water is first taken into a ditch.**
•Proclamation 1859. sec. 1.   fib-   ££&•   §H>.
I!Rules Sept. 7, 1859, section 1.   *JIb.   **lb. 00
L
baa us iistdex:.
Pao«.i
"Abandoned Ground," what 241
Abandonment, what is deemed an  43
' Except io  case of sickness  43.1
Except in case of cxien- I
sion of time  431
Except in case of laying
over  43
By   owners   of   private
flumes .2, 3, 4, 5
By   owners   of   mining
.drains 83, 341
Absence,certificate of leave of (
How granted  40j
Fee on  registration  40 j
Appe.-il—
When allowed  48
In    conviction    against
penalty  481
To be to Assizes  48 J
Recognizances  481
Witnesses on' 47, 481
Not allowed on matter of
form  48
In civil cases 48, 49
Security to be given.... 491
Notice to other party ... 49
Court   may   order   new
trial  49
Order as to costs....... 491
In form of special case.. 491
Application—
For free   miner's certificate  91
For bed rock flames . .21, 22;
For ditch and water privileges  26|
PA.OB.
Application—
Fi>r mining drains......    30
-For leases of larger proportion than claims.... 33, 35
Appointment—
Of Gold Commissioner..   46
Assessments-
How and by whom made   20
Manager may sue for...    36
Within what time mast
be paid    36
Claims may be sold for..   36
: Xotice of sale 36, 37
Sale must be  by public
auction     37
Remarks on collection.. 6, 7
Assizes-
Appeal to     48
| Bar Diggings—
Description of..........    13
How laid out ••   18
Bed-Bock Flumes—
What 14, 16,21
Application  for 21,22,23
Notices to be given... 21, 22
Requirements -before application      21
The grant of 21,22
Private  chnmholders
right to put in 22,23
Subject to same rules as
company     23
As to registration     39
Right of private holders
to abandon     23
Measurem't of ground.23,17
Fee on registration of..   23 58
INDEX.
Bed Rock Flumes—
Entry on any creek... .23, 24
On abandoned crecK. . . .     24
On creek being worked.    24
Holders of claims  entitled to grid 23, 25
On ground above companies claims..* * 25
Rights of water for     25,
Are personal property..   28
How transferred........   26
Remarks on  5, 6
Bona Fide Working—
What     42
Boundaries—
Surveyor    may    be   appointed to measure     47
As to expense of survey
of '.    47
In quartz claims........    18
Bridge—
The right to     44
By-laws—
How  made   by  mining
board       -1?
Conviction   for   offences
arrainst     43
Appeal therefrom     43
Cause—
■When sent down   from
Supreme Coin-'     49
Certificate—(see Free Miner)
.Fees on registration of..   40
Of damage.............    45
Of leave of absence     40
Of laying over ....... .4.1, 4'i
Claim—
What     54
Claims—
Different kinds of     11
Subject to public rights of
way and water...     12
Description of creek.... 12
Do. hill and tunnel ....    12
Dp quartz         13
Do. bar diggings .......    13
Do, bonch diggings.. .13, 14
When miner allowed 9 . 14
What are diicovcrv     14
Paok.
Claims—
Pre-emption of.16, 17, IS, 19
Estate & interest in. 19, 2 ', 21
Of bedrock flumeco.*s.23, 24
Owners    of,     right     to
. water 20, 23
Registration of .-- .38, 39, 40
How represen ted..... 41, 42
Abandonment of.. .42, 43, 44
Company—
. As  to  bed   rock    flame
 6, 6. 7. 21, 22, 23
Commissi milts (See Gold.)
