Bill No. 118 of 1949. A BILL RESPECTING MINES AND MINERALS. NOTE. This Bill enacts a new Act to be known as "The Jl.lhws and Minerals Act." This Act deals with the disposition of mineral rights, the staking of claims and all types of mining within the Province except coal mining and the drilling of wells. The Act is divided into seven Parts.

Part I deals with the administration of the Act and contains provisions of general application to all types of disposition of mineral rights and mining other than coal mining and drilling of wells.

Part II deals with quartz mining,

Part III ,vith placer mining,

Part IV with coal mining,

Part V with mining in road allowances,

Part VI with petroleum and natural gas and

Part VII with geophysical and geological exploration. The Act commences with the usual

short title, interpre­ tation and application sections which are found in sections 1 to 8.

Part I, which deals with the administration of minerals, is found in sections 9 to 56 inclusive.

Section 9 outlines the jurisdiction of the new Department of Mines and Minerals. Sections 10 and 11 deal with ap­ pointment and duties of officers. Sections 12 to 18 contain the powers and duties of the Minister. Sections 19 and 20 deaJ with the powers of the Lieutenant Governor in Council. These sections provide for the making of regulations which are required to be pub­ lished in The Albertn Ga~ett('. Sections 21 to 23 outline the duties of the Mining Recorder. Sections 24 to 31 deal generally with disposition of min­ erals.

The general rule is that no minerals belonging to the Grown in the right of the Province shall be sold. Exceptions to thiR rule may be specfically provided for by Statute. In Rome cases, in order to consolidate mineral holdings, the Crown may exchange one of its titles for a privately owned title. In such cases the Act makes provision for the issuing of title in fee simple to minerals. Crown nlinerals are normally disposed of by way of lease. All dispositions of Crown minerals are subj ect to certain reservations to the Crown.

On every disposition there is reserved to the Crown a royalty at such rate as may be prescribed by the Lieuten­ ant Governor in Council upon the granting of the mineral rights and from time to time thereafter.

Section 32 gives a lien to the Crown for any rental or royalty which is due and deals with the enforcement of such a lien. Sections 33 and 34 deal with seizures by the Crown in case default is made in the payment of rent, royalty, or other moneys due. Sections 35 to 37 deal with evidence and its admissibility.

Section 38 provides that a person working minerals with­ out an agreement made under this Act acquires no right to the mineral and may be ejected as a trespasser. Sections 39 to 56 contain miscellaneous provisions re­ lating to leases, licenses, permits, etc., and the general ad­ ministration of the Department.

Part II deals with quartz mining.

Section 57 is the

interpretation

section applicable to the Part and

section 58 deals with the application of the Part. Sections 59 to 64 deal with acquisition of claims. Sections 65 to 75 set out how a claim shall be stak€d. Sections 76 to 80 prohibit any unauthorized person from removing or defacing posts used for staking claims. Sections 81 to 91 deal with the recording of mineral claims with the Mining Recorder. Sections 92 to 95 set out how claims shall be abandoned.

Section 96 provides for the grouping of claims. Sections 97 to 101 deal with the representation work re- quired to be done on mineral claims after they have been duly staked and recorded. Sections 102 to 105 d€al with disputes over the staking of or the title to mineral claims. Sections 106 to 111 deal with the issue of a certificate of improvements to which the lawful holder of a mineral claim is entitled upon proving to the Mining Recorder that he has done the necessary work.

Sections 112 and 113 deal with the determination of ad­ verse rights which are in dispute before a court. ~ction 114 provides that every application for a mineral claIm, etc. under this Act shall contain an address for service. Sections 115 to 124 set out what the lease or entry gives to the holder of a mineral claim. Sections 125 to 131 deal with transfers of mineral claims.

Section 132 provides for the reservation of a royalty to the Cr?wn of s?ch amount as may be determined and fixed from tIme to tIme by order of the Lieutenant Governor in Council.

iii Sections 133 to 136 prescribe the term of a lease and the rental payable. Sections 137 to 142 require the operator of every mine to keep clear and aC,curate plans of his workings which are to be kept up to date and available for inspection at any time. Sections 143 to 151 deal with mineral claims belonging to deceased persons or insane persons. Such mineral claims are exempt from the requirements of this Act as to the perform­ ance of work, etc. for the period fixed by the Minister. Sections 152 to 155 require a party wall as a barrier to be left between adjoining mining operations with certain exceptions. Sections 156 to 160 are miscellaneous provisions relating to quartz mining.

Part III deals with placer mining and is found in sections 161 to 196 inclusive.

Section 161 is the

interpretation

section applicable to the Part and

section 162 deals with the application of the Part.

Section 163 deals with where and by whom claims may be acquired and the procedure to be followed. Sections 164 to 172 set out how placer mining claims shall be staked. Sections 173 to 181 deal with the recording of placer mining claims. Sections 182 to 189 deal with the representation work required to be done each year. Sections 190 and 191 provide for grouping of claims.

Section 192 deals with water rights. , Sections 193 to 195 deal with placer mining claims be­ longing to deceased or insane persons.

Section 196 provides for additional regulations to be made by the Lieutenant Governor in Council if necessary.

Part IV deals with coal mining and is found in sections 197 to 220 inclusive. Sections 197 to 201 deal with coal-mining leases. Sections 202 to 204 set out how a coal-mining location shall be staked in unsurveyed territory.

Section 205 deals with disputes over coal-mining loca- tions and sections 206 to 208 deal with surveys.

Section 209 sets out the work required to be done.

Section 210 provides for the transfer of coal-mining leases. Sections 211 to 213 set out the conditions of coal-minipg leases. Sections 214 to 216 deal with royalties. The royalty on coal belonging to the Crown and leased under this Act is

iv fixed at such rate as may be prescribed under the pro­ Yisions of the Act and is collectible in the manner specified b\' the l\linister. If the lessee fails to make prompt pay­ nient of the royalty the Minister may cancel his lease.

Section 216 deals with the royalty in the case of a cer­ ti ficate of title, agreement of sale, or lease conveying coal but reserving a royalty to the Crown.

Section 217 provides for barrier pillars in all coal prop­ erties. Sections 218 to 220 contain miscellaneous provisions re­ lating to coal-mining leases.

Part V deals with mining in road allowances and is found in sections 221 to 230. Sections 221 to 228 deal with coal-mining leases. A lease authorizing the mining of coal in a road allowance may be granted to any person who has the coal rights on both sides of the road allowance.

Section 229 provides that no lease shall be granted to mine anything other than coal under a road allowance without the approval of the Lieutenant Governor in Council.

Section 230 provides that any lessee of minerals in a road allowance shall comply ,,,ith the directions of the Minister of Public Works.

Part VI deals with petroleum and natural gas and is found in sections 231 to 275. Sections 231 to 237 deal with petroleum and natural gas leases. Sections 238 to 241 set out how a location shall be staked in unsurveyed territory.

Section 242 deals with disputes and sections 243 to 245 deal with surveys. Sections 246 to 252 deal with the work required to be done on petroleum and natural gas leases. The lessee is required to have machinery on the lease within one year and to commence drilling operations. Sections 253 to 258 set out various terms and conditions to which petroleum and natural gas leases are subject. Sections 259 to 261 deal with transfer of rights relating to to petroleum and natural gas.

Section 262 deals with unit operation of mineral rights and enables the Crown to participate in the joint develop­ ment of the area allocated to a well for production purposes. Sections 263 to 266 deal with royalties payable in respect ?f t~e productio? of pet~oleum and natural gas. The royalty IS fIxed from tIme to hme by the Lieutenant Governor in Council.

v- Sections 267 to 271 contain miscellaneous provisions re­ lating to petroleum and natural gas leases. Sections 272 to 275 deal with the selection and establish­ ment of Crown reserves.

Part VII deals with geophysical and geological exploration and is found in sections 276 to

Section 276 is the

interpretation

section and

section 277 sets out the application of the Part. Sections 278 to 289 contain general provisions relating to geophysical and geological exploration. Any person desiring to undertake geophysical or subsurface geological explora­ tion is required to be licensed. The Part requires certain re­ ports _on the work done to be filed with the Department.

Section 288 repeals The Geophysical and Geological Ex­ ploration Regulation Act, being

chapter 68 of the Revised Statutes of Alberta, 1942. The Act comes into force on the first day of April, 1949, which is the date upon which the division of the Department of Lands and Mines into two new Departments becomes effective. KENNETH A. McKENZIE, Acting Legislativ~ Counsel. (Tht's note does not form any pa1~t of the Bill but is offered in explanation of its provisions.)

BILL No. 118 of 1949.

An Act Respecting Mines and Minerals. ( Assented to ,1949.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1. This Act may be cited as "The Mines and Minerals Act."

INTERPRETATION. 2.-

(1) In this Act, unless the context otherwise re­ quires,- (a) "adjoining claims" means those which come into contact one with the other at some point on the boundary lines, or which share a common boundary; (b) "agreement" means any lease, license, reservation, permit or other agreement made or entered into un­ der the provisions of this A'ct; (c) "brine" or "saline solution" for the purpose of this Act means an aqueous solution of mineral salts occurring in a natural state, and containing more than one per ,cent of mineral salts in solution; (d) "cause" includes any suit or action; (e) "certificate of title" means a certificate granted pur­ suant to The Land Titles Act; (f) "Department" means the Department of Mines and Minerals; (g) "Director of Mineral Rights" means the officer of the Department of Mines and Minerals who bears the designation of Director of Mineral Rights, or any officer appointed to perform his duties for the time being; (h) "Director of Mines" means the officer of the Depart­ ment of Mines and Minerals who bears the designa­ tion of Director of Mines, or any officer appointed to perform his duties for the time being; : i) "disposition" means every instrument executed pursuant to the provisions of this Act whereby any estate, right or interest in any mineral is granted to any person or by which the Crown divests itself in favour of any person of any estate, right or interest

2 in any such mineral and wi~hou~ derogating from the generality of the foregOIng Includes all letters patent, transfers, deeds, conveyan~es, notificat!ons, assurances leases licenses, permIts, reservatIons, contracts, 'and ag~eements made, entered into or issued pursuant to this Act; (j) "ditch" includes a flume, pipe or race, or other artificial means for conducting water by its own weight, to be used for mining purposes; (k) "document" means any assignment, transfer, bill of sale, or other writing, which may in any way affect the title of a mineral claim; (l) "grant" means letters patent under the Great Seal of Canada and notification issued pursuant to The Provincial Lands Act and this Act; (m) "judgment" includes "order" or "decree"; ( n) "legal post" means a stake or post of any kind which,- (

i) is of sound timber of sufficient length so that when firmly planted in the ground in an up­ right position, not less than four feet of the post is above ground, and if a tree of suitable size is found in position, it may be made into a post by cutting the tree off not less than four feet from the ground; (ii) is of such diameter that when squared or faced for eighteen inches from the upper end, each face of the squared or faced portion is at least four inches in width across the face for the full eighteen inches; (iii) has a mound of stones or earth erected around the base of the post which is not less than three feet in diameter on the ground and not less than eighteen inches high, cone-shaped and well con­ stru,cted; (0) "lessee" means any person, male or female, who is named as a lessee and includes the next-of-kin, ex­ ecutors and administrators of any such person and his and their assigns respectively and includes the holder of a license, reservation, permit or other agreement; (p) "location" means the tract described in any agree­ ment; (q) "location line" means the straight line between Posts No.1 and No.2; (1') "manager" means the person responsible for the control, management and direction of a mine or quarry, or portion of a mine, quarry or works; (s) ~he noun "~ine" includes any opening or excavation In, or workIng of, the ground for the purpose of win­ ning, opening up or proving any mineral or mineral­ bearing substance and includes any ore body min­ eral deposit, stratum, soil, rock, bed of earth: clay,

