Placer Claim, Atlin Lake Mining Division of the Cassiar Electoral District, in the Discoverers of Placer Claims in the Said District

Total Page:16

File Type:pdf, Size:1020Kb

Placer Claim, Atlin Lake Mining Division of the Cassiar Electoral District, in the Discoverers of Placer Claims in the Said District 1900. PINE CREEK DISCOVERY CONFIRMATION. CHAP. 29. CHAPTER 29. An Act to vest the title to the "Discovery" Placer Claim, Atlin Lake Mining Division of the Cassiar Electoral District, in the Discoverers of Placer Claims in the said District. [31st August, 1900.] HEREAS Fred Miller and Kenneth McLaren, both of the Town Preamble, W of Atlin, in the Province of British Columbia, Free Miners, were the original discoverers of placer mining claims on Pine Creek, in the Atlin Lake Mining Division of the Cassiar Electoral District, in the said Province, and believing said division to be within the territorial boundaries of the North-West Territories, jointly located as "Discov­ ery" Claim on Pine Creek, a claim of twelve hundred feet in the bed of the said creek, according to the laws of the said Territory: And whereas it was afterwards determined that the said Pine Creek was within the Province of British Columbia: And whereas the original location, staking and recording of claims in said Mining Division under the laws of the said Territory led to confusion and difficulty in determining the title to many placer claims therein: And whereas the Honourable Paulus iEmilius Irving, one of Her Majesty's Puisne Judges of the Supreme Court of British Columbia acting as (Jommissioner for hearing and deciding upon disputes within the said Mining Division under the provisions of the "Bennett-Atlin Commission Act, 1899," excepted certain placer bench claims within the limits of the "Discovery" Claim which the said Miller and McLaren would be entitled to under the laws of the Province of British Colum­ bia, and awarded the same to certain persons, a schedule of such excepted placer bench claims and the persons to whom the same were awarded being set forth in the Schedule "A" to this Act: 113 CHAP. 29. PINE CREEK DISCOVERY CONFIRMATION. 64 VICT. And whereas the said Commissioner by his said decree directed the said Miller and McLaren to apply to the Gold Commissioner for the said Mining Division to re-stake their "Discovery" Claim according to the provisions of the British Columbia "Placer Mining Act": And whereas the said Miller and McLaren did, on or about the 24th day of August, 1899, obtain permission from the Gold Commissioner of the said Division to re-stake the said " Discovery " Claim, and did, on or about the said 24th day of August, 1899, re-stake the said " Discovery " Claim in accordance with the provisions of the British Columbia "Placer Mining Act" as a discovery claim for two discoverers: And whereas it is just and equitable that the said "Discovery" Claim so re-staked as aforesaid should be vested in the said Miller and McLaren as the original locators and discoverers of placer claims in the said Mining Division, save and except the said placer bench claims so allowed by the said Commissioner: Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:— Short title. 1. This Act may be cited as the "Pine Creek Discovery Confirm­ ation Act, 1900." Discovery claim to 2. The Gold Commissioner for the Bennett Lake and Atlin Lake of Fred Miller and Mining Divisions of the Cassiar Electoral District of the Province of Kenneth McLaren. Britjsn Columbia shall, forthwith, after the passage of this Act, record in the names of the said Fred Miller and Kenneth McLaren, jointly, Size of claim. the said " Discovery " Placer Mining Claim, being 598| feet in length, and extending in width 1,000 feet, situate on Pine Creek aforesaid, about eight miles from Atlin Lake, in the said Atlin Lake Mining- Division, according to the plan of survey thereof on file in the office of the said Gold Commissioner, save and except the portions thereof excepted by the decree of the said the Honourable Paulus iEmilius Irving, Special Commissioner appointed under the " Bennett-Atlin Commission Act," made in the matter of the title to the said "Dis­ covery " Claim, and dated the 5th day of July, 1899. Operation of Act. 3. The said Fred Miller and Kenneth McLaren shall be deemed to have been, and to be, subject to the said decree and the provisions of the "Placer Mining Act" and Amending Acts not inconsistent with this Act, the owners of the said " Discovery " Claim and as from and after the 30th day of August, 1898, and may hold, possess and enjoy the same, and every part thereof, as if the same had been in the first instance duly staked and recorded under the provisions of the "Placer Mining Act" in force in the Province of British Columbia on the 30th day of August, 1898. 114 1900. PINE CREEK DISCOVERY CONFIRMATION. CHAP. 29. 4. It shall not be lawful for the said Miller and McLaren to disturb Persons who have any person who, prior to the coming into force of this Act, has erected not to be disturbed, a building upon said land, except in so far as the Gold Commissioner may decide is necessary for the purpose of placer mining upon said claim. SCHEDULE "A" Referred to in the preamble to this Act. CLAIMS. AWARDED TO. The Melrose Bench Claim George Johnson. The Golden Rod Bench Claim No. 1 Olaf Parry. The Golden Rod Bench Claim No. 2 J. W. Whetham. M. H. Rose, C. D. Volkert, The Nugget Hill Group Nos. 2, 3 and 4 R. N. Perry and Charles J. Thompson. VICTORIA, B. C. : Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty. 1900. I 115 .
