Martin's mining and water cases of British Columbia with statutes. Volume II., Part II
data provider: CONTENTdm
is referenced by: http://resolve.library.ubc.ca/cgi-bin/catsearch
is part of: British Columbia Historical Books Collection
is part of: Reports of mining cases
creator: Martin, Archer, 1865-1941
issued: 2017-08-10
issued: 1908
aggregated CHO: https://open.library.ubc.ca/collections/bcbooks/items/1.0354348/source.json
extent: 269-572, lviii pages ; 26 cm
format: application/pdf
note: PRICE SS7.5ff K^iJbc: MIIINilNllWflMK Wk&^Wrr' ^*^ • swxiflriRatt: 31.] MILLER v. CAMPBELL. 269 Miller v. CampbAkL N^v^o (Cout. Cas. 280.) Supreme Court of Yukon—Placer Mining Begulations of 1898 and 1901—Grant and Licence—Con- Canada.* fiicting Locations — Renewal Grant — Unoccupied Crown Lands — Staking, Adoption of Former—Status to Sue-'-Crown. Where in the Yukon a renewal grant is obtained from the Crown of a location which includes an area which was not properly within the original grant because it formed part of an existing valid location, but which had lapsed before application for renewal, the title to such renewal grant cannot be questioned by subsequent over-locators on the re-granted area, but only by the Crown. Seeing that the applicant for the renewal grant had been in continuous occupation of the whole ground as originally staked by him, including the lapsed portion, it was not necessary for him to have gone through the form of re-staking the identical ground and then making application de novo for a new grant: he was justified in the circumstances in adopting his original staking and making application for a renewal grant which was valid for the whole area embraced thereby. Judgment of the Territorial Court of the Yukon affirmed, following St. Laurent v. Mercier, ante p. 46. Appeal from the judgment of the Territorial Court of the statement. ^ Yukon Territory, affirming the decision of the Gold Commissioner. The Gold Commissioner decided against the claim of the plaintiff, Miller, to a bench claim staked by him on Dominion Creek, Yukon, in August, 1899, and held that the ground had been properly taken up by the respondent, Campbell, while vacant and abandoned, and that it was his claim under a valid renewal. The Full Court affirmed the Gold Commissioner's decision and plaintiff ap- I pealed on grounds that the judgment was against the law governing ! staking and the weight of evidence, that boundaries of claims cannot be extended by mere renewal, and …
note: Part 2 of volume 2. Other copies: http://www.worldcat.org/oclc/562652783
has type: Books
identifier: KEB349.A47 R47 1903 (LC)
is shown at: 10.14288/1.0354348
language: English
provider: Vancouver : University of British Columbia Library
publisher: Toronto : The Carswell Company Limited
rights: Images provided for research and reference use only. For permission to publish, copy, or otherwise distribute these images please contact digital.initiatives@ubc.ca.
source: Original Format: University of British Columbia. Library. Law Library. KEB349.A47 R47 1903 (LC)
subject: Mining claims--British Columbia
subject: Mining law--British Columbia--Cases
subject: Mining claims
type: Text