Regulations governing placer mining in the Yukon Territory

1901 · Historical

The Governor General in Council, for the purpose of establishing Regulations governing Placer Mining in theYukon Territory

This 1901 document, Regulations governing placer mining in the Yukon Territory, is preserved in the Mountain Man Mining Library for research and reference. Original source: archive.org.

Regulations

@e;OVERNING PLACER

Mining.

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At The Government House At Ottawa,

The 138th day of March, 1901.

Present :

His Excellency The Governor General In Council.

The Governor General in Council in virtue of the provisions of Clause 47 cf "The Dominicn Lands Act," as enacted by Section 5 of Chapter 75 of the Act 55-56 Victoria, and of Section 8 of "The Yukon Territory Act" as that Section was enacted by Section 2 of Chapter 11 of 62-63 Victoria, is pleased to order that the following Regulaions governing Placer (Mining in the Yukon Territory shall be and tie same are hereby substituted for the regulations governing Placer Mining in the Yukon Territory established by the Governor General in Council on the 18th January, 1898, as amended by subsequent Orders in Council.

(Signed) JOHN J. McGEH. Clerk of the Privy Council.

At The Government House At Ottawa,

The 18th day of March, 1901. Present : HIS EXCELLENCY IN COUNCIL.

The Governor General in Council, for the purpose of establishing Regulations governing Placer Mining in theYukon Territory, in virtue of the provisions of Section 8 of "The Yukon Territory Act," as enacted by Section 2 of Chapter 11 of the Act 62-63 Victoria, enacts as follows :

"An Ordinance establishing Regulations governing Placer Mining in the Yukon Territory." y

Sy

(Signed) JOHN J. McGEE, yen Clerk of the Privy Council.

ra

Regulations

Governing Placer Mining in the Yukon Territory.

Interpretation.

"Free miner" shall mean a male or female over the age of eighteen, but not ander that age, or joint stock company, named in, and lawfully possessed of, a valid existing free miner's certificate, and no other.

"Legal post"? shall mean a stake standing not less than four feet above the ground and flatted on two sides for at least one foot from the top. Both sides so flatted shall measure at least four inches across the face. It shall also mean any 'stump or tree cut off and flatted or faced to the above height and size.

"Joint Stock Company" shall mean any company incorporated for mining purposes under a Canadian charter or licensed by the Government of Canada.

"(Mining Recorder" shall mean the official appointed by the Gold Commissioner to record applications and grant entries for claims in the Mining Divisions into which the Commissioner may divide the Yukon Territory.

Free Miners And Their Privileges.

1. Every person over, but not under eighteen years of age, and every joint stock company, shall be entitled to all the rights and privileges of a free miner, under these regulations and under the regulations governing quartz mining, and shall 'be considered a free miner upon taking out a free miner's certificate. A free miner's certificate issued to a joint stock company shall be issued in its corporate name. A free miner's certificate shall not be transferable.

2. A freé miner's certificate may be granted for one or more years, not exceeding five, to run from the date thereof or from the expiration of the applicant's then existing certificate, upon the payment in advance of the fees prescribed by the regulations for each year covered by the certificate. For a certificate issued in favour of an individual the fee shall be $10.00, and for a certificate issued in favour of a joint stock company the fee shall be $50.00 for a company having a nominal capital of $100,- 000 or less, and for a company having a nominal capital exceeding $100,000, the fee shall be $100.00. Only one person or joint stock company shall be named in a certificate

. '

Notwithstanding anything to the contrary in these Regulations, a free miner may renew his certificate within ninety (90) days from the date of its expiry and such renewal shall be in force for one year from the date the certificate expired, and the holder of such renewal shall be entitled to all the rights of a free miner holding a certificate unexpired. For the renewal of a free~miner's certificate issued after the date the certificate expired, an additional fee of $5.00 shall be charged.

8. A free miner's certificate shall be on the following form:— DOMINION OF CANADA. Free Miner'sCertificate.

Valid for one year only.

This cis to: certifydthatec. .ceeie. eee. OL js. dae tee estes has paid me this day the sum and is entitled to all the rights and privileges of a free miner, under any mining regulations of the Government of Canada, for one year from the ais

COMA Sine iycnodoo sourKdDS py dibreaas ;

' This certificate shall also grant to the holder thereof the privilege of fishing and shooting, subject to the provisions of any Act which has been passed, or which may hereafter be passed for the protection of game and fish; also the privilege of cutting timber for actual necessities, for building houses, boats, and for general mining operations; such timber, however, to be for the exclusive use of the miner himself, but such permission shall not extend to timber which may have been heretofore or which may hereafter be granted to other persons or corporations.

4. Free miner's certificates may be obtained by applicants at the Department of the Interior, Ottawa, or from the agents of Dominion Lands at Winnipeg; Manitoba; Calgary, Edmonton, Prince Albert, in the North West Territories; Kamloops and New Westminster, in the Province of British Columbia; at Dawson City, in the Yukon Territory; also from the agents of the Government at Vancouver and Victoria, B.C., and at other places which may from time to time be named by the Minister of the Interior.

5. If any person or joint stock company shall apply for a free miner's certificate at the agent's office during his absence, and shall leave the fee required by these regulations, with the officer or other person in charge of said office, he or it shall be entitled to have such certificate from the date of such application; and any free miner shall at any time be entitled to obtain a free miner's certificate, commencing to run from the expiration of. his then existing free miner's certificate, provided that when he applies for such certificate he shall produce to the agent, or in case of his absence shall leave with the officer or other person in charge of the agent's office, guch existing certificate. : ;

6. If any free miner's certificate be accidentally destroyed or lost, the owner thereof may, on payment of a fee of two dollars, have a true copy of it, signed by the agent, or other person by whom or out of whose office the original was issued. Every such copy shall be marked ''Substituted Certificate'; and unless some material irregularity be' shown in respect thereof, every original or substituted free miner's certificate shall be evidence of all matters therein contained.

7. No person or joint stock company will be recognized as having any right or interest in or to any placer claim, quartz claim, mining lease, bed-rock flume grant, — er any minerals in any ground comprised therein, or in or to any water right, mining ditch, drain, tunnel, or flume, unless he or it and every person in his or its employment, except house servants, shall have a free miner's certificate unexpired. And iter ninety days from the expiration of a free miner's certificate the owner tkereof shall absolutely forfeit all his rights and interest in or to any placer claim, mining lease, bed-rock flume grant, and any minerals in any ground comprised therein, and ' in or to any and every water right. mining ditch, drain, tunnel, or flume, which may be held or claimed by such owner of such expired free miner's certificate, unless such owner shall, on or before ninety days following the expiration of such cer- © tificate, obtain a new free miner's certificate. Provided, nevertheless, that should ' 'any co-owner fail to keep up his free miner's certificate, such failure shall not cause a iorfeiture or act as an abandonment of the claim, but the interest of the co-cwhe? who shall fail to keep up his free miner's certificate shall, ipso facto, be and become vested in his co-owners, pro rata according to their former interests; provided, nevertheless, that a shareholder in a joint stock company need not be a free miner, and, though not a free miner, shall be entitled to buy, sell, hold, or dispose of any shares therein. Provided, always, that if any person or company shall acquire, by purchase or otherwise, any mine or Mineral claim, or interest therein, and it shall appear that some person or company through whom he or it claims title has neglected to take out or keep up a freé miner's certificate, according to the provisions of these Regulations, such person or company so acquiring such mine or mineral claim, or interest therein, may, within one month from the time when he or it shall first acquire knowledge thereof,' pay to the Mining Recorder of the district in which the claim affected is situate, the fee or fees which ought to have been paid by such person or company in default as aforesaid, and thereupon the title of such person or company so acquiring the said mine or mineral claim, or interest therein, shall be deemed to be and always to have been as good and effectual as if no such default had occurred.

