IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I Hi Hi IIM 1.8 1.25 1.4 1.6 .< 6" — ► V] <^ /2 o ^l / /^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^ iV Is LV % ... o ^ <" 6^ .1*%, ^'•' <^^^'<> %^ ^fh"- t^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibiiographiques The toti The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. 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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too lurge to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre filmds A des taux de reduction diff^rents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est fllm6 d partir de I'angle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent ia m6thode. 1 2 3 1 2 3 4 5 6 APPENDIX TO THK Revised Statutes OF British Columbia, 1871 Containing certain repealed Colonial Laws useful for reference, Imperial Statutes affecting British Columbia, Proclamations, ^c. VICTORIA : PRINTED BY RICHARD WOLPENDEN, GOVERNMENT PRINTRR, AT TBI OOTaUNUINT PRINTINO OmCI, JAHI8' RAT. /^ ^61. ^^^ ! I ' !■ • h B . - » ^ • I C c t • c ( ( ] ] ] ] ] f • <• m • • IKBEX. A. No. Aliens ; Proclamation respecting natuiftlTzaiion df. 14 to amend law relating to 49 k 60 Br British Columbia; to provide for Government of » ,.. 80 Proclamation respecting Government of ,..., ^.... 69 to make further provision for Government of 61 to define boundaries of .' 33 British iN'oRTH America Act ^ .» 46 0. Capital, the. See Proclamation No. 13. Proclamation declaring Victoria tlie 44 Companies, Joint Stock; providing for official seals , » 38 Confedsration. See British ITorth America Act. See Union. Constitution" Act, 1871; Proclamation of assent to 28 Courts Supreme ; Proclamation authorizing Judge of to do certain acts 12 Courts ; to provide for the Administration of Justice in Vancouver Island 29 to provide for the Administration of Justice in North-West Territories 82 Vice-Admiralty Courts Act, 1863 , 34 to amend and extend Vice- Admiralty Courts Act, 1863 46 Docks, Colonial; to authorize Loans itf aid of. 42 B. . - . Evidence, Documentary; to amend law relating to -. 47 H. Hudson's Bay Company; providing for surrender of Lands of 48 L Indians; for the regulation of Trade with 82 L. Land ; to confirm Titles to in Vancouver Ishnd 2 ^^— to provide for Registration of Titles to, in Vancouver Island 8 — — — to amend Land Registry Act 10 -^— — Proclamation relating to acquisition of, 1861 4, 6, & 6 to enable Aliens to hold ' 7 •^— to cure defects in Titles of Aliens to, in Vancouver Island .».....« 8 Index. Land ; Vancouver Island Land Proclamation, 1862 9 Proclamation to authorize the issue of Crown Grants 11 -^— — Proclamation relating to acquisition of^ 1859 18 — — — P'oclamation relating to acquisition of^ 1860 15 Proclamation providing for sale of Public Lands by private contract ... 16 — — ^ Proclamation respecting shape of Land acquired 17 Proclamation regulating price of country Lands 18 — '■ Proclamation respecting occupation of pre-empted Land 19 Proclamation providing for Land Registry in British Columbia 20 Proclamation to extend provisions of Land Registry Act 22 Pre-emption Consolidation Act, 1861 21 Land Ordinance, 1865 28 — — Pre-emption Ordinance, 1866 24 — — — Hudson's Bay Confirmatory Oirdinance 25 Pre-emptiop Payment Ordinance 26 ■ " Proclamation of aasent to Land Ordinance, 1870 27 Hudson's Bay Company's Charter 65 ■ Revocation of Hudson's Bay Company's Charter 68 ' " Reconveyance of Vancouver Island 56 Proclamation respecting sale of Lands, Fraser River 67 Laws, Colonial ; to remove doubts as to validity of 40 Lkoislatures, CoLOKTiAL ; to enable to repeal certain portions of Imperial Acts 81 ■ ■ to enable to pass certain laws similar to Imperial Acts 88 to confirm Acts of 87 LsaiSLATivx Council; Order in Council constituting, 1863 60 - . Order in Council constituting, 1870 62 11 Mabuaosb ; to remove doubts aa to validity of certain 41 N. Naval DnriNOE; to make provision for in Coloniefl 89 P. Patint Lbtters ; when to take effect 86 Post ov Entry. See Proclamation No. 18. B. Rupert's Land. See Hudson's Bay Company. B. Stiokesn Territories ; Order in Council for Qovemment of. 63 U. Union Proclamation ; Vancouver Ibland united to British Columbia.. 48 Union, Terms of 64 V. Victoria AND Esquimalt Free Port 1 d 11 18 15 16 17 18 19 20 22 21 28 24 25 26 27 55 58 56 57 40 81 88 87 60 62 41 89 86 68 48 54 1 REPEALED LAWS, USEFUL FOR REFERENCE, OF THE FORMERLY SEPARATE COLONY OF VANCOUVER ISLAND. No. 1. (9) Proc amation by His Excellency James Douglas, Companion Repealed by Pio of the most Honourable Order of the Bath, Governor and ^emb"r,°i86«."' Commander-in-Chief of Vancouver Island and its Depen- dencies. llSih January, I860.] WHEREAS I, James Douglas, Governor of the said Colony, have been instructed by Her Majesty's Principal Secretary of State for the Colonies, iu pursuance of a recommendation of Her Majesty's Privy Council in that behalf, to proclaim that the Port of Victoria, including Esquimalt Harbour, is, and from the date hereof shall be, until otherwise determined by proper author- ity, a Free Port of Entry and Clearance for Ships and Goods : Now, therefore, I, James Douglas, do hereby publish, declare, and proclaim : — That the Port of Victoria, including Esquimalt Harbour, is, and shall be until otherwise determined by proper authority, a Free Port of Entry and Clearance for Ships and Goods, save and except the fees now levied thereon. No- A. D. 1860. Repealed by No. lei. [No8. 2 & 3.] Hudson's Bay Titles.— Land Registry. [24 Vici.] No. 2. (25) An Act to confirm certain Titles to Real Property in Vancou- ver If«land. [\Qth December^ I860.] WHEREAS doubts have been entertained whether the Convey- ances of Real Estate in Vancouver Island and its Depen- dencies, heretofore executed on behalf of the Hudson's Bay Company, under and by virtue of letters or powers of attorney under the seal of the said Company, have, in fact, conveyed the legal estate to the grantees thereunder; and it is expedient to remove such doubts : Be it therefore enacted by the Governor on behalf of Her Majesty, by and with the advice and consent of the Legislative Council and House of Assembly of Vancouver Island and its De- pendencies : — That all conveyances, grants, and other assurances, heretofore made on behalf of the Hudson's Bay Company, by James Douglas and John Work, and by Alexander Grant Dallas and John Work and Dugald MacTavish, or by either or one of them, shall be deemed and taken to have conveyed to the grantee or grantees therein named the legal estate in the hereditaments thereby pur- ported to have been conveyed. This Act may be cited as the "Act for confirming Titles from the Hudson's Bay Company, 1860." Preamble. No. 3. (26) Amended by No. 10 An Act to facilitate the Transfer of Real Estate, and to pro- Appendix, ^i^jg fQj. ^he Registration of Titles. Repealed by No. 148. \l%th January, I860.] WHEREAS it is expedient to establish a Registry of Titles, and to facilitate the Transfer of Real Estate: Be it enacted by His Excellency the Governor, on behalf of Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Vancouver Island and its Dependencies, and by authority of the same, as follows: — 1. This Act may be cited for all purposes as the "Land Registry Act, 1860." 2 Short Title. ;24 Vict.] [24 Vict.] Latid Registry. [No. 8.] Vancou- ber, I860.] e Convey- ts Depen- on'a Bay attorney eeyed the edient to f of Her legislative d its De- leretofore B Douglas >hii "Work shall be grantees ireby pur- tles from 1 to pro- If, I860.] itles, and Ifof Her Bgislative ndencies, Registry Oath to be taken by Registrar General. 2. From and after the passage of this Act, there shall be estab- \^ d. iggo lished in Victoria an Office for the Registration of Titles affecting — Real Estate in the Colony of Vancouver Island and its Dependencies, Registry, which shall be styled the *'Land Registry Office." 3. His Excellency the Governor shall, in Her Majesty's behalf, Appointment and by Letters Patent, under the Public Seal of the Colony, appoint ?sSr"oone?ai.^ ^*^" from time to time a proper person to perform the duties of the said office, and such person shall be a Barrister o»- Solicitor, admitted to practice as such in the Supreme Court of Civil Justice of Vancou- ver Island, and shall be styled the "Registrar General of Titles affecting Real Estate in Vancouver Island and its Dependencies," and every such Registrar shall hold his office during Her Majesty's pleasure. 4. Every Registrar to be appointed as aforesaid, shall give security for the due performance of his duty in his office, in such manner and to such amount as the Governor shall deem fit. 5. It shall be lawful for the Governor to assign to the Registrar a salary not exceeding the yearly sum of Four Hundred Pounds. 6. The following oath shall be taken before the Chief Justice by the Registrar General before entering upon the execution of his office : — "I, A. B., do solemnly swear, that I will faithfully, and to the best of my ability, execute the office and duties of Registrar General of Titles affiacting Real Estate in Vancouver Island and its Dependencies, according to the provisions of the 'Land Registry Act, I860.' So help me God." And it shall not be lawful for any Registrar appointed under this Act to practice as a Barrister or Solicitor before any Court in the Colony during his continuance in office as Registrar. 7. It shall be lawful for the Registrar to exercise the following powers (that is to say): — He may require any person desiring to effect any Registration, or cancellation of Registration, to produce any grant, certificate of title, conveyance, bill of sale, mortgage, deed, lease, will, or any other instrument iu his possession, or within his control, affecting such land or the title thereto ; and he may, for the purposes of this Act, administer oaths, or in lieu of administering an oath, may require any person examined by him to make and subscribe a declaration of the truth of the statement made by him in his examination. And, it shall further be lawful for the Registrar, upon such evidence as shall appear to him sufficient in that behalf, to correct errors in entries made, and supply entries omitted to be made under the provisions of this Act. Piovided, always, that iu the correction of any such entry he shall not erase or render illegible 3 Authority for Regis- trar to require the production and to inspect documents for registration or cancellation of reg- istration. He may adminster oaths or require declarations. Further powers of Registrar Gencinl to correct errors, «nd supply omissions of registration. I'll LNo. 8.] Land Rigialry. [24 Vict.] A. D 18(30. tl>o original entry, and shall, in correcting or supplying any entry, affix his initials thereto, and the date of such correction ; and cor- rection so made, and omission so supplied, shall have the like validify and effect as if sach error had not been made, or such entry omitted, except as regards any registration, or filing, which may have been entered in any of the Register Books previously to to the actual time of correcting the entry, or supplying the omitted ontry. Mode and effect of Registration. Registration by op- 8. Every person claiming in his own right to be the legal owner £Si wesson ^" ^'"' ^^P^'' '" possession of Real Estate, may apply to the Regis- in a booi£ to bo trar for registration in the Form marked A. in the first Schedule Fees Book "ic^Ac! bcrcunto annexed, and may produce evidence to the Registrar of his title thereto; and the Registrar shall, upon being satisfied that a prima facie title hrs been established by the applicant, register in a book to bo kept for that purpose, and to be called the "Absolute Fees Book," the name of such person in the Form marked B. in the Schedule hereto; and shall also register in another book, to be also kept in that behalf, ^and to be called the " Abnoluto Fees Parcels Book," a description of the land to which the title relates, in the Form marked C. in the said first Schedule. Registration of icB- ^- Every f rson claiming any other Icsser estate than the abso- ser or cqiiitabio eg- Jute fee. Or a. y equitable interest whatever in Real Estate (other tatos where tlioabso- , , , ,1 . . . luto fee ia already than a leasehold interest in possession for a term n(t exceeding one to^'re"taii°cd'''thcy«»'')^^'^^''6of*^®*i*'®t^ absolute fee has been registered, as "Cbarge Uooic" Ac. last mentioned, may apply to the Registrar for registration in tie Form marked D. in the first Schedule hereunto annexed, and may produce to the Registrar evidence of his title to such lesser estate, or equitable interest; and the Registrar shall, upon being satisfied that a prima facie title has been established by the applicant, enter in a book, to bo kept for that purpose, and to bo called the "Charge Book," a charge in the Form uiarked E. in the said first Schedule; and shall also register in another book, to be also kept in that behalf, and to be called the " Charge Parcels Book," a description of the land to which the charge relates, in the Form marked F. in the said first Schedule. The Registrar shall also enter a cross reference in the "Absolute Fees Book" to the folio of the Charge Book in which such charge is registered, and may also enter a charge on behalf of any person who shall be under the disability of infancy, coverture, lunacy, unsoundness of mind, or absence from the Colony, or on behalf of Her Mjijesty, Her heirs and successors. 10. Every person obtaining, or who shall have obtained, any mortgage, incumbrance, or judgment, upon, over, or against any unregistered real estate, may register a charge against such unregis- tered real estate in a book to be kept for that purpose, and to be 4 [24 Vict.] any entry, and cor- the liko , or such irig, which iviously to lu omitted gal owner the Regis- Schedule cgistrar of isficd that t, register called the the Form egistcr in called the to which Schedule. the ahso- ;ate (other aeding one fistered, as ion in the , and may ser estate, g satisfied eant, enter called the said first also kept Book," a the Form 'Absolute ch charge my person c, lunacy, I behalf of ined, any jainst any h unregis- and to be [24 Vict.] Lmul Rcgistr>/. [No, 3.] called the •'Supplemental Charge Book," such charge to be a.D. 1800. obtained upon a like application, and to be registered in a liko manner as hereinbefore prescribed tor the registration of charges against registered absolute fees. 11. The Registrar shall, upon registration of a "charge" in man- ner lastly hereinbefore mentioned, register in a book to be kept for that purpose, and to be called the "Supplemental Charge Parcels Book," a description of the land in liko manner as hereinbefore prescribed for the registration of chai'ges against rcgisterod absolute fees. 12. The Registrar may effect the rcgistra'K n of the absolute foe, At wboso instance as well at the instance of any person showinir a prima facie title to effect tUorl'TUtnuiou the absolute fee as aforesaid, as at the "istanoe of the sovoral per- "tftn abaoiutc foo. sons who together are entitled to the niplement of the absolute ice; and where two or more are jointly intcusted as joint tenants or tenants in common, the absolute foe slill no reijistercd in their joint names. Whore two or more arc interested in distinct estates or interests, the first owner of an estate of inbrritance shall be reg- istered as the owner of the absolute foe, and the interests or estates of the others or other, shall be registered by means of a charge or charges. 13. If upon production of the evidence of title to the Registrar aforesaid, it shall appear that any person or class of persons, are entitled to any lesser or equitable estate or interest in the real estate in respect of which registration is sought, the Registrar may, with , the concurrence of the person or persons applying for registration, and with the concurrence of such other persons as he may require, register the estate of the applicant or applicants, and of the other or others entitled to such lesser or eqaitable estate or interest if such estates and interests collectively make up the full complement of the absolute fee, and if ho is satisfied that the person appearing so interested and not concurring in the application are either not in esse or are minors, or under coverture. 14. Provided that the Registrar shall, in addition to the charge in addition to tho registered by him on behalf of such person or class of persons, add charge so registered. the words at the foot ot such charge, •' On behalf of (a person or class of persons, as the cas may be) under disabilities, as appears* by the title or charge registered." 15. A person shall, for the purpose of this Act, be deemed tho A leasehold interest , , • i- • 1 • • !• 1 i. i . .^, not to affect a legal legal owner in fee simple in possession of real estate, notwith- ownership in fee standing any leasehold interest in possession subsisting therein for simple in possession a term not exceeding one year. 16. If any person shall have purchased real estate from the Government or the Hudson's Bay Company, as grantees of Van- couver Island, and shall have paid an instalment thereon, but shall not have received a conveyance thereof, registration of the absolute 6 [No. 8.] Land Eegislry. [24 YiCT.] A. D. 1860. ^®® ™*y ^® effected, in his or her name, with the concurrence of the — Surveyor General of Vancouver Island and its Dependencies, in the capacity of agent of the said Hudson's Bay Company where such agency existed at the time of the purchase, and the amount of the unpaid purchase money shall be secured by the registration of a charge to that amount in the name of the said Surveyor General for the time being, and the fees payable in respect of the regis- tration of such charge shall be borne by the applicant for regis- tration. 17. The said Surveyor General shall have power, upon the receipt of the whole of the instalments, to give a discharge for the same, under his hand and seal, which shall be sufficient authority for the Registnir to enter up satisfaction for the said instalments, and to cancel the charge. Issue of certificates 18. The Registrar shall keep a book of certificates of absolute and retention of fg^g Jq duplicate in the Form marked G in the said first Schedule, duplicate of the same ^ . . ,,»,„«„ „ . on registration of and upon the registration of any absolute fee shall fill up one of the absolute fee. certificates and issue the same to the person who shall have effected registration, and shall fill up the other of thi^ said certificates, and shall retain the same in the said book. 19. Every person who shall effect registration either of an absolute lng^for"ny 'purple fee or a charge, or shall file an "issue " or "contest," shall fill up shall declare their the Form marked H in the said first Schedule with the particulars names and place of,. „ ,, -,■,-, . •,, .,,.,, abode in the form A. therein referred to, and the place in such form mentioned shall be some place within the Colony of Vancouver Island. 20. Every person, whether the original applicant for registration or the grantee under a duly registered train of transfers, who shall continue registered as the owner of an absolute fee without any issue remaining registered and unsatisfied against the same, as hereinafter mentioned, for the space of five years, shall, subject to the rights of any person who shall have registered a charge against the same, hold the real estate in respect of which he is so registered for an absolute and indefeasible estate of fee simple against all the world, other than a tenant in possession under a term not exceeding Ou"' year. 21. Provided, always, that when the names of two or more per- sons appear on the register as sole owners of an absolute fee in the same land, the person who, either as the person originally regis- tering, or by a regular train of duly registered transfers, first completes the aforesaid term of five years of registration without any issue remaining unsatisfied against the land in respect of whioh he appears, such registered owner of the absolute fee, shall, subject to any rights existing by v'rtue of any charge, \old the real estate in respect of which he is so registered, for an absolute and inde- feasible estate in fee simple, as well against the other registered title to the same land as against every person claiming against the 6 Five years' regis- tration renders reg- istered titles inde- feasible. Priority in point of registration givil priority of title wltero the same land is reg- istered in favor of two or more persons. [24 Vict.] I |;24 Vict.] Land Megistry. fNo. 3.] rrence ofthe incies, in the where such lount of the Btration of a yor General >f the regia- nt for regiB- n the receipt )r the same, ority for the ents, and to of ahsolnte st Schedule, ipone ofthe have effected iificates, and fan ahsolnte shall fill up 8 particulars aed shall be registration ■s, who shall without any be same, as , subject to arge agaiust io registered tiiist all the )t exceeding ' more per- ;e fee in the nally regis- nsfers, first on without 3Ct of whj^h iall, subject real estate and inde- registered igainst the absolute fee, other than such tenant, for less than one year as afore- said. A. D. 1860. ible. 22. Every person, whether the person originally registering a Fiye years' regis- charge, or the transferree of such charge, under a duly registered ^g**]**" ?^ \ f^"^t train of transfers, who shall continue registered as the owner of thereunder indefeas- such charge for the space of five years without an issue remaining unsatisfied against the same, shall, subject to the rights of any per- son who shall have registered a charge against such charge, be deemed absolutely and indefeasibly entitled to the interest in respect of which such charge shall have been registered: Provided that nothing herein contained shall render any charge registered in the "Supplemental Charge Book " absolute or indefeasible. 23. "When two or more charges appear entered on the register, priority of time be- affecting the same land, the charges shall, as between themselves, t^^^'* charges cre- have priority according to the dates at which the applications respectively were made, and not according to the dates of the creation of the estates or interests. 24. No purchaser for valuable consideration of any registered No purchaser for real estate, or registered interest in real estate, shall be afiected by J*'"^ *° ^^ affected ' '^ ' •'by snv notice not any notice express, implied, or constructive of any unregistered appei ri ig on the title, interest, or disposition afiecting such real estate, other than a ^^ister. leasehold interest in possession for a term not exceeding one year, any rule of law or equity notwithstanding. 25. The registration of a charge shall give notice to every person Notice conveyed by dealing with the real estate against which such charge has been *'''"K*' registered, of the estate or interest in respect of which such charge has been registered. 26. Any person, before an absolute fee becomes indefeasible. Mode of setting aside under the provisions of this Act, may set aside the same, either "gistered titles, partially or entirely, by filing an "issue" in the Form in the said first Schedule marked I, and by obtaining a decree, or taking such steps in that behalf, as are hereinafter prescribed. 27. Any person being a registered owner of an absolute fee Mode of setting aside aerainst which a charge may have been registered, may, before the ffgift'Tcd charges same charge has become indeieatible, under the provisions of this absolute fee. Act, set the same aside by filing notice of "contest" and by obtain- ing a decree, or by taking such other steps as are hereinafter pre- scribed. 28. Any person other than a registered owner of an absolute fee jfodoofsettingnsido seeking to set aside, either partially or entirely, any registered registered cburjres charge, may do so by filing an issue in the form marked J. in the the "owne"*°o"f "a'u said First Schedule. absolute fee. 29. The Registrar shall endorse a memorandum of every "issue" or notice of "contest" filed against the estate or interest of any registered owner, on the page of the "absolute foe book" or 7 \ %J [No. 3.] Land Registry. [24 Vict.] A. D. 1860. Endorsements by- Registrar on the in- struments of title. Savingof the powers of Guardians and Committees. Any registered owner may try the validity of any charge or issue by giving notice of contest to the Registrar, Registrar after re- ceiving notice of contest to make the adverse party bring the question to im- mediate trial. The person called upon to try the question to give se- curity for costs and speedy trial. "charge book," as the case may be, in which such estate or interest is registered. 30. The husband of any female registered owner of an absolute fee shall be entitled to be registered as co-owner with his wife, but he shall be described on the register as co-owner in right of his wife, and on his death the original registry of the wife, with a change, if necessarj', in the name, shall revive and confer the same rights as if the husband had never been registered as co-owner with her. 31. Where the absolute fee in real estate is registered in the joint names of husband and wife no dealings with such real estate frhall take place until the wife has been examined before the Chief Justice, apart from bur husband, and has assented to such dealings after full explanation of her rights in the said real estate, and the effect of the proposed dealing. 32. "Whenever registration of an absolute fee or of a charge shall be applied for, the Registrar shall, upon effecting such registration, endorse upon the instrument, or instruments (if any) produced as evidence of the right upon which such application is founded, a jaemorandum, in the form marked K. in the said First Schedule. 33. Save as aforesaid, the powers and authorities of the guardian of any minor, or committee of any lunatic or person of uusoimd mind, shall in nowise be altered or abridged in consequence of any registration. ; Contest. 34. Any person who is duly registered in respect of any interest in land, wliether as owner of an absolute fee or by means of a charge against which interest a charge or issue respectively shall have been registered or filed, may give notice of contest to the llegistrar, in the fonn marked L. in the Schedule to this Act annexed. 35. The Registrar shall, within twenty-one days after receiving the said notice of contest or issue as aforesaid, by a letter under his hand, directed to the address mentioned in the application for registration of the charge or issue, and by an advertisement in the Government Gazette, call upon the person in whose name the said charge or issue is registered or filed, to tile a bill or bring an action as the case may require, within a period of not more than two months, to be stated in such letter and advertisement respectively, in order to determine the right asserted by the person who shall have registered such charge or issue. 86. The person so called upon to file such bill or bring such action shall, within the time specified, give to the Registrar satis- factory security to such amount, not exceeding dGlOO, as the Regis- trar may think fit, for the payment of the costs (if any) to the oppo- ; ] [24 Vict.] e or interest an absolute his wife, but right of his wife, with a fer the same i-owuer with tered in the 1 real estate re the Chief uch dealings ate, and the charge shall registration, produced as i founded, a Schedule. ;he guardian of unsound lence of any any interest ' means of a tctively shall Qtest to the to this Act or receiving er under his •lication for ment in the me the said ig an action •e than two respectively, 1 who shall r bring such iatrar satis- 8 the Kegis- to the oppo- [24 Vict.] Lmid Registry. [No. 8.] : ■ teresta. Questions may bo tried, altliougli the question at issue is of an executory or contingent nature. site party; occasioned by such bill or action, and for the speedy and A.D. 1860. expeditious trial of the same. A time shall be specified for the commencement of such action or filing such bill by the Registrar, in the instrument affecting such security, and in default thereof the person giving notice may apply to the Registrar, at the expiry of the specified time aforesaid, in the form marked M. in the said First Schedule, that the charge or issue may be cancelled, or taken off the file of the register, or such other order made as the justice of the case may require. 37. Any charge or issue may be registered or filed, as well in charges and iasnes respect of a present and vested right as of a future or contingent "*ct^ o/future ^^'. interest. 38. Every person who shall have registered oi filed a charge or issue in respect of which notice of contest has been given, as above mentioned, may try the question raised by such contest notwith- standing that the interests in respect of which such charge or issue shall have been registered or filed are of a contingent or executory nature, any rule of law or equity notwithstanding; and the Chief Justice is hereby empowered to make such decree, and to limit the same to a mere declaration of right, if necessary, or to order the Registrar to do such act as the nature of the case may require. 39. A list of the original registrations of absolute fees, transfers of the same, original charge.s, transfers thereof, and original issues shall be, from time to time, as the same are registered and filed respectively, publicly exhibited on the walls of the Office of the Registrar, for the space of six months next after registration and filing. 40. When any charge, notice of contest, or issue has been satis- fied, discharged, or vacated, the Registrar shall, upon satisfactory proof being given of the same, caucel the entry of such charge, notice of contest, or issue, by writing across tlie entry thereof the words "cancelled, the day of ," and shall enter a memo- randum of such cancellation, and of the particulars thereof, in a book to be called the " Satisfaction Book," to be kept for that purpose. 41. Such memorandum as aforesaid shall be in the Form marked N. in the said first Schedule, and upon such cancellation and entry being made the interest in respect of wliich such charge shall have been registered shall, as agaMist all persons purchasing for value, the interest against which such charge or issue shall have been registered or filed, be deemed to be discharged; and in those cases where a reconveyance would have been otherwise necessary, such memorandum shall operate as a reconveyance, and the chaige or issue respectively shall no longer affect, as against siieh jmr the laud in respect of which such charge or issue was rogison ., tiled, and such charge or issue shall not affect the interest of the Publication of lists of registration, charges, transfers, and issues. Cancellation of sat- isfied charges and issues. Memorandum of can- cellation. [No. 3.] Land Megistry. [24 Vict.] A. D. 1860. person against which the same was originally registered- or filed, after the expiry of five years from such discharge, except in the case of fraud, hereinafter mentioned. Peraons claiming to 42. Any person claiming to be entitled to the absolute fee, and ic^ssMinteresUo ob*- ^^^ pcrsou claiming to be entitled to any lesser equitable or other tain an order for estate whatever, whether vested or contingent, under any will, or Omirt!" '°° '^°™ l>y virtue of a descent or devolution in law, in any real estate in respect of which registration has been effected, may present a petition to the Chief Justice in a summary way, praying that the Registrar may be ordered to make a transfer, or file a charge, as the nature of the case may require. ' may 43. Any person or persons may register lis pendens against any absolute fee or lesser or equitable estate by means of a charge. "Lis Pendens be registered. Persons claiming to be entitled to abso- lute fee to petition for registration of estate and the Court to make order there- on and regulate se- curity therefor. The Chief Justice to make orders in certain cases, and on such terms, and re- quiring such se- curity, as he may think proper. Registrations under order to have no other effect than in ordinary cases. Mode of transferring absolute fees. 44. Any person entitled to an absolute fee under or by virtue of any will, or by virtue of any descent or other devolution in law, in any unregistered real estate, may present a petition also in a sum- mary way to the Chief Justice, praying that the Registrar be ordered to effect registration of the same estate. 45. The Chief Justice may, in any of the cases mentioned in the two preceding sections, upon such evidence as may be deemed satisfactory, make such order as shall be just, and may make such order on such terms, and may require such security, as he may think proper. 46. All registrations of the absolute fee and charges made in pursuance of any such order as aforesaid shall stand in precisely the same position, and shall have such force and no other, as regis- trations of the absolute fee and charges made under the ordinary provisions of this Act. Transfer of Estate. 47. Every person registered in the Form marked J3. in the ^ first Schedule, may transfer the real estate mentioned therein, or any part thereof, by deed in the usual way, or in either of the Forms marked O. and P. in the said first Schedule; and the Regis- trar, upon the receipt of the former cortiticate|^of the absolute lee, may grant registration of the absolute fee to such transferee in the Form marked B. in the said first Schedule, and issue a new certifi- cate to such transferee, and when necessary, a new certificate or certificates to the transferror or transferrors, in manner aforesaid. And upon such registration the transfer shall confer upon the person to whom the same is made an absolute fee in the land trans- ferred, defeasible however as aforesaid, and subject also to the rights existing against any such estate by virtue of any charge or issue appearing on the register at the time of such transfer, and also to any unregistered leasehold interest in possession for a term not (xceeding one year, as aforesaid. 10 [24 Vict.] id- or filed, lept iu the te fee, and le or other my will, or 1 estate in present a ig that the charge, as against any iharge. >y virtue of 1 in law, in in a sum- egistrar be >ned in the be deemed make such as he may ;8 made in ti precisely iv, as regis- le ordinary iu the c therein, or her of the i the Regis- solute fee, jree iu the lew certifi- rtificate or aforesaid. upon the land trans- Iso to the charge or nsfer, and for a term [24 Vict.] Land Registry. [No. 3.] 48. Every person in whose behalf a charge is registered, other a. D. 1860. than a charge registered iu the "Supplemental Charge Book," may transfer his interest, or any part thereof, in the real eslate men- Scsts*''''"undcr"^ tioned therein, or any part thereof by deed in the usual way, and charges. may also transfer his entire interest in the real estate mentioned therein in either of the Forms Q. and R. in the said first Schedule. 49. The transfer of ftie entirety shall, when made, upon registry Effect of transfera. thereof, confer upon the person to whom the same is made such interest as the transferror then had, defeasible however as aforesaid, and subject also to the rights existing against any such interest by virtue of any charge or issue appearing on the register at the time of such ti'ansfer, and subject also to any leasehold interest in pos- session for a term not exceeding one year. 50. Every transfer, in the said Form marked Q., shall pass to the Transfer of charge, transferee and his heirs and assigns all the estate and interest of the transferror, whether legal or equitable, defeasible however as aforesaid, and subject also "to any registered charge, or issue filed, or leasehold interest in possession for a terra not exceeding one year, and the full and entire benefit of all covenants and agreements in respect of, and all powers, provisoes, and conditions ot entry, • sale, or leasing (if any) over the real estate, the subject matter of the transfer, to which the transferror was entitled at the time of such transfer; and if the estate or interest so transferred is that of a mortgagee, such transfer shall also confer upon the transferee, his executors, administrators, and registered assigns the full benefit of and right to sue upon any covenant for payment of the mortgage moneys and the interest thereupon. 61. Every transfer, in the said Form marked R., shall pass to the Transfer of charge, transferee, his executors, administrators, and assigns all the estate ^ ^ "' '" ^^^^ ' and interest of the transferror, whether legal or equitable, defea- sible however as aforesaid, and subject also to any registered charge or issue filed, or leasehold interest for a term not exceeding one year, and shall also pass the full and entire benefit of all covenants and agreements in respect of, and all powers, provisoes, and condi- tions of entry, sale, or leasing (if any) over the real estate, the subject matter of the transfer, to which the transferror was entitled at the time of such transfer; and if the estate or interest so trans- ferred is that of a mortgagee, such transfer shall also confer upon the transferee, his executors, administrators, and registered assigns the full benefit of and right to sue upon any covenant for payment of the mortgage moneys and interest thereupon. Power of Attorney. 52. When anj- application is made by any person empowered to pjimmiiticg to bo act under a power of attorney, the Registrar sliall require the pro- imisufl when !ip|)U- duction of the tnid power, and if executed out of the Colony a HPo°'Vro?At'tornoy! certificate notarial, magisterial, or judicial, as the case may require, tS> 11 [No. 3.] Land Registry. [24 Vict.] [24 A. D. 1860. verifying ita authenticity; and the Registrar shall require from the donor an examined copy of the power, and its verification, it any, and shall file the same, and make such further requisitions as he may think necessary to verify the execution of the donor of the power, the identity of the attorney, and the present validity of the power. An act not to be in- 53. No registration, transfer, charge, ftsue, contest, or other of death of donTr^°° dealing done or effected under or by virtue of a power of attorney shall, as against a purchaser for value, be prejudiced or set aside by reason of the person by whom the power was given dying, revo- king the power, becoming bankrupt or insolvent, or if a female, becoming married before doing or effecting such I'egistration, transfer, charge, issue, or contest, unless notice in writing of such death, revocation, bankruptcy, insolvency, or marriage shall have been received by the said Registrar previous to the doing or effect- ing of such registratioii, transfer, charge, issue, contest, or other dealing. Deposit of Map. 64. It shall be lawful for any registered owner of an absolute fee, • who may subdivide any land for the purpose of selling the same in allotments, to deposit with the Registrar a map of such allotments, and the title deeds to the laud subdivided ; provided, that such map shall exhibit, distinctly delineated, all roads, streets, passages, thoroughfares, squares, or reserves appropriated or set apart for public use, and also all allotments iuto which the said land may be divided, marked with distinct numbers or symbols. 55. The Registrar shall keep an index of maps deposited as aforesaid, specifying the name of the depositor, the date of deposit, and referring to the page or pages of the Absolute Fees Parcels Book, in which the real estate mapped is described, and shall note the page of the iudex on the map itself. Judgment creditor 56. Every person in whose favour a judgment has been entered, may enter a charge. ^^^ enter a charge against any registered absolute foe or other interest of the judgment debtor. No judgment to nf- 57. No judgment shall affect any real estate in respect of which feet real estate unless registration has been eft'ected, unless and until the person entitled thereof^ simir have to the same registers a charge with the Registrar in respect of such been entered. judgment, any uotico of any such judgment in any wise notwith- stap'Hng. 58. "Whenever, in the opinion of the Registrar, from any special circumstances in the case, it is desirable that an application be heard and decided by the Court, the Registrar may notify the same to the applicant in writing, and the applicant is hereby authorized, upon the receipt of such notification, to petition the Chief Justice Registrar may take the opinion of Court. aforesaid, in 12 a summary way, to order that the application bo [24 Vict.] [24 Vict.] Land Registi'y. [No. 3.] r re from the tion, it any, tions as he Dnor of the dity of the it, or other of attorney eet aside lying, revo- a female, egistration, ng of such shall have g or effect- t, or other jsolute fee, le same in allotments, that such passages, apart for said land >ls. jposited as of deposit, es Parcels shall note n entered, 3 or other ; of which n entitled ect of such J uotwith- oy special cation be r the same uthorized, ef Justice cation bo granted, and such order shall be made in the premises as the cir- cumstances of the case may requi»'e, and the costs of the applicant in and of and attendant upon such application shall be borne by the applicant. 69. The Court may, upon the application by petition of any person interested in £ ny real estate registered under this Act, issue an order inhibiting any dealing with such real estate, and annex thereto any terms and conditions it may think fit, and generally make such orders as the justice of the case may require. 60. If any person shall register a charge or file an issue, and, after being called on, fail to prosecute his rights, in the time prescribed by the Registrar, such charge or issue shall be cancelled by the Registrar, but without prejudice to a new charge or issue. 61. If any person shall register a charge or file an issue, without reasonable cause, or shall fail to prosecute the same as aforesaid, he shall be liable to make compensation to any person who may have sustained damage by such registration or filing. 62. Such compensation as aforesaid shall be recoverable imme- diately after the cancellation of the charge or removal from the file of the issue, and such compeusatiou may be awarded by judgment or decree at the trial or hearing of the right asserted by such charge or issue in those cases where the right is tried. 63. The service of any duly authenticated order, decree, rule, judgment, or any other proceeding, touching the registration of real estate, upon the Registrar, shall, without more, be sufficient authority for him to act in compliance therewith. Inspection of Register. 64. Any person may inspect the Register on payment of a fee for 'aspection. 65. No application to be placed on the Register shall be made, and no charge or issue shall bo filed or registered, except by the party in person claiming registration or claiming to register or file such charge or issue, or by some Barrister, Solicitor, or Attorney of the Court. Seal. 66. The Registrar shall have an official seal, 67. The Registrar shall impress the seal on every paper, writing, or instrument issued by him officially. ')8. Any paper, writing, or instrument pui-porting to be signed and sealed with the seal of the Registrar, shall prima facie be ad- missible iu evidence, without proof of such signing and sealing. Indices, * 69. The Registrar shall keep separate indices of the " Absolute Pees Book," "Charge Book," "Supplemental Charge Book," and 13 A. D 18C0. Power of the Court to restrain regi»tra- tion. Registrar may can- cel charges and issues. « Penalties of filing a charge or issue with-, out suSicient cause. Compensation how to be recovered. Service of order, 4c, Persons entitled to apply for registration and transfer. Official Seal. Power to use Seal. Evidence of proceed- ings of Office. [No. 3.] Land Registry. [24 VicT.J A. D. 1860. "Satisfaction Book," arranging in alphabetical order the names of the persons on whose behalf absolute fees and charges shall have been registered and on whose behalf cancellation shall have been made, and a reference shall be made opposite each name to each page in the " Absolute Fees Book," " Charge Book," *' Supple- mental Charge Book," and "Satisfaction Book," in which an entry appears affecting the estate or interest of each person. 70. The Registrar shall also keep an alphabetical list of the names of all persons against whose estates or interests an issue or notice of contest may have been filed. 71. The Registrar shall also keep an al}>habeticai list of all per- t-ons by whom powers of attorney have been given, and shall c idorse a memorandum of revocation opposite the entry of every power of attorney whereof he has received notice of revocation. licgulations. 72. The Registrar ni.ay, from time to time, make such rules and orders, forms, and directions for carrying out the purposes of this Act as may be necessary, and may cause the same to be printed, provided that all such rules and orders to be made by the Registrar under this Act, shall be submitted to the Chief Justice. And no such rules and orders shall take effect until the same have been approved by the Chief Justice ; and a copy thereof shall be made and affixed to the walls of the Registrar's office, for the information of the public. 73. All such rules, orders, forms, and directions shall be laid before the Legislature within seven days after the same have been approved of as aforesaid, if the Legislature be sitting, but if the Legislature bo not sitting, then within seven days after the next meeting thereof. 74. Any person dissatisfied with any deci?(ion or act of the Regis- trar may obtain a rule from the Court for the Registrar to show cause why he should not do or omit the thing complained of; but in every instance the costs shall be borne by the person applying for such rule, unless he shall satisfy the Chief Justice that the conduct of the Registrar arose from malicious or interested motives or gross negligence. 75. The Registrar individually shall not, save as afoi-osaid, nor shall any person acting under his authority, be liable to any action, siiit, or proceeding for or in respect of any act or matter bona fide done or omitted to be done in the exercise or supposed exercise of the powers of this Act. Forgery. Pennlij- of Forgery. 76. If any pcrsou wilfully make any false declaration, or fraud- ulently procure, or assist in fraudulently procuring, or be privy to 14 Rules to be laid be- fore Legislature. Any person dissatis- fied may obtain a rule to show cause against. No personal liability of Registrar. ili [24 VicT.J le names of shall have have been me to each ""Supple- ch an entry list of the m issue or of all per- and shall vy of every ocation, rules and ses of this ie printed, e Registrar And no have been 1 he made nforraation all be laid have been but if the r the next the Rcgis- r to show ed ot; but I applying e that the od motives •osaid, nor my action, bona fide xercise of or fraud- ) privy to [24 Vict.] Land Itcg'istry. [No. 3.] A.D. 1860. Criminal proceed- ings not to affect civil rights. Forging seal or sig- nature of Registrar. Criminal liability not to protect any person against giv- ing evidence. Fees. the fraudulent procurement of any order or rule of the Court, or of any fraudulent entry on the Register, or any alteration or erasure of such entry, he shall be guilty of a misdemeanor, and any order or rule procured by fraud, and any act consequent on such order, and any entry, alteration, or erasure so made hy fraud shall be void as between all parties or privies to such fraud. 77. No proceedings or conviction for any act hereby declared to be a misdemeanor, shall aflcct any remedy which any person aggrieved by such act, may be entitled to either at law or in equity against the person who has committed such act. 78. If any person forge, or procure to be forged, or assist in forging the seal of the Registrar's Oflice, or the hand writing of any Officer therein, he shall be guilty ot felony. 79. Nothing in this Act shall entitle any person to refuse to make a complete discovery by answer to bill in equity or to answer any question or interrogatory in any civil proceeding in any Court of Civil Judicature, but to answer to any such bill, question, or inter- rogatory, shall be admissible against any such person, in evidence, in any criminal proceeding. 80. The fees mentionedin the second Schedule hereunto annexed, shall be taken by the Registrar, and paid once a month into the Treasury of the Colony to and for the use of Her Majesty, Her heirs and successors. Provided always that it shall be lawful for His Excellency the Governor, from time to time to direct that the fees which shall be received under the authority of this Act, shall be applied under such regulations as he shall appoint in payment of the current or incidental expenses of the said Land Registry Office or any of them. 81. The Registrar shall, for the purpose of fixing the amount of the percentage to be paid under the provisions of this Act, require the person applying for registration to declare to the best of his knowledge, in writing, the true value of the interest in respect of which registration is sought, and such valuation shall in the cases hereinafter specified, be ascertained as follows: — 82. When an absolute fee is sold, and the transfer registered, by ^g regard absolute the actual price bona fide paid. fees. 83. "When a mortgage is registered, by the amount secured. Mortgage. 84. An account shall be kept by the Registrar of the fees received under the authority of this Act, and of t'le expenses paid thereout as aforesaid, and such account shall be transmitted once a month to the Colonial Secretary, for the information ot the Governor. 85. In the construction of this Act the following words and interpretation of exjiressions shall have the meanings hereby assigned to them, un- terms. less such meanings be repugnant to or inconsistent with the context (that is to say): — 15 Provision for fixing the amount of per- centage to be paid. ■r-' [No. 3.] Land Rccjlslry. [24 Vicx.] !- I I A. D. 1860. The word "Court" shall moan tho Supreme Court of Civil — Justice of Vancouver Island j The expression " Chief Justice " shall mean the Chief Justice of tho said Court; - The expression "Absolute Fees" shall mean and comprise the legal ownership in possession of an estate in fee simple; The word "Charge" shall mean any lesser estate than a fee simple in possession, or any equitable interest whatejjer in real estate; The word "Judgment" shall mean every Decree or Order of any Court of Equity, and every Judgment or Order of any Court of Common Law whereby any sura of money, whether principal money or costs, is payable to any person or persons in virtue thereof; Tho word "Person," and words applying to any person or indi- vidual, shall apply to and include Corporations; The word "Registrar" shall mean the Registrar General of Titles affecting Real Estate in Vancouver Island and its Depen- dencies; The word "Governor," and the expression "His Excellency the Governor," shall mean the Governor of the Colony or any other Officer administering the Government ot the Colony in Her Majesty's behalf for the time being; And the expi'ession "Real Estate; shall extend to and mean lands, messuages, mines, and all other hereditaments what- soever. 86. After the first appointment of a Registrar under this Act, the Registrar shall, with all convenient speed, procure such books and indices, and frame sncli forms and directions, and sach rules and orders as may be necessary for the due execution of this Act, and for the regulation and management of the "Land Registry Office;" and, generally, for regulating all other matters and things whatsoever connected therewith, and not hereinbefore specially provided for; and as soon thereafter as may be convenient, it shall be lawful for the Registrar, with the consent of the Chief Justice, by notice published in one or more of the newspapers of the Colony, to appoint a time, not earlier than one calendar month from tho time of the publication of such notice, when registrations under this Act shall commence, and the time so appointed shall be the time of the coramencemont of registration under this Act. No. If IG [24 VrcT.] rt of Civil Justice of (mpriso the implo; than a fee '^hatojer in m rderof any 'any Court whether or persons n or indi- al of Titles its Depen- illency the 3ny or any be Colony and mean ents what- this Act, uch books such rules this Act, i Registry tnd things '■ specially fit, it shall f Justice, le Colony, from the »ns under ill be the [24 Vict.] Land Registry. SCHEDULE. Form A. [No. 8.] A. D. 1860. No. I, , declare that I am the le^al owner in my own right in fee simple in possession of the Real Estate hereunder described, and I claim to be registered accordingly. The particulars of the said claim appear in the instruments specified in the schedule hereto. Description of Real Estate. District. Block. Section. Acreage. • • If a Town Lot. Town. Block. Lot. Admeasurements. • • Further Description. Schedule of Instrcments. Date. Ptaties. Character of Deed. ■ 17 !M I ! A.D. 1R10. [No. 3.] No. Land Begistry. Form B. [24 Vict.] Name of Applicant. Parrels (Short Description,) Date of Application. Date of Registration. List of Instruments. The Parcels are those described in "Absolute Fee Parcel Book," folio No. Form 0. Folio of "Absolute Fees Book," — Name of Applicant District. Block. Section. Acreage. • If a Town Lot. Town. Block. Lot. Or otherwise, as the case may be. Farther Descriiition. Admeacurement. \ I 18 ^■^m&mmmmm'm. [24 Vict.] List of loitrumenta. ok," folio ~ Acreage. ettL-iirement. [24 Vict.] No. LaJtd Registry. Form D. TNo. 3.] Ii , dcclaro that I am entitled to mortgage for ftve hundred dollars, estate for life, remainder in fee after the death of William Johnstone, of &o., &o., \jiccording to circumstances, upon, in, ovcrll the real estate hereunder described, and I claim registration of a charge acoordingly. The particulars of my said claim appear in the instruments specified in tlie schedule hereto. Description of Ileal Estate. The absolute foe is registered at folio — of the "Absolute Fees Book," in the name of (This statement will bo omitted where the application is made under Section — .) Distrir*. Town. Block. Section. Acreftgo. If A Town Lot. Block. Lot. Adnieasurcmenta. Further Description. A. D. 18G0. Date. Schedule op Instruments. Parties. Character of Deed, 19 fJ: A. D. 1860. [Fo. 3.] Land Registry. Form E. [24 Vict.] No. (Folio of Absolute Fee Book.) Charge. Parcels. (Short Descrip- tion.) Date of Application. Date of Registration. Nature of List of Instrnments. • • The Parcels are those described in the "Charges Parcels Book," folio — Form F. No. Folio of Charges Book. District. Block. Section. Acreage. • . If a Town Lot. Town. Block. Lot. Or otherwise, as the case may be. Further Description. Admeasaicment. No. fiO [24 Vict.] List of InBtruments. ok," Mo Acreage. ~i^« [24 Vict.] No. iKXiiA Begiatry. FOEM G-. Certificate of Tide. [No. 8.] Name of Owner. Page of Absolute Fees Book. Page of Ab- solute Fees Parcel Book. Date of Application. year, month, day. hoar. Date of Registration. List of Instruments. (Signed) Regiitrar General. FOEM fl. No. I declare that my full christian and surnames are ; and I appoitt ^ te the place where all notices and processes may he served upon me. A.D. I860. leasurcment. No. I, Form I. Issue on Absolute Fee. • of , take issue on the Registration effected by . o^ ' ^^'v^o of the AJiBolute Fees Book, as to (the whole or) the following part of the Real Estate in respect of which Registration has been so effected, namely:— Form J. No. Issue on a Charge. I, ,of Registration effected by > o^ of the Charge Book, and I say the same is improper as to (the whole or) of eush Registration. 