16. And miner may sell, mortgage, or dispose of his claims, provided such disposal be registered with and a fee of $5 paid to the Gold Commissioner.
17. Every miner shall, during the continuance of his grant, have the exclusive right of entry upon his own claim for the miner-like working thereof, and the construction of a residence thereon, and shall be entitled exclusively to all the proceeds realized therefrom; but he shall have no surface rights therein, and the Gold Commissioner may grant to the holders of adjacent claims such rights of entry thereon as may be absolutely necessary for the working of their claims, upon such terms as may to him seem reasonable. He may also grant permits to miners to cut timber thereon for their own use, upon payment of the dues prescribed by the regulation in that behalf.
18. Every miner shall be entitled to the use of so much of the water naturally flowing through or past his claim, and not already lawfully appropriated as shall in the opinion of the Gold Commissioner be necessary for the due working thereof, and shall be entitled to drain his own claim free of charge.
19. A claim shall be deemed to be abandoned and open to occupation and entry by any person when the same shall have remained unworked on working days by the guarantee thereof or by some person in his behalf for the space of seventy-two hours unless sickness or some other reasonable cause may be shown to the satisfaction of the Gold Commissioner, or unless the guarantee is absent on leave given by the commissioner, and the Gold Commissioner, upon obtaining satisfactory evidence that this provision is not being complied with, may cancel the entry given in the claim.
20. If the land upon which a claim has been located is not the property of the Crown it will be necessary for the person who applies for entry to furnish proof that he has acquired from the owner of the land the surface right before entry can be granted.
21. If the occupier of the lands has not received a patent thereof the purchase money of the surface rights must be paid to the Crown and a patent of the surface rights will issue to the party who acquired the mining rights. The money so collected will either be refunded to the occupier of the land when he is entitled to a patent there or will be credited to him on account of payment of land.
22. When the party obtaining the mining rights cannot make an arrangement with the owner thereof for the acquisition of the surface rights it shall be lawful for him to give notice to the owner or his agents or the occupier to appoint an arbitrator to act with another arbitrator named by him in order to award the amount of compensation to which the owner or occupier shall be entitled.