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NOVA SCOTIA, &c.

reign of her present Majesty and 18 years afterwards, any leases of mines granted by the Province would remain valid beyond that period or not; and it was contended that the difficulty was not met by the provision of the British North America Act, 1867 (Imp. Stat. 30 and 31 Vict. c. 3), by virtue of which the Dominion of Canada was established, which, whilst declaring (s. 109) that all mines, minerals, and royalties belonging to the Province of Nova Scotia were to belong to that Province, was qualified by the addition of the words-" subject to any trusts existing in respect thereof, and to any interest other than that of the Province in the same." The opinion, however, prevailed that the Act of 1849, although limited as before mentioned, was equivalent to the Acts by which in England the hereditary revenues of the Crown are given up in return for the Civil List (e.g., 1 and 2 Vict. c. 3), and which, though limited (s. 17) to continue in force for six months only after the death of the reigning Sovereign, are practically safe to be renewed at the commencement of any new reign; besides which it was pointed out that the Crown must be taken to be bound by leases granted under its authority, and indeed in its name.

It appears, therefore, that the Government of Nova Scotia has both the power and the will to offer encouragement to foreigners who may be prepared to assist in the development of the very extensive coal deposits of the country.

The regulation of mines in Nova Scotia is provided for by c. 8 of the revised Statutes of Nova Scotia, c. 9 of the Acts of 1891, c. 4 of the Acts of 1892, and c. 10 of the Acts of 1893.

As to land in British Columbia within the railway belt belonging to the

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Crown lands in this Colony, under the "Land Act, 1884 " (as amended in 1890, 1891, 1892, and 1893), are classed as surveyed or unsurveyed lands, and may be acquired by "record" and pre-emption or by purchase. The price of Crown lands pre-empted is $1 per acre. The Crown grant reserves to the Crown the right for the Crown, and for any person or persons acting under the authority of the Crown, to enter on the land and get thereout any minerals, precious or base, other than coal, thereon or thereunder, and to use the said land and the easements and privileges thereto belonging for the purpose of such raising and getting and every purpose connected therewith, paying in respect of such raising, getting, and use, reasonable compensation.

The Land Act, 1884 (amended as above), reserves to the Crown a royalty of 5 cents (=24d. per ton) on every ton of merchantable coal raised or gotten from any land acquired under the provisions of that Act, not including dross or fine slack, and directs that in any Crown grant to be issued in pursuance of the Act there shall be contained a reservation of the said royalty.

The Land Act also provides that in all grants theretofore issued by which the coal is reserved to the Crown, the coal so reserved is to become the property of the grantees and their assigns, subject to the aforesaid royalty.

Under the "Mineral Act, 1891" (as amended in 1892 and 1893), a "free miner" must be over 18 years of age. His certificate must be for one or more years at the rate of $5 a year, and is not transferable. He may enter, locate, prospect, and mine upon any waste lands of the Crown for all minerals other than coal, and, on making compensation, upon all lands the right whereon to so enter, prospect, and mine all minerals other than coal, shall have been or shall be reserved to the Crown and its licensees (except land occupied by any building or falling within the curtilage of any dwelling-house, and any orchard or any land actually under cultivation or lawfully occupied for mining purposes. other than placer mining, and also Indian reservations). The amount of compensation in cases of dispute is to be determined by the Court having jurisdiction in mining disputes with or without a jury.

Free miners' claims must be recorded and re-recorded from year to year at a cost of $2.50 each year, and the free miner must in each year do, or cause to be done, work to the value of $100 on each claim.

A free miner is not entitled to hold more than one claim on the same vein or lode except by purchase.

