BC Historical Books

BC Historical Books

BC Historical Books

A statistical account of British Columbia Harvey, Arthur, 1834-1905 1867

Item Metadata


JSON: bcbooks-1.0222593.json
JSON-LD: bcbooks-1.0222593-ld.json
RDF/XML (Pretty): bcbooks-1.0222593-rdf.xml
RDF/JSON: bcbooks-1.0222593-rdf.json
Turtle: bcbooks-1.0222593-turtle.txt
N-Triples: bcbooks-1.0222593-rdf-ntriples.txt
Original Record: bcbooks-1.0222593-source.json
Full Text

Full Text

The University of British Columbia Library

" "When we know that British Columbia is aV this moment seeking admission
into our Government, we should be wanting in our duty to ourselves, wanting in
our duty as subjects of the British Crown, if/we refused to let that Country in.
* » * The great lines of settlement, the great sources of power,
seem on this continent to stretch from the East towards the West. " From the
Atlantic to the Pacific " must be the cry jn British America as much as it has
ever been in the United States."
Speech of the Hon. A. T. GaU, then Minister of Finance.   May, 1867.
■DiBoovery, Boundaries and Political History.
-Area—Pnysical features, &c.
•Revenue—Expenditure—Public Debt.
Public Works—Roads.
The Routes from British Columbia to Canada.
-Crown Lands Regulations.
-Trade—the Tariff.
XIV.—Eleotrio Telegraphs.
XV.—Militia and Naval Affairs.
XVIII.—Weights and Measures.
XX.—Postal affairs.
XXI.—Patent Laws.
XXII.—Public Officers.
XXIV.—Legal affairs—Registry Offices.
XXV.—The Medical Profession.
APPENDIX:—The mining laws of British Columbia.
1867. TO
Rideau Street, Ottawa, November, 1867.
Entered, according to the Act of the Provincial Parliament, in the year one thousand eight hundred and sixty-
i seven, by Arthur Harvey, in the Office of the Registrar of the Province of Canada. 	
This work is intended as a companion to The Year Booh
j of Canada for 1868, and for the facts it contains the author
is mainly indebted to Dr. J. H. Powell, of Victoria, Van-
I couver's Island, who was at pains to answer at length many
minute enquiries and to collect from His Excellency the I
Governor and many leading public men, numerous valuable |
As The Year Booh for 1867 was the authority referred
to in the debate at New Westminster, which resulted in a
declaration in favor of union with Canada, so may this
work be useful at Ottawa during the debate on a resolution
to carry such a union into effect.
We own the discovery of British Columbia to Sir Francis Drake, who as early as 1579,
in the reign of Queen Elizabeth, took possession of it on behalf of the Crown of England,
under the designation of New Albion.
Little, however, was known of the country until the end of the last century, and it
was not until 1792, that Capt. George Vancouver, of the Royal Navy, who was sent out to
regulate a dispute raised as to its sovereignty by a Spanish navigator, to survey the coast
and prosecute a voyage of general maritime discovery, entered the Straits of Fuca, and
passed into the Ocean by a Northern passage. He having thus proved that what was
formerly thought to be part of the continent was in reality an island, called it
" the Island of Quadra and Vancouver "; the former part of the name in compliment
to Senor Quadra, the Spanish Commandant at Nootka.
All the land between the Russian possessions in the North, the Spanish-Mexican
country to the South, and the Rocky Mountains to the East, was long a disputed territory
between Great Britain and the United States, being open to the subjects of both powers
under the terms of the Convention of 1818. The Hudson's Bay Company which acquired
in 1838 a Royal License of exclusive trade for 21 years with the natives on the North-West
Coast of America, took possession in 1843 of certain lands in Vancouver's Island, and
erected a Fur Trading Post called Foet Victoria. A British Settlement had indeed
been made at Nootka Sound about the year 1778, by some merchants who were
interested in the China trade, but the later settlement and development of the country
may be fairly considered to date from the establishment of this Fort.
The disputes between the subjects of Great Britain and the United States in the
North-West having become so acrimonious as to endanger the relations between the
two countries, the boundary dispute was settled in 1846 by the Treaty of Washington,
which, like most treaties of the kind, was a compromise, neither party obtaining all
it claimed. #
The sovereignty to Vancouver's Island being by this treaty ceded to Great Britain,
Her Majesty in 1849 granted it to the Hudson's Bay Company, but a regular Colonial
Government was set up under the governorship of Mr. Blanchard. f
A few years afterwards it also appeared desirable to provide for the better government of the Mainland, commonly called New Caledonia, which had continued until then
under the management of the Hudson's Bay Company. An Imperial Act for the purpose was accordingly passed in 1858, (21 and 22 Vic. cap. 99,) which gave to the new
* For the text of this and all other boundary treaties affecting British North America, see the Year-Book of
Canada, 1868.
■|* Conditions of the grant:—
I.—To have for ever the Crown Lands and Mines Royal at a rental of seven shillings a year.
II.—To found settlements in the Island for 5 years or forfeit the grant.
III.—To sell the land for colonization, except sueh as might be required for public piirposes.
IV.—To spend the proceeds of such sales (less 10 per cent, for trouble) on the colonization of the Island.
"V.—To allow Reserves to be made for Naval purposes ; the Crown paying for the same.
VI.—To make a biennial return of the number of Colonists and of the lands sold.
"VII.—The Crown to resume on faihu*e to fulfil the said conditions.
VIII.—But without prejudice to the dispositions of the land made by the Company in the meantime for the
actual purposes of colonization and settlement.
IX.—The Crown to have the liberty to repurchase the Island from the Company at the expiration of their
exclusive license to trade with the Indians, i. e. in 1859, on re-paying the Company their expenses and the value
of their establishments. 6
Discovery, Bowndxries and Political History.
Colony the name of British Columbia—the Hudson's Bay Company's License was
revoked—and the government entrusted to Mr., now Sir James Douglas, K. C. B. At
first, the Colony had no form of Representative Government, but laws were made by
the Governor's proclamation. Later, however, a Legislative Council was established,
as in most other Crown Colonies.
So matters continued until 1865, when the Vancouver's Island Assembly passed a.
Resolution asking the Queen to unite that Colony with British Columbia upon such
terms as Her Majesty might deem fit; in 1866 the necessary Act * was framed, and
the Colonies are now united.
The main land of British Columbia is about 500 miles long, anjl from 250 to 400
miles broad, containing about 280,000 square miles. Its physical conformation is
extremely irregular and broken up by high and rugged mountain ranges running
generally from north-west to south-east. The principal of these are :—The Cascade
range, bordering on the sea coast • the Gold Range, to the westward of the Columbia
River; the Selkirk range, on the Great Bend of that stream ■ and the Rocky mountains,
the eastern boundary of the Colony.
The Fraser River, 600 miles in length, is The River of British Columbia. Rising in
the Rocky mountains, it flows for 150 miles north-westwardly, then turns abruptly and
runs due south for nearly 400 miles until near the United States boundary, when it turns
at aright angle and empties itself into the Straits of Georgia. It receives as tributaries
the Bear, the Chilcotin, the Thompson, the Lillooet and many other rivers.
The magnificent Columbia also rises in British Territory. It, too, flows north-westward for 150 miles, then due south for 250 more, when, less loyal than the Fraser, it
crosses the boundary and finishes its course of 1000 miles in the United States.
Besides the valley of the lower Fraser and the fine valley of the Chilcotin, the bulk
of the land available for agricultural or pastural purposes is probably situated on the
high plateau between the Cascades and the foot of the western slopes of the Rocky mountains, but owing to the broken character of its surface and the heavy growth of forest
trees and underbrush the task of exploration is difficult and the Chief Commissioner of
* An Act for the Union of the Colony of Vancouver Island with the Colony of British Columbia.
(29 & 33 Vic. cap. 67.) [6th August, 1866.]
BE it enacted by the Queen's most Excellent Majesty, by and with the Advioe and Consent of the  Lords
Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the
same, as follows:
1. This Act may be cited as The British Columbia Act, 1866.
2. In this Act the Term " Governor " means any Officer for the Time being lawfully administering the
3. From and immediately after the Proclamation of this Act by the Governor of British Columbia, the Colony
of Vancouver Island shall be and the same is hereby united with the Colony of British Columbia, and thenceforth
I those Two Colonies shall form and be One Colony, with^he Name of British Columbia (which Union is in this
j Act referred to as the Union.
4. On the Union taking effect, the Form of Government existing in Vancouver Island as a separate Colony
shall cease, and the Power and Authority of the Executive Government and of the Legislature existing in British
! Columbia shall extend to and over Vancouver Island : but in order that Provision may be made for the Representation of Vancouver Island in the Legislature of British Columbia after the Union, the maximum Number of
Councillors in the Legislative Council of British Columbia after the Union shall, until it is otherwise provided by
I lawful Authority, be Twenty-three instead of Fifteen.
5. After and notwithstanding the Union the Laws in foroe in the separate Colonies of British Columbia and
Vancouver Island respectively at the Time of the Union taking effect shall, until it is otherwise provided by
j lawful Authority, remain in foree as if this Act had not been passed or proclaimed ; save only that the Laws
relative to the Revenue of Customs in foroe in British Columbia at the Time of the Union taking effect shall,
until it is otherwise provided by lawful Authority, extend and apply to Vancouver Island ; and, until it is
otherwise provided by lawful Authority, the Governor of British Columbia shall have, in relation to the Territory
for the Time being under his Government, all the Powers and Authorities for the Time being vested, in relation
to the United Kingdom, in the Commissioners of Her Majesty's Treasury or in the Commissioners of Customs,
with respect to the Appointment of Warehousing Ports, and the Approval and Appointment of Warehouses or
Places of Security in such Ports, and everything consequent thereon or relative thereto.
6. Nothing in this Act shall take away or restrict the Authority of the Governor of British Columbia, with
the advice and Consent of the Legislative Council thereof, to make Laws for the Peace, Order, and good Government of British Columbia either before or after the Union ; nor shall anything in this Act interfere with the'
Exercise of any Power that would have been exerciseable by Her Majesty in Council if this Act had not been
7. Until the Union British Columbia shall comprise all suoh Territories within the Dominions of Her
Majesty as are bounded to the South by the Territories of the United States of _ America, to the West by the
Pacific Ocean and the Frontier of the Russian Territories in North America, to the North by the Sixtieth
Parallel of North Latitude, and to the East from the Boundary of the United States Northwards by the Rocky
Mountains and the One hundred and twentieth Meridian of West Longitude, and shall include Queen Charlotte's
Island and all other Islands adjacent to the said territories, except Vanoouver Island and the Islands adjacent
8. After the Union British Columbia shall comprise all the Territories and Islands aforesaid and Vancouver
Island and the Islands adjacent thereto.
9. The Acts described in the Schedule to this Act are hereby repealed ; but this Repeal shall not invalidate
any Order in Council or other Instruments issued under the Authority of those Acts or either of them, or any
Act done or Right or Title acquired by virtue of those Acts or either of them or of any such Order or Instrument.
BBi Area, Physical Features, <$sc.
There is probably more diversity of climate in British Columbia than in any other
colony in British America.
Vancouver's Island constitutes, as may be expected from its insular position, a
separate climatological province. A series of observations more extended than we yet
possess is necessary before the climate can be accurately defined, especially as severe
and exceptional seasons oceur at irregular intervals, but enough is known to enable its
general character to be thus written :—" A dry warm summer * a bright and beautiful
autumn * an open, wet, winter and spring." The following are the mean temperatures
of the several months at Victoria; also the highest and lowest readings of the thermometer :
Mar. Apl.
Sep. Oct.
Nov. !Dec.
Mean of 1860 &
1861, on land..
Mean on ship-
■ o   I
38.7 j
The highest and lowest temperatures of the months are as follows
50.0(58.0! 60.0   69.0
79.0 .74.0 70.0
53.0 45.0 33.0
21.0 26.0   27.0
There are on the average 200 clear fine days, 96 cloudy ones, 51 on which rain and
17 on which snow falls.
These figures are sufficient to shew that the temperature of the island is not unlike
that of the south-west of England.
On the main land, the meteorological observations vary much in different parts,
partly owing to the different altitudes of different settlements, but principally to the
influence of the mountain ranges.
The following is an abstract of the meteorological observations taken at the Government House, * New Westminster, B. C, during the year 1865 :—
latitude 49° 12' 47" N. longitude 122° 53' 19" W.
Highest reading of the Bar. corrected for Temp'ture... 30.589 on the 3rd February,
The mean height " f.    at 9.30 A. M. 29.975
I " I    at 3.30 P. M. 29.963
The lowest " j was 29.137 on the 19th February.
* The Cistern of the Barometer is about 34 feet above the level of the sea.   All the observations were made at
9.30 A. M. and 3.30 P. M. daily, throughout the year.
Lands and Works reports that " by far the greater part of the Colony is in fact entirely '
Vancouver's Island is 300 miles long and from 25 to 50 miles broad, having an area
of 11,872 square miles. With the exception of a belt of land not exceeding 10 miles in
width and running from Sooke harbor some distance inland, the whole of the island is
lugged and mountainous—small patches in the valleys only being suitable for agriculture. There are no navigable rivers, but inlets and arms of the sea penetrate it in almost
evory direction and to some extent supply their place. The whole of the island is densely
covered with forests, chiefly of pine, and here as on the mainland this has prevented
exploration, so that comparatively few persons have ever penetrated the interior.
The Area of both parts of the Colony together is therefore :—
The Mainland 280,000 square miles, or 179,200,000 acres.
Vancouver's Island... 11,872     " " 7,598,215     " 8
Maximum. Temperature in Sun's Kays (Black Bulb),.. 108.5    on the 4th August.
Mean     "
of Air in shade,
at 9.30 A
at 3.30 P.
at 9.30 A
at 3.39 P.
at 9.30 A
at 3.30 P
" " on the grass,
Greatest amount of Humidity  1.000
Mean ■ " at 9.30 A. M.    .822
" " at 3.30 P. M.    .740
Least " "       270
Table showing the depth of rain, the number of days on which it fell, the mean humidity
(9.30 A. M. and 3.30 P. M.), mean temperature of air in shade, and the lowest
temperature on the grass, in each month.
on the 29th July,
on the 3rd August.
on the 3rd August.
on the 8th February,
on the 18th December,
on the 18th December.
on the 12th December,
Inches.     Days.    Humidity.   9.30 A.M.     3.30 P.M.   Min. on grass
June ,
The following is a comparison of mean results for four years.
Mean height of Bar.
9.30 A.
15.0 below 0
The day on which most rain fell and which measured 1.64, was on the 28th Nor.
The prevailing direction of winds during rain, was E. N. E.
The following notos respecting the weather at various localities are interesting :—
" To the went of the Cascade Ranyc the climate is genial and moderate, though rather
humidj the summer beautiful with some rainy days; the autumn bright and fine \ the
winter frosty and rainy by turns • and the spring very wet.
" The winter of 1859 was vory mild, the frost came November 10th, then went away;
snow in December 1860 • January, February, March, were mild and damp, April and
May fine days, but a good deal of rain fell • June, July, August, and September were
very fine, October rainy, November and December fine winter weather.
"In 1861; January was wet and frosty • February very wet, rain fell on 18 days out
of the 29 • March and April also wet * May fine days, but a good deal of rain; June,
July, August, September, very fine, with a little rain.   October, fine, snow appeared X
upon the mountains in November, and until shortly before Christmas, the weather was
good. A little before Christmas there was hard frost increasing in intensity till January
9th 1862, when the River froze over opposite New Westminster, remaining so till the
early part of March. The minimum temperature was I630 below Zero. Such a winter
has not been known in the country for 13 years.
" At Lillooet, in 1859, winter began on the 7th November, and continued till the
middle of March.
" In 1860 winter commenced on the 7th December, and lasted till the end of February.
There were three or four days of severe cold with wind from the N., and the thermometer fell to Zero. There was a long spell of bright clear frosty weather with an occasional thaw • little snow fell.
" In 1861, the severest winter known for 20 years began on the 27th of November,
and may be said to have lasted till the end of March, although the River did not break
up till April 15th. The thermometer attained a minimum of 25 s below Zero. There
were 10 weeks of continued frost, when the thermometer frequently got below Zero in
the evenings and mornings. But the weather was always clear and sunny. The snow
was at one time 12 inches deep, but at other places in this section of country there were
last winter 2 feet of snow, a depth however very unusual. Notwithstanding this, most
of the stock, left to winter out and find their own food as best they might, survived.
" The winter of 1862-3 was extremely mild, with the exception of two or three days
in November, and ten days of .severe cold in February.
8 January and February are usually cold months, March and April variable—
the plains begin to be clothed with verdure. May to October, and sometimes November,
fine, clear, warm weather j in the last two months the evenings are frosty. December
is cold and wintry. In summer, on the other hand, the mercury sometimes shows 100°
in the shade.
" In this section of country little rain falls. More rain fell in 1862 than in 1861, more
again in 1861 than in 1860.
" In the Okanagan district there is a great supply of rain ; at Williams Lake a sufficient
quantity. At the latter place the winters are more severe than at Lillooet, the thermometer sometimes ranging as low as 40° below Zero ; yet the weather is clear, and without
wind : and in the experience of those accustomed to cold climates, any cold is bearable
and even enjoyable, so long as the sun comes out during the day and the winds are still.
