Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Murdoch, Thomas William Clinton to
Elliot, Thomas Frederick 8 August 1865, CO 60:23, no. 7589, 90.
Abstract
Murdoch, Thomas William Clinton to
Elliot, Thomas Frederick 8 August 1865, CO 60:23, no. 7589, 90.
Public Offices document.
Minutes (2).
Murdoch to Elliot (Assistant Under-Secretary)
Emigration Board
8th August 1865
Sir,
I have to acknowledge your letter of 31st ultimo,
with a despatch from the Governor of British Columbia enclosing
an Ordinance passed by the Legislature of that Colony entitled,
An Ordinance to amend and Consolidate the Gold Mining Laws.
2. The Attorney General states that this Ordinance is
rather a re-arrangement of the various proclamations existing
on the subject
than the enactment of a new Law. The great
bulk of it consists of minute regulations relating to the
establishment of Miners rights and the manner of working Mines.
It provides for the appointment of Gold Commissioners and the
establishment of Miners Courts in which the Commissioner is to
preside—it gives the Commissioner power to decide all cases
brought before him without a jury—and to enforce his decisions
in the same manner as a Judge of the Supreme Court. But in
cases exceeding £50 in value it allows
an appeal to the Supreme
Court. In respect to Miners the Ordinance provides that every
person over 16 years of age shall be entitled to hold a claim—that
a Miners Certificate shall be for either one or three years
at a fee of £1 for each year—that 3 days but not more shall
be allowed for the renewal of an expired Certificate, and that
during the currency of the Certificate every free Miner shall
have a right to enter and mine on any unoccupied Crown Lands.
Miners "locating" claims are bound to register them within 3
days if within 10 Miles of the Office—with an allowance of
one day additional for each additional 10 miles distance. Claims
are to be registered annually. In case of dispute priority
of registration is to give prima facie a title. Transfer of
claims are to be by written documents registered with
the Gold Commissioners. A miner may hold any number of
claims by purchase, and one quartz and one other claim by
preemption—he may also hold a claim on each Hill, creek or
ravine, provided they be not less than 10 Miles apart.
Adjacent claim holders may be allowed by the Gold Commissioner
an entry into a claim, if absolutely
necessary to the
working of their own claims, upon such terms as may
appear reasonable to the Commissioner. Claims unworked
for 72 hours (excluding Sundays and Holidays) are, except
sickness or reasonable cause be shown, to be considered
abandoned. The size of claims and the mode of working them
according to the features of the Country is prescribed—and
provision is made for the drainage of Mines. Mining Partnerships
are recognized and Limited Liability upon the cost book system
is provided for. The Commissioner is empowered to grant leases
for a period not exceeding 10 years of extents
varying according
to the nature of the land—such leases to be understood to
contain a reservation of the rights of the Crown and of rights
of way and water to the public, and also to contain a convenant
by the Lessee to work the mine "in a minerlike way." The
Commissioner is also authorized to give a right for a term not
exceeding 5 years to divert any creek, stream or Lake, and
regulations are made to secure the rights of others and to
provide for the settling of disputes. The size of ditches and
rules for measuring the water are laid down, and also the mode
of compensation for damage done to
ditches or watercourses in
the construction of roads or other works, and for damage done
by the giving way of ditches or water privileges. The
Commissioner is empowered on the requisition of not less than
101 free Miners in a district to constitute a "Mining Board,"
to consist of not less than 6 nor more than 12 Miners of the
district, elected by the votes of the Miners. The Board is
to have power to make Bylaws to be approved by the Gold
Commissioner, but the Governor is empowered by an order under
the public Seal at any time to dissolve any Mining Board.
Lastly provision is made for enforcing
penalties for infractions
of the Law, but rights acquired previous to its enactment
are not to be affected by it.
than the enactment of a new Law. The great
bulk of it consists of minute regulations relating to the
establishment of Miners rights and the manner of working Mines.