Recommended publications
  • Patent Law Update the Key Patent Law Issues and Topics You Need to Know for 2012
    Patent Law Update The key patent law issues and topics you need to know for 2012 Seattle, Washington May 23, 2012 Seattle Patent Law Update 2012 Table of Contents Patent Law Update Program Presentation Relevant Articles CxO Summary of the America Invents Act Federal Circuit Issues En Banc Decision in Marine Polymer: No Reexamination Intervening Rights Absent Textual Amendment to Claim Language Supreme Court Issues Groundbreaking Decision Limiting the Types of Methods that are Eligible for Patenting Supreme Court Allows Generic Manufacturers to Challenge Overbroad Use Codes Supreme Court Rejects Deference to PTO in Hyatt Federal Circuit Clarifies Standard for Joinder of Multiple Defendants in Patent Infringement Cases Biographies of Faculty Ewa Davison Darren Donnelly Pauline Farmer-Koppenol Melanie Mayer Heather Mewes Rajiv Patel David Tellekson Fenwick & West LLP May 23, 2012 Patent Law Update 2012 PATENT LAW UPDATE The key patent law issues and topics in 2012 Topics .Decisions on Patent Issues 2011 / 2012 .Patentable Subject Matter .Claim Construction .Section 112 . PATENT LAW UPDATE LAW PATENT Overview of the America Invents Act (“AIA”) .PtPost-Gran t Pat ent Oppositi ons Un der the AIA .Forum and Discovery Issues .Patent Law and Ethics in 2011 2 Educational purposes only; Not intended to be legal advice 1 Fenwick & West LLP May 23, 2012 Patent Law Update 2012 Faculty . Virginia DeMarchi . Ewa Davison Partner, Litigation Group Associate, Litigation Group . Darren Donnelly . Pauline Farmer-Koppenol Partner, Litigation Group Associate, Patent Group . Heather Mewes . Melanie Mayer Partner, Litigation Group Associate, Litigation Group PATENT LAW UPDATE LAW PATENT . Rajiv Patel Partner, Patent Group . David Tellekson Partner, Litigation Group 3 PATENT LAW UPDATE The key patent law issues and topics in 2012 Supreme Court - Federal Circuit en banc Decisions on Patent Issues - 2011/2012 David K.
    [Show full text]
  • A Tragedy of the Anticommons: the Economic Inefficiencies of Space Law, 38 Brook
    Brooklyn Journal of International Law Volume 38 | Issue 2 Article 2 2013 A Tragedy of the Anticommons: The conomicE Inefficiencies of Space Law Benjamin David Landry Follow this and additional works at: https://brooklynworks.brooklaw.edu/bjil Recommended Citation Benjamin David Landry, A Tragedy of the Anticommons: The Economic Inefficiencies of Space Law, 38 Brook. J. Int'l L. (2013). Available at: https://brooklynworks.brooklaw.edu/bjil/vol38/iss2/2 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of International Law by an authorized editor of BrooklynWorks. A TRAGEDY OF THE ANTICOMMONS: THE ECONOMIC INEFFICIENCIES OF SPACE LAW Benjamin David Landry* INTRODUCTION .................................................................. 524 I. A TRAGEDY OF THE ANTICOMMONS ................................ 527 A. Economic Inefficiencies Arising from the Regulation of Shared Resources ..................................................... 527 B. A Brief History of Space Law .................................. 528 C. The Outer Space Treaty ........................................... 532 D. The Moon Treaty ..................................................... 534 E. Other Applications of the Res Communis Principle ...................................................................................... 536 1. Antarctica ............................................................. 536 2. The Deep Sea .......................................................
