Department of the Interior. with; provided, however, that a survey shall be made at the expense of the applicant in cases where he desires to obtain a patent for his location or wishes to transfer his interests therein. Vide Canada Gazette, vol. xxxv., p. 2199. By Order in Council of the 8th of April, 1902, clause a of section 20 of the regulations governing the granting of yearly licenses and permits to cut timber on Dominion lands in Manitoba, the North-west Territories and the railway belt in the province of British Columbia, was amended by inserting 9,250 feet, board measure, instead of 6,750 feet, as the amount the permittee will be entitled to receive of sawn lumber. Vide Canada Gazette, vol. xxxv., p. 2199. By Order in Council of the 8th of April, 1902, the regulations governing the granting of yearly licenses and permits to cut timber on Dominion lands in Manitoba, the North-west Territories and the railway belt in the province of British Columbia, established by Order of the Governor General in Council, dated 1st July, 1898, and subsequent Orders in Council, were amended so as to provide that the owners of steamboats plying on waters within the boundaries of Manitoba, the North-west Territories and the railway belt in British Columbia may be granted permits to cut wood for consumption on their boats without competition. Vide Canada Gazette, vol. xxxv., p. 2199. By Order in Council of the 8th of April, 1902, sections 11 and 12 of the regulations for the administration of hay and grazing lands in the Yukon Territory, established by Order in Council of January 5, 1901, were amended so as to make the office fee for procuring a permit $2 instead of $2.50, and the dues on hay cut to be $1 instead of $3 a ton; and clause 14 which provides for a charge of five cents per day for each head of cattle grazing upon public lands while being driven through the Yukon Territory, was rescinded. Vide Canada Gazette, vol. xxxv., p. 2200. By Order in Council of the 8th of April, 1902, the Minister of the Interior was authorized to deal with applications for grazing lands within the railway belt in the province of British Columbia and to issue leases therefor under the provisions of the grazing regulations for Manitoba and the Northwest Territories. Vide Canada Gazette, vol. xxxv., p. 2255. By Order in Council of the 15th of April, 1902, it was declared that the provision of subclause (d) of clause 41 of the regulations governing placer mining in the Yukon Territory, established by Order in Council of 13th Department of the Interior. March, 1901, which provides 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 thereof 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, may also apply to any number of claims, provided the Government mining engineer reports to the Commissioner of the territory that the claims are suitable for hydraulic mining purposes; that there is a sufficient quantity of water available with which to successfully operate the location; that there is a sufficient dumping ground upon which to deposit the tailings from the operation, and that the application has been approved by the Commissioner of the Yukon Territory. Vide Canada Gazette, vol. xxxv., p. 2254. By Order in Council of the 19th of May, 1902, the regulations for the disposal of coal lands the property of the Dominion Government in Manitoba, the North-west Territories and British Columbia, established by the Order in Council of the 17th September, 1889, and amended by subsequent Orders in Council, were rescinded, and the following regulations substituted therefor :— REGULATIONS FOR THE DISPOSAL OF COAL LANDS, THE PROPERTY OF THE DOMINION GOVERNMENT IN MANITOBA, THE NORTH-WEST TERRITORIES AND BRITISH COLUMBIA. 1. Lands containing anthracite coal may be sold at an upset price of $20 per acre, and coal other than anthracite at an upset price of $10 per acre or may be sold by public competition if the Minister of the Interior shall so decide. Payment for the land in cash or scrip shall be made when the application is granted or payment may be made of one-quarter of the purchase price only and the balance in three equal annual instalments with interest at the rate of five per cent per annum upon the unpaid balance. Scrip, however, cannot be accepted unless payment is made in full at the time of the sale. If payment is not made accordingly the right to purchase will be cancelled. 2. In addition to the above a royalty at the rate of ten cents per ton of 2,000 pounds will be levied and collected on the output of the mine, and it will be necessary for the person operating a mine to furnish the agent of Dominion lands with sworn returns monthly, or at such times as the Minister of the Interior may direct, accounting for the full quantity of coal mined, and pay the royalty thereon at the above rate. 3. Default in payment of such royalty, if continued for ten days after notice has been posted at the mine in respect of which it is demanded, or in the vicinity of such mine, by the agent of Dominion lands or by his direction, shall be followed by cancellation of the sale. In case of such cancellation no payments which have been made on account of the purchase will be refunded. 4. The patent which may be issued for coal lands will be made subject to the payment of the above royalty, and provision will be made therein that the Minister of the Interior may declare the patent to be null and void for default in the payment of the royalty on the coal mined. VOL. I-E Department of the Interior. Any attempt to defraud the Crown by withholding any part of the revenue thus provided for, by making false statement of the amount taken out, shall be punished by cancellation of the sale of the land in respect of which fraud or false statements have been committed or made, and the Minister of the Interior may, for the same cause, declare the patent which may have been issued for the land to be null and void. In respect to the facts as to such fraud or false statements or non-payment of royalty, the decision of the Minister of the Interior shall be final. 5. Not more than three hundred and twenty acres shall be sold to one applicant. 6. When there is more than one applicant for the same coal location, the Minister of the Interior may invite competition between the several applicants, or offer the land for sale at public competition by tender or by auction, as he may think expedient, at the upset price of coal lands. 7. The boundaries beneath the surface of coal mining locations shall be vertical planes or lines in which their surface boundaries lie. 8. A fee of $5 shall accompany each application to purchase, which will be applied on account of payment for the land if the sale is carried out, and will be refunded if the land applied for is not available, but not otherwise. Lands patented or entered, on which the coal mining rights have been reserved. 