21 , take issue on the folio |. I I A. D. 1860. [No. 3.] No. Land Registry. Form K. [24 Vict.] Kegistered (Charge, or Absolute Fees Book, xs the case may be) folio — Date of Application. Registration. Name of Applicant. Day. Hour. Day. Hour. * A. B., Registrar. No. Form L. I, of , file this notice of contest against an issue filed by , of folio of the Issue Book, and I say the same is improper as to (the whole or ) of such Begistration. Form M. No. I> , of , have filed a notice of contest, folio of the Contest Book, and crave that the (charge or issue, as the case may be) may be (cancelled, or taken oflF the file, as the cae may be). Form N. No. (Charge, contest, or issue, as the case may be). Folio of the Book, satisfied, and the particulars of such satisfaction are as follows : 82 [24 Vict.] Land Registry. Form O. [No. 3.] No. I, or Wo, , of , in consideration of , do hereby grant unto all that piece or parcel of land, together with the messuages and erections thereon, situate and^eing (parcel, or as the case may be) the Bcal Estate described at folio of the Book of Descriptions of the Real Estate registered for an Absolute Fee, and which said Real Estate is registered in the Book of Registration of Absolute Fees, folio , To have and to hold the same unto and to the use of the said ' heirs and assigns for ever. In witness whereof, I have hereunto set my hand and seal this day of Signed and sealed by the above-named in the presence of ^ [l. s.] the day of 1 A. D. 1860. Form P. No. I, or We, , of , in consideration of , do hereby grant unto all that piece or parcel of land, together with the messuages and erections thereon, situate and being (parcel of, as the case may be) the Real Estate described at folio of the Book of Descriptions of the Real Estate registered for an Absolute Fee, and which said Real Estate is registered in the Book of Registration of Absolute Fees, folio . To have and to hold the same unto and to the use of the said heirs and assigns for ever. And do hereby for heirs, executors, and administrators, covenant with the said and heirs, that have good right and title to convey the said hereditaments free from incumbrances^ and that heirs, executors, and administrators will at all times hereafter, at the reasonable request and cost of the said heirs and assigns, do all such reasonable acts and deeds as may be required of heirs and assigns by the said heirs or assigns, for the further or better assuring the said hereditament in manner aforesaid. In witness whereof, I have hereunto sot my hand and seal this day of Signed and scaled by the above-named ■% in the presence of > [l- s.] the day of * 28 [No. 3.] Lcmi Reyis'.rj. [24 Vict.] ' I 111 fi I , in consideration A. D. 1860. Form Q. Folio , Book I, of of paid to me by of the receipt of which sum 1 do hereby acknowledge, hereby transfer to him, his heirs and assigns, the estate or interest in respect of which I am registered, together with all my rights, powers, estate, and interest therein. In witness whereof, I have hereunto set my hand and seal, this day of , in the year one thousand eight hundred and Signed and sealed by the said in the presence of [I,.8.] !l I ) , in consideration Form E. Folio , Book I, of of paid to me by of the receipt of which sum I do hereby acknowledge, hereby transfer to him, his executors, administrators, and assigns, the estate or interest in respect of which I am registered, together with all my rights, powers, estate, and interest therein. In witness whereof, T have hereunto set my hand and seal, this day of , in the year one thousand eight hundred and Signed and sealed by the said . in the presence of } [l-B.] SECOND SCHEDULE. £ s. Inspection 2 Application Registration 2 Registration of any Original Absolute Fee 4 And one-fifth of one per cent, on the value of the Real Estate. Registration of any Charge 2 And one-tenth of one per cent, on the value of the interest covered by the charge. For every Transfer of an Absolute Fee '• 2 And one-fifth of one per cent on the value of the Real Estate transferred. 24 d. 1 1 2 lU Donsideration [24 Vict.] Land Pre-emjptim. [No. 4.] Every Certificate of Title 2 1 Filing any l8Bue 8 4 Filing any Contest 2 1 Sealing any Document 10 Cancellation of any Charge or Issue 4 2 Filing any Document, other than an Issue or Contest 2 1 Every Notice sent by the Registrar 2 1 Every Deposit of a Mjip and Title Deed 2 A.D 1860. No. 4. (27) Proclamation by His Excellency James Douglas, Companion a. D. 1861. of the most Honourable Order of the Bath, Goyemor and RepeaieFT Commander-in-Chief of Vancouver Island and its Depen- No. e, Appendix. dencies, Vice-Admiral of the same, &c., &c., &c. 119th February, 1861.] Tl/HEREAS, I have been empowered by Her Majesty's Govern- Preamble. * » ment to fix the upset price of Countiy Lands withia the Colony of Vancouver Island and its Dependencies, at four shillings and two pence per acre: And whereas I have been authorized as aforesaid to take such steps as may tend to promote the settlement of Country Land in * the said Colony: And whereas it is expedient to make public the method by which bona fide settlers may acquire the same laud: Bo it therefore known unto all men: — 1. That the upset price of all Country Land in Vancouver Island shall be from heneetorth four shillings and two pence per acre. 2. That from and after the date hereof, male British Subjects, and aliens who shall take the oath of allegiance before the Chief Justice of Vancouver Island, above the age of eighteen years, may pre-empt unsold Crown Lands in the Districts of Victoria, Esqui- malt, Metchosin, the Highlands, Sooke, North and South Saanich, Salt Spring Island, Sallas Island and Chemainus, (not being an Indian Reserve or Settlement), of the area and under the con- ditioui following: — A single man, one hundred and fifty acres; A married man, whose wife is resident in the Colony, two hundred acres; For each of his children, under the age of eighteen years, resident in the siild Colony, uu additional ten acres. 25 All Country Land to be sold at 4s. 2d. per acre. British subjects m&y enter upon and oc- cupy land, not being otherwise reserved, in certain quantities and in certain dis- tricts. [No. 4.] Land Pre-emption. [24 Vict.] A. D. 1861. Pre-eraptor, before recording bis claim, to take tbo oath of allegiance if a Brit- ish subject who has become subject to some other nation. Pre-emptor to record his claim immedi- ately on occupation. Fee. Regulating the form of claims. 3. All Br.ish subjects, who shall be desirous of pre-empting, and who may, at the time of record, have taken the oath of allegiance to, or become the subject or citizen of any Foreign Sovereign, State, or Nation, shall, as a condition precedent to recording their claims, take the oath of allegiance in manner aforesaid. 4. Immediately after occupation, the pre-emptor shall record his claim at the office of the Surveyor General at Victoria; paying for such record the sura of eight shillings and four pence. 6. The land selected, if unsurveyed, shall be of a rectangular form, and the shortest side of the said rectangle shall be two-fifths the length of the longest side; and the boundaries of such land shall also run as nearly as possible by the cardinal points of the compass. 6. Where the land sought to be acquired is unsurveyed, and is in whole or in part bounded by rofiks, mountains, lakes, swamps, the margin of a river, or the sea coast, or other natural boundaries, then such natural boundaries may be adopted as the boundaries of the land selected. 7. The claimant shall, if the laud is unsurveyed, give the best possible description thereof in writing to the Surveyor General, at the time of record, with a map thereof, and shall identify the land by placing a post at each corner and by stating in his description any other land marks whicu may be of a noticeable character. Mode of recording • 8. If the land however be surveyed, the' claimant shall give lands* '" *"'^^"y^^ the description aforesaid by identification with the land marks laid down by the Government Survey. 9. The claimant shall, if the land be unsurveyed, pay into the Land Office at Victoria, the sum of four shillings and two pence per acre for the same as soon as the land is included within the Government Survey; if the laud be surveyed, he shall pay into the said Land Office the sum of four shillings and two pence per acre by throe instalments, viz : one shilling and one penny per acre within one year from the said day of record; one shilling and one . penny per acre within two years from the said day of record, and two shillings within three years from the said day; and any default in any of the payments aforesaid, shall cause a forfeiture of the pre- emption claim, and of the instalments (if any) paid up. 10. "VVhcn the prc-cmptor, his heirs or devisees, shall prove to the Surveyor General by the satisfactory evidence of third parties, that he has, or they have, continued in permanent occupation of the claim for two years from the date of record, and has or have made permanent improvements thereon, to the value of two shillings per acre, the said Surveyor General shall issue to him, or them, a Cer- tificate of Improvement, in the form marked A in the Schedule hereto. 26 Payment. Ccitificatc ofltn- jirovcment to be arnnted nftor two years occupation ami 10s. per acre improvement. [24 Vict.] ipting, and allegiance eign, State, leir claims, record his paying for ■ectangular two-fil'tha such land nts of the j^ed, and is I, swamps, oundaries, ndaries of '■e the best General, at r the land iescription acter. shall give narks laid ' into the two pence ivithin the y into the » per acre per acre : and one . cord, and ny default )t the pre- ove to the rties, that Jn of the ive made llings per m, a Cer- Schedule [24 Vict.] Laid Pre-emption, [No. 4.] 11. Upon the grant of the Certificate of Improvement aforesaid, a. D. 1861. the person to whom the same is issued may, subject to any unpaid „ — . /, ^ ,, . , xu 1 J • i- f- I. Holder of Certificate instalments, sell, mortgage, or lease the land, in respect ot which of improvement may such Certificate has been issued; but until the entirety of the '*^"'g'*"^' °' """'" purchase money of the said land has been paid, no sale, mortgage, or lease of the said land shall be valid, unless a Certificate of Im- provement as aforesaid has been issued in respect thereof. 12. Upon the payment of the entirety of the purchase money, a Conveyance of sur- Conveyance of the land shall be executed in favor of the Pre-emp- '^^^^^ ^*'"*'* tor, reserving to the Crown the right to take back so much thereof as may be required for roads or other public purposes, and reserving also the precious minerals, with a right to enter and work the same in favor of the Crown, its assigns and licencees, 13. If the land is not then included in the Government Survey, conveyance of pre- the Conveyance shall, with the reservations aforesaid, be executed empted claim in un- as soon as possible aftei<:the same is so included, and the Pre-emp- tor shall, upon survey, be entitled to take any quantity of unpre- empted land, at the price of four shillings and two pence per acre, which may be laid off into the sections in which his pre-empted land is situate, or if unwilling so to do, he shall forfeit so much of the pre-empted land as lies in those sections which he is unwilling to purchase. 14. Priority of title shall be obtained by the person who, being Priorities. in actual occupation, shall first record his claim in manner aforesaid. 15. Whenever any person shall cease to occupy land pre-empted Forfeiture by cessa- as aforesaid, for the space of two months, the Surveyor General tion of occupation, may, in a summary way, on being satisfied of such permanent cessation, cancel the claim of the person so ceasing to occupy the same, and record de novo the claim of any other person satisfying the requisitions aforesaid, and in the event of any person feeling aggrieved thereat, his remedy shall be personally against the per- son so recording. 16. In the event of the Crown, its assigns or licencees, availing compensation for itself, or themselves, of the reservation to enter and work the waate or injury. precious minerals as aforesaid, a reasonable compensation for the waste and damage done shall be paid by the person entering and working to the person whose land shall be wasted or damaged as aforesaid; and in case of any dispute, a jury of six men, to be summoned by the Surveyor General, shall settle the same. 17. Nothing in the conditions hereinbefore contained, or in any title to be derived hereunder, shall be construed as giving a right to any claimant to exclude licencees of the Crown from searching for any of the precious minerals in any unenclosed land on the • conditions aforesaid. 27 [No. 4.] lioand Pre-emptum. [24 Vict.] A. D. 1861. l^' Water privileges, and the right of carrying water for mining — purposes may, notwithstanding any claim recorded, certificate of prirne^eBformln'ing improvement, or conveyance aforesaid, he claimed and taken upon, purposes. under, or over the land so pre-empted hy miners requiring the same, and obtaining a grant or licence from the Surveyor General in that behalf, and paying a compensation for waste or damage to the person whose land may be wasted or damaged by such water privilege or carrying of water, to be ascertained in case of dispute by a jury of six men in manner aforesaid. Arbitration. 19. I" case any dispute shall arise between persons with regard to any land acquired as aforesaid, any one of the parties in differ- ence may (before ejectment cr action of trespass brought) refer the question in difference to the Surveyor General, who is hereby authorized to proceed in a summary way to restore the possession of any land in dispute to the person whom he may deem entitled to the same; and to abate all intrusions and award and leVy such costs and damages as he may think fit, and for all or any of the purposes aforesaid to call in to his assistaace the civil authorities or any process of law. n SCHEDULE. Form A. No. Certificate of Improvement. Date, Folio of the Pre-emption Eegister, I, A. B., Surveyor General of Vancouver Island and its Dependencies, do hereby certify that C. D. has made permanent improvements upon his Pre- emption Claim, recorded at Folio of the Pre-emption Register, to the extent often shillings per acre; and I hereby also certify that the said C D., his heirs or devisees, may now sell, lease, or mortgage the same. 28. |[24VioT.] I [24 Vict.] For mining Irtificate of [ken npon, "ring the >r General lamage to Inch water lof dispute th regard in differ- ) refer the is hereby possession entitled levy such iny of the mthorities Land Pre-emption Extension. [Nob. 6 & 6.] No. 6. (29) A. D. 1861. Proclamation by His Excellency James Douglas, Companion Ruphalbd by No. e, of the Most Honourable Order of the Bath, Governor and ^^^^ '*" Commander-in-Chief of Vancouver Island and its Dependen- cies, Vice- Admiral of the same, &c., &c., &c. [21s< March, 1861.] WHEREAS I have been empowered by Her Majesty's Govern- ment to take such steps as may tend to promote the settle- ment of Country Land in the said Colony : And whereas it is expedient to extend the provisions of a Pro- clamation, given under my hand and the public seal of this Colony, and dated the 19th day of February, 1861, to the whole of Van- couver Island and its Dependencies : Now, therefore, be it known unto all men, that the provisions of the said Proclamation, given under my hand and the public seal of this Colony, and dated the 19th day of February, 1861, shall, from and after the date hereof, extend to and include the entirety of Vancouver Island and its Dependencies. 'encies, do I his Pre- Br, to the lid a D., No. e. (30) Proclamation by His Excellency James Douglas, Companion A. D. 1860. of the Most Honourable Order of the Bath, Governor and „ ^ „ ^ ' , Repealed by No. 0, Commander-in-Chief of Vancouver Island and its Depen- Appendix. dencies. Vice- Admiral of the same, &c., &c. [9<;i Jia?/, 1861.] WHEREAS I have been empowered by Her Majesty's Govern- ment, to take such steps as may tend to promote the settle- ment of Country Land in the said Colony : And whereas it is expedient to extend the time during which a person may cease to occupy land pre-empted under the provisions of a Proclamation given under my hand and the public seal of this Colony, and dated the 19th day of February, 1861 : Now, therefore, be it known unto all men, that any person having pre-empted laud under the provisions of the said Proclama- tion may, if he shall have been continuously in occupation of the same tor the space of (8) eight calendar months next previously to 29 [Ko8. 7 & 8.] Aliens* Land. [25 Vict.] ■ [26 VJ A. D. 1861. his leaving, leave the same for any period not exceeding (6) six calendar months, provided that within (21) twenty-one days from the date of his leaving the same, ho shall fill in a memorandum, in a book kept for that purpose in the Land Office at Victoria, with the particulars and in the manner therein contained. ^'• No. 7. (34) A.D. 1861. ^jj j^Q^ ^ enable Aliens to hold and transmit Real Estate. Repealed by No. 08. I28th October, 1811.'] Preamble. TITHEREAS it is expedient to enable Aliens to hold and transmit » » Real Estate in Vancouver Island and its Dependencies : Be it enacted by the Governor, on behalf of Her Majesty, by and with the advice and consent of the Legislative Council and Assem- bly of Vancouver Island and its Dependencies : — 1. That from and after the passage of this Act, it shall be lawful for any Alien to hold, possess, use, occupy, enjoy, and transmit by descent or otherwise, Real Estate of what nature or kind soever in Vancouver Island and its Dependencies, as fully and indefeasibly (for all purposes connected with the holding, use, and transmission of Real Estate, but not further or otherwise) as if he had been born a British Subject. Short Title. 2. This Act may be cited as the "Act to enable Aliens to hold Real Estate, 1861." Aliens may hold and transmit Real Estate as fully as British subjects. Be MtyestI Councl Depenj 1. 8ubjec| recov€ on th{ derive! A. D. 1861. Repealed by No. 161. Preamble. No. 8. (38) An Act to cure defects in Titles to Real Estate in Vancouver Island and its Dependencies, held by or derived through Aliens. lUtk November, 1861.] WHEREAS Aliens have purchased Real Estate in this Colony to a considerable extent, from the Grantees of the Crown : And whereas it is expedient to remove any doubts as to the Title of Aliens to Real Estate which they now hold, and as to the Title of British subjects to Real Estate derived through Aliens: 80 [25 Vict.] ■ [2G Vict.] Land. [No. 9.] A.D. 18G1 Be it therefore enacted by the Governor on behalf of Her Mtyesty, by and with the advice and consent of the Legislative Council and Assembly of the Colony of Vancouver Island and its Dependencies, as follows : — 1. No person, whether an Alien or a born or naturalized British subject, shall be disturbed in the possession, or precluded from the recovery, of any lands, tenements, or hereditaments in this Colony, on the ground that he himself, or any person through whom he derived his title before the passage of this Act, was an Alien. 2. Provided, nevertheless, that no actual possession taken, sale made, or action, or suit, or proceeding instituted previous to the passage of this Act, shall be affected hereby, but shall be and remain as though this Act had not been passed. 3. This Act may bo cited as "An Act for the Confirmation of Short Title, the Titles of Aliens to Real Estate, ;i861." Titles derived through AllCDS be- fore tbia Act not on that account in- valid. Provided that no actual possession or sale shall be affect- ed thereby. Repealed by No. 144. No. 0. (CO) Proclamation by His Excellency James Douglas, Companion A. D. 1862. of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of Vancouver Island and its Depen- cies, Vice- Admiral of the same, &c., &c. [fith September, 1862.] WHEREAS I have been authorized by Her Majesty's Govern- Preamble, ment to take such steps as may tend to promote the settle- ment of country land in the Colony of Vancouver Island and its Dependencies, and to reduce the upset price of country land to four shillings and two-pence per acre : And whereas it is expedient to make public the methods by which land may be acquired in tue said Colony : Be it, therefore, known unto all men : — 1. The Proclamations issued by me under the public seal of the Repeal of previous said Colony, dated respectivflly the 19th day of February, 1861, the Land Proclamatious 21st day of March, 1861, and the 9th day ot May, 1861, save so far a.s the rights and interests of any person who may have sought to acquire land thereunder are concerned, are hereby repealed. 2. Whenever the public requirements are such as to render the Land to be sold at sale of any tract of land expedient, whether a town site, suburban ""'=''•"' if requisite. land, or otherwise, the same land will be put up or sold at public auction, at such upset price as may be from time to time deter- 31 Forftiitoil Undi to be sold at auction. Power to British subjects and aliens who take the oath of allegiance to ac- quire land. The perAon desirous of acquiring land, to enter into posses- sion and record his claim. Quantities to be re- corded. [No. 0.] Land. [26 Vict.] A. D. 1862. mined on — not, however, in any case exceeding tho sum of four shillings and two-pence per acre for country land, und in the event of any land not fetching the upaet price, it shall he lawful for the Burveyor-Qonoral to soil the same by private contract at such upset price. 8. All country land forfmlted for non-payment of instalments shall from time to time be put up for sale at public auction, at an upset price of four shillings and two-ponce per acre. 4. That, from and after tho dato hereof, British subjects, and aliens who shall take the oath of allegiance to Her Majesty and Iler successors, above the age of eighteen, may acquire the right to hold and purchabe in fee simple, unsold, unoccupied, and unre- served Crown Lands in Vancouver Island and its Dependencies, not being the site of an existent or proposed town, or auriferous land available for mining purposes, or an Indian Beserve or Settle- ment, under the following conditions: — 6. The person desiring to acquire any particular plot of land of the character aforesaid, shall enter into possession and shall record his claim with the Surveyor General, paying to him the sum of eight shillings for recording such claim. The person recording may record his claim to the following quantities of land : — If a single man, one hundred acres; If a married man, whose wife is resident in the Colony, one hun. dred and fifty acres ; If the pdrent of children resident in the Colony, and under tho age of eighteen, ten additional acres for each such child. 6. Any perBon in possession of land so recorded as aforesaid, may acquire the j,:ght to hold and purchase any further tract of unoccupiefl hij i aforesaid, over and above the quantities aforesaid, and contiguous thereto, upon payment to the Surveyor General of the sum of two shillings and one penny per acre for the same, as and by way of instalment of the purchase money to be ultimately paid to the Government upon the survey of the same land. 7. Any person so paying such deposit shall enter into possession and record his claim to such last mentioned tract of land, in man- ner hereinbefore prescribed. 8. The claimant shall, in all cases, give the best possible descrip- tion of the land to the Surveyor General, together with a rough plan thereof, and identify the plot in question by placing at the corners of the land four posts, and by stating in his description any :)ther land marks of a noticeable character. land ^- Every piece of laud sought to be acquired under the provisions of this Proclamation, if in a surveyed district, shall bo selected 32 Power of acquiring additional land ad- jacent to the pre- empted claim, on payment of an in- stalment. Possession ai:d re- cord necessary, as in case of pure iir.o- emption. Mode of record. Shiipe of claimo'l. according to tho li trict, such piece of respect to lands al or bounded by nat the shortest line tl the longest line. 10. Wherever t surveyed district the frontage on hu exceed 1320 feet i 11. Where the district is in whol swamps, roads, natural boundario as the be lindanes case it shall be su of the Surveyor G circumstances per 12. If the land line of such claim acquire, notwiths been occasioned ' cause, by the clai 13. Where a between two or m piece, notwithsta' in length of any ' 14. The bound ual points of the trict and front oi shall ran back ft as may be at rig 15. Until the is recorded, it Island and its I all or any minei with such right! metals and met: surface ground deemed uecesss 16. Provided upon or under which any inst instalment sha for tho surface i._- [26 Vict.] Land. fNo. 9.] A. D. 1862. .! i Frontap^e of claims oarouda, rivers, he. Katural boundftries may be taken. Irregular lines of otbcr claims may be taken. according to tho linos of the survey; and, if in an unsurveycd dia* trict, such pioco of land shall (save as hereinafter mentioned with respect to lands abutting on roads, rivers, lakes, or the sea-shore, or bounded by natural boundaries) be of a rectangular shape, and the shortest line thereof shall bo at least two-thirda iho length of the longest line. 10. Wherever the piece of land sought to be acquired in an un- surveycd district abuts upon, a road or highway, river or sea-shore, the frontage on such road or highway, river or ^ea-shore, shall not exceed 13ii0 feet in length. 11. Where the land sought to be acquired in an unsurveyed district is in whole or in part bounded by mountains, rocks, lakes, swamps, roads, highways, or the margin of a river, or by other natural boundaries, then such naturtil boundaries may be adopted as the boundaries o'^tbe land sought to be acquired; and in such case it shall be sufficient for the claimant to show to the satisfaction of the Surveyor General that the said form conforms, as nearly as circumstances permit, to the provisions of this Proclamation. 12. If the land sought to be acquired be bouuded by a claim, the line of such claim may be adopted by the person so seeking to acquire, notwithstanding any irregularity in snch lino, which has been occasioned by the adoption of a natural boundary, or other cause, by tho claimant of the adjacent claim. 13. Where a piece of land is partially or entirely enclosed between two or more claims, tho claimant may acquire snch enclosed piece, notwithstanding any irregularity of form, or disproportion in length of any of the sides. 14. The boundaries shall run as nearly as possible by the cardi- nal points of the compass, or if the claim be in an unsurveyed dis- trict and front on a road, lake, river, or sea-shore, the boundaries shall run back from such road, lake, river, or sea-shore as nearly „. as may be at right angles to the frontage. 15. Until the conveyance of the land in respect of which a claim ^^^^ Governor may is recorded, it shall be lawful for the Governor of Vancouver grant leases of the , , „ inferior minerals Island and its Dependencies, for the time being, to grant leases of notwithstanding any all or any minerals lying under tho same for any term of years, and pre-empUon. with such rights of entry, and such powers of raising and working metals and metallic substances, and such privileges of UHing the surface ground for the necessary mining operations, as may bos deemed necessary by the said Governor. 16. Provided, that if any lessee enter and work any minerals compensation to be upon or under any land previously pre-empted, or in respect of ^'^'^^ *" "'^ "'='="• which any instalment has been paid, the pre-emptor or payer of the instalment shall be entitled to full compensation from such lessee for the surface land occupied, the Jdimiuution in value occasioned 33 Piece of land enclo- sed between two claims may be taken of whatever propor- tions. Direction of bounda- rit.j. [Xo. 9.] Land. [26 Vict.] A.D 1862.1 Power to purchase in surveyeddibtricts. Person in possession may purchase at the rate of 4g. 2d. per acre when the land is surveyed. by such right of entry, and the damage sustained by means of such raising, mining, and working of the minerals aforesaid; such dam- age to be ascertained as a question of deterioration to the land in question in an agiicultural point of view only. . 17. Wliere the land is situate in a surveyed district, the claimant who has entered upon the said land and recorded his claim as aforesaid, his heirs or devisees shall be entitled, after tw o years permanent occupation, or after the issuance of a Certificate of Improvement (whichever shall first happen) to purchase the land so acquired, or in respect of which such deposit shall have been paid as afores'aid, at such rate as may for the time be fixed by the Government of Vancouver Island and its Dependencies, not ex- ceeding four shillings and two pence per acre. 18. When the Government survey shall extend to the land claimed, the claimant who has entered into possession of and re- corded his claim as aforesaid, or his heirs or devisees, or in the case of the grant of a Certificate of Improvement hereinafter men- tioned, the assigns of such claimant shall, if he or they shall have been in continuous occupation of the same land from the date of the record aforesaid, be entitled (subject to any such mineral leases as aforesaid) to purchase the land so acquired or in respect of which such deposit shall have been paid as aforesaid at such rate as may for the time being be fixed by the Government of Vancouver Island and its Dependencies, not exceeding the sum of four shillings and two pence per acre. 19. "When the claimant, his heirs or devisees, shall prove to the Surveyor General by the evidence of himself and of third parties, that he or they has or have continued in permanent occupation of the claim from the date ot record, and has or have made permanent improvements thereon to the value often shillings per acre, the Baid Surveyor General sliall grant to the said claimant, his heirs or devisees, a Certificate of Iniprovomeiit in the form marked A in the Schedule hereto. Power to sell mort- ^^' Upon the grant of iho Certificate ot Improvement aforesaid, gnge, or lease givin the persou to whoni the same is issued may, subject to any , -^ ..id ohtui'nc'd'^a'c'eVifi- i"stalraent and to the terms of occipation undervvhich the same cate of Improvement land was originally acquired, sell, mortgage, or lease the land in respect of which hucIi certificate liua been issued, but no interest in any plot of land acquired in either ot ."ho methods aforesaid shall, before payment of the purchase money, be cajmblc of passing to a purchaser unleps the vendor shall have obtained such Certificatb of Improvement afc> aforesaid. 21. The purchase money, except as otherwise provided in the Tim- ofpavnicn+of r. , • „ . . ^. ..• x« i i ihjpuich'.si.iionej. "^"s*^ "^ ^ person desirous of acquiring a contiguous portion of land, shall be payable lor land acquired in manner aforesaid by iustal- 84 Power to Surveyor (ieneral to issue a Certificate of Im- provement. [26 Vict.] I [26 Vict.] Land. [No. 9.] ments at the rate of one shilling per acre, such instalments to be a. D. 1862. paid once in every year until the purchase money la paid in full, and the first instalment is to be paid within twelve months after the survey of the land is made, or in case of the land being surveyed within twelve mouths after the record. 22. Upon payment of the purchase money a conveyance of the Grant of the land, land purchased shall be executed in favor of the purchaser, reserving the precious minerals with a right to enter and work the same in favor of the Crown, its assignees and licensees, and subject to Buch mineral leases as may aflfect the land conveyed, 23. In the event of the Crown, its assignees or licensees, availing Compensation to itself or themselves of the privileges (other than the taking of land fa'^^aken'' by^^the" required for roads) mentioned in Clauses 31 and 32, a reasonable Oovemment. compensation for the land taken, wasted, or damaged, shall be paid to the person whose land shall be taken, wasted, or damaged as aforesaid. 24. Priority of title shall be obtained by the person who being in possession shall first record his claim in manner aforesaid. 25. Every person who shall have recorded his claim with the Surveyor General aforesaid, shall within thirty days from such record, record with the Land Recorder of the District or Settlement (when appointed) a copy of the recoid made with the said Surveyor General, and all maps or plans accompanying such record. 26. Whenever any person shall pennaneutly cease to occupy land acquired in either of the methods aforesaid, the Surveyor General may in a nummary way, on being satisfied of such per- manent c<^SBatioti, cancel the claim of the person so permanently ceasing to occupy the same, and record the claim thereto of any other person satisfying the rC(iiiiremouts aforesaid. 2'. As an ordinary rule, two months absence from the land acquired shall be bu3ii;ient evidence of permanent cessation of occupation. 28. The " occupation " mentioned herein shall mean a continu- ous personal residence of the claimant himself. 29. If any claimant shall show good cause to the Surveyor General he may grant him a "Licence to Substitute" in the form contained in Schedule B hereto, and the continuous personal resi- dence of the person named in such licence (such person not being or becoming subsequently to the date of the licence a cla'mant of land under this or any previous Proclamation) shall, during the continuance of the licence and if er record with the Land Recorder, be as effectual as the continuous personal residence of the claimant himself. 80. All deposits paid in respect of such forfeited claims shall bo forfeited, and all improvements, buildings, and erections thereon 85 Priority obtained by registration with possession. Registration to be recorded with land recorder. Surveyor General may cancel claims ] ■whose occupation hag permanently ceased. Two months' ab- sence, ag a rule, suflieient evidence of cessation of occu- pution. MpHuing of " occu- pation. Surveyor General may grant a license to act as substitute fur the prc-cmptor. On cancellation, all dnpo.^il3 aud im- provements forfeit- ed. [No. 9.] Land. [26 Vict.] A. D. 1862. shall (subsequent to the appeal hereinafter mentioned) be open to settlement by any other person. Appeal from the dC' cision of the Sur veyor General. 31. The summary decision of the Surveyor General may be appealed by either party to the decision of the Judge of the Supreme Court of Civil Justice, in such manner aa may be provided by any Act ot the Legislature. Saving of rights of 32. Nothing herein containea shall be construed as giving a right Free Miners. ^ ^ny claimant to exclude licensed miners from searching for any of the minerals aforesaid or working the same upon the conditions aforesaid. Government may 33. The Government shall, notwithstanding any claim, record, for'roads orpubTic ^^ conveyance aforesaid, be entitled to enter ar d t^e ''• 3h portion purposes. of the land acquired, in either of the methodt .■^'^rof.u i.s may be required for roads or other public purposes. Saving of the rights 34. W"".ter privileges, and the right of carrying water for mining and lead'water?'*"^ purposes may, notwithstanding any claim recorded, be claimed and taken upon, under, or over the said land so pre-empted or pur- chased as aforesaid, by licensed miners requiring the same, and obtaining a grant or license from the Surveyor General, and paying a compensation for damage to the person whose land may be wasted or damaged by such water privilege or carriage of water, to be ascertained in case of dispute in manner aforesaid. Forfeiture of old by registration of new claim, Power of reference to the Surveyor General. 35. If any person, being already registered as a claimant, register a claim to any other land not being contiguous thereto, the lanu so previously claimed shall ipso facto be forfeited, and shall, witli rJl improvements thereon, be open to settlement by any othtu person. 36. In case any dispute shall arise between persons .-^ith reg;: "cl to any land so acquired as aforesaid, and one of the parties in uiil'i x ence may, before ejectment or action of trespass brought, refer the question in difference to the Surveyor General, who may proceed in a summaiy way to restore tlie possession of any land in dispute to the person whom he shall deem entitled to the same, and to abate all intrusions, and award and levy such costs and damages as he may think fit. Tiie Governor may 37. The Qovemor may from time to time appoint, i' 7 vo, and nppoint Land Re- re-appoitit a person resident in any District or Settlemcr.. lo be corders. i r i j "Land Recorder" for the same District or Settlement, antl may from time to time appoint a i> ^ uty to ict in his place during his absence. ., . , , , , 88. Tlio duties of the "Land Recor ;•.< " shall be to keep a book Duties of the Land , , ,, lUcorder. to bo called tlio " Occupation liecoiu," lu • ?hich he shall enter, at the request of any person who has acquired land, a memorandum of the presence of wuch person in the District or Settlement on the 36 i ;1 L>'j ■ .»'■■' [26 Vict.] Laiid. [No. 9.] corder. Recorder shall enter copies of fresh re- cords. Person occupying in the place of another who racords for him- self to cease repre- senting the other. Repoiders' reports. date of such memorandum, and in the event of such person ceasing A. D. 1862. to occupy land acquired as aforesaid for a temporary purpose, the name of the person (not being a person registered as a pre-emptor) occupying for him, such person to appear and be identified before such Recorder at the time of the record. 89. The Surveyor General shall, from time to time as Land The Surveyor Gene- Recorders are appointed, transmit to each Recorder copies of all and*oopks'°f r?gu- maps of the District or Settlement to which such Recorder is 'wtjon to Land Be appointed, and also copies of the Registration Record of the said District or Settlement (if any). 40. The Land Recorder shall also record in a book to be supplied to him for that purpose, the copies of the records made with the Surveyor General, and of the maps and plans aforesaid, and keep them for the inspection of the public. ' 41. Any person occupying land in the place of a person tempor- arily absent, who shall record any claim to any land, shall be deemed from the date of such record to have ceased to occupy on behalf of the person temporarily absent. 42. The Land Recorder shall report to the Surveyor General once every six months the state of his District or Settlement, par- ticularizing as far as possible the number of settlers \^o are resident on recorded claims, and the number of claims recorded which have been vacant for two months or longer. 43." A statement of the Land Recorder, signed and addressed by him to the Surveyor General, shall be prima facie evidence of per- manent improvements to the value therein mentioned. 44. An extract from the "Occupation Record," signed by the Land Recorder, and proved to have been so signed by a competent witness, shall be prima facie evidence of the occupation by the per- son therein named as personally present on the date therein men- tioned, and an extract made, signed, and proved as aforesaid, of the record of the name of the person occupying as substitute for another shall be prima facie evidence (until rebutted by evidence of absence or registration as aforesaid) of occupation in lieu of the pre-emptor registered. 45. In the event of any application for the cancellation of a claim on the ground of permanent cessation of occupation, if the porson whose claim shall be sought to be cancelled shall be shown to have quitted the District, without recording the date of his last presence in the District or Settlement as aforesaid, the date of his absence shall prima facie be taken to have been more than two mouths previously to the date of the application for cancellation. 40. In the eventof the Surveyor General requiring the attendance The Surveyor Gcne- porsonally of the person whose claim is so souglit to be cancelled, tice"to^be°^ervpd'ou he may require that notice to attend at the Laud Otlice, Victoria, P^^'y Y^°^^ c'"'™ --is sought to be can- ol celled. Statement of Re- corder as to Certifi- cate of Improvement Extracts from "Oc- cupation Book" to be evidence. Omission to enter the lust date, when present, to bo prima facie evidence of ab- sence for two months previous to the ap- plication for cancel- lation. [No. 0.] Land. [26 Vict.] A. D. 1862 Notice may be snb. Btituted on the Re- corder. Costs of serving sub- stituted notice. Service of s, t ted notice and r<.. by the Recorder. at a time to be fixed by the Surveyor General, ehall be served on such person. 47. In the event of such person not being found and served with ■ such notice, the Surveyor General may order such notice to be left with the Land Recorder for the District or Settlement where such contested claim is situate. 48. A sum not exceeding one pound, to be fixed by the Surveyor General, and noted on the notice, shall be paid to the Land Recor- der to meet the expenses of serving the said notice, by the party requiring the same to be served. 49. The Land Recorder shall, if the person upon whom the said lOtice is to be served, can be found in the said District or Settle- ment, cause the same notice to be served upon him; and as soon as the Land Recorder has served the said person, or ascertained that he cannot be found in the said District or Settlement, shall certify the same under his hand, and remit such certificate by the earliest communication to the Surveyor General. 60. The Surveyor General, upon the receipt of the said certificate, and after such postponement and advertisements (if any) as he may think necessary, may determine the question on such evidence, whether ex parte or otherwise, as he may think proper. 61. The Recorder shall be entitled to the fee of four shillings and two-pence on recordJ \^ copies of any pre-emption record from the Land Office, and to a fee of one shilling on recording any other matter or thing; and the said fees shall be paid and payable by the person requiring the record to be made ; and the Recorder of each District or Settlement shall also be entitled to the amount of record fees paid at the Land Office for the registration of claims in his District or Settlement. Recorder to sign ^^* "^'^^ Recorder shall sign his name at the foot of every entry records. in the " Occupation Record." Sliort Title. 53. This Proclamation may bo cited as the " Vancouver Island Land Proclamation, 1862." SCnEDULE A. I hereby certify that has satisfied me by evidence of \nainiitij the. wttiicfs, and detailing am/ other evidence upon which the Sur- veyor General has come to his judgment'] that , of , has made improvements to the extent of ten shilliugs on aero on acres of land, situated at . Signed, this day of Tbs Surveyor may proceed ex parte. Fees payable to the Recorder. 38 [29 Vict.] Land Registry Amendment. SCHEDULE B. [No. 10.] A. D. 1862. I hereby license , of for the space of months, the Claim recorded No. of the Pre-emption Record Book, in the stead of Dated, this day of , to occupy .Page Surveyor General. No. 10. (101) A. D. 1865. An Act to amend " The Land Registry Act, 1860." — im April, \m.]lTl^.''^ WHEREAS it is necessary to amend *' The Land Registry Act, preamble. I860:" Be it therefore enacted by the Governor of the Colony of Van- couver Island and its Dependencies, by and with the advice and consent of the Legislative Council and Assembly thereof, as follows : — 1. It shall be lawful for the Governor to appoint, from time to Appointment of time as occasion shall require, during the absence or other inca- ^^1'"'^ Registrar, pacity to act of the Registrar General, a fit and proper person to perform the duties of Deputy Registrar; and all the acts of such Deputy Registrar shall have the like force and eflect as if done by the Registrar General ; and the Deputy Registrar shall have such remuneration as the Governor shall think fit. 2. Every person claiming any other or less estate than the abso- Registration of lute fee, or any equitable interest whatever in real estate (other ^'"^'■8<'- than a leasehold interest in possession for a term not exceeding one year) whereof the title to the absolute fee has not been registered, may, on proof of a prima facie title thereto, register a charge in like manner as is prescribed in Section 10 of the said Act. 3. No equitable mortgage or lien created simply by a deposit Equitable Mortgages of title deeds, shall be deemed to eutitio the person iuterested to «iot to be registered, registration under this Act. 4. Whenever any person shall have paid in full for land pre- Pre-empted Land. empted under any Land Proclamation or Act now or hereafter in force, he may, on receiving a certificate of such payment from the Surveyor General, apply to have the same registered as an abso. c. .a fee, in like manner as prescribed iu Section 8 of "The Land Regis- try Act, 1860." 89 [JTo. 10.] Land Uegisiry Amendment. [29 Vict.] A. D. 1865. Certificate of Sur- veyor General. Form of Certificate of Title, and provi- sion in case of loss thereof. Certificate of Title to be evidence. Certificate of Indc feasible Title. Time of application 6. The Surveyor General may give a certificate of payment of all or any of the instalments due on land, aa mentioned in Sections 16 and 17 of "The Land Registry Act, 1860," and in Section 4 of this Act, in the Form marked U. in the Schedule to this Act. 6. Section 18 in "The Land Registry Act, 1860," is hereby re- pealed, and, in lieu thereof, be it enacted that the Registrar shall, upon the registration of any absolute fee, issue a certificate of title to the person who shall have eftected registration, in the Form marked G. in the first Schedule to this Act; and shall fill up a memorandum thereof, and retain the same in his office; and if any certificate of title shall be lost or destroyed, the Registrar General may, upon being satisfied by affidavit of the applicant, or of some other person, of the truth thereof, issue a fresh certificate in lieu of that so lost or destroyed, expressing on the face thereof that it is a duplicate: but no such fresh certificate shall V of any avail against any person who may have already derived title under the original certificate. In every case, so far as practicable, where a transfer is registered of a p'^rtion of the land comprised in or referred to in the certificate of title, an endorsement of such transfer shall be made tbereon. 7. Every such certificate of title shall be received as evidence in all Courts of Justice of the particulars therein set forth. 8. Upon the expiration of five years from the time when regis- tration of an absolute fee was first ett'ected, the registered owner shall be entitled to receive a cei-tificate of title in the Form marked S. in the said first Schedule, a duplicate of which shall be retained by the Registrar, and such certificate of title shall be conclusive evidence in all Courts of Justice that the owner therein named is the absolute owner of an indefeasible fee simple in the real estate therein referred to; and such real estate may be transferred by an endorsement on such certificate, in the Form marked T. in the s lid Schedule, or similar thereto; and the Registrar, upon the receipt of the former certificate of title, may grant registration of the abso- lute fee to such transferee, in iho Form marked B. in thj said Schedule, and issue a new certificate to such transferee; and, when necessary, a new certificate or certificates to the transferror or trill sterrors, in manner aforesaid; and upon such registration the transfer shall confer upon the person to whom the same is made an absolute and indefeasible title in fee simple in the land transferred, subject, however, to the rights existing against any such estate by virtue of any charge or issue appearing on the register at the timj of such trausler, and also to any unregistered leasehold interest in possession for a term not exceeding one year, as aforesaid. S). The time at which the application for registration shall be deemed to have been made shall be the time when the application piipor is filled up and signed by the applicant, and the title deeds handed in to the Registrar. 40 29 Vict.] lent of all actions 16 4 of this ereby re- rar shall, e of title the Form fill up a nd if any General of some in lieu of hat it is a lil against e original iransfer is rod to in shall be ?^idence in len regis- ed owner oa marked ) retained jonclusive named is eal estate ed by an n the s lid be receipt ' the abso- tho said md, when sferror or ation the I made an nnsferred, estate by the timj iterest in shall be pplication itle deeds [29 Vict.] Land Registry Amendment. [No. 10.] 10. Whenever any deed or instrument is produced for the proving a. D. 1865. the title of any applicant for registration, the Registrar is hereby — jr. , -iii 1 11-1 Jfcmorandura of re- required, so far as may be possible, to endorse on such deed or gistration to bo en- instrument a memorandum of the interest of the said applicant in dorsed on title deeds. the land comprised in such deed or instrument. 11. Within one week after any issue has been filed under the Notice of issue. provisions of " The Land Registry Act, 1860," the Registrar shall give notice in writing to the registered owner of the property in respect of which the same has been so filed. 12. Tn every case of cancellation of a charge, notice of contest, Date of cancellation or issue under the provisions of "The Land Registry i^ ct, 1860," "f charge. the interest against which such charge, notice of contest, or issue shall have been registered or filed shall be deemed to be discharged from the date of the satisfaction or discharge of the same, and not from the date of entry thereof as provided in Section 41 of the last mentioned Act. 13. Before any instrument executed after the expiration of six ah deeds to be ac- mouths from the passing of this Act, other than a decree, judgment, knowledged. or order of a Court of Civil Jurisdiction, is registered, and to entitle the same to be registered, the execution thereof shall first have been acknowledged or proved in the manner hereinafter pro- vided, and such fact of acknowledgment or proof shall appear by a certificate under the hand and seal of the proper officer or other person authorized to take such acknowledgments endorsed upon or attached to suc|^conveyance, deed, or other instrument. 14. The acknowledgment or proof of execution of all instruments Before whom instru- hereby authorized to be registered, if acknowledged or proved ^^"'.^i "J^ed" ^^ ^'^' within the Colony, may be made to the Registrar, or Deputy Regis- trar, or any person commissioned in that behalf by the Chief Jus- tice of the Supreme Court of Civil Justice of Vancouver Island, as hereinafter mentioned; and if acknowledged or proved without the Colony and within the British Dominions, may be made to any Judge of a Court, or Clerk or Registrar of any Court having a seal, or to any Notary Public, or to any Magistrate of any Town or Dis- trict within the said Dominions having a seal of office; and if acknowledged or proved without the British Dominions, may be made to any British Ambassador, Charge d'Aflaires or Minister, Consul or Consular Agent appointed to reside in the country where such acknowledgment or proof is made, or to any Judge of any Court of Record having a seal, or to any Notary Public practising in such country, duly certified to be a Notary Public by some British Ambassador, Charge d'Aflaires, Minister, Consul, or Con- sular Agent. And every such acknowledgment of instruments executed without this Colony shall be suflacient to entitle the same to be registered, notwithstanding anything in this Act contained to 41 [No. 10.] Land Hegistry Amendment, [29 Vict.] A.D 1865. Chief Justice may appoint persons to take acknowledg- ments. Persons making ac- knowledgments shall appear before the Officer taking same. By whom acknow- ledgment* may be made. riocitiils in acknow- ledgmeuts. I r the contrary, and particularly to the provisoes in Section 17, here- inafter following. 15. The Chief Justice aforesaid, with the approval ot the Governor for the time being, may appoint by Commission such and as many competent persons, other than the persons before mentioned, as may be necessary for the accommodation of the public, to take the acknowledgment and proof of the execution of all instruments in writing within the Colony, which may by law be registered. 