Home | Articles | Documents | Events | Sources 1859 The Management and Regulation of Coal Mines in the province of Nova Scotia.
TITLE VI. OF THE MANAGEMENT AND REGULATION OF THE PUBLIC DOMAIN. ------------------ CHAPTER 27. O F T H E C O A L M I N E S. ------------------ Part the First. 1. Whenever it shall be thought expedient by the government to open and work any mines of coal within the lands of any person for the purpose of raising and taking away coal discovered within the same, the justices, in general or special sessions, on application in writing by the party authorised to open and work any such mines, shall cause the clerk of the peace, in their presence, to draw the names of twenty-four jurors out of the petty jury list then return … - 98 - … to the supreme court of the county, who shall be persons residing at least five miles from, and having no interest in, such lands, and not being of kin to the parties interested therein, or to the persons applying for the opening and working of such mines; and the justices shall direct the clerk to issue a precept in writing to the sheriff of the county, with a list of the jurors so drawn annexed; by which precept the sheriff shall be commanded to summon the person named in such list to appear at some convenient place upon or near the said lands upon a certain day, to be at least fourteen days after the issuing of the precept, which shall be made returnable to the court of general sessions for such county, to be held next after the day appointed for the meeting of the jurors, and the clerk shall make out and sign notices in writing of the issuing of such precept, of the time and place of meeting, of jurors, and for what purpose, and upon whose application it issued; six of such notices to be posted up in the most public places in such county, and if the owner of lands do not reside within such county a notice shall be inserted in two of the Halifax newspapers. 2. Upon the day appointed for the appearance of the jurors, the sheriff shall call over the list, and of those in attendance the twelve who shall first answer to their names shall be sworn as a jury to the faithful discharge of the duties hereby required of them, and such jury shall proceed to the place intended to be opened, and there lay out so much of the lands as will be sufficient to sink a proper shaft or pit to reach the veins of coal, and also so much as will be sufficient for lodging and depositing whatever may be raised from such mines, and whatever may be necessary to bring such mines, for the purpose of opening and working the same; and the jury shall at the same time lay out and mark so much of such lands adjoining such shaft or pit as will be necessary to pass through for making a drain to carry off the water from such mines, and also so much of such lands as may be necessary to make a road or a way from such mines to the nearest navigable sea water or public highway. And such jury shall assess reasonable damages to the owners and tenants of such lands, according to the several interests therein, and as such owners or tenants ought to receive for being deprived of the use of the lands so laid off, and for injury done thereto, and for expenses imposed of separating the lands laid off from other parts of their lands, and shall fix a reasonable annual rent for the use of the lands so laid off. 3. A list of the names of such jury shall be annexed to the precept, and the verdict of the jury fixing such damages and rent, and to whom and at what time the same are to be respectively paid, shall be entered at the foot of the list … - 99 - … and shall be signed by all jurors, and the precept, with such list and the verdict of the jury annexed, shall be returned as above mentioned; and the court shall thereupon confirm the same, and order the precept and verdict of the jury to be filed, and shall make an order declaring that so soon as the persons liable by the verdict shall pay the damages therein, and shall enter into bonds, with sufficient sureties to be approved of by the sessions, to pay the annual rent to the persons respectively to whom the same is to be paid, such person shall be authorised to take possession of the lands so set off, with power to hold the same so long as they pay the stipulated annual rents. 4. The bonds mentioned in the last section shall be made to the queen for the payment of the annual rent assessed to the person who may be from time to time entitled to the same, without designating such person by name. 5. When the right shall be in dispute, or the persons entitled be unknown or uncertain, the party to whom the lands shall be laid off shall pay the damages assessed to the county treasurer, and the rent annually to such persons as the court of sessions may determine; such payment to the county treasurer shall be equivalent to the payment hereinbefore directed. 6. Payment by the party to whom the lands shall be laid off of the damages or annual rent assessed to the persons designated by the verdict as entitled thereto, or if the verdict shall not designate the persons entitled, to such persons, as in the absence of any dispute, shall be ostensibly entitled thereto, shall exonerate the party making the payment; but any persons subsequently claiming to have been entitled to the damages or rent so paid, may prosecute their claim by action for money had and received against the persons to whom the payment shall have been made. 7. In case of disputed or unknown title, the court of sessions, on application of the claimant, shall order the damages paid to the county treasurer, and the annual rent, so often as the annual rent shall become the subject of controversy, to be paid to the persons who, on due investigation by the court, shall have established their right; but no order shall be made until it shall be shewn to the court that notice has been given, sufficient, in the judgment of the court, to protect the rights of all persons who may be or may claim to be interested. 8. The party to whom the lands shall be laid off shall not be implicated in controversies between persons contesting title to the damages or annual rent. 9. The costs on conflicting claims before the sessions, and on appeal to the supreme court, shall be the same, and governed by the same rules as apply to summary application in the supreme court. 10. All decisions in the sessions shall be subject to … - 100 - … appeal to the supreme court, which the sessions shall grant on the applicant entering into a bond to the queen, with sufficient sureties, in forty pounds, conditioned for thr payment of all such costs as may be ordered by the court of appeal. 11. The bonds to the queen required by this chapter shall be available as security to be enforced for the benefit of the persons entitled; such persons shall be liable to costs in the same manner as if suits on the bond had been prosecuted in their own names. 