3 sand, gravel or cement, or place where mining is or may be carried on, and all ways, works, machinery, plant, buildings and premises below or above ground belonging to or used in connection with the mine, and also for the purpose of Parts II and III any quarry, excavation or opening in the ground made for the purpose of searching for or removal of mineral, soil, rock, quartz, limestone, earth, clay, sand, gravel or cement, and any roast-yard, smelt­ ing furnace, mill, work or place used for or in con­ nection with crushing, redu,cing, smelting, refining, or treating any of said substances; (

t) the verb "mine" and the word "mining" includes any mode or method of working whereby the soil or earth or any rock, stone or quartz may be dis­ turbed, removed, washed, sifted, roasted, smelted, refined, crushed or dealt with for the purpose of ob­ taining any mineral therefrom, whether the same has been previously disturbed or not, and also for the purposes of Parts II and III of this Act all operations and workings mentioned in paragraph (8) ; (u) "mineral" means all deposits of gold, silver, uran­ ium and all naturally occurring minerals and with­ out derogating from the generality of the foregoing includes platinum, pitchblend and other minerals from which radium is or may be obtained, precious stones, copper, iron, tin, zinc, asbestos, salt, pe­ troleum, oil, asphalt, tar sands, natural gas, coal, limestone, granite, slate, marble, sandstone, and any other stone which is or may be quarried for any industrial purpose, sand, gravel, gypsum, clay marl and volcanic ash, but does not include earth, gravel and sand which form a portion of the surface of any land held in fee simple; ( v) "mineral claim" means any tract staked out and aG-quired under the provisions of Parts II and III of this Act; ( 10) "mining property" means any land in 'which any vein, lode, rock in place, or any natural stratum or bed of earth, gravel or cement is mined for any mineral, and includes every mineral claim, ditch or water right used for mining purposes, and all other things belonging to a mine or used in the working thereof; (x) "Mining Recorder" means an officer of the Depart­ ment of Mines and Minerals who bears that designa­ tion, or an officer appointed to perform any of the duties of the Mining Recorder; (y) "Minister" means the Minister of Mines and Min­ erals; (z) "notification" means the direction to the Registrar of Land Titles in Form A for the issue of a cer­ tificate of title;

(an) (bb) (cc) (dd) (ee) (If) (gg) 4 "officer" means any person appointed under the pro­ visions of The Public Service Act in connection with the administration of this Act; "owner" when used in Parts II and III of this Act includes every person who is the immediate pro- prietor or lessee or occupier of a mine, or of any part thereof, or of any tract located, patented or leased for mining purposes; "quarry" means any opening or excavation in the ground for the purpose of searching for or removing earth, clay, sand, gravel, rock, building-stone, lime­ stone, marble, gypsum or marl, and any place or operation classified by the Director of Mines as a quarry pursuant to this Act; and includes all works, machinery, plant, buildings, and premises below or above ground belonging to or used in connection with a quarry; "record", "register" and "registration" have the same meaning, and mean an entry in some official book kept for that purpose; "Registrar" means a Registrar of Land Titles within the meaning of The Land Titles Act; "royalty" means all royalties, dues, interest, fees, rates, charges, or other moneys payable by any per- son to the Crown in the right of the Provin~e under and by virtue of any sale, lease, license, permit or privilege for the right to win and work minerals; "township", "section", "half-section", "quarter­ section", and "legal subdivision", respectively, mean a township, section, half-section, quarter-section, or legal subdivision, as the case may be, within the meaning of The Alberta Surveys Act.

(2) Whenever the singular or masculine or neuter is used in any agreement made or entered into under the pro­ visions of this Act, or the regulations hereunder, the same shall be construed as meaning the plural or feminine or a body politic or corporate where the context or the parties thereto so require. APPLICATION OF ACT. 3. This Act applies generally to all mines, minerals and other related natural resources vested in or belonging to the Crown in the right of the Provin,ce and where the context so permits or requires to all mines, quarries and metal­ huogical works in the Province. 4.

This Act applies to the gold, silver and other minerals set apart pursuant to The Public Lands Act as an endow­ ment for the purposes of education, and which are designated school lands . . 5.-

(1) Excep~ as otherwise provided, this Act does not apply to the workIng and operating of a coal mine or to any

5 working incidental to the extraction of coal by the removal of the overlying strata; or to any drilling and production operations of oil and natural gas wells.

(2) If any question arises other than in legal proceedings, whether a mine is a mine to which this A,ct, The Coal Mines Regulation Act, The Oil and Gas Wells Act or The Oil and Gas Resources Conservation Act applies, the question shall be referred to the Minister, whose decision thereon shall be final. 6.

Nothing herein contained shall in any way apply to or affeet the disposition by sale, lease, license or permit, or in any other manner of the surface of any land under The Public Lands Act or under any Act, regulation or order of the Lieutenant Governor in Council respecting the sale and disposal of the surfa~e of such land. 7.

Notwithstanding anything contained in any lease, li.cense, permit, reservation, mineral claim or other agree­ ment relating to minerals, whether made under the pro­ visions of this Act or the Dominion Lands Act or The Pro­ vincial Lands Act and the' regulations made under the said Acts, every such lease, license, permit, reservation, mineral claim or other agreement and any renewal or re-issue thereof shall be in every respect subject to the provisions of this Act and of any regulation made from time to time or at any time under the authority of this Act, and every such provision and order shall be as binding upon the lessee, licensee, permittee or other party as though the said provision and order had been ,contained in his lease, license, permit, reservation, mineral claim or other agreement.

DIVISION OF ACT. 8. For convenience of reference only, this Act is divided '.' into Parts and classified under the following headings: Part

Section 1. ADMINISTRATION OF MINERALS. ................ 9-56 Jurisdiction of Department Officers ....................................... . Powers and Duties of Minister . Powers of Lieutenant Governor in Council Duties of Mining Recorder .... . Disposition of Minerals ...... . Lien for Rental or Royalty ... . Seizures . . . . . . . . . . . . . . . . . . . . . .. . ...... , ... . Evidence ....................................................... .

Summary Proceedings 're Forfeiture and Trespass ............ .. Miscellaneous ...... . ................................ . 9 10-11 12-18 19-20 21-23 24-31 32 33-34 35-37 38 39-56

Part II. QUARTZ MINING ..................................... .

Section 57-160 57 58 59-64 65-75 76-80 81-91 92-95

Interpretation ............... : ............................ . Application of Part ........ ;, .................... ; ...... . Acquisition of Claims .......................... ,. How a Claim Shall be Staked .............. .. Removing or Defacing Posts .................... . Recording Claims .................... , .................. . Abandonment of Claims ......................... .. Grouping .................................................. .

Representation Work Required to be Done ... ............ ...... ....... ............................. 97-101 96 Disputes ....................................................... 102-105 Certificates of Improvements .................... 106-111 Adverse Right .............................................. 112 .. 113 Address for Service ............. ~: ... :..... ............. 114 What Entry or Lease Conveys ................ 115-124 Transfer of a Mineral Claim ...................... 125-131 Royalty .....................

" ........ .. ......... .............. 132 Term of Lease and Rental ........................ 133-136 Mine Plans .................................................... 137-142 Claims of Deceased or Insane Miners ........ 143-151 Party Wall .................................................... 152 .. 155 Miscellaneous ............................................... 15 1 6-160 III. PLACER MINING ............................................ 161-196

Interpretation.. .................. ......................... 161 Application of Part .................................... 162 Acquisition of Claims ................. ............... 163 How a Claim Shall be Staked .................... 164-172 Recording Claims ............................... : ........ : .. 17'3-181 Representation Work Required to be Done 182-189 Grouping ...... ..................................... 190-191 Water Rights .............................................. ,. 192 Claims of Deceased or Insane Persons .... 193-195 Miscellaneous .. .... .. .. .. ... ................... 196 IV.

COAL MINING ................................................. 197-218 Leases .............. ....................................... 197-201 How a Location Shall be Staked. 202-204 Disputes.............. ......................................... '205 Surveys .......................................................... 206-208 Work Required to be Done ................. 209 Transfer of Lease ........... ".:.:.:;; ................. :.... 210 Conditions of Lease ........ ;.; .. : ................ , ........ 211-213 Royalty on Lease ..........................................

" 214-215 General Royalty Provision........................ 216 Miscellaneous..... ... . .. . . ..... ...... .... ........ . . .... . . .... 217 -220 V. MINING IN ROAD ALLOWANCES 221-230 Coal-mining Leases ........................... 221-228 Other Leases .. ........... .............. 229 General .. . .. ... . ..... ........... ........ 230 VI. PETROLEUM AND NATURAL' GAS. 231-275 Leases............. ...... ....... 231-237 How a Location Shall be Staked . 238;.241 Disputes ......... .............................. " 242

7 Part Surveys ............................. . Work Required to be Done ......... .... .. Terms and Conditions of Lease . Transfer of Rights ................... . Unit Operation .... .................. .... ..... . Royalty ..................... . Miscellaneous ..... . Crown Reserves . VII. GEOPHYSICAL AND GEOLOGICAL EXPLORATION

Interpretation ............. ........... . Application of Part .. . General ....................................... .

PART I. ADMINISTRATION OF MINERALS. JURISDICTION OF DEPARTMENT.

Section 243-245 246-252 253-258 259-261 262 263-266 267-271 272-275 276-289 276 277 278-289 9·. The Department of Mines and Minerals shall ha ve jurisdiction over and shaH control and administer all matters anywise connected with the application of this Act and without restricting the generality of this provision shall control and regulate, receive and administer, or invoke and enforce, as the case may be,- (

a) all the rights, properties, interests, claims and de­ mands of the Province in mines and minerals and their uses and dispositions for development; (

b) all revenues and moneys of the Province arising from mines and minerals; (

c) rules and regulations relating to operation of mines. including working conditions and any other matter incidental to the extraction of minerals; (

d) conservatioJ1 of sub-surface natural resources; (

e) prevention of fires and explosions; (

f) disposition of sub-surface natural resources held by the Crown by notification, sale, exchange, lease, license, permit, reservation or other agreement; (

g) extraction, classifying, measuring, manufacturing or processing of the raw or manufactured products or by-products of sub-surface natural resources; (

h) Rtatlltes, rules and regulations relating to the pro­ tection, management and administration of the nat­ nral resources covered by this Act; (

i) the exploration of the mineral resourceR and develop­ ment of any mining property;

en 8 geophysical operations including air-borne magnetic surveys and geological explorations by,- (

i) prohibiting any person from commencing or undertaking any geophysical operations or any examination of the sub-surface geology in the Province unless he is licensed so to d{l by the Minister; (ii) prescribing the nature and extent of the license and the terms upon which it shall be issued: (iii) prescribing the fees to be charged and cash bonds required upon the granting of the license. OFFICERS. 10.

Subject to the provisions of The Public Ser'vice Act. the Minister may appoint a Director of Mineral Rights, a Director of Mines, a Provincial Geologist, a Provincial Assayer, inspectors, Mining Recorders and such other officers and agents as he may deem necessary, who shaH nerform such duties as may be assigned to them, and the Provincial Geologist shall be ex officio an inspector. 11.

Notwithstanding- anything in The Public Service Act. the Minister may employ any person for any specialized service or to investigate the mineral resources of Alberta or for any work in connection with this Act and may pay him for such services at such rate as may be agreed upon, out of any money appropriated by the Legislature for that purpose. POWERS AND DUTIES OF MINISTER. 12.

The Minist€r may from time to time prescribe the forms to be used under this Act which he deems necessarv in connection with its administration, or he may adopt o'r cause to be adopted any other form which he considers appli­ cable to any special case. 13. All agreements issued or made pursuant to the pro­ visions of this Act may be executed on behalf of the Crown by the Minister or the Deputy Minister, or by any other officer of the Department authorized in writing for the pur­ pose by the Minister. 14.