"At Alexandria and Quesnel mouth, snow appears in the end of November, and lies to-
a depth of 18 inches for three or four months ; January is the coldest, August the hottest,
June the rainiest, August, September and October the driest months in the year.
" The climate of Cariboo is severe ; there the winters ate long, lasting from November
till the end of April • yet the weather is usually clear and calm, snow falls principally
in January or February, sometimes to a depth of from 7 to 10 feet, so that snow shoes
are used for winter travelling."
Too much can hardly be said of the salubrity of the climate both on the mainland
and the island. No endemic disease is known in British Columbia, and no imported
epidemics have prevailed to any serious extent.
No census of British Columbia has yet been taken.
The population of Vancouver's island, exclusive of natives, is from 5000 to 7000,
composed of representatives of nearly every nationality, with a considerable and increasing population of the colored races and Chinese.
The native population is estimated at 18,000, generally in a degraded state, valueless in the labor market.
The population of the mainland may number 10,000 whites and Chinese, and
perhaps as many Indians.
Total say 15 to 20,000 whites and Chinese and 30 to 40,000 natives.
This population is very fluctuating, being much larger in summer, when the alluvial
gold can best be obtained, than in winter, when the miners leave the mainland for the
island and the cities of California. The white population engaged in prospecting was
much greater a few years ago than now • settlers are however steadily increasing in
No provision for introducing emigrants has yet been made by the Government
although the select committee of the Legislative Council, in 1865, recommended the
appropriation of $15,000 for the purpose of encouraging emigration—a certain proportion
of the passage money from Europe to be paid, and free grants of lands to be made.
The classes most likely to succeed in the settlement were said to be :—
1. Experienced unmarried Female Domestic Servants, between 18 and 35 years of 10
Populatiofh-^-JSmigra Hon.
< age, of good moral character, selected from agricultural districts, not from manufao*
I turing towns 5
2. Married Agricultural Laborers with their wives and children.
3. Single Agricultural Laborers under 40 years of age.
4. Single females under 35 years of age.
Young countries called upon to provide roads and works for the welfare of a sudden
influx of miners and a rapidly increasing population must of course expend large sums of
money in permanent improvements. This will account for the rapid increase on both
sides of the following statement, and the magnitude of its figures in comparison'with the
population. It shews the Revenue, excluding loans, and Expenditure, excluding redemption of debt, of British Columbia and Vancouver's Island, while separate colonies :
B. Columbia.
V. Island.
859,645  !
B. Columbia.
V. Island.       Total.
279,115     1
The year 1866 was one of transition—the two Colonies being in process of union.
It appears, however, that the expenditure (loss redemption) of the two Colonies
together in that year was $931,996, and the grant for 1867 is as follows for the Contingent Service : Salaries and Allowances.
The Governor  $2,535
"    Legislative Council  1,200
"    Colonial Secretary  9,860
"    Treasurer  4,820
"    Assay and Refining Office  3,950
"    Auditor General  5,250
"    Chief Commissioner of Lands and Works  6,310
"    Customs  11,222
"    Registrar General  2,290
Habour Master  1,809
Post Office  3,420
Judicial Establishment..,  11,695
Police and Gaols  19,211
Gold Commissioners and Stipendiary Magistrates  43,549
For Services exclusive of Establishments,     127,112
Pensions  $3,395
Revenue Service  600
Administration of Justice  7,800
Charitable Allowances  9,500
Education  10,000
Police and Gaols  14,900
Rent  800
Transport  7,260
Conveyance of Mails  52,820
Works and Buildings  11,400
Roads, Streets and Bridges  45,000
Miscellaneous Services...  5,612
Interest *  31,240
Drawback and refund of Duties  600
Redemption of Bonds  42,125
Sinking Fund  5,820
Temporary Loans  170,000
Government Vessels •  10,674
Light Houses  10,000
Total $566,658
The whole interest on the Public Debt must be nearly three times this amount.—En. Revenue—Expenditure—Public Debt.
The following is the estimated revenue for 1866, and the actual revenue for 1864 j
the latest figures that can be given :
for 1866.
Revenue of
Port and Harbour Dues	
Roads' Tolls	
Excise Duties	
Land Sales	
Land Revenue	
Rents, exclusive of Land	
Free Miners' Certificates	
Mining Receipts, General	
Fines, Forfeitures, and Fees of Court	
Fees of Office	
Sale of Government Property	
Reimbursement in aid of Expenses incurred by Government..
Miscellaneous Receipts	
Total Revenue.
$320,650 00
.$   598,840 00
508,596 24
The Public Debt of the two Colonies was as under in the several years mentioned :—
British Columbia...
Vancouver's Island
We have no statement of the increase of Debt since the Union,
about $1,500,000.
It is now probably
The Government of British Columbia owns all the public buildings on the mainland
and the island, the dredges for the river channel ($100,000), the light-ship off the
Fjraser, the light-houses, and the public roads, which are in length—
Waggon roads     560^ miles,
Pac^-horse  trails     375      "
Under the energetic government of Sir James Douglas, who perceived the necessity
of making the gold regions of the interior accessible from the coast, a fine system of
waggon roads was devised and carried out by the aid of British capital. In view of
the probable union of British Columbia with Canada, when an intercolonial line must
be at once built, a description of the main line of road will not be out of place :—
The Trunk Waggon road from Yale, at the head of the navigation on the lower
Fraser, to the heart of the Cariboo mining district, is 378 miles long, not including a
branch of 107 miles from Clinton by way of Lillooet to Douglas. Thit road was opened
throughout for waggon traffic in 1864. Some idea of the value of this work may be
found from the fact that while in 1863 the freight from Yale to Cameron-town cost 60
cents, and in 1864 30 cents per pound, it fell in 1865 to 15 cents, so that the building of
the road immediately reduced the cost of living at Cariboo one half. This line pierces
the Cascade mountains, which are the great barrier between the sea and the interior,
and as might be expected, great engineering difficulties had to be overcome in its construction. In the entire line, there are, in length varying from 200 yards to a mile,
some 25 miles of incline of 1 in 12 • of which 8 miles are of 1 in 10, and 2 miles of 1 in
8. These gradients are heavy, but rendered easier by the character of the road, which
is well ditched and is covered throughout with broken stone or gravel. The bridges
and culverts are substantially built of timber. The average loads hauled on this
road are from 1,200 to 1,300 lbs. each animal, which shews how well it must be built. 12
Public Works-—Roads.
From Yale to Boston Bar, 25 miles, the road follows through a canon of surpassing grandeur the course of the Fraser river, which it crosses by an iron wire suspension bridge of 260 feet span. Most of this section of the road has either been blasted
out of the granite cliffs which rise almost perpendicularly many hundreds of feet above
the river, or is carried along the face of those bluffs upon wooden galleries, or is
built up on the masses of rock which form a rough slope near the water's edge.
Above Boston Bar the road continues to Lytton, 32 miles, along steep slopes on the
bank of the Fraser, or across the level benches which form their summits ; thence, 23
miles up the Thompson river, over heavy rolling country to the Thompson bridge, 600
feet long. The next thirteen miles are on the right bank of the Thompson, where there
are three difficult bluffs requiring blasting, and after a gentle ascent of 2 miles more,
the high plateau of the interior is gained. The Cascades thus fairly passed, the rest
of the way to Cariboo was comparatively easy of construction.
In 1864, the mining district of Kootenay and the diggings on French creek and
other tributaries to thG Columbia—all near the western base of the Rocky Mountains
and not far from the United States boundary—became so far developed as to require
that communication with them should be opened through British territory. Surveys
were accordingly made and a pass was discovered by Mr. Moberly, the Assistant Surveyor General, from Great Shuswap Lake, at its south-eastern extremity, to the Columbia
River, at a point two miles below the Little Dalles rapids. This pass.now known as
Eagle pass is.only 407 feet above the level of Shuswap lake, which is 127 feet below the
level of the Columbia at the mouth of the pass—the distance through being 32 miles.
•" For some distance near its summit "—the Surveyor General reports—" this pass is
walled in on each side by abrupt cliffs and is not therefore available for the construction of a cheap trail, but for a waggon road or railroad it is most applicable, and its
discovery may be regarded as of great value, for by the pass it may be confidently
hoped will one day be brought a line of communication, by waggon road first and
afterwards by railroad from the British possessions on the Saskatchewan, across the
Rocky mountains into the central portions of British Columbia and down the valley of
the Fraser River to the sea.
" It has long been known that the Rocky Mountains can be crossed without great
difficulty by waggon or railroad, as was confirmed by the reports of the explorations
of Capt. Palliser and his assistants in 1860 ; but the Great Range west of the Columbia
river was supposed, previous to Mr. Moberly's discovery, to be an unbroken and impassable wall of mountains."
It is proper to state here that a more northern route for the Grand Intercolonial
road has its warm advocates, and the following memorandum, has been prepared by one
of them :—
" The urgency of a direct communication between Canada and the Pacific, through
British Territory, is becoming every day more and more evident. In a political point of
view, and as a natural consequence of the Union, it would contribute essentially to its
prosperity. For so long as there is no Overland route, the connexion of Canada with
British Columbia must remain a myth, and the Red River Settlement continue isolated,
instead of becoming a valuable annex to the Union. At present England has no
postal communication with the Pacific but by New York and San Francisco ; and in
case of war with the United States, the only possible postal line would be through her
own territory across the Rocky Mountains ; whereas by opening an Overland communication immediately, a mail service would be established forthwith, not only to British
Columbia and Vancouver Island, but before long to Australia and Asia. In the United
States the Central Pacific Railroad passes over a vast tract of country destitute of wood
and water, yet in spite of this drawback, it is progressing rapidly, and the time is not
far distant when it will be opened. Passengers, mails, and the lighter, costlier kinds
of goods will pass over it j it is calculated to divert a great part of the trade of China
and Japan from the old to the new world, and if we do not wake up, we shall lose an
important traffic, which might easily pass over our own territory, and which from
our position ought naturally to belong to us.
" The cost of an Overland Railroad, with a single line of rails, from Ottawa to the
Pacific, may be somewhat roughly calculated as follows :
Distance from Ottawa to Fort Garry     1,150 miles.
From Fort Garry to Jasper's House, (foot of Rocky Mountains)
level plain     1,050    "
From Jasper's House to the hoad of Bute Inlet        430    "
2,630 miles.
2,630 miles at $30,000 per mile = $78,900,000. The Routes from British Columbia to Canada.
Th s s T>i. if correct, would perhaps be too great for present possibilities or contemplation. But if such a magnificent project as that of an Inter-oceanic Railroad cannot be
entortamuu tor the present, nature has gifted us with water communications of the
very first order, which only require a few connecting links to make them available, and
which offer a quick and easy mode of conveyance for mails and passengers during 7 or
8 months in the year, and for goods at one third of the price by railroad carriage.
" The Eastern portion of the country to be opened, was thoroughly explored for this
purpose, as far as tho Red River Settlement, and the lower end of the Great Saskatchewan in 1857-8, at the expenso and by order of the Canadian Government; and we are
indebted for the details concerning the remainder, or more westerly portion, to a
resident of Victoria, V. I., Mr. Alfred Waddington, who has spent several years in
studying the question, and has laid out considerable sums in connexion with it, towards
opening the first link from the coast to the Cariboo mines. This gentleman, who was
at perfect liberty to choose the road best suited for tho purpose, made up his mind
entirely to avoid New Westminster, not only on account of tho matiy objections it
offers as a seaport, but because he had acquired the conviction, that the Passes through
the Rocky Mountains between Mount Hooker in Lat. 52° 17, and the Boundary line,
which would connect that port with the South Saskatchewan, are inferior in every
respect to the line by the North Branch and the Yellow Head or T6te Jaune Pass.
His reasons are the following :
1.—The arid nature of the country traversed by the South Saskatchewan, the greater
part of which is unfit for settlement; its proximity to the Boundary line, and the
probable molestations of the Indians.
2.—The much greater altitude of the passes, the sharpness of the grades and
curves, and the great amount of snow.
3.—Tho circuitous course tho route would bo obliged to follow through the Rocky
Mountains, after having crossed the main crest or watershed, amounting to nearly 250
miles of most expensive, if not impossible railroad.
4.—The enormous expense, if not impossibility, of continuing the railroad in this
latitude through the Cascade range, and down the Fraser to New Westminster j besides
the utter worthlessness of the greater part of the country it would traverse.
5.—The well known difficulties of access to the Port of New Westminster, which
render it totally unfit for the terminus of an Overland railroad.
" On the other hand he brings forward in favor of the Northern route :—
1.—The well known fertility of the whole country traversed by the North Saskatchewan, one of the richest and most productive in the world.
2. The greater navigability of the North Branch, and the presence of large seams
of coal.
3.—The facility of the road by Jasper's House and the Yellow Head, or TSte
Jaune Pass, the only practicable one for a railroad through the Rocky Mountains on
British Territory. This Pass, or rather valley, presents a natural roadway through the
mountains, its greatest altitude is only 3,760 feet above the sea j the Indians cross over
it in winter, nor does the snow render it impassable at any time.
4.—The ready and easy communication offered for 280 miles by the Upper Fraser*
through a comparatively open and fertile tract of country.
5.—The facility for getting to the gold mines in and around Cariboo, which at
present can only be reached by 360 miles of wearisome, mountainous waggon road, so
that only the very richest claims have been hitherto worked.
6.—The opening up of the Chilcoaten plain, the only one of any extent in British
Columbia, and which offers every temptation to settlers as soon as opened.
7.—The facilities offered by the Bute Inlet Valley, presenting a level break 84
miles long through the Cascade range, and the only one for constructing a railroad to
the salt-water.
8.—The superiority of the harbour at the head of the inlet, and its easy and safe
connexion with Victoria, Vancouver Island.
— 14
The Routes from British Columbia to Canadx.
} " The following is a Table of Distances between Halifax, Nova Scotia, and Bute
i Inlet, British Columbia :
From Halifax to Collingwood, by railroad	
From Collingwood  to Current River, 6 miles North-East of Fort
William, Lake Superior	
j From Lake Superior to Dog Lake	
j Up Dog Lake and River	
j Portage to Savanne River, easy ground	
I Down the Savanne River, the Lac des Mille' Lacs, and the River
Seine Ux the Little Falls	
I Thence along the Seine to Rainy Lake	
Through the Lake, down Rainy River, and across tho Lake of
the Woods to the North-west end of Lac Plat or Shoal
Thence over the Plain to Fort Garry, Red River Settlement,
(with 12,000 inhabitants)      91£
Down Red River, to tho North-west end of Winipeg Lake,  and
tho Grand Rapid, 2 m. beyond on tho Great Saskatchewan	
Stage.   Steam     Rail-
Navig'n. road,
Portage aloug the North bank
Thence up the Great Saskatchewan and its North Branch to
below the junction of Brazcau River, 80 miles above Fort
Edmonton and tho settlements of St. Albert and St. Ann...
Thence to Jasper's House, Lat. 53° 12, at tho foot of tho Rocky
Thence up the Athabasca to the foot of the Yellow Head Pass....
Through the Pass to the Upper Fraser.	
Down tho Fraser to Quesnelmouth (road to Cariboo),  at the
junction of Quesnelle River  ......
Across tho Chilcoaten Plain, 137-j m., and through tho Cascade
Range, 84-} m., by a level valley to Waddington Harbour,
Head of Bute Inlet    222
Total, 4,236 miles, requiring from 20 to 23 days' travel.
" Tho expense of opening tho portion between Lake Superior and Fort Garry, com
prising roads, bridges, drainage, clearing of driftwood, and several small dams, ba
been estimated at about $320,000, towards which the Red River Settlement woul "
probably contribute the 91-J m. of surveyed road to the Lake of tho Woods, estimate "
at $90,000. Governor Douglas proposed to the Homo Government in 1862 to build th->
waggon road between Fort Edmonton and the Fraser, for $250,000 ; and Mr. Waddington
has undertaken the portion between the Fraser and Bute Inlet, which he is about to
make over to an influential Company in England. The Hudson's Bay Company were
already on the point some years ago, of putting on steamers between tho Red Rivet
Settlement and Edmonton ; this they would now probably do, as well as on the Upper
Fraser • and private parties would be glad to do as much on the three other portions
of lake and river between Fort Garry and Lake Suporior.
" Thus, the whole line could bo opened in less than two years, and England, instead
of running the risk, as at present, of losing the trade of the East, would for a sum less
than $600,000 (and pending the construction of the railroad which must sooa follow),
have an immediate high road of its own, which, when completed, will be tho shortest
and most direct possible to China, Japan, and perhaps oven to India.
"It would be easy to multiply pages in desoanting on the desirability of having a
travelled connection between Canada and British Columbia, but three extracts, from
well known authorities, Canadian, British Columbian and English, must suffice here.
The Hon. Mr. Gait, Finance Minister of Canada, used the following expression in a
speech at Lennoxville in May, 1867, when he was freshly returned from tho work of
uniting the Eastern Colonies of British America into one Dominion.
" When we know that British Columbia is at this moment seeking admission into
our Government, we should be wanting in our duty to ourselves, wanting in our duty as
subjects of the British Crown, if we refused to let that country in.   There is only one
648       2,400       1,188
i i The Routes from British Columbia to Canada.
way in which a policy of agression can be met. If the United States desire to out flank
us in the West, we must accept the situation, and lay our hand upon British Columbia
and the Pacific Ocean. This country cannot be surrounded by the United States; we
should be gone if we allowed it, we should be in their hand when they chose to shut it.
