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Les diagrammas suivants illustrant la mAthode. strata to pelure, n i D 32X 1 2 3 1 2 3 4 5 6 /i y , ' ' ( *•,. I REPORT ■y: ... OF MR. T. G. ROTH WELL, COMMISSIONER. I"*' '■:, >- ■ :».' i- ''i \ •' ■■■ A- J I ' ' ''■':■■'' >''■« ■ y-r ■ * \ • ■' v.> . . . y.' -I i -',.,.<; ■4. -.'-., '. -* ^. -''■': ':* ■'f:*S : ^ V.'>.'' ",^ .V---i.; \ /' ,'* ^_ ,- > ■-./, ,v::-,. , ' ^*/ •y , . ' '■??''■;-. ■' -I- ■ >■'■ ■'>s ' S;, ■Otf' v7 ■■-I ■i «■• --i ; (' ( ,, \ ^\ ., ■ . t' v,'-{ ,"^ * ■ . '* * i 'v.- . ;■ ' >V^ ' *■•■ I, '.-.; > ^' ^'-'V ':>'L.j- ■^i-;-''-: ' V-'"'-. .' ■/ i : J ■'■■'' V' "r.;. - ,<--^;^. -i^ .•:-, ,M' rt -. -.-J.-. - V. ^'^^ •■■'-•■ "■■■■ '^-''v;: <1 ■<. Vv '■ 'V *','.■'- i ■■■■'■.■■;■ ■ . . V .■ '»,. " » L/^^--^ 'v.,vi -;.;■"- v»r;M ^^:;\r" :'-*'".^'" ■■V^-''-- '--M "";: : f:'^'-i'''^, v--^ ', /■ I: ' ' : i ■■■.,. :>-t^.-^A ^ ^- ■■■, > "~, ■•;% /•V -I,' REPORT OF MR. T. G. ROTHWELL. COMMISSIONER, ■poup _,„» ^ C CONTENTS 9. 10. 11. 12. I Paoe. 1. CllInlni^^sillIl(•l■'s Ficjiort .j " ± OrcliT in (i'mncil i>f lOtli .\ii),'iist, 1S'I7, providing fur Mi Itntliwcll's aiipniiitiiioiit l)y (-oiii- inissioii, uiiilcr |ir.i\ isioiis of ( 'lia|iti'i' 1 14. I\. S. (! , . . , lt> ;!. Coiiiiiiissioii, uiiilcT (licMt Seal nf CaiKida. uitli fu\i\ nf Oi ilcr in rimncil of SOtli Xuvcnilicr, l.SlK'i, and idpii s of (i('s|):itcli and fnclo-wic.-- irfcrrcil o in sufli Ordfi', attaclicd to Com- mission '' 4, Xoticf of 11th Sf|it('nilicr, If^it?, issued l)y Comniissioncr, o' lioldin^' an iiivcstij^'ation ^'i 5. Conitiii.-sioni'r's Sccrctai'y's Report of oprnini,' of (Joniniiss on and connufiicfnicnt of licariiij,' of cvidtncc tlu'ivuiidtT -"' ('). Lcttt'i-s-patent of 2lMt Apiil, 1887, issued to Itailway Coinp; iiy by Dt'imrtnient of IntiTiur. . . 27 7. Notice of 1st. July, 1M73 ' !•*<> a " 21st April, 1>SS2 •'^1 " 12tli .Tune, 1883 31 " 7tli May, 1884, as published in British Columbia' Gazette of 8th May, 1884 32 " 7t' May, 1884, as published in I'lritish Columbia (Jazette of \ot\\ May, 1884 32 7th May, 1884, lis published in the "Xanaiino J'ree Press" of 17th May, 1884, 32 with editorial notice 33 13. Specimen letter —with Schedule- from Chief Commissioner of Lands and Works, ]$. C, to Minister of the Interior, re issue of patents to settlers n lined in Schedule 33 14. Form of patent issued by l>eiiartment of Interio'- to settler 34 1.^). List of patents issued by l)e|>artnient (jf Interior to settlers oi " Island Railway 15elt." 35 1(1. I'orm of Deed issued by Railway Company to settler, after 21st April, 1887, date of Com- pany's patent " 17. Form of Provincial Crown ( Jrant for lands outside of "Island Railway Belt." 38 18. List of lands alienated by Province to Railway Companj , referred to in (). C. of 30th November, 18!)G 39 lit. Informal ajiplications of settlers for entry on lands in Belt; selected by Commissioner from those on tile in Land Office at Nanaimo, as specimen applications re lands referred to in his Commission 3.4 20. Informal applications (selected by Conniiissioner) for entry foi land for which the I'rovincial Crown (Grants issued to settlers for everything except < iold and Silver. N. P.. —Many similar informal applications on file in Office of Depui;y Connnissioner of Lands and Works, Victoria, B. C 3!) U 32^86 H REPORT With copies of Documents therein referred to, of Mr, T. O. Rothwell, Commissioner, on Claims of Settlers on Lands within the Esquimalt and Nanaimo Railway Company Belt, British Columbia. Depautmext of the Interior, Ottawa, 21st December, 1897. SiH, — In accordance with a direction given in and by the commission which issued to me upon the 10th day of August last, of v/hich a copy is hereunto attached, I have the honor to report to you the result of my investigation into the claims, referred to in that commission, the evidence taken before me concerning such claims, and the opinion which I have arrived at thereon, and which under the terms of my commission I am to express thereon. The claims in question consist of the claims of certain settlers upon the tract of lands which was conveyed to the Government of the Dominion of Canada, by the Province of British Columbia, under the provisions of chapter 14 of 47 Victoria, of the Statutes of that Province, entituled : " An Act relating to the Island Railwa,y, the Graving Dock and Railway Lands of the Province," and which, in accordance with the purpose and intention of certain provisions of that Act, in that behalf contained, a,nd under the authority of section 3 of chapter 6 of 47 Victoria, of the Acts of the Dominion of Canada, entituled : " An Act respecting the Vancouver Island Railway, the Esquimalt Graving Dock and certain railway lauds of the Province of British Columbia, granted to the Dominion," was granted to the Esquimalt and Nanaimo Railway Company (hereinafter referred to as the railway company) by letters-patent bearing date the 21st April, 1887, of which a copy is attached hereto. The settlers mentioned are those who are referred to as bona-fide squatters, in section 23 of the Provincial Act before referred to, and which is hereinafter referred to as chapter 14, and in sub-section 2 of section 7, of the Dominion Act before referred to, and which is hereinafter referred to as chapter 6. It was provided by this section and sub-section, that each hona-Jide squatter, who had continuously occupied and improved any of the lands within the tract of lands so granted to the railway company, for a period of one year, prior to the 1st January, 1883, should be entitled to a grant of the freehold of the'surface rights of the land settled or squatted upon by him to the extent of 160 acres, at the rate of $1 per acre. The settlers affected by these provisions have always claimed, anc now claim, however, that they are entitled to a grant in fee simple not only of the surface rights, but also of the under-rights including the coal and all other minerals, except gold and silver, or, in other words, to the same title, to their respective lands, which a settler, who had applied for and obtained a pre-emption record under the provisions of the Act passed in the year 1875 by the Province, being chapter 5 of 38 Victoria, or under the provisions of any of the Acts which were repealed by the first