12. In no case in which the verdict shall find the amount of damages and the amount of annual rent with sufficient certainty, shall the proceedings for laying off lands under this chapter be refused confirmation, or be aside because the person entitled to damages or annual rent are not designate by name, or sufficiently designated; or by reason of irregularity in the finding as to the persons entitled, or of any matter of form; but the sessions, subject to appeal, and the supreme court, on appeal, shall rectify any error or informality, or shall adopt such proceedings as may be necessary for determining to whom the damages or rent shall be paid, or for otherwise carrying into effect the provisions and intent of this chapter. 13. No person shall use any part of the lands so set off for any other purpose whatsoever, except such as shall be necessary for making roads, opening drains, erecting necessary works, and all other purposes connected with opening and working such mines to the most advantage; and the persons so authorised, and all persons employed about such mines, shall use the lands in such manner as will be least injurious to the owners and occupants of such lands or any other lands contiguous thereto. 14. Persons to whom possession of any lands shall be hereby given, may make and repair the roads to and from such mines, and erect thereon railways or any other conveniences to facilitate transportation of the articles necessary to be carried to and from the same, and may erect on the ground set off for the use of the shaft, houses and buildings to shelter the workmen and to contain any articles necessary to be used in and about the premises. 15. Persons erecting any engines or machines, house or buildings on the lands so set off to them, may, during their occupancy, take down the same and remove the materials thereof notwithstanding such buildings and erections may be considered in law as attached to the freehold. And the owners of all the lands set off under the authority of this chapter for the use and accommodation of the workers of such mines, shall be entitled to take possession of all lands so set off in case the working of the mines shall have ceased for six months next before the taking possession unless the working thereof shall have received any temporary interruption from some unforeseen accident; and … - 101 - … such owners shall hold the lands so taken possession of as of the first estate, but before such possession be taken reasonable notice must be given to the persons interested in the mines to remove their effects and materials off the premises. 16. If it be found expedient to re-commence working any mine after the lands set off for the use thereof shall be taken possession of by the owners, or if it be necessary to alter the quantity of land set off for the use of mines, the same proceedings shall be adopted as hereinbefore stated. 17. If any change take place of the persons authorised to work any mine, or their sureties die, remove from the province, or become insolvent, the justices in session, on application of either party, may order new bonds to be entered into; and if such new bonds be not given within a time to be limited therefore, the justices may order possession to be restored to the original owner of such lands, who may thereupon assume the possession thereof, and recover whatever compensation may be due for the time that possession of any such land may be held after such bonds ought to be given. 18. All costs incurred in carrying out these provisions shall be paid by the party authorised to open such mines. 19. Any person proposing to work any mines or minerals in any ungranted lands in this province, or in any granted lands wherein such mines and minerals were reserved at the time of the grant, may apply for a lease of such mines and minerals to the governor, by petition, setting forth, particularly, the quality and description of the mines or minerals applied for, and also a description of the lands wherein the same are situate; on receipt of such application the governor shall direct an advertisement to be inserted in the royal gazette for the space of three months, at least, notifying all persons interested, or claiming to be interested in such mines or minerals, of the application so made. 20. If such mines or minerals shall not, within twelve months from the publication of such notice, be opened and worked, the governor in council may order a lease thereof to such person or persons for such term and on such conditions as he may think fit. 21. When the working of any mine, now opened, or hereafter to be opened in this province, shall have been abandoned for a period of twelve months, the governor in council shall have the same power to lease the same as in case where a mine shall not have been worked after twelve months notice, as herein above provided. 22. Where any complaint shall be made to the governor in council, that any mines or minerals claimed under a lease from the crown, or under a lease granted pursuant to this chapter are not worked bona fide, but only colorably, or to prevent a forfeiture under the terms of such lease, and such … - 102 - … complaint shall appear to the governor in council to be well founded, the attorney general shall be directed to file in the supreme court, in the name of the queen, an information setting forth the description of the mines and minerals in question, and the substance of the complaints so made; a copy of such information shall be served upon the principal officer in charge of the mines, or in his absence, be posted up in some conspicuous place on the premises; which service or posting shall be considered sufficient notice to the parties interested, to appear and defend such information, and shall be made the same number of days, at least, as are required in ordinary proceedings in the supreme court. The party interested may appear to such information and traverse the allegation that such mines or minerals were not worked bona fide, but only colorably, or to prevent forfeiture, as aforesaid; and thereupon the issue shall be tried as other issues in the supreme court are tried, subject to the same rules and incidents, so far as the same may be applicable. On judgment for the plaintiff, by default, or after verdict, or confession, the governor in council shall have the same power to lease the mines and minerals contained in such lands, as in cases under the second section of this chapter. 23. The royalties reserved under any lease granted in pursuance of this chapter, shall not be less than those now paid by any party holding a lease under the crown of any mines and minerals in this province; and no such lease shall be made to extend beyond the year one thousand eight hundred and eighty-six. 24. The jury, under this chapter are not authorised to determine the title to lands laid off under its provisions, when the title shall be in dispute or unsettled. - 103 - SOURCE: Wilkins & Henry & Smith, 1859:98-103
Copyright and Disclaimer | Privacy Policy | Contact |