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Department of the Interior.
bar digging 'he river to the lalong high wate the valle
“ Locality” shall mean a stretch of river within ten miles from any point on the river. “ Mineral ” shall include all minerals whatsoever other than coal.
Nature and size of Claims. For 6 bar digging” a strip of land 100 feet along high water mark, and thence extending into the river to the lowest water level.
“ Bench claims” shall be 100 feet along high water mark and shall extend forward to low water mark and back to the bank of the valley. Provided, however, that if the distance from high water mark to the bank of the valley exceeds 1,000 feet the length of the claim shall be confined to that number of feet.
Entry may be obtained for a “bar digging” or a bench claim upon complying with the following regulations :
1. Any person who desires to work “bar diggings” may upon payment of a fee of $1.00 to the agent of Dominion lands, obtain a free miner's certificate upon form “A” in the schedule to these regulations. This certificate will entitle the holder thereof to stake out “ bar diggings” at any time in accordance with the provisions of these regulations, and work the same without further reference to the agent. It will be necessary, however, for the holder of the certificate to comply with the provisions of these regulations as to working the claim.
2. A “bench claim” shall be recorded with the agent of Dominion lands in whose district it is situated within three days after the location thereof, if it is located within 10 miles of the agent's office. One extra day shall be allowed for making such record for every additional ten miles or fraction thereof.
3. An entry fee of $5.00 shall be charged and the entry will be good for one year from the date thereof.
4. The sides of a claim for a “bar digging” shall be two parallel lines run as nearly as possible at right angles to the stream, and shall be marked by four legal posts one at each end of the claim at or about high water mark, also one at each end of the claim at or about the edge of the water. One of the posts at high water mark shall be legibly marked with the name of the miner and the date upon which the claim was staked.
5. The sides of a bench claim shall be parallel lines running as nearly as possible at right angles to the stream, and shall be marked by six legal posts, one at each side of the claim at or about low and high water marks, also une at each end of the claim upon the rear boundary thereof.
6. The boundaries of a claim beneath its surface shall be the vertical planes in which its surface boundaries lie.
7. Every claim shall be represented and bona fide worked by the holder thereof, or by some person on his behalf, continuously, as nearly as practicable, during working hours, and shall be deemed to be abandoned and absolutely forfeited when it shall remain unworked on working days by the holder thereof or some person on his behalf for a period of seventy-two hours, except during the close season, lay over or leave of absence, or during sickness, or for some other reasonable cause which shall be shown to the satisfaction of the agent of Dominion lands.
posts at highend of the claim and of the claim ats
8. If a claim is not being worked in a bona fide manner, the agent of Dominion lands shall upon obtaining evidence to that effect satisfactory to himself, cancel the entry given for the location.
9. Any party of miners not exceeding four whose claims are adjoining may for the better development of their claims and upon being authorized to do so by the agent, work any one of the claims, and the work performed thereon shall be accepted as being done on each claim.
10. When steam power is employed continuously for dredging for bar or bench claims, these claims may be 200 feet in width, but they shall be the
1!. Miners hlready prescribed be 200 feet inuously for drea
Porking or con with steam two or ved
11. Miners holding two or four adjoining claims may for the purpose of operating them by steam power combine and work one of the claims and the work thereon will be sufficient to hold the remainder subject to the bona fide working of the claim in the manner already provided by these regulations. Provided that an agreement between the parties concerned is filed with the agent of Dominion lands and his consent to the agreement is obtained. The agreement shall provide that the owner of each location or his representative shall be employed in the work performed upon the claims. Provided also that the agent of Dominion lands shall be furnished from time to time with such particulars as he may require in relation to the operation of the
claims. When clears from the operatiopant for
12. When claims are to be operated by steam power the agent may give a period of sixty days from the date of recording the claim, to place machinery on the ground and to commence operations.
13. The forms of application for a grant for placer mining, and the grant of the same, shall be those contained in forms H and I in the schedule hereto.
14. The entry of every holder of a grant for placer mining, except in the cases provided for in section one of these regulations, must be renewed and his receipt relinquished and replaced every year, the entry fee being paid each time.
15. No miner shall receive a grant of more than one mining claim in the same locality, but the same miner may hold any number of claims by purchase or assignment.
16. Any miner or miners may sell, mortgage, or dispose of his or their claims, provided such disposal be registered with, and a fee of $2 paid to the agent, who shall thereupon give the assignee a certificate in form J in the schedule hereto.
17. Every miner shall, during the continuance of his grant, have the exclusive right of entry upon his own claim, for the miner-like working thereof, and the construction of a residence thereon, and shall be entitled exclusively to all the proceeds realized therefrom; but he shall have no surface rights therein, unless acquired by purchase; and the superintendent of mines may grant to the holders of adjacent claims such right of entry thereon as may be absolutely necessary for the working of their claims, upon such terms as may to him seem reasonable.
18. Every 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 superintendent of mines, be Department of the Interior.
ner or occupant order to award an arbitrator
necessary for the due working thereof; and shall be entitled to drain his own claim free of charge.
19. If the land upon which a “bench claim” has been located is not the property of the Crown it will be necessary for the person who applies for entry to furnish proof that he has acquired from the owner of the land the surface rights before entry can be granted.
20. If the occupier of the lands has not received a patent therefor, the purchase money of the surface rights must be paid to the Crown, and a patent of the surface rights will issue to the party who acquired the mining rights. The money so collected will either be refunded to the occupier of the land, when he is entitled to a patent therefor, or will be credited to him on account of payment for land.