section of that Act, and who had complied with the conditions of his pre-emption entry, secured from the Province by the issue of a Crown grant in the form of which a copy is hereto attached. As none of the settlers, to protect whose rights section 23, of chapter 14 and sub- section 2, of section 7, of chapter 6 have always been understood to have been passed, obtained entries for the lands they respectively settled upon and claimed, until they obtained entries by the acceptance of pre-emption records subject to the pnpvisions of section 23, it is clear that they have no claim to the under-rights which they could // !!i establish hy any legal proceedings. In other words, the settler who accepted a pre-emption record, subject to the provisions of section 23, for the land which he claimed, thereby agniod, although unintentionally and in ignorance of the moaning of those provisions, to pay $\ per acre for the surface rights of the land he claimed and to accept a grant thereof in full settlement of his claim. This is the legal position in which each of these settlers or persons claiming title from such settlers, respectively, now stands with regard to his land. This is the standpoint from which the claims have been invariably considered by all persons who have liad to deal with them officially in the past. These settlers had " no status " with regard to tlie lands they claimed, and it may be that it is the only standpoint from which T should consider them. But, as Mr. Patrick Dolan, one of the claimants, stated in his evidence, " the law does not always do right by settlers," and as 1 think 1 can show not only from the evidence, but irora the Acts which have been passed, and the notices which have been issued by the Pro\ince with regard to this matter, that these settlers did not receive the protection, when such Acts and notices were framed, which they were justly entitled to receive, I propose to go into it and set out in detail all material particulars concerning it, from the time of the issue of the notice of the 1st July, 1873, referred to in the evidence of Mr. W. S. CJore, Deputy C passed, were any minerals reserved uub gold and silver, but by section 6 of that Act oal was also reseived. It W' not until the passing of the Clement's Act, chaptu 15, 4.^) Victoria, however, as I have before pointed out, that any provision was passed to reserve minerals from the settler and to grant them to a railway company. In 1875, by section 1, of chapter 13, 3S Victoria, a grant of lands not to exceed 20 miles on each side of the railway line was made to the Dominion Govenijuent to aid in constructing a railway between Nanaimo and P^squimalt Ilnrboi, provision for building a railway between that harbor and Victoria having been made in 1873, by chapter 23, 30 Victoria, no land grant being, however, provided for this enterprise. By one of the sections of this latter Act provision was made that none of its provisions were to take effect until the Pacific terminus of the Canadian Pacific Kail way had been officially announced, and not until the 31st Dec(!mber, 1874, unless tliat company had previously selected and acquired all the laniKs in the district through which the Victoria and Esquiraalt Railway was to run. The charter of the then proposed Canadian Pacific Bailway Company having been revoked, the time in which the construction of the Victoria and Esquimalt Railway was to be commenced and completed was fixed by section 2, of chapter 29, 39 V^ictoria (1876), by section 3 of which Act it was, how- ever, provided that nothing in that Act should effect or interfere with the Esquimalt and Nanaimo Railway Company. In 1882, however, when the Clement's Act was passed, chapter 16, 45 Victoria was passed to repeal chapter 13, 38 Victoria. I have deemed it advisable to refer to all these Acts in this report to facilitate reference in ca.se it may be thought necessary to examine them, because of my statement that it was not until the passing of the Clement's Act that provision was made for the granting of surface rights only to the settler of lands he had squatted upon, or because of any other reason. "The tract of lands which was reserv d to aid in the construction of the railway to be built by the company incorporated by the Clement's Act, is the tract of land reserved by the notice of the 2l8t April, 1882, and all of Vvhj'^h, except the portion described in section 4 thereof, was granted to the Dominion Government by chapter 14. I may here quote section 19 of the Clement's Act : — " 19. All farming squatters who have made permanent improvements, and who " have permanently resided for not less than two years previous to the passing of this Act 8 " upon any of the lands to be granted in pursuance of this act, shall be entitled to pur- •• chase from the company the lands upon which they have so resided, at the price of one " dollar per acre ; but all coal and other mines and minerals, in and under such lands, " shall be reserved and granted to the company." Until these provisions became known to the settlers or squatters whose claims are the subject of this report, it is established, T consider, by the evidence that although most of them knew of the res>^. vation of the tract of land, all of them expected and believed that they would ultimately receive Crown grants for the land they respectively claimed, which would make tliem owners in fee thereof, without any reservation in the Crown grant as regards minerals, excepting only gold and silver. When the provisions of the section (19) I have quoted from the Clement's Act became known, the settlers united in an effort to secure what they evidently believed they were justly entitled to, and having brought their troubles and fears to the atten- tion of the then Governor (General of Canada, the Marquis of Lome, when he visited Nanaimo, during the tour he was then making through the Province, by his advice pre- pared and forwarded to Ottawa the petition which is repeatedly referred to in the evidence, and of which a copy is hereto attached. It is as follows : — " To His Excellency the Governor General of the Dominion of Canada in Council "assembled : " The undersigned settlers and scjuatters on sections of lands within the railway " reserve belt on Vancouver Island, humbly beg that Your Excellency