74E. (1) Except as hereinafter in this section provided, the lessee of the mines and minerals in land, and in lands covered with water, through which or through the mines and minerals in which such tunnels are made, used or maintained, or who are affected by any of the rights, privileges, easements or powers vested or exercised by virtue of said order-in-council, shall not be entitled to any compensation or damages for any loss or injury sustained or suffered by them, or any of them, by reason of such vesting or exercise of said rights, privileges, easements or powers, or any of them, or of the making, using or maintaining of said tunnels, provided that nothing in this section shall exempt the lessee of any submarine tract from liability for loss or injury caused by negligence, or in consequence of any violation of the provisions of said order-in-council, or of any Statute in force relating to mining.

(2) Lessees of the mines and minerals in land, and land covered with water, through which such tunnels are made, used or maintained, shall be entitled to such compensation as the Governor-in-Council determines The amount of such compensation, and the time or times when the same shall be payable, and, so far as possible, the persons to whom the same shall be payable respectively, shall be fixed by such order-in-council vesting such rights, privileges, easements and powers.

74F. (1) The amount or amounts of compensation payable by the provisions of such order-in-council may be paid by the lessee of such submarine tract at the time or times therein specified, into the office of the prothonotary of the Supreme Court at Halifax in the following cases:

(a) If the person entitled thereto refuses to accept the same; or

(b) If such person is absent from the province or cannot, after diligent enquiries, be found; or

(c) If he has reason to fear any claim or incumbrance affecting the title; or

(d) If the Governor-in-Council deems it advisable.

(2) The said payment into court shall discharge the lessee of the said submarine tract from all liability in respect to the said compensation, and the person or persons entitled to such amount or amounts shall, on establishing

Act shall not apply to certain areas.

his or their rights thereto, on a summary application or applications to the said court, or a judge thereof, be entitled to have the same paid over to him or them on order of the court, or a judge.

74G. Every lessee of a submarine tract who obtains such order-in-council shall commence work upon one of such tunnels under the provisions thereof within a time to be specified in said order-in-council, or such further time as may at any time be granted by the Governor-in-Council, and if work is not so commenced within the time so specified, or within such further time so granted, said lessee shall not be liable to pay the compensation so fixed by said order-in-council; but in such case the lessee of said submarine tract shall pay to the lessee of the tract or tracts through which leave has been obtained to make such tunnels, all costs and expenses necessarily incurred by him by reason of, or in connection with, said application for such leave; and the Governor-in-Council may, by another orderin-council, divest and restore the rights, privileges, easements and powers vested by the first order-in-council.

74H. The Governor-in-Council may from time to time relieve any lessee who has obtained such order-in-council of and from the payment of the whole or any part of the royalty payable in respect of any coal mined from such tunnel or tunnels under the provisions of this Act.

6. This amending Act shall not apply to, or be held to affect, coal mining Leases numbered 298, 299, 300, 301 and 302 respectively, in the County of Cape Breton, or the land or lands covered with water included therein, and the rights of all parties in respect thereto, shall remain the same as if this amending Act had not been passed.

CHAPTER 33.

An Act to amend Chapter 18, Revised Statutes, 1900, "The Mines Act," and An Act respecting certain

Be it enacted by the Governor, Council, and Assembly, as follows:

repealed and

1. Section 201 of chapter 18 of the Revised Statutes, Section 201 1900, is hereby repealed, and the following substituted substituted. therefor :

(1) Every lessee, upon application to the commissioner, not later than thirty days after the expiration of the lease held by him, shall be entitled to a renewal thereof for a further period of twenty years from such expiration.

(2) Such lessee, upon application to the commissioner, not later than thirty days after the expiration of such further period of twenty years, shall be entitled to a renewal of such lease for a still further period of twenty years from such expiration.

(3) In like manner such lessee, upon application to the commissioner. not later than thirty days after the expiration of such further period of twenty years, shall be entitled to a renewal of such lease for a further period of twenty years after such expiration.