8. Every free miner shall, during the continuance of his certificate, but not Icnger, have the right to enter, locate, prospect, and mine for gold and other minerals upon any lands in the Yukon Territory, whether vested in the Crown or otherwise, except upon Government reservations for town sites, land which is occupied by any building, and any land falling within the curtilage of any dwelling house, and any land lawfully occupied for placer mining purposes, and also Indian reservations.

9. Previous to any entry being made upon lands lawfully occupied, such free miner shall give adequate security, to the satisfaction of the Mining Recorder, for

any loss or damage which may be cauSed by such entry; and after such entry he shall make full compensation to the occupant or owner of such lands for any loss or damage which may be caused by reason of such entry; such compensation, in case of dispute, to be determined by a court haying jurisdiction in mining disputes.

Nature And Size Of Claims.

10. A creek or gulch claim shall not exceed 250 feet in length, measured along the base line of the creek or gulch, established or to be established, by a Government survey. The rear boundaries of the claim shall be parallel to the base iine, and shali be defined by measuring 1,000 feet on each side of such base line. In the event of the base line not being established, the free miner may stake out the claim along the general direction of the creek or gulch, but it will be necessary for him to conform te: the boundaries which the base line, when established, shall define.

11. river claim shall be situated only on one side of the river and shall not exceed 250 feet in length, measured in the general direction of the river. The rear boundary of the claim which runs in the general direction of the river shall be defined by measuring 1,000 feet from low water mark of the river.

12. The length of a hill claim shall not exceed 250 feet, drawn parallel to the base line of the stream or gulch on which it fronts, established or to be established. by the Government. In the event of the base line not being established, a free miner may stake out the claim as near as possible parallel to the general direction of the creek or gulch on which it fronts, but it will be necessary for him to conform to the boundaries which the base line, when established, shall define.

Sront Parallel lines drawn from each end of the base line at right angles thereto shall constitute

the end boundaries of the claim. The rear" boundary shall be defined by measuring 1,000 feet from its front boundary.

All claims for which entries have been granted in the past, may be defined in the manner above specified, by order of the Gold Commissioner, on the application of the registered owner thereof, where suck: proceeding will not interfere with any mining claim or property owned or held by any other person.

13. All other placer claims shall be 250 feet square.

14, Every placer claim shall be as nearly as possible rectangular in form, ang marked by two legal posts firmly fixed in the ground on the base line at each end of the claim. The line between the two posits shall be well cut out so that one post may, if the nature of the sumface will permit, be seen from the other. The flatted side of each post shall face the claim, and on each post shall be written on the side facing the claim, a legible notice stating thename or number of the claim, or both, if possible, its length in feet, the date when staked, and the full christian and surname of the locator. 'The posts jshall also be numbered 1 and 2 respectively. It shall not be lawful to move post No. 1, but No, 2 may be moved 'by a Dominion Land Surveyor if

the distance between the posts exceeds the length prescribed by these Me SUP but not otherwise.

15. Provided that failure on the part of the locaior of a mineral claim to comply with any of the foregoing provisions shall not be deemed to invalidate such location, if, upon the facts, it shall appear to the satisfaction of the Mining Recorder that there has been on the part of the locator a bona fide attempt to comply with the provisions of these Regulations, and that the non-observance of the formalities hereinbefore referred to is not of a character calculated to mislead other persons desiring to locate claims. in the vicinity.

16. The penalty for trespassing upon q claim reserved for the Crown, shall be immediate cancellation by the Mining Recorder of any entry or entries which the person trespassing may have obtained, whether by original entry or purchase, for @ mining claim, and the refusal by the Mining Recorder of the acceptance of any application which the person trespassing May at any time make for a claim. In addition to such penalty, the Mounted Police, upon a requisition from the Mining Recorder to thit effect, shall take the necessary steps to eject the trespasser.

17. In defining the size of claims, they shall be measured horizontally irrespective of inequalities on the surface of the ground.

18. If any free miner or party of free miners discover a new mine, and such discovery shall be established to the satisfaction of the Mining Recorder, creek, river, 6r hill, claims of the following size shall be allowed, namely:—

To one discoverer, one claim, 1,000 feet in length.

To a party of two discoverers, two claims, amounting together to 1,500 feet in length. '

No royalty shall be imposed on the output of such claims.

To each additional member of a party beyond two in number, a claim of the ordinary size only.

19. A new stratum of auriferous earth or gravel situated in a locality where the claims have been abandoned shall for this purpose be deemed a new mine, although the same locality shall have been previously worked at a different level.

20. The forms of application for a grant for placer mining, and the grant of the géame, shall be those contained in Forms "H" and "I" in the schedule hereto,

21. A claim shall be recorded with the Mining Recorder in whose district it is situatel, within ten days after the location thereof, if it is located within ten miles of the Mining Recorder's office. One extra day shall be allowed for every additional ten miles or fraction thereof.

22. A claim located on Sunday or any public holiday shall not for that reason be invalid.

23. In the event of the claim being more than 100 miles from a Recorder's office, and situated where other claims are being located, the free miners, mot less than five in number, are authorized to meet and appoint one of their number a "Free Miners' Recorder," who shall act in that capacity until a Mining Recorder is appointed by the Gold Commissioner. :

24. The "Free Miners' Recorder' shall at the earliest possible date after his appointment, notify the nearest Government Mining Recorder thereof, and upon the arrival of the Government Mining Recorder, he shall deliver to him his records and the fees received for recording the claims. 'The Government Mining Recorder shall then grant to each free miner whOse name appears in the records, an entry for his claim on- Form' "I" of these regulations, provided an application has been made by him in accordance with Form "H" thereof. The entry to date from the time the-'" Free Miners' Recorder" recorded the application.

25..-If the -'Free Miners' Recorder" fails within three months to notify the nearest Government Mining Recorder of his appointment, the claims which he may have recorded will be cancelled.

26. During the absence of the Mining Recorder from his office, the entry for a claim may be granted by any person Whom he may appoint to perform his duties in his absence.

27. (ntry shall not be granted for 4 claim which has not been staked by the applicant in person-in the manner specified in these regulations. An affidavit that the claim was staked out by the applicant shall be embodied in form "H" in the schedule hereto.