We must have our back against the North. The great lines of settlement, the great sources
of power, seem on this continent to stretch from the East towards the West. " From the
Atlantic to the Pacific " must be the cry in British America as much as it has ever been
in the United States. That nation has been willing to spend hundreds of millions of
treasure and hundreds of thousands of lives to keep their country together, and should
not we too be ready to make some sacrifices to obtain half a continent which is offered
us to day."
The writer of the Prize Essay on British Columbia, published in 1863, wrote thus :
" In an attempt to view the future of British Columbia, the eye is forced to range
beyond her limits, and see her linked with her sister colonies. Connection with Canada
is essential to her full development. In a political point of view, it is of the utmost
importance that Her Majesty's dominions in North America should be united by road,
telegraph, and railway. Commercially, this is important, for it is now understood that i
the connection of the two shores of the North American continent would open a new
highway for the commerce of England with Asia and Australia : even now the want is
felt. Free and regular postal communication is essential to the existence of commerce
and the advance of civilization. At present British Columbia is denied this boon.
English mails reach the colony, via New York and Panama, in American ships, or overland from New York to San Francisco. Not to speak of the delays and risks to which
the mails are subjocted on these lines, it is unseemly that a great naval Power should
be indebted to foreigners for the transmission of its mails to its own Colonies. Were
communication opened" between Canada and British Columbia, the mail service to the
latter Colony and Vancouver Island would be regular, expeditious, and safe.' Nor
would these Colonies alone be benefitted : such aline once established, the postal service
of England with Australia and Asia could not fail to be carried through British
And lastly, Her Most Gracious Majesty, in her well remembered speech from the
throne, in 1858, when British Columbia was made a British Colony—expressed the following truly sublime hope, the realization of which should be the great aim of all Her
subjects in America.
The management of the Crown Lands of British Columbia is governed by the
ordinance of 1865 of which the following is a synopsis :—
All the lands, mines and minerals in British Columbia not otherwise lawfully
appropriated belong to the Crown in fee.
The upset price of survey lands—not reserved for town sites and not reputed to be
mineral lands to be four shillings and two pence ($1) per acre. And all the land is to
be exposed for sale by public competition after due notive given.
The conveyance is to include all trees, mines and minerals except mines of gold and
British subjects may pre-empt 160 acres of land on paying $2 for a Record Certificate, which carries leave of absence from the claim for six months. A fusther quantity
not exceeding 480 acres may be pre-empted by the same parties on paying $0.50 per
acre as an instalment of purchase money. When the government surveys the land the
elaimant or his assigns may purchase at the government price (not to exceed $1 per
acre), provided he or they have been in continuous occupation.
Aliens may buy but cannot pre-empt.
The Governor or his duly authorized officers may grant leases of any extent of
unoccupied and unsurveyed land for pastoral purposes—but such lands shall be liable
to pre-emption, reserve and purchase, without compensation save a proportionate
deduction of rent and the lessee must covenant to stock the property with so many
animals to the 100 acres as the stipendiary magistrate may specify.
Owing to the general character of its surface it is not to be expected that British
Columbia will ever become great as an agricultural country alone, but it has arable and
pasture lands sufficient to maintain a very large mining and commercial population. 16
Agriculture— Timber.
The interior of British Columbia is admirably adapted to the growth of cereals, 80
bushels to the acre having been obtained in favored spots.
In 1866, enough wheat was produced near the mines to meet the entire consumption
of flour there for the present season - the grain was ground on the spot and the flour is
equal to the finest California brands.
Barley, well suited to malting purposes, grows well. Oats are luxuriant. Vegetables, often of enormous size, grow abundantly and all kinds of fruits flourish luxuriantly.
Vancouver's Island possesses but little rich land in proportion to its area, but this
is highly productive and only needs cultivation to yield the heaviest possible crops of
wheat and other farm and garden crops.
The timber of British Columbia and Vancouver's Island is unsurpassed in any othe
part of the world and is one of the most important resources of the colony.
Chief among the trees is the majestic Douglas Pine (Abies Douglasix) which often
attains enormous growth, and is one of the best woods for large spars known. It grows
to the height of from 150 to 300 feet with a diameter at the base ranging from 5 to 10
feet—straight, uniform, free from knots and sapwood, and extraordinary for strength,
flexibility and durability. Spars from this wood have been extensively used and
highly appreciated in the English merchant service, and large quantities have been
supplied to the French, Spanish, Sardinian and Dutch governments. An official report
made upon the qualities of these spars, in the French dockyard at Toulon, shews their
comparative value.*
The White Pine {Pinus Strobus) grows in almost inexhaustible quantities, makes
good clear lumber and easily worked.
Among the other woods of value are the Spruce Fir, Balsam Fir, Hemlock. The Cedar
{Thuya Qigantea) is most prolific in its growth and often measures from 25 to 35 feet in
circumference at the base. Yellow Pine {Pinus Ponderosd), Oak {Quercus Garyand),
Maple, Alder, Dogwood, Arbutus, Cotton wood, &c.,are plentiful and attain groat size.
Sawn lumber is shipped to Australia, the Sandwich Islands, China and S. America.
Table of Saw Mills,—Br. Col., with the location, name of mill, owner's name, ccst, &c.
Name of Mill.
[No. of
Vancouver's Island.
Barclay Sound Alberni
Chemainus Kennear ........
Do         Shepherd	
Mill Stone Creek .-Vancouver Coal Co. .
Shawnigan Sayward's	
Sooke Harbour Muir & Cos	
-Spring Vale Cameron's	
Burrard's Inlet     British Columbia Cos.
Do  Moody & Cos	
Hodge's Flat Hodge's -*•*.	
New Westminster Moody & Cos	
Wild Horse Creek Wood & Angell's  . . .
William Creek	
Capacity "ft.
~^> 24 hours.
7,000 j
120,000 1
2,500 1
36,000 f
Owner'-s Name.
Sproat & Co.
Geo. Asken.
Vancouver Coal Co.
W. T. Sayward.
Muir & Co.
Hon. D. Cameron.
{British Columbia Co.
Moody & Co.
— Hodges.
Moody & Co.
Wood & Angoll.
The principal quality of these woods is a flexibility and a tenacity of fibre raafely met with in trees so aged •
they may be bent and twisted several times in contrary directions without breaking.
Several poles of the greatest length having the end at the foot, and the top of the tree -exit off, were tried comparatively with poles of the same dimensions eut from a Riga spar of first class, and the following results were
Vancouver Pine.      Riga Pine.
Maximum degree of bending before rupture at the foot..«»».^~ 0m 025~-»~~»~*~*. Om 028
At the head~~~~v~~v~*«v~v~~~w.—~~~~~~~~>~ ~—0     019-...»»»"~ 0     016
Charge of rupture (per centimeters) squared at the foot-
At the head.
Density of the wood at the foot of the tree-»~
Density at the head*
.~~ 0    022
- 23k 75
~ 16     11
~ 1     02Z
-v. 21k 00
19     68
19    91
0   636-
0   478-
0   657 0   629
These experiments give a mean almost identical, for the bending and breaking of the two kinds of wood, 'while
the density differs notably to the advantage of the "Vancouver wood.
The only question still undecided is that of durability.   The masts and spars of Vancouver are woods rare
and exceptional for dimensions and superior qualities, strength, lightness, absence of knots and other grave vices.
" Toulon," September 21, 1860.      (Signed)   L. A. Silvester, Du Perron; Chief Engineer of 3d Section. Timber.
a duty of 25 per cent effectually closing to the lumber the nearest market San Francisco,
and rendering competition with Washington Territory and Oregon almost an impossibility.
Large quantities of shingles superior in quality are manufactured in the colony for
home use and export.
The following is from an English newspaper :—
| The remarks lately made in our columns on the very great value of the doixglas
fie, have led one of the most skilful of our judges of timber to favour us with the following highly important information. This fir wood, Mr. Wm. Wilson Saunders, F. R.
S., of Lloyd's, has had many opportunities of examining carefullyj and, in order to
satisfy one of our largest importers, he has made some careful experiments on its strength
and flexibility in comparison with other similar woods. The following table, with which
he has favoured us, gives the result, which is in the highest degree satisfactory. Mr.
Wilson Saunders has a regular machine for these experiments, and the results can be
implicitly relied on.
1 Lengths of the woods enumerated in the following table, carefully squared to 1\
inch, were submitted to the pressure of weights pendant from the centre, the lengths being
supported between standards exactly 6 feet apart. The weight at which each broke and
the amount of deflection from the horizontal line at the time of breaking, are given in
the following table :
Douglas Fir  280 lbs.        4 inches.        Fracture,   rough and long.
Pitch Pine  280 4 "        short and even.
Canada Spruce  196 4.7 "        short and rough.
Eed Pine   168 6 "        rough.
Larch—British  168 5.2 "        short and even.
Deodar from the Himalayas... 154 3.8 "        short.
" The specimens experimented upon were carefully selected from the best description
of wood, and free from all defects. The deflection is given in inches and tenths of an
inch.    Each wood had two trials, and the figures give a mean result."
a Dr. Lindley commenting on these tables goes on to say :
" It will be thus seen that none of the Firs approached in strength the Douglas or
the Pitch Pine * it having required the weight of 280 lbs. to break a small bar of their wood,
no more than an inch and a quarter square. A hundred and sixty-eight pounds broke a
piece of British Larch of the same scantling. Moreover between the Douglas. Fir and
Pitch Pine, whose strength was equal, there is this great difference, that while the latter
snapped short under a pressure of 280 lbs., the Douglas yielded unwillingly with a rough
and long rend."
| Since our last a further example of this tree has arrived at the International Exhibition, from British Columbia. It consists of 10 horizontal sections of that tree, 309 feet
high, to which we formerly alluded, and of which a drawing has been suspended in the
building. They are about to be displayed in the Court of British Columbia, and serve
to show unmistakeably what a noble tree this is, and how superb an ornament as well as
inexhaustible source of wealth to the two Colonies."
British Columbia is surrounded by ranges of auriferous mountains, and the specks
of that precious metal called 1 color" may be found in almost any section of the country.
In 1858 some gold was found on the bars and banks of the Fraser river, very fine
and " flaky " in character, but as it became coarser the higher the pioneers ascended the
stream, exploration was encouraged and in 1859 coarse gold was discovered on the Quesnelle, a tributary of the Fraser, some 300 miles inland. In 1860 and 1861 further rich
deposits of coarse gold were found in Cariboo. *
* The main feature of the Cariboo country is the great range of mountains from 5,000 to 10,000 feet
above the sea-level, whence numerous " creeks " descend into the Fraser. The gold is found both in the creeks
and in the banks. The bed-rock is most irregular, sometimes appearing near the surface, often from 20 to 80 feet
below it. It is usually a bluish slate, covered by a deposit of blue clay. Streaks of yellow clay are also found
which are sometimes very rich.   Cariboo gold is generally mixed with quartz.
The following statements respecting the Cariboo diggings are condensed from a pamphlet published with the
sanction of the Government in 1864 :—
In the early part of the season of 1861, the most important creek in Cariboo was Antler, which yielded at one
time at the lowest $10,000 a day. On one claim $1000 were taken out of the sluice-boxes, as the result of a day's
work. Later in the season Williams Creek wholly eclipsed even Antler. One claim, Steele's, gave on one day
409 oz.: the total obtained on its area of 80 feet by 25, being $105,000. In 1861 gold Vas found on Williams creek
only in 6 claims, but now the valley is taken up for 6 miles, both in the creek and in the hill side. In 1861 the
only mining was in surface diggings. The mining of 1862 assumed a new character, and shaft sinking, drifting,
and tunnelling are now vigorously prosecuted; a system of mining which unlike the former can be carried on
throughout the entire year. In the summer of 1862, the highest amount taken out by any Company in 24 hours
was $9,050: this was in Cunningham's claim, which averaged nearly $2,000 a day during the whole season. On
several days 52 lbs. were taken out. The Bishop of Columbia witnessed 600 oz. taken out on a claim in one day.
j Adam's claim yielded to each of its 3 partners $40,000 clear of expenses. In Barker's claim 8 partners realized
j $7000 each. It is believed that on this creek last year 155 claims paid expenses, which would average $2000 each,
making a total of $310,000, and about an equal amount was cleared.   The entire yield of the creek for the season
I 18
In 1862 there was a great influx of emigrants—-a so called "rush"—and gold seeking assumed a new character. Instead of surface digging, shaft sinking, tunnelling and
drifting were vigorously prosecuted, resulting in an immense yield of gold.
Coarse gold is also found in Kootenay and Big Bend districts, and when they have
been more thoroughly "prospected," highly successful results are expected. Rich specimens of gold quartz have been discovered, but as yet no ledges have been worked.
Gold was discovered in Vancouver's Island in 1864, by the Government explorers at
Leech river, 20 miles from Victoria, and considerable quantities of coarse gold of a very
fine quality have been taken from the mines there. Government has just completed a
ditch which will encourage their development.
There are, unfortunately, no statistics which give the amount of gold taken out
yearly, # but it is roughly computed at from $3,500,000 to $5,000,000.
* Ths principal export trade in gold from British Columbia is in the hands of Wells, Fargo & Co., Express
ajents.   The following are the exports by this firm in 1866 and 1867:—
192,651 .
Total—% year.   .
The maximum fineness of British Columbia Gold is about 940 = $19*43 per oz.; the
minimum is $17-16, though at the mines it is often bought for $16 a $16.50.
Nuggets of pure gold have often been found on the mainland, weighing 5 oz., and
with an admixture of quartz, 16 oz. At Leech river V. I., beautiful nuggets of from 3 to
5 oz. not unfrequently occur.
The laws respecting gold mining have all been consolidated in the 34th Ordinance,
Session of 1867, hereinater published as an appendix.
Coal is found cropping out along the whole northern coast of Vancouver's Island,
and although little has been done to develop the richness of the mines, their great value
has been proved. Vancouver Island coal is bituminous, but on Queen Charlotte's
Island a mine of anthracite has been discovered, thoroughly "prospected" at a cost of
$50,000, and will probably prove exceedingly valuable.
The only mines actually worked are those at Nanaimo, formerly the property of the
Hudson's Bay Co., but now owned by English capitalists composing the Vancouver Coal
Company. One of these fields, on Newcastle Island, is estimated to contain 3,000,000
tons. How much there may be on Vancouver's Island itself, cannot be even estimated.
The   seam now worked has from 3 to 5 feet in thickness of clear coal.
The mines were opened in 1852, and the first schooner load sold in 1853. Of late
the following have been the quantities raised, (called the " out put,) and shipped:
1862. 1863. 1864. 1865. 1866.
Output 4,860 19,346 27,255 32,499 29,543
Shipments  — 21,550 29,069 32,818 25,212
The price at the mine is, for Coal $6.50, for Dross or Slack $2.50, per ton of 2240
lbs. Miners' wages are $3 per diem, artizans' $2 to $2.50, laborers' $1.50 to $1.75. The
whole receive in addition medical attendance, house and fuel gratis.
Specimens of Copper, Tin, Platinum, Plumbago, Galena, Iron, &c, have been discovered in many parts of the country, which is also believed to be rich in silver leads.
The Fisheries of British Columbia promise to become of great importance.
Cod—the true gadus—is found on the west side of Vancouver's, and it is believed
that banks which will rival those of Newfoundland exist in the Gulf of Georgia. The
fish averages 1\ feet in length, with a girth of 18 inches round the shoulder.
Herrings frequent the shores in countless thousands—less suited for salting than the
Atlantic fish, but yet of great value for smoking.
may accordingly be estimated at $620,000. A new part of the creek ' below the canon,' hitherto unprospected, was
found to pay as richly, as the famous claims above the canon, and $300,000 were taken out of three claims, between
October and January 1863: in attestation of which 150 lbs. of gold were brought to Lilloet on the 21st of February.
Later in the spring of 1863, Dillon's claim gave the extraordinary yield of 102 lbs. in one day, or about $20,000." Fish
Haddock, Whiting, Halibut, Sturgeon, arc extremely plentiful, and isinglass made
from the latter is an article of export.
The Pilchard is believed to frequent tho Gulf of Georgia; the Smelt is captured by
In the northern seas, Whales and Seals abound.
Salmon exist in fabulous quantities and are caught by the Indians in incredible
The Eulachon, a small fish of the salmon family, visits the north coast of Vancouver's
in shoals and ascends the rivers of the mainland, as far south as the Columbia, to spawn.
Immense quantities are taken by the Indians, who obtain from it, by simple processes, a
valuable oil. A quantity of oil is also produced from the Dog fish, which is taken in
incredible quantities ; it has long formed an article of export.
Oysters are found in the inlets, good but small.
The imports and exports of British Columbia (mainland)  and Vancouvers Island
were as follows from the date of the first returns :
Vancouver's Island
British Columbia...   1,286,945
Vancouver's Island
Add gold estimated
British Columbia...
Add gold estimated
6,099,865     3,061,330
* No estimate for these years.   The estimates are from the British Board of Trade returns.
(It stands to reason that the figures respecting these colonies should not be added
together, the exports from one being again included in the exports from the other.)
The detailed figures for Vancouver's Island, obtained from local sources, differ, but
not materially. They shew the direction of trade, which it will be seen is chiefly with
the United States, next with England,
Imports into Vic-|
toria, Vancouver's Year 1861.