    [Show full text]
  • History of Science Society Annual Meeting San Diego, California 15-18 November 2012
    History of Science Society Annual Meeting San Diego, California 15-18 November 2012 Session Abstracts Alphabetized by Session Title. Abstracts only available for organized sessions. Agricultural Sciences in Modern East Asia Abstract: Agriculture has more significance than the production of capital along. The cultivation of rice by men and the weaving of silk by women have been long regarded as the two foundational pillars of the civilization. However, agricultural activities in East Asia, having been built around such iconic relationships, came under great questioning and processes of negation during the nineteenth and twentieth centuries as people began to embrace Western science and technology in order to survive. And yet, amongst many sub-disciplines of science and technology, a particular vein of agricultural science emerged out of technological and scientific practices of agriculture in ways that were integral to East Asian governance and political economy. What did it mean for indigenous people to learn and practice new agricultural sciences in their respective contexts? With this border-crossing theme, this panel seeks to identify and question the commonalities and differences in the political complication of agricultural sciences in modern East Asia. Lavelle’s paper explores that agricultural experimentation practiced by Qing agrarian scholars circulated new ideas to wider audience, regardless of literacy. Onaga’s paper traces Japanese sericultural scientists who adapted hybridization science to the Japanese context at the turn of the twentieth century. Lee’s paper investigates Chinese agricultural scientists’ efforts to deal with the question of rice quality in the 1930s. American Motherhood at the Intersection of Nature and Science, 1945-1975 Abstract: This panel explores how scientific and popular ideas about “the natural” and motherhood have impacted the construction and experience of maternal identities and practices in 20th century America.
    [Show full text]
  • C:\A Projects\AAA IBLA Decs\078IBLA\L215-231.Wpd
    UNITED STATES v. EVA M. POOL ET AL. IBLA 82-39 Decided January 6, 1984 Appeal from the decision of Administrative Law Judge Robert W. Mesch declaring mining claims and millsite claim null and void. AZ 13970 through AZ 13973. Affirmed in part, reversed in part. 1. Evidence: Burden of Proof -- Mining Claims: Contests -- Mining Claims: Determination of Validity -- Mining Claims: Discovery: Generally When the Government contests the validity of a mining claim on the basis of lack of discovery, it bears only the burden of going forward with sufficient evidence to establish a prima facie case. Once a prima facie case is presented, the claimant must present evidence which is sufficient to overcome the Government's showing on those issues raised. Where the Government fails to present sufficient evidence to establish a prima facie case, the claimant need not present evidence in order to prevail. If a claimant, however, does present evidence, the determination of the validity of a claim must be made on the basis of the record as a whole, and not just a part of the record. A claimant need not affirmatively establish the existence of a discovery where there has been no prima facie case. The only risk that the claimant runs in such a situation is the risk that the evidence as a whole will establish by a preponderance of the evidence that an element of discovery is not present. APPEARANCES: Stephen P. Shadle, Esq., Yuma, Arizona, for appellants. 78 IBLA 215 IBLA 82-39 OPINION BY ADMINISTRATIVE JUDGE BURSKI Eva M. Pool and others 1/ have appealed from the decision of Administrative Law Judge Robert W.