in Council will " take into your early consideration the previous prayers of your petitioners, wherein " they have requested that an ofhcial intimation would be given them that the settlers " or squatters would be secured in their promised rights and that they would be able to " obtain the land on the same terms and conditions as similar lands outside the railway " reserve have in previous years been conveyed to pre-omptors. '' And your petititioners, as in duty bound, will ever pray, etc , etc., etc." As it appears by the records of the I department of the Interior the petition having been referred to the Privy Council was referred to the then ISIinister of the Interior for report. The only material action which seems to have been taken with regard to it was to refer it, on the 2nd February, 1884, for report to the Hon- ourable Joseph Trutch, then resident agent for Canada in British Columbia. Mr. (now Sir Joseph) Trutch sinqily acknowledged the recinpt of the reference and stated that the claims s'>t forth in the petition liad been fully dealt with by the Act, chapter 14, before refeired to. The manner in which the claims had been " fully dealt with " will be made I'lear to any one who will first read the petition of the settlors above quoted, and then read section 2. "5 of chapter 14, which limited the settlers to a grant of the surface rights only, on the lands they claimed. /Tt is very difficult to pass, without severe criticism the studied cold blooded indifference, to the claims set forth in the petition, which was displayed by the then resident agent of the Dominion in the " report," I have referred to. That it was his duty to have secured to these settlers, what I consider they had a right to expect, T do not think. That duty was then, as I consider it is to-day, upon the (lovernun iit of the Province, in which these settleiis lived, and in which were the lands upon which these settlers had been permitted to make their homes. Hut it was the duty of the resident agent, when a reference of the petition was made to him, to have reported either for or against the claims and to have stated clearly the grounds upon which his opinion was ba.sed. However, his report in this matter exactly corresponds with the action which appears to have been taken by all persons who had to deal with it, and I cannot pass unnoticed here a point that struck me when reading the 15th clause of the " Agreement with British Columbia" which is contained in the schedule to chapter G. That clause relates to the then pro- posed amendment by the Legislature of the Province of chapter 14, of 46 Victoria, and in it particular reference is made to the proposed amendment of sections, 23, 24, 25 and 2(> of that Act. By comparing the corresponding sections, 23, 24, 25 and 26, of chapter 14, 47 Victoria, by which chapter 14, 46 was repealed, with sections 23, 24, 25 and 26 of that Act, it will be seen that no alteration whatever is made in two of the sections, and that the only material amendment is to make provision for the payment by the settler of $1 per acre for his land. This very necessary provision, in the interest of the 1 9 tied to pur- price of one such lands, lims are the lough most id believed ely claimed, the Crown ment's Act ly believed the atten- 1 he visited advice pre- to in the in Council the railway /ouncil will 's, wherein the settlers be able to ;he railway le petition I Minister been taken the Hon- Mr. (now stated that hiipter 14, with " will ve quoted, 'ant of the ss, without rth in the ion in the se settlers, then, as I ^se settles rniitted to nice of the nd to have 1 report in >een taken point that Columbia" then pro- jtoria, and 24, 25 and of chapter 25 and 26 e sections, mt by the ire.it of the JRailway Company, h.ad been overlooked when section 23 of chapter 14, 46 Victoria, was framed. Another matter which goes to establish my opinion that the claims of these settlers were neither carefully nor fairly considereil is shewn by the time that was given to them to decide whether they would accept the settlement of their claims secured to them by section 23, of chapter 14, and sub-section 2, of section 7, of chapter 6, or not. This time was fixed by the notice of the 7th of May, 1S84, of which a copy is hereunto attached, and which was published in the British Columbia Gazette of the Sth and loth of that month, and in one or two local newspapers. Settlers who had been agitating for upwards of two years for a title to Iwtii the surface rights and the under-rights of the lands claimed, were thereby given, at the most, twenty-three days, and in all pro- bability, in view of poor postal and travelling facilities of that day, not one-cjuarter of that time in which to decide whether they would accept what had been provided for them or run the risk of the lands being given to others, as thej' were warned by the notice that the lands in (juestion would be thrown open to other settlers after the 1st June next (1884). First the claims of these poor settlers "were fully dealt with " by taking from them what they had all along been claiming they were entitled to, and then they were given short and peremptory notice to come in and accept what had been left for them, and save it from being given to others. Truly Mr. Patrick Dolan had much ground for believing that : " the law does not always do right by settlers.' It may be argued, however, that as the reservation for railway purposes of the tract of land referred to in the notice of July, 1873, was known to the most if not all, of these people when thej' went into possession of the lands in (juestion, and before they commenced to improve them, and that as none of them was granted a pre-emption record for the lands so taken up, until pre-emption records wore granted subject to the provisions of section 23 of chapter 1 4, and of sub section 2 of section 7. of chapter 6, they were reasonably dealt with under the provisions, and were solely responsible themselves for the results of their own illegal conduct in settling upon land which they knew was not open to settlement. In reply to such a contention I desire to point out that the evidence of the settlers and others who appeared before me does not support it. Although they were told that their applications for pre eniption record could