The Minister shall annually lay before the Legisla­ tive Assembly, within fifteen days after the opening of the first session in each year,- (

a) a report of the proceedings, transactions and affairs of the Department of Mines and Minerals during the fiscal year next preceding;

9 (

b) a copy ()f every regulation and order made by the Lieutenant. Governor in Council under the authority of this Act. ~ 15. The Minister may refuse or withhold the issue of a lease or a renewal thereof, and may cancel a lease issued in error and, in his discretion, may refund moneys paid in connection therewith. 16. The Minister may restrict the disposition of any specific mineral in any particular district in any manner he may consider warranted. 17. Any decision of an officer of the Department made under any of the provisions of this Act shall be subject to an appeal to the Minister. 18.-

(1) Whenever it is deemed necessary in the opinion of the Minister for the proper carrying out of any of the provisions of this Act relating to the commencement of work, operating and working- or abandonment of any mineral claim or location, he may at any time by notice in writing require any owner, lessee or operator to furnish cash security in such amount as he may prescribe, and such ~ecurity shall be retained until the work is completed to the ~atisfaction of the Minister.

(2) Upon failure by such owner, lessee or operator to comply fully with the requirements of the Minister within the time prescribed and as set forth in the notice, the Min­ ister may use the cash security or such portion thereof as may be necessary in carrying out such requirements. POWERS OF LIEUTENANT GOVERNOR IN COUNCIL. 19. The Lieutenant Governor in Council from time to time may,- (a,) exchange any minerals for other minerals in the Province, with any person or corporation, if the reason for the exchange is set forth in the order; (

b) authorize the Minister to issue a lease applicable to any special case for which no provision is made by this Act; (

c) make regulations,- (

i) in relation to the exploration of the mineral (ii) (iii ) resources ; respecting development of any mining property to which this Act applies; relating to the operation of mines, including working conditions and any other matter inci­ dental to the extraction of minerals;

10 (iv) for the leasing or other disposal of any.minerals and for which no provision is ma~e by this Act; (

d) withdraw any mineral from disposition either in­ definitely or for such period as may be specified in the order or until the order is cancelled, and there­ upon no person shall during the continuance of the order have the right to acquire such mineral in, upon or under the lands specified in the order, or to exercise in relation to such mineral any of the rights conferred by this Act; (

e) provide that any statement or return required by this Act or by any regulations made under it shall be verified on oath; (

I) divide the Province into districts and prescribe the time when and the conditions upon which the min­ eral in any district or any part t.hereof shall be available for disposition; (

g) establish a tariff of fees,- (

i) pertaining to any leas·e, license, reservation, permit, renewal or other agreement; and (ii) for the registration of assignments; and (iii) for the filing and discharge of mechanics' liens; and (iv) for all copies of maps, plans, field notes, docu­ ments, papers or other records of the Depart­ ment; (

h) reinstate any agreement, lease, license or permit that has been relinquished, cancelled or forfeited upon sueh terms and conditions as may be prescrib­ ed, if the rights are available and if application for reinstatement is made within six months of the date of relinquishment, cancellation or forfeiture; (

i) make such regulations and orders, not inconsistent with this Act, as are necessary to carry out the provisions of this Act according to their true intent, or to carry out the agreement of transfer,or to meet cases which may arise and for which no provision is made by this Act; (

j) authorize the Minister to enter into any agreement or agreements with His Majesty in the right of Canada which transfers to Canada for National Park purposes all the right, title and interest of His Majesty in the right of the Province to any mines and minerals. 20. Regulations and orders made by the Lieutenant Gov­ ernor in Council pursuant to this Act shall be published in The Alberta Gazette and thereupon shall have the same force and effect as if they had been enacted by this .Act.

11 DUTIES OF MINING RECORDER. 21. Every Mining Recorder shall keep the books pre­ scribed by the Minister to be . used for the recording of applications, mineral claims, entries and locations of mining rights granted by this Act, ·and an extract of such applica­ titms, mineral claims and entries shall be filed with the Deputy Minister at such times as he may prescribe. 22.

Every entry made in any of the Mining Recorder's books shall show the date upon which such entry is made and such books of records as· authorized by the Minister, shall during office hours, be . open to public inspection upon pay­ ment of a fee in ,connection with each search. 23. The Mining Recorder shall obtain the moneys directed to be paid to him before he makes any entry in any record book and he shall remit such moneys as he may be directed by the Minister. DISPOSITION OF MINERALS. 24.-

(1) No mineral belonging to the Crown in the right of the Province, together with the right to win, work and get the same shall be sold unless the sale is specifically authorized. by the provisions of

an Act of the Legislative Assembly.

(2) Upon any person becoming entitled to receive a title in fee simple to any minerals to whi,ch this Act applies, a notification in Form A in the

Schedule shall be issued; and (

a) it shall be signed by the Minister or by the Deputy Minister or the person for the time being acting as Deputy Minister or by any other officer of the De­ partment authorized for the purpose by the Minister in writing; and (

b) it shall be countersigned by the Director of Mineral rights or any person acting as Director in his ab­ sence; and (

c) it shall be forwarded to the Registrar of Land Titles for the district in which the minerals are situate~

(3) Before issue of the notification the person entitled to receive the notification shall pay to -the Minister the pre­ scribed fee payable under The Land Titles Act.

(4) The Minister shall forward the fee paid together with the notification to the Registrar of Land Titles for the dis- trict in which the minerals are situate. .

(5) In the event of a notification issuing to or in the name of a person who is dead the notification shall not be void for that reason but the title to the minerals thereby granted or intended to be granted shall vest in the heirs, assigns, devisees or other legal representatives of the deceased per-

12 son according to the laws in force in the Province as if the notification had issued to or in the name of the deceased person during his lifetime.

(6) If a notification has issued to or in the name of a wrong person or contains any clerical error, misnomer, or wrong or defective description of the minerals thereby in­ tended to be granted, or if there is in it an omission of the conditions of the grant or certificate the Minister, if there is no adverse claim, may direct the defective notification to be cancelled and a correct notification to be issued instead.

(7) The correct notification shall relate back to the date of the notification cancelled and shall have the same force and effect as if issued at the date of the cancelled notification. 25. No person shall have the right to enter, locate and prospect for minerals or stake out a mining claim upon any land o'wned or occupied by any person unless he has the written consent of the owner, or his agent, or of the occupant of the land. 26.

An applicant for a lease shall have no right to conduct operations on the location applied for until a lease in his favour has been issued unless otherwise notified in writing by the Director of Mineral Rights. 27. If in consequence of any error in surveyor other error or c'ause whatsoever an agreement is found to cover any mineral included in any grant, sale, lease, license, permit or other document of prior date, the later agreement shall be void in so far as it interferes with any previous grant, sale, lease, license, permit or other agreement. 28.

Upon the registration of an 'assignment of a divided portion of a lease, license, permit, instrument or document there shall be issued to the assignee a substitutional lease, license, permit, instrument or document conforming with and subject to the provisions of this Act and any regulations made under authority of this Act in force at the time of the registration of the assignment. 29. There shall be implied in every disposition of min­ erals pursuant to this Act any and all reservations which are required to be made upon the disposition of any minerals belonging to the Crown in the right of the Province. 30.-

(1) There shall be reserved to His Majesty on the minerals or any of them that may be won, worked or re­ covered pursuant to any agreement or mineral claim made under this Act, such royalty as may be prescribed from time to time by the Lieutenant Governor in Council which is appUcable during the term of the agreement or mineral claim or any renewal thereof.

(2) Notwithstanding the terms, conditions and provisions of any lease or other agreelnent or of any sale as a result of which a certificate of title has been issued, whether made by the Crown in the right of the Dominion of Canada or by the Crown in the right of the Province, and which is subject to the payment of a royalty on the minerals or any of them, the royalty to be computed, levied and collected other than the royalty prescribed by

section 216 shall be the royalty pre­ scribed by the Lieutenant Governor in Council from time to time.

(3) The royalty shall be payable on any mineral when and where obtained, recovered or produced.

(4) The Lieutenant Governor in Council when fixing the royalty on any mineral, including any liquid hydro-carbon other than crude oil, may give consideration to the costs in­ curred in recovering or processing the mineral or liquid hydro-carbon and for the purpose of ascertaining the actual costs may refer the question to the Board of Publfc Utility Commissioners.

(5) For the purpose of this

section "mineral" in addition to the meaning set out in paragraph (

u) of subsection (1) of

section 2, includes any hydro-carbon obtained by mining, separation, absorption or polymerization, or as a result of some operation or work, labour, study or skill, or through chemical reaction, or by means of any other process or re­ action. 31.-

(1) Notwithstanding the prOVISIOns of

section 5, where mining has been carried on or excavations made in or upon any lands, and the work has ceased, no person shall re­ move or cause or permit to be removed from the land occupied in connection with the mining operations, any machinery, tools, plant, building, erections or fixtures with­ out the written authority of the Minister first had and obtained, and any person contravening the provisions of this

section shall be guilty of an offence and liable on

summary conviction to a fine of not less than five hundred dollars and costs nor more than two thousand dollars and costs.

(2) When applying for such permission, the applicant shall satisfy the Minister that all excavations on the lands have been filled or covered over in such a manner that the land is safe to travel over and that the removal, permission for which is asked, will not impair any of the supports, timbers or frameworks in such a manner as might cause the mine to fall, cave in or give way. LIEN FOR RENTAL OR ROYALTY. 32.-

(1) Where under the provisions of this Act, The Provincial Lands Act or the Dominion Lands Act, the right to any minerals has been granted by lease, license, permit, sale or any other disposition and pursuant to any such Act or

14 the regulations thereunder there is reserved by such dis­ position or otherwise to the Crown, any rental or royalty with respect to any such minerals, the Crown in the right of the Province shall have a lien or charge from the time when any such rental or royalty becomes due and owing upon the interest of the grantee in the minerals granted by any such lease, license, permit, sale or other disposition and upon all the buildings, tipples, structures, machinery, chattels, tools or equipment of every kind or description upon or under the surface of the lands described in any such lease, license, permit, sale or other disposition and used in connec­ tion with the winning or recovery of any minerals, or in the search for any minerals, irrespective of who may be the owner of same for the amount of such rental and royalty and any interest or penalty added thereto pursuant to the pro­ visions of such Act or regulations.

(2) The said lien or charge shall be a first lien or charge upon all the property described in subsection (1) having priority over all mortgages, bills of sale, charges and liens of every description, irrespective of whether such other charges were created before or after such liens or charges became effective or before or after the passing of this Act and notwithstanding the provisions of any other Act hereto­ fore or hereafter passed.

(3) So long as the lien or charge created by subsection (1) continues, no person shall remove or authorize or assist in the removal of any property subject to the said lien from the premises where it is situate until he pays to the Minister all amounts owing under the said lien or charge, and any person violating the provisions of this subsection shall be guilty of an offence and liable on

summary convi,ction before a police magistrate to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both fine and imprisonment.

(4) The Minister may,- (

a) before any machinery, chattels, tools or equipment are placed upon a location, agree in writing that the lien or charge created by subsection (1) shall not arise in respect thereof or of any portion thereof; (

b) after any machinery, chattels, tools or equipment have been placed upon a location, authorized in writing the removal thereof or any portion thereof, and thereupon the lien or ,charge upon the same shall absolutely cease and determine.

(5) Any person purchasing or otherwise acquiring any of the property described in subsection (1) shall take the same subject to any lien or charge then existing against it arising under the provisions of the said subsection and shall be deemed to be indebted to the Crown in the right of the Province in a sum equal to the rentals or royalties including interest and penalties thereon owing to the Crown with re­ spect to the said property or any part thereof.

(6) Any rentals or royalties with interest and penalties thereon imposed pursuant to any of the said Acts or the regulations, and unpaid, may be recovered by action in any court of competent jurisdiction in the name of the Minister against the person primarily liable therefor or against a purchaser of the property described in subsection (1).

(7) Whenever any lien or charge is created by subsection (1) and it appears,- ' (

a) that default has been made by an employer in the payment of assessments pursuant to the provisions of The Workmen's Compensation Act; and (

b) that the Workmen's Compensation Board has a lien on property of the employer to which the lien created by subsection (1) attaches,- the Minister may ascertain the amount of the assessments in default, and that amount may be added to the amount due to the Crown and secured by the lien or charge, and shall be recoverable as provided by this Act.

