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block or tract of land in New Brunswick, every Land Surveyor acting in that portion of the Province shall and may administer an oath or oaths to each and every person whom he examines, concerning any boundary, post, or monument, or any original land mark, line, limit or angle of any lot, block or tract of land which such Surveyor may be employed to survey.
16. All evidence taken by any Surveyor as aforesaid shall be reduced to writing, and shall be read over to the person giving the same, and be signed by such person, or if he cannot write he shall acknowledge the same as correct and make his mark thereto before two witnesses, who shall sign the same, as also the Surveyor; and such evidence shall, and any plan or document prepared and sworn to as correct before any Justice of the Peace by any Surveyor with reference to any survey by him performed, may be filed and kept in the Registry Office of the County in which the lands to which the same relates are situated, subject to be produced thereafter in evidence in any Court of Law orEquity within the Province.
(1) For receiving and filing the same the Registrar shall be entitled to twenty five cents, and
(2) The expense of filing the same shall be borne by the parties in the same manner as other expenses of the survey.
MINES AND MINERALS. Section.
Section. 1 & 2 Reward for discovery of Rock 8 & 9 Mining Companies, &c. to Salt.
. keep Charts, &c. 3 Gold Mines.
10 Surveys and Books of Registry. 4 & 5 Exclusive right of owner of 11 Surveys, Maps and Plans to be
soil, subject to License and Roy verified, and copies transmitted alty.
to Provincial Secretary. 6 Surface veins of Coal exempted 12 Surveyor General may examine from Royalty.
Maps, Plans, &c. of Mining Com. 7 Exception where Minerals re panies. served.
13 May examine Mines.
SALT MINES. 1. The Governor in Council shall grant a remuneration consistent with the public interest, to any person who shall first discover and make known to the Government the situas tion of any deposit of Rock Salt within the Province.
2. Such remuneration shall be confined to a proportion of the revenue derived therefrom.
GOLD MINES. 3. The Governor in Council is hereby authorized to make rules and regulations for digging and mining for Gold in and upon ingranted Crown Lands, and to authorize the granting of leases and licenses for that purpose without competition
COAL AND OTHER MINES. 4. The exclusive right of digging and raising Coal or other Mineral; shall be rested in the owner of the land wherein such Coal or Mineral is found to exist ; but before he shall dig or raise, such Coal or Mineral he shall obtain license therefor from the Governor in Council. .
5. The Governor in Council may, except in cases where the owner has the right to mine without the payment of Roy. alty, issue a license to the owner of any land, or his assignee, for that purpose, to dig and raise Coal and other Minerals therefrom, upon such terms and on payment of such rent or royalty, and subject to such rules and regulations, as the Governor in Council may prescribe.
6. All veins or deposits of Coal on granted lands, known as surface veins, and not exceeding two feet in thickness, may be inined and worked, and the said Coal removed, shipped and disposed of, without the payment of any Royalty whatever.
7. The aforegoing Sections shall not affect, impair or interfere with the rights or duties of any licensee acquired under any license heretofore granted, nor with any grant in which the Minerals are reserved.
INSPECTION OF MINES. 8. All Mining Companies, party or parties, shall keep accurate maps and plans of their Mines, comprising all the workings thereof, showing all the shafts, drifts, adits, levels, and all other workings and excavations whatsoever belonging thereto.
9. There shall be kept in the office of all Mining Companies maps and plans, on which shall be delineated accurate drawings of all the veins, seams or beds of coal, and all other minerals, showing their trųe magnetic course and angle of dip of the same.
10. An accurate survey shall be made by the agents of all Mining Companies, or some competent surveyor, from time to time, and the same shall be added to said maps and plans as the works proceed; and also a book of registry shall be kept, in which shall be registered accurate magnetic courses of all veins, seams or beds of coal, and other minerals, and also the true course and length of all the drifts, adits, levels, and all other workings and excavations whatsoever belonging thereto.
11. The truth of such surveys, maps and plans shall be sworn to by two or more credible persons principally employed in or about the works and management of such Mine or Mines before a Justice of the Peace, and a true copy of the said maps and plans shall be safely transmitted to the Provincial Secretary's Office, as often as once in each and every year, in the month of January.
12. The Surveyor General, Deputy Land Surveyor, or such person or persons as may be appointed by the Government of this Province, or any land owners or Mining Companies or their agents that have lands or property adjoining such Mine or Mines, shall have a right to see all maps and plans also the books in which all registered surveys have been kept and may have full liberty from time to time, or at any time. to make copies or extracts from all or any of the maps and plans of said adjoining Mines, comprising all the shafts, drifts, adits, levels, courses and dip of veins, seams and beds of coal, and all other minerals belonging thereto.