Island :
San Francisco	
Puget Sound	
Sandwich Islands..
JBritish Columbia-
Society Islands	
San Juan	
Year 1862.
Year 1863.
Year 1864. Year 1865.
1st Half
Year 1866.
3,866,887    3,602,786    2,883,021    1,076,577 —
Trade—the Tariff..
Exports from Victoria to Foreign
Ports,   exclusive   of British   Columbia :
Last Half
Year 1863.
Year 1864.
Year 1865.
First Half
Year 1866.
San Francisco	
no record.
Puget Sound	
New York	
876 •
no record.
Russian Territory	
North West Coast of N. America-
Society Islands	
The above figures are from the Victoria Board of Trade returns.
In 1866 the figures for the two colonies were :
Imports (11 months) $2,039,106
-o        ,     f General merchandize, do
iixports.. \ r, ., ' ,
r { Gold, ■!'!
do. recorded...  1,589,569
The following is the Tariff of British Columbia on imported goods.   There is now no
duty on exports : that on gold having been repealed in 1865.
{Assented to, in Her Majesty's name, the 25th day of March, 1867.)
Ale & Porter, in wood 15 cts. per gall.
Do. in hot., 30 cts.perdoz., qts.
Bacon and Hams    4 cts. per lb.
Barley, Oats, Malt &
Field Peas  30 cts per 100 lbs.
Beans and Split Peas.   1 ct. per lb.
Bitters  $1.50 per gal.
Butter  10 Gts. per lb.
Candles     5 cts. per lb.
Cheese     5 cts. per lb.
Cider  15 cts. per gal.
Cigars  $2 per 100, 2 cts. ea.
Coal   $1.25 per ton.
Coffee, raw     3 cts. per lb.
Do., manufactured.   6 cts. per lb.
Eggs  12-f cts. per doz.
Flour  $1.50 per bbl.
Fresh Fruits, viz : Apples, Pears, Plums,
Cherries, Currants,
Raspberries, Strawberries, and Gooseberries    1 ct. per lb.
Gunpowder, sporting.   6 cts. per lb.
Do. blasting.   3 cts. per lb.
Hay  $4 per ton.
Lard     5 cts. per lb.
Lime  50 cts. per bbl.
Rough fir & cedar... $3 per 1000 feet.
Dressed,   do.       ... $5 per 1000 feet.
Shingles  $1 per 1000 feet.
Fence Pickets $2 per 1000 feet.
Laths  $1 per 1000 feet.
Live Stock:—
Horses and Mules. $2 per head.
Live Stock:—
Beef Cattle	
Milch Cows	
Sheep and Goats..
Sugar, raw v
Do.    refined	
Spirits :—
Gin, Whisky, Rum.
All other kinds....
Vegetables, viz:—
Other kinds, fresh.
Wines, viz:—
Champagne & Moselle	
China medicated...
California red and
Port, Sherry and
all other descriptions	
Bran and Shorts	
$3 per head.
$2 per head.
75 cts. per head.
$2 per head.
5 ct. per lb.
If cts. per lb.
2 cts. per lb.
2j cts. per lb.
[to proof.
$2 per gal., according
$2      "
12i cts. per lb.
25 cts. per lb.
2 cts. per lb.
1 ct. per lb.
35 cts. per 100 lbs.
$3 per doz (quarts.)
$1.50 per gal.
25 cts. per gal.
20 cts. per gal.
75 cts. per gal.
25 cts. per 100 lbs.
1 ct. per lb.
1 ct. per lb.
5 ct. per lb.
10 cts. per lb.
2 cts. per lbs.
«i Trade—the Tariff.
Per cent.
Axes  15
Beef, salt  10
Billiard and Bagatelle Tables  12±
Blankets  20
Boots and Shoes  20
Bread  20
•Cards, playing  50
Chocolate  20
Clothing, ready made  15
Confectionery  30
Drugs, medicines  20
Dry Goods  12^
Earthenware  12^
Fish, preserved, dried, and salt  15
Fire arms  12j
Fruits, preserved, and dried  \2\
Furniture  15
Glass and Glassware  12|
Groceries  12|
Hardware and Ironmongry  12^
Harness and Saddlery  20
Hemp Canvass  2\
Leather  15
Jewellery  20
Machinery  10
Matches  12£
Meat, preserved  12|
Do.    fresh  20
Per cent.
Molasses  125
Nails  12^
Nuts and Almonds  12|
Oils  15
Opium  25
Paints ;  10
Pork salt  10
Plants, trees and shrubs  12|
Poultry, dead and alive  25
Quicksilver  10
Rope, Cordage and Twine  5
Soap  15
Stationery  12$
Tinware  25
Vegetables preserved and salt  10
Waggons, Carriages  20
Trunks....r.  12|
Watches and Clocks  12J
Window Sashes and Doors  20
Ship building materials, viz :—
Manufactured Sails  20
Cotton Canvas  5
Woodenware  12£
Yeast Powders  12g
All other articles not enumerated in
either of the above lists, nor in the
following list of free goods  12£
Agricultural Implements, Books Printed and Manuscript, Bricks, all Fresh Fruits
not enumerated in Schedule of Specific Duties, Coin, Gunny Sacks, Iron and Steel, all
kinds of wood not enumerated in Schedule of Specific Duties, Calves under twelve
months old, Personal Effects, Salt, Garden Seeds, Grain for Seed, Tar and Pitch, Tin,
Copper, and Zinc, Lead in pipe, sheets and bars, Wire, (Iron and Brass) Copper Sheets,
Boiler-plates and Bolts, and patent metal for Ships, Iron Hoops, Sheet Iron, Rough and
partialy Manufactured Woods used in construction of Carriages and Waggons, and Steel j
Springs, Waggon Axels, Anehors, Cables, Chains and Copper Bolts for Ship Building,
Fresh Fish, Fish Oils, Whalebone, Raw Hemp for Rope Making, Tallow, Gas Retorts,
Fire Clay, Furs, Hides, Lemon and Lime Juice, Guano, Wool, Oakum, and Jute, Ship's
Blocks and Junk, Blacksmith's Coal.
The following are the Excise Duties ordered to be paid according to the " Licenses
Ordinance " of March, 1867 :—
(«) By each person vending spirituous or fermented Liquors,
by retail, for each House or Place in the Colony where such
vending is carried on, if in a Town of not less than fifty inhabitants $100 for every 6 months.
(&) Where such retail vending is carried on in a Rural
District, not forming part of a Town $30 for every 6 months.
(c) By each person not having a retail license as above,
and vending spirituous and fermented Liquors for wholesale,
that is to say, in quantities of not less than two gallons, for each
House or Place in the Colony $25 for every 6 months.
{d~) By each person keeping a Saloon or Building where a
Billiard Table is used for hire or profit $5  for   each   table   for
(e) By each person keeping and letting for hire any Bow- [every 6 months,
ling Alley or Rifle Gallery, for  each  Bowling  Alley  or Rifle
Gallery $5 for every 6 months.
(/) By every person keeping a Dance House .....$100 for every 6months.
(.(/) By every person selling Opium, except Chemists and
Druggists using the same in the preparation of prescriptions of
Medical practitioners $50 for every 6 months.
(/*) For every person carrying on the business of a wholesale or of a wholesale and a retail Merchant or Trader $50 for every 6 months.
For every retail Trader $5 for every 6 months. 22
Tra3e—the Tariff.
Such two last mentioned Licenses to enable the person paying the same to change
his place of abode of business at pleasure, but not to carry on business at two places at
the same time under one License.
(i) By every person not having a Free Miner's Certificate,
engaged in Mining for Gold, whether on his own account or fdr
hire, such payment to include a Free Miner's Certificate $5 for 1 year.
O) By every person owning a Pack Train of more than six
animals, Freight Waggon, Stage Coach or Omnibus, used in
transporting goods for profit or hire a distance beyond 10 miles
from any Town, and not paying a Merchant's or Trader's
License $5 for every 6 months.
2. By every person owning a Pack Train of less than six
animals, Dray, Waggon or Omnibus, used in transporting goods
and passengers for profit or hire, within a distance of ten miles
from  any  Town,  and not  paying  a Merchant's  or  Trader's
License $2.50 for every 6 months.
3. By  every  Livery Stable Keeper not  paying  Trading
License v.$10 for every 6 months.
4. By every person following the calling of Cattle Drover in
the Colony shall pay $50 for every 6 months.
(&) By every person carrying on, on his own account, the
business of a Banker, at one place of business $400 for 1 year.
and for each other place of business in the Colony $100 for 1 year.
{V) By every person practising as a Barrister at Law,
Attorney at Law or Solicitor in the said Colony $50 for 1 year.
(m) By every person following the occupation of Conveyancer or Land Agent, or both $25 for every 6 months.
(n) By every Auctioneer (not being a Government Oflicer
selling by auction Government property) in addition to any
other License in this Schedule $50 for every 6 months.
And 1| per cent, on returns of sales, exclusive of sale of Real
(o) By every person occupying any Crown Lands, by
making any erections thereon, and carrying on any trade upon the
same, in addition to the duties above charged, and for the use
of the land so occupied by him $2.50 for every month.
Distillers must be licensed—fee $25 for one year, and must pay as duty, $1 per
gallon, imperial measure, on spirits of every kind not exceeding the strength of proof of
Sykes' Hydrometer, and so in proportion for any greater strength. They must keep
books open to inspection at all times, make sworn returns, and pay duties monthly.
The Vancouver Island line of Electric Telegraph is owned by the California State
Telegraph Company. It connects with that Company's line in Washington Territory by
means of twenty miles of cable across the Straits of Fuca; then it diverges north and south,
running north to New Westminster, where* it joins the Russian extension of the Western
Union Telegraph Company, and south through Oregon to California, where it connects
with the overland line east.
Length of line—
In Vancouver's Island       4 miles.
Cable under the Straits     20    "
On the mainland of British Columbia  800    "   —824 miles.
There is no Militia Law in British Columbia, but two Volunteer Rifle Companies
exist; one in Victoria, the other in New Westminster, officered as follows :
Victoria  Company—Capt. B. W. Pearse, Lieut. Roscoe, Ensign Turner, Adjt. and
Lieut. Vinter, Surgeon J. W. PoweU.
Neto Westminster Company—Capt. Pritchard, Lieut. Scott, Ensign Wolfenden.
The Government devotes $1,000 per annum to the support of this organization.
Esquimault, V. I., is the head quarters of the Pacific Fleet, now consisting of H. M.
S. s. Zealous, (iron clad) bearing the flag of Rear Admiral Hastings, C B. j H. M. Ships
Malacca, Scout and Sparrowhaiok, gun boats Forward and Grappler.
The extent of Esqimault harbour is about 3 miles by 2 ■ it is 6 to 8 fathoms deep,
J with a blue clay bottom, can be entered at any time, and is perfectly safe. The con-
1 struction of a Dry Dock there, suitable both for ships of war and merchant ships, is in
j contemplation by the Imperial Government. s=
Currency—Banks—Weights and Measures.
The ordinance regulating the currency of British Columbia* provides that the public accounts shall be kept in dollars and cents, and thus defines the value of various coins.
Except as to Fines, Forfeitures, Duties of Customs, Gold and Silver Coins are current for and a legal tender for the sum set opposite to them, as follows :—
The Pound Sterling, or Sovereign  $4 85
The Half Sovereign ,     2 42£
The Crown piece  ■.     1 25
The Half Crown piece     0 62£
The Shilling     0 25
The Sixpence     0 12-J
The Threepenny piece     0 06
The Gold Eagle of the U. S. of America, coined after Jan. 8th, 1837. 10 00
The Twenty dollar piece, coined after the like date  20 00
The Five dollar piece, coined after the like date     5 00
The Two and a half dollar piece, coined after the like date     2 50
The Dollar Gold piece, coined after the like date     1 00
The Silver Dollar piece     1 00
The Half Dollar     0 50
The Quarter Dollar     0 25
The Dime     0 10
Silver Coins are not legal tender to the amount of more than ten dollars.
But all'Fines, Fees, Forfeitures, Duties of Customs, and other the sums of money
payable to Her Majesty in Sterling, due or leviable under the provisions of any Act of
the Imperial Parliament now or hereafter to become in force in the colony, or of any
Proclamation, Ordinance or Act now in force in the colony, are to bo levied, assessed and
collected according to the following scale of conversion, that is to say :—
In lieu of one Half-Penny Sterling  $0 01
I        One Penny     0 02
"        One Shilling, or one Shilling and a half-penny     0 25
"        Two Shillings, or two Shillings and a penny     0 50
"       Four Shillings or four Shillings and two pence     1 00
"        Six Shillings, or six Shillings and three pence     1 50
U       Eight Shillings, or eight shillings and four pence     2 00
And so on in like proportion ; and in lieu of the Pound Sterling     5 00
The Banks established in British Columbia are the Bank of British North America
and the Bank of British Columbia. They both make quarterly statements to the
Wells, Fargo & Co. also carry on a private banking business, in connection, with
their Express agencies.
The figures respecting the two public banks for the quarter ended 30th June, 1867,
are :—
Bank of B. N. America.....
Bank of British Columbia.
• t-t
O   o
$145,171 $335,800
80,569   151,239
'   CD
02 -+J
m a
02 "-1
ft a
® m
» a *
"ti 'C +*
*"2    ^    OQ
» e8 o
ftrQ   ca
CD        -u
, 56,747
$298,2111  $314,555
56,304     496,050
$225,740 $487,039 $153,456 $354,515   $810,605
The weights and measures of Her Majesty's Exchequer in England are made the
standards of British Columbia, by Ordinance No. 14, 1867.
Inspectors are appointed who stamp all weights and measures brought to them.
Fee 20 cents for each weight or measure so stamped. They may visit all shops, and
confiscate all false weights or measures. No weights of lead or pewter can be stamped,
nor those containing any lead or pewter, unless wholly cased with brass, copper or iron.
Penalty for possessing false or unlawful weights or measures, $100 ; for using them
with intent to defraud, $1,000. T
Education—Postal Affairs.
Education has been the subject of great attention in Vancouver Island, and while
the country was still under the control of the Hudson's Bay Company, a very good system
of District Schools was inaugurated. In addition to which the Roman Catholic Church
established in 1858-9 some very efficient schools, both for girls and boys. The Episcopal
Church has since established a Collegiate school for boys, and a Ladies' College, which
do much to exalt the educational advantages of the Colony. The " Common School
Act " was passed by the Legislature in 1865, making all public schools non-denominational and free.
The chief provisions of this Act are these :—
The Governor appoints nine or more persons, a General Board of Education.
Corporate and all School Property shall be vested in such General Board.
To meet at least once a month.
There is a Superintendent of Education, appointed from year to year, at a salary of
fifteen hundred dollars per annum, who is ex officio Secretary of the Board.
The Board establishes School Districts in the said Colony, prescribes such course of
Education and Discipline, and selects and prescribes for use in each District School,
such books as they may think best, and authorizes the purchase and distribution thereof.
The Governor appoints sueh persons as he thinks fit to be Teachers of Common
The Governor also appoints Local Boards of Education, of not less than three
persons in any School District, with power and authority to visit and report on the state
of the Schools within its District for the information and guidance of the General Board.
The Superintendent of Education visits the Common Schools and reports thereon,
by the Order and according to the Instructions of the General Board.
All Schools established under the provisions of the Act, must be conducted strictly
upon Non-Sectarian principles. Books inculcating the highest morality are to be
selected for the use of such Schools, and all books of a Religious character, teaching
Denominational Dogmas, are to be strictly excluded therefrom.
It is lawful for the Clergy of every Denomination at stated intervals, to be fixed by
the General Board of Education, to visit such Schools and impart in a separate room
religious instruction to the children of their respective persuasions.
Every Common School shall be open to tho children of persons of all denominations;
the power of expulsion in cases of gross misconduct shall be at the discretion of the
Board of Education, or in the absence of such Local Board at the discretion of the
The members of the Board of Education under the above Act are :—
J. W. Powell, M. D., Chairman,
W. F. Tolmie, M. D.,
Hon. D. Cameron,
Hon. J. McDonald,
Lumly Franklin,
Thos. Trounce.
Hon. I. L. Wood,
F. Garesch6,
D. W. Higgings,
The following is an abstract of the official report of the Superintendent, Mr. Alfred
Waddington; it will convey some idea of the importance of these newly established
Schools :
| Common Schools.—In Victoria City, 2, Victoria District, 3 * Esquimault Lake, South
Saawich, Cowichan and Nanaimo Districts, 1 each; total 10. All non-sectional teachers,
11. Scholars, 237 males, 167 females, total 404. Salaries paid by Government,
including $1,500 to Superintendent of Education, $9,840, total expenditure, $27.28 per
" Private Schools.—1 Collegiate, Church of England ; 1 Ladies' College, do. • 2
Roman Catholic and 8 Protestant Schools, all in Victoria. Pupils, 141 males, 278
females ; total, 419."
On the mainland education has not received so large a share of public attention,
because the necessities have not been so great, but besides the private schools at present
existing, wherever there is a want, assistance is readily obtained from the Government
to meet it.
The appropriation made by Government for Educational purposes for 1867 is
The General Post Office for British Columbia is at New Westminster.
Postmaster General—Hon. A. J. Bushby.
