The British Columbia Reports Volume 7

The British Columbia Reports Volume 7

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...on the 22nd of June, 1892, and the field notes of the survey were received at the Department of Lands and Works on the 24th of January, 1896. On the 27th of November, 1895, Troup gave notice i11 the British Columbia Gazette of his intention to apply for a certificate of improvements with respect to the American Boy. Kilbourne took proceedings to contest the claim of the American Boy to the land set out in the field notes filed on the application for a certificate of improvements. On behalf of the Ajax and Treasure Vault, he filed in the office of the Gold Commissioner at Nelson, previous to the 27th of February, 1896, an adverse claim, and he instructed Mr. J. B. McArthur to take the necessary proceedings to enforce the adverse. The matter came before the Court in a suit styled Kilbourne v. M0 Guigan, which is reported in (1897), 5 B.C. 233. That was a motion on behalf of Kilbourne to extend the time for commencing his action. It had become necessary for him to take such proceedings as Mr. McArthur had failed to prosecute the adverse claim within the time specified by the Act. Mr. Justice DRAKE, before whom the application was made, dismissed the motion on two grounds, the first being that proceedings had not been commenced within the time prescribed by the Act; the second that MARTIN, -1-Kilbourne had never properly filed the adverse claim. The 95, adverse had been filed in the ofiice of the Gold CommisMarch 29, sioner, but not in that of the Mining Recorder, and Mr. JusIN RE tice DRAKE held that, by virtue of sections 21 and 126, the AMERICAN adverse should have been filed in the ofifice of the Mining BY Recorder. From this decision an appeal was taken to the Full Court; that appeal was dismissed; an application for leave to appeal..
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Product details

  • Paperback | 164 pages
  • 189 x 246 x 9mm | 304g
  • United States
  • English
  • black & white illustrations
  • 1236754654
  • 9781236754653