28. In case of any dispute as to the location of a claim the title to the claim shall be recognized according to the priority of such location, subject to any question as to the validity of the record itself, and subject, further, to the free miner having complied with all the terms and Conditions of these Regulations.

29. An entry fee of fifteen dollars shall be charged the first year, and an annual fee of fifteen dollars for each of the following years. Application for renewal of entry for a claim shall be accompanied by an affidavit from the owner thereof verified by the Mining Recorder, that, the royalty prescribed by the Regulations to be paid upon the gross output of the claim, stating the sum, has been paid, and no renewal of entry shall be granted until this provision has been complied with and the full amount of royalty paid.

30. A statement of the entries granted and fees collected shall be rendered by

the Mining Recorder to the Gold Ccmmissioner at least every month, which shall be

accompanied by the amount collected, or, if deposited to the credit of the Receiver- General, by the deposit receipts. '

31. A royalty of five per cent. on the gold mined shall be levied and collected on

the gross output of each claim, 'The royalty may be paid at banking offices

established, or to be established, under the auspices of the Government of Canada, or to the Gold Commissioner, or to any Mining Recorder authorized by him. The sum of $5,000 shall be deducted from the gross annual output of a claim when estimating the amount upon which royalty is to be calculated, but this exemption shall not be allowed unless the royalty is paid at a banking office or to the Gold Commissioner or Mining Recorder. When the royalty is paid monthly or at longer periods, the deduction shall be made ratable on the basis of $5,000.00 per annum for the claim. It shall be necessary for anyone taking or exporting gold out of the Territory to produce to the officers of the Government at the boundary of the Territory, a certificate from the Gold Commissioner that the royalty thereon has been paid, otherwise such gold shall be confiscated for the use of the Crown, and taken immediate possession of by the Officer who discovers the same. Police Officers at the boundary line of the 'Territory shall, in respect of the searches and examinations to enforce the provisions of this Section, have all the powers, rights, privileges 'and, protection of an Officer under '"The Customs Act,' Chapter 32, R.S.C., and its amending Aicts, within the meaning thereof, as if such Officers were acting under ithe direct authority of a Collector of Customs, Justice of the Peace, or other authority, under the provisions of the said Act and its amending Acts. Ss

Any further regulations considered necessary by the Gold Commissioner may be made 'by him with the approval of the Commissioner of the Territory. The royalty to form part of the consolidated revenue and to 'be accounted for by the officers who collect the same in due course.

32. Default in payment of such royalty, if continued for ten days after notice has been posted on the claim im respect of which it is demanded, or in the vicinity of such claim, by the Gold Commissioner or his agent, shall be followed by cancellation of the claim. Any attempt to defraud the Crown by withholding any part of the revenue thus provided for, by making false statements of the amount taken out, shall be punished by cancellation of the claim in' respect of which fraud or false statements have been committed or trade. In respect to the facts as to such fraud or false statements or non-payment of royalty, the decision of the Gold Commissioner shall be final.

33. After the recording of a claim the removal of any post by the holder thereof or by any person acting in his behalf for the purpose of changing the boundaries of his claim, shall act as a forfeiture of the claim.

Any person disturbing, with intent to remove, any legal post, stake, picket or other mark placed under the provisions of these Regulations or defacing or altering in any manner the notices on any of the legal posts placed thereon under these Regulations, shall forfeit and pay a sum not exceeding $100 and costs; and, in default of payment of the fine and costs, may be imprisoned for any period not exceeding six months.

34, Any free miner having duly located a claim, may obtain an entry therefor for one or for five years, by paying to the Mining Recorder, in advance, a fee of $15.00

for one year, or $75.00 for five years, but it shall be necessary for such Free Miner to comply with the provisions of Section 41 of these Regulations,

35. The holder of a creek, gulch or river claim may, within sixty days after staking out the claim, obtain an entry for a hill claim adjoining it, by paying te the Mining Recorder the sum of $100.00. This permission shall also be given to the holder of a creek, gulch or river claim, obtained, under former regulations, provided that the hill claim is available at the time an application is made therefor.

36. No Free Miner shall receive a grant of more than one mining claim on each separate river, creek or gulch, except a hill claim, by purchase, as provided by Section 35 of these Regulations, or unless he has abandoned the claim for which he has received entry, and such abandonment has been duly recorded. A Free Miner, however, may hold any number of claims by purchase.

37. A Free Miner may at any time abandon a placer mining claim for which he has received entry, by giving notice of his intention to do so to the Mining Recorder and paying a fee of $2.00, provided he can show by his own evidence, corroborated by the Mining Inspector, that sufficient work has been done on the claim to prove that the ground which he wishes to abandon cannot be profitably worked by the ordinary placer mining methods, and upon this condition being complied with, he may obtain entry for another claim on the same river, creek or gulch, in lieu of the one abandoned. '

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38. Any free miner or miners may éeil, mortgage, or dispose of his or their claims, provided such dispo:al be registered with, and a fee of two dollars paid te the Mining Recorder, who shall thereupon give the assignee a certificate in the force "J" in the schedule thereto. :

39. Every free 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 eonstruction, of a residence thereon,..and..shall-be entitled exc!usively to all the proceeds realized therefrom, upon which, however, the royalty prescribed by these regulations shall be payable; provided that the Mining Recorder may grant to the holders of other 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, He may also grant permits to miners to cut timber thereon for their own use.

40. Every free iner shall be entitled to the use of so much of the water naturally flowing through or past his claim, and mot already lawfully appropriated, as shall, in the opinion of the Mining Recorder, be necessary for the due working thereof, and shall be entitled to drain his own claim free of charge. Every holder of a water record shall take all reasonable means for utilizing the water granted to him, and if 'he wilfully wastes any water or takes a quantity of water in excess of his actual requirements, the Mining Recorder may, upon notice, cancel or reduce the record or impose such conditions aS he may think proper.

41 (a). Any free miner having duly located and recorded a claim, shall be entitled to hold it for the period for which he received entry and thence from year to. year by re-recording the same; provided, however, that during each year and each succeeding year, such free miner shall do, cr cause to be done, work on the claim itself to the value of two hundred dollars, and shall satisfy the Mining Recorder that such work has. been done by an -affidavit of.the-free miner, corroborated by two: reliable and disinterested witnesses, setting out a detailed statement of the work done, . andshall.obtain from the Mining Recorder a certificate of such work having been done, for which a fee of two dollars will be charged. De) however, royalty has been paid on gold mined from a claim during the year, the affidavit of the free miner as to the value of the work done will be sufficient. Provided, if it is subsequently proved that the miner has made a false affidavit as to the work done on the claim, his title thereto shall be forfeited. r

(b). Provided that all work done outside of a mining claim with intent to work the same shall, if such work has direct relation, and be in direct proximity to the claim; be deemed, if to the satisfaction of a responsible Government officer, to be "work done on the claim for the vurpose of this section.