21. When the party obtaining the mining rights to lands cannot make an arrangement with the owner or his agent or the occupant thereof for the acquisition of the surface rights, it shall be lawful for him to give notice to the owner or his agent or the occupier to appoint an arbitrator to act with another arbitrator named by him, in order to award the amount of compensation to which the owner or occupant shall be entitled. The notice mentioned in this section shall be according to a form to be obtained upon application from the agent of Dominion lands for the district in which the lands in question lie, and shall, when practicable, be personally served on such owner, or his agent if known, or occupant; and after reasonable efforts have been made to effect personal service, without success, then such notice shall be served by leaving it at, or sending by registered letter to, the last place of abode of the owner, agent or occupant. Such notice shall be served, if the owner or agent resides in the district in which the land is situated, ten days, if out of the district and within the province, twenty days, and if out of the province, thirty days, before the expiration of the time limited in such notice. If the proprietor refuses or declines to appoint an arbitrator, or when, for any other reason, no arbitrator is appointed by the proprietor in the time limited therefor in the notice provided for by this section, the agent of Dominion lands for the district in which the lands in question lie, shall, on being satisfied by affidavit that such notice has come to the knowledge of such owner, agent or occupant, or that such owner, agent or occupant wilfully evades the service of such notice, or cannot be found, and that reasonable efforts have been made to effect such service, and that the notice was left at the last place of abode of such owner, agent or occupant, appoint an arbitrator on his behalf.
22. (a.) All the arbitrators appointed under the authority of these regulations shall be sworn before a justice of the peace to the impartial discharge of the duties assigned to them, and they shall forthwith proceed to estimate the reasonable damages which the owner or occupants of such lands, according to their several interests therein, shall sustain by reason of such prospecting and mining operations.
(6.) In estimating such damages, the arbitrators shall determine the value of the land irrespectively of any enhancement thereof from the existence of minerals therein.
(c.) In case such arbitrators cannot agree, they may select a third arbitrator, and when the two arbitrators cannot agree upon a third arbitrator the
Department of the Interior.
agent of Dominion lands for the district in which the lands in question lie shall select such third arbitrator.
(d.) The award of any two such arbitrators made in writing shall be final and shall be filed with the agent of Dominion lands for the district in which the lands lie.
23. If any cases arise for which no provision is made in these regulations the provisions of the regulations governing the disposal of mineral lands other than coal lands approved by His Excellency the Governor in Council on the 9th of November, 1889, shall apply.
Leases. 24. A lease for five years may be granted to dredge the bed of the river below low water mark for a distance not exceeding five miles upon such terms as His Excellency the Governor General in Council may designate. Provided that any person who may receive entry under these regulations shall be entitled to run tailings into the river at any point thereon also to mine two feet below the surface of the water at low water mark by putting in wing-dams whether he shall locate before or after the date of such lease.
FREE MINERS' CERTIFICATE.
This is to certify that
of has paid me this day the sum of one dollar, and is entitled to all rights and privileges of a free miner provided for in section 1 of the regulations governing placer mining along the North Saskatchewan River in the North-west Territories.
Agent of Dominion Lands.
SCHEDULE TO MINING REGULATIONS.
Form H.— Application for grant for placer mining and affidavit of applicant. I (or we),
hereby apply, under the Dominion mining regulations, for a grant of a claim for placer mining as defined in the said regulations, in (here describe locality) and I (or we) solemnly swear
1. That I (or we) have discovered therein a deposit of (here name the metal or mineral).
2. That the said claim was previously granted to (here name the last grantee), but has remained unworked by the said grantee for not less than
3. That I (or we) am (or are) unaware that the land is other than vacant Dominion land.
4. That I (or we) did, on the day of mark out on the ground, in accordance in every particular with the provisions of clause
of the said mining regulations, the claim for which I (or we) make this application, and that in so doing I (or we) did not encroach on any other claim or mining location previously laid out by any other person.
Department of the Interior.
5. That the said claim contains, as nearly as I (or we) could measure or estimate, an area of
square feet, and that the description (and sketch, if any) of this date hereto attached, signed by me (or us), sets (or set) forth in detail, to the best of my (or our) knowledge and ability, its position,
form and dimensi the best of my Cortached, signed by
6. That I (or we) make this application in good faith, to acquire the claim for the sole purpose of mining, to be prosecuted by myself (or us), or by my self and associates, or by my (or our) assigns.
Sworu before me at
Form 1.-Grant for placer mining.
Department of the Interior,
Dominion Lands Office,
Agency, In consideration of the payment of five dollars, being the fee required by the provisions of the Dominion mining regulations, clause three, by (A.B.) of
, accompanying his (or their) application No dated
18 , for a mining claim in (here insert description of locality.).
The Minister of the Interior hereby grants to the said (A.B.) for the term of one year from the date hereof, the exclusive right of entry upon the claim
(here describe in detail the claim granted) for the miner-like working thereof and the construction of a residence thereon and the exclusive right to all the proceeds realized therefrom The said (A.B.)
shall be entitled to the use of so much of the water naturally flowing through or past his (or their) claim, and not already lawfully appropriated, as shall be necessary for the due working thereof, and to drain his (or their) claim, free of charge. This grant does not convey to the said
any surface rights in the said claim, or any right of ownership in the soil covered by the said claim; and the said grant shall lapse and be forfeited unless the claim is continuously and in good faith worked by the said (A.B.) or his or their associates.
The rights hereby granted are those laid down in the aforesaid mining regulations, and no more, and are subject to all the provisions of the said regulations, whether the same are expressed herein or not.
Agent of Dominion Lands. Note.—The wording of this form may be changed when the surface rights have been acquired by the applicant.