It provides for the appointment of Gold Commissioners and the
establishment of Miners Courts in which the Commissioner is to
preside—it gives the Commissioner power to decide all cases
brought before him without a jury—and to enforce his decisions
in the same manner as a Judge of the Supreme Court. But in
cases exceeding £50 in value it allows
an appeal to the Supreme
Court. In respect to Miners the Ordinance provides that every
person over 16 years of age shall be entitled to hold a claim—that
a Miners Certificate shall be for either one or three years
at a fee of £1 for each year—that 3 days but not more shall
be allowed for the renewal of an expired Certificate, and that
during the currency of the Certificate every free Miner shall
have a right to enter and mine on any unoccupied Crown Lands.
Miners "locating" claims are bound to register them within 3
days if within 10 Miles of the Office—with an allowance of
one day additional for each additional 10 miles distance. Claims
are to be registered annually. In case of dispute priority
of registration is to give prima facie a title. Transfer of
claims are to be by written documents registered with
the Gold Commissioners. A miner may hold any number of
claims by purchase, and one quartz and one other claim by
preemption—he may also hold a claim on each Hill, creek or
ravine, provided they be not less than 10 Miles apart.
Adjacent claim holders may be allowed by the Gold Commissioner
an entry into a claim, if absolutely
necessary to the
working of their own claims, upon such terms as may
appear reasonable to the Commissioner. Claims unworked
for 72 hours (excluding Sundays and Holidays) are, except
sickness or reasonable cause be shown, to be considered
abandoned. The size of claims and the mode of working them
according to the features of the Country is prescribed—and
provision is made for the drainage of Mines. Mining Partnerships
are recognized and Limited Liability upon the cost book system
is provided for. The Commissioner is empowered to grant leases
for a period not exceeding 10 years of extents
varying according
to the nature of the land—such leases to be understood to
contain a reservation of the rights of the Crown and of rights
of way and water to the public, and also to contain a convenant
by the Lessee to work the mine "in a minerlike way." The
Commissioner is also authorized to give a right for a term not
exceeding 5 years to divert any creek, stream or Lake, and
regulations are made to secure the rights of others and to
provide for the settling of disputes. The size of ditches and
rules for measuring the water are laid down, and also the mode
of compensation for damage done to
ditches or watercourses in
the construction of roads or other works, and for damage done
by the giving way of ditches or water privileges. The
Commissioner is empowered on the requisition of not less than
101 free Miners in a district to constitute a "Mining Board,"
to consist of not less than 6 nor more than 12 Miners of the
district, elected by the votes of the Miners. The Board is
to have power to make Bylaws to be approved by the Gold
Commissioner, but the Governor is empowered by an order under
the public Seal at any time to dissolve any Mining Board.
Lastly provision is made for enforcing
penalties for infractions
of the Law, but rights acquired previous to its enactment
are not to be affected by it.
3. I have not attempted to give a detailed abstract
of all the 149 clauses which this Ordinance contains, but
have only noticed those which appear the more important or
which embody principles. It appears to me that a great
portion of the Ordinance would have been more conveniently
promulgated in the shape of regulations by the Governor,
the Legislature conferring upon him
the power to make such
regulations. This would have allowed of the more easy
revision and alteration of such as in so new a state of
things must constantly require reconsideration. At the
same time I admit at once that the Local Authorities must
be considered the best judges of the form in which a Law
of this kind should be framed, and as the convenience of
regulations is self evident there were I presume objections
to that course of proceeding which do not occur to me.
the power to make such
regulations. This would have allowed of the more easy
revision and alteration of such as in so new a state of
things must constantly require reconsideration. At the
same time I admit at once that the Local Authorities must
be considered the best judges of the form in which a Law
of this kind should be framed, and as the convenience of
regulations is self evident there were I presume objections
to that course of proceeding which do not occur to me.
4. In other respects it does
not occur to me that the
Ordinance is open to objection, and I would accordingly
recommend that it should be sanctioned.
not occur to me that the
Ordinance is open to objection, and I would accordingly
recommend that it should be sanctioned.