(c). A Free Miner may, if he so desires it, in lieu of an affidavit corroborated in the manner specified in the first clause of this section, have an inspection made by a Mining Inspector, who will submit his report to the Mining Recorder as to the amount of work done on the claim during the year, for which a charge will be made according to..the-time occupied in making the inspection, but in no case to exceed $20.00. The application for said inspection shall be made by the Miner to the Mining Inspector at least three months prior to the date the entry for a claim expires, and a copy of the application shall be forwarded by the Mining ee esd to the Gold Commissioner upon its receipt.

(d). Provided, further, that any Free Miner or Company of Free Miners holding adjoining claims not exceeding ten in number may, notwithstanding anything in the Regulations to the contrary, work the same in partnership under the provisions of the Regulations upon filing a notice of their intention with the Mining Recorder, and upon obtaining a -certificate from him, for which a fee of two dollars will be charged. This certificate will entitle the holders +hereof to perform on any one or more of such claims all.the work required to entitle him or them to a certificate of work for each claim so held by him or them. a

,

(e). The holder of a claim may, at his option, in lieu of the work required to be done thereon each year, pay to the Mining Recorder in whose office the claim is recorded the sum of two 'hundred dollars for each of the first three years, but for the fourth and succeeding years the sum of four hundred dollars must be paid in lieu of work done on the location or in connection therewith, as provided by the Regulations. certificate from the Mining Recorder that such payment has been made shall relieve the person making it from the nece:s'ty of doing any work during the year.

If at the end of the year the annual amount of work has not been performed, nor the commutation fee paid, as above stated, the claim shall be deemed to be abandoned, and open to occupation and enitry by a Free Miner.

(f). Any amounts received in lieu of assessment work shall form part of the Consolidated Revenue.

(gz). If a claim is owned by more than one Free Miner, and a co-owner, or coowners, who apply for a renewal of entry thereof, allege that the remainder of the co-owners have not performed their proportion of the assessment work, or have refused to pay their proportion: of the sum Prescribed by these Regulations to be paid in lieu of such work, he or they may lodge a statement to that effect with the Mining Recorder, which will prevent any disposition of the claim for a period of fifteen days from the date thereof, within which period he or they may apply to the Gold Commissioner for an order to file a lien against the claim for the amount due to them. 'The Gold Commissioner, if he is satisfied from the evidence produced that the representations made to him are in accordance with the facts, may issue such order, and the lien shall thereupon be filed by the 'Mining Recorder against the delinquent co-owners' interest, and thereafter no transfer of the delinquent co owners' interest shall be accepted until the amount of the lien against such interest has been paid to the persons entitled thereto, unless the delinquent co-owner can prove to the satisfaction of the Gold Commissioner that he had complied with the regulations as te performing his proportion of the assessment work, or paid his proportion of the commutation fee. pase

42. No officer or person employed by the Government of Canada in any capacity whatever in the Yukon Territory, and mo officer or member of the Militia or of any.

military force stationed in the Yukon Territory, and no officer or member of the North-west Mounted Police stationed in the said Territory, shall stake or record in his own name, or in the name of any other person or corporation for his benefit, any mining claim in the said Territory, nor shall any such person acquire or become the purchaser from the Crown of any Dominion lands in the said Yukon Territory, sor shall any such person acquire by purchase cr otherwise any mining claim of any kind or description whatsoever in the said Yukon Territory.

No person to whom the prohibition in the next preceding clause applies shall act as the agent of any person or corporation in or with respect to the staking, recording, purchase or acquisition of any mining claim or property or any Dominion lands in the said Territory.

Any person guilty of violating any of the provisions of this Order in Council Shall be Hable to dismissal from the public service or from the military or police force as the case may be.

43. The unrecorded mining claims on Dominion Creek, in the Yukon Territory, are reserved to the Crown.

44. Regulations and amendments therete which may be passed from time to time, shall come into force upon a day five weeks from the date of the Order in Council authorizing the same; and it shall be the duty of the Gold Commissioner to post in @ conspicuous piace in his office, regulations or any amendments thereto within twenty-four hours after receiving the same.

45. The Minister of the Interior may dispose of any whole or fractional mining claims reserved to the Crown in the Yukon Territory, in such manner as he may decide.

46 (a). Surveys of claims maae under instructions issued by direction of the Commissioner of the Yukon Territory to a duly qualified Dominion Land Surveyor named by him, shall be accepted as defining absolutely the boundaries of the claims surveyed, provided the returns of the survey are approved by the Commissioner or an official appointed by him for that purpose, and [that notice of such survey has been published in the Yukon Official Gazette for twelve successive issues and remains unprotested during that period.

(b). The owner of the claim shall, prior to the first appearance of the advertisement

in the Yukzn Offic'al Gazette, cause to be posted in a conspicuous spot on the claim a notice of his intention to advertise the survey of the claim, and also a plan of the survey of the claim prepared by the Surveyor. : (c). If, within the time such notice is published, the survey is protested, the protest shall be heard and decided upon by the Gold Commissioner. The Gold Commissioner shall apportion the costs of such hearing against the parties to the suit as he thinks fair and just.

(d). If a decision is rendered varying the boundaries of the claim from those defined by the advertised survey, the owner of the claim may have the claim re-sur- 'veyed and fresh returns prepared embodying the changes involved by such decision, and such re-survey being approved by the Commissicney, or the offic'al appointed by' him for that purpose, may be accepted by the Gold Commissioner in lieu of the survey that has been protested, without further advertisement.

(e). The expense in connection with the survey and advertisement of claims shall be defrayed by the owner or owners of the claims, but no fees will be charged by the Government for filing plans or other documents in connection therewith.

(f). The Commissioner on behalf of the Government of Canada may authorize the survey of the base line of any river, creek or gulch, such survey to be made under the instructions of an official appointed by the Commissioner, and such survey shall be subject to the preceding clauses as to advertisement and protest, excepting clause (b) as far as they can be made to apply.

47. No free miner shall suffer from any acts of om'ssi-n, or commission, or delays on the part of any Government official, if such can be pr:ven.

48. The Mining: Inspector may mark out a space of ground for deposit of leavings and deads from. any tunnel, claim or mining ground, upon such terms as he may think just.

49. The Mining Inspector shall have the power to summarily order any mining works to be so carried on as not to interfere with or endanger the safety of the public or any employees of such mining. works, any public work or highway, or any mining property, mineral claims, mining claims, bed-rock drains, or 'bed-rock flumes; and any abandoned works may by his order be either filled up or guarded to his satisfaction.

50. No person mining upon any claim shall cause damage or injury to the holder of any claim other than his own by throwing earth, clay, stones, or other material upon such other claim, or by causing or allowing water which may (be pumped or baled, or may flow from 'his own claim, to flow into or upon such other claim under the penalty of not more than $200.00 and costs, and in default of the payment of the fine and costs he may be imprisoned for any period not more than one month. ©

51. Every free miner, on application to the Mining Recorder of the district, shall be entitled to a printed copy of these Regulations free of charge.

52. Affidavits and declarations made under the provisions of these Regulations ean ibe made before any person duly authorized to administer an oath or declaration.

538. The Goid Commissioner, or any one deputed by him, or by the Mining Reorder, shall have the right to enter into or upon and examine jany mineral claim 'or mine within the meaning of these Regulations.