(8) Any moneys recovered shall be applied firstly toward the payment of royalties and then pro Tata on the claim of the Workmen's Compensation Board, and the other claims of the Crown secured by the lien until the same are paid in full, the balan,ce, if any, to be distributed by the Minister to the persons entitled thereto.

(9) In addition to any other remedy herein provided, the Minister may proceed in accordance with the provisions of

section 33 in so far as the same refers to rents, royalties, interest and penalties payable in respect of any mines and minerals, and if a bid is not made at the auction amounting to the sums due as aforesaid, the property may be disposed of at a private sale. SEIZURES. 33.-

(1) Notwithstanding anything in The Seizures Act or any other Act to the contrary, in case any default is made in the due payment of any rent or any money payable by way of rent or on a·ccount of royalty, or on account of any pur­ chase price, which is payable to the Crown in the right of the Province under and by virtue of any lease, license, permit, agreement of sale or other disposition made, entered into or issued pursuant to any of the provisions of this Act, The Provincial Lands Act or any Act of the Parliament of Can­ ada, then and in every such case and whether the same is demanded or not, the Crown shall have the right to levy the same by distress,- (

a) in case the sum for which distress is levied is for rent and royalty or either of them, payable in respect of any mines and minerals, upon all or any of the goods and chattels which shall then be found in, on or about any property which is used or occupied for the purpose of the operation of any mine, or the mining and getting of any minerals, as the case may be, not­ withstanding that the same may be subje~t to any mortgage, lien or other incumbrance, if the mine or

(b) 16 minerals are held of the Crown under any lease, license, permit, agreement of sale or other disposi­ tion, by the person who is liable for the payment of the sum for which the distress is made or by any other person claiming by, through or under him; in all other cases, upon all or any of the goods and chattels which shall then be found upon any land whatsoever which is for the time being owned by or in the occupation of or under the control of the per­ son for the time being liable for the payment of the rent or purchase price in respect of which the dis­ tress is levied, notwithstanding that the same may be subject to any mortgage, lien or other in­ cumbrance.

(2) For the purpose of levying any distress under this section, the l\1inister is hereby empowered for and on be­ half of the Crown to issue a distress warrant under his hand addressed to the sheriff of the judicial district within which is situate the premises upon which the distress is to be made, directing him to levy by distress the sum mentioned therein upon the goods and chattels found upon the premises specified therein, and upon receipt of any such warrant, the sheriff shall execute it by the seizure and unless he is sooner paid, by the sale of the goods and chattels seized, and every seizure and sale shall be subject to the provisions of The Seizures Act.

(3) The forfeiture, cancellation or surrender of a lease, license, permit agreement of sale or other disposition shall not debar or nullify any pro,ceedings taken under this section, whether before or after the occurrence of the for­ feiture, seizure or cancellation and all proceedings taken shall be continued as if the lease, license, permit, agreement of sale or other disposition were in force and effect. 34.-

(1) When any mining property comprising min­ erals or improvements becomes subject to forfeiture under

section 38 the Minister shall require an officer of the De­ partment to make a report in writing regarding the mining property as to the nature and extent of the minerals re­ covered and the improvements made thereon.

(2) The Minister upon the receipt of any such report-and upon being satisfied thereby that the property is liable to confiscation to His Majesty may by writing declare that the property is confiscated, and thereupon the property shall be­ co~e. the prop.er~y of H.is Majesty and all rights of property eXIstIng thereIn ImmedIately before the making of the order shall cease and determine.

(3) The Minister may cause the property to be sold in such manner and subject to such terms and conditions as he may prescribe ?r he shall order the return of the property to the person 111 whose possession it was at the time of seizure.

17 EVIDENCE. 35. Copies or photostatic copies of any records, docu­ ments, plans, books or papers belonging to or deposited in the Department attested under the signature of the Minister, Director of Mines, Director of Mineral Rights, or any chief clerk or officer thereunto authorized by the Minister, and of plans or documents in any office of a IVIining Recorder, attested as aforesaid, or under the signature of the officer in charge of the office, shall be competent evidence in all cases in which the original documents, books, plans, or papers would be evidence. 36.

Lithographed or other copies of maps or plans pur­ porting to be issued or published by the Department, or the Government of Canada, shall be received in all courts and proceedings as prima facie evidence of the originals, and of the contents thereof. . 37.

All affidavits, oaths, statutory declarations or solemn affirmations required to be taken or made under this Act, except as herein otherwise provided, may be taken before the judge or clerk of any court, or any justice of the peace, or any commissioner for oaths, or any notary public, or any Mining Recorder, or any person specially authorized by this Act or by the Lieutenant Governor in Council or by the Minister~ to take or receive the same.

SUMMARY PROCE,EDINGS RESPECTING FORFEITURE AND TRESPASS. 38.-

(1) The winning, working or getting of minerals which are the property of the Crown without an agreement or mineral claim gives to the person winning, working or getting such minerals no right thereto and such person may be ejected as a trespasser and any minerals recovered and improvements made by him shall thereupon be forfeited to the Crown.

(2) The Minister may, by notice in writing, require any person who is for the time being winning, working or getting such minerals otherwise than pursuant to an agreement or mineral claim, to forthwith cease his operations, any any person who does not comply with the notice forthwith upon the service thereof upon him, shall be guilty of an offence and liable on

summary convic­ tion to a fine of not more than one hundred dollars and costs, and in default of payment to imprisonment for a term of not more than sixty days. MISCELLANEOUS. 39. If any money payable under any agreement, mineral claim, lease, license, permit or other disposition is not paid within one month from the date on which it became due, it shall bear interest at the rate of five per cent per annum from the due date.

18 40. For the purposes of this Act, any agreement made pursuant to any of the provisions of this Act whereby any person enters into any obligation with the Crown shall, in the case of a body corporate, be deemed to be sufficiently executed if sealed with the corporate seal of the body corporate and countersigned by one officer of the corporation, notwithstanding anything contained in any statute, or charter of incorporation, or memorandum of association, or articles of asso,ciation to the contrary. 41.

Notwithstanding the terms or provisions of any lease, license, permit or other agreement now subsisting made by the Province or by the Dominion of Canada or which may be granted pursuant to the terms of this Act, the de­ mand or acceptance of rent or royalty in respect of any lease, license, permit or other agreement shall not be deemed a waiver of the right of the Minister to enforce the observance of any covenant, ,condition or regulation made whilst the demised premises are held, or the right to forfeit the lease, license, permit or other agreement for breach of any coven­ ant, condition or regulation committed before or after the making of the demand or the acceptance of the rent or royalty. 42.

It shall be lawful for the Minister or for anyone authorized by him at any time to enter upon any location or mineral claim and have access to any mine, works, well, record, plant, building and equipment, and the lessee of the location, his representative or operator or the owner of the mineral claim, his representative or operator, shall render the Minister or person authorized such assistance as may be necessary or essential. 43.-

(1) Notwithstanding the prOVISIOns of

section 5, should the Minister have reason to believe that operations on any location or mineral claim are not being conducted in strict conformity with the provisions of this Act, or that such operations are being so conducted as to expose others !o the risk of damage or loss, he may authorize a mining Inspector, or other person named by him, to enter the mine, works, plant, buildings and structures, and to remain for such period or periods as the Minister may deem necessary, for the purpose of enforcing compliance with such provisions and remedying existing defaults.

(2) The Minis!er may charge and may collect from the lessee of the locatIon, or the owner of the mineral claim the expenses incurred in connection with the supervisio~ so authorized by the Minister.

(3) Failure on the part of the lessee of the location or the recorded owner of the mineral claim to make payment in full of th~ expense.s . so h;curred shall render the agree­ ment .or m~neral claIm ~u?Ject to immediate cancellation, in the dIscretIon of the MInIster, at the expiration of a period

19 of thirty days after the date upon which notice of such in­ debtedness was sent to the last known place of address of the lessee or recorded owner. 44. In determining the size of a location or a mineral claim all measurements shall be taken horizontally, irrespec­ tive of the inequalities of the surface of the ground and the boundaries beneath the surface shall be the vertical planes or lines in which the surface boundaries lie. 45. No company shall acquire by assignment or other­ wise an agreement under the provisions of this Act unless it is a company registered under the provisions of The ComlJanies Act of the Province of Alberta. 46.-

(1) All covenants and conditions contained in or imposed by any agreement granted to any minor of the age of nineteen years or upwards shall be as binding upon the minor as if he were of full age.

(2) Any nlinor who has acquired from the Crown in the right of the Province, any agreement relating to or affecting mines and nlinerals under the provisions of this Act, shall not assign, transfer, sublet, or part with the possession of any such agreement, unless and until he has attained the full age of twenty-one years.

(3) Upon attaining the age of twenty-one years, the minor shall forthwith ratify and confirm the agreement entered into by him during his minority with the Crown in the right of the Province, and failure so to do within a reas­ onable time after reaching his maj ority shall render the agreement subject to

summary cancellation in the discretion of the Minister. 47. In the absence of the Deputy Minister of Mines and Minerals or the Director of Mineral Rights, all the powers, duties, rights and -capacities which are by this A~t vested in or conferred or imposed upon such offi-cials shall be vested in, conferred and imposed upon any other person appointed or authorized by the Minister to carryon such powers, duties, rights and capacities as if such person had been named herein. 48.

The Department of Lands and Forests and the officers, clerks, and servants of the said Department of Lands and Forests shall render such services to the Department of Mines and Minerals as may be required of them from time to time and all maps, books, papers, correspondence, records or other matters or things in the Department of Lands and Forests shall be open to and may be examined by the Minister of Mines and Minerals or the officers and clerks of the De­ partment of Mines and Minerals in the discharge of their departmental duties. 49.

The lessee of a location or the owner of a mineral claim shall cause to be cleared of combustible material such

20 area around any mine, well or other works constructed or operated by him as may be required by the Director of Mineral Rights, and where necessary and practicable, the lessee or owner shall construct and maintain a ploughed fire guard around such area. 50.-

(1) The machinery and equipment which the lessee installs on a location or the owner installs on a mineral claim shall include suitable fire fighting equipment to be maintained in a state of efficiency for immediate use in the event of fire.

(2) Every engine operated by steam power that is used on a location or mineral claim shall be provided with and have in use approved and efficient appliances to prevent the escape of fire from the furnace or ash pan or from the smoke stack of such engine including a spark-arrester in connec­ tion with the smoke stack, which appliances shall be kept properly fitted and in a proper state of repair.

(3) Every engineer in charge of any such engine shall use all the necessary means and appliances to prevent the esca pe of fire. 51. The interest of any person other than the Crown in any mineral, the property of the Crown, shall be liable to assessment and taxation but it shall not be subject to the provisions of any statute relating to the recovery of taxes. 52. The lessee of a location or the owner of a mineral claim shall pay and discharge all rates, assessments and taxes now charged or hereafter to be charged upon the loca­ tion or mineral claim. 53.-

(1) The Director of Mines may summarily order any mining work to be carried on so as not to interfere with or endanger the safety of the public or any employee engaged in the mining work, or any public work or highway, or any mining property, mineral claim, drain or flume.

(2) The Director of Mines may order any person to either fill up or guard any abandoned mine or works in such man­ ner as the Director deems proper. 54.

Any moneys realized from the disposition of minerals contained in school lands set apart pursuant to The Public Lands Act as an endowment for the purposes of education after d~ducting the cost of management shall be paid an­ nually Into the General Revenue Fund of the Province to­ wards the support of schools organized and carried on in accordance with the law of the Province and the moneys so paid shall be distrib~lted for that purpose by the Government In such manner as It deems expedient. 55.