    [Show full text]
  • Reader Is Encouraged to Examine the Documents Listed in the References Cited Section of This Report
    Captions for photos on cover page: Top Left: Angular-to-sub-angular placer gold-quartz nuggets from Upper Tobin Creek below the Mikado Vein structure. Photo by LSGMC. Center Left: Quartz-sulfide vein showing native gold in association with arsenopyrite at Mikado Mine. Photo by LSGMC. Bottom Right: Chandalar Mining district discoverer Frank Yasuda and prospecting partner Thomas G. Carter, circa 1913. Photo from Yasuda family collections as published in Hawley and Bundtzen (2003). ii Gold Deposits of the Chandalar Mining District, Northern Alaska: An Information Review and Recommendations Version One TABLE OF CONTENTS I. Summary and Conclusions ……………………………………………………………………… 1 II. Introduction ……………………………………………………………………………………….. 4 III. Location, Access, and Geography ……………………………………………………………… 6 IV. History of Exploration and Development ………………………………………………………. 10 V. Property Description, Ownership, and Infrastructure …………………………………………... 15 Land Issues ………………………………………………………………………………… 15 Water Rights ……………………………………………………………………………….. 18 Infrastructure ……………………………… ……………………………………………… 18 VI. Regional Geology of the Koyukuk-Chandalar Region …………………………………………. 20 Bedrock Geology ……………………………………………………………………………. 20 Quaternary Geology ………………………………………………………………………… 21 Regional Tectonic Setting …………………………………………………………………… 22 VII. Geology of the Chandalar Mining District ……………………………………………………. 27 Lower Plate Sequence ……………………………………………………………………….. 27 Upper Plate Sequence ……………………………………………………………………….. 32 Intrusive Rocks of the Chandalar Mining District ………………………………………….
    [Show full text]
  • The Doctrine of Discovery in the United States and New Zealand Robert J
    Volume 111 | Issue 3 Article 11 April 2009 An Indigenous Lens into Comparative Law: The Doctrine of Discovery in the United States and New Zealand Robert J. Miller Lewis & Clark Law School Jacinta Ruru Faculty of Law, University of Otago, New Zealand Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Comparative and Foreign Law Commons Recommended Citation Robert J. Miller & Jacinta Ruru, An Indigenous Lens into Comparative Law: The Doctrine of Discovery in the United States and New Zealand, 111 W. Va. L. Rev. (2009). Available at: https://researchrepository.wvu.edu/wvlr/vol111/iss3/11 This Article is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. Miller and Ruru: An Indigenous Lens into Comparative Law: The Doctrine of Discover AN INDIGENOUS LENS INTO COMPARATIVE LAW: THE DOCTRINE OF DISCOVERY IN THE UNITED STATES AND NEW ZEALAND Robert J. Miller* JacintaRuru** 1. THE DOCTRINE OF DISCOVERY ........................................................... 852 A. England and Discovery.......................................................... 854 B. The Elements of Discovery .................................................... 856 H. THE DOCTRINE OF DISCOVERY IN UNITED STATES LAW ................... 858 A. The Colonial Law of Discovery ............................................. 858 B. The State Law of Discovery ................................................... 861 C. United States Law and Discovery to 1823 ............................. 864 D. Discovery and Manifest Destiny ............................................ 871 III. THE DOCTRINE OF DISCOVERY IN NEW ZEALAND LAW .................... 876 A. Claiming Sovereignty: 1840 .................................................. 878 B. Sym onds 1847 .......................................................................
    [Show full text]
  • Living Before, Through, and with Markman: Claim Construction As a Matter of Law
    Buffalo Intellectual Property Law Journal Volume 1 Number 1 Article 3 7-1-2001 Living Before, Through, and With Markman: Claim Construction as a Matter of Law John R. Lane Frommer Lawrence & Haug LLP Christine A. Pepe Hopgood Calimafde Judlowe & Mondolino LLP Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffaloipjournal Part of the Intellectual Property Law Commons Recommended Citation John R. Lane & Christine A. Pepe, Living Before, Through, and With Markman: Claim Construction as a Matter of Law, 1 Buff. Intell. Prop. L.J. 59 (2001). Available at: https://digitalcommons.law.buffalo.edu/buffaloipjournal/vol1/iss1/3 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Intellectual Property Law Journal by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. LIVING BEFORE, THROUGH, AND WITH MARKMAN. CLAIM CONSTRUCTION AS A MATTER OF LAW JOHN R. LANEt CHRISTINE A. PEPEt INTRODUCTION The issues surrounding the meaning and scope of patent claims are in most cases pivotal to the determination of whether an accused product or process infringes the patent in suit. These issues can also be central to the question of patent validity, which is typically challenged by a defendant sued for infringement. Although district courts in jury cases had discretion to leave questions of claim interpretation for the jury to decide en route to the jury's ultimate factual determination of infringement, and did so in many important patent trials, the Court of Appeals for the Federal Circuit concluded that the issue of claim in- terpretation was purely a matter of law within the exclusive province of the court.