54. Where a claim has fbeen recorded under any name or number, and the owner or his agent is desirous of changing the same, the Mining Recorder may, upon application being made by such owner or agent, and upon payment of a fee of five dol-. lars, amend the record accordingly. Provided, however; that such change of name or number shall not in any way affect or prejudice any proceedings or execution against the owners of the said claim.

55. Whenever, through the acts or defaults of any person other than the recorded Owner of a mineral claim or his agent by him duly authorized, the evidence of the location or record on the ground, or the situation of a mineral claim, has been destroyed, lost or effaced, or is difficult of ascertainment, nevertheless effect shall be given to same as far as possible, and the Gold Commissioner shall have power to make all necessary inquiries, directions and references in the premises, for the purposes of carrying out the object hereof, and vesting title in the first bona fide — acquirer of the claim.

56. Nothing herein contained shall be-construed tc iimit the right of the Commissioner of the Yukon Territory to lay out, from time to time, public roads across, through, along, or under any ditch, water privilege or mining right, without compensation. :

57. Nothing herein contained shall affect any litigation pending at the time of the passage of these Regulations.

58. Should it be proven to the sati*faction' of the Mining Recorder that any free miner has been guilty of misrepresentation in the statement sworn to by him in recording any claim or in any of the statements required to be made by him under oath under these Regulations, or tO kave been found removing or disturbing with intent to remove, or defacing any legal post or stake or other mark placed under the provisions of these Regulations, the Mining Recorder may cancel the said free miner's certificate and may in his discretion order that such person be debarred from the right to obtain a free miner's certificate for any length of time he may deem advisable. The Mining Recorder shall forthwith, upon any such decision by him, notify every other 'Mining Recorder of such decision. Every free miner shall have the right to appeal from the deCision of the Mining Recorder to the Gold Commissioner.

Administration Of Estates Of Deceased Miners.

59 (a). In case of the death of any miner while entered as the holder of any mining claim, the provisions as to abandonment shall not apply either during his dast illness. or after his decease.

(b). The Commissioner of the Yukon Territory may either cause the mining property of any deceased person to be worked in the usual manner, or May cause the working of such property to 'be dispensed with for such periods as the necessity of the case may in his opinion demand; and he may also, if he sees fit, cause the Public Administrator of the Territory to take possession of such mining property until it is administered by him under the provisions of any Ordinance respecting the administration of the estates of deceased persons in the Yukon Territory, now'or hereafter to be made or passed, or until such mining property has been taken possession of by any person or persons entitled to take possession of it under letters of administration granted by the proper Court in that behalf.

% E a ° (c). All charges and expenses which may be incurred by the Commissioner or

the Public Administrator, or by any person acting under the instructions of either of them, in or about the working of the said mining property or in taking. or keeping possession thereof, shall be and remain a first charge against the same, until paid to the Commissioner or Public Administrator, as the case may be.

Drainage Of Mines.

60. The Mining Recorder may grant to any person or persons permission to Tun a drain or tunnel for drainage purposes through any occupied mining land, and may give such persons exclusive rights of way through and entry upon any mining ground for any term mot exceeding five years, for the purpose of constructing a drain or drains for the drainage thereof.

61. The grantee. shall compensate the owners of lands or holders of claims entered upon by him for any damage they may sustain by the construction of such

tunnel or drain, and such compensation, if not agreed upon, shall be settled by the Gold Commissioner and be paid before such drain or tunnel is constructed.

62. Such drain Or tunnel, when constructed, shall be deemed to be the property of the person or persons by whom it shall have been so constructed. t 4

68. Every application for a grant shall state the names of the applicants, the nature and exient of the proposed drain or drains, the amount of toll (if any) to be charged, and the privileges sought to be acquired, and shall, save where the drain is intended only for the drainage of the claim of the person constructing the same, be accompanied by a deposit of $25, which shall be refunded in case the application is refused, but not otherwise. Ten full days' notice thereof shall be given between the months of June and Noveniiter, and between the months of November and June one month's notice shall''be given, by affixing the same to a post planted in some conspicuous part of the ground, and a copy thererf conspicuously upon the inner walls of the Mining Recorder's Office for the district. Prior to such application, the ground included therein shall be marked out to the satisfaction of the Mining Recorder. It shall be competent for any person to protest before the Gold Commissioner within the times hereinbefore prescribed for the notice of such application, but not afterwards, against such application being granted.

64. The grant of the right of way to construct drains and tunnels shall be made in the form "lL" in the schedule hereto. The grant shall be registered by the grantee in the office of the Mining Recorder, to whom he shall at the time pay a registration fee of $5, or, if the grant gives power to collect tolls, a fee of $10. An annual rent of $10 shall be paid, in advance, by the said grantee for each quarter of a mile of right of way legally held by him, save where the drain shall be for the purpose of draining only the claim of the person constructing the same.

FORM H.—APPLICATION FOR GRANT FOR PLACER MINING AND AFFIDAVIT OF APPLICANT.

I AOrwe)rie elution elas Pets Baie) Bisctha noses OL MER. create Lassie See chats SARL AA hereby apply, under the Yukon Placer ieee Regulations, for a pee ue a claim for placer mining as defined in the said Regulations, in (here describe locality) and I (or we) solemnly swear:— ,

, i. That I (or we) am (or are) unaWare that the land is other than vacant Dominion Lands.

2. That I (or we) did on the , SaaseuncUay "Oloe vee rere gan Phys sBing mark out on the ground, in accordance in eVery particular with the provisions of the mining regulations for the Yukon Territory, the claim for which I (or we) make this application, and in so doing I (or we) did not encroach on any other claim or mining

location previously laid out by any other person.

3. That the length of the said claim, as nearly as I (or we) could measure, is 0 Are feet, and that the description 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.

4. That I (or we) staked the claim by planting two legal posts numbered 1 and

PeLCsVeGHVely. amd GHALWNOS 61 IS: . <0. ct ceeee ciccc cde. Macleenonce discovery.

5. 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 myself and associates,

Sworn before me Huet crande Ses cee Dare © ' i (Signature) (10s Seas day RRL at she ares ae Ieee

Form I.—Grant For Placer Mining.

INTE PERE Alapevare eters' Department of the Interior, we eeneye stele ts eset tec ice" ERS Ne UG 19..

In consideration 'of the payment of the fee of fifteen dollars prescribed by clause

29 of the mining regulations for the Yukon Territory, by te Asian) EAT cette Of :. +.--accompanying his (or their) application No datederreet c=. Beek Pe LOrneD UMMM S CCUVIIM yi Ts tererey ke ane, thes teeta ..(here insert description of locality.)

The Minister of the Interior 'thereby grants to the said.. +..: :3° ..eee- J reithick GL Loa for the term of one year from the date hereof, the exclusive right of

SHELYANOM. LDC] CLALIT 1075 6. cerslsicie se (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, upon which, however, the royalty

prescribed by the regulations shall be paid.