Every person guilty of an offence against this Act for which no penalty is prescribed shall be liable on sum­ mary conviction to a penalty not exceeding five hundred

21 dollars, and in default of payment to imprisonment for a term not ex·ceeding six months, or to both fine and imprison­ ment. 56. If, before or at the time of a public sale of the right to an agrrement, any person by intimidation, combination or unfair management, hinders or prevents, or attempts to hinder or prevent, any person from bidding upon or pUl''Chas­ ing the rights offered fqr sale, the offender and his or their aiders and abettors shall, for every su'Ch offence, be guilty of an offence, and liable on

summary conviction to a penalty not exceeding four hundred dollars, and in default of pay­ ment, to imprisonment for a tern1 not exceeding two years ..

PART II. QUARTZ MINING.

INTERPRETATION . . 57.-In this Part, unless the context otherwise requires,- (a) "entry" means the record of a mineral daim in the books of the Mining Recorder and includes the cer­ tificate of record which may be issued for such claim; (b) "fractional daim" means any mineral claim of less than the full size; (c) "full daim" means any mineral claim of full size located pursuant to the provisions of

section 60. APPLICATION OF PART. 58.-

(1) This Part applies to all deposits of gold, silver and all naturally oc'Curring useful minerals other than placer deposits, salt, coal, petroleum, natural gas, bitumen and oil shales.

(2) This Part does not apply to limestone, marble, clay, gypsum, any building stone when mined for building pur­ poses, earth, ash, marl, gravel, sand or any element which in the opinion of the Minister forms a portion of the sur­ face of the land. ACQUISITION OF CLAIMS. 59.-

(1) Every person eighteen years of age or over personally, but not through another except as provided in

section 87, may enter, locate and prospect upon any vacant Crown lands for any mineral to which this Part applies and upon all other lands the right to enter on which is reserved to the Crown.

(2) Notwithstanding the provisions of

section 25 or the provisions of any other Act a bona fide prospector may enter, locate, prospect and stake out a claim for minerals to which this Part applies on lands owned or occupied by any person except,- (

a) lands on which any building, church or cemetery is located; or

22 (

b) lands within the curtilage of a dwelling house; or (

c) lands on which crops that may be damaged by the prospecting are growing; or (

d) lands used for a garden, nursery or pleasure ground; or (

e) lands upon which any spring, artificial reservoir or dam is situate; or (

f) lands suitable for water po;wer; or (

g) lands lawfully occupied for mining purposes. 60.-

(1) Any person desiring to locate a mineral claim may enter upon the lands and locate a rectangular tract not exceeding one thousand, five hundred feet in length by one thousand, five hundred feet in breadth, subject to the pro­ visions of this Act with respect to land which may be located for such purpose, and subject in extent to the rights acquired to any claim or claims previously located in the vicinity, on which such claim may encroach.

(2) Where a number of claims have been located in close proximity, priority of location shall be deemed to convey priority of right to the claims so located.

(3) No locator shall have any prior rights until he has located his claim in accordance with the provisions of this Act.

(4) Priority of right shall in ea'ch case be subject to the claim being recorded within the delays specified in this Act, and subsequently maintained in good standing.

(5) All angles shall be right angles, ex'cept in cases where a boundary line of a previously located claim is adopted as common to both claims but the boundaries need not necessarily be due north, south, east and west lines. 61.-

(1) Any person desiring to locate a fractional mineral claim may enter upon land and locate any tract lying between and bounded on opposite sides by previously located mineral claims and known by the locator to measure less than the area described in

section 60 as a fractional mineral claim, subject to the provisions of this Act with respect to land that may be located for such purpose.

(2) A fractional mineral claim need not be rectangular in form and the angles need not necessarily be right angles, and the lines of the previously located mineral claims, whether surveyed or not, between which the fractional mineral claim is located, may be adopted as the boundaries of the fractional mineral claim. 62. Any person in one calendar year in anyone mining district may stake out and apply for not more than seven claims as follows: (

a) Not more than three claims in his own name; (

b) Not more than two claims each for not more than two other persons under

section 87. 63. Any person having located and recorded a mineral claim . shall not locate another claim in the same mining

district, either in his own name or in the name of any other person, for a period of twenty days from the date of such location. 64.-

(1) The Mining Recorder with the consent of the Minister may record a claim for the mining of iron and mica, not exceeding one hundred and sixty acres in area, which shall be bounded by north and south and east and west lines astronomkally, and its breadth and length shall be equal.

(2) A claim so recorded shall include the right to the iron and mica only and all the requirements as to the location and survey of other claims shall govern such claims as far as they can be made to apply, but the amount to be expended each year in representation work, or to be paid in lieu thereof, shall be double the amounts pres<cribed in sections 97 and 98. HOW A CLAIM SHALL BE STAKED. 65.-

(1) The locator shall mark e.ach claim on the ground by two legal posts firmly planted in the ground, one at each extremity of the location line, which shall be known as post No.1 and post No.2.

(2) The location line may have any astronomical bearing or direction, but must be a straight line measured horizont­ ally between the posts.

(3) The distance between post No. 1 and post No. 2 shall not exceed one thousand, five hundred feet, but it may be less. <66.-

(1) The locator shall place inscriptions on these posts which he shall clearly and legibly mark by knife, mark,;. ing iron or crayon, so they will not become illegible or obliterated.

(2) The inscriptions shall be sirnilar to the following examples: Inscription on Legal Post No.1 No.1 "Apex" E. 800 R. 700 L. Aug. 10, 1946 Robert R. Jones Inscription on Legal Post No.2 No.2 "Apex" Aug. 10, 1946 Robert R. Jones Inscription on Witness Post W.P. "Apex" Aug. 10, 1946 Robert R. Jones 200 feet N. 67. The locator shall mark on post No. 1 on the side facing in the direction of post .N o. 2, beginning near the. top of the portion faced and extending downward, the followIng:

(a) (b) (c) (d) (e) (I) (g) 24 No.1; the name given to the claim; the letter indicating the direction of post No.2, namely, "N" for north or northerly, "S" for south or southerly, "W" for west or westerly, and HE" for east or easterly; the number of feet lying to the right and the num­ ber of feet lying to the left of the 10,cation line, "R" for right and "L" for left; the month and day of the month upon which th~ claim was staked; the year; the name of the person locating' the claim. 68. The locator shall mark on post No.2 on the side facing in the direction of post No.1, beginning near the top of the portion faced and extending downward, the following: (

a) No.2; (

b) the name given to the claim; (

c) the month and day of the nlonth upon which the claim was staked; (

d) the year; (

e) the name of the person locating the claim. 69. The locator standing at post No.1 and facing in the direction of post No.2 shall have the right and left of the location line to his right and left respectively. 70. The markings on the posts of a fractional claim shall be the same as those upon a claim of the full size, with the addition of the letter "F" for "fractional" immediately below the name given to the claim, and below this the length of the location line in feet. 71.-

(1) In case it is found impossible, owing to the presence of water or other insurmountable obstacle, to set post No. 2 in its proper position at one end of the location line, the locator may set up a "witness post" on the location line as near as possible to where post No.2 should have been placed.

(2) Upon this witness post the locator 8hall place, in addition to the material already prescribed to be placed on post No.2, the letters "W.P." and the distance in feet and the direction of the point at which post No'. 2 would have been placed had it been possible to do so. 72.-

(1) If a locator marks his claim by means of a witness post and it is subsequently ascertained, to the satis­ faction of the Director of Mineral Rights, that such action was not necessary, and that it was possible at the time to set post No. 2 in its proper place on the location line, then the

25 Director of Mineral Rights shall consider and deal with the witness post as post No.2 of the claim and shall regard it as the termination of the location line. .

(2) Post No. 1 shall not under any circumstances be marked with a witness post. 73.-

(1) When a claim has been located the locator shall immediately mark out the location line joining post No.1 with post No.2 so that it may be distinctly seen at every point throughout its entire length.

(2) In a timbered locality the locator shall open up the line throughout its length by ·cutting away trees and underbrush and removing obstructions so as to give a clear view of the line throughout its entire length and of the posts marking the claim.

(3) The trees at each side of and adjoining the location line shall also be marked by placing on each tree three blazes, one blaze on each tree facing the location line and one blaze on each side of the tree in the direction of the said line.

(4) In a locality where there is neither timber nor under­ brush the locator shall set posts or erect monuments of earth or rock, not less than eighteen inches high and three feet in diameter at the base, so that such line may be distinctly seen throughout its entire length. 74.-

(1) The sides of a mineral claim of full size shall be parallel to the location line of the claim, subject, however, to the location of any claims previously located.

(2) The ends of a mineral claim shall be at right angles to the location line, subject, however, to the location of claims previously located.

(3) The location line may form one of the sides of a mineral claim, or a portion of the claim may lie on either side of the location line, but the number of feet lying to the right of the location line together with the number of feet lying to the left of the. location line shall not exceed one thousand, five hundred feet. 75.-

(1) The locator shall give particulars of all in­ scriptions put on posts Nos, 1 and 2 to the Mining Recorder, in writing, at the time the claim is recorded and the par­ ticulars shall form a part of the record of the claim.

(2) The locator shall submit with his application a plan in duplicate, showing as clearly as possible,- (

a) the position of the claim applied for in its relation to the prominent topographical features of the district and to the adjoining claims, or some other known point; and (

b) the position of the posts by which the claim is marked on the ground.

26 REMOVING OR DEFACING POSTS. 76.-

(1) No person shall nlove post No.1, but post No.2 may be moved by an Alberta land surveyor when he finds upon making the survey, that the distance between post No. 1 and post No. 2 exceeds one thousand, five hundred feet in order to place post No. 2 at a distance of one thousand, five hundred feet from post No.1 on the line of location.

(2) When the distance between post No.1 and post No. 2 is less than one thousand, five hundred feet, post No.2 shall not be moved. 7'1. Except as provided in sections 76, 79 and 80, no per­ son shall move any legal post or deface or alter in any man­ ner the inscriptions on any legal post. 78. Any person who wilfully removes or disturbs any legal post, stake, picket or other mark placed under the pro­ visions of this Act or defaces or alters in any manner the inscription on any legal post, shall on

summary conviction be liaole to a fine not exceeding one hundred dollars and costs, and in default of payment of the fine and costs to imprison­ ment for any period not exceeding six months. 19.-

(1) Where a fractional mineral claim has been located between previously located and unsurveyed mineral claims, and when any such previously located mineral claims are surveyed, if any of the posts of the fractional mineral ·claim are found to be on the previously located mineral claims, the fractional mineral claim shall not be invalid by reason of the posts of the fractional mineral claim being on the previously located mineral claims.

(2) The owner of the fractional mineral claim with the permission of the Mining Recorder of the district, may move the posts of the fractional mineral claim and place them on the surveyed line of the adjoining previously located mineral claims. 80. Nothing contained in this Act shall be construed to prevent an Alberta land surveyor from taking up posts or other boundary marks when necessary for the purposes of any survey. RECORDING CLAIMS. 81.- (1).

Every person locating a mineral claim shall record the same in person with the Mining Recorder of the distri~t within which the claim is situate within fifteen days after It was st.a~ed if it is located within fifty miles of the office of the MInIng Recorder. (?~ The time for recording shall be extended by one addItIOnal day for every additional ten miles or fraction thereof in excess of fifty miles.

(3) When the locator has complied with the staking: and recording requirements, the Mining Recorder shall record the claim and issue a certificate of record of mineral claim.

(4) A ~laim which is not recorded within the prescribed period shall be deemed to have been abandoned and forfeited, without any declaration of cancellation or abandonment on the part of the Crown. 82.-

(1) In the event of a claim being situated where other claims are being located, the locators, 'not less than five in number, are authorized to meet and appoint an "emer­ gency recorder".

(2) The emergency recorder shall note on each applica~ tion the date upon which the application was received by him and the amount of the fee paid in respect thereof. 83.-

(1) The emergency re.corder as soon as possible after his appointment, shall notify the Mining Recorder for the district in which the claims are located, of his appoint­ ment.

(2) The emergency recorder shall deliver to the Mining Recorder all applications which he has received for mineral claims together with the fees which he has collected for recording them.

(3) The Mining Recorder shall then grant to ea.ch person from whom the emergency recorder has accepted an appli­ cation and fee, an entry for his claim, provided such appli­ cation was made in accordance with the provisions of this Act in Form B or C in the Schedule.