Compensation—
For damages...29, 44, 45, 40
Consideration, how set forth,    29
Conviction, appeal from — .    48
Copartnership—
Period,of continuance. .35,36
The business of..     36
Powers of a majority.. • •    36
The foreman of.     36
Assessments     38
' Liability of partners....    30
Power to sell for assessment.. ..........    36
Sale by, how conducted, 36,37
Del ps til    concerning  — ..37,46, 47
Winding up of, 37, 38, 46, 47
Winers  16 years of age
may join          38
How registi red,. ......39,41
Copy of Register—
When evidence. 40, 41
Covenants—
Iu   grant   of    mining
-   drains... 31, 32, 31
in mining leases 34, 35
Creek Claim—
What     12
How laid out  16, 17
Creek-
Powers   of entry on.  to
flumes 16, 23, 24, 3-5
Damage—
Assessment of 44, 46, 47
CertiScate of     4s
Dnyi allowed for ttjittration   38 INDEX.
59
Pa
Deceased miner's interest, .20
Decision—
Appeal from 48,
To Assizes	
To Supreme Court.. . .48,
Deposit  on   application for
mining lease...	
Discovery claims,what......
Disputes—
Gold   Commissioner decides all 46, 47,
Dissolution—
Of mining board......53,
District, mining	
Ditch—
What	
Making roads over....44,
Ditch head, what	
Ditch and Water Privileges—
What are	
Application for	
Notice* to be given	
The rent for	
As to culverts  for waste
water 26,
How ditches  made and
maintained	
Notice to  private claim
holders	
Owners may sell water, 27,
Bound to supply alike..
How to measure water..
Full   amount  of   water
must be taken	
Rights of parties  using
water below	
Power   to   bridge   over
stream or claim	
Gold Commissioner's
power to enlarge ditch..
Gold  Com'rs'  power to
modify grint	
Documents-
Compelling production of
Drains, mining—
What are	
Notices before application 	
Application for grant..<
OE
,40
49
48
49
36
14
48
j
54 j
45'
Paqb.
Drains, Mining—
The grant     30
Right of entry     31
Takine of toll     31
Covenants in grants of..   31
. As to term of completion   31
The    construction     and
maintenance of....    31
As to tap drains 31, 32
Entry to   construct  tap
drains 31,33
Compensa'ion for damage    32
Crown riaht; and  public
rights reserved     32
Disobedience of order of
Gold Commissioner     32
65\       Amount of fine    32
Abandonment of     44
15 Dry Diggings—
25'       What.    65
26 Electi'.n —
26,       Of mining board 50,61
Electors—
. Votes of    51
Entry, powers—
Of bed-rock flume  companies  ;.,."...'«5023, 24
For constructing diches   27
For mining drains     31
For constructing roads..44,45
Estate and Interest in Claims
Eqnivelent to a lease for
a year 9, 19
The  rights   appurtenant
to 19,20,21
.Deceased miner's? 20, 40
Sale and transfer of.. .20, 21
Remarks on    21
Evidence—
Oopy of record 40, 41
ProdtftfHon of documents   47
Compelling attendance of
witnesses 48. 47
15,'Extension  of Leave of Absence—
30        Certiflcote of.........,
30        Fees in ,.,
27
28
28
28
29
29
29
291
30
47
40
4
0
' 60
INDEX.
Page.
Fees—
On registratioo of sale or
• mortgage     40
Remarks on    41
On   free miner's   certificate       B
On certificate of absence,    40
Other certificates     40
On searching record...40, 41
Feme' ob-vert—
As to disability of 8, 9
Finis—
For violating by-laws...   48
How recovered     48
Flumes—
Personal property.     25
• Abandonment of, by pri-
vate individuals     23
Abandonment of, by company     36
iPoreman—•
How elected    36
Powers to sue     36
Forfeiture—
Absolute..     43
Remarks on....    44
Free-Miner—
,"2Whomay become 8, 56
Must be over 16      8
•As to married women... .8, 9
In terest in' claim... 19. 20, 21
His rights 10.19. 29.31
Right to space for deads 19,20.
Right to water     20
Deceased, as to his interest     20
Rights in districts ......    46
Free Miner's Certificate—
How obtained       'j
Fee for same      9
Necessity for     10
As to form of     10
Must be countersigned..    10
The right to confer     10
Portion recorded     10
"How replaced if lost or
destroyed     11
Parties destroying,  how
punished ....'.    11
Pack.