not be granted they were not warned to keep off the land, nor were they tt>l(l tliat if they were in time granted records it would be for the surface rij/hts only. Indeed, I think the weight of evidence supports the view that they were induced to reniaii» upon the land they liatl S(juatted upon and to believe that they would be ultimately granted tlu> ordinary pre-emption record for such lands. Those of the original sipiatters who ap})eared before me were intelligent men, and the improvements which they made upon tlieir lands are suthcieiit to establisli tlieir industry. They were a good class of settlers, uien whom the otlicials they made application to would naturally considei- should be induced to remain in the Ti-ovince. Mr. Thomas Cassidj", who first took possession of his land in 1878, made an application in writing with atiothcr settler, Mr. Charles Stewart. Mr. Fawcett, the Agent to whom the applications wert> niad(> refused to grant entries, but kept the applications. INlr. Cassidy was one of the four who made application for 1,000 acres of mineral land. This application was lefused, the Agent stating that if he ever got land he would only get 1(!0 acres. The meaning is clearly 100 acres by the usual Crown grant, not simply the surface rights thereto, the grant of surface rights with the under- I'igi'.ts reserved being then unki\own in the Province. The Aijent did not warn Mr. Cassidy off the land, but on the contraiy allowed him to go to his home with the belief that he would ultimately obtain the usual title for other land he had also applied for, tt> the extent of ItiO acres. Mr. (Jeorge Vipond first took possession of his land in 187"). He made a written application for entry to R[r. Fawcett who told him the land was not open to entry, but when it was open he would get it subject to the provisions of the Land Act in force when he made application. Later on in the evidence Mr. Vipoml stated that Mr. Fawcett told him that the settlers' rights would be i-espected. Mr. Archibald Hannlton first located his land in 1878. He made a verbal applica- tion to Mr. E. CJ. Prior, who is now one of the representatives in the House of Conmiona, ^i 10 for Victoria, and who in 1878 was Assistant Commissioner of Lands and Works, at Nanaimo, that being the correct title of Mr. Fawcett, of Mr. Prior who succeeded him, and of Mr. Bray, the present Agent, who succeed Mr. Prior. According to Mr. Hamilton's evidence Mr. Prior told him, when he verbally applied to him for entry, that he could not give him entry but would note that he had applied. Mr. James Paterson who was sent by his brother settlers m 1891, to Ottawa to urge these claims upon the Government of that day, and who then had an interview with the present Premier of the Dominion, the Right Honourable Sir Wilfred Laurier, first located his land in 1879. He applied to Mr. Fawcett, and, as he had heard of the Railway Reserve asked him whether, if he was taking up land as a home for himself and family, he would take a piece of the tract reserved. Mr. Paterson swore that Mr. Fawcett said he would, and I believe Mr. Paterson. Depending on Mr. Fawcett's answer, Mr. Paterson went on the land he had selected and made it his home. His improvements are valuable and he is living on the land to-day. When Mr. Prior was agent Mr. Paterson had his land surveyed. He brought the plan of survey to Mr. Prior who took it and said " nothing." Mr. Paterson's application was in writing. It was produced by Mr. Bray and a copy of it is attached to the evidence, and I have not the slightesl doubt that when Mr. Paterson left it with Mr Fawcett he firmly believed that he would in time leceive the usual Crown grant for his land. Mrs. Agnes Frew, to whose deceased husband a Crown grant had issued, in his life- time, for 196-75 acres of " Belle Isle Island," and by which the only minerals reserved were gold and silver, applied in 1880, for the remainer of the Island, 83-25 acres. Mr. Bray gave her to understand she could have it, but subsequently she applied to Mr. Gore, who told her it belonged to the Railway Company. Mr. Samuel Jones having in 1880 agreed to buy the stock and improvements Mr. Crane had made upon a certain piece of land, made enquiry of the then agent as to Mr. Crane's right to the land before he — Mr. Jones — closed the purchase. Mr. William Hodson, who first located his land in 1877, made a verbal application to Mr. Fawcett, who did not warn him off the land, but on the contrary simply told him it was not in his power to give him any right to the land at that time. Mr. Hodson surely expected from Mr. Fawcett's reply that he would in time receive entry for his land, as he went ahead and made very valuable improvement upon it. Mr. George Taylor did not locate his land until 1883, but his claim to it was based upon the prior claim or right thereto of a Mr. McKay, whose improvements upon the land he had purchased. Mr. Bray recognized his right to the land before he obtained a pre-emption i-ecord in 1884. A Mr Frank Holden wanted 60 acres of it, but his appli- cation was refused by Mr. Bray who decided that Mr. Taylor was entitled to the land. Mr. William Jack first located his land in 1876, and in that year he and a partner, Mr. Emmanuel Wiles, made application to Mr. Fawcett, in writing, for two adjoining parcels of land. Mr. Fawcett took Mr. Jack's application, wrote his name on an envel- ope, and put both in a drawer in the office, saying that he could do nothing further for him then land. Mr. McGregor applied in 1879 for his land, to Mr. Prior, who took his application, and said that the land was not open for entry just them, but that he would keep the application until the land was thrown open. Mr. Emmanuel Wiles gave evidence on the point I am now dealing with, which corresponds with the evidence of Mr. Jack before noted. Mr. Fawcett took his applica- tion and put it away and told him he would have to pay for the land when notified, that he could go on the land and would get it when it came into market. Mr. William Morgan, in 1882, bought out the interests of Mr. Bruno Mellado, who he believed had taken up the land in 1876. At all events when ho bought it he went to Mr. Bray's office, and Mr. Bray first looked at the conveyance to him, Mr. Morgan, of Mr. Mellado's improvements