16. No acknowledgment of the execution of any instrument affecting any real estate within this Colony shall be taken, unless the party offering to make such acknowledgment shall appear before the officer taking the same, and unless such party shall either be personally known to the officer, or his identity be proven by the oath or affirmation of a competent witness; and such certificate of acknowledgment shall recite in substance and legal effect the facts required by this Section. 17. Acknowledgments and proofs of the execution of instruments entitled to be registered may, for the purposes of this Act, be made by (1.) The party executing in person such instrument; (2.) The Attorney in fact, when such instrument is executed by an Attorney in fact ; (•3.) The Secretary of any Corporation, when such instrument is executed by such Secretary; (4.) A subscribing witness to such instrumen* Provifled, always, that no acknowledgment of any party execu- ting in person such conveyance, deed, or other instrument, shall be taken, unless in addition to what is required by Section 16 of this Act, such party acknowledge that he is the person mentioned in finch instrument as the maker thereof, and whose name is subscribed thereto as a party, that he knows the contents thereof, and that he executed the same voluntarily; and such certificate of acknowledg- ment shall, in addition to ^^•hat is required h} Section 16 to be recited, recite in substance and legal elect the facts required by this proviso. And, provided also, that ilo acknowledgment by an Attorney in fact shall be taken, unlesi? in addition to what is required by Section 16 of this Act, such Attorney in fact shall acknowledge that he is the person who subscribed the name of (naming the maker) to the instrument, that said (naming the maker) is the person mentioned in the instrument as the maker thereof, that (naming the Attorney in fact) knows the contents of the instrument, and subscribed the name of (naming. the maker) thereto voluntarily as the free act and deed of the said (naming the niifker); and such certificate of ack'" >tvledgment shall, in addition to what is required by Section 16 to Ijc recited, recite in substance 42 3 \ I is [29 Vict.] 1 17, here- al of the ssion such Dns before on of the cecution of ay by law nstrument unless the ear before either be en by the rtificate of t the &ct8 istruments is Act, be Kecuted by trument is rty execu- it, shall be 16 of this itioned in subscribed nd that he knowledff- n 16 to be quired by 3nt by an > what is fact shall name of ming the he maker •ntents of le maker) tming the addition substance [29 TiOT.] Land Registry Amendment. [No. 10.] A. D. 1865. \ and legal effect the facts required by this proviso. And, provided also, that no acknowledgment by the Secretary of any Corporation shall be taken, unless in addition to what is required by Section 16 of this Act, such Secretary acknowledge that ho is the person wlio subscribed his name and affixed the seal of such Coi-poration, as the Secretary, to such instrument, and that he was first duly authorized to subscribe and to affix the said seal to the same; and such certifi- cate of acknowledgment shall, in addition to what is required by Section 16 to be recited, recite in substance and legal effect the facts required by this proviso. And, provided also, that no acknow- ledgment by a married woman shall be taken, unless in addition to what is required by Section 16, such married woman shall be first made acquainted with the contents of the instrument, and the nature and effect thereof, and shall acknowledge on examination, apart from and out of hearing of her husband, that she knows the contents of the instrument, and understands the nature and eflect thereof, that she executed the same voluntarily, without fear,' or compulsion, or undue influence of her husband, that she is of full age and competent understanding, and does not wish to retract the execution of the same; and every such certificate of acknowledg- ment shall, in addition to what is required by Section 16 to be recited, recite in substance and legal effect the facts required by this proviso. And, provided, that no acknowledgment or proof by a subscribing witness shall be taken, unless in addition to what is required by Section 16 of this Act, such subscribing witness shall acknowledge that he is the person whose name is subscribed to the instrument as a witness, and shall prove that (naming the maker) whose name is subscribed thereto as the maker, did eyecute the same; and such certificate of acknowledgment or proof shall, in addition to what is required by Section 16 to be recited, recite in substance and legal effect the facts required in this proviso. Pro- vided, also, that the acknowledgment or proof of instruments required to be made or done as hereinbefore mentioned, may be in the Forms in the third Schedule hereto. 18. Every instrument which shall bo acknowledged or proved and certified as in this Act proscribed may, together with the cer- tificate of acknowledgment or proof, be read in evidence in all Courts of Law and Equity, without further proof of execu- tion. 19. When any person applies for registration of a portion of an Regist. . entire lot or fiectiou of laud, he shall, if so required by the Regis- JoiuedT^'pended trar, deposit a map thereof properly authenticated, or append the to deeds. same to the instrument conveying the said land, and reference to such map shall be made by the llcgistrar and entered by hira in the Parcels Books, and such map shall bo drawn on a scale in the case of land situated in any district of not less than four inches to a * mile, and in the case of land situtaed in any town, on a scale of not 43 Instrunieiita ac- knowleilgid may be reiid ia evidence. may re- be At:- [No. 10.] Land Registry Amendment. [29 Vict.] A. D. 1865, Surveyor General to deposit copies of offlcint mnps. Acknowledgments, Ac, to be made be- fore Registrar. Power to Registrar to refer cases to the Court. Application for re- gistration may be made by agents. Caveat, kc. May be registered as charges. List of land regis- tered to be kept. Per centnge on value of laud. Forms to be used. less than one chain to an inch, or on such scalo respectively as the Registrar shall require, in order that the land may bo clearly and conveniently shown. 20. The Surveyor General of the Colony shall, as soon as con- veniently may bo, and from time to time deposit in the Land Registry Office when requested so to do by the Registrar, copies of all Official Maps in his custody duly authenticated by his signature. 21. All acknowledgments, affidavits, oaths, and declarations necessary for this Act, and "The Land Registry Act, 1860," may be taken by and made before the Registrar. 22. Whenever in the opinion of the Registrar, from any special circumstances in the case it is desirable that an application for registration shall be decided by the Court, or that a declaration of title in the first instance should bo made under any Act which may be passed in the present Session, it shall be lawful for him to refer such matter to the Court, and to decline the registration thereof until an order for such registration or a declaration of title has been obtained, as the case may require. 23. Applications for registration may be made by the agent of any person entitled to be placed on the register, provided that the Registrar be satisfied that such agent is duly authorized to make such application. 24. The Court may, upon the application by petition of any per- son interested in real estate, although the same bo not registered, issue an order or caveat inhibiting any dealing with or registration of such real esta'.e, and annex thereto any terms and conditions it may think fit, and generally to make such order as the justice of the case may require. 25. All orders made under the 59th Section of "The Land Regis- try Act, 1860," nuiy be registered as cliargos, and all orders made under tbe 24th Section of this Act nia^' be registered as supple- mental charges. 26. The Registrar shall keep a list, arranged under appropriate headings, as to towns and districts, of all lands registered. 27. The per oentage to be paid on the registration of an absolute fee shall be according to the market value of the property at the time of application for registration; and in case of doubt, the mar- ket value shall be hold to be the value as stated in the last comple- ted Government Assessment Roll. 28. The Forms in " The Land Registry Act, 1860," marked A, B, C, T>, E, F, G, I, K, L, and M, respectively, shall, as soon as conveniently may bo, bo discontinued, and those marked A, B, C, D, E, F, G, I, K, L, and M, respectively, in the first Schedule to this Act annexed, may be used in lieu thereof. 44 'i 29 Vict.] ely as the mrly and 1 as con- he Land copies of iignature. clarations 60," may y special ation for aration of lich may a to refer n thereof > has been agent of that the to make any per- ogidtered, gistratiou ditions it justice of id Regis- ers made s supple- propriate [29 Vict.] Laiid Registry ATnendtnent. [No. 10.] 5 Fgo3. 29. In lieu of the fees as mentioned in the second Schedule to a, D. 1865. "The Land Registry Act, 1860," the fees mentioned inthe second Schedule hereto shall be charged and paid. 80. If the deeds constituting a title have been registered, and Registered deeds ni- they have boon allowed to remain in the office for one month there- Ihrofflco onrmonth after or upwards, the same shall bo charged as if they had been ciiarged as if de- T .^ J posited. deposited. 31. It shall bo the duty of the Registrar, when requested and Documents may be upon payment of the proper fees, to record in a book or books to *"'5''"^i°,*^j^ °^^i^' be kept for that purpose, and to be called respectively " The Abso- made. lute Fees Record," " The Charges Record," and " The Supplemen- tal Charges Record," all instruments in any manner afiecting the title to real estate, or to any interest thereunder which has or may have been already duly registered, by correctly transcribing or copying the same, together with an endorsement thereon or certi- Hcate attached thereto, word for word, letter for letter, figure for figure, sign for sign, and erasure for erasure. 32. References to sucb record shall be made in the register books References to bo of the title to which such instruments relate. '^'^^^ '" «"'='^ <=°i''«3. 33. The record of any such instrument as aforesaid, or any copy of official copies may the same duly certified by the Registrar may, iu the absence of the ^° received in cvi- origiual, and if produced by a party not having the control of the . original, be read in evidence in all Courts of Law and Equity, with- out further proof, but the production of such copy shall not pre- olude the Registrar from requiring the production of the original document in those cases when such- production may be deemed necessary for the purpose of registering any title thereunder. 34. This Act may be cited as " The Land Registry Amendment short Title. Act, 1865." absolute y at the the mar- comple- irked A, soon as A, B, C, edule to FIRST SCHEDULE. Form A. No. I, A. B., declare that I am tho legal owner in my own right in fee simple in possession of the Real Estate hereunder described, and I claim to be regis- tered accordingly. 45 [No. 10.] A. D. 1865. Land Registry Amendment. Destription of Real Estate. [29 Vict.] Town or District. Lot or Section. AdmcaBurement or icrcnge. • List of Instruments, Date. Parties. Ctiaracter of Deed. And I, 'the value of the said Real Estate is declare that to the best of my knowledge Dollars. A.B. Form B. No. B o d 05 O — ; V u 'i o o o. d o a ta rn . o □ olu ees reel oks l-ss Date of cgistrat List of strume < « S J8 t. C3 . 1866. Land Registry Amendment FOBM E. [29 ViOT.] No. Is 8 .2 oM ! ; OS CO M o in . a .3 03 A w ft « O O e] en CO n o of the la Vol. No. Ee Vol. FOKM F. No. Polio of Charge (or supplemental Charge) Book. Town or District. Lot or Section. Admeasurement or Acreage. Further Description. 1, or) file* >Jook, ' Form G. Certificate of Title. I, 18 , thet pi crave 1 No. 186 Certificate of Title - Namo of Absolute Fees Date of Parcels Short No. Owner. Book. Registration. Descrip-. tion Name Absolute Fees Book Property A.D., Liil of Imtrumenit, Registrar General. T simple partioi sub ice A. B., 48 Registrar General. ■RPKI (4 m CO n o [29VICT.3 ZaM<£ JRegisty Amendpient FOEM I. [No. 10.] I, A. B., take issue on tlie regjatration effected by of the land known as , m the bsolute Fee Book, Vol. Folio. ^ „ A. Jo, A.D. 1865. Form K. No. Registered the day of 186 , in Book Vol. Folio A.B,, Registrar General. Form L. I, A, £., file this notice of contest against an issue (or charge registered or) filed by C. !>., in respect o." that piece of land registcicd in the >](ook, Vol. Folio A. si. Form M. I, A. B., having filed a notice of contest on the day of 18 , against the issue (or charge registered or) filed by C. D., in respect of thet piece of land registered in the Book, Vol Folio , crare that the charge (or issue) may be cauc 'od (or taken off the file.) Parcels Short Descrip- tion. Form S. Ccrtificaie of IndefmsiJbk Title. This is to certify that A. B. is absolutelj ai.«d indefcasibly entitled in fee siinplo to that piece of land known as . ^^^^ ">«re particularly described in Absolute Fees Parcels Book, Vol. Folio , subject however to In wituosii whereof, I have hereunto sot my hand and soal of office, this day of 186 . ^^^ Registrar General. 49 A. 0. 18d5. [tTo/io:] Lcmi ^igtsity Ammdment. [29 VrctJ I, A. B., of , do hereby^ in oonridention of DollftH, paid to mi, tnMfitr and convey the land in this oertifioate teferted to, to C. D., his heirs and assigns, for ever. Executod in the presence of 1 A. B. D. E. E. F. 1 Form U. I hereby certify that instalment due in respect of Section , has been paid, and that there remains a balance of unpaid. A.B., Surveyor General. ^ECOM) SCHEDULE. Fees. Inspection of any Title on the Register $ 50 Application Registration 50 Registration of any Absolute Fee 1 00 And one-fiflh of one per cent, on the value of the Real Estate, where such value amounts to or is under five thousand dollars j and one- tenth of on? per cent, on the additional value, where such value exceeds five thousand dollars. Registration of any Charge 1 00 And one-tenth of one per cent, on the value of the interest covered by the charge. Every Certificate of Title, or search 50 Filing any Issue 2 00 Filing any Contest 50 Scaling any Document 25 Cancellatijn of any Charge, &o 1 00 Filing any Document, other than an Issue 5l) Every Notice 50 Every deposit of Map or Title Deed 5 On For every transcript or record of any Deed or Instrument, as provided for in Section 31 of this Act, per folio of one hundred words 2h For making certified copies nf any Deed or Instrument of record, per folio of one hundred words 25 For taking the acknowledgment or proof of execution of any Instrument, 'Deluding the Certificate thereof, for every acknowledgment or proof 1 00 For ( dmintstcring an oath bO 50 [29 yip?.] jjqif4Mm^ 4-vimkmt. [|fp. ;^p.3 THrap sqH:iEpuLE. Fqr M^hef of a, J)e«d,. I hereby certify tbat , personally known to me, appeared before me and acknowledged to me tbat the person mentioned in the annexed instmment aa the maker thereof, and whose name eabeoribed thereto as part that knows the contents thereof, and tbat executed the same voluntarily. In testimony whereof I have hereto set my band and seal of office, at , this day of , in the year of our Lord one thousand eight hundred and sizty- A.p. ;865. For Married Woman. I hereby certify tbat A. B., personally known to me to be the wife of CD., appeared before me, and being first made acquainted with the contenti of the annexed instrument, and the nature and effect thereof, acknowledged on exam- ination, and apart from and out of hearing of her said husband, tbat she is the person mentioned in such instrument at^ the maker thereof, and whose name is subscribed thereto as party, that she k rs the contents and understands the nature and effect thereof, that she executed the same voluntarily without fear or compulsion or undue influence of her said husband, that she is of full age and competent understanding, and does not wish to retract the exccutioii of the said instrumont. In testimony whereof I have hereto set my hand and seal of office, at , tliis day of , iu the year of our Lord one thousand eight hundred and E.F. For AttoiTiey. I hereby certify tbat , personally known to me, appeared before me uud acknowledged to me tbat he is the person who sub- scribed the name of to the annexed instrument as the maker thereof is the person meutioucd in the said iustrument as the maker thereof, that bo knows the contents of the said instrumcut, and that be subscribed the name of thereto voluntarily as the free act and deed of the said In testimony whereof, I have hereto set ray hand and seal of office at , this day of , in the year of our Lord one thousand eight hundred and sixty- 61 [No. 10.] Land Begisiry Amendment. [29 Vict.] A. D. 1865. For WUiiess. , personally known to me, I hereby certify that appeared before me and acknowledged to me that] the person whose name sabsoribed to the anneked Instruments as Witness, and having been duly sworn by me, did prove to me that did execute the same in presence voluntarily. In testimony whereof I have hereto set my hand and seal of office at , this day of , in the year of our Lord one thousand eight hundred and sixty 1 \ wmm REPEALED LAWS, USEFUL FOR REFERENCE, OF THE FORHEBLT SEPARATE COLONY OF BRITISH COLUMBIA. No. 11. (131) Proclamation by His Excellency James Douglas, Governor a. d 1858. and Commander-in-Chief of Her Majesty's Colony of British Columbia and its Dependencies. Proclamation, having the No'l'iei. ^ force of Law, to enable the Governor of British Columbia t-o convey Crown Lands sold within the said Colony. [2nd Decmber, 1858.] WHEREAS by virtue of an Act of Parliament, made and passed in the 2lBt and 22nd years of the Reign of Her Most Gracious Mfgesty the Queen, by a Commission under the Great Seal of the United Kingdom of Great Britain and Ireland, in conformity there- with, I, James Douglas, Governor of the Colony of British Colum- bia, have been authorized by Proclamation issued under the Public Seal of the said Colony, to make Laws, Institutions and Ordinances for the peace, order, and good government of the same: Now, therefore, I, James Douglas, Governor of British Columbia, by virtue of the authority aforesaid, do proclaim, ordain, and enact, that on and after the day of the date ot this Proclamation, it shall be lawful for the Governor, for the time being of the said Colony, by any instrument in print, or in writing, or partly in print and partly in writing, under his hand and seal, to grant to any person or persons any Land belonging to the Crown in the said Colony; and every such instrument shall be valid as against Her Majesty, Her heirs and successors, for all the estate and interest expressed to be convcved bv such instrument in the Lands theroiu described. fi8 [No. 12.] Judge's Indemnity. [22 Vict.] A. D. 1858. Repealed by No U2. No. 12. (133) Proclamatiou having the force of Law, &c. {2ith December, 1858.] WHEREAS by an Act of Parliament made and passed in the Session of Parliament held in the 2l8t and 22nd years of the reign of Her Mtyesty the Qaeen, intituled "An Act to provide for the Government of Brrfish Columbia," and by a commission under the Great Seal of the United Kingdom of Great Britain and Ireland, I, James Douglas, have been appointed Governor of the said Colony, and have been authorized by Proclamation under the Public Seal of the said Colony, to niake Laws, Institutions, and Ordinances for the peace, order, and good government of the same : And whereas Matthew Baillie flegbie has been duly appointed to the office of Judge in British Columbia, and has been duly sworn in to perform the duties of such office ; and the dispatch of public business has hitherto rendered it convenient that he should reside in Victoria, and may from time to time render it convenient that he should have his temporary residence here : And whereas doubts may arise as to the legal validity of any acts done by the said Matthew Baillie Begbie, while resident out of British Columbia : Now, therefore, I, Jiimes Douglas, Governor of British Columbia, do, by virtue of the aforesaid power in and by the said Act of Par- liament and commission conferred on me, and in pursuance thereof hereby ordain and enact that it shall and may be lawful for the said Matthew BaiUie Begbie, while residing in Victoria, to make and publish, and from time to time to alter or discharge any gene- ral rules or orders of Court, and in particular to make or discharge rules and orders of Court relating to the fees, poundage, and per- quisites to be taken on all of any legal process relating to suits in British Columbia, and relating to the application thereof; and also to issue any writ returnable in British Columbia ; and also to make and to hear orders on any application for granting or discharging any writ of injunction or ne exeat; and also to perform any other judicial act whereto he shall be from time to time specially com- missioned by me, by a commission under the Public Seal of the Colony (but no other judicial act), in the same manner as if the said Matthew B. Begbie were at the time of mijcing or issuing such order or performing such judicial act, resident in British Columbia aforesaid ; and every such writ, order, or act shall have the same force, effect, and consequences in all respects as if the said Matthew B. Begbie were, at the time of the issuing, making, or performing of the same, resident in British Columbia, and be obeyed, enforced, and carried into effect accordingly. 64 ;22 Vict.] [22 Vict.] Land, Customs, and Capital of S. C P^o. 13.] her, 1858.] ed in the jars of the povide for lion under d Ireland, id Colony, ubiic Seal aances for appointed ulj sworn of public aid reside aient that )f any acts snt out of Columbia, ct of Par- ice thereof ful for the i, to make any gene- discharge }, and per- suits in ; and alec to make scharging any other ially com- lal of the as if the uiug such Columbia the same Matthew 3rforming enforced, A. D. 1859 Mo. 18. (136) Proclamation by His Excellency James Douglas, Companion Repealed in part by of the Most Honourable Order of the Bath, Governor and Jhofiy by No*! i44. Gommander*in-Chief of British Columbia. [14 of the Court of British Columbia, in any place in the said Colony; and all such documents shall bo then read aloud in open Court; and it shall be lawful for the said Court, on the last day of the said Assi- zes or general sittings, to order all the said documents and pro- ceedings to be entered, as of record, in the said Court; and there- upon such Alien shall be admitted and deemed, while within the said Colony of British Columbia, to be thenceforth a British sub- ject to all intents and purposes whatever, and to hold, enjoy, and transmit all property, rights, and capacities, in the same manner as if born within Her Majesty's Dominions. 5. Any woman 'not a British subject previously to her marriage) married to a Brit .sh subject, whether by birth or naturalization, shall be deemed to be a British subject, naturalized as from the date of her marriage, or of her husband's naturalization, which ever event shall last happen. 6. The declarations hereinbefore referred to (the Forms whereof are set forth in the Schedule hereunto) shall be deemed to be made in accordance with the Act 5 and C, \Vm. 1, c. 62, for the abolition 58 [22 VicT.J AtiettS, [No. 14.] of unnecessary oaths; and any wilful false statement made therein shall bo deemed perjury, and shall expose every person making such false statement, or procuring the same to be made, to all the penalties of perjury; and in addition to all such penalties, it shall bo lawful for the said Court, on motion by the prosecutor, on any trial for perjury or subornation ofpoijurj', in respect of any such declaration, to declare null and void the naturalization based upon such false declaration ; and, thereupon, all such steps shall be taken as shall be thought fitting by the said Court. Provided, neverthe- less, that nothing shall att'ect the rights of any other person, derived under the person whose naturalization is so annulled, unless such other person shall have been cognizant of the perjury at the time of acquiring the right. 7. There shall be paid to the Justice of the Peace before whom such declarations and oaths as aforesaid shall be taken and sub- scribed, the sum of four shillings, and no more, for each such declaration and for such oath respectively; and by the Registrar of the said Court tor reading and recording the said certificate and documents, the sura of six shillings, and no more; and for every copy of such documents, the same amount as for an office copy of any judgment of the said Court; and all such fees shall be applied as any other fees payable to Justices and Registrars are applicable by law or custom. 8. Every Alien shall have the same capacity to take, hold, enjoy, recover, convey, and transmit title to lands and real estate of every description in this Colony, as if he were, at the time of the passing of this Act, a natural born British subject; and no person shall be disturbed in the possession or precluded from the recovery of any lauds or real estate in this Colony, by reason only that some person from or through whom he may derive his title was au Alien. 9. This Act may be referred to in all legal proceedings as Aliens' Act, 1859." 'The A. D. 1859. THE SCHEDULE BEFORE REFERRED TO. Form A. I, if iV., of , do solemnly deo'sie that I am a naturalized British subject [or British horn mhject, a» the case may he], and that I have known A. B., o{ , a Prussian subject [or as the case may be] ever since , and that the said A, B. has resided within the Colony of for a period of [three years or upwardu'], that he is a person of good character, and that th^re exists to my knowledge no reason why to the said A. B. there should not bo granted all the right and capacities of a natural 59 [No. 14.] Aliens. [22 ViOT.] A. D. 18591 ^n> British Robjeot; and I make this Bolemn doolantion oonsoientiongly — believiog tho lame to be true, and in complianoo 'with the prorisions of the Statute made and paased in the flcsaion of Parliament held in the 6th and 6th yean of the reign (^ the lato King William IV., intituled "An Aot for the abolition of anneoeaaary oatha." (Signed) M. AT. Deelared and Bubaoribed by tho said M. N., before mo, in punnanoe of an Aot of the Imperial Parliament of tho United Kingdom, 6 ond 6, William IV., e. 62, and of tho Proclamation of the 14th ^day of May, 1859. And I hereby certify [that, to tho boat of my knowlodgo and belief, the mid A. B, has complied with the roquiaito formalitioH npeoi- fied in auoh Proclamation, entitling him to bo naturalized as a ii/itish subject, and I know of no reason why he should not bo so naturalized. (Signed) J. P. for British Columbia, residing at doy of , 185 . J. P., thic |i| Form B. I, A. -B., do solemnly declare that I have resided three years in this Cl lony [or tn thit Colony and the (idjacent Colony of Vancouver Island, as the case may be'], with intent to settle in this Colony, and without having been during that time a stated resident in any foreign country. And I make this solemn declaration conscientiously believing the same to be true, and in eoniplianoo with the provisions of the Statute made and passed in tho Session of Parliament held in the 5th and 6th years of the reign of the late King William IV., intituled " An Aot for the abolition of auneeessary oaths." (Signed) A. B. Declared and subscribed before mo, in pursuance of an Act of tho Impe- rial Parliament of tho United Kingdom, 5 and 6, William IV., o. 62, and of the Proclamation of the 14th day of May, 1859. And I hereby certify that, to tho best of my knowledge and belief, the said A. B. has complied wHh tho requisite formalities specified in such Proclamation, entitling him to be naturalized as a British subject, and I know of no reason why he should not be so naturalized. (Signed) J. P. for British Columbia, residing at day of , 185 . J. P., this FOHM C. Oath of Allegiance. I, A. B., do swear that I will be faithful and bear true allegiance to Her Majesty Victoria, of the L^nitod Kingdom of Great Britain and IreUnd, and of the Dependencies and Colonics thereof in Europe, Asia, Africa, America, ;22 ViOT.] soientionsly ions of the )th and 6tb lot for the mnanoe of m, 6 and 6, Bjr of May, iwlodgo and ities Hpeoi- D8 a iihtish aturalizod. E [28 ViOT.] Land. [No. 16.] this Cl ioDj , as the caiG leen during tbi.s solemn complionoo 'Parliament illiam IV., r the Impe- IV., c. 62, id I hereby 1 A. B. has Dclamation, ^now of no CO to Her iland, and America, and Anstralasia, Qaoen, and that T irill defend Her to the utmost of my power againat all oonspiraoiea and attempts wbatovor, which shall be made against Her Person, Grown, or Dignity; and I will do my utmost endeavour to disoloHO and make known to Her Majesty, Her Hein and Snooessora, all treasons and traitorous oonapiraeies which may bo f> rmcd against Her or them. And I do faithfVilly promise to maintain, support, and defend, to the utmost of my power, the succession of the Crown, which sucoession, by an Aot intituled " An Act for the Airther limitation of the Crown, and better securing the rights and liberties of the subject," is and stands limited to the Princess Sophia, Eleotress of Hanover, and the heirs of Her body, being Protestanta, hereby renouncing and abjuring any obedience or allegiance unto any other person claiming or protending right to the Grown of the said Realm, and its Dependencies and Colonies as aforesaid; and I do declare that no Foreign Prince, Person, Prelate, State, or Potentate hath or ought to have any jurisdiction, power, superiority,- pre-eminence, or authority ecclesiastical or spiritual, within the same or any other part thereof. And I make thu declaration upon the true faith of a Christian. So help me God. (Signed) A. B. Swore and subscribed by the said A. B., before me, this day of , 185 . And J 'I'sreby certify that to the best of my knowledge and belief, the said A. B. has complied witb the requisite formalities specified in the Proclamation of tho 14th day of May, 1869, entitling him to be naturalized as a British subject, and I know of no reason why he should not be so natiiralized. (Signed) J. P., Justice of the Peace for British Columbia, residing at j this day of 186 A. D. 1859. A. D 1860. No. 16. (161) Proclamation by His Kxcellency James Douglas, CJompanion of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of Her Majesty's Colony of British Repealed by ^ ^^ Columbia and its Dependencies, Vice-Admiral of the same, &o., &c. [4nd purchased shall be executed in favour of the purchaser, re- <|2 lUWMIHUiHRIRHI [23 ViCT.j the survey 18 whereby d by pre- m certain al land in Columbia, i enact: — )ject8 and ajesty and I and un- the site of lilable for ee simple) of land of oreof and idred and it thereto, or record- ular form, two-thirds t possible claim hia Fy the plot ts, and by 3 said one noticeable the land ►resaid, or aeut here- le or they I from the ie land so ed by the m of ten laid shall, ssing to a cate from ovemcntB ICO of the baser, ro- [23 Vict.] Land, [No. 15.J serving the precious miuerals with a right to enter and work the same in favour of the Crown, its assignees and Licenseefl. 6. Priority of title shall be obtained by the person first in occu- pation, who shall first record bis claim in manner aforesaid. Y. Any person aAithorized to acquire land under the provisions of this Proclamation, may purchase in addition to the land pre- empted in manner aforesaid, any number of acres not otherwiae appropriated, at such rates as may bo fixed by the Qovemment, at the time when such land shall come to be tmrvoyed, not to exceed ten shillings per acre; five .shillings to be paid down, and tho residue at the time of the survey. 8. In the event of tho Crown, its assigns or licensees, availing itself or themselves of the reservation montioned in Clause 5, a rea- sonable compensation for the wants and damagf^ done shall be paid by the person entering and working, to tho person whose land shall be wasted or daraa^;ed as aforesaid, and in case of dispute the same shall bo settled by ii jury of six men to be summoned by tho near- est Magistrate. 9. Whenever any person shall pernxanently cease to ocouiiy land, pre-empted as aforesaid, the Magistrate resident neare^ot to the land in question, may in a summary way, on being satisfied of such per- manent cessation, cancel tho claim of the person so permanently ceasing to occupy the same, and record tho claim thereto of any other person satisfying the requisition aforesaid. 10. The decision of tho Magistrate may be appealed by either party to the decision of the Judge of the Supremo Court of Civil Justice of British Columbia. 11. Any person desirous of appealing in manner aforesaid, may be required, before Kuch appeal be hoard, to find suoh security as may be hereafter pointed out by the rules and orders hereinafter directed to be published. 12. The proceedure before tho Magistrate and Judge, respectively, shall be according to such ruUvi and ovdors aa shail bo published by such Judge, with the appiobatiou of the Governor for tho time being of British Columbia. 18. Whenever a person in oocupntioii at tho^tirae of record afore- said, shall have recorded as afor<\%aid, and he, his heirs or a.ssigus, shall have continued in permanent occupfttiou of laud pre-empted, or of land purchased as aforesaid, he or thoy may, davo tia herein- after montioned, bring ejectment or trcspoPB against any intruder upon the land so pre-empted or purchased, to tho same extent as if he or thoy wore seised of the legal estate in possession in tho land so pre-empted or purchased. 14. Nothing herein contained shall bo couiitruod as giving a right 63 A. D. 1865 [No. 16.] l/xnd. [28 Vict.] A. D. 1S60. to any claimant to exclude free minen from searching for any of '~~' the precious minerals, or working the same upon the conditions aforesaid. 15. The Ooyemment shall, notwithstanding any claim, record, or conveyance aforesaid, be entitled to enter and take such portion of the land pre-empted or purchased as may be required fbr roads or other public purposes. 16. Water privileges, and the right of canying water for mining purposes, may, notwithstanding any claim recorded, purchase or conveyance aforesaid, be claimed and taken upon, under, or over the said land so pre-empted or purchased as aforesaid, by free miners requiring the same, and obtaining a grant or license from the Gold Commissioner, and paying a compensation fbr waste or damage to the person whose land may be wasted or damaged by such water privilege, or carriage of water, to be ascertained, in case ot dispute, in manner aforesaid. 17. In case any dispute shall arise between persons with regard to any land so acquired as aforesaid, any one of the parties in dif- ference may (before ejectment or action of trespass brought) refer the question in difference to the nearest Magistrate, who is hereby authorized to proceed in a summary way to restore the possession of any land in dispute to the person whom he may deem entitled to the same, and to abate all intrusions, and award and levy such costs and damages as he may think tit. A. D. 1860. RiPiALiD by No. IM. No. 16. (153) Proclamation by His Excellency James Douglas, Companion of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of Her Majesty's Colony of British Columbia and its Dependencies, Vice-Admiral of the same, &c., &c. [20 ture and seal, upon each instrument registered, the book and pages of the book in which, and the time when, it is registered, before it is returned to the party en'^Uled to the same. 28. From the time any instrument affecting real estate, acknow- ledged and certified as required by this Act, shall be delivered to a Registrar, or in case of the Registrar General to him or his Deputy Registrar, for registration, all persons shall be deemed to haxe notice of the contents and legal effect of such instrument. 24. No person, other than the actual parties thereto, shall be deemed to have notice of any instrument affecting real estate in the said Colony executed after the said 1st day of November, 1861, unless the same be acknowledged or proved and certified, and regis- tered pursuant to this Act, and every instrument hereafler made which shall not bo acknowledged or proved, certified, and regis- tered pursuant to this Act, shall be void as against any subsequent purchaser or incumbrance of the same real estate who shall have registered the instrument under which his title as purchaser or in- culubrauco arises previously ; provided always that uothiug herein 75 A. D. 186L Penalty for rerasing to olipy Bu'upccnn or to nrknowledge or temify. When not bound to ob«jr lub- posaa. Commiasion may issue to take depoii- tion. Registrar's duty on recript of iastra- ments. Registration to im- part notice. Unregistered con- v-eyaiice Ac. not to imp.irt notice to third partiea. C!r«. 90.] Zxtnd Mtffistry. [25 Vict.] A. 1^.1861. contained shall be construed to impair the power r,f the Court of — Chancery to gran relief upon bill filed charging actual fraud or conspiracy. LlMk *•., wban M- ^' Whenever any Uec or incumbrance registered as aforesaid, '*f*Rll!rf" **"**** •^®<'**"K ""y *'®'^^ estate shall be released, satisfied or discharged, it shall be the duty of the person for whom such release, satisfac- tion, or discharge moves, to give to the person in whose favour the same is made an instrument in writing acknowledging the same to have b«>en made, and such instrument shb.l be acknowledged or proved and certified as hereinbefore required. And if any person whose duty it is to give such release, satisfac- tion, or discharge, refuses or neglects for the space often days after being thereto requested by the party entitled to the same to execute and acknowledge such instrument, be shall be liable to a like penalty of twenty pounds as aforesaid, to Ix' levied in manner afore- said, and also for all actual damages occasioned by such neglect or refusal. Power not to be re- Toked nntil revoca- tioD ii r«gigt«red. Revoc.-tlon by doath insanity a«.. not to revoke unt': regig- trntion oi' an aOida- Tit. ReflitMr to r<>itl«t(>r affidavit aeeordln|;ly. OrlKlnnl Deed duljr acknowledged miiy be read io evidence. Certified copice of DeoJs tc liBvc tlio fnroc of origiiiiils in certain cuies. 26. No power of attorney when rcgisterec .4S requirt'd by this Act, shall bo deemed to bo revoked by any act of rhe grantor thereof until the instrument containing such revocation, acknow- ledged or proved and certified in the manner required by this Act, shall be delivered for registration. 27. The death, insanity, bankruptcy, or iinw.lvency of any maker of a power of attorney, or the marriage of any female maker of a power of attorney, shall not be deemed to revoke soch power of attorney as far as any real estate in any district in British Columbia is concerned, until an atUdavit of such death, insanity, bankruptcy, or marriage shall have been served tipon tiio Kegistrar General or bis Deputy, and the Registrar of each District in which such real estate is situate. 28. It shall be the duty of every Registrar or Deputy Registrar, served with such affidavit as last aforesaitl, imniediutoly to register the same in an affidavit book to be kept for that purpose, and to write on the pages of the register on which such power of attorney is registered, a note to the ettect following: "alleged to be revoked by" (doath, insanity, &c., &c.,) see registered affidavit (page affidavit book, volume ). 29. Every instrument which shall be acknowledged, or proved and certified, as in this Act prescribed, may, together with the cer- tificate of acknowledgment or proof, be read in evidence in all Courts of Law and Equity, without further f roof of execution. 80. Copies of nil iiisirumcnts, duly deposited for registration, or registered in a Rogistrnr's office, certified by the Registrar, or in ease of the Rouistrar Geners' - office, by him or the Registrar Gen- eral's Deputy, to be full, tru , .nd correct copies may, in the absence n 26 Vict.] [2fi VioT.] Ixtitd Jicffitttjft pTo. 20.] Court of fraud or aforesaid, schargcd, , satlsfac- avour the e same to edged or , satisfac- days after o execute to a like ner aforc- iieglect or i by this e grantor , acknow- this Act, ny maker Duker of a power of Columbia iikruptcy, ireDerul or such reul Iteafintrar, ;o register 46, Hiid to f attorney e revoked or proved h the cer- ice iu all ition. ;ration, or •ar, or in itrar Gen- ie absence of the original, and if produced by a party not having the control o' the ori^jpnat, be reaJ in evidence in all Courts of Law and Equity, without further proof. 81. The certificate of any Oflicer authorized to take acknowledg* ments pursuant to this Act, shall be prima facie evidence of the facts therein recited, but shall not be conclusive. 82. Each Registrar shall form and keep indices in separate volumes, in such manner as t**) afford correct and easy reference to the several records of his offiv" 88. It shall be the duty of the Registrars, upon the application of any person set forth in distinct and specilic terms in writing, to make Bcarcbos for all instruments deposited and registered in hia office, touching crafiecting the real estate specified in such application, and to furnish a certificate of every such search, stating the names of the parties to such instruments, the dates thereof, the year, month, day, hour, and minute they were deposited or registered, and the book and page where they are registered. 84. For the official services rendered by the Registrars, they are hereby authorized and empowered to charge the following fees, viz: For taking the acknowledgment or proof of any instrument which mny by law be registcied, for each signature of a party, if more tliun one, four shillings, if only one signature, eight shiUliifrs, including a certificate of acknowledgment of execu- tion in both cases. For • 'niinistering on oath, four shiliingB. For endorsing the time of depositing any instrument, and for noting the same in the re ord, and for endorsing the regis- tration thereof upon every such inBtrnni«;Ht, two shillings. For registering any instrument, fi i ever^" folio of ono liundred words and figures therein, each and ov ry ligure to count as a word, three si MlingH; tractions ofulolioto count as a folio. For m»king in tlir indices the several entries of instruments registered, required by law to be indiced, for every such instrument, two shillings and six-pence. For the U80 of the records for inspection and examination by persona desiring to inspect the same, for every such inspec- tion and examination at one time, one shilling. For making cortiHed copies of all instruments, matters, and things deposited and of record in the ollice, the same foes as for registering instruments. For every subpoena, four shillings. For every official certificate, four shillings. For registering plans, mnps, charts, surveys, diagrams, schedules, drawingH, and other writings, matters, and things not herein 77 A.l>. IMl. Certificate of AC- knowlcdgnent to bt prima fkci«evid«noa. IndicM to b* k«pt. Reglstrnr to mak« searches nnd to fur* nisb certi&catei thereof. F«ei of office. [Nd. 20.] Land Begiaby, [26 Vict.] A. D. 1861. Anthorlty to filter fees nnder certain conditions. Fees to be prepaid. Meaning of certain words, I'xpreS'tii ns, •ad termu in tiiis Act. B ;o(>pii( n<> as to OJiivuvauces made. enumerated and mentioned, and for making certified copies offucb, and for making searches, and for all other services not herein specihed to be rendered by the Registrars, such fees to be charged as may be agreed upon between them and the party requiring the performance of the sumc; and in case of difference, the fees to be determined under the direc- tion of the Judge of the Supreme Court, whose decision shall be final. For persons not connected with the office making for themselvea transcripts or extracts from the records, no charge, but the making of such transcripts and extracts to be allowed only subject to such rules as shall be established by the Registrar General as aforesaid, and which shall be suspended in the of&CQ for the information of the public. 85. It shall be lawful for the Registrar General, from time to time, as he shall see fit, with the sanction of the Supr'^^io Court of Civil Justice, to change the amount of any of the a' >. 'd fees, and to establish sucli other and reduced or additionul lue.s as mny be deemed expedient; provided, that a list of all such changes and additions shall, when made and sanctioned, be laid before the Governor within a fortnight; and, provided also, that a similar list shall be suspended in a conspicuous place in the Registrar General's office for one calendar month, at least, before the same shall come into operation, after which period it shall be lawful for the Regis- trars to charge and recover such altered fees, 86. The Registrars shall not be bound to receive or register any instrument, or furnish any copies, or make any search, or render any service connected with their offices until the fees for the same, as proscribed by law, are first paid or tendered. The Registrars sliiil! keep a strict account of all fees received in their offices, an'l shall, quarterly, pay over all such focn to the Colo- nial Treasurer, who.so receipt in writing will be a suffieient dis- charge for the same; and such fees, when so received by tlie said Treiisnrer, shall form pint of the public nionoys belonging to the Colony. 37. In the construction of this Act, the following words used therein t^hall have the following meanings, unlc.> ijiiiflsmiini irveyed Crown Lauds in British M^m, 1tttn4l0*t t 4* hereby declare, proclaim, und enact as 10 A.D 1861. \ij No. Repealed (241.) tNo. ai.j Prt-impUon CoMoUdaHtm. [26 Vict.] A. 0.1801. Repeal of former Pr<>cUni«tloas. PurchAsers since tbe 20tb June, to huld on the ordinary terms of pre-emp- tion. Britigli subjects, and aliens who shall talce the oath of allegiance, may acquire the right to hold land, and to purchase the same when surveyed, on coriain conditions. The settler shall tnter into possession and record his claim to any quantity not exceeding ICO acres. A holder of land may acquire addi- tional Innd I'ontig- nou!) to the ISO Bcrea, by paying an instalmrnt (if the purchase money. Proposing pur- chaser shrtll told and record. Description of the land, bow to be ■tated. Rectangular 8h;\pe, or lis nciirly as pos- pili.t' [iroportion of thii liues. 1. The ProolamatioQ issued by me, under the public leal of the Mid Colony, dated the 4th day of January, 1860, and the "Pre- emption Amendment Act, 1861," and the "Pre-emption Purchase Act, 1861," are hereby repealed. 2. All purchasers of unsnrveyed land in British Columbia, who shall have made their purchases subsequently to the 20th day of June, 1861, and previously to the 27th day of August, 1861, shall hold the land purchased under precisely the same terms and con- ditions of occupation and improvement as are mentioned in the said Proclamation of the 4th day of January, 1860, with regard to lands pre-empted without purchase. 8. That from and after the date hereof, British subjects and aliens who duall take the oath of allegiance to Iler Mujest}' and Her successors, may acquire the right to hold and purchase in fee simple unoccupied, and unsurvcyed, and unreserved Crown Lands in British Columbia, not being the site of an existent or propof^ed town, or auriferous land available for mining purposes, or an Indian Keservo or Settlement, under the following conditions: — 4. The person desiring to acquire any particular plot of land of the character aforesaid, shall enter into possession thereof and record his claim to any quantity not exceeding one hundred and sixty acres thereof, with the Magistrate residing nearest thereto, paying to the Huid Magistrate the sum of eight shillings for record- ing such claim. 6. Any pert^on in possession of one hundred and sixty acres of land as afore>>ai(l, may ac-qnire the right to hold and purchase any further tract of unsnrveyed and unoccupied land aforesaid, over and above the quantity of one huiulrod and sixty acres aforesaid, and contiguous tiiorcto, \\\\q\\ payment to the nearest Magistrate of the sum of two shillings and one penny per acre for the same, as and by wa} of in^tiijjr.ent of the purchase money to be ultimately paid to the Government upon the survey of the same land. 6. Any per^^on so payins: such deposit shall enter into possession and roc'ord his I'liiirn to such last mentioned tract of land, in man- ner hereinbofore prescribed. 7. The claimant nhall in all cases give the best possible descrip- tion of the land to the Magistrati3 with whom his claim is recorded, together with a rough plan thereof, and identify the plot in qiiefilion by placing at the corners of the land four posts, and by stilting in his description any otlier land murks of a noticeable character. 8. Every piece of land sought to be acquired under the provi- sions of this rioclamatiou, shall, save as licrcinaftor nionlioned, Ik; of a rcctitngnlar shape, and the shortest lino thereof shall be at least twc»-third8 the length of the longc-c, Hue. [26 Vict.] Pre-emption Consolidation. [No. 21.] in man- 9. Whore tbe land sought to bo acquired ip in the whole or in j^^ j)_ jgei. part bounded by mouutains, rocks, lakes, swamps, or the margin of a river, or by other natural bouudai'ies, then such natural boundaries may bo adopted'in* may be adopted as the boundaries of the laud sought to be acquired, cef'"'"" caie*. and in such case it shall be sufficient for the claimant to show to the satisfaction of the Magistrate that the said form contbrms as nearly as circumstances pennit to the provisions of this Proclamation. 10. If the land sought to be acquired be bounded by a claim, the Linoi of adjacent line of such claim may be adopted by the person so seeking to claims may be acquire, notwithstanding any irregularity in such line which may have been occasioned by the adoption of a natural boundary by the claimant of the adjacent claim. 11. Where a piece of land is partially or entirely enclosed between Enclosed ipacei two or more claims, the claimant may acquire such enclosed piece "o* wiTb'und'iM notwithstanding any irregularity of form, or disproportion in length, any irregularity of any of the sides. "J "'"'?••, , „„ •' Bonndaries to run as 1 2. The boundaries shall run as nearly as possible by the cardinal accoSin^t" a2 points of the compass. points of tbe com- pasa. 18. When the Government Survey shall extend to the land purchase on Burrey. claimed, the claimant who has record.ed his claim as aforesaid, or his heirs or devisees, or in the case of the grant of a certificate of improvement heroinaitcr mentioned, the assigns of such claimant shall, if he orthoy sViall have been in continuous occupation of the same land from the date of the record aforesaid, be entitled to pur- chase the land so acquired, or in respect of which such deposit shall have been paid as aforesaid, at such rate as may lor the time being be fixed by the Government of British Columbia, not exceeding the sum of four shillings and two pence per acre. 14. When the claimant, his heirs or devisees, pliall prove to the ccrtiBcate of im. nearest Magistrate by the evidence of himself and of third parties, provcmentto be is- ° *' *■. sucil when improve- that he or they has or have cuntiimed in permanent occui^ition ot ments Uave been the claim troni the date of record, and has or have made pei-manent ondsl^per mw"°' improvements thereon to the value ol lOs. per acre, the said Magis- trate shall grant to the Haid claimant, his heirs or devisees, a cer- tificate of improvement in the Form marked A in the fechedule hereto. 16. Upon the gmntotthe certificate of imjrovement aforesaid, the ^^^^^ certificate of person to whom the same Ih ipsiuhI may, Hubject to any utipaid in- improvement tiss stalments, sell, mortgage, or leaHO the laud in respect of which such holder may sell or certificate haw been issued, but no interest in any plot of land deal wiiu tUe land, acq lired in eithc-v ot ihe niothods nloreniud. Hhull, b> 'bre payment of the puroliase nioiu'v, be capaliie of jiu-fiiig to a purchaser, unless the vendor shall have obtained hucIi (.trtificate of improvement as aforesaid. pTo. 21.] Pre-emption Oonsolidation» [25 VxoT,] A. D. 1861. 16' Upon payment of tho purchase money a conveyance of the — land purchased shall bo executed iu favour of the purchaser, reserving ment ofthepurchMc the precious miuerala with a right to enter and work the same in ^oBej. favour of the Crown, its assignees and licensees. OompenMtion to 17. In the event of the Crown, its assignees or licensees, availing msy'be'takcn or itsolf or themselvcH of tho privilegos (other than the taking of land Injured in certain required for roadti) mentioned in clauses 25 and 2G, a reasonable compensation for the laud taken, wasted, or damaged shall be paid to the person whose land shall be taken, wasted, or damaged as aforesaid, and in case of dispute the same shall be settled by a jury of six men, to be summoned by the nearest Magistrate. Priority of title. 18. Priority of title shall be obtained by the person who, being in possession, shall first record his claim in manner aforesaid. Cancellation of 19. Whenever any person shall permanently cease to occupy land cewtion ^J™*"""' acquired in either of the methods aforesaid, the Magistrate resident tion. nearest to the land in question may, in a summary way, on being satisfied of such permanent cessation, cancel the claim of the person so permanently ceasing to occupy the same, and record the claim thereto of auy other person satisfying the requisitions aforesaid. Deposits and im- 20. All deposits paid in respect of such forfeited claims, and all on°canceUation^ * improvements, buildings, and erections thereon, shall, (subject to the appeal hereinafter mentioned) on such cancellation be absolutely forfeited ; and such claims, improvements, buildings, and erections shall, subject to the appeal hereinafter mentioned, be open to settle- ment by any other person. Appeal. Security on appeal. Procedure. Ejectment or tres- pass by liolder. 21. The decision of the Magistrate may be appealed by either party to the decision of the .ludgo of the Supreme Coui't of Civil Justice of British Columbia. 