9. (a.) Any person or persons desirous of obtaining permission to prospect for minerals on lands that have been patented or entered and on which the mining rights have been reserved, shall make application therefor to the Minister of the Interior. (b.) Such application shall be in writing, defining clearly the area applied for, which area must not exceed 320 acres. (c.) If the Minister of the Interior sees no objection to the application being granted, the applicant will upon payment of a fee of $10 be given permission to prospect upon furnishing the Minister with proof that he has complied with the provisions of the following subsection. (d.) The applicant shall enter into a bond, with two sureties to the satisfaction of the Department of the Interior, to recompense the owner or occupant of the soil for damages that may be done to his lands. (e.) If the proprietor of lands so entered upon shall seek damages, he shall, before the end of two months after the expiration of the permission given, make his claim in writing against the prospector detailing the particulars and amount of claim; and if the claim is not adjusted by agreement between the parties within one month after notice thereof as aforesaid, it shall be settled by arbitration in the manner prescribed in sections 13 and 14 of these regulations. 10. No permission to prospect shall authorize entry upon any buildings or the curtilage appertaining to any house, store, barn or building, or upon any garden, orchard, or ground reserved for ornament, or under cultivation by growing crops, and inclosed, except with the consent of the occupier or permission from the Minister of the Interior upon special application setting forth the circumstances under which the same is applied for, and on such terms as the case may require. 11. If, at the expiration of the period for which permission has been given to prospect on lands, it be desired to acquire the mining rights thereunder, they will be sold at the rate and on the terms prescribed by the mining regulations, less the price ruling for surface rights in the class in which the lands may be situated. 12. If the occupier of the lands has not received a patent therefor, the purchase money of the surface rights shall 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. Department of the Interior. 13. When the party obtaining the mining rights to land cannot make any 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. 14. (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 occupant of such lands according to their several interests therein shall sustain by reason of such prospecting and mining operations. (b.) In estimating such damage, the arbitrators shall determine the value of the land irrespective 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 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. Vide Canada Gazette, vol. xxxv., p. 2383. By Order in Council of the 19th of May, 1902, sections 14 and 15 of the regulations for the disposal of Dominion lands within the railway belt in the province of British Columbia, established by Order in Council of 17th September, 1887, as well as by Order in Council of 17th September, 1889, and which were amended by Order in Council of 5th July, 1899, so as to provide that a settler, who made entry for a homestead, became entitled to the timber thereon except in cases where the timber had previously been granted under permit or license, were further amended so as to provide that the timber on a homestead becomes the property of a homesteader only when he obtains the patent for his homestead, unless it was previously granted under a license or permit, and that should he desire, before obtaining patent, to clear a portion of his homestead for cultivation purposes in the immediate future he can, on VOL. I-E Department of the Interior. making application to the Crown timber agent, obtain a permit to cut and sell the timber thereon free of dues; and that if he desires to cut timber outside of the tract he is clearing, for the purpose of selling it, he may obtain a permit to do so from the Crown timber agent upon payment of the same dues as are collected from licenses of timber berths, and when the patent is issued a refund will be made to him of any dues so collected. Vide Canada Gazette, vol. xxxv., p. 2418. By Order in Council of the 19th of May, 1902, clause 3 of the regulations for the disposal of mining locations in the Yukon Territory to be worked by hydraulic mining process made and established by the Governor in Council on the 3rd of December, 1898, as amended by Order in Council of 2nd March, 1900, which provides that an application for a location shall be filed in the Department of the Interior at Ottawa, was amended so as to provide that the application shall be filed with the Commissioner of the Yukon Territory at Dawson; and that no lease be issued for a location unless it is recommended. by him. And further the exemption of royalty on $25,000 of the annual output of a location, provided for in section 5 of the aforesaid regulations, was rescinded on, from and after the date hereof. Vide Canada Gazette, vol. xxxv., p. 2418. By Order in Council of the 19th of May, 1902, in virtue of the provisions of clause 47 of the Dominion Lands Act, as enacted by section 5 of chapter 15 of 55-56 Victoria, and of section 8 of the Yukon Territory Act, as enacted by section 2 of chapter 11 of 62-63 Victoria, the Order in Council of 31st day of October, 1901, authorizing the Minister of the Interior to dispose of any mining claim which may be forfeited under the provisions of section 41 of the regulations governing placer mining in the Yukon Territory, established by Order in Council of 13th day of March, 1901, was rescinded. Vide Canada Gazette, vol. xxxv., p. 2419. By Order in Council of the 19th of May, 1902, in virtue of clause 47 of the Dominion Lands Act, as enacted by section 5 of chapter 15 of 55-56 Victoria, and of section 8 of the Yukon Territory Act, as enacted by section 2 of chapter 11 of 62-63 Victoria, section 7 of the regulations governing placer mining in the Yukon Territory, established by Order in Council dated 13th March, 1901, which provides that a person or joint stock company, and every person in his or its employment, except house servants, shall have a free miner's certificate unexpired, was amended by leaving out the words "and every person in his or its employment, except house servants." Vide Canada Gazette, vol. xxxv., p. 2419. |