(4) The entry shall date from the day the emergency recorder accepted the application and fee.

(5) Where the emergency recorder fails within three months of the date of his appointment to notify the Mining Recorder of his appointment and to deliver to him the ap­ plications for -claims received and the fees collected, the Mining Recorder may refuse to record the claims. 84. No mineral claim shall be recorded unless the ap­ plication is accompanied by an affidavit or solemn declaration made by the applicant in Form B, or if it be a fractional claim, in Form C in the

Schedule . .85.-

(1) Failure on the part of the locator of a mineral claim to comply in every respect with the foregoing pro­ visions shall not be deemed to invalidate his claim, if upon the facts it appears to the satisfaction of the Mining Rec­ order that the locator has staked out his claim as nearly as possible in the manner prescribed, and that there has been on his part a bona fide attempt to comply with all the pro­ visions of this Part, and that the non-observan.ce of any of the provisions hereinbefore referred to is not of character calculated to mislead other persons desiring to locate claims in the vicinity.

(2) The Mining Recorder before granting entry may re­ quire the locator to remedy immediately any material de­ faults committed in the observance of the provisions of this Act in respect to the staking of a mineral claim, and if such defaults are not remedied within a period to be fixed by the Mining Recorder, and to his satisfaction, he may refuse to grant the entry. 86. A locator shall not be entitled to a ,certificate of record of mineral claim until he has furnished to the Mining Recorder all the particulars necessary for the record. 87.-

(1) No certificate of record shall be granted for a claim which has not been staked by the applicant in person tn the manner specified in this Act.

(2) Notwithstanding the provisions of subse,ction (1), any person w ho,- (

a) satisfies the Mining Recorder that he is about to undertake a bona fide prospecting trip; and (

b) files with the Mining Recorder in advance a power of attorney fron1 any number of persons, not ex­ ceeding two, authorizing such person to stake claims for them in consideration of their having enabled him to undertake the trip; may stake two claims in the name of each such person. 88. The holder of a mineral claim is entitled to all min­ erals to which this Part applies which are the property of the Crown and which lie within his claim, excepting in the case of a ~laim for the mining of iron arid mica recorded pursuant to

section 64. 89. Any claim staked upon a Sunday or any public holiday shall not be invalid for that reason. 90. The interest of a grantee of a mineral claim prior to the issue of a lease shall be deemed to be a chattel interest equivalent to a lease for one year of the minerals in or under the land, and thence from year to year, subject to the per­ formance and observance of all the terms and conditions of this Act. 91.-

(1) Where a claim has been recorded under any name, and the owner or his agent is desirous of changing the same, the Mining Recorder may, upon payment of a fee of twenty-five dollars, amend the record accordingly.

(2) A change of name upon the record shall not in any way affect or prejudice any proceedings or execution against the owner of the claim. ABANDONMENT OF CLAIMS 92.-

(1) The ~old~r of .a mineral claim may at any titne abandon It or relInqUIsh hIS lease thereof, provided he has

29 complied in every respect with the provisions of this Act, and that all payments on account of rental or other liability to the Crown, due by him in connection with the claim or lease, have been fully paid.

(2) Notice in writing of intention to abandon a claim shall be given to the Mining Recorder, and from the date of the receipt of the notice all interest of the holder in the claim shall cease.

(3) Upon abandonment or loss of rights in a mineral claim, the Mining Recorder shall forthwith make a note thereof indicating the date of abandonment or loss, upon the record of the claim, and shall mark the claim "lapsed". 93. When the holder of a mineral claim abandons it, if he has complied with

section 92 he shall have the right to take from the claim any personal property which he may have placed on it, and any ore which he may have ex­ tracted from it within such time as may be fixed by the Minister. 94. If a mineral claim has been abandoned or forfeited by any person, the Mining Recorder in his discretion may permit such person to relocate the mineral claim or any part thereof if the relocation does not prejudice or interfere with the rights or interests of others. 95.

No claim shall be relocated by or on behalf of the former holder thereof within thirty days of its being aban­ doned or forfeited, nor until after notice of the abandonment or forfeiture has been posted up for at least a week in a conspicuous place on the claim and in the office of the Mining Recorder, nor until a statutory declaration has been filed with the Mining R~corder declaring that the notice has been so posted. GROUPING. 96.-

(1) Upon written application being made to him by the owner or owners of adjoining -claims not exceeding nine in number, the Mining Recorder may grant a certificate authorizing the claims to be comprised in one group, and allowing the holders of the claims to perform on anyone or more of the claims all the work required to entitle him or them to a 'certificate of work for ea·ch -claim.

(2) The grouping certificate shall be issued on payment of the fee prescribed and shall be recorded against each claim affected without payment of any additional recording fee.

(3) If the work is not done, or if payment is not made in lieu thereof as prescribed in sections 97 and 98, the claims shall be deemed to be vacant and abandoned without any declaration of cancellation or forfeiture on the part of the Crown.

30 REPRESENTATION \VORK REQUIRED TO BE DONE. 97.-

(1) Any person having duly located and recorded a mineral clain1 shall be entitled to hold it for a period of one year from the date of recording the same, and thence from year to year without the necessity of re-recording, if such person,- (

a) during the first year and during ea~h succeeding year does or causes to be done work on the claim to the value of one hundred and fifty dollars which is satisfactory to the Mining Recorder; and (

b) files with the Mining Recorder within fourteen days after the expiration of each year, an affidavit made by him or his agent stating that such work has been done and setting out a detailed statement thereof.

(2) Work performed on a mineral claim after the claim has been duly located, and before it has been recorded, may, .if acceptable, be considered as work required to be done during the first year. 98.-

(1) The holder of a mineral claim, in lieu of the work required to be done on a claim each year by se~tion 97, may pay to the Mining Recorder in whose office the claim is recorded the sun1 of one hundred and fifty dollars, and re­ ceive from the Mining Recorder a receipt for the payment.

(2) The payment and the record thereof in any year shall relieve the person making it from the necessity of doing any work during the year in and for which and upon the claim .1nrespect of which the payment is recorded, and he shall be entitled to a certificate of work for the year. 99.-

(1) If the prescribed amount of work is not done during the year, or if payment is not made in lieu thereof, the claim at the expiration of the period of fourteen days provided for shall lapse, and shall forthwith be open to re­ location under the provisions of this Act without any declara­ tion of cancellation or forfeiture on the part of the Crown.

(2) If the owner of a mineral claim has performed the required work during the year, but has failed to furnish the prescribed evidence of the work having been performed, the Mining Recorder at the expiration of the period of fourteen days provided for may grant to another person who has duly located, in the manner prescribed in this A,ct, the area em­ braced in the claim, or any portion thereof.

(3) The said owner within six months after the expira­ tion of the year, may apply for a certificate of work in con­ nection with the claim, and for the cancellation of any other certificate of record issued in respect of the said claim, or for any portion thereof, and the latter claim shall be can­ celled by the Mining Recorder, or in the event of a certificate .of r~cor~ not having been issued for the claim, any pending apphcatIOp for ,the same sh3:11,be refused if the owner proves to the satIsfactIOn of the MInIng Recorder that the required

31 work was performed by or on behalf of the said owner, and if the said owner pays the expenses to which the person locating the claim has been put in locating and applying for the said claim, and in the event of a certificate of record ha ving been issued, if the owner pays also all expenses to which such person has been put in obtaining the same, and all compensation for any bon(~ fide work that he may have per­ formed thereon.

(4) Where the owner of a claim fails to obtain the re­ quired certificate of work within the time specified in

section 97, the fee for the certificate if paid within three months after the year has expired, shall be twenty-five dollars, and if paid after three months and within six months after the year has expired, shall be fifty dollars.

(5) If the owner of a mineral claim fails within a period of six months after the expiration of the year to furnish the evidence of expenditure prescribed in

section 97, and to obtain a certifi.cate of work from the Mining Recorder his interest or right in, to or in respect of the said claim shall, at the expiration of the period of six months, be and become void without any notice or declaration of cancellation by or on behalf of the Crown, and without judicial inquiry, notwithstanding the fact that the prescribed work may have been duly performed on the claim within the year, as re­ quired by this Act, but not proved, as aforesaid. 100.-

(1) If the recorded owner of a fra,ctional mineral claim furnishes evidence to the satisfaction of the Mining Recorder that the area of the claim is less than twenty-five acres, the expenditure required to be incurred each year in mining operations on such fractional claim, or the payment to be made in lieu thereof, to entitle the recorded owner to a certificate of work, shall be one-half that required under this Act in respect of a full claim.

(2) If upon survey a fractional claim in connection with which such representations have been made is found to ,con­ tain twenty-five acres, or more, the recorded owner thereof shall pay to the Mining Recorder whatever additional amount may be necessary to pay in connection with a full claim, with interest, before he is entitled to receive a certificate of im­ provements in connection with such claim. 101. If two or more persons own a claim each such person shall contribute, proportionately to his interest, to the work required to be done by

section 97, and to the payment of fees and other charges provided for in this Act, and in the event of it being proven to the satisfaction of the Mining Recorder after a notice of hearing has been served on all parties interested, in the manner directed by such Mining Recorder that any ,co-owner has not so contributed, his in­ terest sh~lI become vested by order of the Mining Recorder in the other co-owner or co-owners in proportion to their respective interests.

32 DISPUTES. 102. In case of any dispute as to the staking of a mineral claim, the title to the claim shall be recognized according to the priority of the staking, subject to any question as to the validity of the record itself, and subject further, to the locator having complied with all the terms and -conditions of this Act. 103.

Upon any dispute as to the title to any mineral claim, no irregularity happening previous to the date of the record of the last certificate of work shall affect the title thereto, and it shall be assumed that up to that date the title to such claim was perfect, except upon suit by the Attorney General of Alberta based upon fraud. 104.

Whenever through the act or default of any person other than the recorded owner of a mineral claim or his agent by him duly authorized, the evidence of the claim or record on the ground, or the situation of the mineral claim has been destroyed, lost or effaced, or is difficult of ascertain­ ment, effect shall be given to the claim as far as possible, and the court'shall have power to make all necessary inquiries, directions and references in the premises, for the purpose of carrying out the object hereof, and vesting title in the first bona fide acquirer of the claim. 105.

No person shall suffer from any a.cts of omission or commission, or delays on the part of any government official, if such can be proven. CERTIFICATES OF IMPROVEMENTS. 106.-

(1) Payment may be made to the Mining Recorder of the sum of seven hundred and fifty dollars in lieu of ex­ penditure on a claim of the ordinary size, and in the case of a claim for iron and mica only, acquired under the pro­ visions of

section 64, payment may be made of double that amount in lieu of such expenditure.

(2) Incase payment in lieu of expenditure is made, the recorded owner of the claim shall comply with all other provisions of this Act, except such as have respect solely to the work required to be done on the claim. 107.-

(1) The lawful holder of a mineral claim shall be entitled to receive from the Mining Recorder a certificate of improvements in respect of the claim, unless proceedings by a person claiming an adverse right under

section 112 have been taken when the holder, to the satisfaction of the Mining Recorder has,- (

a) done or caused to be done work on the claim itself in developing a mine to the value of seven hundred and fifty dollars ex-clusive of the cost of all houses, build-

33 ~ng~ and other like imp:oveIl}ents, or made payment In heu thereof as provIded 111 sections 98 and 106 and for the purposes of this paragraph,- ' (

i) th~ yalue of the work done, as assessed by the lfInIng Recorder, and the amount paid and accepted in lieu thereof, shall together be equal to at least seven hundred and fifty dollars; (ii) in the case of a fractional ,claim, the work to be done or the payment to be made in lieu thereof shall be that specified in

section 100; (iii) work done on a claim by a predecessor or pre­ decessors in title shall be deemed to have been done by the person who -receives a transfer of such claim; (iv) the cost of the survey, not to exceed one hundred and fifty dollars, may be counted as work done on the claim, provided it has been accepted in lieu of representation work; (

b) found a vein or lode within the limits of the claim; (

c) had the claim surveyed at his own expense in accord­ ance with instructions from the Department, by an authorized Alberta land surveyor, and had the sur­ vey thereof duly approved; (

d) posted in some conspicuous part of the claim em­ braced in the survey a copy of the plan of the claim, signed and certified as accurate under oath by the surveyor; (

e) posted a legible notice in writing in the form pre­ scribed by the Minister, of his intention to apply for a certificate of improvements on some conspicuQus part of the claim and in the Mining Recorder's office; (/) inserted a copy of the notice in a newspaper ap­ proved by the Mining Recorder published in and circulated in the district in which the claim is sit­ uated at least sixty days prior to such appli~ation, which insertion can be made at any time after the posting of the notice on the -claim, and if no paper is published in the district, then the notice shall appear in the nearest published paper; (,

q) filed with the Mining Recorder a copy of the sur­ veyor's original plan of the claim, signed and certi­ fied as accurate under oath by the surveyor, im­ mediately after posting the notice on the claim of his intention to apply for a certificate of improve­ ments; (

h) filed with the Mining Recorder an affidavit of the holder of the claim, or his duly authorized agent, in the form prescribed by the Minister.