22. Any person desirous of appealing in manner aforesaid, may be required l)efore such appeal be heard, to find i.uch security as may l>e hereafter pointed out by the Rules or Orders hereinafter direeted to be published. 23. The procedure before th* Magirtrate and Judge respectively, shall be iu-(.-ordlng to sudi Iiule« mmI Osiers as shall, be published by such Judge with the approbaiMi utihe Governor for the time being of British Columbia. 24. Whenever a person in occupation at the time of record afore- said, shall have recorded us aforesaid, and ho, his heirs or (in the case of a ccrliticateof iinproveniciit) his assigns, shall ha\o continued in jiermanent occU|iiitioii of the saino land wince the date of such record, ho or they may, save as hereiubeibre mentioned, bring 82 25 ViOT.] !e of the reaerving same in availing g of land easonable be paid naged as by a jviry being in cupy land e resident on being ;he person the claim esaid. , and all jectto the absolutely 1 erections n to settle- by either t of Civil said, may ocurity as lereinafter pectively, published the time !ord afore- n- (in the continued :e of such ed, bring [26 VioT.]. Pre-emption Consolidation. [No. 21.] ejectment or trespass svgainst any intruder upon the same land, to _a..D. 1861. the same extent as if ho or they were seized of the legal estate in — possession in the same laud. 26.' Nothing hereiu contained shall be construed as giving a right Saving of right to to any claimant to oxclude free miners from searching for any of the "'farour onwe***'* precious minerals or working the same, upon the conditions afore- miners, said. 26. The Qovornment shall, notwithstanding any claim, record, or Power to Govern- conveyance atoresaid, be entitled to enter and take such portion of for°publlc^)u«oi«h the land acquired in either of the methods aforesaid, as may be required for roads or other public purposes. 27. Water pri\'ilege8, and the right of carrying water for mining water for mining purposes may, notwithstanding any claims recorded, be claimed and purposes may be taken upon, under, or over the said land so pre-empted or purchased as aforesaid, by free miners requiring tht same, and obtaining a grant or license from the Gold Commissioner, and paying a com- pensation tor waste or damage to the person whose land may be wasted or damaged by such water privilege or carnage of water, to be ascei'tained in case of dispute in manner aforesaid. 28. If any person, being already registered as a claimant, register if new claim uken a claim to any other land not being contiguous thereto, the laud so "p *••• "'* '''•'«° •• iJteviously claimed shall, ipso facto, be forfeited, and shall, with all improvements made thereon, be open to settlement by any other person. 29. In case any dispute shall arise between persons with regard Arbitrament of to any land so acquired as aforesaid, any one of the parties indiffer- ence may, before ejectment or action of trespass brought, refer the question in difference to tlio nearest Magistrate, who is hereby authorized to proceed in a summary way to restore the possession of any laud in dispute to the person whom he shall deem entitled to the same, and to abate all intrusions, and award and levy such costs and damages as he may think fit. 30. This Proclamation may be cited as the " Pre-emption Con- siiort Title, solidation Act, 1861." SCHEDULIJ A. I hereby certify that has satisfied me by evidence of (naming the witnesseB, and detailing any other evidence upon which the Magistrate has come to his judgment) that of has made improvements to the extent of lOs. an acre on acres of laud, situated at Signed, this day of 88 [No. 22.] Lasnd Registry ExUnai»n, [27 VioT.] A. D. 1864. RipiALio by 143. Preambl*. Notarial certificate shall be sufficient acknowledgment. No. 22. (208) An Ordinance to increase the facilities for Registering docu- ments relating to Real Property. [4/A May, 1864.] WHEREAS it is expedient to facilitate the registratioD of titles to real property in this Colony : Be it therefore enacted by the Governor of British Columbia, by and with the advice and consent of the Legislative Council thereof^ as follows: — 1. From the passing of this Ordinance, it shall be lawfhl for the Rogistrar-General or District Registrars to register any deed or instrument relating to real property in the Colony of British Colum- bia, made without the limits thereof, the due execution of which is acknowledged and proved by the certificate thereof by a .N otary Public, in the manner usual for noting foreign deeds or documents of title. Every such proof of execution, when accepted by the Registrar- General or District Registrar, shall have the force of an acknow- ledgment under the "British Coltmibia Land Registry Act, 1861." 2. And whereas it is of pubhc importance that Crown Grants, the root of titles to land in the Colony, should be registered for the protection of persons afterwards acquiring or disposing of the land included in such grants ; be it enacted that all Crown Grants issued after the date of thiu Ordinance shall, previous to such issue, be registered in books in the Registry Office, and such registration may be partly in print and partly in writing, and no objection shall be taken to any such registration by reason thereof. Fees on registration. ^' There shall be demandable by and paid to the Re^strar- General, upon the registration of every such Crown Grant the uniform fee of five shillings, for the use of Her Miyesty, Her heirs and successors, as revenue. Grown Grants to be registered before iune. How read. Short Titles 4. This Ordinance Bhall be read with the "British Columbia Land Registry Act, 1861." 6. This Ordinance may be cited as the <* British Columbia Land Registry Extension Ordinance, 1864." MM^^^iteMM^dM 84 [S8 Vx«.] Land, [No. as.] No. 23. (241) An Ordinance for regulating the acquisition of land in Britiah A. D. 1885. Columbia. R.^iALiTby 144. [IKA April, 1866.] TITHEREAS it is expedient to amend and con8oUdate the laws Preamble. ** affecting lands in British Columbia, and for that purpose to repeal, alter, and re-enact certain portions of the existing laws affecting the same : Be it enacted by the Governor of British Columbia, by and with the advice and consent of the Legislative Council thereoij as fol- lows : — 1. The Proclamation passed on the 14th February, 1859, except Repeaii certain Acts the portion thereof after clause 9, which refers to the capital of British Columbia, the «« Mining District Act, 1863," and the "Pre- emption Consolidation Act, 1861," are hereby repealed. 2. Such repeal shall not be construed to prejudice or affect any Saving of exiiting rights actually existing to or in respect of any land in this Colony '''k*"^- at the date of this Ordinance, or to revive any provisions of any Acts or Proclamations heretofore repealed. 8. All the lands in British Columbia, and all the mines and min- crown landi. erals therein, not otherwise lawfully appropriated, belong to the Crown in fee. 4. The upset price of surveyed lands, not being reserved for the ppget price of land sites of towns or the suburbs thereof, and not being reputed to be **• ^'^- p*' acre, mineral lands, shall be four shillings and two pence per acre. 5. The Governor shall at any time, and for such purposes as he Regerves. may deem advisable, reserve any lands that may not have been either sold or legally pre-empted. 6. Except as aforesaid, all the land in British Columbia will be ^„ ,^^j ^^ ^^ ^^^^^ exposed in lots for sale, by public competition, at the upset price ed for sale at public above mentioned, after the same shall have been surveyed and made ready for sale. Due notice shall be given of all such sales; notice at the same time shall be given of the upset price and terms of payment when they vary from those above stated, and also of the rights specially reserved (if any) for public convenience. 7. All lands which shall remain unsold at »ny such auction may ^^^j unsold at auc- bo sold by private contract at the upset price and on the terms and ''»" """y ^"> P'""- conditions herein mentioned, on application to the Chief Commis- gaie. 86 [No. 28.] Xjond. [28 ViOT.l A. D. 1866. Bioner of Lands and "Works and Surveyor-General, or other person — for the time being duly authorized in writing by the Governor in that behalf. SftTM pnblie rigbte. 8. Unless otherwise specially notified at the time of sale, all Crown Lands sold shall be subject to such public lights of way ns may at any time after such sale be specified by the Ciiief Commis- sioner of Lands and Surveyor-General, and to such private rights of way, and of leading or using water for animals, and for mining and engineering purposes, an may at the time of such sale be existing. OonTcyance to in- 9. Unless otherwise specially announced at the time of sale, the elude •"''y"jJ^°K conveyance of the land shall include all trees and all mines and minerals within and under the same (except mines of gold and silver.) Aliens. Alieni m*j not pre- 10. Aliens who have not taken the oath of allegiance may not *"*'**• pre-empt, but may purchase any pre-empted or other lands lawfully open to sale. Alieni now holding 11. Provided that it shall be lawful for the Governor, by any firmed ?n possesaion writing under his hand, to confirm aliens nt present in possession of thereof. lands which are either pre-empted or purchased by tliem, and for which they hold the necessary certificate of improvement. Who may pre-empt land, Permiision to be obtained from Ma- gistrate of District. Pre-emption. 12. From and after the date hereof, British subjects, and aliens who shall take the oath of allegiance to Ilcr Majesty, Her heirs and successors, may acquire the right to pre-empt and hold in fee simple unoccupied and unsurveyed and unreserved Crown Lands, not being the site of an existent or proposed town, or auriferous land available for gold or silver mining purposes, or an Indian reserve or settle- ment, under the following conditions : 13. The person desiring to acquire any particular plot of land of the character aforesaid, shall, before entering into possession thereof, obtain from the Stipendiary Magistrate of the District permission in writing to enter on and pre-empt certain lands, to be specified in writing by the applicant. Rules to be observed ^'^' ^ ^^^ Magistrate see no objection thereto, the person so in pre-empting land wishing to pre-empt shall, within seven days after such permission, acres?*'** "** enter into possession of such land Ijy placing at the corners of the land four posts marked with his name or some other distinguishing name, and shall apply in writing to record his claim, to any quantity not exceeding 160 acres thereof, with the Stipendiary Magistrate of the district, paying to the said Magistrate the fees hereinafter mentioned. ^ 86 128 VioT.') [er person pernor in sale, all \t way as Commis- rights of [ining and existing. sale, the lues and gold and may not Is lawfully r, by any iBsossion of in, and for and aliens ' heirs anBencc from his claim, without forfeiting the same, for such ])eriod not exceeding six months as the Magistrate of the district may in his discretion decide, for the purpose of procuring tools, seeds, and other neces- saries. 16. If the land has been previously recorded, the Magistrate, upon receipt of a fee of four shillings and two pence, shall make an entry in his books of the date, name, and particulars of such appli- cation, and shall give to such applicant, who shall cause to be affixed to the door of the Court House, and some consi)icuous part of the land in question, a notice in writing, that unless within one calendar month next ensuing the date of so affixing such notice, any prior claimant (if any) to any of the same land shall shew cause to the satisfaction of such Magistrate why any of the ground then applied for should not bo recorded in the name of the said appli- cant, the said claim will be so recorded. 17. Such publication of notice shall, during such month, operate as a bar to all subsequent applications for the ground covered by such application. 18. At the expiration of such month, if such cause shall not be shewn, the Magistrate shall record the claim in the name of the said applicant, and upon receipt of a fee of four shillings and two pence, shall grant a certificate under his hand of such record to the applicant, and preserve a duplicate thereof in his oflice. 19. Such certificate shall specify the conditions under which the land included therein shall be held, and may be ])!eaded in bar to all previous claims (if any) in respect of or against any of the said land. • 20. Any person in possession nf 160 acres of land as aforesaid, may acquire the right to pre-empt and hold any further tract of unsurveyed and unoccupied land contiguous thereto, iiot exceeding 480 acres (and no more, cither directly or indirectly, save with the express sanction in writing of the Governor in that behalf) over and above the quantity of 160 acres aforesaid, upon the payment to the Stipendiary Magistrate of the district of the sum ot two shillings and one penny per acre for the same, as by way of instalment of the piu^cbase money to bo ultimately paid to the Government, after the survey of the same land. 21. If such land shall not have been previously recorded, any person so payiug such deposit shall forthwith enter into possession, 87 A. D. 1866, Record f«e. Record, Record certlficnte. Leave of nbaence. Rules ['or Innd pre- viouBljr pre-emptad. Notice to be given of aubiiequont record. Notice a bar to other applicationi. Land may be re- recorded at the ez- pirntiou of a month. Certificate of inch record bars prior claim. Over 160 acres how to be pre-empted. Rules to be obserTcd in this case. f IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ■r IM 2.5 2.2 12.0 1.8 1-25 1.4 1.6 • == ^^ ^ 6" ► Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 MP ^ ^ ^iV (Vd. as.j Lcttidt [28 Vidt.] [28 A. D. 1865. General rales to be observed in pre- empting. and if previously recorded, after one month's notice as aforesaid, and, cause to tlie contrary not shewn, record his claim to such last mentioned tract of land and enter into possession in manner herein- before prescribed. 22. The claimant or applicant shall in all cases make his applica- tion in writing, and give the best possible written description of the land, to the Stipendiary Magistrate of the district to whom he applies to record his claim, together with a proper plan thereof, and identify the plot in question by pointing out the position of the said posts, and by stating in his description any other land-marks of a noticeable character; and all such plans and descriptions shall be in duplicate. Rectangular shape, 28. Every piece of land sought to be acquired under the pro- sfbu proportfon^of " visious of this Ordinance shall, save as hereinafter mentioned, be of the lines. a rectangular shape, and the shortest line thereof shall be at least two-thirds the length of the longest line. Nataral boundaries may be adopted in certain cases. Lines of adjacent claims may be adopted. Enclosed spaces may be adopted, notwithstanding any irregularity of shape. Boundaries to run as nearly as possible according to the points of the com- pass. When pre-empted land may be pur- chased. 24. Where the land sought to be acquired is in whole or in part bounded by mountains, rocks, lakes, swamps, or the margin of a river, or by other natural boundaries, then such natural boundaries may be adopted as the boundaries of the land sought to bo acquired, and in such case it shall be sufficient for the claimant to show to the satisfaction of the Stipendiary Magistrate of the district that the said form conforms as nearly as circumstances permit to the pro- visions of this Ordinance. 25. If the land sought to be acquired be bounded by land already pre-empted or surveyed, the line of such land may be adopted by the person so seeking to acquire, notwithstanding any irregularity in such line which may have been occasioned by the adoption of a natural boundary by the claimant of the adjacent land. 26. Where a piece of land is partially or entirely enclosed be- tween two or more claims, the claimant may acquire such enclosed piece notwithstanding any irregularity of form, or disproportion in length, of any of the sides. 27. The boundaries shall run as nearly a» possible by the cardinal points of the compass. 28. When the Government shall survey the land claimed, the claimant who has recorded his claim as aforesaid, or his heir.s or devisees, or in the case of the grant of a certificate of improvement hereinafter mentioned, the assigns of such claimant shall, if he or they shall have been in continuous occupation of the same land from the date of the record aforesaid, be entitled to purchise the land so acquired, or in respect of which such deposit shall have been 88 [28 Vire-emntion claim unless he shall shew, to the satisfaction of the '" "ppb'n? for>^ i i ' (., town grniit. Magistrate of the district, that before applying for such grant he has caused a written or printed notice of his intention to app'y for snch grant to be posted in some conspicuous part of his own and the adjacent pre-emption claims (if any), and on the Court House of the district, without any valid opposition to his claim being substantiated. , 34. Priority of title shall be obtained by the person who, being Priority of title. in possession, shall first apply and record his claim in manner aforesaid. 36. Whenever any person shall permanently cease to occupy land cuncoiiation of acquired in either of tlie methods aforesaid, tlie Stipendiary Magis- ^'"'B' »" permnncnt „ , ,. . . 1 . . ,. T^ - cessation of oceupa* trate of the district may, in a summary way, on being satisfied of tion. .89 wr [K o. 28.3 Land. [28 Viw.] ■ i A. J). 1865. Depositi and im- provements forreited oa cancellation. Uagistrate's deci- lion appealable. Stcurlty on appeal. Ejectment or tres- pass by holder. SaTes minen' righti. Power to Oovern- nient to re-tnke land tor public piirpo8P3. such permanent cessation, cancel the claim of the person so perma- nently ceasing to occupy the same, and record the claim thereto of any other person satisfying the requisitions aforesaid. 86. All deposits paid in respect of such forfeited claims, . and all improvements, buildings and erections thereon, shall (subject to the appeal hereinafter mentioned), on such cancellation, be absolutely forfeited; and such claims, improvements, buildings and erections shall, subject to the appeal hereinafter mentioned, be open to settle* ment by any other person. 37. The decision of the Magistrate may be appealed by either party to the decision of the Supreme Court of Civil Justice of British Columbia. 88. Any person desirous of appealing in manner aforesaid, may be required, before such appeal be heard, to find such security as may be pointed out by the Magisti'ate whose decision is appealed against; but such appeal shall be made withiu one calendar month after the decision complained of, and after security to the satisfac- tion of the Magistrate shall have been given for the due prosecution of such appeal and submission thereto. 89. Whenever a pereon shall have duly recorded as aforesaid, and he, his heirs or (in case of a certificate of improvement) his assignees shall have continued in permanent occupation of the same land since the date of such record, save for the two months hereinbefore men- tioned, he or they may (save where herein otherwise mentioned) bring ejectment or trespass against any intruder upon the same land to the same extent as if he or they were seized of the legal estate in possession in the same land. 40. Nothing herein contained shall be construed as giving a right to any claimant to exclude free miners from searching for any of the precious minerals or working the same, but in case of any entry being made upon lands held as aforesaid, full compensation shall be made, or adequate security therefor be given, to the satisfiiction of the Stipendiary Magistrate of the district, prior to such entry, to the occupant for any loss or damage he may sustain by reason of any such entry; such compensation to be determined by the Stipen- diary MagiBtrate or Gold Commissioner of the district, with or with- out a jury of not less than five, in the discretion of such Magistrate or Commissioner. 41. The Government shall, notwithstanding any claim, record, or conveyance aforesaid, be entitled to enter and take such portion of the land acquired in either of the methods aforesaid, as may be required for roads, bridges, and ferries, without compensation, or for other public purposes' on paying reasonable compensation for the same. 80 i BVi [28 VioT.] Land, [No. 23.] 42. No person shall be entitled to hold at the same time two claims by pre-emption, and any peraon so pre-empting more than one claim shall forfeit all right, title, and interest to the prior claim so recorded by him. 43. In case any dispute shall arise between persons with regard to any land so acquired as aforesaid, any one of the parties in dift'er- ence may, before ejectment or action of trespass brought, refer the question in difference to the Magi8ti'a;e of the district, who is hereby authorized to proceed in a summary way to restore the possession of any land in dispute to the person whom he shall deem entitled to the same, and to abate all intrusions, and award and levy such costs and damages as he shall deem fit. Water. 44. Every person lawfully ocbupying and bona fide cultivating lands may divert any unoccupied water from the natural channel of any stream, lake or river adjacent to or passing through such land for agricultural and other purposes, upon obtaining the written authority of the Stipendiary Magistrate of the district for the pui-- pose, and recording the same with him, after due notice as herein- after mentioned, specifying the name of the applicant, the quantity sought to be diverted, the place of diversion, the object thereof, and all such other particulars as such Magistrate may require. 45. Previous to such authority being given, the applicant shall post up in a conspicuous place on each person's land through which it is proposed that the water should pass, and on the district Court house, notices in writing stating his intentions to enter such land and through and over the same to take and carry such water, speci- tying all particulars relating thereto, including direction, quantity, purpose, and term. 46. Priority of right to any such water privilege, in viase of dispute, shall depend upon priority of record. 47. The right of entry on and through the lands of others for carrying water for any lawful purpose, upon, over, or under the said land, may be claimed and taken by any person lawfully occupying and bona fide cultivating as aforesaid, and (previous to entry) upon paying or securing payment of compensation as aforesaid for the waste or damage so occasioned, to the person whose land may be wasted or damaged by such entry or carrying of water. •48. In case of dispute, such compensation or any other question connected with such water privilege, entry, or carrying, may be ascertained by the Stipendiary Magistrate of the district in a sum- mary manner, at the option of either of the contending parties either with or without a jury of five men, to be summoned as in ordinary cases. 01 A. D. 1865. One claim only can be pre-empted. Disputes, bow ar- ranged. Rulei for diverting water. Notice to be given. Priority of right. Right of entry on land. Disputes settled with or without jury. [Nd. S3.] Land. [28 Viot.l A. D. 1865. Non-attendant jurors may be fined, Water for mining purposes may be taken. 49. It shall be lawfal for such Magistrate, by an order under his hand directed to the Sheriff or Deputy Sheriff, to summon a jury for such purpose, and in the event of non-attendance of any persons so summoned he shall have power to impose a fine not exceeding five pounds. 50. Water privileges for mining or other purposes not otherwise lawfully appropriated may be claimed, and the said water may be taken upon, under, or over any land so pre-empted or purchased as aforesaid, by obtaining a grant or licence from the Stipendiary Magistrate of the district, and previous to taking the same paying reasonable compensation for waste or damage to the person whose land may be wasted or damaged by such water privilege or carriage of water. Leases. Land leased. 51. Leases of any ejrtent of unoccupied and unsurveyed land may be granted for pastoral purposes, by the Governor or any officer duly authorized by him in that behalf, to any person or persons whom- soever being boiia fide pre-emptors or purchasers of land, at such rent as such Governor or oflicer shall deem expedient. But every such lease of pastoral lands shall, among other things, contain a con- May be pre-empted ^i^'O" making such land liable to pre-emption, reserve, and purchase ^ by any persons whomsoever, at any time during the term thereof, without compensation, save by a proportionate deduction of rent; and to a further condition that the lessee shall, within six months stock the property demised in such proportion of animals to the one hundred acres as shall be specified by the Stipendiary Magistrate in that behalf. &c And must be stocked. Leases for timber cutting, &c. Ejectmen;. 52: Any person who shall have obtained such lease as aforesaid may bring ejectment or trespass against any intruder upon the same land, to the same extent as if he or they were seized of the legal estate in fee. 53. Leases of any extent of unoccupied Crown lands may be granted by the Governor, to any person, persons, or corporation duly authorized in that behalf; for the purpose of cutting spare, timber, or lumber, and actually engaged in those pursuits, subject to such rent, terms, and provisions as shall seem expedient to the Governor. To be in writing. ^4. The application for any such lease must be in writing, and if passing through a Magistrate, in duplicate, for transmission to the Governor, who alone shall decide on any such lease. Free Grants. Freo grants. ^5' I* shall be lawful for the Governor, upon receiving the assent of Her Majesty's Government thereto, and the publication thereof in the Government Gazette, to make such free or partially tree 0S ri [29 ViOT.] Pre-emption. [No. 24.] grants of the unoccupied Crown lands of the Colony, for the en- ^_ j) jges. couragement of immigration, with and under such provisions, re- strictions, and privileges, as to the Governor in his discretion may seem most advisable for the encourageraeut and permanent settle- ment of immigrants. 56. Nothing in this Ordinance contained shall be construed so as Saves minors' rights to interfere prejudicially with the rights granted to free n'.uers 8«°«'"'»i'i'- under the '"Gold Mining Ordinance, 1865." « 67. The Schedule hereto shall form part of this Ordinance. schedule. 68. This Ordinance shall be cited as the "Land Ordinance, 1865." short title. SCHEDULE. Ckrtificate of Improvement. I hereby certiiy that has satisfied me by evidence of (naming the witnesses and detailing tho same and any other evidence upon which the Magistrate has come to his judgment) that of • has made improvements to tho extent of ten shiUings an acre on acres of land, situated at Signed, this (^ay of No. 24. (255) An Oi-dinance further to define the law regulating the acqui- ^ p. iHge. sition of Land in British Columbia. nspEAt^y [Slst March, 1866.] No. 144. WHEREAS it is expedient to provide for the adjustment of preftmblc. boundaries and other matters relating to the acquisition of land : Be it enacted by the GdVernor of British Columbia, by and with the advice and consent of the Legislative Council thereof, as follows: 1. The right conferred under Clause 12 of the " Land Ordinance, ^^^,„,^,^^[es and ab- 1865," on British subjects, or aliens who shall take the oath of onginjs^cnnnot allegiance, of pre-empting and holding in fee simple unoccupied, and unaurveyed, and unreserved crown lands in British Columbia, shall not (without the special permission thereto of the Governor first had in writing) extend to or be deemed to have been conferred on 98 p ! m [No, 24.] Pre-emption. [29 Vict.] A. D. 1866. companies whether chartered, incorporated, or otherwise, or without — the permission aforesaid, to or on any of the Aborigines of this Colony or the Territories neighbouring thereto. Enabling pre-empt- 2. It shall be lawful for the Chief Commissioner of Lands and lands to'be surveyed Works and Surveyor-General in carrying out any Government of shape not in ex- survey, whenever in his opinion the circumstances of the case may act conformity to . -i. x x- i • i_ i i -i i ■, the requirements of require it, to survey pre-emption claims or purchased lands recorded n«nce^i86s^'^' previous to the date of this enactment, by metes and bounds not strictly in accordance with the requirements in these respects of the "Land Ordinance, 1866." Every such survey certified by the said Chief Commissioner of Lands and "Works and Surveyor-General shall be binding and final to all intents and purposes upon all persons whomsoever, and shall be evidence in all Courts of Law in the Colony of the matters and things therein contained, and of the compliance of the particular claim or tract of land therein mentioned with the requirements of the survey clauses of the "Land Ordinance 18ti5," as to courses and lengths of boundaries and general shape of said claim or tract of land. Stipendiary Magis- 8. In the interpretation of the " Land Ordinance, 1866," the MVuormUsion^tof^o''*^«"^*^P«»^ia^^^ shall be deemed to mean Stipen- Lands and Worlcs. diary Magistrate acting as Assistant Commissioner of Lands and "Works. Saring prerogative rights. Short title. 4. Nothing herein contained shall be construed to aftt ?♦ the pre- rogative rights of Her Majesty, Her heirs and successor.' over the crown lands of the Colony. 6. This Ordinance may be cited as the " Pre-emption Ordinance, 1866." '.*'i 04 REPEALED LAWS, USEFUL FOR REFERENCE, OP THE UNITED COLONIES OF VANCOUVER ISLAND AND BRITISH COLUMBIA. No. 25. (303) An Ordinance to confirm certain Titles to Real Property in a. D. 1868. Vancouver Island. ,_. _ R.PEAL^y lei. [1st may, 1868. J WHEREAS doubts have been entertained whether the convey- preamble, ances of Real Estate in that portion of the United Colony formerly known as the Colony of Vancouver Island and its Depen- dencies, executed on or before the 19th day of December, A. D. 1860, on behalf of " The Governor and Company of Adventurers of England trading into Hudson's Bay," under and by virtue of letters or powers of attorney under the seal of the said Governor and Company, have in fact conveyed the legal estate to the grantees thereunder, and it is expedient to remove such doubts : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:— 1 That all conveyances, grants, and other assurances made on or confirms titles before the 19th day of December, A. D. 1860, on behalf of "The f5»,°'«tcVmber: Governor and Company of Adveuturer.s of England, trading mto iseo. Hudson's Bay," by .James Douglas uud John Work, and by Alex- ander Grant Dallas, and John Work, and Dougal MacTavish, and William Fraser Tolmie, and Roderick Finlayson, or by either or one of them, and relating to hereditaments situated within that 95 [82 VioT.] Pre-emption Payment, I No. 26.] A. D. 1868. portion of the United Colony tbrmorly known as the Colony of — Vancouver Island and Dependencies, shall be deemed and takei to have conveyed to the grantee or gmnteea therein naraed, the legal estate of the hereditaments thereby purported to have been con- veyed, and no objection shall be taken or allowed to any conveyance, grant, or assurance, purporting to be made as aforesaid, under any letters or powers of attorney duly executed under the seal of the said Company. Short title. 2. This Ordinance may be cited as the " Hudson Bay Titles Confirmatory Ordinance, 1868." A. D. 1869. RiPEALBD by 144. Preamble, Defines time for pnymcnt of piir- I'littse iiiuaey. Short title. No. ae (321) An Ordinance respecting Pre-emption Claims. llOth March, 1869.] WHEREAS it is expedient to declarQ the law as to the payment of the purchase money that may be due and payable for land taken up by Settlers as pre-emption and pre-emption purchase claims in that part of the Colony heretofore known as the Colony of British Columbia and its Dependencies, under the " Land Ordinance, 1865," or any other pre-emption laws affecting that portion of the Colony : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. The purchase money for pre-emption claims, and the balance of purchase money upon pre-emption purchase claims, held under any of the laws heretofore or for the time being regulating the acquisition and tenure of pre-emption claims in that part of the Colony formerly known as the Colony of British Columbia and its Dependencies, shall be, and be deenied to have been, and to be due and payable to Her Majesty, Her heirs and successors, as part of the general revenue of the Colony, as and from the date of the service of an application signed by the Chief Commissioner of Lands and Works and Surveyor-General, upon the person or persons to be atfected thereby, and notifying the completion ot the Government survey of the land specified in such application, and calling upon such person or persons for the payment of the amount for the time being due and payable as aforesaid in respect of such land. 2. This Ordinance may be cited for all i)urposes as the emption l^ayment Ordinance, 1869." 96 Pre- IMPERIAL STATUTES, ORDERS IN COUNCIL, PROCLAMATIONS, &o., &o., &o., USEFUL FOE REFEEENCE. No. 27. Proclamation by His Excellency Anthony Musgrave, Esquire, Governor and Commdnder-in-Chief in and over the Colony of British Columbia and its Dependencies, Vice-Admiral and Ordinary of the same, &c , &c., &c. [20th October, 1870.] WHEREAS it is provided by the 54th clause of the '«Land Ordi- nance, 1870," that the said Ordinance shall not take effect until Her Majesty's assent thereto shall have been proclaimed in the Colony : And whereas Her Most Gracious Majesty has been pleased to confirm and allow the said Ordinance : Now, therefore, I, Anthony Musgrave, Governor of the said Colony of British Columbia, do hereby proclaim Her Majesty's con- firmation and allowance of the said "Land Ordinance, 1870." A. D. 1870. No. 28. Proclamation by His Excellency Anthony Musgrave, Esquire, Companion of the Most Distinguished Order of St. Michael and St. George, Governor and Commander-in-Chief of the Colony of British Columbia, and Vice-Admiral of the same, &c,, &c., &c. {2m June, 1871.] WHEREAS it is provided by the " Constitution Act, 1871," that the said Act shall not come into operation until it haa received 97 A. D. 1871. Hf [No. 29.] Administration of Justice. [12 & 18 Vicx.] A. D 1871. Ilor Majesty's assent, nor until Hucli asrient hart been proclaimed in — this Colony by the 'iovornor, nor until theexpirutlonofsuchtimoart the Governor shall direct after such assent has been proclaimed as aforesaid, to be fixed by the Qoveruor in such Proclaraatiou: And whereas Her Majesty has been graciously pleased to give Her assent to the said Act: And whereas I, the said Anthony Musgravo, as such Governor us aforesaid, have fixed the l!)th day of July next, to be the date when the said Act sliall come into operation and take oftect: Now, therefore, know ye that I, Anthony Musgrave, Governor of the Colony of British Columbia, do hereby proclaim the assent of Ilor Majesty to the " Constitution Act, 1871," and I do hereby proclaim and declare that the said Act shall take eftcct and come into operation in the said Colony of British Columbia on, from, and after tlie lUth day of July, in the present year of Our Lord one thousand eight hundred and seventy-one. A. D. 1849. 43 O. 3. c. 138. 1 & 2 G. 4. c 6G. No. 29. A.n Act to Provide for the Administration of Justice in Van- couver's Island, [28//1 July, 1849.] WHEREAS an Act was passed in the forty-third year of King George the Third, intituled "An Act for extending the Jurisdiction of the Courts of Justice in the Provinces of Lower and Upper Canada to the trial and punishment of persons guilty of crimes and ofl:ences within certain parts of North America adjoining to the "v\ Provinces:" And whereas by an Act passed in the second j^av of King George the Fourth, intituled "An Act for regulating the far trade, and establishing a criminal and civil juris- diction, within certain parts of North America," it was enacted, that from and after the paasing of that Act the Courts of Judicature then existing, or which might be thereafter established in the Province of Upper Canada, should liave the same civil jurisdiction, power, and authority, as well in the cognizance of suits as in the issuing process, mesne and final, and in all other respects whatso- ever, within the Indian territories and other parts of America not witliin the limits of eitlter of the Provinces of Lower or Upper Canada or of any Civil Government of the United States, as the said Courts had or were invested with within the limits of the said Provinces of Lower or Upper Canada respectively, ami tliat all and 98 J 18 Vict.] laimed in ich timo iiH claimed as ion: 2d to give Governor the duto Bct: Governor .0 assent of do hereby and come from, aud Lord Olio [12 & 18 Vict.] Administration of Justice. [No. 29.] e in Van- 'uty, 1849.] ir of King inding the Lower uiid \ guilty of I adjoining jod in the .n Act for civil juritj- s eiuictoU, Judicature od in the risdictioii, as in the ts whatrio- lerica not or Upper B8, as the f the said lat all aud every contract, ugreomont, debt, liability, and demand whatsoever, made, entered into, incurred, or arising witliiu the said Indian ter- ritories and other parts of America, and all and every wrong and injury to the person or to proi»erty, real or personal, committed or done within the same, should bo ami be deemed to bo of the same nature, and be cognizable by the same Courts, Magistrates, or Justices of tlie Peace, and bo tried in the same manner, aud subject to the same consequences in all respects, as if the same had been made, entered into, incurred, arisen, committed, or done a 'Ihin the said Province of Ui)per Canada, and in the same Act are con rained provisions for giving force, authority and effect within tlie said Indian territories and other parts of America to the jii' jss and acts of the said Courts of Upper Canada; and it was thereby also enacted, that it sho'il'^ ' o lawful for Ilis Majesty, if he should deem it con- venient so to do, to issue a commission or commissicus to any person or persons to be aud act as Justices cf tlie Peace within such part's of America as aforesaid, as well within any territories thereto- fore grr.nted to the company of adventurers of England trading to Hudson's Bay as within the Indian territories of such other parts of America as atoresaid ; and it was further enacted, that it should be lawful for His Majesty from time to time, by any Commission under the great seal, to authorize and empower any such persons so appointed Justices of the Peane as aforesaid to sit aud hold Courts of Record for tlio trial of criminal offences and misdemeanors, and also of civil causes, aud it should be lawful for His Majesty to order, direct, and authorize the appointment of proper officers to act in aid of such Courts and Justices within the jurisdiction assigned to such Courts and Justices in any sucli commission, pro- vided tbat such Courts should be constituted, as to the number of Justices to preside therein, and as to such places within the said territories of the said com})any, or any Indian territories or other parts of North America as aforesaid, and the times and manner of holding the same, as His ?daje:ity should from time to time order and direct, but should not try any offender upon any charge or indictment for any felony madb the subject of capital punishment, or for any offence or passing stuteuce ff'ecting the life of any offender, or adjudge or cause any offender to suffer capital punish- ment or transportation, or take cognizance of or try Hhy civil action or suit in which the cause of such suit or action should exceed in value the amount or sum of two hundred pounds, and in every case of any offence subjecting the person committing the same to capital punishment or transportation, the Court, or any Judge of any such Court, or any Justice or Justices of the Peace before whom any sueii ofteiulcr should be brought, should commit such offender to safe custody, and cause such offender to be sent in such custody for trial in the Court of the Province of Upper Canada: And whereas, 99 A.D. 1849. r [No. 29.J Administration of Justice. [12 & 18 Vict.] A. D. 1849. 43 O. 3. c. 138. nnd parts of 1 & 2 G. 4. c. 6<). repealed ns to Vancouver Island. for the purpose of the colonization of that part of the said Indian territories called Vancouver's Island, it is expedient that further provision should he made for the administration of justice therein : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the proclamation of this Act in Vancouver's Island, the said Act of the forty-third year of Zing George the Third, and the said recited provisions of the second year of King George the Fourth, and the provisions con- tained in such Act for giving force, authority and effect within the said Indian territories and other parts of America to the process and acts of the said Courts of Upper Canada, shall cease to have tbrce in and to be applicable to Vancouver's Island aforesaid ; and it shall be lawful for Her Majesty from time to time (and as well before as after such proclamation) to make provision for the admin- istration of justice in the said Island, and for that purpose to constitute such Court or Courts of Record and other Courts, with such jurisdiction in matters civil and criminal, and such equitable and ecclesiastical jurisdiction, subject to such limitations and restric- tions, and to appoint and remove, or provide for the appointment and removal of such Judges, Justices, and such ministerial and other officers, for the administration and execution of justice in the said Island, as Her Majesty shall think fit and direct. 2. Provided always, and be it enacted. That when and so soon as a local Legislature has been established in Vancouver's Island it shall be lawful for such Legislature, from time to time, by any law or Ordinance made in the manner and subject to the conditions which may be by law required in respect of laws or Ordinanccj made by such local Legislature, to make such alterations as to such Legislature may seem meet in the constitution or jurisdiction of the Courts which may be established in the said Island, and to make all such other provisions as to such local Legislature may seem meet for and concerning the administration of justice in the said Island. 3. Provided always, and bo it enacted, That all judgments given in any civil suit in the said Island shall be .subject to ajipeal to ller Majesty in Council, in the manner and subject to the regulations in and subject to which appeals are now brought from the Civil Courts of Canada, and to such I'lirther or other regulations a.s Her Miyesty, with the advice of Her I'rivy Council, shall trom time to time Appoint. . , , 4. And be it enacted. That all such islands adiacent to Van- Aajftcent ismnfls ' ^ ■' deemed part of Van- couvor'n Island or to the Weaturn Coast of North ^Vmerica, and couver 8 an . forming part of the dominions of Hur Majesty, as are to the south- Power to local Leg- islature to make provision for admin- istratoin of justice. Appeal to Privy Council in civil cases. I & 18 Vict.] said Indian that further tice therein: Majesty, by ad Temporal, and by the ation of this bird year of sions of the •ovisions con- within the the process lease to have bresaid; and (and as well )r the admin- t purpose to Courts, with ich equitable 18 and restric- appointment aisterial and justice in the nd so soon as r's Island it >, by any law le conditions ■ Ordinance:) us as to such liction of the and to make 3 may seem in the said uients given [ipeal to Her igulatioiis in Civil Courts ler Majesty, ine to time 3nt to Van- nierica, and ) the south- [21 & 22 Vict.] Government of British Columbia. [No. 30.] W87"d of the fifty-second degree of North latitude, shall be deemed j^ d_ i849. part of Vancouver's Island for the purposes of this Act. 6. And be it enacted. That this Act may be amended or repealed Act may be amend- by any Act to be passed in this session of Parliament, '^' *''• No. 30. An Act to provide for the Government of British Columbia. A. D. 1858. I2nd August, 1858.] WHEREAS divers of Her Majesty's Subjects and others have, by the licence and consent of Her Majesty, resorted to and settled on certain wild and unoccupied territories on the North-west Coast of North America, commonly knowi' by the designation of New Caledonia, and fi'om and after the passing of this Act to be named British Columbia, and the Islands adjacent, for mining and other purposes ; and it is desirable to make some temporary provision for the Civil Government of such territories, until permanent settle- ments shall be thereupon established, and the number of colonists increased : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parhament assembled, and by the authority of the same, as follows : — 1. British Columbia shall, for the purposes of this Act, be held Boundaries of to comprise all such territories within the dominions of Her Majesty British Columbia. as are bounded to the South by the frontier of the United States of America, to the East by the main chain of the Rocky Mountains, to the North by Simpson's River and the Finlay branch of the Peace River, and to iLe West by the Pacific Ocean, and shall include Queen Chariot. e's Island and all the other Islands adjacent to the said territories, except as hereinafter excepted. 2. It shall be lawful for Her Majesty, by any order or orders to be by Her from time to iime made, with the advice of Her Privy Council, to make, ordain and establish, and (subject to such con- ditions or restrictions as to Her shall seem meet) to authorize and empovver such ofiicer as She may from time to time appoint as Governor of British Columbia, to make provision for the adminis- tration of justice therein, and generally to make, ordain, and estabUsh all such laws, institutions, and ordinances as may be necessary for the peace, order, andgood government of Her Majesty's subjects and others therein : provided that all such Orders in Council, 101 Her Majesty by Order in Council may make or pro- Tide for the making of )aws for the Go- vernment of Her^ Majesty's subjects and others in British Columbia. [No. 30.] Government of BriHsh Columbia. [21 & 22 ViOT.") A. D. 1858. Her Majesty may establish a local Legislature in British Columbia. aiid all Laws and Ordinances so to be made as aforesaid, shall be ^aid before both Houses of Parliament as soon as conveniently may be after the making and enactment thereof respectively. 3. Provided always, that it shall be lawful for Her Majesty, so soon as She may deem it convenient, by any such Order in Council as aforesaid, to constitute or to authorize and empower such officer to constitute a Legislature to make laws for the peace, order, and good government of British Columbia, such Legislature to consist of the Governor and a Council, or Council and Assembly, to be composed of such and so many persons, and to be appointed or elected in such manner and for such periods, and subject to such regulations as to Her Majesty may seem expedient. Certain provisions 4. And whereas an Act was passed in the forty-third year of Kiiiff and 1 & 2 G. 4 c. 66 George the Third, intitutled " An Act for extending the jurisdiction as regards British of the Courts of Justice in the Provinces of Lower and Upper Canada, to the trial and punishment of persons guilty of crimes and offences within certaii] parts of North America adjoining to the said Provinces : " And whereas by an Act passed in the second year of King George the Fourth, intituled " An Act for regulating the fur trade, and establishing a Criminal and Civil Jurisdiction within certain parts of North America)" it was enacted that from and after the passing of that Act the Courts of Judicature then existing or which might be thereafter established in the Province of Upper Canada should have the same civil jurisdiction, power, and authority within the Indian territories and other parts of America, not within the limits of either of the Provinces of Lower or Upper Canada, or of any Civil Government of the United States, as the said Courts had or were invested with within the linuts of the said Provinces of Lower or Upper Canada respectively, and that every contract, agreement, debt, liability, and demand made, entered into, incurred, or arising within the said Indian territories and other parts of America, and eveiy wrong and injury to the i)er8on or to property committed or done within the same, should be and be deemed to be of the same nature, and be cognizable and be tried in the same manner, and subject to the same consequences in all respects, iis if the same had been made, entered into, incurred, arisen, committed, or done within the said Province of Upper Canada; and in the same Act are contained provisions for giving force, authority, and effect within the said Indian territories and other pai-ts of America to the process and acts of the said Courts of Upper Canada; and it was thereby also enacted, that it should be lawful for His Majesty, if lie should deem it convenient so to do, to issue a commission or com- missions to any person or persons to be and act as Justices of the Peace within such parts of America as aforesaid, as well w'thin any territories theretofore granted to the Company of Adventurers of 102 ; 22 VioT.] I, shall be ently may Majesty, so in Council luch officer order, and to consist bly, to he jpointed or ct to such ear of King jurindiction and Upper crimes and ', to the said ond year of iing the fur tiou within m and after existing or e of Upper id authority , not within Canada, or said Courts *rovinces of •y contract, 0, incurred, 3r parts of to pro])crty deemed to II the same spccts, as if committed, in the same and ett'ect rica to the ivnd it was esty, if IIo n or coni- ces of tlic W'thiii any snturors of HSHMP [21 & 22 ViOT.] Government of British Columbia. [No. 30.] England trading to Hudson's Bay, as within the Indian territories of a. D. 1858. such other parts of America as aforesaid ; and it was further enacted, that it should be lawful for His Majesty from time to time by any commission under the great seal to authorize and empower any such persons so appointed Justices of the Peace as aforesaid, to sit and hold Courts of Record for the trial of criminal offences and misde- meanors, and also of civil causes, and it should be lawful for His Majesty to order, direct, and authorize the appointment of proper officers to act : n aid of such Courts and Justices within the juris- diction assigned to such Courts and Justices in any such commission, provided that such Courts should not try any offender upon any charge or indictment for any felony made the subject of capital punishment, or for any offence or passing sentence affecting tiie life of any offender, or adjudge or cause any offender to suffer capital punish- ment or transportation, or take cognizance of or try any civil action or suit in which the cause of such suit or action should exceed in value the amount o'" sum of two hundred pounds, and in every case of any offence subjecting the person committing the same to capit al punish- ment or transportation, the Court, or any Judge of any such Com*t, or any Justice or Justices of the Peace before whom any such offender should be brought, should commit such offender to safe custody, and cause such offender to be sent in such custody for trial in the Court of the Province of Upper Canada. From and after the proclamation of this Act in British Columbia the said Act of the forty-third year of King George the Third, and the said recited provisions of the said Act of the second year of King George the Fourth, and the provisions contained in such Act for giving force, authority, and effect within the Indian territories and other parts of America to the process and acts of the said Courts of Upper Canada, shall cease to have force in and to be applicable to British Columbia. 5. Provided, always, that all judgments given in any civil suit in Appeal from judg- British Columbia shall be subject to appeal to Her Majesty in {^*;',|^ Prh? Coui?-' Council, ill the manner ard subject to the regulations in and subject cil. to which appeals are now brought from the Civil Courts of Canada, and to such further or other regulations as Her Majesty, with the advice of Her Privy Council, shall from time to time appoint. 6. No part of the Colony of Vancouver Island, as at present Vancouver island, established, shall be comprised within British Columbia for the H8heV,"'not"to^br''" purpose of this Act; but it shall be laAvful for Her Majesty, Her incinded in British heirs and successors, on receiving at any time during the continu- ance of this Act, a joint Address from the two Houses of the Legis- lature of Vancouver Island, praying for the Licorporatiou of that Island witl fritish Columbia by order to be made as aforesaid, with the advice of Her Privy Council, to annex the said Island to 108 A. D. 1858. " GoTernor.' Act to continue in force until Decem- ber 31, 1862. Bzpiration of Act not to affect boua- daries, &c. A. D. 1859. B4 G. 3. c. 16. 6 * 6 W 4. c. 62. [No. 81.] (Monial Legislatures Potoer of Repeal. [22 & 28 ViOT.] British Columbia, subject to such conditions and regulations as to Her Majesty shall seem expedient ; and thereupon and from the date of the publication of such order in the said Island, or such other date as may be fixed in such order, the provisions of this Act shall be held to apply to Vancouver Island. 7. In the construction of this Act the term "Governor" shall mean the person for the time being lawfully administering the Government of British Columbia. 