The evening times., 1899-05-01
mining LAWS OF
BRITISH COLUMBIA
New Statutes Affecting Those
in the Gold Region.
Aliens Now Prohibited From Hold.
ing Canadian Claims.
May BE Secured-ProvisiOns for
the Settlement of Disputes.


Columbia are especially interesting. There
has been transmitted to the State Depart
ment from Victoria by Consul Smith, a
copy of the placer mining act passed by
| the legislative assembly OF British Column
bia on January is. 1899.
This law, says Consul Smith, is Of spe-
cial interest in view Of the discoveries of
| gold in the vicinity Of Atlin Lake as it
| prohibits the holding of claims by aliens
/ The substance Of the law is as follows:
Under the act. which is a substitute for
| section Of chapter 1856 of the revised
| statutes. every person who is not less than
eighteen years Of age and is British sub
| ject shall be entitled to all the rights and
, privileges Of a free miner. and shall be so
| considered on taking out a free miners
| certificate as long as that certificate re-
mains in force. The certificate is not
| transferable.
| mo joint stock company or corporation
| is entitled to take out free miners GER
| tiiicate under the act unless ii has been
| incorporated, and not simply licensed or
registered, under the laws of the prov
! ince. and in addition. the company cr~,or-
poration must be authorized to take cut
a certificate by the lieutenant governor in
council. Such an authorization may be
cancelled at any time. In case of such
cancellation, any free miners certificate
already taken out shall remain in force
until its expiration.
PeculiarIties of the LAW.
a free miners certificate taken out by
any person not authorized SO to do shall BE-
null and void A free miners certificate
| issued before the coming into force of the
new law the holder of which is not a Brit
| ish subject. shall not entitle the person
| holding il TO take up, record, or acquire
! any interest in any claim under the placer
! mining act but such certificate shall be
| valid only with regard to claims recorded
under the placer mining act prior to the
coming into force of the new law. and as
TO which the holder of such certificate was.
| prior to the coming into force of the law.
| the owner either wholly or in part. Any
such certificate shall only be valid with
regard to claims recorded under the placer
mining act
No free miner. after the coming into
force of the new law can hold any claim
under the placer mining act or any in
terest therein, as trustee or otherwise. for
any person who is not British subject:
or for any corporation not authorized to
take out free miners certificate.
This does not apply to persons to whom
the lieutenant governor in council may.
under the provisions of the placer mining
act grant lease for dredging. and for
what is known as hydraulic mining. as dis
tinguished from ordinary sluicing."
There followed another amendment to
the placer mining act, which designates
the length of time p free miners certii-
cate shall run. that I shall be issued to
only one person or joint-stock company
and by any mining recorder or gold COM
missioner. The form for free miners
certificate is also given in the amendment.
The manner of securing special certif-
cate. with the fees to be paid and the
written form to be followed. are also de-
scribed. 1t likewise declares that all the
powers conferred upon gold commissioners
by chapter 136 may be performed by min
ing recorders. with regard to mineral
claims within the territory for which they
have been respectively appointed.
settlement of Disputes.
In Consul Smiths report there is also a
copy CT an act TO provide for the settle
ment of disputes as to mining claims in the
Bennett Lake and Atlin Lake divisions
The act is introduced by a preamble, and
in substance follows:
Whereas, en- account of uncertainty as
10 the boundary between British Columbia
and the Northwest Territory of Canada,
and on account of the manner in which
the recorders Office in the Bennett Lake
and Atlin Lake mining divisions has been
conducted. disputes are likely to arise
as to the ownership of placer mining claims
in said mining divisions:
And whereas it is desirable that such
disputes should be settled in a summary
and inexpensive manner:
Therefore, Her Majesty. by and with the
advice and consent of the legislative as
sembly of the Province of British Column
bia, enacts as follows:
This act may be cited as the Bennett
Atlin commission act, 1899.
The lieutenant governor in council may
appoint judge of the supreme court of
British Columbia special commissioner
for settling disputes and difficulties with
regard to matters arising under chapters
135 and 1856 OF the revised statutes N con-
nection with the Bennett Lake and Atlin
Lake mining divisions.
THE commissioner shall have power to
settle and dispose of in a summary way all
matters which may be brought before him
by the parties interested. and also all |
matters which may be referred to him by |
the government agent Of the said district, |
touching the above questions.
The commissioner shall not be bound |
in giving his decision in connection with |
any of the above matters. by the provis- |
ions of the chapters mentioned, but. .in |
view of the complications which have |
arisen in connection with matters in those |
mining divisions, he may decide all such |
questions in accordance with equity and |
good sense. The commissioner SHALL how |
ever so far as is possible, consistent with |
doing justice in the premises, follow the
provisions Of chapters 135 and 136. The |
commissioner shall not, however. give any |
decision which shall conflict with the pro-