mill without 1536. Whosoever makes use of any mill or machinery, Using other other than those worked by hand, within or near any mining than handdivision, for the crushing or reduction of quartz or the obtain- license; ing of gold therefrom, by crushing, stamping, amalgamating or otherwise, without a special license therefor, is liable to a fine not exceeding one hundred dollars and costs, or, in default of payment, to imprisonment for a period not exceeding two months. 43-44 V., c. 12, s. 109. 1537. Every licensed mill-owner, or, in the case of an incor- Mill-owners porated company, every manager or agent thereof, who omits not reporting to inspector; to enter the statement or any of the details which he is required to enter, in his book, under articles 1518 and 1519, or delays sending in the return which he is bound to make, is liable, for every day of such omission or delay, to a fine not exceeding twenty dollars and costs, or, in default of payment, to imprisonment for a period not exceeding one month. 43-44 V., c. 12, s. 110. 1538. Every person, who discontinues working in any pit, Not fencing shaft or excavation whatsoever of four feet or more in depth, pit, &c.; without fencing in the same to a height of at least four feet, is liable for each offence, to a fine not exceeding fifty dollars and costs, or, in default of payment, to imprisonment for a period not exceeding one month. 43-44 V., c. 12, s. 111. 1539. Every licensee under this section, who, when required Refusing so to do, refuses to exhibit his license to the inspector of the to exhibit license; mining division, or to any constable or peace officer deputed by such inspector, is liable to a fine not exceeding five dollars and costs, or, in default of payment, to imprisonment for a period not exceeding one month. 43-44 V., c. 12, s. 112. tor, &c., to 1540. Every holder of a mining license, engaged in mining Refusing to upon any land whatever, who refuses to allow the inspector of allow inspecthe division, or any constable or peace officer, authorized by visit lands; such inspector, to enter for the performance of their official duties upon the lands on which he is so working, or, who refuses, when thereunto required, to afford them the facilities and assistance necessary for such purpose, is liable to a fine not exceeding five dollars and costs, or, in default of payment, to imprisonment for a period not exceeding one month. 43-44 V., c. 12, s. 113. in mining 1541. Every inspector of mines, who, while he is in office, Inspector tak takes a share in the working of the mines generally, either in ing interest his own name or in that of another for him, directly or indirect- lands in his ly, is liable, (in addition to dismissal from office and the void- division; ance of the title or interest which he has obtained), to a fine not exceeding four hundred dollars and costs, or, in default of payment, to imprisonment for a period not exceeding one year. 43-44 V., c. 12, s. 114. Witnesses refusing to 1542. Every witness lawfully summoned, who refuses to appear or to appear or to take the oath and to answer, is liable to a fine of five dollars and costs, for every such refusal, or to be imprisoned until he consents to take the oath or affirmation and to 43-44 V., c. 12, s. 115. swear; Penalty in unprovided eases. Valuation of real estate &c. answer. 1543. Every person contravening this section or any order or regulation made under it, where no other penalty or punishment is imposed, is liable, for every day on which such contravention occurs, or continues, or is repeated, to a fine not exceeding twenty dollars and costs, or, in default of payment, to imprisonment not exceeding one month. 43-44 V., c. 12, s. 121. § 30.-Valuation of Taxable Mining Lands. 1544. In making the valuation of taxable mining lands in a municipality, in which there exists an immoveable property, being mined, containing a mine which is being worked, the valuators shall, up to the 24th of July, 1890, value such immoveable, without taking into consideration the increased value arising from the existence of such mine, ores, pits, shafts, excavations, tunnels, mills, machinery and other buildings, structures and dependencies used or to be used exclusively for the working of such Exemption. mine, but such exemption does not apply to dwelling houses and their dependencies. 43-44 V., c. 12, s. 122. Power of Governor in certain cases. Law respect § 31.-Regulations respecting Mining. 1545. The Lieutenant-Governor in Council may, from time to time, make any regulation which he may deem necessary or expedient: 1. For diminishing or increasing the size or altering the form of claims granted under this section; 2. For altering the price, terms and conditions of mining licenses, and for increasing the price of mining locations; 3. For the opening, construction, maintenance and use of the shafts, conduits or sluices, through or upon claims or mining locations, to facilitate the carriage and passage of water for mining purposes; 4. For establishing and maintaining roads through mining divisions, and generally for the better carrying out of the pro visions of this section. All such regulations, after being published in the Quebec Official Gazette, shall have force of law. 43-44 V., c. 12, s. 124; 49-50 V., c. 30, s. 1. § 32.-Riots in the Vicinity of Works. 1546. The Lieutenant-Governor in Council may, by proing riots near clamation, whenever he deem it expedient, declare that section public works may be en- eleventh of chapter eighth of title fourth of these Revised Statutes respecting riots near public works shall apply to one forced by proor more mining divisions, in so far as its provisions may be clamation; applicable; the said section shall have force of law, from and (Art.1843, &c.) after the date of such proclamation, in the mining division or divisions mentioned in the same. The Lieutenant-Governor in Council may, in the same man- May be discontinued; ner, from time to time, declare the said section to be no longer in force in such mining division or divisions and again put the same in force, when he deems it advisable. But no such proclamation can have any effect within the Not to have limits of a city. 43-44 V., c. 12, s. 125. § 33.-Prosecutions. effect in any city. I.-LAWS APPLICABLE. 178, of R. S. 1547. All the provisions of this section relating to indict- Application able offences or summary convictions, as well as to the proceed- cc. 174 and ings to be adopted in each of such cases, shall be so interpreted C., and of that the Revised Statutes of Canada, chapters one hundred and arts. 2713 and seventy four and one hundred and seventy eight shall be applicable thereto, as also the provisions of articles 2713 to 2720 of these Revised Statutes. 