8. This Act shall continue in force until the thirty-first day of December, One thousand eight hundred and sixty-two, and thence- forth to the end of the then next Session of Parliament: Provided always, that the expiration of this Act shall not effect the bound- aries hereby defined, or the right of appeal hereby given, or any act done or right or title acquired under or by virtue of this Act, nor shall the expiration of this Act revive the Acts or parts of Acts hereby repealed. No 31. An Act to repeal, as regards the Colony of Victoria, and to enable other Colonial Legislatures to repeal, certain provi- sions of the Imperial Acts of the fifty-fourth year of George the Third, chapter fifteen, and of the fifth aud sixth years of William the Fourth, chapter sixty-two. [8//. August, 1859.] WHEREAS by the first, second, and third sections of an Act passed in the fifty-fourth year of His late Majesty King George the Third, intituled "An Act for the more easy recovery of debts in Her Majesty's Colonies of New South Wales," provision was made for the proof, by affidavit, affirmation, or otherwise, of certain matters requiring to be proved before any Courts of Law or Equity in New South Wales or its dependencies, and for the punishment of persons guilty of making such affidavits or affirmations falsely: And whereas by the fifteenth and seventeenth sections of an Act passed in the session of Parliament held in the fifth and sixth years of His late Majesty King William the Fourth, intituled " An Act to repeal an Act of the present Session of Parliament, intituled 'An Act for the effectual abolition of oaths and affirmations taken and made in various departments of the State, and to substitute declar- ations in lieu thereof,' and for the more entire supfiression of voluntary and extra-ju<^icial oaths and affidavits, aud to mako other 104 1 ViOT.] [22 & 23 Vict.] North-western Territories. [No. 32.] provisions for the abolition of unnecessary oaths," provision was A. D. 1869 made for the proof by solemn declaration or otherwise of certain matters or things requiring to be proved before any Court of Law or Equity in Her Majesty's possessions abroad : A nd whereas it is expedient that the provisions above recited should be repealed as regards the Colony of Victoria, and that as well the said provisions as the fourth section of the said first-recited Act of Parliament should be alterable or repealable as regards any of Her Majesty's possessions abroad by the Legislature or other Legislative authority ot such possession : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. The first, second and third sections of the said first-recited Act certnin sections of of Parliament, and the fifteenth and seventeenth sections of the said ""ccited Acts repeai- ' ed so fai ns they secondly-recited Act ol Parliament, shall be and they are hereby apply to the Colony repealed so far as they apply to Her Majesty's Colony of Victoria. ° 'ctona. 2. It shall be lawful for the Legislature or other Legislative Power to Colotiiai authority of any of Her Majesty's possessions abroad to which any ^eai''aUe"\'a "^^d of the provisions contained in the said first-recited Act, or in the proyisions of recited fifteenth or seventeenth section of the said secondly -recited Act, cabfcTo ""^ "^ "^"^ ' shall apply, to repeal, alter, or amend all or any of the provisions, sessions. so far as applicable to such possession, in like manner and subject to the same conditions as it the same had been originally enacted by such Legislature or Legislative authority. such pos- No. 32. An Act io make further Provision for the lle}j;ulation of the j^ £> jgsg^ Trade with the Indians, and for the Administration of — Justice in the North-western Territories ol America. [IBth Auffiist, 1869.] WHEREAS an Act was passed in the forty-third year of King George the Third (chapter one hundred and tliirty-eight), "for extending the juriHdiction ot the Courts of Justice in the 43 a. 3. c. 138. Provinces of Lower and Ujipor Canadii to the trial and punishment of persons guilty of crimes and ott'encos within certain parts of North America adjoining to the said Provinces," and an Act was passed in the session lioldon in ilio first and secou^^ both Houses of Parliament within thirty days after the making thereof, if Parliament is then sitting, and if not, then within thirty days after the next meeting of Parliament. Agreements before pnssing of this Act confirmed. 15. Any agreement made before the passing of this Act by the Admiralty, and approved by the Commissioners of Her Majesty's Treasury, for a loan for such a purpose as aforesaid, is hereby confirmed ; and any money may be lent, and all interest agreed for shall be paid, and all instalments of principal money atrreed for shall be repaid, as nearly as may be in all respects as if the agree- ment were made under this Act No. 48. A. D. 1866. Proclamation by His Excellency Frederick Seymour, Governor and Commander-in-Chief of Her Majesty's Colony of British Columbia and its Dependencies, Vice-Admiral of the same, &c., &c,, &c. in th November, 1866.] WHEREAS by an Act of Parliament made and passed in the session of the Imperial Parliament holden in the 29th and 30th years of the reign of Her Majesty Queen Victoria, chapter 6"^, in- tituled "An Act for the Union of the Colony of Vancouver Island with the Colony of British Columbi,a" it was, amon/; other things, enacted that from and immediately after the proclimation of the above-mentioned Act of I'u.'Iiamont by the Governor of British Columbia, the Colony of Vancouver Island should be united with 128 [30 Vict.] Union of Vancouver Island ^ British Columbia. [No. 43.J the Colony of British Columbia and form one Colony, in manner in such Act mentioned : Now, therefore, I, Frederick Seymour, Governor of the said Colony of British Columbia, do hereby proclaim and publish the said Act for the guidance of Her Majesty's subjects and all others whom it may concern, as follows : — " CAP. Lxvn. "An Act for the Union of the Colony of Vancouver Island with the " Colony of British Columbia. " [Qth August, 1866.] " D K it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and "Commons, in this present Parliament assembled, and by the authority " of the same, as follows : — " 1. This Act may be cited as the, 'British Columbia Act, 1866.' "2. In this Act the term 'Governor' means any officer for the time "being lawfully administering the Government. " 3. From and immediately after the proclamation of this Act by the " Governor of British Columbia, the Colony of Vancouver Island shall "be and the same is hereby united with the Colony of British Columbia, "and thenceforth those two Colonies shall form and be one Colony, " with the name of British Columbia (which union is in this Act referi'ed " to as the union). " 4. On the union taking effect, the form of Government existing in " Vancon.ver Island as a separate Colony shall cease, and the power and " authority of the Exeeucive Govornment and of the Legislature existing •'in British Columbia si ill extend to and over Vancouver Island j but " in order that pro\ 'sion may bo made for the representation of Van- "couver Island in the Legislature of British Columbia after the union "the maximum numbiu of Councillors in the Legislative Council of " British Columbia after the union shall, until it is otherwise provided "by lawful authority, be twontj'-three instead of fifteen. " 5. Alter and notwithstanding the union tiic laws in force in the separate Colonies of British Columbia and Vancouver Island respec- "tively at the time of the union taking effect shall, until it is otherwise "provided by lawful authority, remain in foreo as if this Act had not " been passed or proclaimed ; .save only that Ihe 1.''Wh relative to the "Revenue of Customs in force in British Columbia at the time of the "union taking effect shall, until it is otherwise provided by lawful " authority, extend and apply to Vancouver Island ; and, until it is "otherwise provided by lawful authority, the Governor of British "Columbia shall havi", in relation to the territory for the time being " under his Government, all the powers a-id authorities for, the limo " being vested, in relation to the United Kingdom, in the Comniission- "ers of Her Majesty's Treasury or in tlic Commissioners of Customs, 129 A. D. 1866, Short Title. " Governor." On proclamation of this Act in British Columbia, Vancou- ver Island united therewith. As to Government of united Colony. Laws of the separ- ate Colonies to con- tinue e.\c«ipt as to Revenue of Customs i:i. m. [No. 43.] Union of Vanoouvet Island ^ British Columbia. [80 Vict.] A D 1866. "vvitli respect to the appointment of warehousing ports, and the approval "and appointment of warehouses or places of security in such ports, " and everything consequent thereon or relative thereto. Nothing to restrict " 6. Nothing in this Act shall take away or restrict the authority of authority of Govern- m\^Q GrO'-ernor of British Columbia, with the advice and consent of the " Legislative Council thereof, to make laws for the peace, order, and " good government of British Columbia, either before or after the union ; " nor siiall anything in this act interfere with the exercise of any power " that would have been exerciseable by Her Majesty in Council if this " Act had not passed. "7. Until the union British Columbia shall comprise all such territo " ries within the dominions of llor Majesty as are bounded to the tuuth " by the territories of the United States of America, to the west bj ' e " Pacific Ocean and tho frontier of the Russian teri-itories in 2^(uiitj "America, to the north by the sixtieth parallel of north latitude, and " t'b the east from the boundary of the United States northwards by tho " lloeky Mountains and the one hundred and twentieth meridian of west " longitude, and shall include Queen Charlotte's Island and all other "islands adjacent to the said territories, except Vancouver Island and " the islands adjacent thereto. Boundaries of British Columbia until union. • Boundaries of British Columbia after union. Acts in Schedule repealed. •' 8. After the union British Columbia shall comprise all the territories " and islands aforesaid and Vancouver Island and the islands adjacent " thereto. "9. The Acts described in tho Schedue to this Act are hereby repeal- " ed ; but this repeal shall not invalidate any Order in Council or other "instrument issued under the authority of those Acts or either of them, " or any act done or right or title acquired by virtue of those Acts or "either of them or of any such order or instiHimeut. '« SCHEDULE. •' Arfii repealed, "21 & 22 Viet. c. 90. An Act to provide for tho (lovornment of British "Columbia. " 26 & 27 Vict. c. 83. An Act to define t!.o boundaries of the Colony "of British Columbia, and to continue an Act to provide for the Govcrn- " ment of the said Colony." And I, the said Frederick Seymour, as Huch Governor hb afore- said, do hereby further proclaim and publish that the Colony of Vancouver Island shall, from the proehimatii i hereof, '-e and the same is hereby united with the Colony of Brit. 'i Colunii)!!'. amd the said two Colonics shall, from tlie proclamatio i lioreoi", ;oru. and be ono Colony, with the name of British Columt.ia. And 1, tlie rtiiid (jiuvor'ior, do lieioby further procluini and juibiish that, notwithstsuuling the union aforesaid, the laws iu 180 [32 ViOT.] Seat of Government. [No. 44.] force at the jiroclamation hei'eof in the separate Colonies of British Columbia and Vancouver Islaud respectively, until it is otherwise provided by lawful authority, shall remain in force as if the said Act had not been passed or proclaimed ; save only that the laws relatmg to the Revenue of Customs in force in British Columbia at the proclamation hereof shall, until otherwise provided by lawful authority, extend and apply to Vancouver Island ; and until it is otherwise provided by lawful authority the Governor of British Columbia shall have, in relation to the territory for the time being under his Government, all the powers and authorities for the time being vested, in relation to the United Kingdom, in the Commis- J sioners of Her Majesty's Treasury or in the Commissioners of Her Majesty's Customs, with respect to the appointment of warehousing poiiis, and the approval and appointment of warehouses or places of security in such ports, and everything consequent thereon or rela- tive thereto. And I, the said Governor, do hereby further proclaim and publish that all and singular other the clauses and provisions of the said Act shall take ftill effect in the said Colonies and dependencies so united as aforesaid, under the name of British Columbia, as and fii'om the proclamation hereof. This Proclamation may be cited as the "Union Proclamation, 1866," A.D. 1866. Nd. 44. Proclamation by His Excellency Frederick Seymour, Esquire, Governor and Commander-in-Chief in and over the Colony of British Columbia and its Dependencies, Vice-Admiral and Ordinary of the same, &c., &c.. &c. [25eeeh or Message to each of the Houses of the Parliament, or by Proclamution, that it has received the assent of the Queen in Council. 141 [No. 46.] British North America. [31 & 32 VicT.l 11 m A. D. 1867 Appointment of Lieutenant-Govern- ors of Provinces. Tenure of oflSee of Lieutenant- Governor. Salaries of Lieu- tenant-Qorcrnors, Oatlis, kc, of Lieu- tenant-Qovernor. Application of pro- visions referring to [lieutenant- Governor. Appointment of Executive OfBcers for Ontiirio ami Quebec, Bxei'Utivc Govern- ment III' N'ovii Si'.iiliii ami New Hruns- wicl«. An entry of every such Speech, Message, or Proclamation shall be made in the Journal of each House, and a duplicate tliereof duly attested shall be delivered to the proper officer to be kept amoug the records of Canada. V. — Provincial Constitutions. Executive Power. 58. For each Province there shall be an officer, styled tiie Lieutenant-Governor, appointed by the Governor-General in Council by instrument under the great seal of Canada. 69. A Lieutenant-Governor shall hold office during tlie pleasure of the Governor-General ; but any Lieutenant-Governor appointed after the commencement of the iirst session of the Parliament, of Canada shall not be removeable within five years from his appoint ment, except for cause assigned, which shall be communiciited to Lim in writing within one month after the order fur his removal is made, and shall be communicated by message to the Senate ajid to the House of Commons within one week thereafter if the I'arliu- ment is then sitting, and if not, then within one week after the commencement of the next session of the Parliament. 60. The salaries of the Lieutenant-Governors shall be fixed and provided by the Parliament of Canada. 61. Every Lieutenant-Governor shall, before assuming the duties of his office, make and subscribe before the (Governor-General, or acme person authorized by him, oaths of al)(!giance and office similar to those taken by the Governor-General. 62. The provisions of this Act referring to the Lieutenant- Governor extend and apply to the Lieutenant-Governor for the time being of each Province, or other the Chief Exeentive Officer or Administrator for the time being carrying on the Government of the Province, by whatever title he is designated. 63. The Kxecutive Council of (.)ntario and ol" 'iiiebee shall he composed of such persons as the Lieutennnt-Govenior horn time ro time thinks fit, and in the first instance ot the toilowin^; officers. namely, — the Attorney-General, the Secretary ami Keiiistnir of the Province, the Treasurer of the Province, rlio Connnissioiu r d Crown Lands, and the Conimi ioner of Agrii iilture and I'liblic Works, with in Quebec the Speaker of the liCgialative ('o.nieil iiml the iSolicitor-General. 64. The coiiftitntion of the Kxecutive aiitlioritv in eneh of tlie Provinces of Nova Scotia and New Knnisvvick ^liiill. snb.'p ct to the provifioMH of this Act. I'oatiinie as it exists at the Union niitihilieietl under the authority of this Act. 142 ' wmmmm 32 VicT.q tion shall ereof duly pt among [81 & 32 Vict.] British Norih. America. [No. 46.] styled the in Council e }>1 ensure appointed ianient. of is appoint nit'iited to removal is ate and to the I'arlia- k after the J fixed and the duties Jetieral, or and office jieutenant- >r the time OfHcer or rnment of f shall be im time to g orticcrs. irar of tlir issioiMT jcct fo tlie itiluliored 66. All powers, authorities and functions which under any Act A. D. 1867. of tlie Parliament of Great Britain, or of the Parliament of the powers to be exer- Uuited Kiufi'dom of Great Britain and Ireland, or of the Le^l .*ture ='«<"^ ^y f-'>e;itenant- _ ° ' " Governor of Ontario of U pper Canada, Lower Canada, or C.anada. were or are n- .ore or or Quebec with at the Union vested in or exerciseable by the respective Governors *'^^"'* "'' *''""'■ or Lieutenautr-Governors of those Provinces, with th?^ advice or with the advice and consent of the respective Executive Councils thereof, or '- conjunction with those Councils, or with any number of members thereof, or by those Governois or Lieutenant-Governors individually, shall, as fiir as the same are capable of being exercised after the Union in relation to the Government of Ontario and Quebec respectively, be vested in and shall or may be exercised by the Lieutenant-Governor of Ontario and Quebec respectively, with the advice or with the advice and consent oi or in conjunction with the respective Executi /e Councils, or any members thereof, or by the Lieutenant-Governor individually, as the case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Bi'itain, or of the Parliament of the United Kingdom of Great Brititin and Ireland,) to be abolished or altered by the refepective Legislatures of Outano and Quebec. 66. The [provisions of this Act referring to the Lieutenant Gover- Application of pfo- nor in Council shall be construed as referring to the Lieutenant- J'.^'o"* referring to ° , Uicutenaut-Govern- Governor of the Province acting by and with the advice of the or in Council. Executive Council thereof. 67. The Governor-General in Council may from time to time AiUninistrRtion in apjioint an Administrator to exercise the office and tuuctions of LieutcnRnt-Oovem- Lieutenant-Governor during his absence, illness, or other inability. <"■• 68. Unless aid until the Executive Government ot any Province Stius of Provincial ,, . 1. . .,1 , I , 1. • ii i a 1% Oovennnents. otherwise directs with respect to that Province, tlif seats ot Govern- ment of the Provinces shall be as fol'owa, uanioly, -of Oiicario, the City of Toronto; of Quebec, the City of Queh' .. ;, of Nova Scotia, the City of Halifax; and of New Brunswick, the City of FredGricton. Legislative Poioer. 1.— Ontario. 6v». There shall be a JjCgislature for Ontario -'onsisting of the |^fi^.|,|„uiro for Lieutenant-(-Jovf.'rnor and of one ITonsc, styled the Legislative tMiimlo. Assembly of Ontario. 70. The Legislative Assembly ot' Ontario shall lu- comiKwcd of Klu'ioml duiHvI*, eighty-two member-, to be eletted to rein-ewoiii tlie eiglity-iwt Electoral Districth s^t foilh in the First Schedule to this Act. pi A 45.] Jiritish North America. [31 k 32 Viot.] A. D. 1867. Legislature for Quebec. Constitution of Legislative Uouncil. Qualification of Legislative Coun- cillors. Resignation, dis- qualification, fee. Vacancies. Questions as to vacancies, kc. Spealcer of Legis- lative Council. Quorum of Legis- lative Council, Voting ill Leglsln- tivi- Council. Coiitititutiuii of 2. — QOEBEO. 7 1 . There shall be a Legislature for Quebec consisting of the Lieutenant-Governor and of two Houses, styled the Legislative Council of Quebec and the Legislative Assembly of Quebec. 72. The Legislative Council of Quebec shall be composed of twenty.four members, to be appointed by the Lieutenant-Go\ eruor, in the Queen's name, by instrument under the great seal of Quebec, one being appointed to represent each of the twenty-four Electoral Divisions of Lower Canada in this Act referred to, and each holding office for the term of his life, unless the Legislature of Quebec otherwise provides under the provisions of this Act. 78. The qualifications of the Legislative Councillors of Quebec shall be the same as those ot the Senators for Quebec. 74. The place of a Legislative Councillor of Quebec shall become vacant in the cases, mutatis mutandis, in which tho place of Senator becomes vacant. 75. When a vacancy happens in the Legislative Council of Quebec by resignation, death, or otherwise, the Lleutenant-Gover- norj in the Queen's name, by Instrument under the great seul of Quebec, shall appoint a fit and qualified person to fill the vacancy. 76. If any question arises respecting the qualification of a Legis- lative Councillor of Quebec, or a vacancy in the Legislative Council of Quebec, the same shall be heard and determined by the Legis- lative Council. 77. The Lieutenant-Governor may fi'om time to time, by instru- ment under the great seal of Quebec, appoint a member of the Legislative Council of Quebec to be Speaker thereof, and may remove him and appoint another in his stead. 78. Until the Legislature of Quebec otherwise provides, the presence of at least ten n^embers of tiie Legislative Council, Includ- ing the Speaker, shall be necessary to constitute a meeting tor the exercise of its pt)wer8. 79. Questions arising in the Leifislative Council of Quebec shall be decided by a majority of voices, nnd the Speaker shall in all cases have a vote, and when the voices arc eiiual the decision shall be deemed to be in the negative. 80. The Legislative AH.xembly dI" Quebec .slnill be composed of Legisintivc .Vssem- sixty-five members, to be elected to represent the sixtv-five Electoral nly 1)1 Qiienuc •; _ I ' Divisions or JMstricts ot Lower Canada in this Act relerrdl to, t subject to alteratior. thereol by llie Legi.>*liitnie ot Quobec : Pro- vided that it shall not be lawful to present to the Lieutenantr 144 ^2 ViOT.] g of the tgislative c. iposed of Jo'veruor, Quebec, Electoral 1 holding Quebec f Quebec II become )f Senator ouncil of nt-Gover- ftt seul of vacancy. if a Legis- e Council he Legis- by instrn* ber of the and may rides, the il, includ- ig tor the a bee shall lall in all sion shall oposed of Electoral lerroij to, )eo : Pro- ieutenant- [80 & 81 Vict.) British North America. pfo. 46.] Governor of Quebec for assent any Bill for altering the limits of a. J). 1867. any of the Electoral Divisions or Districts mentioned in the Second — Schedule to this Act, unless the second and third readings of such Bill have been passed in the Legislative Assembly with the concur- rence ot the majority of the members representing all those Electoral Divisions or Districts, and the assent shall not be given to such Bill unless an address has been presented by the Legislative Assembly to the Lieutenant-Governor stating that it has been so passed. 3. — Ontaeio and Quebec. 81. The Legislatures of Ontario and Quebec respectively shall be First session of called together not later than six months after the Union. Legislatures. 82. The Lieutenant-Governor of Ontario and of Quebec shall, Summoning of from time to time, in the Queen's name, by instrument under the f'e^'sifttive Assem- great seal of the Province, summon and call together the Legislative Assembly of the Province. 83. Until the Legislature of Ontario or of Qufibec otherwise pro- Restriction on eiec- vides, a person accepting or holding in Ontario or in Quebec any ^'^"^,°' ''°''^"'' "'^ office, commission, or employment, permanent or temporary, at the nomination of the Lieutenant-Governor, to which an iinnual salary, or any fee, allowance, emolument, or profit of ii v kind or amount whatever from the Province is attached, shall not be eligible as a member of the Legislative Assembly of the respective Province, nor shall he sit or vote as such; but nothing in this section shall make ineligible any person being a member of the Executive Council of the respective Province, or holding any of the following offices, that is to say, the offices of Attorney-General, Secretary and Registrar of the Province, Treasurer of the Province, Commissioner of Crown Lands, and Commissioner of Agriculture and Public Works, and in Quebec Solicitor-General, or shall disqualify him to sit or vote in the House for which he is elected, provided he is elected while holding such office. 84. Until the Legislaturci of Ontario and Quebec respectively ronti„uance of otherwise provide, all laws which at the Union are in tbrce in those ; »'st'"K election ' ' laws. Provinces respectively, relative to the following matters, or any of them, name]}', — the qualifications or disqualificutions of persons to be elected or to sit or vote as members of the Assembly of Canada, the qualifications or disqualifications of voters, the oaths to be taken by voters, the Returning Officers, their powers and duties, the pro- ceedings at elections, the periods during which such elections may be continued, and thl Daration of Legis- lative Assemblies. Yearly session of Legislature. Speaker, quorum, Ac. if mi A. D. 1867. of members to serve in the respective Legislative Assemblies of — - Ontario and Quebec. Provided that, until the Legislature of Ontario otherwise provides, at any election for a member of the Legislative Assembly of Ontario tor the District of Algoma, in addition to persons qualified by the law of the Province of Canada to vote, every male British subject, aged twenty-one years or upwards, being a householder, shall have a vote. 85. Every Legislative Assembly of Ontario and every Legislative Assembly of Quebec shall continue for four yeai-s t'voax the day of the return of the writs for choosing the same (subject levertheless to either the Legislative Assembly of Ontario or tho Legislative Assembly ot Quebec being sooner dissolved by the Lieutenant- Governor of the Province), and no longer. 86. There shall be a session of the Legislature of Ontario and of that of Quebec once at least in every year, so that twelve months ahall not intervene between the last sitting of the Legislature in each Province in one session and its first sitting in the next session. 87. The following provisions of tiiis Act respecting the House of Commons of Canada shall extend and apply to the Legislative Assemblies of Ontario and Quebec, that is to say, — the provisions relating to the election of a Speaker originally and on vacancies, the duties of the Speaker, the absence of the Speaker, the quorum, and the mode of voting, as if those provisions were hero rc-enicted and made applicable in terms to each such Legislative Assembly. 4. — Nova Scotia and New Brunswick. 88. The Constitution of the Legislature of each of the Provinces of Nova Scotia and New Brunswick shall, subject to the provisions of this Act, continue as it exists at the Union until altered under the authority of this Act; and the House of Assembly of Now Brunswick existing at the passing of this Act shall, unless sooner dissolved, continue tor the period for which it was elected. 6. — Ontakio, Quebec, and Nova Scotia. First elections. 89. Each of the Lieutenant-Governors of Ontario, Quebec, and Nova Scotia shall cause writs to be issued lor the first election of members of the Legislative Assembly thoreot in such form and by such person as he thinks fit, and at sucli time and addressed to suoh Returning Ofticer as the Governor-General directs, and so that tlic first election of member of Assembly' for any Electoral District or any subdivision thereof shall ho held at the same time and at tlio same places as the election tor a lucmbur to .servo in the IIuuso of Commons of Canada for that Electoral District. 146 Constitutions of Legislatures of Nova @cotia and New Brunswick. 1 VlCT-l iblies of >rovide8, F Outurio tl by the subject, lall have gislative e day of rertheless egislative eutenant- io and of e months slat lire in ict session. House of egishitive provisions vacancies, e quorum, rc-en.icted isembly. Provinces provisions red under ly of >«'ow less soonei' 1. uebec, aiul election of )rm and by jed to such so that tlic District or and at the e House of [30 & 31 Vict.] British North America. 6. — The Four Provinces. [Ko. 45.J Legislatures of provisions respect- ing money votes, *0. A. .D. 1867 90. The following provisions of this Act respecting the Parliament AppiicntiTiTto of Canada, namely, — the provisions relating to Appropriation and Tax Bills, the recommendation of money votes, the assent to Bills, the disallowance of Acts, and the signiiication of pleasure on Bills reserved, — shall extend and apply to the Legislatures of the several Provinces as if those provisions were here re-enacted and made applicable in terms to the respective Provinces and the Legislatures thereof, with the substitution of the Lieutenant-Governor of the Province for the Governor-General, of the Governor-General for the Queen and for a Secretary of State, of one year for two years, and of the Province for Canada. VI. — Distribution of Legislative Powers. Powers of the Parliament. 91. It shall be lawful for the Queen, by and with the advice and Legislative nuthor- consent of the Senate and House of Commons, to make laws for the of (",'n!idn'"'"''°' peace, order and good government of Canada, in relation to all matters not coming within the classes of subjects by this Act assigned exclusively to the Legislatures ot the Provinces; and for greater certainty, but not so as to restrict the generality of tho foregoing terms of this section, it is hereby declared that (not- withstanding anything in this Act) the exclusive Legislative author- ity of tho Parliament of Canada extends to all matters coming within the classes of subjects next hereinafter enimierated, that is to say: — 1. Tho public debt and property: 2. The regulation of trade and commerce: 8. The raising of money by any mode or system of taxation: 4. The borrowing of money on tho public credit: 5. Postal service : 0. The census and statistics: 7. Militia, military and naval service, and defence: 8. The iixing of and providing for the salaries and allowances of civil and other officers of the Government of Canada: 9. Beacons, buoys, lighthouses and Sable Island: 10. Navigation and shipping: 11. Quarantine and tho establishment and maintenance of marine hospitals: 12. Sea coast and inland fisheries: 13. Ferries between a Province and any British or foreign country or between two Provinces: 14. Currency and coinage: 16. Banking, incorporation of banks, and tho issue of paper money : 147 ft A. 1). 1867. 1 Subjects of ezclu- sire Provincial legislation. [No. 4«.J British North America. [80 k 81 Vicx.] 16. Savings banks: 17. Weights and measures : -< 18. Bills of exchange and promissory notes: 19. Interest: 20. Legal tender: 21. Bankruptcy and insolvency: 22. Patents of invention and discovery: 23. Copyrights: 24. Indians, and lands reserved for the Indians: 25. Naturalization and aliens: 26. Marriage and divorce: 27. The criminal law, except the constitution of Courts of criminal jurisdiction, but including the procedure in criminal matters: 28. The establishment, maintenance and management of peni- tentiaries : . 29. Such classes of subjects as are expressly excepted in the enumeration of the classes of subjects by this Act assigned exclusively to the Legislatures of the Provinces : And any matter coming within any of the classes of subjects enumerated in this section shall not be deemed to come within the class ol matters ol a local or private nature comprised in the enu- meration of the classes of subjects by this Act assigned exclusively to the Legislatures of the Provinces. .Exclusive Powers of Provincial Legislatures. 92. In each Province the Legislature may exclusively make laws in relation to matters coming within the classes of subjects next hereinafter enumerated, that is to say: — 1. The amendment from time to time, notwithstanding anything in this Act, of the constitution of the Provinc". except as regards the office of Lieutenant-Governor. 2. Direct taxation within the Province in order to the raising of a revenue for Provincial purposes: 8. The borrowing of money on the sole credit of the Province: 4. The establishment and tenure of Provincial offices, and the appointment and payment of Provincial officers: 6. The management and sale of the public lands belonging to the Province and of the timber and wood thereon : 6. The establishment, maintenance and management of public and reformatory prisons in and for the Province: 7. The establishment, maintenance and management of hospitals, asylums, charities, and eleemosynary institutions in and for the Provinces, other than marine hospitals : 8. Municipal institutions in the Province : 9. Shop, saloon, tavern, auctioneer, and other licences in order to 148 [80 A 81 Vioi.] British North America. [No. 45.] the raising of a revenue for provincial, local or municipal j^ ^ jg^y purposes : 10. Local works and undertakings other than such as are of the following classes: — a. Lines of steam or other ships, railways, canals, tele- graphs and other works and undertakings connecting the Province with any other or others of the Provinces, or extending beyond the limits of the Province : 6. Lines of steam ships between the Province and any British or foreign country : c. Such works as, although wholly situate within the Province, are, before or after their execution, declared by the Parliament of Canada to be for the general advantage of Canada or for the advantage of two or more of the Provinces. 11. The incorporation of companies with provincial objects: 12. The solemnization of marriage in the Province: 13. Property and civil rights in the Province: 14. The administration of justice in the Province, including the constitution, maintenance and organization of Provincial Courts, both of civil and of criminal jurisdiction, and includ- ing procedure in civil matters in those courts: 15. The imposition of punishment by fine, penalty or imprison- ment for enforcing any law of the Province made in relation to any matter coming within any of the classes of subjects enumerated in this section: 16. Generally all matters of a merely local or private nature in the Province. JUducatioH. 93. In and for each Province the Legislature may exclusively Legigiatiod respect- make laws in relation to education, subject and according to the 'ng education, following provisions: — (1.) Nothing in any such law shall prejudicially affect any right or privilege with respect to Dene minational Schools which any class of persons have liy law in the Province at the Union : (2.) All the powers, privileges, and duties at the Union by law conlcrred and imposed in Ujiper Canada on the separate Schools and School Trustees of the Queen's Roman CathoHc Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant and Roman Catholic Subjects in Quebec: (8.) Where in any Province a system of separate or Dissentient S",hool. exists by law at the Union or is thereafter estabHshed by the Legislature of the Province, an appeal shall Ue to the 149 i i A. D. 1867. I, ■»■; m Legislatiou for uniformity of laws in three Provinces. Concurrent powers of legislation re- specting agricul- tare, &c. Appointment of Judges. LNo. 4B0 JSritish North America. [30 & 31 Vict.] Goveruor-Qeneral in Council from any act or decision of any Provincial authority aftecting any right or privilege of the Protestant or Roman Catholic minority of the Queen's Subjects in relation to Education : (4.) In case any such Provincial law as from time to time seems to the Governor-General in Council requisite for the due execution of the provisions of this section is not made, or in case any decision of the Governor-General in Council on any appeal under this section is not duly executed by the proper Provincial authority in that behalf, then and in every such case, and as far only as the circumstances of each case re- quire, the Parliament of Canada may make remedial laws for the due execution of the provisions of this section and of any decision of the Governor-General in Council under this section. Uniformity of Laws in Ontario, Nova Scotia, and New Brunswick. 94. Notwithstanding anything in this Act, the Parliament of Canada may make provision for the uniformity of all or any of the laws relative to property and civil rights in Ontario, Nova Scotia, and New Brunswick, and of the procedure of all or any of the Courts in those three Provinces, and from and after the passing of any Act in tlat behalf, the power of the Parliament of Canada to make laws in relation to any matter comprised in any such Act shall, notwithstanding anything in this Act, be unrestricted ; but any Act of the Parliament of Canada making provision for such uniformity shall not have effect in any Province unless and until it is adopted and enacted as law by the Legislature thereof. Agriculture and Immigration. 95. In each Province the Legislature may make laws in relation to agriculture in the Province, and to Immigration into the Province; and it is hereby declared that the Parliament of Canada may from time to time make laws in relation to agriculture in all or any of the Provinces, and to Immigration into all or any of the Provinces; and an; law of the Legislature of a Province relative to agriculture or to Immigration shall have effect in and for the Province as long and as tar only aw it is not repugnant to any Act of the Parliament of Canada. VII. — JuDlCATtTRE. 96. The GoverdoNGeneral shall appoint the Judges of the Saperioi'i District, and County Courts in each Province, except those of the Courts of Probate in ifova Scotia and New Brunswick. Selection of Judges ^'^' ^"^'' *^*^ '*^"* rohitivo to [iroporty and civil rights in Ontario, io Ontario, *c. Nova Scotia, and New Brunswick, and the procedure of the Courts 160 [30 & 31 Vict.] British North America. [No. 46.] in those Provinces, are made uniform, the Judges of the Couils of those Provinces appointed by the Governor-General shall be selected from the respective Bars of those Provinces. A. 1). 1867. 98. The Judges of tlio Courts of Quebec, shall be selected from Selection of Judges the Bar of that Province. 99. The Judges of the Superior Court^i shall hold office during Tenure of office of good behaviour, Ijut shall be removable by the Governor-General on S".°''^"p*"'" address of the Senate and House of Commons. 100. The salaries, allowances, and pensions of the Judges of the salaries, *c., of Superior, District, ^md County Courts (except the Courts of Probate •'"^ges. iu Nova Scotia and Now Brunswick,) and of the Admiralty Courts in cases where the Judge.: tliereof are for the time being paid by salary, shall be fixed and provided by the Parliament of Canada. 101. The Parliament of Canada may, notwithstanding anything General Court of in this Act, from tinie1:o time, ]trovide for the constitution, main- appeal, *c. tenauce, and organization of a General Court of Appeal for Canada, and for the establishment of any additional Courts tor the better administration of the laws of Canada. VIII.~Rkvenies ; Dbuts ; Assets ; Taxation. 102. All Duties and Revenues over which the respecti^'e Legis- Creation of Con- latures ot Canada, Nova Scotia, and New Brunswick before and at solidated Revenue the Union had and have power of appropriation, except such '^tortions thereof as are by this Act reserved to the respective LegiirsJaf.ures of the Provinces, or are raised by them in accordance with the special powers conferred on them by this Act, shall form one Consolidated IJeveime Fund, to bo ajjpropriated for the public service ot Canada in the manner and subject to the charges in this Act provided. 103. The Consolidated Kevenuo Fund of Canada shall be per- ijxpenses of collec- manently charged witli the costs, charge.s, and expenses incident to 'ion, *c. the collection, management, and receipt thereof, and the same shall form the first charge thereon, subject to be reviewed and audited in such manner as shall be ordei'ed by the Governo.' General in Council until the Parliament otherwise provides. 104. The annual interest of the iMibHc debts of thj several , . . ,„ ' . Interest of irovin- Provinces of Canada, Nova Scotia, and New Brunswick at the cial public debts. UnioM shall form the second charge on the Consolidated Revenue Fund ol Canada. lOf). Tnless altered l)y the P'>i'li;»"'('»t of Canada, the salary of g„|^r^ pj.Qjj„ the (lovenior-General shall lie ten thousand pounds sterling mo:.'py General, of the United Kingdom of Great Britain and Ireland, payable out of 161 y< !*•; [No. 46.] British }^orth America. [80 & 81 ViOT.] tho Consolidated Revenue Fund of Canada, and the same shall form the third charge thereon. 106. Subject to the several payments, by this Act charged on the Consolidated R'^venue Fund of Canada, the same shall bo appro- priated by the I'arliament ot Canada for the public service. 107. All stocks, cash, banker's balances, and securities for money belonging to er^ch Province at the time of the Union, except as in this Act mentioned, shall be the property of Canada, and shall be taken in reduction of the amount of the respective debts of the Provinces at the Union. Transfer of properly 108. The public works and property of each Province, enumerated iD Schedule. i„ tijg rpj^^y^ Schedule to this Act, shall be tho property of Canada. A. D. 1867. Appropriation from time to lime. Transfer of stocka, Property in lands, mines, &c. Asseta connected with Provincial debti. Canada to be liable 109. All lands, mines, minerals," and royalties belonging to the several Provinces of Canada, Nova Scotia, and New Brunswick at the Union, and all sums then due or payablg for such lauds, mines, minerals, or royalties, shall belong to tho several Provinces of On- tario, Quebec, Nova Scotia, and New Brunswick in which the same are situate or arise, subject to any trusts existing in respect thereof, and to any interest other than that of the Province in tho same. 110. All assets connected with such portions of the public debt of each Province as are assumed by that Province shall belong to that Province. 111. Canada shall be liable for the debts and liabilities oi each to Provincial debts. Province existing at the Union. Debts of Ontario and Quebec. Assets of Ontario and Quebec. 112. Ontario and Quebec conjointly shall be liable to Canada for the amount (if any) by which the debt of the Province of Canada exceeds at the Union sixty-two million five hundred thousand dollars, and shall be charged with interest at the rate of five per centum per annum thereon. 113. The urisets enumerated in the Fourth Schedule to this Act, belonging at the Union to the Province of Canada, shall be the property of Ontario and Quebec conjointly. Debt of Nova Scotia 114. Nova Scotia shall be liab'e to Canada for tho amount (if any) by which its public debt exceeds at the Union eight million dollars, and snail be charged with interest at the rate of five per centum per annum thereon. Debt of New Bruns- wick. 115. New Brunswick shall be liable to Canada for the amount (if any) by which its public debt exceeds at the Union seven million dollars, and shall be charged with intercrJt at tho rate of five per centum per annum thereon. 152 1 Vict.] lall form d on the appro- )r money as in this )o taken rovinces amerated Canada. ig to the iswick at s, minea, 8 of On- the same t thereof, same. ic debt of ig to that i of each uiada for f Canada id dollars, ntam per this Act, II be the it (if any) n dollars, Dtura per mount (if I million five per [80 ft 81 Vict.] British North America. [No. 46.] 116. In case the public debts of Nova Scotia and New Brunswick A. D. 1867. do not ut the Union amount to eight million and seven million dollars pnymcnroTintcregt respectively, they shall rosnoctively receive, by half-yearly payments '" ^'°vn Scothi and 1 x- xi /-I . i. /~i 1 • ^ ^ \\i New Brunswick. in anvunce trom the Gdvernmont ot Canada, interest ut nve per centum per annum on the difference between the actual amounts of their respective debts and such stipulated amounts. 117. The several Provinces shall retain all their respective public provincUi public property not otherwise disposed of in this Act, subject to the right Pfpef'y- of Canada to assume any lands or public property required for forti- fications or for the defence of the country, 118. The following sums shall be paid yearly by Canada to the 'oranu to Province! several Provinces for the support of their Governments and Legis- latures : — Dollars. Ontario.. Eighty Thousand. Quebec Seventy Thousand. Nova Scotia Sixty Thousand. New Brunswick Fifty Thousand. Two Hundred and Sixty Thousand ; and an annual grant in aid of each Province shall be made, equal to eighty cents per head of the population as ascertained by the census of one thousand eight hundred and sixty-one, and in the case of Nova Scotia and New Brunswick, by each subsequent decennial census until the population of each of those two Provinces amounts to four hundred thousand souls, at which rate such grant shall thereafter remain. Such grants shall bo in full settlement of all future demands on Canada, and shall be paid half-yearly in advance to each Province; but the Government of Canada shall deduct from such gmnts, as against any Province, all sums chargeable as interest on the public debt of that Pi'ovincc in excess of the several amounts stipulated in this Act. 119. New Brunswick shall receive by half-yearly payments in Further grnnt to advance from Canada for the period of ten years from the Union, ^^"^ Brunswick. an additiooal allowance of sixty-three thou.snnd dollars per annum ; but as long as the public debt of that Province remains under seven million dollars, a deduction equal to the interest at five per centum per anmiru on suuh deficiency shall be made from that alio:vanc6 of sixty-taree thousand dollars. 120. All payments to be made under this Act, or in discharge of porm of imyments. liabilities created under any Act of the Provinces of Canada, Xova Scotia, and New Brunswick respectively, and asrsunit'd by Canada, shall, until the Parliainen*^ of Canada otlicrwise directs, be made in such form and manner as may from time to time be ordered by the Governor-General in Council. 153 li (TTo. 46.] "British North America. [30 k 81 Vict.] A. D. 1867. 121. All articles of the growth, prorliico, or manufacture oi" any Cnnadinn iniinufftc- One of the Provinces shall, from and after the Unioii, be admitted tnreji, Ac. Conttriuiincc of customs and exviae laws. Bx[ini'tution mid importnlior as be- tween two Pro- vinces. Lumber dueF in New Brunswick. Exemption of public landd, Ac. Provinpial Cunsol- idated Kevonuc Fund. As to Le{;islatire OuUDcillord of PruTinccs becoming Senators. free into each of the other Provinces. 122. The customs and excise laws of each Province shall, subject to the provisions of this Act, continue in force until altered by the Parliament of Canada. 123. Where custimis duties are, at the Union, leviable on any goods, wares, or merchandizes in any two Provinces, those goods, wares, and raerchaudizes may, from and after tlie Union, bo imported from one of those i'rovinces into the other of them on proof of payment of the customs duty leviable thereon in the Province of exportation, and on payment of .such further amount (if any) of customs duty as is leviable thereon in the Province of importation. 124. Nothing in this Act shall affect the right of New Brunswick to levy the lumber dues provided in chapter fifteen of title three of the Revised Statutes of New Brunswick, or in any Act amending that Act before or after the Union, and not increasing the amount of such dues; but the lumber of any of the Provinces other than New Brunswick shall not be subject to such dues. 125. No lands or property belonging to Canada or any Province shall be liable to taxation. 126. iSuch portions of the duties and revenues over which the respective Legislatures ot Canada, Nova Scotia and New Bninswick had before the Union power of appropriation as are by this Act reserved to the respective Governments or Legislatures of the Provinces, and all duties and revenues raised by them in accordance with the special puwers conferred upon them l>y this Act, shall in each Province form one consolidated revenue fund to be appro- priated for the public service of *he Province. IX. — M1SCELLANE0U.S pROVisio.Nt;. General. 127. If any person being at the passing of this Act a member of the Legislative Council of Canada, .Nova Scotia, or New Brunswick, to whom a place in the Senate U offered, does not within thirty days thereafter, by writing under hi.s hand addre.'^sed to the Ciover- nor-General of the Province of Canada oeri. Orem Seiili Construction of temporary Acta. British North Amerietu [80 & 81 Vict.*] languages ahall bo used in tbo respective records and journals of those Houses; and either of those languages may be used by any person or in any pleading or process in or issuing from any Court of Canada established ucdcr this Act, and in or from all or any of the Courts of Quebec. The Acts ot the Parliament of Canada and ot the Legislature of Quebec shall be printed and published h both those languages. Ontario and Quebec. 134. Until the Legislature of Ontario or of Quebec otherwise provides, tho Lieutenant-Governors of Ontario and Quebec may each appoint, under the great seal of the Province, the following officers to hold office during pleasur:, that is to say, — the Attorney- General, the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of crown lands, and the Commis- sioner of agriculture and public works, and in the case of Quebec the Solicitor-General; and may, by order of the Lieutenant-Governor in Council, from time to time prescribe the duties of those officers and of the several departments over which they shall preside or to which they shall belong, and of the officers and clerks thereof; and may also appoint other and additional officers to hold office during plea- sure, and may from time to time prescribe the duties of those officers and of the several departments overwhicl. *h jy shall preside or to which they shall belong, and of the officers and clerks thereof. 185. Until the Legislature of Ontario or Quebec otherwise pro- vides, all rights, powers, duties, functions, responsibilities or author- ities at the passing of this Act vested in or imposed on the Attorney- General, Solicitor-General, Secretary and Registrar of the Province of Canada, Minister of finance. Commissioner ot crown lauds. Commissioner of public works, and Minister of agriculture and Receiver-General, by any law, statute or ordinance of Upper Canada, Lower Canada or Canada, and not repugnant to this Act, sh( 11 be vested in or imposed on any officer to be appointed by the Lieuten- ant-Governor f'-T the discharge of the same or any of them; and the Coniniissioucr of agriculture and public works shall perforin the duties and functions of the office of Minister of agriculture at the passing of this Act imposed by the law of the Province of Canada, as well as those of the Commissioner of public works. 186. Until altered by the Lieutenant-Governor in Council, the great ^eals of Ontario and Quebec respectively shall be the same, or of the same design as those used in the Provinces of Upjer Canada and Lower ; uiada respectively before their union us Province of Cauiwla, the HI. Thewo'dj "and from tlionco to the end of the then noxt 0. the Loglslaturo," or words to tho samo effect, m^ '* euauiug beaaiort 166 II ViCT.l iirnala of d by any ly Court or any of ature of agea. )therwi8e bee may following f^ttoruey- Ireasurer Commis- uebec the veruor in icerd and to which and may ring plea- of those ill preside C8 thereof. wise pro- or author* Attorney- Province va lauds, Iture and T Canada, shell be I Liouteii- lem; and rtortn the re at the f Canada, incil, the he sanie, if Upi'er >n U8 the hon noxt to elitict, mmmmimmmmmmmimmmmmgimm [80 & 81 Vict.] British North America. [No. 45.] A. D. 1867. used in any temporary Act of the Province of Canada not expired before the union, shall be construed to extend and apply to the next Session of the Parliament of Canada, if the subjoct matter of the Act is within the powers of the same as defined by this Act, or to the next Sessions of the Legislatures of Ontario and Quebec respect- ively if the subject matter of the Act is ACidthin the powers of the same as defined by this Act. 188. From and after the union the use of the words "Upper as to errors in Canada" instead of "Ontario," or "Lower Canada" instead of "'"""• "Quebec," in any deed, writ, process, pleading, document, matter or thing, shall not invalidate the same. 18J). Any proclamation under the great seal of the Province of as to issue of Pro- Canada issued before the union to take oflFect at a time which is '''»™»*'ons '>«'o'"« union, to commtnce subsequent to tha union, whether relating- to that Province, or to after union. Upper Canada, or to Lower Canada, and the several matters and things therein proclaimed shall 1>o and continue of like force and effect as if the union had not been made. 140. Any proclamation which is authorized by any Act of th'> as to issue of Pro- Legislature of the Province of Canada to be issued under the great oinnmtions nftcr seal of the Province of C.xnada, whether relating to that Province; or to Upper Canada, or to Lower Canada, and Avhich is not issued before the union, may be isaued by the Lieutenant-Governor of Ontario or of Quebec, as its subject matter requires, under the great seal thereof; and from and after the issue of such proclama- tion the same and the several matteri? aud thing.^ therein proclaimed shall be and continue of the like force and effect in Outario or Quebec as if the union had not been made. 141. The penitentiary of the Province of Canada shall, until the penitentiary. Parliament of Canada otherwise provides, be and continue the penitentiary of Ontario and Quebec. 142. The division aud adjustment of the debts, credits, liabilities, Arbumtion respect- properties and assets of Upper Canada and Lower Canada shall be '"g * '?■ |i Constitution of townships in Quebec. Dnty of GoTernment and Parliament of Canada to make Railwajr herein deicribed. and delivered either to Ontario or to Quebec, and the same shall thenceforth be the property «>f that Province ; and any copy thereof or extract therefrom, duly certified by the officer having charge of the original thereof, shall be admitted as evidence. 144. The Lieutenant-Governor ot Quebec may from time to time by proclamation under the great seal of the Province, to take effect from a day to be appointed therein, constitute townships in those parts of the Province of Quebec in which townships are not then already constituted, and fix the metes and bounds thereof. X. — Intercolonial Railway. 