The Mining and Lands Commissioner

Le Commissaire aux mines et aux terres

File No. MA 004-02

L. Kamerman
Mining and Lands Commissioner

Wednesday, the 26th day of June, 2002

The Mining Act

In the matter of

Mining Claim S-1230736, situate in the Township of Drury, in the Sudbury Mining Division, recorded in the name of Wallbridge Mining Company Limited, hereinafter referred to as the "Mining Claim";

And in the matter of

An application pursuant to sections 32 and 79 of the Mining Act.

Between:

Hans Matthews
Applicant

and

Wallbridge Mining Company Limited
Respondent

Order

Whereas this application was received by this tribunal on the 8th day of February, 2002;

And whereas a consent to dismiss this application without costs and with conditions, dated the 25th day of June, 2002, was filed by Mr. Hans Matthews, Applicant;

And whereas a consent to dismiss this application without costs and with conditions, dated the 26th day of June, 2002, was filed by Mr. Mark Hall, agent, on behalf of the Respondent;

  1. This tribunal orders that this application be and is hereby dismissed, upon the following conditions:

    That Wallbridge Mining Company Limited (Wallbridge) acknowledge that Mining Claim S-1230736 conveys no rights to those lands covered by the dwellings, barns, other buildings, drive way, septic fields etc. as described under section 32 of the Mining Act, R.S.O. 1990, as amended.

    1. Wallbridge will not perform any exploration on those lands and will not enter those premises referred to in condition #1 without the written consent of the surface rights owner.
    2. Wallbridge, with due consideration for the surface rights owner, will not carry on any disruptive exploration activities and will not cut trees on any part of parcel 29642 SWS, without the written consent of the surface rights owner.
    3. Wallbridge will not undertake any exploration activities that would disrupt the trail where it extends from parcel 29642 to parcel 7602, as shown on the map, attached hereto and marked Schedule "A".
  2. This tribunal further orders that the notation "Pending Proceedings", which is recorded on the abstract of the Mining Claim, to be effective from the 8th day of February, 2002, be removed from the abstract of the Mining Claim.
  3. This tribunal further orders that the time during which the Mining Claim was under pending proceedings, being the 8th day of February, 2002 to the 26th day of June, 2002, a total of 139 days, be excluded in computing within which work upon the Mining Claim is to be performed.
  4. This tribunal further orders that the 10th day of July, 2002, be fixed as the date by which the first and second units of prescribed assessment work, in the amount set out in Schedule "A" attached to this Order, must be performed and filed on Mining Claim S-1230736, pursuant to subsection 67(3) of the Mining Act and all subsequent anniversary dates are deemed to be July 10 pursuant to subsection 67(4) of the Mining Act.
  5. This tribunal further orders that no costs shall be payable by either party to this application.

This tribunal further advises that pursuant to subsection 129(4) of the Mining Act as amended, a copy of this Order shall be forwarded by this tribunal to the Provincial Mining Recorder who is hereby directed to amend the records in the Provincial Recording Office as necessary in accordance with the aforementioned subsection 129(4).

Dated this 26th day of July, 2002

Original signed by L. Kamerman

L. Kamerman
Mining and Lands Commissioner

Schedule "A"

Mining Claim # Due Date
S-1230736 July 10, 2002

map illustrates the adjoining map of Drury Township

Enlarge Adjoining Map of Drury Township Map 13