13. It shall be lawful for the Surveyor General, Deputy Land Surveyor, land owners and Mining Companies or their agents that have lands or property adjoining such Mine or Mines, to enter and go down at any time or times in the said adjoining Mines, to descend by the ropes, guys, engines, or any other machinery or utensils used at any of the shafts belonging to the said Mines, with full liberty to make surveys, views, plumb line and measure all the said drifts, levels and workings, excavations and extensions whatsoever belonging thereto,and by the same ways and means to ascend and come up out of the said Mine or Mines, shafts, pits, or any of them. CHAPTER 19. THE ESCHEAT OF MINING LEASES AND MILL RESERVES. Section.
Section. 1 When Mining Lease may be for 3 When Licensee may require Com• feited.
mon Law mode of proceedings 2 Process.
to be adopted. 1. On the report of the Attorney General to the Governor in Council that the conditions of any mining lease, license, or mill reserve, have not been complied with, and the same is therefore liable to forfeiture, the Governor in Council may direct the Attorney General to give not less than thirty days notice to the holder of any such right. of the ground of forfeiture, and unless he shall within that time make it appear to the satisfaction of the Governor in Council that there were no such grounds of forfeiture as are mentioned in such notice, the same shall be forfeited.
2. Upon proof of the dua service of such notice in like manner as common process out of the Supreme Court is re- * quired to be served, or if such person shall be beyond the limits of the Province, or cannot be found within the same, then upon proof by affidavit of the service of such notice upon his attorney, agent, or representative (if any) within the Province, or by publication of such notice for three consecutive months in the Royal Gazette, the Governor in Council may escheat such lease, license, or reserve, upon such equitable terms and conditions as he may deem right, and regu. late the expenses thereof, and thereupon order a record of such escheat under the Great Seal to be filed in the Secre. tary's Office; which record, or a certified copy thereof under the hand of the Secretary, shall be evidence of such escheat in all Courts.
3. If the holder of such right shall in person, or by Attorney, appear on or before the day fixed in the notice for the hearing, and require the common law mode of proceeding to be pursued, the Governor in Council shall allow the same on his giving a bond to the Queen, with two sureties, in the penal sum of two hundred dollars, conditioned for the payment of all expenses of the escheat, if effected.
BOARD OF WORKS. Section.
Section. 1 Board constituted.
17 Timber, stone, &c. may be taken 2 Shall have supervision of Great for Public Works from licensed
Roads, Bridges & Public Works. Crown Lands. 3 Shall have the care of Government 18 Compensation to Licensee. House ;
19 Arbitration. 4 And of the Province Buildings. 20 Arbitration oath. 5 Board charged with care of re 21 Claimant to give notice. Tender
pairs, &c., on Lunatic Asylum. and proceedings thereafter. 6 Chief Commissioner's Report to 22 Claimant to give security.
the Governor in Council to be 23 No arbitration after expiry of six laid before the Legislature.
months after damage done. 7 Board may employ necessary otfi 24 No suit to be brought against cers.
Chief Commissioner 8 May summon witnesses.
25 Arbitrators may fix time for bear. 9 Fines to be accounted for.
ing and summon witnesses. 10 Chief Commissioner may adminis. 26 Shall deliver copy of award with. ter oath.
in one month. 11 Shall have powers of a Supervisor 27 Costs. of Great Roads.
28 & 29 Railway Companies may be 12 Moneys received and expended required by Chief Commissioner
by the Board, how accounted for. to take certain precautions to 13 Expenses of Board paid by War protect travellers. '. rant.
30 Notice to President or Managers. 14 Contracts to be made in the name 31 Chief Commissioner may erect of her Majesty.
gates, &c. at crossing at expense 15 & 16 Salary of Chief Commissioner of Company in default.
-None to other Members of 32 Interpretation of terms. Board. 1. There shall be a Board composed of a Chief Commissioner and two other persons, being Members of the Executive Council, which Board shall be styled “The Board of Public Works."
2. The said Board shall have the general supervision and control of all the Great Roads, and Bridges, and of all Public Works(except Bye Roads),connected with the improvement of the Province.
3. The land upon which Government House stands shall continue to be vested in Her Majesty, for the sole purpose of a residence for the Lieutenant Governor; and the care and management of the said Government House and premises, and the control of the repairs and improvements in connection therewith, shall be vested in the said Board of Works.
4. The said Board shall also have the care and management of the grounds enclosed around the l'rovince Buildings in Fredericton, and the said Board may appoint a person to look after and protect such grounds, and the enclosures there. of, who shall, during his continuance in office, be deemed