and " transferred Mellado's right to him," Morgan. Mr. Charles Bennie located hia land in 1881. He then applied for entry to Mr. Bray who told him that all he could do was to put a mark on the section on the plan. Part of the lands so applied for was an Island, but as there was another applicant for it, Mr. Bray refused to note his claim as to the Island but set aside other land in lieu of it for him. but would let him know later on and that he would have the first right to the nd Works, at ucceeded him, 'ding to Mr. im for entry, to Ottawa to an interview fred Laurier, I heard of the oe for himself tvore that Mr. ^Ir. Fawcett's home. His fr. Prior was urvey to Mr. n writing. It nd I have not rmly believed led, in hi.s life- ral.s reserved 5 acres. Mr. pplied to Mr. ovements Mr. jent as to Mr. )al application mply told him Mr. Hodson entry for his it was based mts upon the he obtained a but his appli- 1 to the land, and a partner, two adjoining 3 on an envel- ng further for st right to the is application, 'ould keep the g with, which ak his applica- (vhen notified, Mellado, who jht it he went , Mr. Morgan, Morgan. 1' entry to Mr. 1 on the plan. )plicant for it, and in lieu of 11 Mr. James Malpass, to whose evidence I desire to draw particular attention, as I was very much impressed with both the man and his statements, and know that he is held in the highest esteem by his neighbors and by all who knew him, who spoke of him to me, stated that he first took up his land in 1879, when he made a written application to Mr. Prior for it ; that Mr. Prior told him he could not record his entry, but that he could leave his application and when the lands were thrown open to entry he would get the first chance ; that neither Mr. Prior nor any one else objected to his going on the land, but that they encouraged the settlers to remain on their lands. I wish to draw special attention to the following statement which Mr. Malpass made: — "The officials at Victoria, the Premier at that time and our member advised us to stay on the land, they thought it would be safe to stay on the lands and when there was a settlement we would get our rights." Mr. Patrick Dolan first located his land in 1879, when he made application to Mr. Prior for it. His application was one of those which Mr. Bray was able to produce. A copy of it is embodied in the transcript of Mr. Dolan's evidence. The original bore Mr. Prior's initials. Mr. Dolan's statement with regard to Mr. Prior's acceptance of it, after he had made his initials upon it, was : " I will put it away for you, Mr Dolan, and you will have first right to the land when it is thrown open." He also swore that Mr. Prior advised him to go into possession of the land, " as if he didn't somebody else might get it ; " that he advised him, Mr. Dolan, to build a house on it ; that lie did so and that he and his family had been living there ever since and were living there when he gave his evidence. The extent and nature of the improvements which Mr. Dolan made upon his land show him to be a settler of whom any country should be proud. After ]\lr. Bray had succeeded Mr. Prior, Mr. Dolan purchased the improvements of a Mr. Samuel Saunders on an adjoining 160 acres of land, and his rights thereto ; he told Mr. Bray of the transfer to him, and as Mr. Bray told him he could not hold the Saunders claim and the lands he had originally located, as he would not have more than 160 acr^^a, he selected the 160 acres tor which he subsequently ob'ained from the Railway Company a grant of the surface rights only. Mr. John Hill first located his land in 1879. He made verbal application for it to Mr. Prior, who said " Jack, I caimot give you any record of your lands now, the lands are locked up," but that "he would have first chance." Mr. Thomas Rickard, who took up his land in 1877, swore that he applied verbally to Mr. Fawcett, who gave him " good encouragement " to go on the land. He did so, substantially improved the land and proved himself to be a good settler. Mr. Joseph Hoskin, whose land was first located by his son in 1878, went to Mr. Bray about two years, or so, afterwards, and M r. Bray struck out the son's name, and put on the fathei-'s name for the land in (juestion. Mr. Parker White, a poor man, who after struggling for years to acquire a home for himself and who yet resides upon the land he selected fur that purpose, although he is no longer its owner, having been been unable to pay oflF certain loans made to him to secure the payment of which he had executed mortsages against it, appeared before me on behalf of the present owner. Mr. White's evidence was, in efl'ect, that he first located the land in 1877, had applied to Mr. Prior for a pro-emption record, in writing, and that Mr. Prior had put it in a box and given him to understand that when the other settlers got their lands he would get his. I have noted only those cases in which the claimants appeared before me, and gave evidence upon the point now being considered, namely, what effort they made to obtain entry, and what the reply or action of the Agent was to whom the application was made. Mr. Bray, in his examination, stated that his answer to all who applied to him for entry was " that lands were reserved for railway purposes." Now, very few of the claimants who gave evidence denied having knowledge of the reserve. On the contrary, nearly all of them acknowledged that they were aware of the reserve, when they went upon the lands they selected. But from what was said and from what was done by the Agent, they without question expected that the tract reserved would be thrown open to entry, and that they would each get the usual title to the lands they claimed. I, therefore, deem it advisable to give in this report the effect of many of the claimants' evidence upon this latter point. y ) I i i 12 Mr. Thomas Cassidy, a very intelligent, though uneducated man, who gave his answers carefully and with evident desire to speak " nothing but the truth," stated that when he paid for his land, after obtaining a record for it, he thought he was paying for all rights, and that he did not know that he had not got them till he received the patent which was issued, for the surface rights only of his land, by this Department. He knew of the reserve, but " not