Free Miner's Certificate-
Must be produced when.    39
Expences—
• Of surveyor, how paid...   47
General Election—
Of Mining Board 50, 51
Gold Commissioner—
-Who     64
His appointment     46
Is a Justice of the Peace 46
Has jurisdiction.46, 47, 48, 49
Over mining disputes .46, 47
Over bedrock flume co. s   47
* 'Over " persons  offending
against by-laws 47,48
■ -Registration by .. .33, 39,40,
41,47
Assessment of damages.   47
Is judge of law and fact.    47
Power as to  attendance
of Witnesses.    47
Do. as to production of
documents       47
Power of to employ surveyor      47
Power of to paying his
expenses    47
Power of to  recovery of
penalties    48
power when portion of
ditch only within his dis- "
trict. ....' 47.48
Appeal from decision of,48,49
On  offences  against by-   -
laws "..   48
In civil cases 48, 49
Cause sent down   from
'Supreme Coui t	
Grants by, of bed rock
flume 21,22,47
Of'diich and water pritj-
Tfrfes 26, 47
Of mining drains, 30,31,32,47
Has  power   to   enlarge
ditches   "29
Has   power   to    modify
grants of water     80
Governor—Who    54
Leases by    83 INDEX.
61
Gran t—
Bed
Page
rock flumes, 14, 15, 21.
22, 23, 24, 25
Bow made 22, 47
Of ditch and water privi-
vile^es 15, 26
How applied for     26
Of mining drains 15, 30
How made. 30, 47
Covenants in 31, 32
Reservation    of    crown
rights     32
Of leases of  larger  proportion than claims ...15, 33
Application for ...... .33, 34
How made     33
Restrictions in 34, 35
Covenants in     35
Objections to     35
Deposit  on   application
for     35
Ground, Mining—
How measured     17
Abandoned what ••    24
Hill or Tunnel Claims—
What.......'.'^     12
How laid out 17, 18
Individual claims-
Each   should be staked
off .£,    18
Individual claim-holders—
Right   to    put   in
flumes 16,25,23
Subject to same rules as
company...............   23
Inequalities—
In measurement     17
Infants—
Above 16 years can hold
claims      8
Under that age cannot..      8
Interest in claim—
What 19,20
Interests—
(See mining interest)
Introductory remarks 5, 9, 7
Jury-
In assessing damages..32,47
Page.
Jurisdiction of Gold Commissioner—
In   all   mining   disputes 46, 47,48,49
Over     bed  rock   flume
companies. 22,23,24
Over persons.. offending
against bi -law 47. 48
In assessing damages 27,32,47
In civil cases 48, 49
In partnerships,
36, 37, 38, 46, 47
As tc roads 44, 45
As to Mining Board, 50,51.52
Laying out—
In creek claims 26f*i|7^*
In hill & tunnel claims, 17,18
In quartz claims     18
In bar diggings...     18
In bench diggings,.. ..18, 19
The nieasu. ement in. ..    17
Notices, how affixed....    17
Each claim must be staked off     18
Remarks on     18
Laying over—•
Claims-taken up after...   39
Remarks on     39
As to     43
Certificate of 40, 43
Lease for a year—
Interest in claim equive
lent to 9,19
Leases of larger proportion
than claims—
What 15, 16
The    Governor    makes
grant  15,16, 33
Applications for.... 33, 34, 35
Ground,    how    marked
out 33,34
Notices     33
Contents of application.. 34
Time for which, granted. 34
Land available for free
miners not granted 34
Where private individuals hold part of ground. ■   34 40
62
INDEX.
Page.
Restrictions in, of public
rights     34
Do.  for preventing damage 34,35
Granted for mining purposes only     31
Covenants in ¥)'$.     3-31
To   work in miner-like
mann er	
To complete within a certain period	
Non-observation of covenants in	
Objections to, how made
Deposit on application..
