Provided that such persons did not in his opinion occasion CHAP. 10. or contribute to occasion the explosion or accident, and did not commit, and were not parties to committing the offence. Save as aforesaid, all penalties imposed in pursuance of this Chapter shall be paid on receipt of the same into the Provincial Treasury. MISCELLANEOUS, working of submarine areas. 40. In the working of coal and other minerals in sub- Regulations as to marine areas: (1.) No submarine seam of coal or stratified deposit of other mineral shall be wrought under a less cover than one hundred and eighty feet of solid measures: Provided that the owner or lessee of any such area may drive passage-ways, to win (2.) A barrier of the mineral wrought of not less than (3.) The workings of every such submarine area shall be laid off in districts of an area not greater than half of one square mile, and the barrier enclosing each separate district shall not be less than thirty yards thick, and shall not be pierced by more than three passage ways having a sectional area not greater than six feet by six feet: (4.) No district shall have its length when parallel to the general trend of the adjoining shore greater than one mile. (5.) A proposed system of working the mineral in each submarine area shall before work is commenced be submitted to and approved of by the Inspector; and no change shall be made in such approved system without the written sanction of the Inspector. The opening of a new level or lift in a mine already the commencement of a new winning in the The owner, agent or manager of every mine to which this section applies, who transgresses or fails to comply CHAP. 10. with any provision of this section shall each be liable to a penalty not exceeding one thousand dollars, and if the offence complained of is continued or repeated after a written notice has been given by the Inspector to such owner, agent or manager of any such offence having been committed, the Supreme Court or a Judge thereof, whether any other proceedings have or have not been taken, may upon application of the Attorney General prohibit by injunction the working of such mine. Minerals to be weighed. Proviso. Notices served personally or by post. Continuance of existing special rules. 41. All coal, iron ore, or other mineral extracted from mines leased by the Crown, on which royalty is payable, shall be weighed at the mine. The overrun allowed for rough weighing shall not exceed the true weight by one and a half per cent. A competent person shall be appointed weigher by the owner or agent, who shall enter in a book specially kept for the purpose the weight of every weighing, and shall make a true report to the office at the mine of the weighings so made by him: provided always that it shall not be necessary to weigh every car load or tub of coals; but the Inspector may agree with the manager, owner or agent of any mine as to the weight by the gauge or average weight of such car loads or tubs: provided, however, that in no case shall a less quantity than every tenth car load or tub be so weighed as aforesaid. Every person who fails to comply with the provisions of this section shall be guilty of an offence against this Chapter. 42. All notices under this Chapter shall be in writing or print, or partly in writing and partly in print; and all notices and documents required by this Chapter to be served or sent by or to the Commissioner or Inspector may be either delivered personally, or served and sent by post by a prepaid registered letter; and, if served or sent by post, shall be deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post; and in proving such service or sending it shall be sufficient to prove that the letter containing the notice was properly addressed and put into the post. 43. The special rules which are in force in any mine under the sanction of an Inspector appointed under the Act entitled "An Act to consolidate the Statutes relating to Mines and Minerals," shall continue to be the special rules in such mine until special rules are established for such mine under this Chapter, and while they so continue, shall be of the same force as if they were established under this Chapter. SCHEDULE. FORM OF NOTICE OF EXPLOSION OR ACCIDENT TO BE SENT TO THE DEPARTMENT OF MINES. Name of Mine... To the Honorable the Commissioner of Public Works and SIR,-In pursuance of Chapter 10 of the Revised which the following are the particulars :— Place where the accident occurred.. Date of the accident..... Character of the accident. If from explosion, whether of gas, powder, or any steam boiler.... Number, ages, and names of persons killed...... Number and names of persons injured seriously.... Number and names of persons injured slightly (2) Number and relation of persons dependent on persons killed. I am, Sir, Your obedient servant (Signature.) (1) Explosion" or "Accident." (2) In case of any explosion. CHAP. 10. CHAP. 11. Title of Commissioner. Appointment of Duties. Bond. Commission. CHAPTER 11. OF THE CROWN LANDS. PART FIRST. 1. The Commissioner of Crown Lands shall continue to be styled the Commissioner of Crown Lands. 