Vjeing an educated man he took other peoples' word" that he would be safe in taking up the land ; that he always believed that he would get the minerals, and that the agent had never told him he would not get them. Mrs. Elizabeth Fiddick, who claimed from one John Grandam, who first located the land in 1875, stated that she was disappointed when she received the patent for it and found the minerals reserved. Mr. Gsorge Vipond, who received a deed from the railway company for the surface rights only, gave evidence to the same effect. Mr. Archibald Hamilton, who received a patent, issued by this Department, for the surface rights of the land he claimed, gave similar evidence. Mr. James Paterson .swore that when he paid for his land he expected he was pay- ing for it " in its entirety," and that at first he refused to accept a grant for the surface rights only. Mr. Samuel Jones stated that when lie paid for his land he " expected to get it as all former settlers had got theirs ;" that had he known his patent was going to contain the reservations it does contain he would never have paid for his land. Mr. Daniel Webster Cochran, who received a deed from the railway company for the land his deceased father-in law had taken up in 1877, never knew the minerals would be reserved until he got his deed. Mr. A Jrew McKinley, who first located his land in 1877, and applied to Mr. Fawcett in writing for it, has never received a deed for his land. He obtained a record for it from Mr. Bray in 1884, but stated positively that nothing was said about surface rights. He afterwards paid for the land, but did not consider the deed in the form used by the company was worth asking for. He would not take a deed iu that form if one was offered to him. Mr. William Hodson admitted that he knew of the reserve, but stated that he expected to get the minerals until he received his deed, that until then he always expected the same title to his land that settlers outside of the reserve got to theirs. Mrs Isabella Bates gave similar evidence. So did Mr. George Taylor, who although he had heard rumors that they wouldn't get the minerals, believed that as certain of his neighbors, who had obtained title to their lands by Provincial Crown grant, had got their minerals, he would get his. They pay !$1 per acre, so did he. Mr. Taylor also stated that he would not have paid for the land had he not expected the minerals. Mr. William Jack stated that when he applied to Mr. Fawcett in 1876 a grant of lands without the minerals was unknown, that everything was covered by the Crown grant, except gold and silver. Mr. George McGregor, who had paid for his land and who held a receipt for it, stated that he had never thought it worth his while to apply for a deed after he saw the, form of a deed which was being issued by the Company, that he " wanted a home of his own the same as people got in other parts of the province," and that he did not consider he had got what he had applied for or what he had paid for. Mr. Emmanuel Wiles did not want to take his deed when he saw the kind it was, and he only took it because " it was that or nothing." Mr. William Morgan also stated that he didn't know he would only get the surface rights until he got his deed from the Company ; thought when he paid for the land h<' was paying for both the surface and under-rights, and considered he had been " robbed of his rights." Mr. Charles Bennie, who held nothing but a receipt for his purchase money, stated: that he would not have paid for the surface rights only, and that he would not ask for a deed in the form used. Mr. James Malpass stated that he first heard the minerals were reserved by the Clement's Act ; that although a protest was made then he did not feel certain they would not get the minerals until he got his patent, and that he knew of the reserve when hei 13 I, who gave his th," stated that was paying for he received the lis Department. peoples' word" lat he would get hem. ho first located he patent for it y for the surface )artment, for the cted he was pay- it for the surface cted to get it as going to contain ay company for e minerals would applied to Mr. )btained a record lid about surface eed in the form d iu that form if it stated that he then he always ;ot to theirs, or, who although lat as certain of 'n grant, liad got Mr. Taylor also le minerals. 1876 a grant of 1 by the Crown a receipt for it, I after he saw the ted a home of his I did not consider the kind it was, y get the surface , for the land he td been " robbed tse money, stated )uld not ask for a reserved by the' rtain they would reserve when he first applied to Mr Prior, but that " no such a thing as a grant of the surface rights only " was known then. Mr. Patrick Dolan gave similar evidence, so did Mr. John Hill. Mr. Isaac Emblen, a young Englishman, who had only come to the Province from Liverpool in 1882, and who stated that he had not even he^rd of the reserve, also stated that he was certain he was paying for both the minerals and the surface until he got his deed. He refused to accept his deed when he saw what his title was. Mr. Lawrence Manson, one of Nanaimo's leading merchants, who became possessed of land located by one John Ead in 1879, and who paid his purchase money before he saw the patent which issued in Ead's favour by the Department of the Interior, stated he believed when he was paying his purchase nyoney " he was purchasing the land entire ;" although he was aware of the reserve of the Railway Belt, he did not know that the minerals were reserved until he got his patent. Mr. Manson also stated that his assessment notices for the taxes on the land, contained no reference to his being the owner of the surface rights only. The fact that Mr. Manson is a merchant and not a farmer or miner, as nearly all the other claimants are, and that he did not knew that the settlers were to be granted the surface rights only, is of itself strong proof that the provisions of section 23, of chapter 14 and of sub-section 2, of section 7, of chapter 6, had not been made known to the public as clearly as they should have been, if indeed they were ever made known except in so far as the passing and publication of the Acts which contain them, and as the notice of the 7th May, 1884, made them known. Mr. Thomas