(2) At the expiration of the term of sixty days after the said publication, if no action has been commenced of which notice was filed with the Mining Recorder, he shall forward to the owner or agent the certificate of improvements issued,

34 and to the Department a copy thereof, together with the several documents referred to in subsection (1) and evidence showing that the notice required by paragraph (

e) of sub­ section (1), or by

section 118, has been posted in his office, and that the plan has been deposited for reference therein from the date of the first appearance of the said notice in the nearest local newspaper and continuously therefrom for a period of at least sixty days, and containing the full Christian name and surname of the recorded owner, or of each of the recorded owners, as well as his occupation and respective interest.

(3) A certifi'cate of improvements shall not be issued until a report has been furnished by an officer of the Depart­ ment, or some person satisfactory to the Mining Recorder, to the effect that upon inspection he was satisfied that the required expenditure in developing a mine had been actually incurred, and that a vein or lode has been found within the limits of the claim.

(4) Delay in having an inspection made after the recorded owner of a mineral claim has fully complied with the above requirements shall not render it necessary for the owner to perform further representation work, or make payment in lieu thereof, because of such delay. 108. In case a claim is situated in a remote part of the country, very difficult of access, where other claims have not been recorded, and where other persons are not engaged in prospecting and where no newspaper is published within a distance of one hundred miles, the Minister may, in his discretion, waive posting of notice on the claim and publica­ tion of the same in a newspaper as provided in paragraphs (d), (

e) and (

I) of subsection (1) of

section 107. 109. A 'certificate of improvements when jssued as afore­ said shall not be impeached in any court on any ground ex­ cept that of fraud. 110. After the issue and recording of a certificate of im­ provements, and while the certificate is in force but a lease not yet issued, it shall not be necessary to do any work on the claim. 111. The holder of a mineral claim for which a certifi.cate of improvements has been granted and recorded shall be en­ titled to a lease of the claim upon payment being made within three months of the rental and fee prescribed by se,ction 134. ADVERSE RIGHT. 112.-

(1) In case any person claiIns an adverse right of any kind, either to possession of the mineral claim re­ ferred to in the application for certificate of improvements, or any part thereof, or to the minerals contained therein,

35 he shall, within sixty days after the first publication in the nearest local newspaper of the notice referred to in para­ graph (

f) of subsection (1) of

section 107 or in

section 118 (but not later, unless such time shall be extended by special order of the court upon cause being shown) commence legal action to determine the question of the right of possession or otherwise enforce his said claim.

(2) Such person shall file a copy of the writ, information, bill of complaint or other initiatory proceeding in said action with the Mining Recorder of the district in which the said claim is situated within twenty days from the commence­ ment of said action, and shall prosecute the said action with reasonable diligence to final judgment, and a faIlure to so commence or so to prosecute shall be deemed to be a waiver of the plaintiff's claim.

(3) After final judgment has been given in the said action, the person, or anyone of the persons entitled to possession of the claim or any part thereof, may file a . certified copy of the same in the office of the Mining Recorder.

(4) After the filing of the said judgment, and upon com­ pliance with all the requirements of

section 10.7, such person or persons shall be entitled to the issue to him or to them of a certificate of improvements in respect of the claim or the portion thereof which he or they appear from the decision of the court rightly to possess. 113.-

(1) If an adverse claim affects only a portion of the -claim for which application is made for a certificate of improvements, the applicant may relinquish the portion covered by the adverse claim, and still be entitled to a cer­ tificate of improvements for the undisputed remainder of his claim, upon complying with the requirements of this Act.

(2) When judgment in such case is rendered by the court a memorandum of the judgment shall be entered in the "record book" by the Mining Recorder, and if by any judg­ ment the original boundaries of any claim are changed, a plan made by an Alberta land surveyor, and signed by the judge by whom the judgment has been given, shall be filed with the Mining Recorder, who shall forward it to the Department. ADDRESS FOR SERVICE. 114.

Every application for a mineral claim and every other application, and every transfer or assignment of a min­ eral claim, or of an interest therein, acquired under the pro­ visions of this Act, shall contain, or shall have endorsed thereon, the place of residence and the post office address of the applicant, transferee or assignee, and his occupation, and no application, transfer or assign~ent s~a~l be accepted or recorded unless it conforms with thIS prOVISIOn.

36 WHAT ENTRY OR LEASE CONVEYS. 115. The holder of a mineral claim, by entry or by lease, unless otherwise provided in the entry or lease, shall be entitled to all minerals within the meaning of this Act found in veins, lodes or rock in place, and whether such min­ erals are found separately or in combination with each other in, upon or under the lands included in such entry or lease. 116.

A lease of a mineral .claim issued under the pro­ visions of this Act shall reserve to the Crown such right or rights of way and of entry as may be required under any Act or regulations in that behalf now or hereafter in force in connection with the construction, maintenance and use of works for the conveyance of water for mining opera­ tions. 117.-

(1) The recorded owner of a mineral claim shall have a survey thereof made at his own expense by a duly qualified Alberta land surveyor under instructions from the Director of Mineral Rights, within one year from the date upon which notification by the proper offi-ce of the De­ partment to do so is sent to him.

(2) Such notification shall not be given until the expira­ tion of at least one year from the date upon which the claim was recorded.

(3) If the survey is not made and if the returns of the survey are not received and approved by the Director of Mineral Rights within one year from the date of notification, the Minister may cancel the entry granted for the mineral claim.

(4) The owner of a claim may have the survey made at any time after obtaining a certificate of record without any notification having been sent to him to do so. 118.-

(1) The cost of the survey of a mineral claim, made in aocordance with the provisions of

section 117 may be accepted in lieu of representation work on the claim for the year in which the survey is made.

(2) Notice of such survey in the form prescribed by the Minister, shall be inserted for a period of not less than sixty days! in a. newspaper approved by the Mining Recorder publIshed In or 'circulating in the district in which the claim is situated.

(3) The owner of the claim prior to the first appearance of. the advertisement shall -cause to be posted on a con­ SpICUOUS spot on the claim, and in the office of the Mining Recorder for the district, a notice of his intention to adver­ tise the survey of the claim, and also a copy of the plan of the survey prepared and certified correct, under oath, by an Alberta land surveyor.

(4) Sixty days after ~ublication of the notice, the .survey shall be accepted as definIng absolutely the boundaries of the

37 claim survey~d if it has not been protested since the publica­ tion, and if it has been duly approved by the Director of Mineral Rights.

(5) If within the time specified the survey is protested, the protest shall be heard and decided upon by procedure similar to that provided for in

section 112. 119.-

(1) The surveyor shall accurately define and mark the boundaries of the claim in full compliance with the instructions issued to him, and shall, on completion of the survey, forward to the Department the original field notes and plan signed and certified as accurate under oath.

(2) After a certificate of improvements has issued in respect of any claim so surveyed, prima facie evidence of its staking may be given by any person who has seen and who can describe the position of such posts purporting to be marked as aforesaid. 120.

In case either post No.1 or post No.2 of a mineral claim is on the boundary line of a previously located claim, which boundary line is not at right angles to the location line, the Alberta land surveyor when making the survey may in­ clude the fraction so cr.eated within the claim which is being surveyed if the fraction is available and open to disposal and if the claim including the fraction does not exceed fifty-one and sixty-five one-hundredths acres in area. 121.-

(1) An Alberta land surveyor when surveying a fractional mineral claim may survey the claim so that it contains as nearly as possible all the unoccupied ground lying between the previously located mineral claims as described in the affidavit and sketch furnished by the locator when the claim was recorded.

(2) No side of a fractional claim so surveyed shall exceed one thousand, five hundred feet in length, and the area of the claim as surveyed shall not exceed fifty-one and sixty­ five one-hundredths acres. 122. The surveyor if required to do so by the Director of Mineral Rights shall connect the survey of the claim with some known point in a previous survey, or with some other known point or boundary, so that the position of the claim may be definitely fixed on the plans of the Department. 123.-

(1) Before proceeding with the survey, the sur­ veyor shall examine the application made for the claim and the plan which accompanied the application, and before com­ pleting the survey he shall as;certain by careful. exa!llination of the area, or by all other reasonable means In hIS power, whether or not any other subsisting claim conflicts with the claim he is surveying.

(2) He shall furnish with his returns of survey a certi­ ficate, duly signed by him, in the following form:

38 "I hereby certify that I have carefu!ly examiI,led the area included in ............................................ mIneral claIm surveyed by me, and have otherwise made all reasonable investigations in my power to ascertain if there was any other subsisting claim conflicting therewith, and I certify that I have found no trace or indication and have no knowledge or information of any such claim except as follows: (If none, so state; if any, give particulars.) " 124.-

(1) If the survey of a claim is made and adver­ tised in the manner specified herein before the recorded owner of the claim has sufficiently complied with the Act to permit of his applying for a certificate of improvements, then the posting and publication of notice of the survey of the claim in the manner indica ted shall be accepted as satis­ faction of the posting and advertising requirements of sec­ tion 107.

(2) Before a certificate of improvements is issued in connection with such a claim all other requirements of sec­ tion 107 shall be fully complied with. TRANSFER OF A MINERAL CLAIM. 125.-

(1) No transfer of a certificate of record for any mineral claim, or of any interest therein, shall be effectual unless the same is in writing, signed by the transferor, or by his agent authorized in writing, and recorded by the Mining Recorder.

(2) If the transfer is signed by an agent, the authority of the agent shall be recorded before the record of the transfer.

(3) The transfer shall be in duplicate, signed and sealed by the transferor in the presence of a witness, who shall furnish proof of execution by affidavit.

(4) When a transfer is recorded the Mining Recorder shall return to the transferee one copy thereof with a cer­ tificate endorsed thereon that it has been recorded in his office, and retain the other copy. 126. If the ·certificate of record has been lost or de­ stroyed, the Mining Recorder may, upon receipt of evidence to his satisfaction, supported by the affidavit of the recorded owner or owners, or one of them, that such is the case, and upon receipt of a fee of ten dollars, issue a "substitutional" certificate of record which shall be so marked, and which shall be as far as practicable a copy of the certificate of record originally issued for the claim. 127.-

(1) Any conveyance, bill of sale, mortgage, or other document of title relating to a mineral claim for which a cer!ificate of record has been granted under the provisions of thIS Act may be recorded with the Mining Recorder.

(2) The Mining Recorder shall not be required to record an assignment conveying less than an undivided one-quarter interest in any mineral claim.

(3) The failure to record any document shall not in­ validate the same as between the parties thereto, but such documents in so far as they effect third parties shall take effect from the date of record and not from the date of the document. 128.

After a lease of a mineral claim has been issued, an assignment of the whole or an undivided interest in such claim shall be filed with the Minister, accompanied by the prescribed fee and by the lessee's copy of the lease, but no such assignment shall be accepted or registered unless it is unconditional and its execution proved to the satisfaction of the Minister, and unless the provisions of this Act in re­ spect of such claim have been fully 'complied with. 129.