146. Inasmuch as the Provinces of Canada, Nova Scotia and New Brunswick have joined in a declaration that the construction of the Intercolonial Bailway is essential to the consolidation of the union of British North America, and to the assent thereto of Nova Scotia and New Brunswick, and have consequently agreed that provision should be made for its immediate construction by the Government of Canada; Therefore, in order to give effect to that agreement, it shall be the duty of the Government and Parliament of Canada to provide for the commencement, within six months after the union, of a railway connecting Ihe river St. Lawrence with the city of Halifax in Nova Scotia, and fortho construction thereof without intermission, and the completion thereof with all practicable speed. XL — Admission of other Colonies. • Power to admit 146. It shall be lawful for the Queen, by and with the advice of ?n'trth?Jl'ioJ.' *"*' Her Majesty's Most Honourable Privy Council, on addresses from the Houses of the Parliament ot < 'unada, and front the Houses of the respective Legislatures of the Colonioe or Provinces of New- foundland, Prince Edward Island and British Columbia, to admit those Colonies or Provinces, or any ot them, into the union, and on address from the Houses of the Parliament of Canada to admit Rupert's Land and the North-western Territory, or either of them, into the union, on such terms and conditions in each case us are in the iiddresses expressed tind as the Queen thinks fit to approve, subject to the provisions of this Act; and the provisions of any Order in Council in that behalf Khali have effect as if they had been enacted by the Parliament of tlic United Kingdom of Great Britain and Ireland. .\8 to rrpresentntion of Newfoundland and Prince Edward Isliind in Senate. 147. In case ot the admission of Newfoundland and Prince Edward Island, oi- cither of them, each shall be entitled to a repre- sentation in the fSeimte of Ciinadii of four members, and (notwith- standing anything in this Act) in case ot the adniisnion of Newfound- land the normal nunihor of Senators shall Le seventy -six and their maximum number shall be eighty-two; but Prince Edward Island IM Bl Vict.] ne shall Y thereof harge of 5 to time ke effect in those not then im and New on of the he union va Scotia provision i-ernmoiit emeut, it /juiada to union, of )i Halifax rmission. advice of sses from [louses ot I of New- to admit iiion, and to admit ol them, as are in approve, my Order lad been It Britain d Prince ' a rcpre- ("otwitli- cwfound- md tiieir rd Island [80 ft 81 ViOT.] British North Ameriea, [No. 4B.;) when admitted shall be deemed to be comprised in the third of the throe divisions into which Canada is, in relation to the constitution of the Senate, divided by this Act, and accordingly after the admis- sion of Prince Edward Island, whether Newfoundland is admitted or not, the representation of Nova Scotia and New Brunswick in the Senate shall, r..'' vacancies occur, be reduced from twelve to ten jaembers respectively, and the representation of each of those Provinces shall not be increased at any time beyond ten, except under the provisions of this Act tor the appointment of three or six additional Senators under the direction of the Queen. A. D. 1867. SCHEDULES. The First Schedulb. Electoral Districts of Ontario. A. ExisTiNu Electoral Divisions. Counties 1. Prescot. 2. Glengarry. 8. Storniont. 4. Dundas. 5. Rusaoll. 6. Carleton. 7. Prince Edward. 8. Ilaitou. 9. Essex. Ridings of Counties. 10. North Riding of Lanark. 11. South Riding of Lanark. 12. North Rilling of Leeds and Nortii Riding of trrenville. 13. South Riding of Leeds. 14. South Riding of Crrcnville. 15. East Riding of Northumberland. l(j. West Riding of Northumberland (excepting therefrom the Town ship of South Monaghiin). 17. East Riding of Durham. 1^. West l{iitone, Stamford, Thorold, and Willoughby, and the Villages of Chippewa, Clifton, Fort Erie, Thorold, and Wellaud. 161 [No. 46.J British North America. [80 & 81 Vict.] A.D. 18G7. A .if 67. Tho County of Peel to consist of the Townships of Chingua- cousy, Toronto, and tho Gore of Toronto, »ud the Villages of Brampton and Strectsvillo. 68. Tho County of Cardwell, to consist of the Townships of Albion and Caledon (taken fVom tho County of Peel), and the Town- ships of Adjala and Mono (taken from the County of Sirncoe). The County of Simcoe. divided into two Ridings, to be called respec- tively the South and North Ridings: — 69. Tho South Riding to consist of the Townships of West Gwillimbury, Tecumseth, Innisfil, Essa, Tosorontio, Mulniur, and the Village of Bradford. 70. The North Riding to consist of the Townships of Nottawasaga, SunLidale, Vespra, Flos, Oro, Medonte, Orillia and Matchedash, Tiny and Taj', Balaklava and Robinson, and the Towns of Barrie and Collingwood. The County of Victoria, divided into two Ridings, to be called respec- ts c'y the South and North Ridings: — 71. The South Riding to consist of tho To* nshipof Ops, Mariposa, Emily, Verulam, and the Town of Lindsay. 72. The North Riding to consist of tho Townships of Anson, Bexloy, Carden, Dalton, Digby, Eldon, Fenelon, Hindon, Lax- ton, Lutterworth, Macaulay and Draper, Sommervillo and Morrison, Muskoka, Monck and Watt (taken from the County of Simcoe), and any other surveyed Townships lying to tho North ot the said North Riding. The County of Peterborough divided into two itidings, to be called respectively tho West and East Ridings: — 73. The West Riding to consist of the Townships of South Monaghau (taken from tho ('ounty of Northumberland) North Monaghan, Smith and Eunlsmore, and the Town of Peter- borough. 74. The East Riding to consist of tho Townships of Asphodel, Belmont, and Mctliuen, Duro, Dummer, Galway, Harvoy, Mlnden, Stanhope and Dysart, Otonabcc, and vSnowdcn, and the Village of Ashburnham, and any otlicr surveyed Town- ships lying to the North of the saitl Last Riding. The County of JIastiugs divided into Three iJldings, to bo called re- spectively the West, East, and North Itidlngs :— 75. Tho West Riding to consist of tho Town of ItellevlUe, the Township of Sydney, and the Village of Trenton. 76. The East Riding to consist of the Townships of Thurlow, Tyendlnaga, and Hungerlord. 77. The North Riding to consist of the Townships of ISawdon, Huntingdon, Madoc, Elzevir, Tudor, Marmora, and Lake, and the Village ot Sterling, and any other surveyed Townships lying to the North of the Kald North Hiding. 78. The County of Lennox to coi.sist of the Townships of Jiicli- mond, Adolphustown, North Fredericksburg, South FrodcrklvH burg, Ernest Town, and Amherst Island, and tho Village of Napanee. 79. The county of Addlngton to consist of tho Townships of Camden, Portland, Shofflold, Hinchinbroko. Kaladtir. Konnebec, Ohb'n. Oso, Anglesoa, Itai'rli'. Chiroiidon, I'alnuM'Hion. Klliii^iiiini A blngcr, Miller, ('anont<, Denbigh, Loughborough, and liudford. 162 Vict.] hingua- lagcs of Albion Town- irncoo). rospec- [80 & 81 ViOT.] British North America. iwasaga, chcdash, 'owns of rcspec- [No. 45.] 80. The County of Frontenac to consist of the Townships of Kings- ton, Wolf Island, Pittsburg and Howe Island, and Storrington. The County of Renfrew, divided into Two Eidings, to be called respectively the South and North Hidings : — 81. The South Riiling to consist of the Townships of McNab, Bagot, BlithfiuM, Brougham, Horton, Admaston, Gratton, Mata- watcan, Griffith, Lyndoch, Haglan, Iladcliffe, Brudenell, Sebas- topol, and the Villages of Arnprior and Renfrew. 82. The North Riding to consist of the Townships of Ross, Bromley, Westmcath, Stafford, Pembroke, Wilberforce, Alice, Petawawa, Buchanan, South Algona, North Algona, Frascr, McKay, Wylie, Rolph, Head, Maria, Clara, Haggerty, Sherwood, Burns, and Richards, and any other surveyed Townships lying North- westerly of the said North Riding. Every Town and Incorporated Village existing at the Union, not specially mentioned in this Schedule, is to be taken as part of the County or Riding within which it is locally situate. A. D. 1867. THE SECOND SCHEDULE. Electoral Districts of Quebec specially fixed. Counties of — Pontiac. Shefford. Ottawa. Stanstead. Argcnteuil. Compton. Huntingdon. Wolfe and Richmond. Missisquoi. Megan tic. Brome. Town of Sherbrooko. THE THIED SCHEDULE. Provincial Public Works and Property to be the Property of Canada. 1. Canals, with lands and water power connected therewith. 2. Public Harbours. 3. Lighthouses and Piers, and Sable Island. 4. Steamboats, Dredges, and Public Vessels. 5. Rivers and Lake Improvements. 6. Railways and Railway Stocks, Mortgages, and other debts due by Railway Companies. 7. Military Roads. 8. Custom Houses, Post Offices, and all other Public Buildings, except such as the Government of Canada appropriate for the use of the Provincial Legislatures and Governments. 9. Property transferred by the Imperial Government, and known as Ordnance Property. 10. Armouries, Drill Sheds, Military Clothing and Munitions of War, and Lands set apart for general public purposes. 163 A. D. 1867. [No. 46.] Britiah Horth Ameriea. [80 ft 81 Vict.] THE FOURTH SCHEDULE Lowor Canada. Asaeta to be the Property of Ontario and Quebec eor^ointfy. Upper Canada Building Fund. Lunatic Asylums. Normal School. Court Houses, in Aylmer, Montreal, Eamouraska. Law Society, Upper Canada. • Montreal Turnpike Trust. University Permanent Fund. Royal Institution. Consolidated Municipal Loan Fund, Upper Canada. Consolidated Municipal Loan Fund, Lowor Canada. Agricultural Society, Upper Canada. Lower Canada Legislativo Grant. Quebec Fire Loan. Tamisconata Advance Account. Quebec Turnpike Trust. Education — East. Building and Jury Fund, Lower Canada. Municipalities Fund. Lower Canada Superior Education Income Fund. THE FIFTH SCHEDULE. Oath of Allegiance. I, A. B., do swear, that I will bo faithful and bear true Allegiance to Her Majesty Queen Victoria. Ifote. — 7%e name of the King or Queen of the United Kingdom of Qrent Britain and Ireland for th time Iming is to be substituted from time to time, with proper terms of reference thereto. Declaration of Qualification. I, A, B., do declare and testify, that I am by Law duly qualified to be appointed a Member of the Senate of Canada [or as the rase may be"], and that I am legally or equitably seised as of Freehold for my own UBO and benefit of Lands or Tenements held in free and common Socage [or seised or possossod for my own use and benefit of Lands or Tene- ments hold in Franc-allou or in Eoturo (^as the case may be),"] in the Province of Nova Scotia [or as the rase may be'] of the value of four thousand dollars over and above all rents, dues, debts, mortgages, charges, and incumbrances due or payable out of or charged on 'or affecting the same, and that I have not collnsively or colourably obtained a title to or become possessed of the said Lands and Toncmonts, or any part thereof, for the purpose enabling me to become a .Mumber of the Senate of Canada [or as the rase may be}, and that my real and personal property aro together worth four thousand dollars over and above my debts and liabilities. 164 [80 ft 81 ViOT.] Vice-Admiralty Cnurls Amendment. [1^0.46.] No. 46. An Act to extend and amend the Vice-Admiralty Courts Act, A. D. 1867. 1863. — [Ibth July, 1867.] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Tem- poral, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — 1. This Act may be cited for all purposes as the " Vice-Admiralty Short Title. Courts Act Amendment Act, 1867." 2. This Act shall be read as one Act with the " Vice- Admiralty 26 k 27 Vict. c. 24. Courts Act, 1868." "pp"*"*- 3. In the interpretation and tor the purposes of this Act (if not interpretation of inconsistent with the context or subject matter) the tbllowing terms te"""'- shall have the respective meanings hereinafter assigned to them ; that is to say, "Judge" shall mean the person lawfully appointed by the Admiralty to be Judge of any Vice-Admiralty Court, or, in default of such appointment, the Chief Justice or principal Judicial Officer, or the person for the time being lawiiilly authorized to act as the Chief Justice or principal Judicial Officer in the British possession in which such Court is established : "Judicial pc.vers" shall mean all powers and authorities which may be lawfully exercised by, and all duties by law imposed upon, any such Judge in the trial, hearing, or progress of any cause : "Ministerial powers" shall mean all powers and authorities which may be lawfully exercised by, and all duties by law imposed upon, any such Judge, not included under the term "judicial iwwers:'' "Sit" or sitting shall mean sit or sitting for the exercise of judicial powers, whether in Court or in Chambers. 4. On the Governor of any British possession, who is also Vice- Tenure of office of Admiral thereof, vacating the office of Governor of such possession, Vice-Admirni. the office of Vice-Admiral of the same possession shall thereupon be deemed to be also vacant within the meaning of the third section of the "Vice-Admiralty Courts Act, 1863." 5. The Judge of any Vice-Admiralty Court may from time to ju^ge may appoint time, with the approval in writing of the Governor of the British Deputy Judges. 16^ [No. 46.] Viee-Admiraliy (hurts Amendment. [80 A 81 Viot.1 A. I). 1867. Judictkl powers of Deputy Judges. Deputy Judges may ait separately. Judge may sit with Deputy Judges. Judge to regulate the proceedings. Tenure of office of Deputy Judges. Judge may delegate mioisterial powers. Judge may appoint Deputy Rcgistrnri! and Marshals. Admiralty may re- voke appointments. Deputies to receive fees. possession in which the Court is established, appoint one or more Deputy Judge or Judges to assist or represent him in the execution of hi 8 j udicial powers. 6. It shall be lawful for any such Deputy Judge to exercise all the judicial powers of the Judge ; and all acts done by such Deputy Judge shall be as valid and effectual, to all intents and purposes, as if they had been done by the Judge ; and all orders or decrees made by such Deputy Judge shall be subject to the same right of appeal in all respects as if they had been made by the Judge. 7. Any Deputy Judge may sit at the principal seat of Govern- ment or elsewhere in the possession at the same time that the Judge or any other Deputy Judge is sitting, and either at the same or at any other place in such possession, and whether the Judge is or in not at that time within the possession. 8. The Judge may, if he thinks fit, require any such Deputy Judge or Judges to sit with him in the same Court, and in sucli case the decision of the majority, or, if they are equally divided in opinion, the decision of the Judge, shall be the decision of the Court; and such decision shall be subject to the same right of appeal in all respects as if it had been made by the Judge alone. 5^. The Judge may direct at what place and time any such Deputy Judge shall sit, and what causes shall be heard before him, and generally make such arrangements as to him shall seem proper as to the division and despatch of the business of the Court. 10. The Judge may, if he thinks fit, with the approval in writing of the Governor, at any time revoke the appointment of any such Deputy Judge or Judges, but the appoiutment shall not be deter- mined by the occurrence of a vacancy in the office of the Judge. 11. The Judge may, if he thinks fit, from time to time delegate all or any of his ministerial powers to any such Deputy Judge or Judges. 12. The Judge may from time to time, if he thinks fit, appuiiit any competent persons to act respectively as Deputy Registrars ami Deputy Marshals of the Court, and may, if he thinks fit, at any time revoke any such appointment, but the appointment shall not be determined by the occurrence of a vacancy in the office of the Judge. 13. Notwithstanding anything contained in this Act, it shall be lawful for the Admimlty, if they think fit, at any time to revoke the appointment of any Deputy Judge, Deputy Registrar, or Deputy Marshal appointed under this Act. 14. An}- Deputy Judge, Deputy Registrar, or Deputy Marshal, appointed under this Act, shall be entitled to the same fees in 166 [81 A 82 ViOT.J Docnmentar}! Evidence. |[No. 47.] respect of any duty performed by him as would be lawfully payable to the Judge, RcL'istrar, or Mai-shal respectively for the performance of the same duty. A. !)• 1867. (.'stiibllsh II Vice- Ailrairally Court in n possession liaviii|t''lcgislntive powers. 15. All persons e»ititled to practise as advocates, barristers-at-law, Httrristers and proctors, attorneys-iit-law, or solicitors in the Superior Courts of a fo^prlclueTirvke- British possession, shall be entitled to ])ractiHe in the same re."' ootive Admirnity Couru. capacities in the Vice-Admiralty Court or Courts of such possession, and shall have therein all the rights and privileges respectively belonging to advocates, burristers-iit-law, proctors, attorneys-at-law, and solicitors, and siiall in like manner be subject to the authority of the person for the time being Inwtully exercising the office of Judge of such Court. 16. It shall be lawtul for Her Majesty to empower the Admiralty, Hcr Majesty may by commission under the i;reat seal, to establish one or more Vice- Admiralty Courts in any British possession, notwithstanding that such possession may have previously accjuired independent Legis- lative powers; and the jurisdiction and authority of all the existing Vice-Admiralty Courts are hereby declared to be confirmed to all intents and purposes, notwithstanding that the possession in which any such Court has been established may at the time of its estab- lishment have been in possession of Legislative powers. 17. The "Vice-Admiralty Courts Act, 1863," shall, together with Extended to the this Act, ai»ply to any Vice- Admiralty (.'ourt now established or ^"■n"* Settlement*, hereatter to be established in the Stmita Settlements. 18. The limitation of the time allowed for appeals contained in 26 & 27 Vict. c. 24. the twenty-third section of the "Vice-Admiralty Courts Act, 1868," '• 23. exten.led to •' " . iippeiils from Vice- shall be held to apply to all decrees or orders pronounced in any Admirniiy Conrts Vice- Admiralty Court now establishent Her Majesty and any Printer pur|>orting to be the Printer Print"" authorized to print the Statutes, Ordinances, Acts of State, or other public Acts of the Legislature of any British Colony or Possession, or otherwise to be the Government Printer of such Colony or Possession : "Gazette" shall include the London Gazette, tho Edinburgh uott^cite." Gazette, and the Dublin Gazette, or any of such Gazettes. 6. The provisions of this Act shall be deemed to be in addition Act to be cumulu- to, and not in derogation of, any powers of proving documents given ''''^• by any existing Statute or existing at Common Law. ' liegislatiirc.'' ill m m 169 (No. 48.] Hudson's Bey Company. [31 & 32 Vict.] A. D. 1868. SCHELULE. Column 1. Namefl of Dopurtmeiit or Officer. Column 2. Name ot Certifying Officers. Tho Commission rsoftho rreasiiry. Any Com»niH8ionii', Secretary, oi- Assistant Secretary of the Treji- sury. T^ho CommisFiionors for executing the Office of Lord High Admiral. Airy of tho ComniissioiierH for exe- cuting the office of Lorl Higii Admiral, or cither of lii' .Secre- taries to tho said Comni .^sioucrs. Secretaries of State. Any Secretary or Under Secr^^^V/ of State. Committee of Privy Council for Trade. Any Memlier of tho Committee ol Privy Council for Trade or anj Secretary or AHsistant Socr«tnry of tU<" daid Conmiittce. The Poor Law Board. Any Commissioner of the I'our Law Board or anj' Secretary or AshIm taut Secretary of tho said Board. A.r>. 1868. Rci-itiil nf ('iiiirlri of lliidei, 's lliiv Compnny. 22 Ciir. ; No. 48 An Act for enabling Ilor Majesty to acr<>pt » .surrender upon terms of the lands, privilogen, and rights oi" ' Tho (lovernor and Company of Adventtnvr.s of England trading into Hud- son's Bay," and for admitting the same into the Dominion of Canada. [iWsf .hibj, 18(18.) WIIEIiK.VS by ci-rtain Lottor.s rutont granted l)y Mix hite Majesty King Charles t!,c Socoml in the. Iwcnty-setoMil yi'ar ot Ills reign, ^'ortnin personrt theroin iiiiincMl wore incorimriitiMl liy the nunu! ot" "Tho Uovornor and ('i)ni|iaiiy of A(l\enlmor,'< ol Kiighnid tniding int() lliitLsoii's Ihiy," and '■ -in lands niid lerii- torie«, riglilb of Uuvornmenl, and other rigii ■, [irivileguH, libertie.s, 170 [81 & 32 Vict.] ITndmn's Buf/ Conipani/. [TSo. 48.] franchises. ])0\vers, mid uutliontics, were tlioivln- granted, or pnr- ^\ p \gfig_ ported to bo granted, to the said (Jovernor and Corupanj' iu His — Majesty's Dominions in North Amerira : And whereas bv the " Britisli North America Act, 1867," it was (amongst other things) enacted tlial it sIionirurth-wostorn Territory, or either ot them, into tiie LTnion on sueli terms and conditions as are in the Address expressed and as Her Majesty tiiinivs tit to ap- prove, subject to the jirovisions of the said Vet : And wherea- tor tlio jturpose of carrying into oit'ect tlie provi- lU'cUui (.rngroemcnt sionsofthe said " Briiisli Norlli America Act, 1867," and of ad- '" ""'■'■""''■'• mitting Uupert's Land into the said Dominion as atoresaid, upon sucli terms as Her Majesty thinks lit to approve, it is expedient that the said lands, territories, rights, privileges, liberties, franchises, powei-s, and auth(jrities, so far as t!io same have been lawfully granted to the said t'omimny, should i»o .■-iMtendered to Her Majest}', Her heirs and suceessors, mion such terms and ct)nditions as may be agreed upon by and between Her Majesty and the suid Governor and Company as hereinafter nu'utioned: Be it therelore enacted by the (iueen's u'ost Kxcellent ^hljesty, by and with the adviee and consent of the Lords S[)iritiial and Temporal, and Commons, in this present L'arliauicnt assembled, and bv the authoritv ui he same, as follows: — 1. This Vci umy be eited as " Unport"s L|ikI A lo Miccpi •' • _ •• J ,/ , snricndci' of li\iul«, under Her sign manUiii and signet to ac<'ept a .-*urrender of all ^r .*(•., of the eompmiy any ot the lands, t'l'ritiiries, riglils, pnvilrges, Mlierties. tranchises, ' powers and authorities Avhatsoever grantetl or purported to be granted by the said letters patent to the s;dd Govern(»iaii(l eoinpaiiy within Kiiiicrt's Land, upon sudi terms and coiiditions ;(,■> shall be agreed ujion by and between Her Majesty and the said (iovernor and company; provided, hmvever, that siu-li surrender shall not be acieptcd \>\ Her Majesty until tli" terms ami conditions upon which Rnpeit's J.any Jler Majesty and eiubudied in an address to lier Majesty troin liotn the Houses of the railiamcut ot Canada ill |iiii'siianee of the one limidred and fori^\ sixth .set'tion of the •' hritisli Noith Ameiica Ad, 1867;" and tiiat the said suiren- 171 [No, 49.] Naturalization. [88 ViOT.] A. D. 1868. 4 Extin|;ui8limeiit of ull rights of the coiiipiiny. Puwer to Her Mnjcs- ty by Order in Council to ndinil Kiipcrl's Land into •nd form pnrt of the Dominion of Ciinnda Jurisdiction of pre- sent Courts and offi- cers continued. der and acceptance thereof shall be luiP and void unless within a month from the date of such acceptance Her Majesty does by Order in Council under the provisions ot the said last recited Act admit Rupert's Lend into the said Dominion; provided further that no charge shall be imposed by such terms upon the consolidated fund of the United Kingdom. 4. Upon the acceptance by Her Majesty of such surrender all rights of Government and proprietai-y rights, and all other privi- leges, liberties, franchises, powers and authorities whatsoever, granted or purported to be granted by the said letters patent to the said Governor and company within Rupert's Land, and which shall have been so sm-rendered, shall be absolutely extinguished; provided that nothing herein contained shall prevent the said Governor and company from continuing to carry on in Rupert's Land or else- where trade and commerce. 5. It shall be competent to Her Majesty by any such Order or Orders in Council as aforesaid, on address Irom the Hou-ses of the Parliament of (Canada to declare that Rupert's Land stiall, from a date to be therein mentioned, be admitted into anle(l, and by the authority of the same, as loUows ; — 172 [88 ViOT.] Naturaligation. [Vo. 48.] A. D. 1870. 1. This Act may be cited for all purposes as " The Naturalization — Act, 1870." Short Title. Status of Aliens in the United Kinqdom. 2. Real and personal property of every deecription may be taken, Capriciiy oinn alien acquired, held, and disposed of by an alien in the same maimer in "* '" i"'oi""^'y all respects as by a natural-born British subject; and a title to i-eal and personal property of every description may be derived thiough, from, or in succession to an alien in the same manner in all respects as through, from, or in succession to a natural-born British subject : Provided, — (I.) That this section shall not confer any right on an alien to hold real property situate out of the United Kingdom, and shall not qualify an alien for any office, or for any municipal, liavlimuentary, or other franchise: (2.) That this section shall not entitle an alien to any right or privileg^i us a British subject, except such rights and privi- leges in respect of property as are hereby expressly given to him : (8.) That this section shall not affect any estate or interest in real or perstnial property to which any person has or may become entitled, either mediately or immediately, in posses- sion or oxptMtancy, in pursuance of any disposition made before the passing of this Act, or in pursuance of a y devolu- tion by law on the death of any pei-sou dying before the passinu: of this Act. 3. Where Her Majesty has entered into a convention with any !.„„.,,. „,• „|„„r„i. foreign state to the effect that the subjects or citizens of that state ''"'' "''"^^i'' "> 'livist who iiave been luituiiilized as British subjects may divest themselves =iauis in ctnain of their status as sui h subjects, it shall be lawful tor Her Majesty, *-'"'**• by Order in Council, to declare that such convention lias been entered into by Her Miijesty; an/1 t*r<^said. A declaration of .'ilictia)^*' m^y be niudtf m follows, that is to say, — If the declHr*** im m the (nited Kingdoft^, in the presence of any Justice of the I'em*-. it eWwln/^m t^ev Majesty's dominions, in tlie presence of any .Jiidj*;* *•, pki' ' in vrhich the declarant is to 178 [No. 40.] Natitralizatim. [88 ViCT.T How Uritiiili-Jinrii subject iniiy cpftse to he such. Alivii not cntitlvil A. D. 1H70. administer an oath for any judicial or other le^al purpose ; if out of Her ^^aje8ty's dominions, ir) the ])rc'Heiice of aiiy officer iu the diplomatic or consular service of ller Majesty. 4. Any person who hy reiiHon of his having heen born within the dominions of Iler Majority is a natuial-born .subject, but who also at the time of his birth became under the law ot any foreign state a subject of such state, and is still such subject, may, if of full age and not under any disability, make a declaration of alienage in manner aforesaid, and from and lifter the making of such declaration of alienage such person phail cease to bo a J')riti8h subject. Any person who is born out of Iler Majesty's dominions of a father being a British subject may, if of full age, and not under any disability, make a declaration of alienage in matuier aforesaid, and from and after the making of such declaration shall cease to bo a British subject. 5. From and after the passing of this Act, an alien shall not be to jury .ic medictftte entitled to be tried by a jury de mediotate linguse, but shall be triable in the same manner as if he wore a natural-bom subject. Uxpatrration. Cnpacitv o( liritisii 6. Any British subject who has at any time before, or may at any jui.jpct to riMioiincc i\jqq after tho imssina; of this Act, wlioii in any foreij'n state and not Majesty. Under any di.sability, voluntarily hecnnu* naturalized in such state, shall, from and alter the time of his so having bc(!ome naturalizeil in snch foreign state, bo deemed to have ceased to Iw a British subject and be regarded as an alien : Provided, — (1.) Tliat where any British sulijcct lias bi'foro the iiasning of this Act voluntarily become naturalized in a foreign state and yet is desirous of remaining a British subject, ho may, at any time within two years j'.ftci' the passing of this Act, make a declaration that he is (U>sirous of rcnmining a British subject; and ujion such (lechiration, hcrcinalter retcrred to its a declar- ation of British nationality, being made, and upon his taking the oath ot allegiance, the declarant shall be deemed to be and to have Ixen eoiitinnally a British subject; with this qualifieation, that he shidl not, when within the limits of tlie foreign stiite in which he has been naturalized, be deemed to be a British >al Secretaries of State, either by general order or on any special occasion, has lesided in the United Kingdom tor a term of not le&s than five years, or has been in the service of the Crown for a term of not less than five years, and intends, when naturalized, either to reside in the United Kingdom, or to serve under the Orowu, may apply to one of Her Majesty's Principal Secretaries of St.T,te for a certificate of naturalization. The applicant sliall adduce in support of his application such evidence of his residence or service, and intention to reside or serve, aa such Secretary of State may require. The said Secretary of State, if satisfied with the evidence adduced, shall take th(> case of the applicant into consideration, and may, with or without assigning any reason, give or withhold a certitiaite as he thinks most con- / ducivo to the public good, and no appeal shall lie from his decision, but such rertificate shall not take effect until the api)licjint lias taken the oath of allegiance. An alien tu whom a ccrtifii'iite of naturalization is giaiittil shall in the United Kingdom l)C entitled to all political and other rights, powers, and privileges, and be subject to all obligations, to wiiich a uatural-born British suliject is entitled or siil)jcct in tho Tuited Kingdom, with this (lualilicatiou, that he shall not, when within the limits of the foreign st;itc of wliicth he was a subject previously to obtaining bis eertiiieate t)f naturalization, be deemed to bo a British subject, unless ho has ceased to be a subject of tliat state in pursuance of tho laws thereof, or ii\ pui'suanee of a treaty to that eftect. The said Secretary ot State nuiy in manner aforesaid giimt a special certificate of naturalization to any person witii respect to whose nationality as a British subject a doubt exists, and he may specify in such certificate tiii't the grant tiiereot is ma>ion tliaf tho person to whom it was gran^'^d was not prcviou^!y a Briti>li ^-ubjcct. An alien who has liceii nntinaiizcil jiiHviousjy to the passing of this Act may a|i|il\ l-i tiio Secietuiv •f State Im .. ce;tilicate of 176 A. D. 1870. ("prlififiile of iia- turnliziition. pJo. 4».] Naturalixatim. [88 ViOT.] A. D. 1870. CertififBto of rc- nilmission to Britisli iiationnlity. Form of oath of Hllaftjinuf. naturalisation under this Act, and it shall be lawful for the said Secretary of State to grant such certificate to suoh naturalized alien upon the same terms and subject to the same conditions in and upon which such certificate might have been granted if such alien had not been previously naturalized in the United Kingdom. 8. A natural-bom British subject who has become an alien in pursuance of this Act, and is in this Act referred to as a statutory alien, may, on performing the same conditions and adducing the same evidence as is required in the case of an alien applying for a certificate of nationality, apply to one of Her Majesty's Principal Secretaries of State for a certificate hereinafter referred to as a certificate of re-ndniission to British nationality, re-admitting him to the status of a British subject. The suid Secretary of State shall have the same discretion as to the giving or withholding of the certificate aa in the case of a certificate of naturalization, and an oath ot allegiance shall in like manner be required previously to the issuing of the certificate. A statutory alien to whom a certificate of re-admission to British nationality luis l)eeii granted shall, from the date of the certificate of re-ari;i ut-v heirs and succeb^ors, according to law. ISo help me iHfij." Natiomd xluimt nf married wornev and infant Niili(Mi>il sliilti4 lit niiirrioil wiiiiifii mill iiirmit cliiliri'ii. 10. The following enactments shall be made with respect to the national status ot women and children : (1.) A mariied wnniau shall be who during infancy has become resident in the country where tlie father or mother is naturalized, and has, according to the laws of such country, become naturalized therein, shall be deemed to be a subject of the state «>f which the father or mother has become a subject, and not a British subject '. (4.) Where the father, or the mother being a widow, has obtained a certificate of re-admission to British nationality, every child of such fifither or mother who during infancy has become resident in the British dominions with such fiither or mother, shall be deemed to have resumed the [losition of a British subject to all intents : (6.) Where the father, or the mother being a widow, has obtained a certificate of naturalization in the United Kingdom, every cliiJd of such father or mother who during infancy has become resident with such father or mother in any part of the United Kingdom, shall be deemed to be a naturalized British subject. Supplemental Provisions. 11. One of Her Majesty's Principal Secretaries of State may by npuuintions as to regulation provide for the tbllowing matters : — regist.anon. (1.) The form and registration of declarations of British nation- ality : (2.) The form and registration of certificates of naturalization in the Un;*od Kingdom : (3.) The form and registration of certificates of re-udmission to British nationality : (4.) The form and rejristration of declarations of alienage : (5.) The registration by officers in the diplomatic or consular service of Her Majesty of the births and deaths of British subjects who may be born or die out of Ilcr Majesty's dominions, and of the marriages of persons married at any of Her Majesty's embassies or legations : (6.) The transmission to the United Kingdom for the purpose of registration or safe keeping, or of being produced as evidence, 177 ^p^ A. D. 1870. ReguIntioDt as to evidence. i [No. 49.] Naiuralization. [88 Vict.] of any declarations or certificateB made in pursuance of this 'Act out of the United Kingdom, or of any copies of such declarations or certificates, also of copies of ontries contained in any register kept out of the United Kingdom in pursuance of or for the purpose of carrying into effect the provisions of this Act : (7.) With the consent of the Treasury the imposition and appli- cation of fees in respect of any registration mithorized to be made by this Act, and in respect of the making any^ declaration or the grunt of any certificate authorized to be made or granted by this Act. The said Secretary of State, by a further regulation, may repeal, alter, or add to any regulation previously made by liini in purHUuncc of this section. Any regulation made by tlie said Secretary of State in pursuance of this section shall be deemed to bo within the powers conferred by this Act, and shall be of the same force us if it liud been enacted in this Act, but shall not so far as respects the imposition of fees be in force in any British possession, and shall not, so far as respects any other matter, be in force in any British possession in which any Act or Ordinance to the contrary of or inconsistent with any such direction may for the time being be in force. 12. The following regulations shall be made with respect to evidence under this Act : — (1.) Any declaration authorized to be made under this Act may be proved iu any legal proceeding by the production of the original declaration, or of any copy thereof certified to be a true copy by one of Her Majesty's Principal Secretaries of State, or by any person authorized by regulations of one of Her Majesty's Principal Secretivries of State to give certified copies of such declaration, and the production of such declar- ation t)r copy shall bo evidence of the pcisoi! therein named an declarant having made the same at the date in the said declaration mentioned : (2.) A certificate of naturalization may be proved in any legal proceedin;^ by the production of the origini'.l certificate, or of any copy thereof certified tr bo a true copy by one of Her M^osty's Principal Secretaries of State, or by any person authorized by regulations of one of Her Majesty's I'rincipal Secretaries of State to give certified cojaes of such certificate: (3.) A certificate of re-admission to British nationality may be proved in any legal proceeding by the production of the original certificate, or of any copy tliereof ceitifiotl to be a true copy by one of Her Majesty's Principal Secretaries of 178 ii.iii Vioi.] of this f Buch tnined •suance Ions of appli- ized to ng any, to be repeal, irsiiaiicc irsiiaiice )iiterred etiactcd fees be respects lich any my BUch SBpect to A.ct raay n of the to be a taries of f one of certified h declar- n named the Haid ny lejyal lite, or of (.f Iler y perrtoii L'rincipiil rtitit-atc: may lie II of the il to be a turieH of [88 Vict.] Naturalization, [No. 48.] State, or by any person authorized by regulations of one of \, d. 1^70. Her Majesty's Principal Secretaries of State to give certified — copieB of such certificate : (4.) Entries in any register authorized to be made in pursuance of this Act shall be proved by such copies and certified in such manner as may be directed by one of Her Majesty's Principal Secretaries of State, and the copies of such entries shall be evidence of any matters by this Act or by any regulation of the said Secretary of State authorized to be inserted in the register : (5.) The " Documentary Evidence Act, 186>»," shall apply to any regulation made by a Secretary of State, in purnuance of or for the purpose of carrying into effect any of the provisions of this Act. Miscellaneous. 13. Nothing in this Act contained shall affect the grant of letters Saviog ofietten of of denization by Her Majesty. deniB«tion. 14. Nothing in this Act contained shall qualify an alien to be the Saving m to Britif b owner of a British ship. •''•P*- 15. Where any British subject has in pursuance of this Act Saving of niiegianc* become au alien, he shall not thereby be discharged from any liabil- {J^'""" "* **?""■'"• ity in respect of any acts done before the date of his so becoming an alien. 16. All laws, statutes and ordinances which may be duly made Power of coionin by the legislature of any British possession for imparting to any JesnTct'to natural- person the pi-ivileges or any of the privileges of naturalisation, to izntion. be enjoyed by such person within the limits of such possession, shall within such limits have the authority of law, but shall be sulv ject to be confirmed or disallowed by Her Majesty in the same man- ner and subject to the same rules in and subject to which Her Majesty has power to confirm or disallow any other laws, statutes or ordinances in that possession. 17. In this Act if not inconsistent with the context or subject Definition of t«nn«. matter thereof — " Disability " shall mean the status of being an infant, lunatic, idiot, or married woman. *' British possession " shall mean any colony, plantation, island, territory or settlement within Her Majesty's dominions, and not within the United Kingdom, and all territories and places under one legislature are deemed to be one British possession for the pui-poses of this Act: "The Governor of any British possession" shall include any per- son exercising the chief authority in such possession: 179 I- [Vo. 4».] NatunUixation. [88 Vioi.] A. D. 1870. ** Officer in the Diplomatic Service oi Her Mf^esty " shall mean •■" any ambassador, minister or charge d'affaires, or secretary of legation or any person appointed by such ambassador, minister, charge d'affaires or secretary of legation to execute any duties imposed by this Act on an officer in the diplomatic service of Uer Majesty: "Officer in the Consular Service of Her Majesty" shall mean and include consul-general, consul, vice-consul and consular agent, and any person for the time being discharging the duties of consul-general, consul, vice-consul and consular agent. t Repeal of Acts mentioned in Schedule. ReptAi of Aoti. 18. The several Acts set forth in the first and second parts of the Schedule annexed hereto shall hb wholly repealed, and the Acts set forth in the tliird part of the said Schedule shall bo repealed to the extent therein mentioned; provided that the repeal enacted in this Act shall not affect — (1.) Any right acquired or thing done before the passing of this Act: (2.) Any liability accruing before the passing of this Act: (S.) Any penalty, forfeiture or other punishment incurred or to be incurred in respect of any offence committed before the pass- ing of this Act: (4.) The institution of any investigation or legal proceeding or any other remedy for ascertaining or enforcing any such lia- bility, penalty, forfeiture or punishment as aforesaid. SOHEDULBS. Nora. — Reference is made to the repeal of the "whole Act" where por- tions have been repealed before, in order to preclude hencetbrth the necessity of lookicg back to previous Acts. This Schedule, so far as respects Acts prior to the reign of 6eorgo the Second, other than Acts of the Irish Parliainont, refers to the edition prepared under the direction of the Kecord Commission, intituled "The Statutes of the Realm; printed by command of His "Majesty King George the Third, in pursuance of an Address of " the House of Commors of Great Britain. From original Records " and authentic Manuscripts." 180 [88 VioT.] Naturalization. [N«. 48.] PARTI. A. D. 1870. Acts wholly Bspealed, other than Acts or the Irish Parliament. Date. 7 Jas. 1. c. 2 11 Will. 3. c. 6 (rt.) 13Qeo. 2.0.7... 20 Goo. 2. c. 44 . 13 Goo. 3. c*. 25 . 14 Geo. 3. c. 84 . IG Geo. 3. c. 52 . 6 Goo. 4. c. 67 7 & 8 Vict. e. (16 .... JO & 11 Vict. c. 83 , Title. .An Act that all such as are to bo nnturnlizod or restorcci in bloo> A. D. 1870. j^o. Sb.j Oaths of Allegiance on Kaluralization. [83 & 34 Vict.] PART II. AoTS OP THE Irish Parliament wholly Repealed. 14 & 15 Chas 2. c. 13..Au Act for encouraging Protestant strangers and other to inhabit and plant in the Kingdom of Ireland. 2 Anne, c. 14 , An Act for naturalizing of all Protestant strangers in this Kingdom. 19 & 20 Geo. 3. c. 29.. .An Act for naturalizing such foreign merchants, traders, artificers, artizans, manufacturers, workmen, seamen, farmers and others as shall settle in this Kingdom. 23 & 24 Geo. 3. c. 38. 36 Geo.* 3. c. 48 .An Act for extending the provisions of an Act passed in this Kingdom in the nineteenth and twentieth years of His Majesty's reign, inti- tuled "An Act for naturalizing such foreign " merchants, traders, artificers, artizans, man- " ufacturers, workmen, seamen, farmers, and " and others as shall settle in this Kingdom." .An Act to explain and amend an Act, intituled "An Act for naturalizing such foreign mer- " chants, traders, artificers, artizans, manu- "facturers, workmen, seamen, farmers, and "others who shall settle in this Kingdom." PART III. Acts Partially Repealed. Extent of Repeal. 4 Geo. 1. 0. 9 An Act for reviving, continuing, So far as makes (Act of Irish and amending several sta- perpetual the Parliament.) tutes made in this Kingdom Act of 2 Anne heretofore temporary. c. 14. 6 Geo. 4. 50. 3&4 Will. 4. c. 91. .An Act for consolidating and The whole of amencring the laws relative sec. 47. to Jurors and Juries. ...An Act consolidating and amend- The whole ing the laws relating to Ju- sec. 37. rors and Juries in Ireland. of A. D. 1870. as k 34. C. 14. No. 60. An Act to amend the Law relating to the taking of Oaths of Allegiance on Naturalization. \10th August, 1870.] WHEREAS it is expedient to amend the law relating to the taking of oaths of allegiance under the " Naturalization Act, 1870." 18S manu- [33 & 34 Vict.] Oaths of Allegiance on Naturalization. [No. 60.] Be it enacted by the Queen's most Excellent Majesty, by and A. D. 1870. witli the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, as follows: — 1. The power ol making regulations vested in one of Her J;j«°;^„fX;iVrrc.. >'Iaje8ty's Principal Secretaries of State by the " Naturalization Act, 1870," shall extend to prescribing as toUows: — (1.) The persons by whom the oaths of allegiance may be admin- istered under that Act: (2.) Whether or not su ^h oaths are to be subscribed as well as taken, and the form in which such taking and subscription are to be attested : (3.) The registratiou oi such oaths: (4.) The persons by whom certified copies of such oaths may be given : (-').) The transmission to the United Kingdom for the purpose of registration, or >afe keeping, or of being produced as evi- dence ol any oaths taken in pursuance of the said Act out of the United Kingdom, or of any copies of such oaths, also of retation of term " Governor." Power to Her Majesty by Order in Council to con- stitute a Legisla- ture. Power to ITer Mnjpsty to delegate cerlftin powers to Governor of British Columbia. 1, This Act may be cited as the " British Columbia Government Act, 1870." 2. For the purposes of this Act the term "Governor" shall mean the ofliser lor the time being administering the government of British Columbia. 8. Her Majesty may, by any Order or Orders in Council, revoke the said recited Order in Council, and may from time to time make, and when made revoke or alter, Orders in Council for constituting a Legislature consisting of the Qoverncr and a Legislative Council tor the said colony, and may by any such Order make such provi- sions and regulation:^ respecting the constitution, powers and pro- ceedings of the said Legislature or either branch thereof, the num- ber, the appointment and election of the members of the Legisla- tive Council, their tenure of office and generally in respect to such Legislature or either branch thereof, as may seem to her expedient. 4. Her Majesty may from time to time, by any such Order or Orders in Council, empower the Governor of the said colony, with or without any conditions or restrictions, by proclamations to dete^ 184 [33 & 34 Vict.] G&nstitution of Legislative Council. [No. 52.] mine the qualification of electors and of elective members of the Legislative Council and to make provision for the division of the said colony into convenient electoral districts; for the registration of persons qualified to vote, and the compilation and revision of lists of all such persons; for the appointment of mturniiig officers; for the issuing, executing and returning the necessary writs for the election of members to the said Legislative Council; for taking the poll thereat, and determining the validity of all disputed returns; and generally for securing the orderly, ettective and iraparftal con- duct of such elections, and to revoke any proclamation previously made. A. D. 1870. No. 52. Draft of an Order passed by the Queen in Council for consti- tuting a Legislative (Council for the Colony of British Columbia. A. D. 1870. At the Court at Osborne House, Isle of Wigh*, the 9th day of August, 1870. Present : The Queen's Most Excellent Majesty, Lord President, Mr. Chancellor of the Exchequer, Lord Privy Seal, Sir William Heathcote, Bart., Mr. Gladstone, Lord -Justice Mellish. IBated 9th August, 1870.] WHEREAS by the "British Columbia Government Act, 1870," Her Majesty was empowered by Order or Orders in Council to constitute a Legislature consisting of the Governor and a Legis- lative Council for the Colony of British Columbia, and to make such provisions and regulations in respect of such Legislature, or either branch thereof, as might seem to be expedient, and further to dele-^ gate certain powers therein mentioned to the Governor of the said Colony : It is hereby ordered by Her Majesty, by and with the advice of Her Privy Council, and in pursuance and exercise of the powers vested in Her Majesty by the said Act of Parliament, as follows, that is to say : — 1. In this Order in Council the term " Governor " shall mean the officer for the time being lawfully administering the Government of the Colony of British Columbia. 186 [Ko. 52.] Constitution of Legislative Council. [38 & 84 VtcT.] A. D. 1870. Legislative Council appointed. GoTernor's power to make laws. Constitution of Legislative Council, Non-electlTe members. Elective members and electoral dis- tricts. Qualification of electors and elec- tive members. Powers of Governor 2. The Order in Council of the eleventh day of June, 18G3, re- ferred to in the said Act, shall bo, and the same is hereby revoked, except that the Legislative Council constituted by the said Order shall, " unless first dissolved by the Governor," retain all the powers thereby granted to it in like manner as if the said Order had not been revoked until the return of the first writs of the future liegis- lative Council constituted under this Order. 8. Th«re shall be in the said Colony a Legislative Council con- stituted as hereinafter mentioned. 4. It shall bo lawful for the Governor, with the advice and consent of the said Council, to make laws for the peace, order, and good government of the said Colony. 5. The said Council shall consist of fifteen members, of whom nine shall be elective, and six non-elective. 6. The non-elective members shall consist of such persons or officers as shall from time to time be named or designated by the Governor by instruments to be 'passed under the public seal of the said Colony : Provided that every such aijpointment or designation shall be provisional only until the same shall have been confirmed by Warrant under Her Majesty's Sign ^Manual and Signet ; and that such appointment or designation shall be during Her Majesty's pleasure only, and may be revoked by like Warrant. 7. Subject to any re-arrangement and redistribution of the present Electoral Districts by the Governor under the powers hereinafter vested in him, the elective members shall be chosen by the electors of the present Electoral Districts. 8. Subject to any alteration of franchise or qualification by the Governor under the powers hereinafter vested in him, eery male of the full age of twenty-one years, being entitled within the said Colony to the privileges of a natural-born British subject, and being able to read English, shall be qualified to vote at any such election, and to be elected a member of such Legislative Council, unless he shall iiave been convicted of any treason, felony, or other infamous offence, and shall not have received a free or conditional pardon for such ofl:'ence, or have undergone the sentence passed upon him for such offence. 9. Until the- first meeting of the said Council, it shall be lawful for the Governor from time to time by Proclamation to detorinine the qualification of electors and of elective members, and to make jTovision for divisions of the said Col my into convenient Electoral Districts; for the registration of persons qualified to vote, and the compilation aud revision of Usts of all such persons; for the appoiut- [88 & 34 VioT.] Consiiiuiion of Legislative Counnil. [No. 52.] ment of Returning Officers; for the issuing, executing, and returning ^^ d_ jgyo. the necessary writs for the election of members to the said Council; tor taking the poll thereat and determining the validity of all dis- puted returns, and generally for securing the orderly, effective, and impartial conduct of such elections. 10. The Governor shall, by Proclamation as aforesaid, fix the Convoking of time and place or places for holding the meetings of the said Council. ""'"'' * Provided that the said Council shall be convoked within six months Prciso. after the publication of this Order in the said Colony, and once at least in every subsequent year. 11. The Governor may, by Proclamation as aforesaid, prorogue Prorogntion, disso- or dissolve the said Council when he shall think fit; and, in the o'tcoumIi. ""*"*" absence of such dissolution, the elected members of the said Council shall hold their seats for four years from the day of the returning of the first writs for the election of members to the said Council, and no longer. 12. If any member of the Council shall, without the permission Seats of members, of the Governor first obtanied, fail during a whole oession to give his attendance in the said Council, or shall take any oath, or make any declaration or acknowledgment of allegiance, obedience, or ad- herence to any t'oreign State or Power ; or shall do, concur in, or adopt any act whereby he may become the subject or citizen of any such State or Power, or shall become a bankrupt or an insolvent debtor, or a public defaulter, or bo attainted of treason, or be convicted of felony or any infamous crime, or shall for the period of one month remain party to any contract with the Government, or, not being an ex officio member of the Council, shall by writing under his hand, addressed to the Governor, resign his seat therein ; or if any elective member shall accept any office of emolument from the Government, his seat in the said Council shall thereupon become vacant. 13. If any uon-elective member shall be incapable of acting or be Appointment of substitute for noi elective member. absent from the Colony, the Governor may, by an Instrument to be substitute for noi^- passed under the public seal of the Colony, appoint a substitute to act dui'ing such incapacity or absence. 14. Whenever it shall be established to the satisfaction of the vacant seats liow Governor that the seat of any elected member of the Council has to bo filled up. become viicant, tlio Governor shall forthwith issue a writ for the election of a new member to serve in the place so vacated during the remainder of the toim of the continuance of such Council; but if any question hIuiII arise respecting the fact of such vacancy, it shall be referred by the Governor to the said Council, and stall be heard and determined by them. 187 [No. 62.J Constitution of Legislative Council. [83 & 84 Vict.] >;.''■! A.J). 