CME SEM Stal etets, ets. s.e> ae WIN BH) neue or. clr CQORIOR 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

This grant does not comvey to the said (A.B.) any right of ownership in the soil covered by the said claim, and the said grant shall lapse and be forfeited unless the provisions of section $ of these regulations are strictly complied with.

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.

Mining Recorder.

Form J.—Certificate Of The Assignment Of A Placer Mining Claim.

INO. yore etaeietetete acersse

Department of the Interior,

APONCY,. scicsiets, asso Melee ete oto Sere eee A eho, 19 vosee

This is to certify that eee CS MGM nos Msech ae Oso Soy eA has (or have) filed an assignment in due form dated.. ieelo , and accompanied by a registration fee of two dollars, of the grant to CAB.) ices oe SRE of isha tore Won ntegs fone se ibeterekes of the right to mine in (here insert description of claim) for one: year from The; occ ccs eomlem ie hernia ier eee 19

This certificate entitles the said (BiG) See eee eee to all the rights and privileges of the said (A3. : BA Gi eee ...in respect to the claim

assigned, that is to say, to the exclusive right of entry upon the said claim for the miner-like working thereof and the construction of a residence thereon, and the exclusive right to all the proceeds realized therefrom (upon which, however, the royalty prescribed by the regulations shall be paid), for the remaining portion of the year

for, which.the said 'claim was eranteds tote Gsaiidean cae oe eee Aes (ASB olehsislls ines iic)e ene . that-:is to say, until, the-7-ese Ca vamOL ees Bias aisotlad The said BaGetc (B2C)) Se ceept ...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 werking thereof and to drain his claim, free of charge.

This grant does not convey to the said EOF To CERO Hn gycucs Secale: of ownership in the soil covered by the said claim, and the said grant shall lapse and be forfeited unless the provisions of section 41 of these regulations are strictly complied with.

The rights hereby granted are those laid down in the Yukon Placer Mining Regulations, and no more, and are subject to all the provisions of the said regulations, whether the same are expressed herein or uot.

i i ce ec

Mining Recorder.

Form L.—Grant For Drainage.

In consideration of the payment of a deposit of twenty-five dollars, required by clause 63 of the Yukon Placer Mining Regulations, to be made with the application for a grant of right of 'way 'to construct drains, and of the further sum of dollars, being the fee for the registration of this grant required by clause 64 of the said Regulations.

The Minister of the Interior hereby grants to. 0.202% (name or names On SraATkee, OF STANteeS). coe, acca ee soe erga: the right to run a drain or tunnel for drainage purposes through the occupied miming lands herein specified Mier ee +...(here describe mining lands) and further, for a term of

pose of constructing a drain or drains for the drainage thereof; and the right to charge the following tolls for. the use thereof (insert tariff of tolls).

Provided, that the grantee (or grantees) shall construct such drain or drains of Sufielent size to meet all requirements Within..:... 0 secacace socece from the date hereof, and Keep the same in thorough working order and repair, and free from all obstructions; and shall, within a reasonable time, construct proper tap drains from or into any adjacent claims, upon being requested by the owners thereof, and in default thereof shall permit such parties themselves to make them, in which case such parties shall only be chargeable with one-half the rates of drainage-toll herein authorized:

Provided also, that the said grantee (or grantees) shall compensate the owners of lands or holders of claims entered upon by for any damage they may sustain by the construction of such tunnel or drain:

Provided further, that the said grantee (or grantees) shall pay to the Mining Recorder, in advance, an annual rent of ten dollars for each quarter of a mile of right o£ way legally held Dby

Provided further, that this grant is subject to all the provisions of the Yukon Placer Mining Regulations in that behalf, whether the same are expressed herein or not.

Mining Recorder.

Schedule Of Fees To Be Charged.

For a Free Miner's Certificate (for each year) we. BALAI SIS TD TAM $ 10 00 For a Free Minev's Certificate to a joint stock company having a nominal capital

of $100,000 or less (for each year) sis este steals See teat el gOOROD For a Free Miner's Certificate to a joint stock company having a nominal capital

exceeding $100,000 (for each year) aisle Dele Dots pe GRE a eee eee 100 00 . Every substituted certificate nyc) ams. obi. icc teenie ee een eeieitneie ameter ee ee 2 00 Recording every claim Sas igh) oe Sinn e wilole ohh store Rise tt egar seater Lon OUST eines 15 00 Recording every, certificate fof work... case mene bu fo. a ene te ee nee ee 2 00 Recording every abandonment, including the memorandum to be written on

the record... s.Sieai eke on boo modes sie eye foe eit eres a enc ae tec ean eal For a Certificate of Partwership. oer ose e ater eee ae ee Aa IEA os 2 00 Abstracts of Title... ... pene wauen Ate, pee CU meen Melee ith Gite. dee $2 00 and upwards Registration of Assignments Meet ok vss Beale sheet 46 Pa aM 7.05.7 S18, 0.. oo eocw Registration of other documientts:: o +6c8 one ee wee enials $2 00 and upwards

Fee for changing name, of number Of (Claim: . oe. ee cess ote niatcls noel tahoe - 5-00

Ref. 63,3882 on 49,983 T. & M.

a, AT THE GOVERNMENT HOUSE AT OTTAWA.

Wednesday, the 8rd day of August, 1898.

Present:

His Exicellency In Council.

His Excellency, by and with the advice of the Queen's Privy Council for Canada, is pleased to approve the annexed Regulations for the disposal of the right to divert and use the water from any stream or lake, and the right of way through and entry upon any mining ground for the purpose of constructing ditches and flumes to convey such water for mining purposes in the Yukon Territory, and the said Regulations

are hereby approved accordingly.

'His Excellency is further pleased to order that the said annexed Regulations 'shall and the same do hereby form part of the Regulations governing Placer Mining in the Provisional District of Yukon established by the Governor in Council on the 18th January, 1898, and of the Regulations for the disposal of Quartz Mining

claims in the said District as made by the Governor in Council on the 21st March, 1898,

(Signed) JOHN J. McGHE, Clerk of the Privy ' ouncil.

' To the Honourable

The Minister of the Interior.

N.B.—Published in Canada Gazette of 10th September, 1898. Vol. 32, No. 11, for

the fourth consecutive week.

De With P.G, No. 1836-1598 ; Ref. 63,332 on 49,933 T. & M.

REGULATIONS FOR THE DISPOSAL OF THE RIGHT TO DIVERT AND USE THE WATER FROM ANY STREAM OR LAKE AND THE RIGHT OF WAY THROUGH AND ENTRY UPON ANY MINING GROUND FOR 'HE PUR- POSE OF CONSTRUCTING DITCHES AND FLUMES TO CONVEY SUCH WATER FOR MINING PURPOSES IN THE PROVISIONAL DISTRICT OF YUKON.

1. A Mining Recorder may, upon application hereinafter. mentioned, grant to any person or persons, for any term no.lexceeding five years, or in special cases for such length of time as he may deiermine, the right to divert and use the water from any stream or lake, at any particular part thereof, and the right of way through and entry upon any mining ground, for the purpose of constructing ditches and flumes to convey such water; Provided always, that every such grant shall be deemed as appurtenant to the mining ciaim in respect of which it has been obtained, or is required in connection with reduction works, sampling works, stamp mills, concentrating works, or other works connected with mining operations; and whenever the claim shall 'have been worked out or abandoned, or 'whenever the occasion for the use of such water upon the claim or in connection with such worxs shall have permanently ceased, the grant shall cease and determine.