If the holder of a mineral claim, after applying for a certificate of improvements, sells and transfers the claim, upon satisfactory proof of the sale and transfer being made to the Mining Recorder, the new holder of the claim shall be entitled to a certificate of improvements in his own name, provided there is compliance with the provisions of this Act. 130.

If a transfer is made to any person or company after a certificate of improvements has been issued, but before a lease has been prepared, upon proper proof of the transfer being made to the satisfaction of the Minister, he may issue the lease to the new holder of the claim. 131. The issue of the lease shall not invalidate any lien which may have been attached to any mineral claim previous to the issue of the lease. ROYALTY. 132.-

(1) Such royalty as Inay be determined and fixed from time to time by order of the Lieutenant Governor in Council shall be reserved to and charged by the Crown on the sales of all minerals produced from mineral claims whether such claims are held under certificate of record, lease, certificate of title, or otherwise, and such royalty shall be collected as directed by the Minister.

(2) The same royalty shall be charged on the sales made prior to the issue of a certificate of record. TERM OF LEASE AND RENTAL. 133. A lease shall be for a term of twenty-one years, renewable for one fluther term of twenty-one years if the lessee furnishes evidence to the satisfaction of the Minister that during the term of the lease he has complied in every respect with the conditions of the lease and with the pro-

40 visions of the Act, and renewable for further terms of twenty-one years on such terms and conditions as may be prescribed by the Lieutenant Governor in Council. 134.-

(1) The rental of a full or fractional mineral claim granted under a lease shall be fifty dollars, payable in advance within three months after the date upon which a certificate of improvements in connection with the claim is issued.

(2) No further rental shall become due or payable in con­ nection with such claim untIl the termination of the above period of twenty-one years.

(3) For a renewal of the lease the lessee shall pay in ad­ vance the sum of two hundred dollars to cover the rental for a further period of twenty-one years. ( 4) For the rental of a claim for the mining of iron and mica only, as specified in

section 64, the rental shall be one hundred and fifty dollars for the first period of twenty­ one years, and a rental of six hundred dollars for a renewal period of like duration.

(5) The fee for the issue of a lease of a mineral claim or for any renewal thereof shall be as prescribed by this Act or the regulations. 135.

In case payment of the rental and fee for the first term of twenty-one years is not made within the prescribed period of three months from the date of the certificate of improvements, or in case payment is not made of the rental for the renewal term within three months from the date upon which it becomes due, then all right to the claim or to a lease thereof, or to a renewal of such lease, shall absolutely lapse without any declaration of cancellation or forfeiture on the part of the Crown, and such rights shall immediately be and become revested in the Crown. 136.

The lessee shall not assign, transfer or sublet the rights described in his lease, or any part thereof, without the consent in writing of the Minister being first had and obtained. MINE PLANS. 137.-

(1) The operator of every mine on a mineral claim shall make and maintain, or cause to be made and maintained by a competent mining engineer or surveyor, a clear and accurate plan or plans, with sections, if necessary, showing clearly all the workings of such mine.

(2) Every six months or oftener, if required by the Minister, the operator or superintendent of the mine shall cause to be shown clearly and accurately on the plan or plans of the mine all the excavations made thereon during the time elaps~d since such excavations were last shown on the

41 plan or plans, and all parts of the said mine that have been worked out or abandoned during the said period of thne shall be indicated clearly on such plan or plans.

(3) All underground workings shall be surveyed and mapped out before they are allowed to become inaccessible. 138.-:-

(1) The methods of survey and computation there­ of shall be according to instructions to be obtained from the Department.

(2) All mine plans, survey notes and ,computations shall be kept at the mine office away from risk of damage by fire or any other cause and shall be treated as confidential in­ formation to which a person designated by the Minister shall have access at all times, but they shall not be exhibited nor shall any information contained therein be imparted to any person except with the written permission of the owner or agent of the mine.

(3) Any person designated by the Minister may take a tracing of the plans if he thinks fit and may take it away. 139.-

(1) Plans shall be drawn on a s'cale of not more than fifty feet to one inch of every working mine in which levels, cross-cuts or other openings have been driven from any sha,ft, adit or tunnel, and in addition to the size of the openings they shall indicate all important geological in­ formation obtained in working the mine, together with assay values wherever the ore has been sampled in situ.

(2) For the sake of clearness, more than one plan may be employed on which to plot such information. 140. The requirements of this Act relating to plans do not apply to workings abandoned before the date of this Act and inac'cessible at such date. 141.-

(1) Every dam or bulkhead erected underground shall be shown clearly on the mine plans, and all machinery, ladder ways, stores, etc., shall be indicated by an approved symbol.

(2) Where workings are adjacent to abandoned workings on the group of claims being worked which are liable to con­ tain water, the plans shall show the position and extent of such workings as accurately as :can be determined.

(3) Any adjoining owner may apply to the Department for the purpose of ascertaining whether any mine is being worked into his territory, and upon such application being made, the Department may examine and m~ke rel?ort t~ere­ on to the adjoining owner as to whether hIS terrItory IS or is not being encroached upon.

(4) Before a mine or any part of a mine is abandoned. closed down or otherwise rendered inaccessible, all under­ ground plans and sections shall be brought IIp .. to-date and a certified copy filed with the Department.

42 142.-

(1) All claims recorded and leases issued under the provisions of this Act shall be subject to the provision that all ores or minerals mined from sU,ch claims or leases shall be treated and refined within the Dominion of Canada so as to yield refined metal or other product suitable for direct use in the arts without further treatment.

(2) In any case where the Minister is of the opinion that subsection (1) is being violated, the certificate of record or lease issued for such claims shall be and become null and void, and the said claims shall forthwith revert to and become revested in the Crown, freed and dis'charged of any interest or claim of any other person or persons whomsoever, and shall be open to disposal in such manner as the Minister may decide. CLAIMS OF DECEASED OR INSANE MINERS. 143.

If the owner of a claim for which a lease has not yet been issued, or if the owner of an interest in su~h a claim dies, or is adjudged to be insane, the provisions of this Act as to forfeiture for non-performance of work or non-pay­ ment of fees shall not apply except as hereinafter provided, in the case of a deceased person either during his last illness or after his decease, in the case of an insane person either after he has been so adjudged insane, or if it appears that the neglect or omission on account or by reason of which such claIm would otherwise have been deemed to. be forfeited was attributable to his insanity, then during such period prior to his having been adjudged insane as he may have been shown to have been insane. 144.

The Minister may limit the period during which all or any interest in any mineral claim, the property of the deceased or insane person, shall be exempt from the pro­ visions of this Act, which require annual performance of work and payment of fees, and may fix the date upon which the same shall again become subject to all the provisions of this Act. 145.-

(1) At the termination of the period fixed the claim shall become subject to all the provisions of this Act, and if the provisions of this Act are not complied with, all rights thereto shall be absolutely forfeited in the event of the estate of the deceased person being the sole owner of the claim, and the same shall forthwith be open for relocation without any declaration of cancellation or forfeiture on the part of the Crown. .

(2) In the event of such an estate being a co-owner, the Interes~ of the estate shall thereupon ipso facto become vested In the other co-owners who have complied with the Act in proportion to their respective interests. 146 .. The Minister by order from time to time may extend the perIOd of the exemption as the necessity of the case in

43 his opinion may demand but in the case of deceased persons the period during which such exemption may apply shall not extend beyond thre'e years from the'date of the death of the deceased. 147. If there is no other legal representative of the estate of any such deceased Or insane person the Minister may cause the Public Trustee or sU,ch responsible officer as he may name to take possession of the property and ad­ minister the same subject to the provisions of any statute in force respecting the administration of the estates of deceased or insane persons in the Province. 148.

No exemption of the interest of a deceased or insane owner in any claim shall apply to or exempt any co-owner's interest from the provisions of this Act, as to the annual performance of work and payment of fees, and the rights of such co-owners shall be entitled to protection provided they do or cause to be done the prescribed representation work and pay the prescribed fees necessary in ,connection with those interests not exempted from performance of work and payment of fees. 149.

Where the estate of the deceased or insane person owns an interest in a daim, and the co-owners who are re­ quired to perform work and pay fees have, during the period of such exemption, failed to perform the work required to be done thereon, the interest of such co-owners, upon such failure being proved to the satisfaction of the Mining Rec­ order at a hearing, notice of which has been served upon all persons interested in the manner prescribed by him, may be vested by order of the Mining Recorder in such estate. 150.-

(1) Any person receiving from the Public Trustee or other legal representative of the estate of a deceased or insane person an assignment of a claim that has been ex­ empted from the provisions of the Act as to performance of work and payment of fees, because of the death of or insanity of the owner thereof, shall record such assignment within two months from the date thereof.

(2) After the assignment has been recorded the claim shall again become subject to all the provisions of' this Act. -

(3) If the assignment is not so recorded the provisions exempting the -claim shall cease to apply and the claim shall, at the expiration of the said two months become absolutely forfeited and shall be open to relocation and entry. 151.-

(1) Any person receiving from the Public Trustee ,or other legal representative of the estate of a deceased or insane person, an assignm,ent of an interest in a claim which has been exem,pted from the provisions of this Act as to per­ formance of work and payment of fees, because of the death or insanity of the owner thereof t and on which the other co-

44 owner or co-owners are required to perform work and pay fees, shall within two months from the date of such assign­ ment record the same and comply with the provisions of the Act in respect of representation work from the day of the recording of the transfer.

(2) If the assignment is not so recorded, and if the pro­ visions of this Act are not otherwise complied with, the interest in question shall thereupon ip~o facto b~ome vest~d in the other co-owner or co-owners In proportIon to theIr respective interests.

(3) If the co-owner or co-owners who are required to per­ form work and pay fees has or have failed to do so, the interest of such co-owner or 'co-owners may, upon such failure being proved to the satisfaction of the Mining Rec­ order at a hearing of which notice has been served upon all persons interested, become vested in the co-owner who has acquired the interest of the estate in such claim, and who has complied with the provisions of this Act. PARTY WALL. 152.-

(1) Unless the owners agree to dispense there­ with, in all mining operations there shall be left between all adjoining properties a party wall at least fifteen feet thick of which seven and one-half feet shall be on each prop­ erty, to the use of which the adjoining owners shall be en­ titled in common.

(2) The owners shall be entitled to use such party wall in common as a roadway for all purposes providing the right to the use of the surface is first procured.

(3) Such roadway shall not be obstructed by the throw­ ing of soil, rock or other material thereon, or in any other way, and any person obstructing the same in addition to any civil liability shall incur a penalty of not more than ten dollars for every day such obstruction continues.

(4) Any such adjoining owners, in any case may apply to the Minister or the proper officer appointed for that purpose who may make an order dispensing with such party wall, or providing for the working of any material therein, or otherwise, as he may deem just. 153.-

(1) Before beginning actual mining operations on a claim a'cquired under the provisions of this Act, whether below ground or in open cut, the owner or lessee shall notify the Minister or the proper offi,cer appointed for that purpose in writing, at least fifteen days beforehand, of his intention to begin such operations and of the approximate date.

(2) Such notification is not required for work that has for its object only the stripping or otherwise uncovering of an ore body purely as a means of prospecting.

(3) The notice which may be on forms to be obtained from the Department shall contain the following information:

45 (

a) the particular point on the claim at which a shaft or an ad it is to be opened or open 'work begun; (

b) the name or number by which the shaft or other working shall be known, which name or number shall not be changed without the consent of the Minister; (

c) the name and post office address of the person in charge of the operations. 154.-

(1) If the owner or lessee neglects or fails to notify the Minister or the proper officer appointed for that purpose of his intention to begin mining operations, or to furnish the. information provided for the Minister may cancel the claim or lease.

(2) Before suspending operations on any workings con­ nected with a shaft, adit or open cut for a period likely to exceed three months, the lessee shall notify t