Liability—
Of copartners. .36, 37, 46, 47
Lost certificate—
Hew replaced     11
Majority
Of copartners    36
Of mining board 62, 53
Marking out Ground—
How 16, 17, 18,38,47
Married Women—
As to claims held by....8, 9
Mine, what    64
Miner  (see   " Free Miner/'
j Registered Free Miner')
Mining Board—
Petition for     50
Number of members of 50,51
The votes of electors....    61
Meetings of     51
Who eligible to be members of    61
Three   members    retire
annually     61
Vacancies, how filled. .51, 62
General   election,  when
held	
The powers of 5
To make by-laws.......
To alter and repeal bylaws    52
To regulate size of claims
and sluices     62
Working of claims .....    62
All other mining matters   62
By-laws must be approved by Governor     52
By-laws good local laws.    52
Majority required to pass
bv-laws 62, 63
Votes of members     63
The transaction of business       63
I       How dissolved........53, 54
35,Mining claims—
(See claims.)
Description of..........    11
As to bed rock flames,
14, 21, 22,23,24
Ditch   and   water   privileges.... 15, 26, 27, 28, 29. 30
Mining drains. .15. 30, 31, 32
Mining leases.15,16,33.34,36
Mining Districts—
Their creation    46
Open to all free miners..   45
35
35
89
35
Mining Drains-
What    15
As to giant    30
Notices* before   application     30
Requisites    of    application     30
Rights of entry     31
Rights of  taking toll...    31
Covenants on grant     31
Time of completion    31
Construction and  maintenance of      31
A8 to tap drains-.     32
Entry   to  construct  tap
drains 31,32
Compensation for   damage    32
Crown rights  reserved..    32
Disobedience of order...    32
Amnui.t of fine     32
Abandonment of. 33, 44
521 Mortgage—
I       Of claims    20
Of bedrock flumes    25
Fee on registration....40, 41
Notices—
In laying out claims.. .17t 18 '
By bedrock flume C0.V21, 22
631 INDEX.
63
Page.
Notices—
On application for ditch
or water privilege     26
Application   for mining
drains     30
On application for mining leases    33
Number—
Of claims not requisite..    16
Of Mining Board 60, 51
Objections—
Of mining leases     35
Payment—
Of assessments 6,7
Of fines    48
Pegs—
(See Stakes)
In laying out hill or tunnel claims    17
Remarks on removal of,   16
Powers—
O f bed rock flume co. 's..  23.
24, 25
To enter creeks 23, 24, 25
To enter  ground   taken
np above '.;....    25
For constructing ditches   25
For mak'g mining drains   31
Of entry     31
Of taking tolls    31
To construct top drains, 31,32
Of a majority of mining
board	
Of a majority of co-partners  •     36
Of constructing roads .44, 45
Of gold commissioner.46, 47,
48,49
To compel production of
documents     47
To compel attendance of
witnesses     47
To employ surveyor ....   47
To recover penalties....   48
©f mining board..50, 51 52,
53,54
To-make by-laws    52
To alter and repeal    52
Regulate size of claims.   52
Page-
Powers—
Do. working    52
Do. all other mining matters     52
Pre-emption   (see   " Laying
Out," "Registration."
Priority—
Of registration and title.    41
Private Claimholders—
Rights of, to flume, 15, 22, 23
To join  their flumes to
company      22
To abandon their flumes,   23
43
Privileges (see  " Ditch and
Water.)
Production  of  free miner's
certificate     39
Of documents     47
Public Rights—
All  claims   are   subject
to 12, 32
In mining leases    34
Quartz Claim—
"What     13
How laid out     18
What bouudary to be left   18
Quartz—
As to lease of land     34
Ravines, what.<>     55
Recovery—
Of fines and penalties...    48
Of assessments 36,37
Remaiks on 6, 7
RestVictions—
In mining leases . .33, 34, 35
Of public lights     34
For preventing damage, 34,35
Against using otherwise
than mining purposes ..    35
Registered Free Miners, who   65
Registration—
Particulars of 38, 39
Valid for one year     38
Three  days   allowed to
record 38, 39
As to form of 39, 47
No transfer can  be enforced without    39 jffH"
64
INDEX.