2. The Governor in Council, upon the recommendation of the Commissioner of Crown Lands, may appoint one or more deputy surveyors in each county, for the performance of such duties as may be required under the orders issued from the department. Every such deputy shall upon his appointment execute a bond to the Commissioner with two sureties for the faithful discharge of the duties of his office, and shall thereupon receive a commission in the customary form to be approved by the Governor in Council. 3. Each deputy appointed under this Chapter shall be ceive and pre- supplied with a copy of the general plan of the county to which he is named, which he shall preserve with all other documents and plans connected with the lands of the county in some convenient place or office within the county, where access can be had for information by the inhabitantssuch plans, papers and documents to be held as the property of the Province and to be transferred to his successor in office whenever appointed. Deputy to re serve county plan. Deputy to give information. Fees. Instructions. der quarterly accounts. 4. Such deputy shall give all necessary information to persons respecting the lands within his county whenever applied to for that purpose, and shall furnish any copies of plans that may be required, for which he shall be entitled to the following fees: Each search twenty cents. Copy of plan with necessary connection fifty cents; and larger plans as may be agreed upon. 5. Instructions shall be furnished each deputy, by the Commissioner of Crown Lands, for his guidance in the discharge of his duties. Deputies to ren- 6. Every deputy surveyor at the expiration of each quarter of the year shall render his account for services, and transmit with the same a list or return of surveys to the Commissioner, accompanied by an affidavit in the following form: Affidavit. I- -, Deputy Surveyor for the County of, do swear that the several lots of land described in the above list have been actually surveyed by me, in accordance with the plans thereof; that all the corner bounds have been set up, and that the lines have been well marked. So help me God. 7. Subject to the provisions hereinafter contained, any CHAP. 11. person upon due application to the Commissioner of Crown Purchase, how Lands may become the purchaser of such crown lands as made. may be for sale, upon making immediate payment therefor to the Treasurer; and, upon the passage of the grant thereof, shall be entitled to enter into possession, and not before, unless under authority in writing from the Commissioner of Crown Lands upon his report being approved. void. 8. If at the time of any application for land there was when grants any dwelling house on the land in which any person other may be declared than the applicant then and for a year previously had con tinually resided; or in case five acres at least of the land had been cleared or cultivated during such person's actual possession, and had been for at least one year in his constant use; then, unless such facts shall have been communicated to the Commissioner before the passing of the grant, the Governor in Council at any time within two years from the passing thereof may, if it shall appear proper so to do upon the report of the Commissioner of Crown Lands setting forth the facts, declare the grant to be vacated; and the same shall thereupon become void, and the grantee shall thereupon cease to have any interest in such land, which may be granted to any applicant as if it had never been previously granted. Council to de 9. It shall be in the discretion of the Governor in Governor in Council to decide upon all questions of the temporary cide questions of occupation of crown lands for a shorter period than in the occupancy. eighth clause; and the decision shall be binding on all parties who claim such possession, upon their being notified previously to such decision in time to enable them to assert their claims. 10. All surveyors appointed by the Commissioner of Chainmen sworn Crown Lands as his deputies shall administer oaths to the chainmen before they proceed upon any survey, that they will well and truly perform the service according to the best of their skill and judgment under the directions they shall receive from such deputy surveyors. line. 11. Any deputy surveyor when engaged in the duties surveyor may of his profession may pass over, measure along, trace, and trace township ascertain the bearing of any township line or the line of any grant or other governing or side line, and for such. purposes with his assistants may pass over the lands of any person whomsoever, doing no actual damage to such lands; and no action shall lie against such surveyor or his assistants for any act done under this section. Application for poses. 12. When application is made for crown lands for crown land for lumbering or other purposes than for settlement, the Com- lumbering purmissioner of Crown Lands shall cause an accurate survey to be made of the tract applied for; and all lots reported agriculture. Lots reserved for |