Rickard acknowledged he knew of the reserve of the land, but stated he expected to get everything, until he got his deed. Mr. Joseph Hoskin's testimony on this point is to the same effect. Mr. Samuel Bennie, whose title to all of his land, except 25 acres, is under Provincial Crown grant, — which, therefore, covers the minerals, — and who when he found that most of the improvements, which it was thought were on the Crown granted lands, were on this 25 acres, applied for this piece of land, and in 1884 paid the $1 per acre for it, would net take a deed for it in the form which was issued by the company to the settlers, as he considered " two persons could not own one piece of land." Other persons who appeared before me and whose names I have not mentioned gave similar evidence, and I may close my remarks upon this point with reference to a statement made by Mr. C. C. McKenzie, ex-M.P.P., whose business includes that of securing loans on mortgage security. Mr. McKenzie has lived in Nanaimo for many years, and because of his position and business, should have known, it is assumed, what these settlers were to receive, in full satisfaction of their claims. In his evidence as a witness for Mr. Emblen, his statement that he advised Mr. Emblen and a Mr. Fiddick, another settler, not to take a deed in the form which was being used by the company, is a fair expression of a disinterested person's opinion upon the title that was being granted to the settler. I think no further comment is necessary to support my opinion that the settlers had strong grounds for believing and expecting not only that they would receive the same title to the lands they claimed, but that they would ultimately receive the same title thereto which other settlers, on lands outside of the tract reserved, obtained by Provincial Ci-v" V, grant. Outside oi the evidence I have referred to, the possibility of a grant of thtt surface rights only did not arise until the Clement's Act was passed, and as nothing was done under its provisious, it must be acknowledged, in view of the purport of the sworn testimony of so many persons and of the action taken by Mr. Fawcett, Mr. Prior and Mr. Bray to protect them, at different times, with regard to their lands, that they were considered to be entitled to such lands, that the extent of such rights as understood by the settlers was well known, and that before they were deprived of any part thereof they were at least entitled to be heard. The blame does not attach to the above named gentlemen, to the officials of the Department of Lands and Works, nor to the shareholders of the Esquimalt and Nanaimo Railway Company, but it does attach to those who are responsible for the provisions of the Provincial Act chapter 14, 47 Victoria, and of the Dominion Act, chapter 6, 47 Victoria, to which I have repeatedly referred. The officials who had to adminster the law, appear to have gone beyond the powers of their office in holding for the settlers the lands they claimed. The shareholders of the railway company 3r U I i ^' 1 J ! 2 ., \l wanted the best terms that could be secured, and they got them ; settlers' rights were no obstacle to be considered, and the necessary legislation was quickly and quietly obtained to trim down such rights to suit the wishes of the shareholders. The then Government of the Province of British Columbia is responsible for that legislation, and it is to a Government of that Province those who suffer from the injustice done, must look for redress. The duty of the then Dominion Government in the matter was only that of a trustee. True, the petition of 1882 received but the worst kind of attention, and similar indifference to these settlers' rights was displayed in the preparation and passing of the Dominion Act, chapter 6, 47 Victoria ; but the duty of safe-guarding the settlers in question was upon the Government of the Province. When the provisions of chapter i4 and chapter 6 came to be administered, it was found, said Mr. Gore in his evidence, that no procedure had been thereby established under which the squatters' cases could be dealt with, and the laws in that behalf of the Province with regard to other lands were therefore adopted. I produced to Mr. Gore the letters and schedules, forwarded by the Chief Commis- sioner of Lands and Works, upon which the Department of the Interior issued patents to certain of the squatters in question. A copy of one of such letters, and a copy of the schedule which accompanied it, which Mr. Gore identified, with the other originals, are attached hereto. So also, are copies of a list of the patents issued by the Department of Interior, of one of such patents, and of the patent issued by the Department to the railway company. In reply to a question as to the duty of the Department upon receiving a letter and schedule such as those above mentioned, he answered that it was incumbent on the Department to issue patents in favor of the persons named in the schedule for the lands set opposite their respective names for the surface rights only. The Department of the Interior, therefore, issued patents to settlers in accordance with such letters and sche- dules, as they were received, until the company had completed the line of railway between Esquimalt and Nanaimo, when the grant to that company was made. After that date the lands were administered by the company, and those settlers who had not received patents from the Department had to pay their purchase money to the railway company's agent at Nanaimo, and to ace -pt deeds in the form which the company adopted for the purpose. The Order in Council of the 30th November, 1896, which is referred to in my commission, and of which a copy is thereto attached, particularly relates to a tract of 86,346 acres of land for a grant of which, so that it might be conveyed to the railway company, application had been made, such area being the area of lands to which accord- ing to the application, the Dominion Government was entitled, under the provisions of section 3 of chapter 14, as being "equal in extent to those alienated up to the date of this Act by Crown grant, pre-emption or otherwise, with the limits of the grant mentioned in section 3 of this Act," that is, within the limits of the tract of lands for which letters-patent issued