The following are the established rates of postage :—
1. For every letter to and from British Columbia and Vancouver's Island and
delivered at Victoria or New Westminster and not exceeding \ ddi ounce $0.06
For each additional 5 oz. or fractional excess  0.06
} On every newspaper  0.02
I On all letters arriving from any other place than Vancouver's Island delivered at
I Now Westminster, the said rate shall be levied in addition to foreign postage. ——
Postal Affairs—Patents—Public Officers.
2. For every letter transmitted from a Post Office at any one place in the colony to a
Post Office at any other place in the colony :
For \ oz. or fractional part thereof. $0.10
For every single newspaper  0.10
The government steamer Sir James Douglas is at present engaged in carrying the
mails between Victoria and the settlements on the coast of Vancouver Island.
One of the  California Steam Navigation Co. steamers is subsidized to convey the
mails to and from San Francisco.
The following are the Post Offices and Postmasters in British Columbia :—
>       Name P. 0. Postmaster.
•Soda Creek J. T. Senay.
Victoria G. S. Evans.
(Williams Creek J. Bowron.
j Yale , L. Agassiz.
On Vancouver Island.
iVictoria (chief Post Of-
|    iico on the Island) Henry Wootton.
iChemaihus Geo. Askew, Act'g.
iComax Holder & Hart, Actg.
iCowichan Samuel Harris "
New Westminster.. Hon. A. J. Bushby.'Esquimault H. E. Wilby,    "
Quesnelsmouth F. Trevor. JMaple Bay William Beaumont,
Richfield J.Bowman. Acting.
Savana's Ferry C.Warren. Nanaimo A.Mayer, Acting.
Seymour A. R. Milne. i
On the Mainland.
Name P. O. Postmaster.
Ashcroft E. S. Cornwall.
Douglas R. White.
Fort Shepherd John Jane.
French Creek John White.
Hope A. S. Hall.
Kootenay J. Normansell.
Lake LaHoche W. Anderson.
Lillooett T. H. Sharwood.
Lytton H. B. Guerra.
The Patent Law of British Columbia (Ordinance No. 17, 1864,) provides that no
applications for an exclusive privilege shall be received by the Governor unless the
same shall have been first enquired into by the Attorney General, ahd a certificate
Obtained that the invention is new and useful.
It does not appear that any patents have yet been taken out.
British Columbia and Vancouver Island were, until 1866, two separate Colonies ;
the former under the governorship of Frederick Seymour, with a Legislative Council,
(as Crown Colonies are usually governed,) the latter under the governorship of Arthur
E. Kennedy, C. B., with a Representative Assembly, and a Legislative Council.
The Roll of British Columbia Councillors, previotls to the Act of Union, was as
Colonial Secretary, and Presiding Member... Arthur N. Birch,
Attorney General  Henry P. Pellew Crease,
Treasurer  Charles William Franks,
Collector of Customs  Wymond Ogilvy Hamley,
Magistrate, New Westminster  Chartres Brew,
Do.        Cariboo  Peter O'Reilly,
Do.        Lytton  Henry Maynard Ball,
Do.        Lillooett  Andrew Charles Elliott,
Do.        Osoyoos and Kootenay  John Carmichael Haynes,
New Westminster District  Joshua A. Reynolds Homer,
Douglas and Lillooet District  Henry Holbrook,
Hope, Yale, and Lytton District   Clement Francis Cornwall,
Cariboo East and Quesnel Forks District  George Anthony Walkem,
Cariboo West and Quesnelmouth District  Walter Moberly.
Vancouver Island had a representative Assembly, composed as follows :—
Speaker J. S. Helmoken,
I Dr. Powell,
Victoria City J A. DeCosmoB,
' L. McClure,
Lake District	
Saanich District.
Metchosin District..
...Jas. Duncan,
...J. J. Cochrane,
J. S. Helmcke;u,
J. Ash,
Salt Spring District....J. T. Pidwell,
Esquimault District....J. J. Southgate,
Sooke District J. Carswell,
Nanaimo District J. Cunningham.
Capt. Stamp,
f Dr. Tolmie,
Victoria District -j Dr. Trimble,
( Dr. Dickson,
The Legislative Council was composed of—
President Hon Chief  Justice     Acting Surveyor Genl.Hon. Mr. Pearse,
Needham, Treasurer Hon. Mr. Watson,
Acting Atty. General..Hon. Mr. Wood, |Colonial Secretary Hon. W. A. G
Young. 26
Public  Officers.
The present Public Officers of the United Colonies are :—
Governor Frederick Seymour,   IChief Com. of Lands
Colonial Secretary Absent, (acting W. A.     and Works Joseph W. Trutch,
G. Young,) ICollector of Customs...W. D. Hamley,
Attorney General H. P. P. Crease, Clerk to Council The Col. Sec. ex officio,
Treasurer Vacant,
Colonial Secretary A- N. Birch, Pred't.,
Attorney General H. P. P. Crease,
Solicitor General T. L.Wood,
Treasurer  Vacant,
Surveyor General J. W. Trutch,
Collector of Customs...W. D. Hamly,
Stipendiary     Magistrates for Columbia..P. O'Reilly,
Do.      Cariboo H. M. Ball,
Do.      Lillooet ....E. H. Sanders,
Do.      Big Bend..W. G. Cox,
Mayor of Victoria,V.I.W. J. MacDonald,
Sty. Mg. for Nanaimo..W. H. Franklin,
Victoria City.. Amor DeCasmos,
do. .. J. S. Helmcken,
District.. J. D. Pemberton,
Nanaimo   J. J. Southgate,
Lillooet  E. Stamp,
Cariboo  G. A. Walkem,
Big Bend and
Kootenay.... R. T. Smith,
® >»
■**   C- P
t»^ ft ^
;fi *g
®   M   2
+1   Art
c3   K -t->
Appointed member Hon. R. Finlayson,
Do.         Hon. D. Fraser.
Cf. In. of Police, N.W.Chastres Brew, J. P.
Magistrates P. 0. Roilly, Col., J. P.
Do H. M. Ball, Car., J. P.
Do E. H. Sander, Lil., J. P.
Do W. G. Cox, J. P.
Unofficial Members.
New Westminster J. Robson,
|Yale and Lytton F. J. Barnard,
Do.'         W. J. MacdonUd,
Victoria City J. S. Helmcken,
Do.  A. DeCosmos,
Victoria District J. D. Pemberton,
Do.  J. Southgate,
Lillooett E. Stamp,
Cariboo East G. A. Walkem,
Columbia & Kootenay .R. T. Smith,
Clerk to Council Charles Good, (£120,)
Governor F.  Seymour,  £4,000, Collector W. D. Hamley, £650,
and £1,000 trav. al.jChief Clerk W. H. McCrea, £370,
Private Secretary D. C. Maunsell, -£350.fClerk C. S. Finlaison, £300,
Colonial Secretary A.N. Birch,£800, (on;Depy. Col. S. Bay J. C. Haynes, £350,
leave,) W.   A.    GJRevemie Officer C. S. Wylde, £350,
Young, acting,        list Landing Waiter....George Fry, £300.
Asst. Colonial Secy....Charles Good, £400,
Clerk John Connell, £300,
Do J. J. Young, £250.
Registrar General A. T. Bushby, £500,
Do.    Deeds Vic.E. G. Alston, £400.
Superintendent R. Wolfenden,  £250, Harbour Master James Cooper, £370,
Printer G. Williams, £180,      Master of Light-Ship.. J. Jolly, £247 8s. 6d.
Do Robert Butler, £180, |Two Seamen At £98 19s. 6d.
Messenger W. Franklin, £150.
Treasurer » —— £750, (vacant)
Actg. Chief Clerk* J. Graham,
Clerk A. Calder, £300,
Postmaster General....A. J. Bushby,
Do.       (Victoria)H. Wootton, £300,
Sorter V. Tait, £155.
■Do w- C.Berkeley,£250. Clerk Charles Good, £120.
Supt. of Assay F. Claudet, £475,
Chief Melter W. Hitchcock, £300.
,    . 1 M. B. Begbie, £1,200,
Judges of Sup. Crt. s T   AT     ,,?     '«,,„„'
J. Needham, £1,200.
(Aoting Registrar C. E. Pooley, £300.
Attorney General H. P. P. Crease, £500.
iClerk  - £250. .
Auditor General Robert Ker, £500,
Clerk T. R. Holmes, £300.
Chief Commissioner....J. W. Trutch, £800,
Assistant Surveyor....B. W. Pearse, £400, [ police, new Westminster and douglas
1st Clerk A. R. Howse, £250,    j Police Magistrate C. Brew, £500,
j 2nd Clerk J. V. Woolsey, £250, [High Constable T. Brew, £200,
Draughtsman J. B. Lannders, £250,|Toll Col. at Douglas..R. White, £220,
[ Ib. of Steam Vessels./!. Westgarth, fees.     Three Constables At £144 each. Illlllli        i	
Public  Officer's.
Warden  C. J. Prichard, £250'
Two  Gaolers At £144 each,
Medical Attendant W. Jones, M. D.,£100.
Cariboo East.
Assistant Gold Com....H. M. Ball, £700,
Clerk W. M. Cochrane, £400
Chief Constable W.H.Fitzgerald, £400!
Constable  £300,
Do J.H.Sullivan, £300.!
Kootenay, including Qsooyoos, Fort Shepherd,
and the Big Bend of Columbia.
Gold Commissioner P.O'Reilly, J.P. £800,
Clerk John White, £400,
Chief Con. Kootenay..J. Normansell,  £350,
Ch. Con. Fort Shep'd..J. Jane, £280,
Chief Constable W. H. Lowe, £250,
Con. at Big Bend A. Vowell, £300.
Vale, Hope, and Lytton.
Assistant Gold Com....P. O'Reilly, £500,
Chief Constable  —- £250,
Constable at Yale E. Coffee, £200,
Constable at Lytton....A. S. Hall, £192,
Toll Collector atYale.U. E. Pope, £240.
Assistant Gold Com....E. H. Sanders,  £50oJ
Chief Constable J. Sharwood, £240,
Constable W. Evans, £192,
Toll Collector,Clinton.J. Brown, £206.
Bishop Rt. Rv. G. Hills, D. D. I
Archdeacon (Vacant,)
Rector of New Wes'r..Rev. — Hayman,
Hamlet of Sapperton,
N. W Rev. — Hayman,
Lytton  Rev. J. B. Good,
Hope (Vacant,)
Lillooett (Vacant,)
Cariboo (Vacant,)
Big Bend (Vacant,)
Kootenay (Vacant.)
JDean Rev. E. Cridge,
Ch.  Ch Rev. G. Raymond,
St. Johns Rev. C. J. Woods,
Esquimalt Rev. A. C. Garrett,
Nanaimo Rev. P. Innes,
Cowichan Rev. S. W. Reece.
Magistrate Victoria.A.F. Pemberton, £450,
Clerk £200,
IstSergt. Police £188,
3 Constables* At 7s. a day.
Gaoler £190,
Assist. Gaoler .£150,
Supt. Convicts £190,
2 Guards £130 each,
2 Door guards & Cook.£112 each,
Medical Officer £125.
The Foreign Consuls resident in British Columbia are-
France     Men6 Prosper	
Sandwich Islands     Hon. Henry Rhodes....
United States     Hon. Allen Francis	
Victoria, V. I.
The provisions of the " Legal Professions Act " are :—
Persons desiring to be enrolled as Barristers, and admitted to practice, must be
subjects of the British Crown, of fuy age, good conduct and repute :—
(1.) Who shall have been duly called and admitted to practise as Barristers at law or Advocates in any o
Her Majesty's Superior Courts (not having merely local jurisdiction) in England or Ireland ; or
(2.) Who-shall have been duly called and admitted to practise as a Barrister at Law, in any of the Superior
Courts of Law (not having merely local jurisdiction) in any of Her Majesty's Colonies wherein the Common Law
of England is the Common Law of the land, and who, if applying after the establishment of examinations for
admisson but not before, shall have passed such examination in the laws and practice of the Colony, as shall be
hereafter legally established ; or
(3.) Who shall have been so duly called and admitted to practise as an Advocate in the Court of Session in
Scotland, or
(4.) Who shall have been duly called and admitted to the Degree of Doctor of Civil Law, at any University,
in England, Scotland, or Ireland, or
(5.) Who shall have been instructed within the Colony, in the knowledge and practice of Law, and duly
qualified to be called to the Bar, under and subject to such regulations as may hereafter be from time to time
legally established in that behalf.
British Colnmbia is divided into districts, under the care of Resident Stipendiary
Magistrates, who discharge the duties of County Court Judges, Assistant Commissioner
of Lands and Works, Assistant Commissioners, and are in fact the general agents of the
By the Registry Aet, (No. 8, 1861,) a " Land Registry Office " is established at New
Westminster, with " District Land Registry Offices " in other places, under the superintendence of the Registrar General.
Tho officers are paid by salaries, viz : $2,500 to the Registrar General, and $1,500 28
Legal Affairs—Registry Offices.
to the Deputy and Registrars, and the following fees are collected and paid over to the !
Crown :—
For taking the acknowledgment of any instrument for each signature, if more than one, Four Shillings ; if
only one signature, Eight Shillings ; for administering an oath, Four Shillings ; for endorsing the time of
depositing any instrument, Two Shillings ; for registering'any instrument, for every Folio of one hundred words,
Three Shillings; for making in the indices the several entries of instruments registered, for every such instrument, Two Shillings and Sixpence ; for the use of the Records, for inspection and examination by persons
desiring to inspect the same, for every such inspection and examination at one time, One Shilling • for making
certified copies of all instruments, of record in the office, the same fees as for registering; for every subpoena,
Four Shillings; for every official certificate, Four Shillings; for registering plans, maps, charts, Surveys,
diagrams, schedules, drawings, and other writings, matters, and things not herein enumerated and mentioned,
and for making certified copies of any such, and for making searches, and for all other services not herein
specified to be rendered by the Registrars,' such fees to be charged, as may be agreed upon between them and the
party requiring; the performance of the same, and in case of difference tne fees to be determined under the direction of the Judge of the Supreme Court, whose decision shall be final; for persons not connected with the Office
making for themselves transcripts or extracts from the records, no charge, but the making of such transcripts and
extracts to be allowed only subject to sach rules as shall be establised by the Registrar General aforesaid.
The Ordinance No. 31, 1867, tespecting Practitioners in
empowers the Governor to appoint a Registrar of Medical
Registry, $10.
Unless reg:stered, no Medical Practitioner can recover any
surgical advico or attendance or operation,  or for medicine ;
Dentists or full pay Medical Officers in H. M. Service.    Penal
of Doctor, Physician, &g., implying registry, falsely, $100
The qualifications required, before registry, is—
" The possession of a diploma, license or privilege to practi
" from any School, College, Society or Faculty of Medicine or
" United. Kingdom or in a Foreign Country, such School, Coll
" requiring a compulsory course of study extending over not less
Medicine and Surgery,
Practitieners.    Cost  of
charge for medical or
but this is not to affect
for assuming the title
se Medicine or Surgery
Surgery, either in the
ege, Society or Faculty
than three years."
[British Columbia^-SQ Vic, No. 34, 2nd April, 1867.]
^V^HEREAS it is  expedient to amend and assimilate the Laws relating to Gold
» V      Mining in this Colony;
Be it enacted by the Governor of British Columbia, with the advice and consent of
the Legislative Council thereof, as follows;
I. From and after the passing of this Ordinance " The Gold Mining Ordinance,
1865," and the Proclamations, hRules, and Regulations, and Ordinances, repealed
thereby, are hereby repealed; provided however that such repeal shall not in any
manner affect any rights acquired, or any liabilities or penalties incurred thereunder,
or any remedies or punishments prescribed thereby, but such remedies and punishments
may still for the purposes of such enforcement, but not further or otherwise, be available
and capable of imposition.
II. In the construction of this Ordinance the fallowing expressions shall have the
following interpretations respectively, unless there be something inconsistent or
repugnant thereto in the context.
The words " Her Majosty " or " The Crown " shall mean Her Majesty, Her Heirs
and Successors.
The word " Governor" shall mean and include any person administering the
Government of this Colony.
" Gold Commissioners" shall include Chief Gold Commissioner, Assistant Gold
Commissioners and others lawfully acting as Gold Commissioners, either under special
authority or the authority of this Ordinance.
The word "Mine " shall mean any locality in which any vein, stratum,, or natural
bed of auriferous earth or rock shall be mined; and the verb " to mine " shall include
any mode or method whatsoever of working the same for the purpose of obtaining gold
The word " Claim " shall mean the personal right of property or interest in any
mine ; and in the term " Mining Property " shall be included every claim, mine, ditch,
or water privilege used for mining purposes, and all other matters and things thereto
belonging, or used in the working thereof.
" Bar Dieeines " shall mean every mine over which a river extends when in its
flooded state. Gold Mining Law.
•'Dry Diggings" shall mean any mine over which a river never extends.
The mines or benches shall be known as " Bench Diggings," and shall for the
purpose of ascertaining the size of claims therein be excepted out of the class of " Dry
" Streams and Ravines " shall include water-courses, whether usually containing
water or not, and all rivers, creeks, and gulches.
" Hill Claims " shall include all claims located on the surface of any hill.
I Ditch I shall include a flume or race, or other artificial means for conducting
water by its own weight, to be used for mining purposes.
