Reports of Mining Cases Decided By the Courts of British Columbia And the Courts of Appeal Therefrom to the 1st of October, 1902 : With An Appendix of Mining Statutes From 1853 to 1902; And a Glossary of Mining Terms

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' Byron W.' White Mining Co., post, pp. 468, 513.
1.] DUNLOP V. HANEY.
369 DUNLOP V. Haket.
(7 B. C. 1,305).
Adverse Action — 2'itle — Onus of Proof — Conflicting Locations — Overlapping — Measurements — Aiandowment — ilotioe of in Affidavit — lie-location.
Per Mabtin, J.: — In an adverse action if the plaintiff wish to attack the de- fendant's title he must do so at the time of makiiig out a prima facie case for his own title.
Where boundaries of conflicting claims are in question, the overlap
...ping must be proved by measurements taken on the ground.
The expression " adverse proceedings," in sec. 11 of the Mineral Act Amend- ment Act, 1898, is used in a broad- sense.
Observations upon the scope and object of sec. 11.
A statement by a re-locator in his affidavit of re-location that the ground so re-located is " unoccupied by any person as a mineral claim," is a notice of abandonment in writing, under sec. 30 of the Mineral Act, of the deponent's former rights in the original location, and if the original location were valid, it could not lawfully be re-located without the written permission of the Oold Commissioner.


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