1870. Oath of nllegiance to be adroiDistered to Legislative Councillors. A the said seace may or felony unishable shall sen- ts, nor to o that in with any dequately 11 be law- i shall be bia. md other noil shall rehension all other isable by peace so le ^bove peace in [84 ViOT.] ierms of tMoi^ [TSo. 54.] It is hereby ordered that all powers herein conferl^d on the Gov- ernor of British Columbia shall bo oxorcisablo by him so long as he shall bo in the said territories, or in tho colony of British Columbia, or in tho colony of Vancouver Island. But in case of his libseiice from all of tho said colonies all such powers shall bo oxorcfsablo by the officer administering the Government of British Colunibia. And tho Most Noble tho JJuko of Nowcnstlo, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly. (Signed) Arthur Hbi.Po. No 64. At the Court at Windsor, the 16th day of May, 1871. prbsbnt: The Quben's Most Excellent Majesty, His Royal Highness Prince Arthur, Lord Privy Seal, Earl Cowper, Earl of Kimberley, Lord Chamberlain, Mr. Secretary Cardwell, Mr. Ayrton. WHEREAS by tho "British North America Act, 1867," provision was made for the union of the Provinces of Canada, Nova Scotia and New Brunswick into tho Dominion of Canada, and it was (amongst other things) enacted that it should be lawful for the Queen, by and with the advice of Her Majesty's Most Honourable Privy Council, on Addreasos from tho Houses of the Parliament of Canada, and oi the Legislature of the Colony of British Columbia, to admit that Colony into the said Union on such terms and condi- tions as should be in the Addresses expressed, and as the Queen should think fit to approve, subject to the provisions of tho said Act. And it was ftirther enacted that the provisions of any Order in Council in that behalf should have eftecx as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Lreland. And whereas by Addresses from the Houses of the ParHament of Canada and from the Legislative Council of British Columbia respectively, of which Addresses copies are contained in the Sckfed- ule to this Order annexed, Her Majesty was prayed, by and with the advice of Her Most Honourable Privy Council, under the one hundred and tbrij -sixth section of the hereinbefore recited Act, to A.D. 1862. A.D. 1871. [No. 64.] Terms of Union. [34 Vict.] A. D. 1871. adnait British Columbia into-the Dominion of Canada, on the terms -~-~ and conditions set forth in the said Addi'esses. And whereas Her Majesty has thought fit to approve of the said terms and conditions. It is hereby ordered and declared by Her Majesty, by and with the advice of Her Privy Council, in pursuance and exercise of the powoi-s vested in Her Majesty by the said Act of Parliament, that fr^va. and after the twentieth day of July, one thousand eight hundred and seventy-one, the said Colony of British Columbia shall be admitted into and become part of the Dominion of Canada, upon the terms and conditions set forth in the hereinbe-' fore recited Addresses. And, in accordance with the terms of the said Addresses relating to the electoral districts in British Colum- bia, for which the first election of members to serve in the House of Commons of the said Dominion shall take place, it is hereby farther ordered and declared that such electoral districts shall be as follows: — "New Westminster District," and the "Coast District," as de- fined in a public notice issued from the Lands and Works Office in the said Colony on the fifteenth day of December, one thousand eight hundred and sixty-nine, by the desire of the Governor, and purporting to be in accordance with the provisions of the thii-ty-ninth clause of the " Mineral Ordi- nance, 1869," shall constitute one district, to be designated "New Westminster District," and return one member. "Cariboo District" and "Lillooet District," as specified in the said public notice, shall constitute one district, to be desig- ♦ nated "Cariboo District," and return one member. "Yale District" and "Kootenay District," as specified in the said public notice, shall constitute one district, to be desig- nated " Yale District," and return one member. ThoSuperior Courts and the County or Disti'ict Courts ; O. The charges in respect to the Department of Customs; D. The postal and telegraphic services ; E. Protection and encouragement of fisheries ; F. Provision for the militia; Q. LighthoiiBos, buoys, and beacons, shipwrecked crows, quarantine and marine hospitals, including a marine hospital at Victoria; H. The getfogical survey ; L The penitentiary ; And snch fiirther charges as may be incident to and connected with the services which by the " British -North America Act of 1867 " appertain to the General Government, and as are or may bo allowed to the other Provinces. 6. Suitable pensions, saoh as shall be approvud of by Her Majesty's CKivemment, shall be provided by the Government of the Dominion for those of Her Mi^esty's servants in the Colony whoso position and emoluments derived therofh)m would be affected by political changes on the admission of British Columbia into the Dominion of Caiuula, 7. It is agreed that the existing customs tariff and excise duties shall oontinne in force in British Columbia until the railway from tho Pacific coast and tuo system of railways in Canada arc connected, unless tho M6 [84 Viox.] TertM of Union. [Na54.] Legislature of British Columbia should sooner decide to accept the j^^ j)^ 1871. tariff and excise laws of Canada. When customs and excise duties are, — » at the time of the union of British Columbia with Canada, leviable on any goods, wares, or merchandizes in British Columbia, or in the other Provinces of the Dominion, those goods, wares, and merchandizes may, from and after the Union, be imported into ' itfritish Columbia from the Provinces now composing the Dominion, or from either of those Pro- vinces into British Columbia, on proof of payment of the customs or excise duties leviable thereon in the Province of exportation, and on payment of such furtier amount (if any) of customs or excise duties as are leviable thereon m the Province of importation. This arrangement to have no force or effect after the assimilation of the tariff and excise duties of British Columbia with those of the Dominion, 8. British Columbia shall be entitled to be represented in the Senate by three members, and by six members in the House of Commons. The representation to be increased under the provisions of the "British North America Act, 1867." 9. The influence of the Dominion Government will be used to secure the continued maintenance of the naval station at Esquimalt. 10. The provisions of the " British North America Act, 1867," shall (except those parts thereof which are in terms made, or by reasonable intendment may be held to be specially applicable to and only affect one and not the whole of the Provinces now comprising the Dominion, and except so far as the same may be varied by this Minute) bo appli- cable to British Columbia, in the same way and to the like extent as they apply to the other Provinces of the Dominion, and as if the Colony of British Columbia had been one of the Provinces originally united by the said Act. 11. The Government of the Dominion undertake to secure the com- mencement simultaneously, within two years from the date of Union, of the construction of a railway from the Pacific towards the Hooky Mountains, and from such point as may be selected, oast of the Bocky Mountains, towards t£e Pacific, to connect the seaboard of British Columbia with the railway syHtc-m uf (Januda; and further, to secure the completion of Buoh railway within ten years fi-um the date of the Union. And the Government of British Columbia agree to convey to the Dominion Government, in trust, to be appropriated in such manner as the Dominion Government may deem advisable in furtherance of the construction of the said railway, a similar extent of public lands along the line of railway throughout its entire length 'n British Columbia, not to exceed, however, twenty (20) miles on each side of said line, as may be appropriated for the same imrposo by the Dominion Govern- ment from the public lands in the north-west territories and the Province of Manitoba. Provided, that iho quantity of land which may bo hold under pre-emption right or by CVowii grant within the limits of the tract ot land •'' British Columbia lo l)c so convoyed lo the Dominion (^ovot'DiaoQt abu bo made good to thtj Doiuirijui) {row ooutiguoui^ 187 [No. 54.J Terms of Union. [84 Vicx.] ■if- ••} -h:^ 4^^! A D 1871 pttblic lands; and, provided further, that until- the commencement, ,. within two years, as aforesaid, from the date of the Union, of the con- Btruotion of the said railway, the Government of British Columbia shall not sell or alienate any further portions of the public lands of British Columbia in any other w^ than under right of pre-emption, requiring actual residence of the pre-emptor on the land claimed by him. In consideration of the land to be so conveyed in aid of the construction of the said railway, the Dominion CJovernment agree to pay to British Columbia from the date of the Union, the sum of 100,000 dollars per annum, in half-yearly payments in advance. 12. The Dominion Government shall guarantee the interest for ten years from the date of the completion of the works, at the rate of five per ce lura per annum, on such sum, not exceeding j£100,000 sterling, as may be required for the construction of a first-class graving dock at Esquimau. 13. The charge of the Indians, and the trusteeship and management of the lands reserved for their use and benefit, shall be assumed by the Dominion Government, and a policy as liberal as that hitherto pursued by the British Columbia Government shall be continued by the Domin- ion Government after the Union. To carry out such policy, tracts of land of such extent as it has hitherto been the practice of the British Columbia Government to appropriate for that purpose, shall from time to time be conveyed by the Local Government to the Dominion Government in trust for the ase and benefit of the Indians on application of the Dominion Govern- ment; and in case of disagreement between the two Governments respecting the quantity of such tracts of land to be so granted, the matter shall be referred for the decision of the Secretary of State for the Colonies. 14. The constitution of the Kxecutive Authority and of the Legis- lature of British Columbia shall, subject to the provisions of the "British North Americ& Act, 1867," continue as existing at the time of the Union until altered under the authority of the said Act, it being at the same time understood that the Government of the Dominion will readily consent to the introduction of responsible government when desired by the inhabitants of British Columbia, and it being likewise understood that it is the intention of the Governor of British Columbia, under the authority of the Secretary of State for the Colonies, to amend the existing constitution of the Legislature by providing that a majority of its members shall be elective. The Union shall take effect according to the foregoing terms and conditions ou such day as Her Majesty, by and with the advice of Her Most Honourable Privy Council, may ap]>oint (on addresses from the Legislature of the Colony of British Columbia and of the Houhos of Parliament of Canada, in tiie terms of the I46th section of the " British North A.nerica Act, 1867,") and British Columbia may in its address specify the electoral districts for wiiicli the first olcction of membcrH to serve in the House of Commons shal' tuke'plane, 198 [84 Viol] Terms of Union. [No. 64.] That such terms have proved generally acceptable to the people of this Colony. That this Council is, therefore, williiig to enter into Union with the Dominion of Canada upon such terms, and humbly submit that, under the circumstances, it is expedient that the admission of this Colony into such Union, as aforesaid, should be effected at as early a date as may be found practicable under the provisions of the 146th section of the " British North America Act, 1867.'* We therefore humbly pray that Your Majesty will be graciously pleased, by and with the advice of Your Majesty's Most Honourable Privy Council, under the provisions of the 146th section of the '• British North America Act, 1867," to admit British Columbia into the Union or Dominion of Canada, on the basis of the terms and conditions offered to this Colony by the Government of the Dominion of Canada, herein- before set forth ; and inasmuch as by the said terms British Columbia is empowered in its address to specify the electoral districts for which the first election of members to serve in the House of Commons shall take place, we humbly pray that such electoral districts may be declared, under the Order in Council, to be as follows : — That " New Westminster District," and the " Coast District," as defined in a public notice issued from the Lands and Works Office on the 16th day of December, 1869, by the desire of the Governor, and purporting to be in accordance with the pro- visions of the 39th clause of the " Mineral Ordinance, 1869," shall constitute one district, to be designated "New Westminster District," and return one member. That " Cariboo District," and " Lillooot District," as specified in the said public notice, shall constitute one district, to be designated " Cariboo District," and return one member. That "Yale District," and " Kootenay District," as specified in the said public notice, shall constitute one district, to be designated "■^^le District," and return one member. That those portions of Vancouver Island known as " Victoria Dis- trict," "E'vquimalt District," and "Moichosin District," as defined in the official maps of those districts in the Land Office, Victoria, and which maps are designated respectively " Victoria District Official Map, 1858," " Esquimalt District Official Map, 1858," and "Metchosin District Official Map, 1858," shall constitute one district, to be designated "Victoria District," and return two members. And, that all the remainder of Vancouver Island, and all such islands adjacent thereto as ^were formerly dependencies of the late Colony of Vancouver Island District, shall constitute one dis- trict, to be designated " Vancouver Island District," and return one momber. Wo further humbly represent that the proposed terms and conditions of Union of British Columbia with Canada, as stated in the said 1U9 A. D. 1871. lSr9. 64.] Jerms of Uhicn. [84 Vict I ' ^!' A )> 1871. address, are in conformity with those preliminarily agreed npon between dologatos from British Columbia and the members of the Government of the Dominion of Canada, and embodied in a Beport of a Committee of the Privy Council, approved by His Excellency the Governor-General in Council, on the 1st July, 1870, which approved report is as follows : — Copy of a Report of a Committee of the Honourable the Privy Coundl^ approved by His Excellency the Governor-General in Council, on the Ist of July, 1870. The Committee of the Privy Council have had under consideration a despatch, dated the 7th May, 1870, fi'om the Governor of British Columbia, together with certain resolutions submitted by the Govern- ment of that Colony to the Legislative Council thereof — both hereunto annexed — on the subject of the proposed union of British Columbia with the Dominion of Canada ; and after several interviews between them and the Honourable Messrs. Trutch, Helmcken, and Carrall, the delegates from British Columbia, and full discussion with them of the various questions connected with that important subject, the Committee now respectfully submit for your Excellency's approval the following terms and conditions to form the basis of a political union between British Colombia and the Dominion of Canada. 1. Canada shall be liable for the debts and liabilities of British Columbia existing at the time of the Union. 2. British Columbia not having incurred debts equal to those of the other Provinces now constituting the Dominion, shall be entitled to receive by half-yearly payments in advance fx'om the General Govern- ment, interest at the rate of five per cent, per annum on the difference between the actual amount of its indebtedness at the date of the Union and the indebtedness per head of the population of Nova Scotia and Now Brunswick (27.77 dollars), the population of British Columbia •being taken at 60,000. 8. The following sums shall bo paid by Canada to British Columbia for the support of its Government and Legislature, to wit, an annual subsidy of 85,000 dollars, and an annual grant equal to 8U cents per head of the said population of 60,000, both half-yearly in advance, such grant of 80 cents per head to be augmented in proportion to the increase of population, as may be shown by each subsequent decennial census, until the population amounts to 400,000, at which rate such grant shall , thereafter remain, it being understood that the first census shall be taken in the year 1881. 4. The Dominion will provide au efficient mail service fortnightly by steam communication between Victoria anc^ San Francisco, and twice a week between Victoria and Olympia, the vessels to bo adapted for the conveyance of freight and passengers. 5. Canada will assume and defray the charges for the following services : — A. Salary of the Lioutenant-GovcrnQf 200 npon of the >rtofa 3y the proved [84 ViOT.] lerms of Union. [Na 64.] B. Salaries and allowances of the Judges of the Superior Courts and the County or District Courts. C. The charges in respect of the Department of Customs. D. The postal and telegraphic services. E. Protection, and encouragement of fisheries. P. Provision for militia. Ot. Lighthouses, buoys and beacons, shipwrecked crews, quarantine and marine hospitals, including a marine hospital at Victoria. H. The geological survey. I. The penitentiary. And such further charges as may bo incident to and connected with the services which by the British North America Act of 18G7 appertain to the General Government, and as are or may be allowed to the other Provinces. 6. Suitable pensions, such as shall be approved of by Her Majesty's Government, shall be provided by the Government of the Dominion for those of Her Majesty's servants in the Colony whose position and emoknnents derived therefrom would be affected by political changes on the admission of British Columbia into the Dominion of Canada. 7. It is agreed that the existing customs tariff and excise duties shall continue in force in British Columbia 4ntil the railway from the Pacific Coast and the system of railways in Canada are connected, unless the Legislature of British Columbia shall sooner decide to accept the tariff and excise laws of Canada. When customs and excise duties are, at the time of the Union of Britisti Columbia with Canada, leviable on any goods, wares, or merchandizes in British Columbia, or in the other Provinces of the Dominion, those goods, wares, and merchandizes may, from and after the Union, bo imported into British Columbia from the Provinces now composing the Dominion, or from either of those Pro- vinces into British Columbia, on proof of payment of the customs or excise duties leviable thereon in the Province of exportation, and on payment of such further .tmount (if any) of customs ur oxcise duties as are leviable thereon in the Province of importation. This arrangement to have no force or effect after the assimilaf ion of the tariff and excise duties of British Columbia with those of the Dominion. 8. British Columbia shall be entitled to be roprosonted in the Senate by three members, and by six members in the Houso of Commons. The representation to be incroasod under the provisijus of tho " British North America Act, 1867 ." 9. The influence of tho Dominion Government wid bo used to secure the continued maintenance of the naval station at Esquimalt. 10. Tho provisions of i. e " British North America Act, 1807," shall (except those parts thereof which are in terms made, or by reasonable intendment may be held to bo spociuUy applicable to, and only affoct one and not the whole of the Provinces now comprising the Dominion, and except so far us tho aanio may bo varied by this minute) be appli- cable to British Columbia, in the same way and to the like extent aa mi A.D. 1871. [No. 64.] Terms of Union. [84 ViOT.] '¥: A. D. 1871. *^^y *PP*y *o the other Provinces of the Dominion, and as if the Colony ——' of British Columbia had been one of the Provinces originally united by the said Act. 11. The Government of the Dominion undertake to secure the com- mencement, simultaneously, within two years fVom the date of the Union, of the construction of a railway from the Pacific towards the Bocky Mountains, and from such point as may be selected east of the Bocky Mountains towards the Pacific, to connect the seaboard of British Columbia with the railway system of Canada ; and further, to secure the completion of such railway within ten years from the date of the Union. And the Oovemment of British Columbia agree to convey to the Dominion Grovernment, in trust, to be appropriated in such manner as the Dominion Government may deem advisable in furtherance of the construction of the said railway, a similar extent of public lands along the line of railway throughout its entire length in British Columbia, not to exceed, however, twenty (20) miles on each side of said line, as may be appropriated for the same purpose by the Dominion Govern- ment from the public lands in the north-west territories and the Province of Manitoba. Provided that the quantity of land which may be held under pre-emption right oi by Crown grant within the limits of the tract of land in British Columbia to b.e so conveyed to the Dominion Government, shall be made good to the Dominion from contiguous lands ; and, provided further, that until the commencement, within two years as aforesaid from the date of the Union, of the construction of the said railway, the Government of British Columbia shall not sell or alienate any further. portion of the public lands of British Columbia, in any other way than under right of pre-emption, requiring actual resi- dence of the pre-emptor on the land claimed by him. In consideration of the land to be so conveyed in aid of the construction of the said railway, the Dominion Government agree to pay to British Columbia, from the date of the Union, the sum of 100,000 dollars per annum, in half-yearly payments in advance. 12. The Dominion Grovernment shall guarantee the interest for ton years fVom the date of the completion of the works at the rate of five per centum per annum on such sum, not exceeding £100,000 sterling, as may be required for the construction of a first-class graving dock at Esquimau. 13. The charge of the Indians and the trusteeship and management of the lands reserved for their use and benefit, shall bo assumed by the Dominion Government, and a policy as liberal as that hitherto pursued by the British Columbia Government, shall bo continued by the Do- minion Government after the Union. To curry out such policy, tracts of land of such extent as it has hitherto been the practice of the British Columbia Government to appropriate for that purpose, shall from time to time be convoyed by the Local Government to the Dominion Govern- ment in trust for the use and benefit of the Indians, on application of the Dominion Government, and in case of disagreement between thQ 202 ;84 VioT.] he Colony united by the com- ate of the >ward8 the east of the >aboard of further, to the date vey to the manner as nee of the Einds along Columbia, aid line, as >n Govem- s and the vhich may le limits of i Dominion contiguous within two truction of not sell or olumbia, in actual resi- nsideration >f the said Columbia, annum, in 5st for ton rate of five sterling, ng dock at Einagement nod by the io pursued by the Do- iey, tracts bhu British from time n Govern- lication of :.weon tho [84 VroT.] Terms of Union. [No. 64.] two Governments respecting the quantity of such tracts of land to be so granted, the matter shall be I'aferrod for the decision of the Secretary of State for the Colonies. 14. The constitution of the Executive authority and of the Legis- latui-e of, British Columbia, shall, subject to the provisions of the " British North America Act, 18(>7," continue as existing at the time of the Union until altered under the authority of the said Act, it being at the same time understood that the Government of the Dominion will readily consent to the introduction of responsible government when desired by the inhabitants of British Columbia, and it being Ukewise understood that it is the intention of the Governor of British Columbia, under the authority of the Secretary of State for the Colonies, to amend the existing constitution of the Legislature by providing that a majority of its members shall be elective. The Union shall take effect, according to the foregoing terms and conditions, ou such day as Her Majesty, by and with the advice of Her most Honourable Privy Council, may appoint (on addresses from the Legislature of the Colony of British Columbia, and ol the Houses of the Parliament of Canada in the terms of the 146th section of the " British North America Act, 1867 "), and British Columbia may in its Addi'ess specify the electoral districts for which the first election of members to serve in the House of Commons shall take place. (Cerfified) Wm. H. Lee, Clerk Privy Council. We further humbly represent that we concur in the terms and condi- tions of Union set forth in the said Address, and approved Eoport of the Committee of the Privy Council above mentioned ; and most respectfully pray that your Majesty will be graciously pleai?cd, by and with the advice of your Majesty's most Honourable Privy Council, under the 146th clause of the •' British Nortli America Act, 1867," to unite British Columbia with the Dominion of Canada, on the terms and conditions above set forth. The Senate, Wednesday, April 5th, 1871. (Signed) Joseph Cauchon, Speaker. A. D. 1871. Address of the Commons of Canada. To the Queen's most Excellent Majesty. Most Gracious Sovereign, — We, your Majesty's most dutiful and loyal subjects, the Commons of Canada in Parliament ussembletl, humbly approach your Majesty for the purpose of representing : — That by a despatch from the Governor of British Columbia, dated 23rd January, 1871, with other psipors laid before this House by mossiigc IVom IHh Excellency the Governor-General, of the 27tli Feb- ruary last, this House loams tliut the Legislative Council of that Colony, in Council assembled, adopted in January last an Address 203 ' .I'i ■^#lrf- [No; M.] Tema of UnioUx [84 Vnm.] « A.J). 1871. rapresenting to your Majesty that British Columbia was prepared to ^» enter into Uuion with the Dominion of Canada, upon the terms and conditions mentioned in the said Address, which is as follows :— Tc the Queen's most Bxoellent Majesty. ^ Most Gracious Sovereign, — Wo, your Majesty's most dutiful and loyal subjects, the members of the Legislative Council of British Columbia in Council assembled, humbly approach your Majesty for the purposeof representing : — That* during the last session of the late Legislative Council, the subject of ^he admission of the Colony of British Columbia into the Union or Dominion of Canada was taken into consideration, and a Besolution on the subject was agreed to, embodying the terms upon which it was proposed that this Colony should enter the Union ; That after the close of the session, delegates were sent by the Qovemment of this Colony to Canada, to confer with the Government of the Dominion with respect to the admission of British Columbia into the Union upon the terms proposed ; That after considerable discussion by the delegates with the members of the Government of the Dominion of Canada, the terms and conditions hereinafter specified were adQ|>tod by a Committee of the Privy Council of Canada, and were by them reported tj the Governor-General for his approval ; That such terms were communicated to the Government of this Colony by the Governor-General of Canada, in a despatch, dated 7th July, 1870, and are as follows : — 1. Canada shall bo liable for the debts and liabilities of British Columbia existing at the time of the Union. 2. British Columbia not having incurred debts equal to those of the other Provinces now constituting the Dominion, shall bo entitled to receive, by half-yearly payments, in advance from the General Govern- ment, interest at the rate of five per cent, per annum on the difference between the actual amount of its iudcbtodnoss at the date of the Union and the indebtedness per head of the population of Nova iScotia and Now Brunswick (27.77 dollars), the population of British Columbia being taken at 60,000. 3. The following sums shall bo paid by Canada to British Columbia for the support of its Government and Legislature, to wit, an annual subsidy of 35,000 dollars, and an annual grant equal to 80 cents per head of the said population of 00,000, both half-yearly in advance, such grant of 80 cents per bead to bo augmented in proportion to the increase oi population, as may bu shown by each subsoqucnl doccmiial census, until the population amounts to 100,000, at which rate such grant shall thereafter remain, it being understood that the first census be taken in the year 1881. 4. The Dominion will provide an ofiioionl mail tiorviuc, fortnightly, by steam commuuicutiou, between Victoria and ijau Frauciscu, au«^ 804 84 VlOT.] epnreil to terms and nembers of assembled, ing:— ounoil, th« ia into the ;ion, and a ;erm« upon lion ; ent by the jrovernment tlumbia into he members d conditions rivy Council leral for his lent of this !h, dated 7th i of British those of the e entitled to eral Govern- no diiferoucc )f the Union t Hcotia and 9h Columbia sh Columbia it, un annual 80 cents per dvance, such irtion to the nl decennial jh rate such tirst ccusuH fortnightly, ■uuciscu, au4 [M Vin.] TmtMof Union. [iro.M.] twice a week between Ylotorfa and Olymp'la ; the vesaelB to be adapted for the oonveyanoe of freight and passengera. 5. Canada will aasumo and dcfi-ay the ohargos for the following Borvices : — A. Salary of the Lleutonont-Govemor ; , B. Salaries and allowances of the Judges of the Superior Courts and the County or District Courts ; C. The charges in respect to the Department of Customs ; D. The Postal and Telegraphic Services ; E. Protection and encouragement of Fisheries ; F. Provision tor the Militia ; 6. Lighthouses, buoys, and beacons, shipwrecked crews, quaran- tine and marine hospital, including a marine hospital at Victoria ; H. The Geological Survey; I. The Penitentiary; And such further charges as may be incident to and connected with the services which by the " British North America Act, 1867," appertain to the Gleneral Government, and as are or may be allowed to the other Provinces. 6. Suitable pensions, such as shall jb approved of by Her Majesty's Government, shall be provided by the Government of the Dominion for those of Her Majcbty's servants in the Colony whose position and emoluments derived therefrom would be affected by political changes on the admission of British Columbia into the Dominion of Canada. 7. It is agreed that the existing customs tariff and excise duties shall continue in force in British Columbia until the railway from the Pacific Coast and the system of railways in Canada are connected, unless the Legislature of British Columbia should sooner decide to accept the tariff and excise laws of Canada. When customs and excise duties are, at the time of the Union of British Columbia with Canada, leviable on any goods, wares or merchandises in British Columbia, or in the other Provinces of the Dominion, these goods, wares, and merchandizes may, from and after the Union, be imported into British Columbia from the Provinces now composing the Dominion, or ftom either of those Provinces into British Columbia, on proof of payment of the customs or excise duties leviable thereon in the Province of exportation, and on payment of such ftirther amount (if any) of customs and excise duties as arc leviable thereon in the Province of importation. This arrange- ment to have no force or effect after the assimilation of the tariff and excise duties of British Columbia with those of the Dominion. 8. British Columbia shall be entitled to be represented in the Senate by three members, and by six members in the House of Commons. The representation to bo increased under the pi'ovisions of the " Bri^h North America Act, 1867." 9. The influence of the Dominion Government will be used to secure the continued maintenance of the naval station ut Esquimalt. m A. D. 1871. I No. 64.] 'lerms of Union. [84 VioT.] ■:l' ■' A. D. 1871. ^^' '^*'° provisions of the "British North Amoricft Act, 1867," shall ^— (except those parts thereof which are in terms made, or by reason- able intendment may bo held to be specially applicable to and only affect one and not the whole of the Provinces now comprising the Dominion, and except so far as the same may bo varied by this Minute) be appli- cable to British Columbia in the same way and to the like extent as they apply to the other Provinces of the Dominion, and as if the Colony of British Columbia had been one of the Provinces originally united by the said Act. 11. The Government of the Dominion undertake to secure the com- mencement simultaneously, within two years from the date of Union, of the construction of a railway from the Pacific towards the Eocky Mountains, and from such point as may be selected, cast of the Eocky Mountains towards the Pacific, to connect the seaboard of British Columbia with the railway system of Canada ; and further, to secure the completion of such railway within ten years from the date of the Union. • And the Government of British Columbia agree to convey to the Dominion Government, in trust, to bo appropriated in such manner as the Dominion Government may deem advisable in furtherance of the construction of the said railway, a similar extent of public lands along the line of railway throughout its entire length in British Columbio, not to exceed however, twenty (20) miles on each side of said line, as may be appropriated for the same purpose by the Dominion Government from the public lands in the north-west territories and the Province of Manitoba. Provided that the quantity of land which may be held under pre-emption right or by crown grant within the limits of the tract of land in British Columbia to be so conveyed to the Dominion Govern- ment shall be made good to the Dominion from c ntiguous public lands; and provided further, that until the commencement, within two years as aforesaid, fron the date of the Union, of the construction of the said railway, the Gov i-nment of British Columbia shall not sell or alienate any further por ds of the public lands of British Columbia in any der right of pre-emption, requiring actual residence m the land claimed by him. In consideration of the tyed in aid of the construction of the said railway, jrnment agree to pay to British Columbia fVom the the sum of 100,000 dollars per annum, in half-yearly other wa}' than of the pre-empto) land to be so con the Dominion Gc date of the Unio payments in advance. 12. The Dominion Government shall guarantee the interest for ten years from the date of the completion of the works, at the rate of five per centum jier annum, on such sum not exceeding £100,000 sterling, as may be required for the construction of a first-class graving dock at ^quimalt. 13. The charge of the Indians, and the trusteeship and management of the lands reserved for their use and benefit shall be assumed by the Dominion Government, and a policy as liberal as that hitherto pursued 206 ) [84 VioT.] 867," shall by reason- only ftflTect Dominion, be appli- extent as the Colony Y united by e the com- of Union, the Eocky the Rocky of British to secnro date of the ivoy to the manner as nnce of the lands along slumbia, not ino, as may Government Province of 3 held under the tract of ion Govern- )ublic lands; 1 two years 1 of the said or alienate nbia in any al residence ration of the iid railway, ia from the half-yearly rest for ten rnte of five ) sterling, as ing dock at nanagement med by the rto pursued [84 Vict.] Terms of Union. [No. 64.] by the British Columbia Government shall be oontinuod by the Dominion Government after the Union. To carry out such policy, tracts of land of such extent as it has hitherto boon the practice of iho British Columbia Government to ap- propriate for tlmt purpose, shall from timo to time be convoyed by the Local Government to the Dominion Government in trust for the use and benefit of the Indians on application of the Dominion Government; and in case of disagreement between the two Governments I'cspecting the quantity of such tracts of land to be so granted,-tho matter shall be referred for the decision of the Secretary of State for the Colonies. 14. The constitution of the executive authority and of the Legislature of British Columbia shall, subject to the provisions of the " British North America Act, 1867," continue as existing at the time of the Union until altered under the authority of the said Act, it being at the same time undei'stood that the Government of the Dominion will readily con- sent to the introduction of responsi'le government when desired by the inhabitants of British Columbia, and it being likewise understood that it is the intention of the Governor of British Columbia, under the authority of the Secretary of State for the Colonies, to amend the ex- isting Constitution of the Legislature by providing that a majority of its members shall bo elective. Tho Union shall take effect according to the foregoing terms and conditions on such day ai. Her Majesty by and with the advice of Her Most Honourable Privy Council may appoint (on addresses fi-om the Legislature of the Colony of British Columbia and of the Houses of Parliament of Canada, in the terms of the 146th section of tho " British North America Act, 1867,") and British Columbia may in its address specify the electoral districts for which the first election of members to servo in the House of Commons shall take place. That such terms have proved generally acceptable to the people of this Colony. That this Council is, therefore, willing to enter into Union with the Oominiou of Canada upon such terms, and humbly submit that, under the circumstances, it is expeuieuv that the admission of this Colony into such Union, as aforesaid, should be effected at as early a date as may be found practicable under the provisions of the 146th seel on of the " British North America Act, 1867." We therefore humbly pray that Your Majesty will be graciously pleased, by and with tho advice of Your Majesty's Most Honourable Privy Council, under the provisions of tho 146th section of the " British North America Act, 1867," to admit British Columbia into the Union or Dominion of Canada, on the basis of the terms and conditions offered to this Colony by tho Government of the Dominion of Canada, herein- before set forth ; and inasmuch as by the said terms British Columbia is empowered in its address to specify the electoral districts for which the first election of members to serve in the House of Commons shall take place, wo humbly pray that such electoral districts may be declared, under the Order in Council, to be as follows : — '4.D. 1871. {Ifb.64.3 ftrtM of VnkH, [84 Vict.] A. D. 1871. ^^"'^ " ^^^ Westminster District," and the " Coast District," as — . defined in a public notice issued ft'om the Lands and Works Office on the 15th day of December, 1869, by the desire of the Governor, and purporting to be in accordance with the provisions of the 39th clause of the " Mineral Ordinance, 1869," shall con- stitute one district, to be designated " New Westminster District," and return one member. That "Cariboo District," and " Lillooet District," as specified in the said public notice, shall constitute one district, to be designated " Cariboo District," and return one member. That " Yale District," and " Eootenay District," as specified in the said public notice shall constitute one district, to be designated " Tale District," and return one member. Thai .'Ose portions ofVanoonvor Island known as " Yiotoria District," " Esquimau District," and " Metchosin District," as defined in the official maps of those districts in the Land Office, Victoria, and which maps are designated respectively " Victoria District Official Map, 1858," "Esquimalt District Official Map, 1858," and "Metchosin District Official Map, 1858," shall constitute one district, to be designated "Victoria District," and return two members. And that all the remainder of Vancouver Island, and all such Islands adjacent thereto as were formerly dependencies of the late Colony of Vancouver Island District shall constitute one district, to be designated " Vancouver Island District," and return one member. Wc further humbly represent that the proposed terms and conditions of Union of British Columbia with Canada, as stated in the said address are in conformity with those preliminarily agreed upon between dele- gates fro: i British Columbia and the members of the Government of the Dominion of Canada, land embodied in a Beport of a Committee of the Privy Council, approved by His Excellency the Governor-General iu Council, on the 1st July, 1870, which approved report is as follows :— Copy of a Beport of a Committee of the Honourable the Privy Coum^H^ approved by His Excellency the Oovernor'Oeneral in Cotincil on the Ut of July, 1870. The Committee of tlie Privy Council have had under consideration a despatcl^, dated the 7th May, 1870, from the Governor of British Columbia, together with certain resolutions submitted by the Gkivem- ment of that Colony to the Legislative Council thereof — both hereunto a-nexed — on the subject of the proposed Union of British Columbia with the Dominion of Canada ; and after several interviews between them and the Honourubte MessrB. Trutch, Hclmcken, and Carraii, the Delegates from British Columbia, and full discussion with them of the various questions eornccted with that important subject, the Committee now respectfully submit for Yuur Excellency's approval the following terms and conditi'uis to forru the basis ol' a political union betwcMi British Columbia and the Dominion of Canada : — mi [M Vi«.] >istrict," as and Works esire of the e proyisioDB shall COD- er District," icified in the desigiiated oified in the designated >ria District," M defined in ce, Victoria, x)ria District p, 1868," and onstitnte one i return two I snch Islands le late Colony district, to be ) one member. tnd conditions e said address between dele- )mment of the mittec of the lor-Oeneral in is follows :— Privy Cb«fK-.7, Council on the onsideration a or of British r the Govern- both hereunto tish Colambis ■lews between i Carraii, the h them of the bhe Committee the following inion betwew [84 VtOT.] Terms of Union. [KO;**.] 1. Canada shall be liable for the debts and liabilities of British Columbia existing at the time of the Union. 2. British Columbia not having incurred debts equal to those of the other Provinces now constituting the Dominion, shall be entitled to receive, by half-yearly payments, in advance from the General Go\ ern- ment, interest at the rate of five per cent, per annum on the difference between the actual amount of its indebtedne?>a at the date of the Union and the indebtedness per head of the populi;tion of Nova Scotia and New Brunswick (27.77 dollars), the population of British Columbia being taken at 60,000. 3. The following sums shall be paid by Canada to British Columbia for the support of its Government and Legislature, to wit, an annual subsidy of 35,000 dollars, and an annual grant equal to 80 cents per head of the said population of 60,000, both half-yearly in advance, such grant of 80 cents per head to be augmented in proportion to the increase of populntion, as may be shown by each subsequent decennial census, until the population amounts to 400,000, at which rate such grant shall thereafter remain, it being understood that the first census be taken ih the year 1881. 4. The Dominion will provide an eflScient mail service, fortnigh.,ly, by steam communication between Victoria and San Francisco, and twice a week between Victoria and Olympia ; the vessels to be adapted for the conveyance of freight and passengens. 5. Canada will assume and defray the charges for the following services : — A. Salary of the Lieutenant-Governor ; B. Salaries and allowances of the Judges of the Superior Courts and the County or District '^ourts ; C. The charges in renpeet to the Department of Customs ; D. The postal pnd telegraphic services ; E. Protection and oncouragoment of fishcies ; F. Provision for the militia; G. Lighthouses, buoys, and beacons, shipwrecked crews, quarantine and marine hospitals, including a marine hospital at Victoria; H. The geological Murvey ; I. The penitentiary; And such further charges as may be incident to and connected with the serviet'S which by the " British North America Act of 1867 " appertain to the General Government, and as are or may be allowed to the other Provinces. 6. Suitable pensions, sufh as shall be approved of by Her Majesty's Government, shall be provided by the Government of the Dominion for those of Her Majesty's servants in the Colony whose position and emoluments derived therefrom would be affected by political changes on the admission of British Columbia into the Dominion of Canada. 7. It is agreed that the existing customs tariff ai•^d excise duties shall continue in force in British Columbia until the railr.ay from the Pacific coast and the system of railways in Caneda are connected, unless the g09 A, D. I8f 1. [No. 54.] lerms of Union. [84 VioT.] 'Ijl A. D. 1871. Legislature of British Columbia should sooner decide to accept the ->p- tariff and excise laws of Canada. When customs and excise duties are, at the time of the union of British Columbia with Canada, leviable on • any goods, wares, or merchandizes in British Columbia, or in the other Provinces of the Dominion, those goods, wares, and merchandizes may, from and after the Union, be imported into British Columbia from the Provinces now composing the Dominion, or from either of those Pro- vinces into British Columbia, on proof of payment of the customs or excise duties leviable thereon in the Province of exportation, and on payment of such further amount (if any) of customs or excise duties as are leviable thereon in the Province of importation. This arrangement to have no force or effect after the assimilation of the tariff and excise duties of British Columbia with those of the Dominion. 8. British Columbia shall be entitled to be represented in the Senate by three members, and by six members in the House of Commons. The representation to be increased under the provisions of the " British North America Act, 1867." 9. The influence of the Dnminion Government will be used to secure the continued maintenance of the naval station at Esquimalt. 10. The provisions of the " British North America Act, 1807," shall (except those parts thereof which are in terms made, or b^' reasonable intendment may be held to be specially applicable to and onl\- affect one and not the whole of the Provinces now comprising ti>o Dominion, and except so far as the sarnKj may bo varied by this Minute) be appli- cable to British Columbia, in the same way and to the like extent as they apply to the other Provinces of the Dominion, and as if the Colony of British Columbia had been one of the Provinces originally united by the said Act. 11. The Government of the Dominion undertake to secure the com- mencement simultaneously, within two years from the date of Union, of the constihictioa of a railway from the Pacific towards the Rocky Mountains, and from such point as may be selected, east of the llocky Mountains, towards the Pacific, to connect the seaboard of British Columbia with the railway system of Canada; and further, to secure the completion of such railway within ten years from the date of the Union. And the Government of British Columbia agree to convey to the Dominion Government, in trust, to be appropriated in such manner as the Dominion Government may deem advisable in furtherance of the construction of the said railway, a similar extent of public lands along the line of railway throughout its entire length in British Columbia, not to exceed, however, twenty (20) miles on each side of said line, as may be appropriated for the same purpose by the Dominion Govern- ment from the public lands in the north-west territories and the Province of Manitoba. Provided, that the quantity of land which may be held under pre-emption right or by Crown grant within the limits of the tract ot land in British Columbia to be so conveyed to the Dominion 810 VlOT.] eept the ties are, iable on he other es may, from the lose Pro- itoras or , and on duties as ngeraent d excise [84 VioT.] lerms of Union. [No. 64.] Government shall be made good to the Dominion from contiguous public lands; and, provided further, that until the commencement, ■within two years, as atorc&aid, from the date of the Union; of the con- struction of the said railway, the Government of British Columbia shall not sell or alienate any further portions of the public lands of British Columbia in any other way than under right ot pre-emption, requiring actual residence of the pre-emptor on the land claimed by him. In consideration of the land to be so conveyed in aid of the construction of the said railway, the Dominion Government agree to pay to British Columbia from the date of the Union, the sum of 100,000 dollars per annum, in half-yearly payments in advance. 12. The Dom'nion Government shall guarantee the interest for ten years from the date of the completion of the works, at the rate of five per centum per annum, on such sum, not exceeding £100,000 sterling, as may be required for the construction of a first-class graving dock at Esquimau. 13. The charge of the Indians, and the trusteeship and management of the lands reserved for their use and benefit, shall be assumed by the Dominion Government, and a policy as liberal as that hitherto pursued by the British Columbia Government shall be continued by the Domin- ion Government after the Union. To carry out such policy, tracts of land of such extent as it has hitherto been the practice of the British Columbia Government to appropriate for that purpose, shall from time to time be conveyed by the Local Government to the Dominion Government in trust for the use and benefit of the Indians on application of the Dominion Govern- ment; and in case of disagreement between the two Governments respecting the quantity of such tracts of land to be so granted, the matter shall be referred f' " the decision of the Secretary of State for the Colonies. 14. The constitution of the Executive Authority and of the Legis- lature of British Columbia shall, subject to the provisions of the " British North America Act, 1867," continue as existing at the time of the Union until altered under the authority of the said Act, it being at the same time understood that the Government of the Dominion will readily consent to the introduction of responsible government when desired by the inhabitants of .British Columbia, and it being likewise understood that it is the intention of the Governor of British Columbia, under the authority of the Secretary of State for the Colonies, to amend the existing constitution of the Legislature by providing that a majority of its members shall be elective. The Union shall take effect according to the foregoing terms and conditions on such day as Her Majesty, by and with the advice of Her Most Honourable Privy Council, may appoint (on addresses from the Legislature of the Colony of British Columbia and of the Houses of Parliament of Canada, in the terms of the 146th section of the " British llorth America Act, 1867,") and British Columbia may in its address 811 A. D. 1871. [No. 64. J 7erms of Union. [84 Vtw.1 A. D. 1871. specify the electoral districts for which the first election of members to "■■"» serve in the House of Commons shall take place. (Certified) Wm. H. Lee, Clerk Privy Council. "We farther humbly represent that we concur in the terms and condi- tions of Union set forth in the said Address, and approved Iteport of the Committee of the Privy Council above mentioned ; and most respectfully pray that your Majesty will be graciously pleased, by and with the advice of your Majesty's most Honourable Privy Council, under the 146th clause of the " British North America Act, 1867," to unite British Columbia with the Dominion of Canada, on the terms and conditions above set forth. (Signed) Joseph Cookbubn, Speaker. House of Commons, Saturday, April 1st, 1871. Addr'ss of the Legislative Council of British Columbia. To the Queen's most Excellent Majesty. Most Gracious Sovereign, — We, your Majesty's most dutiful an(f loyal subjects, the members of the Legislative Council of British Columbia in Council assembled, huiiibly approach your Majesty for the purpose of representing: — That, during the last session of the late Legislative Council, the subject of the admission of the Colony of British Columbia into the Union or Dominion of Canada was taken into consideration, and a resolution on the subject was agreed to, embodying tlio terms upon which it was proposed that this Colony should enter the Union ; That after the close of the session, delegates were sent by the Government of this Colony to Canada to confer with the Government of the Dominion with respect to the admission of British Columbia into the Union upon the terms proposed ; That after considerable discussion by the delegates with the members of the Government of the Dominion of Canada, the terms and conditions hereinafter specified were adopted by a Committee of the Privy Council of Canada, and were by them reported to the Governor-General for his approval ; That such terms were communicated to the Government of this Colony by the Governor-Generul of Canada, in a despatch dated July 7th, 1870, and are as follows : — 1. Canada shall be liable for the debts and liabilities of British Columbia existing at the time of the Union. 