A free miner was under the Act of 1891 not only entitled to work the mineral within his own claim (such claims being usually 1,500 feet long by 600 feet wide in a rectangular form), but was also entitled to some extent to follow veins or lodes in a downward course into adjoining lands without entering upon the surface of such adjoining lands. The Mineral Act (1891) Amendment Act, 1892," however, declares that the owner of a mineral claim shall not be entitled to mine outside the boundary lines of his claim continued vertically downwards, but reserves the rights of claim-holders located under former Acts. "The Mineral Act (1891) Amendment Act, 1893," alters the size of mineral

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claims to not exceeding 1,500 feet in length by 1,500 feet in breadth, and declares (s. 25) that the owner of a mineral claim is only entitled to the use and possession of the surface for the purpose of mining and getting the minerals. The holder of a mineral claim can purchase the same on payment of $25 per acre in lieu of expenditure on the claim. Free miners may obtain licenses to run drains or tunnels for drainage or other purposes connected with the development or working of their claims through any occupied or unoccupied lands, whether mineral or otherwise, on giving full security for any damage that may be done thereby.

The "Placer Mining Act, 1891," regulates the rights and liabilities of "free miners" with respect to placer claims, which are very similar to those referred to above with respect to lode claims.

Under placer claims the free miners have the right to enter, locate, prospect, and mine for gold and other precious metals upon any lands in the province, whether vested in the Crown or otherwise, except upon Government reservations for town sites, land occupied by any building, or land within the curtilage of any dwelling-house, and any orchard or land lawfully occupied for placer mining purposes and Indian reservation.

Under the "Coal Mines Act, 1883" (as amended in 1890, and again by "The Coal Mines Amendment Act, 1892"), a twelve months' prospecting license for 640 acres of unoccupied and unreserved coal or petroleum land may be granted by the Government on payment of $50. The LieutenantGovernor in Council may grant a lease of lands covered by a prospecting license for coal-mining purposes to any licensee who proves the discovery of coal on his land, for a term of 5 years, at an annual rent of 10 cents= 5d. per acre; and at the expiration of that term the lessee, on proving that he has worked vigorously under the lease, may purchase the lands at $5 per acre, but the lease is not to be granted until the land has been surveyed. In addition to the rental a royalty of 5 cents per ton on merchantable coal, and 1 cent per barrel of petroleum raised, may be reserved, and other conditions may be made in the lease. Owners of adjoining claims (not exceeding 10) may consolidate their claims. The license is not transferable without notice being given to the Chief Commissioners of Land and Works.

Prospectors of mines may acquire such a portion of any Crown lands or lands held under pre-emption, or Crown grants, by any person or persons as may be necessary for affording communication with the seashore, or any river or public highway, together with a block of land not exceeding five acres at the terminus of such line of communication, such land only to be used for transporting, storing, and shipping coal, and for other purposes essential to the business of the mine. The conveyance of land so taken is not to include the minerals thereunder, except by the consent of the grantor. Prior to the acquisition of such land compensation is to be given to the person from whom it is taken, the amount of compensation, in case of dispute, to be settled by the arbitration of two arbitrators appointed by the parties, and an umpire appointed by the arbitrators. (The "Coal Mines Act," Statutes of British Columbia, 1883, c. 3.)

Under the "Mineral Act, 1884" (Consolidated Statutes of British

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Columbia, 1888, c. 82), with amendments made in 1889 and 1890 (and which Act is, to a great extent, repealed by the "Mineral Act, 1891," before mentioned), the Lieutenant-Governor in Council may appoint Gold Commissioners for the whole province, or for any particular district therein. Within each district there is to be a Mining Court," in which the Gold Commissioner is to act as judge. Such court is to have original jurisdiction, and a court of law and equity to hear and determine all mining disputes arising within its district, with power for the judge in certain cases to summon a jury of from three to five miners to assess damages.

Under "An Act to aid the Development of Quartz Mines" (Statutes of British Columbia, 1888, c. 66, s. 85), the Lieutenant-Governor in Council has power to expend public moneys in the erection and maintenance of crushing, chlorinating, and smelting works, and may grant sums of money by way of bonus to assist quartz mines already partly developed, and may grant a bonus to a company which shall erect a quartz mill or smelting works, or both combined.

The regulation and inspection of coal mines are provided for by "The Coal Mines Regulation Act, 1877," as amended in 1883 and 1890.

Under an Act passed in 1890 (c. 31) special provisions are made with respect to claims located within that portion of the province within which the Canadian Pacific Railway runs, before referred to as the "Railway Belt."