Reports of Mining Cases Decided by the Courts of British Columbia and the Courts of Appeal Therefrom to the 1st of October, 1902 Volume 1; With an Appendix of Mining Statutes from 1853 to 1902 and a Glossary of Mining Terms (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 Excerpt: ...ApiwaltoS-C. The plaintiff appealed to the Supreme Court of Canada and the argument was heard on March 11th, 1902. J. A. Russell, for the appellants. The appellants adopted the pro-1902. ceedings provided by sec. 37 of the Mineral Act for asserting their _I_16" adverse right and contend that sec. 28 does not override sees. 30 and Suprkmk 37. Section 37 provides the only remedy open to an adverse claim-df Canada. ant: Hand v. Warren, 7 B. C. Eep. 42, ante, p. 376; Gelinas v. Clark, A ent 8 B. C. Eep. 42, ante, p. 428. Section 28 has no bearing on "adverse proceedings" taken under sees. 36 and 37. Tt has to do only with disputes between the party obtaining a certificate of work and the government in matters of irregularities affected by fraud, to protect the free miner against his own admissions or irregularities in the same way that sec. 53 of the Act protects him from the omissions or irregularities of the government or its officials. This view of sec. 28 is confirmed in Coplen v. Callahan. 30 Can. S. C. E. 555, per Gwynne, J., at page 557, ante, p. 348. The appellants also contend that work, as well as the certificate of work is necessary 'in order to keep alive the title to any mineral claim. Here the irregularity happened at the dates of the certificates of work, not previously thereto. This section is imperative that work on the claim itself shall be done. It is not sufficient that the Mining Eecorder shall be made to believe by a false or insufficient affidavit that work has been done where, as a matter of fact, no work lias been done. The certificate of work granted and recorded under such circumstances is merely evidence that the affidavit mentioned in this section has been produced to the Mining Recorder. He is not given any option to...