2. Twenty days' notice of the application shall be given, in accordance with Form M in the schedule to these Regulations, by affixing the same to a post planted in some conspicuous part of the ground, and a copy thereof conspicuously posted upon the inner walls of the Mining Recorder's Office, and any person may protest within such twenty days, but not afterwards, against such application 'being wholly or partially granted.- :

3. Every application for a grant of water exceeding 200 inches shall. be accompanied by a deposit of $50.00, which shall be refunded in case the application is refused, but not otherwise.

4, HEivery such application shall state the names of the applicants, the name or description of the stream or lake to be diverted, the quantity of water to be taken, the locality for its distribution, the price (if any) to be charged for the use of such water, and the time necessary for the completion of the ditch. The grant shall be in the Form N in the schedule hereto.

5. Every grant of a water privilege on occupied creeks shall be subject to the rights of such miners as shall, at the time of such grant, be working on the stream above or below the ditch head, and of any other persons lawfully using such water for any purpose whatsoever. Rv

6. If after the grant has been made, any miner or miners locate and bona fide work any mining claim below the ditch head, on any stream so diverted, he or they collectively shall be entitled to 40 inches of water if 200 inches be diverted, and 60 inches if 300 inches be diverted, and no more, except upon paying to the owner of the ditch, and all other persons interested therein, compensation equal to the amount of damage sustained by the diversion of such extra quality of water a3 may be required; and in computing such damage, the loss sustained by any claims using © water therefrom, and all other reasona'ble losses shall be considered.

7. No person shall be entitled to a grant of the water of any stream for the purpose of selling the water to present or future claim holders on any part of such stream. The Mining Recorder may, however, grant such privilege 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 miners then using the water so applied for be protected. hase

8. The Mining Recorder may, if he thinks such action desirable, obtain the en- 'Jargement or'alterations of any ditch, and fix the compensation (if any) to be paid by parties to be benefited thereby.

§. Every owner of a ditch or water privilege shall take all reasonable means for utilizing the water granted to him; and, if he wilfully take and waste any, unreasonable quantity of water, the Mining Recorder may, if such offence be persisted in, declare all rights to the water forfeited.

10. The owner of any ditch or water privilege may distribute the water to such

persons and on such terms as he May deem advisable, within the limits mentioned in this grant; Provided always, that such owner 'shall be bound to supply water to all miners who make application therefor in a fair proportion, and shall not demand more from one person than from another, except where the difficulty of supply is enhanced.

11. Any person desiring to bridge any stream, claim or 'other place, for any purpose, or to mine under or through any ditch or flume, or to carry 'water through or over any. land already. occupied, may, in proper cases, do so with the written sanction of the Mining Recorder. In all such cases the right of the 'party first in possession shall prevail so as to entitled him to compensation if the same be just.

12. Im measuring water in any ditch or sluice, the following rules shall be observed:—The water taken into a ditch or sluice shall 'be measured at the ditch or sluice head; no water shall be taken into a ditch or sluice except in a trough placed horizontally at the place at which the water enters it, and which trough shall be extended two feet beyond the orifice for the discharge of the water; one inch of water shall mean the quantity that will pass through a rectangular orifice two inches high by half an inch wide, with a constant head of seven inches above the upper side of the orifice.

13. Whenever it shall be intended, in forming or upholding any ditch, to enter © upon and occupy any part of an entered 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.

14. Any person engaged in the construction of any road or work may, with the sanction of the Mining Recorder, cross, divert, or otherwise interfere with any ditch, water privilege or other mining rights whatsoever, for such period as the Mining Reeorder shall approve.

15. The Mining Recorder shall order what 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 by the person or persons causing any such damage.

16. 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. ;

17. The owners of any ditch or water privilege shall construct and secure the same in a proper and substantial Manner, and maintain the same in good repair, to the satisfaction of the Mining Recorder, and so that no damage shall occur to any road or 'work in its vicinity from any part of the works of such ditch, water privilege or right.

18. The owners of any ditch, water privilege or right, shall be liable, and ghall make good in such manner as the Mining Recorder shall determine, all damages which may be octasioned by or through any part of the works of such ditch, water privilege, or right, breaking or being imperfect.

19. Nothing herein contained shall be construed to limit the right of the Commissioner in Council to lay out from time to time public roads across, through, along, or under any ditch, water privilege or mining right, without compensation.

20. The Commissioner of the Yukon Territory may alter or amend the foregoing Regulations as he may deem advisable, and such alterations or amendments shall be and remain in force until disallowed by the Minister of the Interior.

Form M.—Notice Of Application To Use And Divert Water.

Notice is hereby given, in pursuance of the provisions of the Regulations for the Right. to Divert and Use Water from any Stream or Lake in the Provisional District

of. Yukon, that Do(on We)... ..- <i. -mc at clea ine sie cee eine oii nants amine ee eae eee eee OLR rl ee ttc: Sapte eal ae Sobers ..at the expiration of twenty days from 'the date hereof, intend to apply to the Mining Recorder, for authority to ttake, carry away, and divert to my (or our) mining claim or from its natural channel inches of the unentered and unappropriated water of the (stream or lake) known . BiS\sd as deeths, ekeptlete (Rape bie' siden 9 cia oe treme iemenag POL, 'oss 3,04¢ easter aaa) ake hiteuata ee ene purposes during ithe: term: Ofc). <n) fe. sepa lotstscoe ted Aken Abo ne -years from the date of entry with the object of STM RREE ¢ ASS MRR PEER he 2 aR oe be See ee

Such diversion will be made at a point situate on the ... CDG

or side iof the said (stream or lake), marked on the ground by a enpaplaucas post; and it is intended that such water shall be carried in and through a (ditch, or flume, ior! Oth): Star? hc Pad BSR Ce FR Se A MA ee oe ee ee .direction over the? lands "ote. Po, Sots cece eee eet ore eraneuela storere nee Deen tot mnnee Peer vAltieatea 'by like conspicuous ae cticy panied about every quarter of a mile along the proposed location (of the ditch, or flume, or both). ;

Dat@d™ tae ee oor Se Oo Paetate a ay. OFM, Baie ee J Oe B hie EM 19 - FORM N.—GRANT OF RIGHT TO DIVERT WATER AND CONSTRUCT DITCHES.