" Ditch Head " shall mean the point in a natural water-course or lake where water
is first taken into a ditch.
" Free Miner " shall mean a person named in, and lawfully possessed of a valid
existing Free Miner's Certificate, and no other. And words in the singular number
shall include the plural, and the masculine gender shall include the feminine gender.
The words "Record," "Register," and "Registration," as hereinafter used shall
be synonymous.
III. This Ordinance shall be divided into Twelve Parts :—
The First Part relating to the Appointment of Gold Commissioners and their Jurisdiction •
The Second Part to Free Miners and their Privileges;
The Third Part to the Registration of Claims and Free Miners' General Rights;
The Fourth Part to the Nature and Size of Claims ;
The Fifth Part to Bed-Rock Flumes *
The Sixth Part to the Drainage of Mines *
The Seventh Part to Mining Partnerships and Limited Liability •
The Eighth Part to Administration*
The Ninth Part to Leases ;
The Tenth Part to Ditches -
The Eleventh Part to Mining Boards and their Constitution;
The Twelfth Part to the Penal and Saving Clauses.
IV. The Governor may from time to time appoint such persons as he shall think
proper to be Chief Gold Commissioner and Gold Commissioners either for the whole
Colony, or for any particular districts therein, and from time to time in like manner fix
and vary the limits of and subdivide such districts, and make and revoke all such
V. Within every such district or districts there shall be a Court to be called the
I Mining Court," in which the Gold Commissioner of the district shall preside as Judge
VI. Such I Mining Court" shall have original jurisdiction as a Court of Law and
Equity, to hear and determine all mining disputes arising within its district, and shall
be a Court of Record with a specific Seal - and in determining suits or actions brought
therein the Gold Commissioner may render such judgment, or make such order or decree,
as he shall deem just, and for the purposes thereof and for enforcing the same he shall
have and exercise, save as hereinafter excepted, the same powers and authority legal
and equitable as are now exercised in the Supreme Court of Civil Justice of British
Columbia, by any Judge thereof. Provided, however, that the Gold Commissioner shall
if desired by both parties to a cause in cases of liquidated damages, or if desired by
either party to a cause in case of unliquidated damages, summon a Jury of from three
to five Free Miners to assess the amount of such damages.
VII. No prescribed forms shall be necessary, provided that the substance of the
matter complained of be properly expressed in writing and embodied in a summons to
be issued from the Court, and served on the opposite party, or as may be directed, and
such summons may by leave of the Gold Commissioner be amended, if requisite, by
either party upon such terms as he may impose, and the sum of Ten Dollars shall be
charged for every Summons so issued.
VIII. Where disputes arise concerning mining property, portions whereof are
situated in adjoining or different districts, the Gold Commissioners of either of such
districts before whom the dispute is first brought shall determine it.
IX. The Gold Commissioner may, in cases of disputed boundaries or measurements,
employ a Surveyor to mark and define the same, and cause the reasonable expense
thereof to be paid by either or both of the parties interested therein.
X. He shall also have the power to lay over any or all claims within his district,
for such period and under such circumstances as he may think proper.
XI. Ho shall have power to order any mining works to be so carried on as to ensure
the safety of the public, or protect the interests of claim holders or bed-rock drains j
and any abandoned works may by his order be either filled up or guarded to his satisfaction, at the cost of the parties who may have constructed the same, or in their
absence then upon such terms as he shall deem expedient. Gold Mining Law.
XII. It shall be lawful for him, upon being so requested, to mark out for business
purposes or gardens, on or near any mining ground, a plot of ground of such size as he
shall deem advisable * subject, however, to all the existing rights of Free Miners then
lawfully holding such mining ground, and their assignees. And any building erected,
or improvements made thereon for any such purposes, shall in every such case be erected
and made at the risk of the persons erecting and making the same j and they shall not
be entitled to any compensation for damage done thereto by such Free Miners so entitled
in working their claims bond fide.
XIII. It shall be lawful for him, upon beingso requested, to mark out for business
purposes or gardens, on or near any mining ground not previously pre-empted, a plot of
land of such size as he shall deem advisable, to be held subject to all the rights of Free
Miners to enter upon and use such lands for mining purposes, upon reasonable notice to
quit being given to the occupier, such notice to be subject to the approval of the Gold
Commissioner; and further upon the payment of due compensation for any crops
thereon, and for the buildings and improvements erected on such plots ; such compensation to be assessed by the Gold Commissioner previous to entry, with or without a jury
of not less than three.
A monthly rent of Five Dollars shall in every such case be payable by the grantees
of such plot, or their assignees, to the Gold Commissioner.
XIV. Any Judge of the'Supreme Court of Civil Justice of British Columbia may,
with the advice and consent of the Gold Commissioner of any particular district, from
time to time make, repeal, and alter any rules or regulations for the conduct of the
business before such Gold Commissioner, and for the costs incident thereto.
XV. Where any mining cause, wherein the sum of damages sought to be recovered
shall be less than Two Hundred and Fifty Dollars, is brought in the first instance before
the Supreme Court of Civil Justice of British Columbia, it shall be lawful for the Court
after issue joined to direct the cause to be tried before any particular Gold Commis.
sioner, upon such terms as the Court shall think fit. .
XVI. All jurors and witnesses summoned under and by virtue of the powers contained in this Ordinance shall be entitled for their attendance to receive such compensation as the Court may direct.
XVII. When in civil cases the subject matter in any mining dispute is in value
more than Two Hundred and Fifty Dollars, an appeal shall, save as hereinafter excepted,
lie from the decision, ruling, judgment, order, or decree of the Gold Commissioner to the
Supreme Court of Civil Justice of British Columbia; provided, however, that the
decision of the Gold Commissioner, or of a jury summoned under the provisions of this
Ordinance, upon all matters of fact shall be final and conclusive, and no appeal shall
lie therefrom. No appeal shall be allowed in any cause, unless notice thereof be given
in writing to the opposite party, or his Attorney, within four days after the decision
complained of, and also security be given, to the approval of the Gold Commissioner,
for the costs of the appeal, and the amount (if any) payable under the judgment. And
the Said Court of Appeal may make such order as it shall think fit. Such appeal may
be in the form of a case settled and signed by the parties, their Counsel,  or Attornies.
XVIII. Every person over but not under sixteen years of age shall be entitled to
hold a claim. Minors who shall become Free Miners shall as regards their mining
property and liabilities contracted in connexion therewith be treated as adults.
XIX. Every Gold Commissioner, upon payment of the sums hereinafter mentioned,
shall deliver to any person applying for the same, a Certificate to be called a Free
Miner's Certificate, which may be in the following form :
British Columbia.—Free Miner's Certificate.
Valid for years.
This is to certify that A. B. of has paid me this day the sum
of , and is entitled to all the rights and privileges of a Free
Miner, for • year   from the date hereof.
(Signed)        G. B., Chief Gold Commissioner,
(or Gold Commissioner, as the case may be.)
XX. Such Free Miner's Certificate shall, at the request of the applicant, be granted
and continue in force for a period of one year or three years from the date thereof, upon
payment by such applicant to the use of Her Majesty of the sum of Five Dollars for one
year, amd Fifteen Dollars for three years. Such Certificate shall not be transferable,
and only one person shall be named therein. And every holder of a Certificate shall
have three clear days after the expiration thereof, and no longer, to renew the same.
XXI. If any Free Miner's Certificate shall be accidentally destroyed or lost, the
same may, upon evidence thereof and upon payment by the applicant of Two Dollars Gold Mining Law.
and Fifty Cents, be replaced by a true copy thereof, signed by the Gold Commissioner of
the district wherein the original Certificate was issued. Every such new Certificate
shall be marked " Substituted Certificate." And unless some material irregularity be
shewn in respect thereof every original or substituted Free Miner's Certificate shall be
evidence of all the matters therein contained.
XXII. Every Free Miner shall during the continuance of his Certificate and no
longer, have the right to enter and mine upon any of the waste lands of the Crown, not
for the time being occupied by any other person.
XXIII. In the event of such entry being made upon lands already lawfully occupied
for other than mining purposes, previously to entry full compensation shall be made to
the occupant or owner for any loss or damages he may sustain by reason of any such
entry • such compensation to be determined by the nearest Stipendiary Magistrate or
Gold Commissioner, with or without a jury of not less than five.
XXIV. No person shall be recognized as having any right or interest in or to any
mining claim or ditch, or any of the gold therein, unless he shall be, or in case of
disputed ownership unless he shall have been at the time of the dispute arising, a Free
XXV. Every Free Miner locating a claim, must record the same at the Office of the
Gold Commissioner of the district within which the same is situated, within three days
after the location thereof, if located within ten miles of the said Office. One additional
day shall be allowed for such record for every additional ton miles or fraction thereof.
Such record shall be made in a book to be kept for the purpose, in which shall be
inserted the name of the claim, tho name of each locator, the number of his certificate,
the locality of the mine, the date of his recording the same, and such other matters and
things as may be deemed requisite by the Gold Commissioner.
XXVI. All claims must be re-recorded annually • but any Free Miner shall upon
application be entitled to record his claim for a period of two or more years, upon
payment of the sum of Two Dollars and Fifty Cents for each and every year included in
such record; and such record shall without renewal, and for and during the time therein
mentioned, but for no further period, have the same force and effect as if the same had
been recorded annually.
XXVII. It shall be lawful for the Gold Commissioner to demand from any miner
applying to record a claim, the production of his certificate, and upon his neglect or
refusal to produce the same, to refuse to record such claim or interest therein.
XXVIII. In case of any dispute, the title to claims will be recognized according to
the priority of registration, subject to any question which may be raised as to the
validity of the record itself, and subject further to the terms, conditions, and privileges,
contained in Clause XXV.
XXIX. No transfer of any claim, or of any interest therein, shall be enforceable,
unless the same, or some memorandum thereof, shall be in writing, signed by the transferror, or by his lawfully authorized agent and registered with the Gold Commissioner.
XXX. For every record made, and leave of absence granted, or any other matter or
thing whatever relating to mining for which a special fee shall not have been provided,
the Gold Commissioner shall charge a registration fee of Two Dollars and Fifty Cents,
as herein defined.
XXXI. The books of record shall, during reasonable hours, be open to public
inspection; and the sum of One Dollar, and no more, shall be charged for every search
made therein.
XXXII. Every copy of, or extract from, any record or register kept under this
Ordinance, and certified to be a true copy or extract under the hand of the Gold Commissioner, or other person entrusted to take and keep such record or register, shall in
the absence of the original register, be receivable in any judicial proceeding as evidence
of the matters and things therein contained ; and the sum of One Dollar and Twenty-
Five Cents, shall be charged for each copy of a record so certified.
XXXIII. Every Free Miner shall be allowed to hold at the same time any number
of claims acquired by purchase, but only two claims by preemption in the same locality,
save as hereafter provided, viz : one quartz claim and one other claim, subject however
to the laws as to record, occupation, and otherwise for the time being in force. And
every Free Miner may sell, mortgage, or dispose of the same. He shall also be entitled,
in addition to the above, to hold a pre-emption claim on each (but not on the same) hill,
creek, ravine, or bench.
XXXIV. The interest which a Free Miner has in a claim shall be deemed and taken
to be a chattel interest equivalent to a lease, for such period as the same may have
been recorded, renewable at the end thereof, and subject to the conditions as to forfeiture, working, representation, registration and otherwise, for the time being in force
with respect to such claim.
XXXV. Every Free Miner shall, during the continuance of his Certificate, have the
exclusive right of entry upon his own claim for the minerlike working thereof, and the 32
Gold Mining Law.
construction of a residence thereon, and shall be entitled exclusively to all the proceeds
realized therefrom, provided that his claim be duly registered, and faithfully and not
colourably worked; but he shall have no surface rights therein.
Provided, also, that the Gold Commissioner may, upon application made to him,
allow adjacent claim holders such right of entry thereon as may be absolutely necessary
for the working of their claims, and upon such terms as may to him seem reasonable.
XXXVI. In addition to the above rights, every registered Free Miner shall be
entitled to the use of so much of the water naturally flowing through or past his claim,
and not already lawfully appropriated as shall, in the opinion of the Gold Commissioner, be necessary for the due working thereof.
XXXVII. No claim located and recorded in any district within 14 days before or at
any time after the claims therein shall have been laid over to the ensuing season, or
other specific date, shall be deemed to be so laid over unless so much work shall have
been bond fide expended thereon by the holder thereof as shall, in the opinion of the
Gold Commissioner, fairly entitle hi,m to have sueh claim laid over.
XXXVIII. A claim shall be deemed to be abandoned and open to the occupation of
any Free Miner when the same shall have remained unworked by the registered holder
thereof for the space of seventy-two hours, unless sickness or othar reasonable cause be
shewn; Sundays, and such holidays as the Gold Commission may think fit to proclaim,
are to be omitted in reckoning the time of non-working.
XXXIX. Every full seized claim, as defined in this Ordinance, shall be represented
and bond fide worked by the owner thereof, or by some person on his behalf.
XL. The Gold Commissioner shall have the power to regulate the number of miners
who shall be required to work in prospecting a claim, or set of claims, until gold in
paying quantities is found.
XLI. Every forfeiture of a claim shall be absolute, any rule of law or equity to the
contrary notwithstanding.
XLII. Where any undivided mining interest in a Company shall be elaimed by any
Free Miner, by reason of any defect in the title or representation thereof, which defect
shall be first established to the satisfaction of the Gold Commissioner, the Company shall
be bound
Either to admit the claimant as a member of the Company to the extent of such
defective interest,
Or to stake off, to the separate use of the claimant; any portion of ground in the
joint ground of the Company, equal in extent to such defective interest.    In such latter j
event the claimant shall not be entitled to any interest whatever in the remaining ground
of the Company, or be considered a member thereof, by reason of such appropriation.
In either case the Company shall pay all costs and expenses incurred by reason of
allowing the non-representation aforesaid. The Gold Commissioner may make such
order as to costs as he may deem just.
XLIII. From and after the date hereof, the size of claims shall be as follows :
For " Bar Diggings " a strip of land 100 feet wide at high water mark, and thence
extending into the river to its lowest water level.
XLIV. For " Dry Diggings " one hundred feet square.
XLV. " Creek Claims " shall be one hundred feet long, measured in the direction of
the general course of the stream, and extending in width from base to base of the hill on
each side. Where the bed of the stream or valley is more than 300 feet in width, each
claim shall be only 50 feet in length, extending 600 feet in width. Where the valley is
not 100 feet wide, the claims shall be 100 feet square.
XLVI. " Bench Claims " shall be 100 feet square.
XLVII. The Gold Commissioner shall have -authority, in cases where benches are
narrow, to mark the claims in such a manner as he shall think fit, so as to include an
adequate claim.
XLVIII. Every claim situated on the face of any hill, and fronting on any natural
stream or ravine, shall have a base line or frontage of 100 feet, drawn parallel to the
main direction thereof. Parallel lines drawn from each end of the base line, at right
angles thereto, and running to the summit of the hill, shall constitute the side lines
thereof. Posts of the legal size shall be planted, 100 feet apart, on both the base line
and the side lines. The whole area included within such boundary lines shall form a
" Hill Claim."
XLIX. In tunnelling under hills, on the frontage of which angles occur, or which
may be of an oblong or elliptical form, no party shall be allowed to tunnel from any of j
the said angles, nor from either end of such hills, so as to interfere with parties tunnelling from the main frontage.
L. The Gold Commissioner shall have power to refuse to record any hill or tunnel
claim on any creek, which claim or any part thereof shall include or come within one
hundred feet of any gulch or tributary of such creek. Gold Mining Law.
LI. Tunnels and shafts shall be considered as appurtenant to the claim to which j
they are annexed, and be abandoned or forfeited by the abandonment or forfeiture of the '
claim itself.
LII. For the more convenient working of back claims on benches or slopes, the Gold
Commissioner may, upon application made to him, permit the owners thereof to drive a
Tunnel through the claims fronting on any creek, ravine, or watercourse, and impose
such terms and conditions upon all parties as shall seem to him expedient.
LILT. Quartz Claims shall be 150 feet in length, measured along the lode or vein,
with power to follow the lode or vein and its spurs, dips, and angles, anywhere on or
below the surface included between the two extremities of such length of 150 feet, but
not to advance upon or beneath the surface of the earth more than 100 feet in a lateral
direction from the main lode or vein, along which the claim is to be measured.
LIV. In Quartz Claims and reefs, each successive claimant shall leave three feet
unworked, to form a boundary wall between his claim amd that of the last previous
claimant, and shall stake off his claim accordingly, not commencing at the boundary peg
of the last previous claim, but three feet further on. If any person shall stake out his
claim contrary to this rule, the Gold Commissioner shall have power to remove the first
boundary peg of such wrong doer three feet further on, notwithstanding that other claims
may then be staked out beyond him; so that such wrong doer shall then have but one
hundred and forty-seven feet. And if such wrong doer shall have commenced work
immediately at the boundary peg of the last previous claim, the Gold Commissioner may
remove his boundary peg six feet further on than the open work of such wrong doer;
and all such open work, and also the next three feet of such space of six feet, shall
belong to and form part of the last previous claim, and the residue of such space of six
feet shall be left as a boundary wall. Every such boundary shall be deemed the joint
property of the owners of the two claims between which it stands, and may not be worked
or injured, &a,ve by the consent of both owners.