43-44 V., c. 12, s. 126. 2720. II. IN WHOSE NAME PROSECUTIONS ARE BROUGHT. 1548. Prosecutions for the recovery of royalties due to the Prosecutions Crown are brought in the name of the Commissioner of Crown for royalty. Lands, and other prosecutions for contraventions of this section are brought in the name of a complainant or by the collector of provincial revenue for the district in which such offence was committed. 43-44 V., c. 12, s. 127; 47 V., c. 22, s. 23. III. COURT BEFORE WHICH COMPLAINTS ARE BROUGHT. fines. 1549. Prosecutions for the recovery of fines or penalties, Suits for reimposed by this section, or by the regulations made in virtue covery of thereof, for the recovery of dues and fees exigible thereunder, and for all contraventions of the provisions thereof, are brought before the inspector of each mining division having jurisdic43-44 V., c. 12, s. 128. tion. IV.-INSPECTOR CONSTITUTED JUSTICE OF THE PEACE ex-officio. peace. 1550. The inspector of each mining division is hereby con- Inspector stituted, ex-officio, a justice of the peace for the district, which ex-officio may comprise or include, in whole or in part, the mining divi- justice of the sion, for which he has been appointed, or in which district or portions thereof, there may be one or more mining divisions, in which he is bound to perform his duties. 43-44 V., c. 12, s. 129. Qualification 1551. It is not necessary that the inspector have any proof inspector. perty qualification, to allow of his lawfully acting as a justice of the peace. 43-44 V., c. 12, s. 130. Jurisdiction V. JURISDICTION OF INSPECTOR-HIS DECISIONS. 1552. As a justice of the peace, the inspector possesses of inspector. (except in suits relating to rights or titles to immoveable property, in which he must decline to act, if such cases occur,) the jurisdiction, authority, rights and privileges which may be conferred, by the laws then in force, upon any police magistrate, district magistrate, judge of the sessions of the peace, justice of the peace, sheriff or recorder, throughout the whole extent of the territory, for which he has been appointed. 4344 V., c. 12, s. 131. Power of giving decisions. 1553. He decides, in a summary manner, all contestations inspector in respecting the dimension or boundaries of mining claims, the use of water-courses, the approaches thereto, the damages caused to other persons by licensees; and his decision is final and without appeal, in all things within his jurisdiction. 4344 V., c. 12, s. 132. Jurisdiction spector. 1554. The inspector of a mining division takes cognizance of mining in- of and finally determines all suits of a purely personal nature, and those affecting moveables, between persons or companies engaged in mining, or their agents or other persons or companies, and vice versa. Proceedings summary. Execution of The proceedings are summary. For the execution of judgments under this section, the projudgments. ceedings are the same as those in the Circuit Court, and the inspector may, if necessary, issue writs of execution to seize immoveable property in the cases in which it is permitted in the Circuit Court. Attachments. Return of He may also issue writs of seizure before judgment or seizures by garnishment. In cases of seizures of immoveable property as aforesaid, the writs de terris. writ of execution shall be executed by the sheriff of the district and shall be returnable and returned into the office of the prothonotary of the Superior Court of the district, in which all proceedings thereon shall be continued in conformity with the provisions of the Code of Civil Procedure. 47 V., c. 22, s. 24. May summon defendant; Witnesses; Condemn witnesses 1555. He may, by writ of summons, cause the defendant to appear before him. 43-44 V., c. 12, s. 134. 1556. He may summon any person who is pointed out to him as an important witness in a case. 43-44 V., c. 12, s. 135. 1557. He may condemn a witness to the penalties mentioned in article 1542, whenever he refuses to appear, when lawfully summoned, or to take the oath and to answer. 43-44 refusing to V., c. 12, s. 136. appear, &c; evidence in 1558. Upon the application of the plaintiff or of the de- May take fendant, the inspector may, in his discretion, receive and cause writing; to be taken in writing the depositions of the witnesses then present and adjourn the case to a future day, which he shall then fix for such purpose. 43-44 V., c. 12, s. 137. 1559. He may, in the presence or absence of the defendant, Decides determine such complaint, in a summary manner, upon the summarily; evidence given under oath by one or more witnesses, sworn before him, and levy such sum as he may adjudge to be due by such person or company to such laborers or servants, together with such costs as he may deem proper, by a warrant of distress and sale of the defendant's goods and chattels, 43-44 V., c. 12, s. 138. 1560. He may, moreover, within his division, convict upon Convict on view, any person for any contravention, punishable under the view; provisions of this section or the regulations made in virtue thereof. 43-44 V., c. 12, s. 139. 1561. The inspector may, in general, settle any difficulty, Settle all matter or thing arising from the provisions of this section, or difficulties. in contravention thereof, as well as of the regulations made under such provisions. 43-44 V., c. 12, s. 140. 1562. The clerks of inspectors of mining divisions shall be Appointment appointed by the Commissioner of Crown Lands and shall be of clerks of entitled to the same fees as clerks of commissioners' courts or and their fees. inspectors clerks of justices of the peace, as the case may be. 47 V., c. 22, s. 25. VI. SERVICE OF PAPERS. 1563. Every service, under this section, is made by a bailiff Mode of of the Superior Court, or a constable appointed for the mining service. division, in which the suit is instituted, by leaving a copy, certified by the inspector of the said division, with the defendant personally, or with a reasonable person of his family, at his domicile or place of business. 43-44 V., c. 12, s. 141. 1564. The service by a bailiff is made under his oath of Service by office. bailiff; That made by a constable is proved by a certificate, sworn By constable before a justice of the peace or the inspector of the mining division. 43-44 V., c. 12, s. 142. |