Page j Page.
The Commissioner may       ISluices—
refuse 17, 39, 57j        Tailings from 19,20,26
Of  claims of  bed rock Spurs—
flumes companies     23 Right to follow....13, 18, 34
"Within 14 days of laying Stakes—
over     391       Size of .,     16
Remarks thereon     39)        H ow fixed 16,17,13
Of trans-er of  deoeased
miner's claim     40
Of sale for payment of
assessmei ts     401
The   fees   on, of    sale,
mortgage... 40, 41
Remarks on     41
The. fees on............       I
Of abstract or other mat-       I
How    fixed   in   creek
claims.........,j.......    16
How   fixed   in  hill  and
tunnel  claims     17
How fixed   in   bar  diggings  :   18
H«w fixed in bench diggings      19
Must not be moved  or
concealed or injured....    16
ter    40
The fees on, of claim...    40(Supreme ( ( urt—
On search for 40, 41 Appeal to 48, 49
COpyof.'to beevidence,40,4l Cause sent  down to  be
Priority of title, by   rior- tried from     49
4{y of    41 Snrveyor—
Of partnership name.. .36, 41 Employment of        47
Rights— Bow paid     47
Crown rights reserved. .19, 32 Tap Drains—
Public 12,32, 34       ;£*ight of entry to make 31, 32
Roads and' Ways— Right of private  owner
Construction of 44,45        to make 31, 32
Crossing ditches    44 Title—
Damage in constructing,44,45 Priority by registration..    41
Certificate of damage     45 Tunnel (see HiBj
Rules— 'Vacancies—
Remarks on      5|       In mining board....    50,51
Sale or transff-r— (Water, in Ditch*.-!'
Of claims 20,40 Miner's right to     20
O f    deceased    miner's Bed    ruck   flume   co.'s
claim 30,40        rights of     25
Of flumes     25 Reservation of rights of    32
Search of records— Ways and, rights of. .1', 32,
Fees on    40 34.41,45
Sickness— Ways (see Roads, Water.)
As to    20 Working—
•Sluices— Bona Fide, what    42
Regniated    by   Mining Winding up—
Board     52:        Of partnership 37,46,47 ADVERTISEMENTS. Ixv
BBEX & CARSWELL,
IMPORTING
ELLERS1 STATIONERS,
Constantly supplied and receiving from best sources
School, Standard k Miscellaneous
BOOKS,
Staple and Fancy Stationer/{Ih all its branches,
<§©&,© PENS AND   P@@KiT QCDTLEGW,
MUSIC   AND   MUSIC   BOOKS,  &c. &c.  Ac.
Corner Yates & Itangley Sts, Victoria, V. X.
Lilt
-AKD-
STOCK   AI'S'D    S1MI    BRQKISEl,
GOVERNMENT STREET, VICTORIA, V. I.
N
WHOLESALE AND KB I AIL DEALER IN
FORT STREET,  VICTORIA. (f
Vj
IXVT
ADVERTISEMENTS.
.&.RW
BOOT  and SHO^STOIME
Government Street,.opposite.the Theatre.
Constantly on hand a Lame Assorfoneut of Boot?
and Shoes.
N. B.—Custom-made Boots in every variety.
;i03
&   BT^WJl^.T{{
111
YATES STREET, VICTORIA,   '
Manufacture and keep on.hand Hydraulic Nozzles
and Branbh Pipes, &c« Importers or and Dealers
in Gas .fittings, Coal Oil and CoaFOil Latfips.
0©SIIi St STOW,
BOILER MAKERS, ETC.,
Stsh?e St:ra£&-u3C>  -  -  - -  "^otqfeia, V. Ij
Iron Doors
and Vaults, for Fire-proof Buildings
manufactured to order.
—-MXXO
tMPORTER and dealer in Foreign and Domestic Groceries and
General Oilman's Stores, Purveyor to His Excellency the Governor and to H. M. Navy, Government street, Victoria. Office of ;
the Victoria and Esquimalt Express Company. Light valuable
Packages and Luggage stored in our Fire-Proof Warehouse at a
moderate annual charge, and insurance effected if required. ADVERTISEMENTS.