LV. If any Free Miner, or party of Free Miners, shall discover a new mine, and
such discovery shall be established to the satisfaction of the Gold Commissioner, the first
discoverer, or party of discoverers if not more than two in number, shall be entitled to a
claim double the established size of claims in the nearest mines.of the same description,
(i. e. dry, bar, or quartz diggings.) If such party consist of three men, they shall
collectively be entitled to five claims of the established size on such nearest mine ; and if
of four or more men, such party shall be entitled to a claim and a half per man, in
addition to any other claims legally held by pre-emption or otherwise. A new stratum
of auriferous earth or rock, situated in a locality where the claims are abandoned shall,
for this purpose, bo deemed a new mine, although the same locality shall have been
previously worked at a different level. And dry diggings discovered in the vicinity of
bar diggings shall be deemed a new mine, and vice versd. A discoverer's claim shall
for all purposes be reckoned as one ordinary claim.
LVI. All claims shall be as nearly as possible in rectangular forms, and marked by
four pegs, at least four inches square, standing not less than four feet above the surface,
and firmly fixed in the ground. No boundary peg shall be concealed, moved, or injured
without the previous permission of the Gold Commissioner. Any tree may be used as a
stake, provided that it be cut down to at least the legal height, and the stump squared as
LVII. In defining the size of claims, the same shall be measured horizontally,
irrespective of inequalities en the surface on the ground.
LVIII. The Gold Commissioner may, where deemed desirable, mark out a space in
the vicinity for deposits of leavings and deads from any tunnel, claim, or mining ground
whatsoever, upon such terms and conditions as he may impose.
LIX. It shall be lawfull for the Gold Commissioner, upon the application hereinafter
mentioned, to grant to any Bed-rock Flume Company, for any term not exceeding five
years, exclusive rights of way through and entry upon any mining ground in his district,
for the purpose of constructing, laying, and maintaining Bed-rock Flumes.
LX. Three or more Free Miners may constitute themselves into a Bed-rock Flume
Company, and every application by them for such grant shall be in writing, and shall
state the names of the applicants, and the nature and extent of the privileges sought to
be acquired. Ten clear days' notice thereof shall be given between the months of June
and November, and between the winter months of November and June one month's
notice shalj be given, by affixing the same to some conspicuous part of the ground, and
a copy thereof upon the walls of the Gold Commissioner's Office of the district. Prior to
such application, the ground included therein shall be marked out by posts of the legal
size, placed at intervals of 150 feet along the proposed main line or course of the Flume,
with a notice affixed thereto stating the number of feet of ground claimed on either side
of such main line. And it shall be competent to any Free Miner to protest before the
Gold Commissioner within such times as aforesaid, but not afterwards, against such
application being granted.   Every application for a grant shall be accompanied by a Gold Mining Law.
deposit of One Hundred and Twenty-five Dollars, which shall be refunded if the application be refused, and if the application shall be entertained then such of One Hundred
and Twenty-five Dollars shall be retained and paid into the Colonial Treasury for the-
use of Her Majesty, whether the application be afterwards abandoned or not.
LXI. Every such grant shall be in writing, signed by the Gold Commissioner.
LXII. Bed-rock Flume Companies shall, upon obtaining such grant, be entitled to
the following rights and privileges, that is to say :
a. The rights of way through and entry upon any new and unworked river, creek,
gulch or ravine, and the exclusive right to locate and work a strip of ground One Hundred Feet wide and Two Hundred Feet long in the bed thereof, to each individual of the
h. The rights of way through and entry upon any river, creek, gulch or ravine
worked by miners for any period longer than two.years prior to such entry, and already
wholly or partially abandoned, and the exclusive right to stake out and work both the
unworked and abandoned portions thereof, One Hundred Feet in width, and one-
quarter mile in length, for each individual Gf the Company.
c. And no person heretofore or hereafter locating unworked or abandoned ground
within the limits of the said Company's ground, after the notice hereinbefore mentioned
has been given, shall be held to have or to have had any right or title as against such
Company to any ground so taken up by them.
d. The words " Abandoned ground " shall be construed to mean all new and unworked
ground, and ground not legally held and represented within the meaning of this Ordinance.
e. Such rights of way through and entry upon any rivers, creeks, and ravines
discovered within the two years next preceding the date of their application before
mentioned, and upon any portions of which Four or more Free Miners are legally holding
and bond fide working claims, as to the Gold Commissioner may seem advisable.
/. The rights of way through and entry upon all claims, which are at the time of
the notice of application hereinbefore mentioned bond fide and not coulourably worked
by any Free Miner or Miners for the purpose of cutting a channel and laying their flume
therein, with such reasonable space for constructing, maintaining, and repairing the
flume as may be necessary. Provided that the owners of such last mentioned claims
shall be entitled to take and receive the gold found in the cut or channel so made, but
where any advantage equivalent to the cost of making the cut may accrue to the individual claim holder by reason of such flume being laid through the claim, the Bed-rock
Flume Company shall be entitled to the actual cost of making such cut to the bed-rock.
g. The use and enjoyment of so much of the unoccupied and unappropriated water
of the stream 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 they shall have their right of way for ditches and flumes to
convey the necessary water to their works, they being liable to other parties for any
damage which may arise from running such ditch or flumes through or over their ground.
h. The right to all the gold in their flumes.
LXIII. The holders of claims through which the line of the proposed flume of such
Company runs may, upon giving at least ten days' notice in writing of such their inten-
| tion to the Bed-rock Flume Company, put in a Bed-rock Flume to connect with that of
the Bed-rock Flume Company, but they shall maintain the like grade,  and build their
: flume as thoroughly and of as strong materials as are used by such Company.
LXIV. Claim-holders so constructing their own flumes at their own expense, through
I their respective claims shall also keep their flume clear of obstruction, and. they shall be
I entitled to all the gold found therein, but they shall be subject to the same rules and
j regulations with regard to cleaning up the flume, repairs, and other matters in which
[ both parties are interested, as may be adopted by such Bed-rock Flume Company; and
[ such claim-holders shall have the right at any time before the abandonment of their
| claim or claims to become members of the Bed-rock Flume Company, by uniting their
claims and flume with the ground and flume of the Company, and taking an interest
proportionate to that which they shall cede to the Company, or should they so desire,
they may abandon their claims and flume, and such abandonment shall enure to the use
and benefit of the Bed-rock Flume Company.
LXV. Every Bed-rock Flume Company shall, for each of the men constituting the
same, construct and lay at least Fifty Feet of flume during the first year, and One
Hundred Feet annually thereafter.
LXVI. Any Free Miner or Miners lawfully working any claims where a Bed-rock
Flume may be constructed, shall be entitled to tail their sluices, hydraulics, and ground
sluices into such Flume, but so as not to obstruct the free working of such flume by
rocks, stones, boulders, or otherwise,
LXVII. All Bed-rock Flume Companies shall register their grant when obtained,
and a registration fee of Twenty-five Dollars shall be charged therefor; and they shall
also pay an annual rent of Twelve Dollars and Fifty Cents for each quarter of a mile of
right of way legally held by such Company. No re-registration of a grant shall be
necessary. Gold Mining Law.
LXVIII, Bed-rock Flumes and any interest or interests therein, and all fixtures
are hereby declared to be personal property, and may be sold, mortgaged, transferred,
or otherwise dealt with as such.
LXIX. It shall be lawful for the Gold Commissioner to grant to any Free Miner,
Company of Free Miners, or Joint Stock Companies for any term not exceeding ten years,
exclusive, rights of way through and entry upon any mining ground in his district, for
the purpose of constructing a Drain or Drains for the drainage thereof.
LXX. Every application for such grant shall be in writing, and shall state the
names of the applicants, the nature and extent of the proposed Drain or Drains, the
amount of toil (if any) to be ehargod, and the privileges sought to be acquired.
LXXI. Upon such appliation a notice similar to that required upon application for
the right of way for Bed-rock Flumes shall be given.
LXXII. Every application for such grant shall be accompanied by a deposit of One
Hundred and Twenty-five Dollars, which shall be refunded in case the application shall
be refused by the Government, and if the application shall be entertained, then such
sum of One Hunbred and Twenty-five Dollars shall be retained and paid into the
Treasury of the Colony, to the use of Her Majesty, whether the application be afterwards
abandoned or not.
LXXIII. Such grants shall be made upon such conditions as the Gold Commissioner shall deem reasonable, and shall be embodied in writing.
LXXIV. The rights of way and entry above mentioned, the power to assess, levy,
'and collect tolls (not exceeding in amount thaftmentioned in the application) from all
Free Miners using such Drain or benefitted thereby, shall be given to the grantees.
The grantees shall also covenant therein as follows :
a. That they will construct. such Drain or Drains of sufficient size to meet all
requirements, within a time (if any) therein named.
b. And have and keep the same in thorough working order and repair, and free from
all obstructions, and in default thereof that the Gold Commissioner for the time being
may order all necessary alterations or repairs to be made by any Free Miners, other
than the grantees, at the cost and expense of the latter, such cost and expense to be
leviedby sale (subject however to the conditions of the grant) of all or any part of the
Drainage works, materials, and tolls.
c. That they will within a reasonable time construct proper Tap Drains from or into
any adjacent claims, upon being required so to do by the owners thereof, and in default
thereof suffer such parties to make them themselves, in which case such parties shall
only be chargeable with one-half the usual rates of Drainage toll, or such other proportion of toll as the Gold Commissioner shall in that behalf prescribe.
d. That they will not in the construction and maintenance of such Drains and Tap
Drains in any way injure or damage the property of adjacent claim holders, arad in the
event thereof that they will make good any damage so sustained.
LXXV. In the construction of Drains to be used as Tap Drains only, three days'
notice given as above shall only be necessary.
LXXVI. The Gold Commissioner alone, or if desired by either party, with the
assistance of a Jury of Five Free Miners, which he is hereby authorized to summon for
that purpose, may ascertain whether any and what compensation shall be paid for any
damage which may be caused by any such entry or construction as aforesaid.
LXXVII. Such grant shall be duly registered as hereinbefore provided, asad the sum
of Five Dollars shall be charged therefor, save when such grant gives the grantees the
power and right of collecting tolls, in which case the sum of Twenty-five Dollars shall
instead of Five Dollars be paid as a registration fee. No re-registration of any such grant
shall be necessary. An annual rent of Twenty-five Dollars for each quarter mile and
fraction thereof, shall be paid by Drain Companies collecting tolls to the Gold Commissioner ; such rent to commence from the date of their grant.
LXXVIII. All mining companies shall be governed by the provisions hereof, unless
they shall have other and written articles of co-partnership properly signed, attested and
LXXIX. No mining co-partnership shall continue for a longer time than one year,
unless otherwise specified in writing by the parties; but such co-partnership may be
renewed at the expiration of each year.
LXXX. The business of the co-partners herein referred to shall be mining, and such
other matters as pertain solely thereto.
LXXXI. A majority of the co-partners, or their legally authorized agents, may
decide the manner of working the claims of the co-partners, the number of men to be
employed, and the extent and manner of levying assessments to defray the expenses
incurred by the company. Such majority may also choose a foreman or local manager,
who shall represent the company, and sue and be sued in the name of the company for
o 36
Chid Mining Law.
assessments and otherwise ; and he shall have power with the consent of a majority of
the company, to bind them by his contracts ; and the partnership or company name must
be inserted in the record of the company's claims. Any co-partner, or his duly authorized
agent, shall be entitled to represent his interest in the co-partnership property to the
extent thereof by work and labour, and so long as such work and labour shall be done
and performed to the satisfaction of the foreman. In the event of such workman being
discharged by the foreman, the Gold Commissioner upon application to him may summon
the foreman before him, and upon hearing the facts, may make such order as he shall
deem just.
LXXXII. During the time of working, all assessments when levied shall bo payable
within five days thereafter.
LXXXIII. In default of payment within such time, the debtor after having received
any notice specifying the amount due by him, shall upon such amount being ascertained
by the Gold Commissioner to be correct, be personally liable to the company therefor,
and his interest in the company, if so ordered, shall be sold by the Sheriff in the usual
way, for the payment of the debt and costs, and should the amount realized be insufficient
to meet the same, the Gold Commissioner shall have the power to issue an order, directed
to the Sheriff, to sell such other personal property (if any) belonging to the debtor, as
may be sufficient therefor.
LXXXIV. Notices of sale of such debtor's mining or other property, or such part
thereof as shall suffice to pay the debt and costs, shall be conspicuously posted up ten
clear days prior to the day of sale, in the vicinity of such mining or other property, and
at the Court House nearest thereto. Such sale shall be by public auction, and the bidder
offering to pay the amount due for the smallest portion of the mining or other property,
shall be entitled to such portion. The purchaser on payment of the purchase money,
shall acquire therein all the right and title of the debtor, and shall be entitled to the
immediate possession thereof. A bill of sale of the mining property so sold, signed by
the Gold Commissioner and duly recorded, shall confer a good legal title thereto upon
the purchase.
LXXXV. After a notice of abandonment in writing shall have been served on the
foreman of the company, by any member thereof, such, abandonment shall be considered
absolute, and operate as a discharge against all debts contracted by tho company after
such notice has been given, and no such member shall be deemed to have abandoned
such interest without having served such notice as aforesaid.
LXXXVI. Any mining company composed of two or more Free Miners, may limit
the liabilities of its members, upon complying with the requirements following, that is
to say :
Upon filing with the Gold Commissioner of the District a declaratory statement containing the name of the company, the area of the ground claimed, the location of the
claim, and the particular interest of each member of the company; and also placing upon
a conspicuous part of the claim, in large letters, the name of the company, followed by
the word " Registered." After such conditions have been complied with, no member of
such company shall be liable for any indebtedness aoeruing thereafter, exceeding an
amount proportioned to his interest in the company.
LXXXVII. No person shall locate, purchase, hold, or enjoy less than one-fourth of
one full interest of One Hundred Feet in any company so constituted. This Section shall
not apply to Gold Quartz Mining Claims.
LXXXVIII. All mining companies so constituted shall keep a correct account of its
assets and liabilities, together with tho names of the shareholders, and the interest held
by each, and shall make out a monthly balance sheet showing the names of the creditors
and the amounts due to each, and file the same among the papers of the company, and
such balance sheet and all books of the company shall be open to the inspection of
creditors of the company at all reasonable hours.
LXXXIX. No member of such company shall, after a bill of sale conveying his
interest or some portion thereof has been duly recorded, or after notices of abandonment
in writing of his interest shall have been left with the foreman of the company and the
Gold Commissioner, be liable for any indebtedness of the company acoruing thereafter.
XC. No such company shall declare any dividend until all liabilities due shall have
been paid.
XCI. No such company shall be liable for any indebtedness contracted by any
member thereof, other than its foreman or agent duly authorized.
XCII. If any such company fail to comply with any of the foregoing provisions,
such company shall be liable to a fine of not less than Twenty-five Dollars, nor more than
One Hundred and Twenty-five Dollars.
XCIII. The Gold Commissioner in each Mining District shall keep a book exclusively
for the purpose, in which he shall record all declaratory statements filed in his office,
and another book in which he shall reoord all notices of abandonment. —■——
GWc? Mining Law.
XCIV. There shall be paid to the Gold Commissioner, for the use of Her Majesty,
upon the filing of each declaratory statement the sum of Two Dollars and Fifty Cents j
and upon the filing of each notice of abandonment the sum of One Dollar and no more.
XCV. All other matters not herein provided for shall, as far as is practicable, be
governed by the provisions of the "Mining Joint Stock Companies Act, 1864," butnothing
in the nine preceding Sections contained shall be construed so as to repeal or vary any
of the prior or subsequent Sections of this Ordinance.
XCVI. In the case of any Mining Joint Stock Company duly registered in this
Colony, under the provisions of the " Mining Joint Stock Companies Act, 1864," and not
under this Ordinance, every shareholder of such company, though not a Free Miner,.
shall be entitled to buy, sell, hold, or dispose of any mining shares therein, anything to
the contrary notwithstanding herein contained.
XCVII. In case of the death of any Free Miner, while registered as the holder of
any mining property, his claim shall not be open to the occupation of any other person
for non-working or non-representation, either after his decease or during the illness
which shall have terminated in his decease.
XCVIII. The Gold Commissioner shall in all such cases take possession of the mining
property of thedeceased, and may cause such mining property to be duly represented
or dispense with the same at his option, and he shall sell and dispose of the same by
private.sale, or upon giving ten days' notice thereof by public auction, upon such terms
as he shall deem just, and out of the proceeds pay all costs and charges incurred therein.
XCIX. The Gold Commissioner shall take into his custody and safe keeping, or order
some person so to do, all the property of deceased miners, until proper letters of administration be obtained. v
C. All grants under this Ordinance for any mining ground, ditch privileges, or
otherwise, shall be in writing, in the form of a lease to be signed by the Gold Commissioner, and by the grantees or lessees'.
CI. Save where the contrary is expressed in this Ordinance, the following clauses
shall apply:
Applications for leases, accompanied by a plan of the proposed undertaking, are to
be sent in duplicate to the Gold Commissioner of the district wherein the ground desired
to be taken is situated, who shall immediately forward it, with his report, to the
Governor for his sanction, excepting in cases where the lease does not exceed 5 years,
but the ground shall be secured to the applicant until the Governor's decision has been
received. Prior to such application, the ground applied for shall be marked out by
posts of the legal size, and a written notice of application, signed by the applicant, shall
be affixed to any post nearest to mining claims then being worked. A copy of such
notice shall also be put up at the Gold Commissioner's Office.