Department of the Interior, Mining Recorder's Office, In consideration of the payment of a deposit of Fifty Dollars, required by the Regulations for the Right to Acquire, Divert and use the Water from any Stream or Lake, in the Provisional District of Yukon, to be made with the application for the right to divert water and construct ditches.

mie Minister=ofjthe Interior herebys stants 0.2. ati: ea eee eee eee for the COLMMMCOENE TERE MISS ae eo Vata. years from the date hereof, the right to divert and use the water from (specify stream or lake) to the extent Dio. choco tide wer 0 os inches, and no more, to be distributed as follows (describe locality of distribution) together with the right to charge the following TALES LOGE TH eMISe MOL UNS SHI: WALOl i tiie cine eee nnn ae eee (insert rates to be CHATRCA)R elaaetee SS aee Dae and the rights of way through and entry upon the fol- . lowing mining grounds ...+-++- (insert description) ..065./ 0 susie for the purpose of constructing ditches and flumes to convey such water, provided such ditches and flumes are constructed and in working order within

from the date hereof;

Provided, that this grant shall be deemed to be appurtenant to mining claim No. 2 Ee ee eR Otero and shall cease and determine whenever the said claim shall have been worked out or abandoned, or the occasion for the use of such water upon the said claim shall have permanently ceased;

Provided also, that this grant is subject to all the provisions of the Domintor Mining Regulations in that behalf, whether the same are expressed herein or not. —

Mininy Recorder,

At The Government House At Ottawa,

The 18th day of March, 1901.

Present :

His Excellency The Governor General In. Council:

The Governor General in Council is pleased to order, and it is hereby ordered

that the Regulations for the hearing and decision of disputes in relation to mining. property in the Yukon Territory established by the Governor 'General in Council on the 2ist March, 1898, as amended by subsequent Orders in Council, so far as the same relate to the Yukon Territory, shall be and the same are hereby cancelled; and that in relation to min-the

Regulation governing the hearing and decision of disputes

ing lands in the Yukon Territory, as set forth in an Ordinance, ed by the Governor General in Council on the 18th day of March, 1901, shall be and

the same are hereby substituted in lieu of dhe Regulaltions shereinbefore mentioned.

P:C. No. 606, enact-

PC 606: AT THE i Nature 'HOUSE AT OTTAWA, The 18th day of March, 1901. Prosient: : HIS AE tent THE GOVERNOR GENERAL IN COUNCIL:

The Governor General in Council for the purpose of establishing regulations for the hearing and decision of disputes in relation to mining property in the Yukon Territory, in virtue of the provisions of Section 8 of "The Yukon Territory Act." as enacted by Section 2 of Chapter 11 of the Act 62-63 Victoria, enacts as follows:

MABTAI Fis yee RTE

Ordinance Governing the Hearing and Decision of Disputes in Relation to Mining Lands in the Yukon Territory.

1. The Gold Commissioner shall have jurisdiction to hear and determine judicially all matters in difference in regard to entries for mining claims under regulations or in any way relating to mining property or mining rights upon Dominion Lands in the said Territory; also te adjudge any patent, lease or other instrument which purports by or on behalf of the Crown to grant or convey mining property or any estate or interest therein or any right with respect to or affecting such property to 'be void on the ground that the same was issued in error or improvidence or that the igsue thereof was obtained

through fraud.

For the purposes of this section the expression 'Mining Property" shall include very mineral claim, ditch, mill-site, or water right used fer mining purposes,.and all her things 'belonging to a mine or used in the 'working thereof.

2. Where necessary for the granting of relief in matters to which 'his jurisdiction extends the Gold Commissioner may grant an order in the nature of mandamus or injunction, and may order or decree the foreclosure or redemption of any mortgage or the specific performance, reformation, delivery up or cancellation of any agreement for sale or lease, cr the appointment of a Receiver, and generally 'he shall have in such matters all the .powers of a Judge of the Territorial Court.

3. The judgment of the Gold Commissioner in any action, matter or proceeding, within his jurisdiction, shall be final and conclusive upon all parties thereto, unless appealed from as hereinafter provided, and may be enforced by execution or other process as applicable in like cases to judgments of the Territorial Court.

(b) Writs or orders for the execution of such judgment may be directed to the Sheriff of the District, or to a Mining Inspector, who shall in such case have all the powers of a Sheriff of the District in 'the execution of such writs or orders.

4. 'There shall be an appeal from any final judgment of the Gold Commissioner to ie Territorial Court, of which, for all purposes of and incident to such appeals, the old Commissioner shall be deemed to be a member, having equal powers in all repects with the Judges of the said 'Court and sitting with them upon the hearing of such

appeal; Provided that if, at any time hereafter, a third Judge of the Territorial Court is appointed to be resident at Dawson City, 'the Gold Commissioner shall cease to be a member of the said Court for the purposes of such appeals.

5. 'Notice of any such appeal shall be given within twenty days from the day upon which the judgment appealed from is signed, entered or pronounced, or within such further time as the Gold Commissioner or a Judge of the Territorial Court may allow.

6. Where an appeal is taken from any judgment of the Gold Commissioner, he may in his discretion, pending the appeal, place a Receiver in charge of the property in "question in the cause, or may permit the Appellant to remain in possession upon giving . security, to the satisfaction of the Gold Commissioner, for any damages which may

accrue.

7. The appeal shall be heard upon the record of proceedings before the Gold Com- _missioner; Provided that the Territorial Court may, upon special circumstances being _shown, make an order for the taking of further evidence.

8. Execution of the judgment of the Gold Commissioner shall not be stayed upon -appeal except upon application to him, and upon such terms as shall be just.

9. The judgment of the Appeal Court as constituted by Section 4 thereof, upon any such appeal, shall be final and conclusive.

10. No jury shall be empanelled to try any cause depending before the Gold Com- _maissioner.

11. The Judges of the Territorial Court and the Gold Commissioner, or any two -9f them, of whom the Gold Commissioner shall be one, may make general rules, not inconsistent with this Ordinance, for regulating the practice and procedure in actions, matters and proceedings before the Gold Commissioner and upon appeals from his judgments and the fees and costs in connection therewith and with such appeals, and in -the preparation of such general rules they shall have regard to the intention, hereby declared, that such practice and procedure shall be as summary, expeditious and inexpensive as in their discretion reasonably may be.

12. Such general rules shall be laid: before the Governor General in Council as

-soon as posible after the making thereof.

'13. Until such general rules are made the practice and procedure and the fees and costs in connection therewith shall be regulated by those which obtain in the Territorial Court in similar cases.

14. Nothing herein contained shall in any way affect the jurisdiction of the Min- "ister of the Interior in respect of any appeal now pending under the regulations hereby rescinded, but the Minister, in case such appeals have not been disposed of by him, may in his discretion order such appeals to be transferred to the said Appeal Court, to be dis-te

osed of by the said Court in accordance with the foregoing provisions, and as to appeals from any judgment or decision of the Gold Commissioner lawfully taken or per-er

, all further proceedings may be had and taken under the provisions of this Ordinaforesaid shall have jurisdiction to 'hear and determine such appeals in like manner as if the same had been duly taken and perfected after the coming into force of this Ordin-

: ee and under the provisions thereof, and all such subsequent proceedings may be had : taken as in the case of ordinary appeals under this Ordinance.

Dn:

Printed In U.S.A.

Date Due

Cat. No. 23 233

YUKON TERRITORY. LAWS, STATUTES, ETC. Regulations governing placer mining in the Yukon Territory.

Col2oa

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