2. British Columbia not having incurred debts equal to those of the other Provinces now constituting the Dominion, shall be entitled to receive, by half-yearly payments, in advance from the (icneral Govern- ment, interest at the rate of five per cent, per annum on the difference 212 4 VtwO mbers to uneil. nd condi- Jeport of md most d, by and Council, 1867," to terms and eaker. [34 Vict.] Irrms nf Union. [No. 54.] embers of iisscmbled, )uncil, the ia into tbo ion, and a erms upon on ; nt by the Jvernment ambiu into a members conditionH vy Co u noil enural lor nt of this datuU J uly of British ose of the entitled to il Govern- difference between the actual amount of its indebtedness at the date of the Union ^nd the indebtedness per head of the population of Nora Scotia and New Brunswick (27.77 dollars), the population of British Columbia being taken at 60,000. 3. The following sums shall bo paid by Canada to British Columbia for the support of its Government and Legislature, to wit, an annual subsidy of 35,000 dollars, and an annual grant equal to 80 cents per head of the said population of 60,000, both half-yearly in advance, such grant of 80 cents per head to be augmented in proportion to the increase of population, as may be shown by each subsequent decennial census, until the population amounts to 400,000, at which rate such grant shall thereafter remain, it being understood that the first census bo taken in the year 1881. 4. The Dominion will provide an efficient mail service, fortnightly, by steam communication, between Victoria and San Francisco, and twice a week between Victoria and Olympia; the vessels to be adapted for the conveyance of freight and passengers. 5. Canada will assume and defray the charges for the following services : — A. Salary of the Lieutenant-Governor ; B. Salaries and allowances of the Judges of the Superior Courts and the County or District Courts ; C. The ohai'ges in respect to the Department of Customs ; D. The Postal and Telegraphic Services ; E. Protection and encouragement of Fisheries ; F. Provision for the Militia ; G. Lighthouses, buoys, and beacons, shipwrecked crows, quaran- tine and marine hospital, including a marine hospital at Victoria ; H. The Geological Survey; I. The Penitentiary; And such further charges as may bo incident to and connected with the services which by the " British North America Act, 1867," appertain to the General Government, and as are or may be allowed to the other Provinces. 6. Suitable pensions, such as shall be approved of by Her Majesty's Government, shall be pi'ovided by the Government of the Dominion for those of Hor Majesty's servants in the Colony whose position and emoluments derived therefrom would be affected by political changes on the admission of British Columbia into the Dominion of Canada. 7. It is agreed that the existing customs tariff and excise duties shall continue in force in British Columbia until the railway from the Pacific Coast and the system of railways in Canada are connected, unless tho Legislature of British Columbia should sooner decide to accept tho taritl' and excise laws of Canada. When customs and excise dutios are, at tho time of the Union of British Columbia with Canada, leviable on any goods, wares or merchaudiises in British Columbia, or in the other 818 A. D. 1871. _m A.J). 1871. [1^0. 54.] Terms of Union, [34 Vict.] Provinces of the Dominion, these goods, wai-es, and merchandizes may, from and after the Union, be imported into British Columbia from thot Provinces now composing the Dominion, or from cither of those Provinces into British Columbia, on proof of payment of the customs or excise duties leviable thereon in the Province of exportation, and on payment of such further amount (if any) of customs and excise duties as are leviable thereon in the Province of importation. This ai-range- meut to have no force or effect after the assimilation of the tariff and excise duties of British Columbia with those of the Dominion. 8. British Columbia shall be entitled to be represented in the Senate by three members, and by six members in the House of Commons. The representation to be increased under the provisions of the " British North America Act, 1867." 9. The influence of the Dominion Government will be used to secure the continued maintenance of the naval station at Esquimalt. 10. The provisions of the " British North America Act, 186i, shall (excep' those parts thereof which are in terms made, or by reason- able intendment may be held to be specially applicable to and only affect one and not the whole of the Provinces now comprising the Dominion, and except so far as the same may be varied by this Minute) be appli- cable to British Columbia in the same way and to the like extent as they apply to the other Provinces of the Dominion, and as if the Colony of British Columbia had been one of the Provinces oi-iginally united by the said Act. 11. The Government of the Dominion undertake to secure the com- mencement simultaneously, within two years from the date of Union, of the construction of a railway from the Pacific towards the Eocky Mountains, and from such point as may be selected, east of the Eocky Mountains towards the Pacific, to connect the seaboard of British Columbia with the railway system of Canada ; and further, to secure the completion of such railway within ten years from the date of the Union. And the Government of British Columbia agree to convey to the Dominion Government, in trust, to be appropriated in such manner as the Dominion Government may deem advisable in furtherance of the construction of the said railway, a similar extent of public lands along the line of railway throughout its entire length in British Columbia, not to exceed however, twenty (20) miles on each side of said line, as may be appropriated for the same purpose by the Dominion Government from the public lands in the north-west territories and the Province of Manitoba. Provided that the quantity of land which may be held under pre-emption right or by crown grant within the limits of the tract of land in British Columbia to be so conveyed to the Dominion Govern- ment shall be made good to the Dominion from contiguous public lands; and provided further, that until the commencement, within two years as aforesaid, from the date of the Union, of the construction of the said railway, the (government of British Columbia shall not sell or alienate 214 ll/i ViOT.] zes may, roin thot of those stoms or , and on 80 duties arrango- ai'iif and 10 Senate ms. The British to secure Si, shall )y reason- >uly affect Dominion, bo appli- extent as he Colony united by the com- of Union, he Eocky he Hocky of British to secure %te of the ey to the manner as ice of the nds along iinibia, not e, as may )vernment rovince of leld under e tract of 1 Govcrn- jlic lands; wo yours if the said r aliuuato [34 ViOT.l Terms of Union. [No. 54.] any further portions of the puLlic lands of British Columbia in any other waj- than under right of pre-emption, requiring actual residrnce of the prc-emptor on the hmd claimed by him. In consideration of the land to bo so conveyed in aid of the construction of the said railway, the Dominion Government agree to pay to British Columbia from the date of the L'nion, the sum of lOU.OOl) dollars per annum, in half-yearly payments in advance. 12. The Dominion Government shall guarantee the interest for ten years trom the date of the completion of the works, at the rate of five per centum per annum, on such sum not exceeding £100,000 sterling, as may be required for the construction of a first-class graving dock at Esquimau. 13. The charge of the Indians, and the trusteeship and management of the lands reserved for their use and benefit shall be assumed by the Dominion Government, and a policy as liberal as that hitherto pursued by the British Columbia Government shall be continued by the Dominion Government after the Union. To carry out such policy, tracts of land of such extent as it has hitherto been the practice of the British Columbia Government to ap- propriate for that purpose, shall from time to time be conveyed by the Local Government to the Dominion Government in trust for the use and benefit of the Indians on application of the Dominion Government; and in ease of disagreement between the two Governments respecting the quantity of such tracts of land to be so granted, the matter shall bo referred for the decision of the Secretary of State for the Colonies. 14. The constitution of the executive authority and of the Legislature of British Columbia shall, subject to the provisions of the " British North America Act, 1867," continue as existing at the time of the Union until altered under the authority of the said Act, it being at the same time understood that the Government of the Dominion will readily con- sent to the introduction of responsible government when desired by the inhabitants of Britisn Columbia, and it being likewise understood that it is the intention of the Governor of British Columbia, under the authority of the Secretary of State for the Colonies, to amend the ex- isting Constitution of the Legislature by providing that a majority of its members shall be elective. The Union shall take effect according to the foregoing terms and conditions on such day as Her Majesty by and with the advice of fler Most Honourable Privy Council may appoint (on addresses troia the Legislature of the Colony of British Columbia and of the Houses of Parliament of Canada, in the terms of the 146th section of the " British North America Act, 18G7,") and British Columbia may in its address specify the electoi'al districts for which the first election of members to servo in the House of Commons shall take place. That such terms have proved generally acceptable to the people of this Colony. 216 A.D. 187L LN0.B4.] terms of Vhion. [84 VioT.] A. D. 1871. jjji That this Ooanoil ia, therefore, willing to enter into Union with the Dominion of Canada upon such ternta, and humbly submit that, under the circumstances, it is expedient that the admission of this Colony into such Union, as aforesaid, should be effected at as early a date as may be found practicable under the provisions of the 146th section of the " British North America Act, 1867." We therefore humbly pray that Your Majesty will be graciously pleased, by and with the advice of Your Majesty's Most Honourable Privy Council, under the provisions of the 146th section of the " British North America Act, 1867," to admit British Columbia into the Union or Dominion of Canada, on the basis of the terms and conditions offered to this Colony by the Government of the Dominion of Canada, herein before set forth ; and inasmuch' as by the said terms British Columbia is empowered in its address to specify the electoral districts for which the first election of members to serve in the House of Commons shall take place, we humbly pray that such electoral districts may be declared, under the Order in Council, to be as follows : — That "New Westminster District," and the "Coast District," as defined in a public notice issued from the Lands and Works Office on the 16th day of December, 1869, by the desire of the Governor, and purporting to be in accordance with the provisions of the 39th clause of the "Mineral Ordinance, 1869," shall con- stitute one district, to be designated " New Westminster District," and return one member. That " Cariboo District," and ijillooet District," as specified in the said public notice, shall constitute one district, to be designated " Cariboo District," and return one member. That " Yaie District," and " Kootenay District," as specified in the said public notice shall constitute one district, to bo designated " Yale District," and return one member. That those portions of Vancouver Island known as "Victoria District," "Esquimau District," and "Motchosin District," as defined in the official maps of those districts in the Land Office, Victoria, and which maps are designated respectively " Victoria District Official Map, 1858," "Ksqulmalt District Official Map, 1868," and "Metchosin District Official Map, 1858," shall constitute one district, to bo designated " Victoria District," and return two members. And that all the remainder of Vancouver Island, and ail such Islands adjacent thereto as were formerly dependencies of the late Colony of Vancouver Island District shall constitute one district, to be designated " Vancouver Island District," and return one member. (Signed) Philip J. Hankin, Speaker, 21(i [12 ViOT.] Hudson's Bay Company's Charter. \lSo. 56.] No. 55 Victoria, by thl; Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To all to whom these presents shall come — Greeting. WHEREAS by the Royal Charter or letters patent of His late Majesty King Charles the tSecond, bemng date the second day of May, in the twenty-second year of His reign, His said late Majesty did (amongst other things) ordain and declare that the Governor and Company ol Adventurers of England trading into Hud- son's Bay, thereby incorporated in their successors by that name, should at all times thereafter be personable and capable in law to have, purchase, receive, possess, and enjoy and retain lands, rents, pri- vileges, liberties, jurisdictions, franchises, and hereditaments of what nature or kind soever they were to them or their successors ; and also to give grant, demise, alien, assign, and dispose lands, tene- ments, and hereditaments, and to do and execute all and singular other things by the same name that to them should or might apper- tain to do. And His said late Majesty did thereby, for himself. His heirs, and successors, give, grant, and confirm unto the said Gov- ernor and company, and their successors, the sole trade and com- merce of all those seas, straits, bays, rivers, lakes, creeks, and sounds, in whatsoever latitude they should be, that lay within the entrance of the straits commonly called Hudson's Straits ; together with all the lands and territories upon the countries, coasts, and confines of the seas, bays, lakes, rivers, creeks, and sounds aforesaid that were not already actually possessed by or granted to any of His said late Majes- ty's subjects, or possessed by the subjects of any other Christian Prince or State, with the fishing of all sorts of fish, whales, sturgeons, and all other royal fishes, in the seas, bays, inlets, and rivers within the promises, and the fish therein taken, together with the x-oyalty of the seas upon the coasts within the limits aforesaid, and all mines royal, as well then discovered as not then discovered, of gold, silver, coins, and precious stones to be found or discovered within the terri- tories, limits, and places aforesaid, and that the said land should be from thencetbrth reckoned and reputed as one of His lato Majesty's plantationsor colonies in America. And farther. His said late Majesty did thereby, tor himself, \m heirs, and successors, make, create, and constitute the said Governor and Comiiauy tor the time being, and their successors, the true and absolute lorda and proprietors of the same territory, limitis, and places aforesaid, and of all other the premises (saving always the faith, allegiance, and sovereign domin- ion due to His said late Majesty, His heirs and successors) for the A. D. 1849. [No. 55.] Hudson's Bay Company's Charter. [12 Vict.] A. 1). 1849. same to hold, portscss, and cMijoy the Haid territory, limits, and — places, anil all and singular otiicr the premises tluM'oliy granted as aforesaid, with their and every of tlieir riglits, niumhors, jurisdic- tions, prerogatives, royalties, and appurtenances whatsoever to them, the said Governor and Comiiany, and their sncoossors, for ever, to be holden of His said lato Majesty, His heirs and successors, as of His manor of East Greenwich, in the county of Kent, in free and common socage, and not in capite or by kniglit's service, yielding and paying yearly to His said late Majesty, His heirs and successors, for the same, two elks and two black beavers, whensoever and as often aa His said hite Majesty, His heirs and successors, should happen to enter into the said countries, territories and regions thereby granted : And whereas by an Act passed in the session of Parliament held in the forty-third year of the reign of His late Majesty King George the Third, intituled "An Act for extending the jurisdiction of the " Courts of Justice in the Provinces of Lower and Upper Canada to " the trial and punishment of persons guilty of crimes and offences "within certain parts of North America adjoining to the said Pro- "vinces," it was enacted that from and after the passing of that Act all offences committed within any of the Indian territories or parts of America not within the limits of either of the. said Provinces of Lower or Upper Canada, or of any Civil Government of the United States of America, should be and be deemed to be otfences of the same nature and should be tried in the same manner and subject to the same punishment as if the same had been committed within the Provinces of Upper or Lower Canada, and provisions were contained * in the said Act regulating the committal and trial of the ott'euders : And whereas by an Act passed in the session of Parliament holden in the first and second years of the reign of His late Majesty King George the Fourth, intituled " An Act for regulating the fur " trade and establishing a criminal and civil jurisdiction within cer- "tain parts of North America," after reciting (among other things) that doubts had been entei-tained whether provisions of said Act of the forty-third George the Third extended to the territories granted by charter to the said Governor and Conapany, and that it was expedient that such doubts should be removed, and that the said Act should bo further extended; it was enacted (amongst other things) that from and after the passing ,of said last-mentioned Act, it should be lawful for His then Majesty, His heirs and succes- sors, to make grants or give His royal license, under the hand and seal of one of His Majesty's Principal Secretaries of Stiite, to any body corporate or company, or person or persons, of or for the ex- clusive privilege of trading with the Indians in all such parts of North America as should be 8i)ecifled in any such grants or licenses respectively, not being part of the lauds or territories theretofore 218 [12 Vict.] Hudson'fi Bay Companj/'s Charter. [No. 56.] granted to tho miid Oovonior and ('(nnitiiny of Adventurers of Entfland trnding into Hudson's Hiiy, and not licinir part of any of Ilia Mujeaty's I'loviiufos in Xortli Aniericii, or of any lands or torritoj-ies belonging to the United Sfatcn of America, subject to tho provisions and restrit'tiona in tlie said Act incitioncd ; and it waa thereby turtlior enacted that tlic naid Act ot the forty-tliird of George the Third, and all the clauses and provisoes therein contained, should bo deemed and construed and was and were thereby respectively declared to extend to and over and to be in full force in and through all the territories theretofore granted to the said Company of Ad- venturers trading to Hudson's Bay : A. I>. 1849. And whereas by Our grant or royal license, bearing date the thirteenth day of May, one tlionsand eiglit hundred and thirty- .eight, under the hand and seal of one of Our then Principal Secre- taries of State, We granted and gave Our license to the said Gov- ernor and Company, and their successors, for the exclusive privilege of trading with the Indians in all such i)arts of North America to the northward and westward of the lands and territories belonging to the United States of Amoi'ica as should not form part of any of Our Provinces in North America, or of any lands or territoiies belonging to the United States of America, or to any European Government, State, or power, subject nevertheless as therein men- tioned. And We did thereby give and grant and secure to the said Governor and Company, and their successors, the sole and exclusive privilege, for the lull period of twenty-one years from the date thereof, of trading with the Indians in all such parts of North America as aforesaid, except as therein mentioned, at the rent there- in reserved, and upon the terms and subject to the qualification and power of revocation therein contained : And whereas by a treaty between Ourselves and the United States of America, for the settlement of the Oregon Boundary, signed at Washington, on the fifteenth day of June, one thousand eight hun- di'ed and forty-six, it was agreed upon and couclndofi (amongst other things) as follows: — That from the point of the tbrty-uinth parallel of north latitude where the boundary laid down in existing treaties and conventions between Great Britain and the said United States terminated, the Hue of boundary between Our territories and those of the United States should be continued westward along the said parallel of north latitude to the -middle of tho channel which separates the continent from Yancouver Island, and thence south- erly through the middle of the said channel and of DeFuca's Straits to the Pacific Ocean : Provided, however that the navigation of the whole of the said channel and dtralts south of tbe forty-ninth parallel of north latitude should reuuiiu free and open to both parties : 219 [No. 85.] Hudson's Bay Company's Charter. [12 VroT.^ A. D. 1849. And whereas certain of Our laixU and territories in North Ameiica — - lie to the westwunl and uIho to the northward of the territory grunt- ed to the Huid Governor und Company hy the liurein-before recited grant or letters patent of Hid said late Majesty King Cliarlus the Se> cond, and which is, pursuant to the direction in tliat belialt contained in such grant or letters patent, culled or known us Huitert's Land, and to the eastward of tlie territories the boundary line of which is defined by the hereinbefore recited treaty with the United Statea of North America : And whereas under the said last-mentioned grant or letters patent, and also under Our herein-before recited grant or license of the thirteenth day ot May, one thousand eight hundred and thirty-eight, the said Governor and Company have traded as well within as beyond the limits of the lands and territories granted to them by the said grant or letters patent of His said late Majesty King Charles' the Second, and have in connection with and for the protection of their trade beyond the said limits been in the habit ot erecting torts and other isolated establishments without the said limits, and some of such forts and establishments of the said Governor and Company are now existing in that part of Our said territorieH in North America, including Vancouver Island, the boundary line between which and the territories of the said United States is determined by the herein-before recited treaty between Ourselves and the said United States : And whereas it would induce greatly to the maintenance of peace, justice, and good order, and to the advancement of colonization and to the promotion and -encouragement of tr*d? and commerce in and also to the protection and welfare of the n tive Indians residing within that portion of Our territories ;n North America called Vancouver Island, if such island were colouized by settlers from the BritiA dominions, and if the property in the land of such island were vested for the purpose of such colonization in the said Gov- ernor and Company of Adventurei-s of England trading into Hudson's Bay, but nevertheless upon the condition that the said Governor and Company should form on the said island a settlement or settlements as hereii -after mentioned, for the purpose of c(»loniz- ing the said island, and ilso should defray the entire expense of any civil and military establishments which may be required for the protection and governme it of such settlement or settlements (except nevertheless during the lime of hostilitieK between Great Britain and any foreign, Europea.i, or American power) : And now know ye, that We being moved by the reasons before mentioned, do by these presents, for Us, Our heirs and 8ucces8t..rs, give, grant, and coniii'm unto the said Governor and Company of 220 [12 Vict.] Hudson's Bay Company's Charter, IVo. 68.] Adventurers of England trading into Hudson's Bay, and their suo- oesBorH, all that the suid iHland called Vancouver Island, together with all royalties of the seas upon those coasts within the limits aforesaid, and a. mines royal thereto belonging. And further. We do by these presents, for Us, Our heirs and successors, make, create, and constitute Ihe said Governor and Company for the time being, and their successors, the true and absolute lords and proprietors of the same territories, limits, and places, and of all other the premises (saving nlways the faith, allegiance, and sovereign dominion due to Us, Our lieirs and successors I'or tlic dame), to have, hold, possess, and enjoy the said territories, limits, and places, and all and singu- lar other the premises hereby granted as aforesaid, with their and every of their rights, members, royalties, and appurtenances what- soever to them the said Governor and Company, and their succes- sors for ever, to bo holden of Us, Our heirs and successors, in free and common socage, at the yearly rent of sev'en shillings, payable to Us and Our successors for ever, on the first day of Jan- uary In every year : Provided always, and We declare that this present grant is made to the intent that tlie said Governor and Company shall establish upon the said island a settlement or settle- ments of resident colonists, emigrants from Our United Kingdom of Great Britain and Ireland, or from other Our dominions, and shall dispose of the land there as may be necessary for the purposes of colonization ; and to the intent that the said company shall, with a view to the aforesaid purposes, dispose of all lands hereby granted to them at a reasonable price, except so much thereof as may be required for public purposes, and that all moneys which shall be received by the said company for the purchase of such land, and also from all payments which may be made to them for or in respect of the coal or other minerals to be obtained in the said island, or the right of searching for and getting the same, shall, after deduction of such sums by way 'of profit as shall not exceed a deduction of ten per cent, trom the gross amount received by the said company from the sale of such lands and in respect of such coal or other minerals as aforesaid, be applied toward the colonization and im- provement of the island; and that the company shall reserve for the use of Us, Our heirs and successors, all such lands as may be required tor the formation of naval establishments, We, Our heirs and successors paying a reasonable price for the same ; and that the said company should once in every two years at the least certify, under the seal of the said Governor and Com^mny, to one of Our Principal Secretaries of State, what colonists shall have been from time to time settled in the said island, and what land shall liave been disposed of as aforesaid. And we further declare that this present grant is made upon this condition, that if the said Governor and Company shall not, within the term of five years from the date A. D. 1849 [No. 56.] Reconveyance of Vancouver Island. [30 Vict.] I A. D. 1849. of these presents, have estahlished upon the said island a settlement ^— of resident colonists, emigrants from the United Kingdom of Great Britain and Ireland, or from other Our dominions, and it shall at any time after the expiration of such term of five years, be certi- • fied to Us, Our heirs and successors, by any person who shall be appointed by Us, Our heirs or successors to enquire into the con- dition of such Island, that such settlement has not been established according to the intent of this Our grant, or that the provisions hereinbefore mentioned rr jpecting the disposal of land and the price of lands and minerals have not been respectively fulfilled, it shall be lawful for Us, Our heirs and successors, to revoke this present grant and to enter upon and resume the said Island, and premises hereby granted, without prejudice nevertheless to such dis- positions as may have been made in the meantime by the said Governor and Company of any land in the said Island for the actual purpose of colonization and settlement, and as shall have been certified as aforesaid to one of Our Principal Secretaries of State. And We hereby declare that this present grant is and shall be deemed and taken to be made upon this further condition, that We, Our heirs and successors shall have, and We accordingly reserve unto Us and them full power, at the expiration of the said Governor and Company's grant or license of or tor the exclusive privilege of trading with the Indians, to repiircliase and take of nnd from the said Governor and Company the said Vancouver Island and premises hereby granted, in consideration of payment being made by Us, Our heirs and successors, to the said Governor and Company of the sum or sums of money theretofore laid out and expended by them in and upon the said Island and itemises, and of the vaUie of their establishments, property, and effects then being thereon. Ln witness whereof we have caused these Our letters to be made patent: Witness Ourselves at Our Palace at Westminster, this thirteenth day of January, in the twelfth year of Our reign. By Writ of Privy Seal. (Signed) Eomuksb. A. D.- 1867. No- 56. THIS Indenture made this third day of Apnl, one thousand eight hundred and sixty-seven, between the Covei-nor and Company of Adventurers of England, trading into Hudson's Bay, (who wi^h their successors are hereinafter called "the said Company") of ,;he one part and Her most Gracious Majesty Queen Victoria of the ot)ier part. [80 Vict.] Becmveyance of Vancouver Island. [iTo. 56.] Whereas previous to January, one thousand eight hundred and forty-nine, the said Company had occupied certain portions of land in Vancouver Island for the purposes of carrying on their trading and commerv.>ial operations, under a Royal Charter of Incorporation granted to them by His late Majesty King Charles the second and dated the second day of May, in the twenty-second year of His reign: And whereas by a Royal Liceuse bearing date the thirteenth day of May, one thousand eight hundred and thirty-eight, the said Com- pany were invested for the full period ot twenty-one years from the date thereof, with the sole and exclusive privilege of trading with the Indians in such part of North America to the northward and westward 6l the territories of the United States as did not form part of any of Her said Majesty's provinces in North America, or of any territories belonging to the United States or to any European Government, State or Power, subject nevertheless as therein men- tioned. And whereas by letters patent dated the thirteenth day of January, one thousand eight hnudred and forty-nine, Her said Majesty was pleased to grant unto the said Company and their successors the said Vancouver Island, together with all royalties of the seas upon the coasts within the limits theroin mentioned, and all mines royal thereto belonijing, to be hoklen of Her said Majesty, Her heirs and successors, in tree and common socnge, at the yearly rerit of seven shillings, and upon the condition and for the jmrpose ot" colonizing the said Island as theiein mentioned, and in the said letters patent Her said Majesty reserved to Herself and Her successors full power, at the expiration of the said Comi auy's hereinbefore recited license for tlie exclusive privilege of trad'. ig with the Indians, to repur- chase and take from the said '^^ompauy the said Vancouver Island and premises thereby grautod, on payment by Her said Majesty to the said Company, of the sum or Maw of money theretofore laid out and oxpended by them in and up Oii the said Island and premises and of the value of their establishments, property and effects then being thereon. And wuoreas after the said hereinbefore recited license of the thirteenth day of May, one thousand eight hunHred and thirty-eight, had come to an end, it seemed fit to Her said Majesty' U) exercise the power reserved to Her in the said letters patent of repurchasing the said Vancouver Island, whereupon an investigatiot. of accounts and a negotiation witli the said Company tooki)lace, and finally the said Company agreed to accept the sura of fifty seven thousand five hundred pounds in lull discharge ot all their cIj»';uis in respect of the said Island under (he said letters patent of the thirteenth day of January, one thousand eight hundred and forty-nine. 228 A. D. 1867. [Sfo. 56.] Beconveyance of Vancouver Island. [80 Vict<] A. D. 1867. -^^^ whereas the said sum of fifty-seven thousand five hundred pounds hath accordingly been paid to the said Company by or Oh behalf of Her said Majesty, in two instalments of twenty-five thous- and pounds and thirty-two thousand five hundred pounds, on the twenty-nihth day of June, one thousand eight hundred and sixty, and the sixth day of October, one thousand eight hundred and siXty- two, as the said Company do hereby admit and acknowledge. And whereas the said Company have agreed to reconvey to Her said Majesty, Her heirs and successors, the said Vancouver Island and premises, except such portions thereof as may have been sold by the said Company previous to the first day of January, Ohe thousand eight hundred and sixty-two, and except also such other portions thereof as are hereinafter mentioned, which last mentioned portions are, with the assent of Her said Majesty to remain the pro- perty of the said Company and their successors. Now this Indenture witnesseth that in pursuance of such agree- ment and in consideration of the sum of fifty-seven thousand five hundred pounds so paid by or on behalf of Her said Majesty to the said Company as aforesaid, in full discharge of all the claims of the said Company in respect of all sums expended by them in and upon the said Vancouver Island and premises, and of the value of their establishments, i)roperty and efiects now being thereon, and of alj other their claims under the said letters patent of the thirteenth day of January, one thousand eight hundred and forty-nine in res- pect of the said Island, they, the said Company, do for themselves and their successors by these presents grant, convey, yield up and surrender unto Her said Majesty, Her heirs and successors, all that the said Island palled Vancouver Island, together with all royalties of the seas upon the coasts thereof, and t.ll mines royal, and all rights, members and appurtenances whatsoever to the said Island and hereditaments belonging, and which were conveyed or passed to and are now vested in the said.Company, under or by virtue of the said hereinbefore recited letters patent of the thirteenth day of Jan- uary, one thousand eight liundred and forty-nine, or otherwise how- soever, and also the said letters patent of the thirttvath day of Janu- ary, one thousand eight hundred and forty-nine: And all the estate, right, title, interdfet and property whatsoever of the said Company in, to and out of the same premises, except and always reserved out of the grant and surrender hereljy made as follows, that is to say: 1. Certain jtieces or parcels of land in the town of V/tcria, con- taining in the wlK)Ie twenty-two acrt's and forty-one hundredth pv., of an acre and known as the Church Hesorve, which land . hav lately been conveyed by the said Company to Truntces for certain ecclesias- tical and scholastic purposes: And also all land situate in the Victoria rer thi nit of I onl th| to mndred )y or Oh e thoUA- on the BixtJ, id sixty- [80 Vict.] Reconveyance of Vancouver Island. [No. 56.] Ote district which may have been sold by the said Company previous to the first day of January, one thousand eight hundred and sixty-two, together with the water frontages and spaces between high and low water mark, abutting on any portions of such lands, provided such water frontages and spaces were also sold by the said Company before the first day of January, one thousand eight hundred and sixty-two, but not otherwise. 2. The farm known as the Uplands Farm, containing about one thousand one hundred and forty-four acres, and being section thirty- one on the colonial official plan of the said Victoria district. t '"he farm known as the North Dairy Farm, containing about T,.. ^^undred and sixty acres, being section thirty-two on the said ojLauial plan. 4. The Old Spring and adjoining land, (except one well set apart and appropriated to public use,) and marked 68, 69, 70, 71, 72, ~ in section eighteen of the plan of the town of Victoria heretofore delivered to the Colonial Government by the said Company. 6. All that portion of land in the said Victoria district heretofore known as the Fort Property, including the site of the fort and the adjoining land yet unsold, with the water frontage and foreshore immediately in front of the fort, but not including the several lots marked reijpectively H, harbour master's lot, No. 15, block 70, situ- ated at the f.tot of Broughton street; V, police barracks, and num- bers 1608 160.", uud 1607, post office, coloured green, on the 'said last ment.ontil ./Ian, on which lots the harbour master's office, the police la; ;\> Vij and the post office are respectively situated, and wL'ch lotb :i c be)eby (among other things) granted and conveyed to Her odd r.; Ajf y and Her successors. 6. Eight lots or parcels of land numbered on the said last men- tioned plan 3, 4, 5, 8, 10, 14, 17 and 20, containing in the whole fifty acres, more or less, recently selected by the said Company out of a certain farm lying to the south and west of James Bay, and heretofore known as " Bcokley " or " Dutnell's " Farm, all which said ceptf^d lands (save the lands comprised under tlie said first he.' .4 r '■:icception8) are and are to remain the absolute property of tho said K : ij>any and their successors, free and discharged from any rent, trucits or conditions contained in the said letters patent of the thirteenth day of January, one thousand eight hundred and forty- nine, and as regards the lands comprised under the foregoing heads of exceptions numbered 4, 5 and 6 are coloured pink and marked on the several blocks nnd lots into which the same are divided with the letters H. B. C. on the map or plan thereof hereunto annexed, to have and to hold the said Vancouver Island and all and singular 225 A. D. 1867. [No. 68.] Rtemweyam* of VaiMowttir Idand. [Sd^VicT.] i^' 4 ..'3 A. D. 1867. other bhe heriditaments and premises hereiDbefore gnutted, eou- •^ veyed and surrendered or intended so to be, with their appurten- ances 'except as aforesaid) unto Her said Majesty, Her heirs and successors, as of Her former estate and dominion therein, freed and absolutely discharged from any title, rights or claims of the said Company and their successors. And the said Company do hereby for themselves and their suc- cessors, covenant with^^er said Majesty, Her heirs and successors, in manner following, 'i if^ is ♦;o say, that they, the said Company, have not at any time lie i-e made, done, committed, or executed, or willingly suffered an^ t, deed, matter, or thing whatsuever, whereby the said hereditaments and premises hereby granted, conveyed, and surrendered, or intended so to be, or any part thereof are or is in anywise charged, aifected, or encumbered, or by reason whereof the said Company are in anywise prevented from granting the said hereditaments and premises in manner aforesaid. And further, that they, the said Company, and their successors, will at any time or times hereafter, upon the request and at the cost of Her said Majesty, He|^ heirs and successors, make, do, and execute, or cause to be made, done, and executed, all such further and other lawful acts, deeds, and assurances for more perfectly and absolutely conveying the said Island, hereditaments, ^.nd premises, with their appurtenances (except as aforesaid), unto Her said Miyesty, her heirs and successors, as Her said Majesty or Her snccessors shall require. In witness whereoi^ the said Governor and Company of Adven- turers of England trading into Hudson's Bay have caused their corporate seal to be'hereanto affixed, and Thomas William Clinton Murdoch and Stephen Walcott, Esquires, 9 Her Majesty'<« Emigration Coramissioners, have heretmto set their hands and seals on behalf of Her Majesty, the day and year first above written. By order of the Governor, Deputy GoTenior, and ComiLittee ot the said Company. (Signed) W. G. Smith, Secretary. (Signed) T. W. C. Mtw)00H, [l.b.] 8. Walcott. [l.s.] The corporate seal of the within named Company was hereunto affixed in the presence of (Signed) W. Armit, of Hudson's Baif Souse, London, OenUematt, hi [22 Vi<«.] Bespeeting Sale of Lands m Praser Sioer. [No. ffl.'] Signed, sealed and delivered by the within named Thomas "William Clinton Murdoch and Stephen Walcott, aa such Emigration Commissioners as within mentioned, in the presence of (Sign«d) Ghristophbr Simhkk Caetwright, Clerk at the Government JBmigraUm Board. 8, Park Street, Westminster. A. D. 1862. IThe three following Proclamai-ns should have appeared at page 63, but were accidentally omitted.'] No. 57. (126) Proclamation by His Excellency James Douglas, Governor of Vancouver Island and its Dependencies, Comraander-in- Chief and Vice- Admiral of the same, &c. [15uentioned): Provided, 228 [22 Vict.] Revocation of Hudson's Bay Company's License. [No. 58.] nevertheless, and Wo did thereby declare Our pleasure to be, that nothing therein contained should extend or be construed to prevent the establishment by Us, Our heirs or successors, within the territories afoi-esaid, or any of thorn, of any Colony or Colonies, Province or Provinces, or the annexing any part of tho aforesaid territories to any existing Colony or Colonies to Us in right of Our Imperial Crown belonging ; or constituting any such form of Civil Government as to Us might seem moot, within any such Colony or Colonies, Province or Provinces. And We did thereby resci've to Us, Our heirs and succes- sors, full power and authority to revoke Our saiU grant, or any part thereof, in so far as the same might ombi'ace or extend to any of the territories aforesaid, which might theroaftor be comprised within any Colony or Colonies, Pi'ovince or Pi'ovinces, as aforesaid. And whereas, We have by Our commission, under tho great seal of Our United Kingdom of Gi'cat Britain and Ireland, beai-ing date at Westminster this second day of September, one thousand eight hundred and fifty-eight, in the twenty-second year of Our reign, and in virtue as well of tho powers vested in Us by an Act entitled "An Act to provide for the Government of British Columbia," as of all other powers and authorities belonging to Us in that behalf, established within the terri- tories aforesaid a Colony, under the title of "British Columbia," bounded as in the said recited Act is mentioned, to the south by the frontier of the United States of America, to the east by the main chain of the Eocky Mountains, to the north by Simpson's River and the Finlay Branch of the Peace River, and to tho west by the Pacific Ocean ; and including Queen Charlotto'w Island, and all other islands adjacent to tho said ton-itorios, except as thereinafter excepted. And whereas, it has appeared to Us expedient that the right of exclusive trade with the Indians given by Us, in manner aforesaid, to tho Governor and Company of Advcnturcra tnidiug to Hudson's Bay, and their successors, within the territories in tho said instrument described, should no longer be exorcised by thom within so much of those territories as is couiprised witljin tho said Colony of British Columbia. Now, know yo, that Wo do hereby revoke Our said grant contained in tho hereinbefore recited instrument of the thirtieth day of May, one thousand eight hundred and thirty-eight, in so fur as the same embraces or extends to the territories comprised witiiin tho said Colony of British Columbia ; And We do hereby declare that this present revocation of Our said grant shall take eff'oct witiiin the said Colony as soon as it shall have been proclaimed there by tho oflicer administering the Government thereof. Given at Our Court at Oshonio House, Isle of Wight, this second day of .Scpleiuber, 1858, in tlie twenty-socond year of Our Reign. By Her Majesty's command. 889 A. i). 1858. pfo. 5B.J Indemnity to Governor and other Officers. [22 ViOT-T i ■ 1 L li: i ^• No. 69. (128) A. D. 1858. Proclamation by His Excellency Jahes Douglas, Governor and Commander-in-Chief of Her Majesty's Colony of British Columbia and its Dependencies. Proclamation having the force of Law to .Indemnify the Governor and other Officers for acts done before the establishment of any legitimate authority in British Columbia. [I9th November, 1868.] WHEREAS large numbers of Her Majesty's subjects and others, have resorted to and settled on the territory now comprised within the limits of this Colony, before the establishment of any settled form of government therein, and it has been necessary to take steps for the establishment and maintenance of peace, order, and good government, and for the protection of the rights of Her Majesty, and for the collection of a revenue from lands belonging to Her Majesty ; some of which steps may not have been fully autUorized in point of law : And whereas by a commission under the great seal of the United Kingdom of Great Britain and Ireland, I, James Douglas, Governor of the Colony of British Columbia, have been authoriaed, by Pro- clamation issued under the public seal of the Colony, to make laws, institutions, and ordinances for the peace, order, and good govern- ment of the same : Be it therefore known to all whom it may concern, that I, the said James Douglas, Governor of British Colupibia, do hereby, in virtue of the authority aforesaid, enact and proclaim that every act, matter, or thing bona fide done and performed for any of the pui"^ poses aforesaid before the date of this Proclamation, by me the said James Douglas, or any other person or persons acting under my authority or direction, shall be deemed to be and to have been valid iu law, and that I, the said James .Jouglas, and the said other persons, shall be and hereby are severally and jointly indemnified, freed, and discharged from and against all actions, suits, prosecutions, and penalties whatever, in respect of any such act, matter, or thing, and that the same shall not be Questioned in any of Her Majesty's Courts of civil or criminal jurisdiction iu this Colony. And I do further enact and proclaim that any declaration in writing under the hand of the Governor, or Officer administering the Government of British Columbia, to the effect that any act, matter, or thing specified therein, was done or performed for any of such purposes, or under any such direcdoQ or authority as aforesaid, 1»0 w ^nn.'] [rand Iritish the icers imate 1868.] [28 Vwii} QmaiUuting Legialative Council. [Nok 60.] shftll, tor the purpoMs of this Proclamation, be conclusive evidence of the matters stated therein, and shall be a sufficient discharge and indemnity to alJ persons mentioned in the said declaration in respect of the act, matter, or thing speciiied therein. [fhe follmoing Order in Cbuneit was accidentalli/ omitted at page 104.] A.D. 1 868. No. 60. At the Court at Windsor, the 11th day of June, 1863. PBESSJST : The Queen's Most Excellent Majesty, Lord President, Earl Russell, Lord Privy Seal, Mr. Miluer Gibson. WHEREAS by an Act passed in the 22nd ^ear of the reign of Her Majesty, entitled " An Act to provide for the Govern- ment of British Columbia," it was declared lawful for Her Majesty, by Order in Council, to authorize and empower such officer as she might from time to time appoint to administer the Government of British Columbia, to make provision tor the administration oi justice therein, and generally to make, ordain, and establish such laws, institutions, and ordinances as might be necessary for the peace, order, and good government of Her Majesty's subjects and others therein : Provided tha* it should be lawful for Her Majesty, so soon as she might deem it convenient, by any such Order in Council as aforesaiid, to constitute or to authorize and empower such officer to constitute a Legislature, to make laws for the peace, order, and good government of British Columbia; such Legislature to consist of the Governor, or pfficer administering the Government of the Colony, and a Council, or Council and Assembly, io be composed of such and so many persons, and to be appointed or elected in such manner, and for such periods, and subject to such regulations as to Her Majesty might seem expedient : Aod whereas by an Order in Council bearing date on the 2nd day of September, in the year 1858, Her Majesty was pleased to authorize such Governor, or officer as aforesaid, to make provision for the administration of justice, and, us therein mentioned, to make laws and ordinances foi' the peace, order, and good goverrfnient of Her Majesty's subjects and others in the said Colony : A. r>. 1363. [No. 60.] Consfihtting Legislative Council. [26 Vict.] ^ii ; <■ A. D. 1893. And whereas it is expedient to revoke the said Order in Council — and to (ionHtitnte a Legislature for the said Colony, consisting of the Governor or officer adniinistC'iing the government thereof, and the Legislative Council hereinafter established. 1. It is hereby ordered by Her Majesty, by and with the advice of Her Privy Council, and in pursuance and exercise of the powei's vested in Her Majesty by the said Act of Parliament, or otherwise in that behalf, that the said recited Order in Council shall be and the same is hereby revoked : Provided always that nothing herein contained shall be held to invalidate any act or thmg d'^'^e, nor any appointment made in pursuance or under authority of the said Order in Council, but that every such act, thing, and appointment shall remain of the same force and effect as if the said Order in Council were still in operation. And it is hereby further ordered as follows, that is to say: — 2. In this Order in Council the term "Governor" shall mean the Officer for the time being lawfully administering the Government of the Colony ot British Columbia. 8. There shall be in the said Colony a Legislative Council, con- stituted as hereinafter mentioned. 4. It shall be lawful for the Governor, with the advice and consent of the said Legislative Council, to make laws for the peace, order, and good government ot the said Colony. 6. The said Council shall consist of such public officers vrltuin the said Colony as shall from time to time be designated, and of such persons as shall from time to time bo named by or in pursuance of any instructions or warrant under the royal sign manual and signet, and of such other persons as may bo from time to time appointed by the Governor by instruments to be passed under the public seal of the said Colony : Provided that every such last mentioned appointment shall be provisional only until the same shall have been approved by Her Majesty through one of Her Principal Secretaries of State, and may be made to determine. at a period named in the instrument making the same, and that the total number of Coun- cillors shall not by any such appointment be raised above the number of fifteen : Provided also that every member of the said Council shall hold office dming Her Majesty's pleasure only. 6. The precedence of the members of the said Council may be from time to time determined by any such instructions as aforesaid. In the absence of such determination, the members shall take rank according to the order of their appointments, or if appointed by the same instrument accnrding to the order ih whici' they are named therein. 282 m. ''ICT.] Juncil lof the Id the id vice fowera Jrwise |e and LOrein >r any [Order shall louncil [26 \ xcT.] Constituting Legislative Council. [No. eo.] 7. Tho Governor, or in his absence any member of the Council appointed by him in writing, or in default of such appointment, the member present who shall stand first in order of precedence shall preside at every meeting of tho said Council. All questions brought before the Council shall be decided by the majority of the votes given, and the Governor or Presiding Member shall have an original vote on all such questions, and also a casting vote if the votes shall be equally divided. 8. No business (except that of adjournment) shall be transacted unless there shall be present four members of Council besides tho Governor or Presiding Member. 9. The Council shall, in the transaction of business and passing of laws, conform as nearly as may be to the directions conveyed in that behalf to the Governor of British Columbia in certain instruc- tions under the sign manual and signet, bearing date the 2nd day of September, 1858, until otherwise provided by Us, and to such further instructions under the said sign manual and signet as may hereafter be addressed to the Governor in that behalf. 10. Subject to such instructions, the Council may make standing rules and orders for the regulation of their own proceedings. 11. No law shall take effect until the Governor shall have assented to the same on behalf of Her Majesty, and shall have signed the same in token of such assent. 12. Her Majesty may, by Order in Council or through one of Her Principal Secretaries of State, disallow any law passed by the said Governor and Council at any time within two years after such law shall have been received by the Secretary of State, and every law so disallowed shall become null and void so soon as the disallowance thereof shall be published in the Colony by authority of the Qovernof. 13. If any Councillor shall become bankrupt or insolvent, or shall be convicted of any criminal offence, or shall absent himself from British Columbia for more than three months without leave from the Governor, the Governor may declare in writing that his seat at the Council is vacant, and immediately on the publication of such declaration he shall cease to be a member of the Coimcil. 14. The Governor may, by writing under his hand and seal, suspend any Legislative Councillor from the exercise of his office, proceeding therein in such manner as may from time to time be enjoined by any such instructions as aforesaid, and until otherwise ordered according to such directions respecting the suspension of public officers, as are contained in the above mentioned instructions 238 A. D. IH63. tKo. 60.] Oonsiituting Legislative Oameii. [26 ViOT.j A. I). 1863. bearing date the 2nd daj' of September, 1858. And the Most Noble — the Duke of Newcastle, one of Her Mtyeaty's Principal Secretariw of State, ia to give the necessary directions herein accordingly. (Signed) Arthur Hilp8. ./sii . Victoria : Printed by RioBA.fo T/oLVMDaK, Oovernment Printer, at the Qovernment Printing Office, Jamei' Bay. m It Noble sretariM B.