CH. Every application for a lease shall be accompanied by a deposit of One
Hundred and Twenty-five Dollars, which shall be refunded if the application be refused;
and if it be entertained such sum of One Hundred and Twenty-five Dollars shall be
retained and paid into the Treasury of the Colony, for the use of Her Majesty, whether
the application be afterwards abandoned or not.
CHI. Leases will not in general be granted for a longer term than ten years, or for
a quantity of ground greater than that herein prescribed, that is to say :
In Dry Diggings, ten acres.
In Bar Diggings, unworked, half a mile in length along the high water mark.
In Bar Diggings, worked and abandoned, one mile and a half in length along the
high water mark.
In Quartz Reefs, unworked, half a mile in length.
In Quartz Reefs, worked and abandoned, one mile and a half in lengtfe.
With liberty in the two last cases to follow the spurs, dips, and angles on and within
the surface for two hundred feet on each side of the main lead or seam.
CIV. Leases as above will not in general be granted 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. Nor will such a lease be granted in any case
where individual Free Miners are in previous actual occupation of any part of the
premises unless by their consent.
CV. Every such lease shall, without expressing the same, be understood to contain
a reservation of all rights of the Crown, and all reasonable provisions for securing to the
public, rights of way and water, save in so far as shall be necessary for the minerlike
working of the premises thereby demised. The premises demised shall be granted for
mining purposes only, and it shall not be competent to the lessee to assign or sub-let the
same or any part thereof, without the previous license in writing of the Gold Commissioner. Every such lease shall contain a covenant by the lessee to mine the said
premises in a minerlike way, and also, if it shall be thought fit, to perform the works j* i'i.
Gold Mining Law.
therein defined within a time therein limited. And it shall also contain a clause by
virtue whereof the said lease may be avoided, provided that the lessee shall refuse or
neglect to observe and perform all or any of the covenants therein contained.
CVI. It shall be lawful for tho Gold Commissioner, upon the application hereinafter
mentioned, to grant to any person for any term not exceeding five years, the right to
divert and use the water from any creek, stream, or lake, at any particular part thereof,
and the rights of way through and entry upon any mining ground in his district, for the
purpose of constructing ditches and flumes to convey such water.
CVII. Ten days' notice thereof shall be given, by affixing the same to some
conspicuous part of the ground, and a copy thereof upon the walls of tho Gold Commissioner's Office of the district, and it shall be competent to any Free-Miner to protest
before the Gold Commissioner within such ten days, but not afterwards, against such
application bein"g wholly or partially granted.
CVIII. Every application for a grant of water exceeding 300 inches shall be
accompanied by a deposit of One Hundred and Twenty-five Dollars, jyhich shall be
refunded in case the application shall be refused by the Government, and if the application be entertained, then such sum of One Hundred and Twenty-five Dollars shall be
retained and paid into the Colonial Treasury, for the use of Her Majesty, whether the
application be afterwards abandoned or not.
CIX. Every application for such rights shall be in writing, and shall state the
names of the applicants, the name of the stream or lake to be diverted, the point of
diversion or ditch head, the quantity of water to be taken, the locality for its distribution, and the price (if any) to be charged to Free Miners or others for the use of such
water, and the time necessary for the completion of the ditch.
CX. The Gold Commissioner, upon protest being entered or for reasonable cause,
shall have power to refuse or modify such application or grant.
CXI. Every grant of a ditch or water privilege in occupied creeks shall be subject
to the right of such registered Free Miners as shall at the time of such grant be working
on the stream above or below the ditch head, and of any other person or persons whatsoever who are then in any way lawfully using such water for any purpose whatsoever.
CXII. If after the grant aforesaid has been made any Free Miner locate and bond
fide work any mining claim below the ditch head on any stream so diverted, ho shall
upon paying to the owner of the ditch, and all other persons, compensation equal to the
amount of damage sustained, be entitled to such quantity of water to work his claim as
he may require. And in computing such damages, the expense of the construction of
the ditch, the loss or damage sustained by any claim or claims then using and depending
upon the water conveyed in the said ditch, and all other losses reasonably sustained
shall be considered.
CXIII. No person shall be entitled to any grant of the water of any stream mined
for the purpose of selling the water to present or future claimholders oh any part of such |
stream.    The Gold Commissioner may, however, in his discretion grant such privileges
as he may deem just, when such ditch is intended to work bench or hill claims fronting |
on any such stream; provided that the rights of Free Miners then using the water so
applied for be in all such cases protected.
CXIV. The Gold Commissioner shall have 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 paid by the parties to be benefitted by such alteration or
CXV. Every owner of a ditch or water privilege shall be bound to take all
reasonable means for utilizing the water granted and taken by him. And if any such
owner shall wilfully take and waste any unreasonable quantity of water, he shall be
charged with the full rent as if he had sold the same at a full price. And it shall be
lawful for the Gold Commissioner, if such offence be persisted in, to declare all rights to
the water forfeited.
CXVI. It shall be lawful for the owner of any ditch or water privilege to distribute
for use the water conveyed by him to such persons, and on such terms as he may deem
advisable, within the limits mentioned in their application. Provided, always, that the
owner of any ditch or water privilege shall be bound to supply water to all applicants
being Free Miners, in a fair proportion, and shall not demand more from one person than
another, except where the difficulty of supply is enhanced.
CXVII. Unless otherwise specially arranged, an annual rent of Five Dollars shall
be paid for every fifty inches of water used for mining purposes when not sold, and when
sold the rent to be paid for any water privilege shall be 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 so think fit of a Jury.
CXVIII. Any person desiring to bridge across any stream, or claim, or other place,
for any purpose, or to mine under or through any ditch or flume, or to carry water Gold Mining Law.
through or over any land already occupied by any other person, may in proper cases do
so with the sanction of the Gold Commissioner. In all such cases the right of the party
first in possession whether of the mine or of the water privilege is to prevail, so as to
entitle him to compensation and indemnity if the same be just.
CXIX. In measuring water in any ditch or sluice, the following rules shall be
observed :—The water taken into a ditch shall be measured at the ditch head with a
pressure of seven inches. No water shall be taken into a ditch except in a trough
placed horizontally at the place at which the water enters it. The aperture through
which the water passes shall not be more than ten inches high. The same mode of
measurement shall be applied to ascertain the quantity of water running out of any
ditch into any other ditch or flume.
CXX. Whenever it shall be intended, in forming or upholding any ditch, to enter
upon and occupy any part of a registered claim, or to dig or loosen any earth or rock,
within four feet of any ditch not belonging solely to the registered owner of such claim,
three days' notice in writing of such intention shall be given before entering or approaching within four feet of such other property.
CXXI. Any person heretofore or hereafter 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 rights whatsoever, for such
period as the said Commissioner shall direct.
CXXII. The Gold Commissioner shall order what (if any) compensation for every
such damage or interference shall be paid, and when, and to whom, and whether any
and what works damaged or affected by such interference as aforesaid, shall be replaced
by flumes or otherwise repaired, and in what manner, by the person or persons inflicting
any such damage.
CXXIII. Upon compliance with the requirements aforesaid, the Gold Commissioner
shall certify in writing under his hand that the person or persons named therein were
duly authorized to create the damage or interference aforesaid, and have duly fulfilled
the requirements herein mentioned, and have also duly satisfied and discharged all |
damages by him or them occasioned to any persons whatsoever, in respect of the damage
or interference referred to.
CXXIV. Every such certificate shall be recorded by the said Gold Commissioner, in
a book to be kept by him for that purpose at his office, and shall be at all times open to
inspection upon payment of a fee of One Dollar for every inspection.
CXXV. Every such certificate so recorded shall be sufficient evidence in any Court
of Judicature in the Colony of all matters and things therein contained or referred to,
and shall discharge the person or persons to or for whom the same is granted from all
liability with respect to the damage or interference therein mentioned.
CXXVI. The Gold Commissioner shall, upon the application of any party interested
therein, and after notice as hereinafter mentioned to all whom it may concern, inquire
into and decide all matters arising out of or connected with any such damage or interference as aforesaid, and such decision or judgment shall be final and without appeal;
in all cases where such decision or judgment shall be given in respect of any sum or
matters at issue, the amount or value whereof, which shall be stated in the decision,
shall not exceed Five Hundred Dollars.
CXXVII. In cases where such amount or value shall exceed Five Hundred Dollars
any party aggrieved by such decision may appeal against the same to the Supreme Court
of Civil Justice, upon giving written notice of such intention to the Gold Commissioner
within four days of such decision, and upon giving within such four days to the Gold
Commissioner whose decision is appealed against a good and sufficient bond or mortgage,
the amount of Which shall be fixed by the Commissioner, from the party or parties
appellant, for the prosecution of the appeal and for the payment of all such costs as
may be awarded by the said Supreme Court.
CXXVIII. The owners of any ditch, water privilege, or mining right, shall, 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 river applicable or sufficient for the
purpose exists in the immediate vicinity.
CXXIX. The owners for the time being, not being the Government, ofjany ditch or
water privilege, shall construct and secure the same in a proper and substantial manner,
and maintain the same in good repair, to the satisfaction of the Gold Commissioner, and
so that no damage shall occur during their ownership thereof to any road or work in its
Vicinity, from any part of tho works of such ditch, water privilege, or right, giving way
by reason of not being so as aforesaid constructed, secured, or maintained.
CXXX. The owners, of any ditch, water privilege, or right, shall be liable and shall
make good, in such manner as the Gold. Commissioner shall determine, all damages which
may be occasioned by or througb any parts of the works of such ditch, water privilege,
or right giving way as aforesaid, and the same may be recovered before a Magistrate in
a summary manner. 40
Gold Mining Law.
CXXXI. The publication of any written notice to the party intended to be affected
thereby, in two consecutive numbers of the Government Gazette, or any newspaper circulating in the Colony, or by affixing the same for ten days on some conspicuous part of
any premises referred to in such notice, and also at the office of the Gold Commissioner,
shall be deemed good and sufficient notice for all purposes under this Ordinance.
CXXXII. Nothing herein contained shall be construed to limit the right of the
Chief Commissioner of Lands and Works to lay out from time to time the public roads
of the Colony across, through, along, or under any ditch, water privilege, or mining
.right, in any unsurveyed Crown Land without compensation, doing as little damage as
conveniently may be in laying out the same.
CXXXIII. Upon petition signed by not less than One hundred and one Free Miners
in any district, it shall be lawful for the Gold Commissioner acting for such district to
constitute therein a local board, to be called " The Mining Board."
CXXXIV. The Mining Board shall consist of nine members who shall retire annually,
and shall be elected by the votes of the inhabitants of the District who are Free Miners
at the time of the election.
CXXXV. No Free Miner or other person shall be eligible as a candidate, unless he
shall have been a registered owner of a mining interest in the District for at least three
months*previous to the.election.
CXXXVI. Each voter shall have nine votes, but shall not be allowed to give more
than one vote to each candidate.
CXXXVII. The votes of the electors shall be given in person by the voter, and the
Gold Commissioner of the District shall act as the Returning Officer, and shall decide all I
questions as to qualification and disqualification of the members elect.    The first election
shall take place on such day as the Gold Commissioner may appoint.
CXXXVIII. If any membej shall cease to be a registered Free Miner in the district,
or shall be convicted of any misdemeanor, or felony, or of any wilful and malicious contravention of this Ordinance, or of any By-Law in force in the district, he shall ipso facto
vacate his seat in each case and not be re-eligible, save that a member vacating his seat
only by reason of ceasing to be a registered Free Miner shall be again eligible at any
time upon his becoming a registered Free Miner.
CXXXIX. Whenever any member shall absent himself from three or more consecutive meetings of the Board whether regular or adjourned meetings, he shall, upon a
resolution passed by the Board to that effect, be considered to have vacated his seat
CXL. The Gold Commissioner shall fill by appointment all vacancies which may
arise in the said Board, when the same may occur, and such appointees shall hold office
until the next general election.
CXLI. The Mining Board shall, subject to the provisions hereof, have power by
resolution to make By-Laws, which shall be submitted for the approval of the Gold
Commissioner, (any By-Laws so approved by the Gold Commissioner shall be immediately
posted in the Gold Commissioner's Office), and also from time to time to suggest any
alteration or repeal of existing laws for regulating the size of claims and sluices, the
mode in which claims may be worked, held, and forfeited, and all other matters relating
to mining in the district, and any By-Laws so made shall be binding in such district
until the same shall have been disapproved by the Governor.
CXLII. Any resolution of such Mining Board may be passed by a bare majority of
the members of such Board. The Gold Commissioner shall within seven days after the
receipt of the copy of any such resolution signed by the Chairman of the Board, concerning any By-Law or general regulation which he shall on any grounds deem expedient
to lay before the Governor, make and send a fair copy thereof signed by such Gold Commissioner, with his opinion thereon.
CXLIII. The Mining Board shall meet at such times as a majority of the said Board
shall decide, and one-half of the members of the said Board shall constitute a quorum.
Provided, nevertheless, that it shall be lawful for the Gold Commissioner and so often as
in his opinion occasion shall require to call together such Mining Board.
CXLIV. The votes on all resolutions of the Mining Board shall bo given by the
members personally and by word of mouth.
CXLV. All questions of order and of the time and manner of conducting the business
at such Mining Board, and of the times and places of meeting after the first meeting
thereof, may be decided by the majority of the said Mining Board, either from time to
time as any question shall arise, or by any fixed rules and others as may be thought
CXLVI. It shall be lawful for the Governor, by an order under the Publio Seal of
the Colony, at any time to declare the Mining Board in any district dissolved, at a day
to be named in suoh order, and if no day be therein named in that behalf, then as from
the date of such order. Gold Mining Law.
CXLVII. Any person wilfully or unlawfully acting in contravention of this
Ordinance, or of any By-Law, Rule, or Regulation to be established by virtue of this
Ordinance, or refusing to obey any lawful order of the Gold Commissioner, shall, on
being summarily convicted before any Justice of the Peace or Gold Commissioner, be
liable to a fine not exceeding Two Hundred and Fifty Dollars, or to an imprisonment
not exceeding three months.
CXLVIII. All penalties imposed under this Ordinance may be recovered forthwith,
or at such reasonable interval after conviction and non-payment as shall be allowed, by
distress and sale of any mining or other personal property of the offender.
CXLIX. All fines and fees whatsoever payable under this Ordinance, except otherwise expressly appropriated, shall be paid into the Treasury of the Colony as portion of
the Revenue thereof, to the use of Her Majesty, Her Heirs and Successors.
CL. Any parson convicted and sentenced to any term of imprisonment beyond thirty
days, or to pay any fine beyond One Hundred Dollars over and above the costs of conviction, may appeal to the Supreme Court of Civil Justice, provided that such person do,
within forty-eight hours after such conviction, enter into recognizance with two sufficient
sureties, conditioned personally to appear to try such appeal, and to abide the further
judgment of tho Court, and to pay such costs as shall be by such last mentioned Court
awarded. And the convicting Gold Commissioner may bind over any witness or
informant under sufficient recognizances to attend and give evidence at the hearing of
such appeal.
CLI. On any such appeal no objection shall be allowed to the conviction on any
matter or form or insufficiency of statement, provided it shall appear to the said Supreme
Court that the defendant has been sufficiently informed of the charge made against him,
and that the conviction was proper on the merits of the case.
CLII. Any person who shall wilfully damage, destroy, or alter any Free Miner's
Certificate, or who shall falsely pretend that he is the person named therein, or who
shall wilfully destroy or falsify any'of the records and registers hereby directed to be
kept shall be guilty of felony, and being duly convicted thereof shall be liable, at the
discretion of the Supreme Court of Civil Justice, to penal servitude for not more than
ten years.
CLIII. Any person who shall steal, or sever with intent to steal, any gold or gold
dust from any claim or from any ground comprised in any lease granted under this
Ordinance shall be guilty of felony, and being convicted thereof shall be liable to be
punished in the same manner as in cases of larceny.
CLIV. Any person who shall, with intent to defraud his co-partner (or in cases of
agency his principal), in any claim secrete, keep back, or conceal any gold found in
such claim shall be guilty of felony, and upon conviction thereof shall be punished in
the same manner as if he had feloniously stolen the same.
CLV. Nothing herein contained shall, save where such intention is expressly stated,
be so construed as to affect prejudicially any mining rights and interests acquired prior
to the passing of this Ordinance; and all rights and privileges heretofore and hereunder
acquired shall, without the same being expressly stated, be deemed to be taken and
held, subject to the rights of Her Majesty, Her Heirs and Successors, and to the public
rights of way and water of this Colony.
CLVI. This Ordinance may be cited for all purposes as the " Gold Mining
Ordinance, 1867."
Passed the Legislative Council the l§ih day of March, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 2nd day of April, 1867.


Citation Scheme:


Citations by CSL (citeproc-js)

Usage Statistics



Customize your widget with the following options, then copy and paste the code below into the HTML of your page to embed this item in your website.
                            <div id="ubcOpenCollectionsWidgetDisplay">
                            <script id="ubcOpenCollectionsWidget"
                            async >
IIIF logo Our image viewer uses the IIIF 2.0 standard. To load this item in other compatible viewers, use this url:


Related Items