(4) Every such renewal shall be upon the same terms, covenants and conditions as are contained in such lease, subject however, to the addition or substitution of any other terms, covenants and conditions which may be inserted in a lease issued under this Chapter by virtue of the provisions of this Chapter, or of any other statute hereafter passed.

(5) In any such renewal the rent payable by such lessee may be increased.

(6) In the case of any lease which has expired, and no application for renewal has been made until after more

Certain renewals extended.

than thirty days from the date cf such expiration, the commissioner, subject to the approval of the Governor-in-Council, at any time within three months from the date of such expiration may, notwithstanding any application made for the tract of ground covered or formerly covered by such lease, or any part thereof, renew such lease upon such terms and conditions as the Governor-in-Council sees fit to impose.

(7) No renewal of lease granted under the provisions of this section shall extend the term of such lease for more than eighty years from the original date of the lease.

2. The following renewals of leases, that is to say:

(a) Renewal of lease, number 9/22, held by the Styles Mining Company, Limited, of an area in the County of Cumberland, dated 25th August, 1886, and registered in the office of the Commissioner of Public Works and Mines, at Halifax, in Coal Lease Register Book No. 2, page 8;

(b) Renewal of lease, number 10/23, held by the Styles Mining Company, Limited, of an area in the County of Cumberland, dated 23rd August, 1886, and registered in the office of the Commissioner of Public Works and Mines, at Halifax, in Coal Lease Register Book No. 2, page 9;

(c) Renewal of lease, number 11/28, held by the Styles Mining Company, Limited, of an area in the County of Cumberland, dated 23rd August, 1886, and registered in the office of the Commissioner of Public Works and Mines at Halifax, in Coal Lease Register Book No. 2, page 10;

(d) Renewal of lease, number 12/29, held by the Styles Mining Company, Limited, of an area in the County of Cumberland, dated 23rd August, 1886, and registered in the office of the Commissioner of Public Works and Mines, at Halifax, in Coal Lease: Register Book No. 2, page 11;

(e) Renewal of lease, number 13/30, held by the Styles Mining Company, Limited, of an area in the County of Cumberland, dated 23rd August, 1886, and registered in the office of the Commissioner of Public Works and Mines, at Halifax, in Coal Lease Book No. 2, page 12;

1

(ƒ) Renewal of lease, nunber 26/16, held by the Minudie Coal Company, Limited, of an area in the County of Cumberland, dated 25th August, 1886, and registered in the office of the Commissioner of Public Works and Mines, at Halifax, in Coal Lease Book No. 2, page 60;

(g) Renewal of lease, number 1/13, held by the Port Hood-Richmond Railway Coal Company, Limited, of an area in the County of Inverness, dated the 25th August, 1886, and registered in the office of the Commissioner of Public Works and Mines, at. Halifax, in Coal Lease Book No. 2, page 31;

(h) Renewal of lease, number 6/4, held by the Port Hood-Richmond Railway Coal Company, Limited, of an area in the County of Inverness, dated 25th August, 1886, and registered in the office of the Commissioner of Public Works and Mines, at Halifax, in Coal Lease Book No. 2, page 46;

(i) Renewal of lease, number 7/10, held by the Port Hood-Richmond Railway Coal Company, Limited, of an area in the County of Inverness, dated 25th August, 1886, and registered in the office of the Commissioner of Public Works and Mines, at Halifax, in Coal Lease Book No. 2, page 47;

shall be and the same are hereby continued in force for one year from the dates upon which the same respectively expired, and the Commissioner, subject to the approval of the Governor-in-Council, may, at any time during the period for which said leases are so extended, notwithstanding any application made for the tracts of ground covered or formerly covered by said leases or any part thereof, renew such leases, or any of them, upon such terms and conditions as the Governor-in-Council sees fit to impose, notwithstanding any provision of said leases respectively, or of any Statute of the Province.