    [Show full text]
  • Legal Claims to Newly Emerged Islands
    Comments LEGAL CLAIMS TO NEWLY EMERGED ISLANDS If a new island arose from the sea, as is likely to occur between the Volcano and Mariana Islands, to which State would it appertain?This Comment examines four theories of international law through which States might attempt to claim new islands. One theory derives from the 1958 Geneva Conventions on the Law of the Sea. The others are the cus- tomary internationallaw doctrines of contiguity, occupation and discovery. After determining that in this location only occupation and discovery would be applicable,the Comment concludes with an analysis of whether a claim would be polit- ically feasible. There was a tremendous explosion as the liquid rock struck water and air together. Clouds of steam rose miles into the air. Ash fell hissing upon the heaving waves. Detonations shattered the air for a moment and then echoed away in the immensity of the empty wastes. But rock had at last been deposited above the surface of the sea. An island-visible were there but eyes to see, tangible were there fingers to feel-had risen from the deep.' In March, 1974, a Japanese fishing vessel was sailing approximate- ly 150 miles northwest of the Mariana Islands when it encountered a previously unknown area of water no more than ten feet deep.2 The fishermen reported their discovery to the Japanese Maritime Safety Agency, which radioed warnings of the shallow spot. The Agency also requested reports of any other spots discovered. In late 1975 the United States obliged, having found an area only 177 feet deep some nineteen miles from the previous discovery.
    [Show full text]
  • Rights of Conquest, Discovery and Occupation, and the Freedom of the Seas: a Genealogy of Natural Resource Injustice
    Rights of Conquest, Discovery and Occupation, and the Freedom of the Seas: a Genealogy of Natural Resource Injustice Los derechos de conquista, descubrimiento y ocupación, y la libertad de los mares: una genealogía de la injusticia sobre los recursos naturales Petra Gümplová Max Weber Centre for Advanced Cultural and Social Studies - University of Erfurt, Germany [email protected] Abstract: This paper analyzes the colonial origins of three international law principles – the right of conquest, the right of discovery and occupation, and the freedom of the seas. I argue that each of these rights was established as an international legal principle to faci- litate the colonization of distant peoples, their territories and lands, and for the purpose of the accumulation of their natural resources. The paper discusses how these rights were justified, what set of exclusive powers and immunities they conferred, and how they are linked to three distinct modern legal regimes of rights over natural space and its resour- ces – territorial sovereignty, private property rights to foreign land, and global maritime commons. While I expose each of these international law principles’ morally arbitrary origins reflecting specific conditions and aims of particular colonial projects, I also argue that the regimes of rights over natural resources they institutionalized are convergent in the sense that they enabled a quintessentially unjust appropriation and exploitation of natural resources. The article also points to ways in which the logic and the operation of these regimes continue to shape the unjust use of natural resources to this day. Keywords: conquest, settlement, free sea, natural resources, injustice.
    [Show full text]
  • Early History of Mining in Arizona – Acquisition of Mineral Rights, 1539-1866
    Chapter One Early History of Mining in Arizona Acquisition of Mineral Rights 1539-1866 ©1987 by john C. Lacy Introduction to get members of the party to retrace their steps on his Arizona provides an unusual historical case study of its behalf. When all refused, Mendoza bought Estebanico and mineral development through mineral laws. The first sent Marcos de Niza, a Franciscan friar, to Arizona to in­ Spanish explorers did not necessarily come to the portion vestigate the story. of this country that came to be known as Arizona out of In March of 1539, Niza, Estebanico and a small party a love of adventure but were driven by a promise made of support personnel traveled north through the Santa by the mineral laws that one could keep at least a por­ Cruz Valley to the Gila River and then continued through tion of any mineral riches that might be found. As time Apacheria to the land of the Hopi in northern Arizona. progressed, however, the legal foundation of laws were fre­ There, Estebanico was killed by Indians and Niza aborted quently unclear or non-existent and laws enacted by ad his mission. For reasons known only to Niza, he reported hoc self-governing groups often premised their enforce­ sighting the seven cities of gold in Hopi land. Thus, based ability on as little as local consensus. on Niza's report, and a second inconclusive report from The activities taken in compliance with the 1536-1550 Melchior Diaz and Juan de Zaldivar, Viceroy Mendoza ordinances of Viceroy Mendoza, the regal codes of 1584 authorized an expedition to be undertaken by Francisco and 1783, gold rush mining district regulations, and the Vasquez de Coronado.