IXV'il
Minera and others will study their own Interest by always
asking for
1PJ®  Bl   OQSB
Pure Grouni Cofte a tffc SM^S
To -be had from all respectable dealers, and at the Manufactory,
BROAD STREET, VICTORIA, V. I.
SFORBOIU3-   &   RUEFF,
aohiiirir^tiOjiii rtbi
.IMPORTERS AND "WHOLESALE DEALERS IN
Sri'ocories, Provisions, Boots and Shoes.
WHARF STREET VICTORIA, V.,1. r.
vy.   H>   2f\
**>--*> ?
PHOT
>%> Jq\,
r:*
J, JO
LANGLEY STREET; ONE DOOR FROM MTES, WML T. I.
Likenesses on Patent Leather, Paper or Glass.
(O* Views of Buildings taken.
XZjlOHN WM. VATOHAN.  «£
i'upi: of the celeliratuil Monsieur llrunelller of Paris, who was recommended
to liim by Mr. Mayall, the greatest Photographer in England.)
Operating from 10 tiR 4' at the   victoria Theatre. 5T
IxYlii ADVERTISEMENT*}*
;   KICRJ&AJNr, TYE & CO.,
۩MMISSTON   ME.RCHAMTS*
GOVERNMENT STREET, VICTORIA,
Importers of Bar and Boiler Iron. &c, Steel, <fcc, and
General Hardware." A large Stock always on
hand.
J. .A.. McCREA,
AUCTIONED COMMISSION MERCHANT
WHARF STREET. VICTORIA, V. I.
Cash advances made on  Morr liandisc consigned
for Sale.
iERRIX RA.RNETT,
PORT STREET,  VICTORIA.
mm.m&mM, It H & H. /L IH f
-AM1>-
Xmporter of Bsglisk  Merchandise.
6QVE.R3S.MEN.T STIi^ST,
V K'TQ.m.A, \ . I.
IL ADVERTISEMENTS.
Jxia;
r§-,
JOS. PATTRICK & Co.,
WHOLESALE AND RETAIL DEALERS IX
s, ;|il$8 I Joints,
Corner Government and Johnson Streets, Victoria,.?. I.
ELLIOTT & STUART,
BEEWEES,    MAL8TEES
AND
BQlmUffiRS,
VICTORIA,    V.     I.
A large stock of Ales in fine condition always on hand. Orders
either for export or home consumption fulfilled on the shortest
notice. ^.
lien fon want a fiooa mass oi me
)a*|
»fS
m.
m
N. B.—Orders from  British Columbia, Oregon, Puget Sound and
California promptly executed.	
LAUMBISTER & GOWBN.
K" %l «>
Proprietors.
O* Consumers  can  always  be supplied with Beer, in the best
condition, on draught or in Stone Jugs, on the shortest notice.
Discovery    Street,   Victoria,   V.   I. LVX
ADVERTISEMENTS.
MR. JOHN COPLAND,
—AND-
SOLICITOR,
LANGLEY STREET, fel   ■   -   ViGTOffilA, V. I.
H. O. TIBDEMANN,
CIVIL ENGINEER AND ARCHITECT,
Having left the Land Office, is now prepared'to
make Surveys in Town and Country. Also Plans,
of Buildings, &c, on the shortest notice.
O"0ffice next door to Nagle's Shipping Office, Bastion street.
"JIJOHN S. BISHOP, f
d@mMMi@n & Mialn^ Broker.
LO^JNTS NEGOC f ATED.
VICTORIA, V. I.
^.   3F1.
feamdl Agent and Shay® Brake?,
fiOVEKXMENT STREET, TICTORIA,?. I.
Town Lots and Farming Lands Bought, Sold and Leased. Partio-
ular attention given to the purchase and sale of Mining and all
kinds of Stocks and Shares.
L  

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