    [Show full text]
  • To Download the PDF File
    WEDNESDAY WEDNESDAY, AUGUST, 29 the world. In this session, leading figures from different geographic regions will share their experiences and perspectives. 001. STS Journal Roundtables The session will extend engagement with the conference theme, Single Paper Submission “Transnational STS,” and will complement the conference Special Event exhibition, “STS Across Borders.” The session will be moderated 9:00 to 11:30 am by 4S President Kim Fortun. Panelists: Emma Kowal (Australia), ICC: Cockle Bay Room Hebe Vessuri (Latin America), Liu Bing (China), Sharon Traweek ** open to all conference participation / pre-registration (United States), and Leslie Green (South Africa). encouraged to access supporting materials ** 4S’s 2018 Session Organizer: Infrastructure Prize Committee has been awarded to East Asian Kim Fortun, University of California Irvine Science, Technology and Society: An International Journal Chair: (EASTS). The rapid development of EASTS into a journal with Kim Fortun, University of California Irvine international distinction has resulted from both intellectual vision and organizational savvy. The session provides an opportunity to 005. Welcome to Country and Presidential Plenary honor, learn from and leverage the EASTS example. In this prize Single Paper Submission session, editors of diverse STS journals will participate in a Plenary Session dialogue moderated by 4S President Kim Fortun, recognizing the 5:15 to 6:45 pm formative influence these journals will have on the field of STS in ICC: Cockle Bay Room coming years. Roundtable participants will be asked to share their Presidential Plenary delivered by 4S President, Professor Kim goals for their journals, how these goals have changed in recent Fortun years, past and anticipated challenges, and how they are Participant: positioning themselves in initiatives to broaden open access both to Presidential Plenary address Kim Fortun, University of journals and to the data behind journal publications.
    [Show full text]
  • Mineral Resources of the Kantishna Region
    MINERAL RESOURCES OF THE KANTISHNA REGION. By STEPHEN R. CAPPS. INTRODUCTION. The region discussed in this report lies on the north side of the Alaska Range and includes portions of the basins of Nenana and Kantishna rivers. (See PI. XV.) It includes the southern portion of the Tanana loAvlands and some of the outlying mountain ridges, though nowhere reaching the crest of the range, and lies between meridians 149° and 151° 10' west longitude, and parallels 63° 25' and 64° 15' north latitude. Figure 7 shows the relation of this area to surrounding portions of Alaska. The discovery of gold in the Canadian Klondike and the conse­ quent influx of prospectors and miners resulted in the beginning of systematic exploration in this region. The first accurate surveys in this vicinity were made in 1898, when two United States Geological Survey parties reached the Alaska Range. One of these parties, conducted by George H. Eldridge and Robert Muldrow, ascended Susitna River and crossed the divide to the head of Nenana River. The other party, in charge of J. E. Spurr and W. S. Post, ascended to the head of Skwentna River, crossed the Alaska Range, and descended the Kuskokwim. Thus some of the major features of the range were outlined, although neither of these parties reached the region here discussed. The first survey to be extended to the Kantishna region was made in 1902, when a Geological Survey expedition under the leadership of A. H. Brooks and D. L. Reaburn proceeded from Cook Inlet to the head of the Skwentna, crossed the Alaska Range, and traversed the northwest flank of the range as far eastward as Nenana River, thus crossing the region from west to east.
    [Show full text]