to the company on the 2l8t April, 1887. An impression prevailed when this Order of the 30th November, 1896, was passed that the mineral or under-rights of the lands so alienated had ueen granted to the com- pany by the above mentioned patent of the 21st April, 1887, and that if the application now being referred to was acceded to the company would own the mineral or under- rights of the tract of 86,346 acres so alienated, and also of the tract of equal area referred to in the application. A list of the alienated lands, the area of which amounts to 86,346 acres, was produced by Mr. Gore, when he gave his evidence before me, and a copy of it is attached hereto. It will be seen by referring to Mr. Gore's evidence with regard to this matter that the mineral or under-rights of such land do not belong to the company, as they had been granted to the respective pre-emptors or grantees of such lands, by Crown grant, issued by the province. I carefully examined the records in Mr. Gore's office and, out- side of his evidence, satisfied myself that there were no grounds whatever for the position taken in the Order in Council of the 30th November, 1896, and that if no other obstacle exists, the application I have referred to should be acceeded to without further unnecessary delay. It is not out of place for me to note here that although a copy of the Order of the 30th November, 1896, was submitted to the Provincial Government in the usual manner, i 15 rights were no lietly obtained n Government and it is to a must look for only that of a )n, and similar passing of the he settlers in istered, it was )y established behalf of the ^hiei Com mis- issued patents i a copy of the V originals, are Department of ; to the railway ceiving a letter ambent on the e for the lands irtment of the ters and sche- ilway between xter that date d not received way company's dopted for the red to in my I to a tract of to the railway > which accord- > provisions of up to the date i of the grant ct of lands for i I I and although attention was subsequently repeatedly called to it, no action has thus far been taken by the Provincial Government concerning it or the matter to which it relates. In view of all the circumstances which I have thought necessary to mention or refer to in this report, I consider it the duty of the Government of British Columbia, notwith- standing the position the settlers, who are affected by section 23 of chapter 14 and sub- section 2 of section 7 of chapter G unquestionably placed themselves in by accepting pre- emption records, subject to such provisions, to take prompt action which will satis- factorily remove the injustice which has resulted from these provisions, and which will end an agitation which was commenced when the provisions of section 19 of the Clement's Act were first known and which was resumed after the settlers found out that they had received or were to receive a grant of the surface rights only of the lands they had settled upon and, I think I may add without fear of contradiction, had been permitted to settle upon. British Columbia, rich in her mines, her fisheries, her timber and other of nature's stores, g"Ve bounteously of her most valuable lands to the builders of her Railway. Before such lands passed from her keeping it was the duty of that Province, the duty of those who were charged with the conduct of her public affairs, to make proper and suffi- cient provision for safe-guarding the rights of all settlers who went into occupation of any of such lands, under the circumstances which have been stated in this report. Such provision was not made, however, but, on the contrary, provisions which legalized the injustice against which the settlers had protested, were embodied in the Acts I have referred to. I repeat, therefore, that I consider it the duty of the Government of British Columbia to take such action as will promptly and satisfactorily remove the injustice. I cannot close this report without expressing my appreciation of the assistance given to me by Mr. Gore, Deputy Commissioner of Lands and Works, at Victoria, and by Mr. Bray, Assistant Commissioner of Lands and Works, at Nanaimo, in my examination of the records of their respective offices with regard to this matter ; or without drawing attention to the very intelligent and satisfactory manner in which Miss Barber performed the duties that were assigned to her. I have the honour to be, Sir, Your obedient servant, T. G. ROTHWELL, Commisaioner. )6, was passed ;ed to the com- the application eral or under- il area referred 346 acres, was I it is attached to this matter ly, as they had ■ Crown grant, office and, out- 'or the position other obstacle lerunnecessary ) Order of the usual manner. , I ] ij rm-^mfffgff COPIES OF COMMISSION AMD OTHER DOCUMENTS REFERRED TO IN REPORT. il i if i !. {' Extract from a Report of the Committee of the Honourable the Privy Council, aj)proved by His Excellency on the 10th August, 1897. P. C. No. 2393. On a Report, dated 5th August, 1897, from the Minister of the Interior, sub- mitting that he has had under consideration the several matters dealt with in the Order in Council of the 30th November, 1896, of which as well as of the despatch and enclosures referred to in such Order, copies are hereunto annexed, and that he has arrived at the conclusions that it is desirable that the nature of the title, of any settler upon the tract of lands mentioned in such Order as having been already con- veyed to the Esquimault and Nanaimo Railway Company, to land within such tract, purchased or pre-empted by him should be ascertained without further delay, where such settler having been granted the surface rights only to such land considers that he has thereby been deprived of rights guaranteed to him by Sub-section 5 of Section 7 of the Act 47 Victoria, Chapter 6. The Minister therefore respectfully submits that it is expedient to afford each of such settlers on the tract of lands before mentioned claiming to be entitled to more than a grant of the surface rights only to any land within such tract, or any person claiming title from such s sttler, an opportunity of establishing his title to the land he claims, before a Commissioner to be appointed by Your Excellency in Council, and to be clothed with the powers of summoning witnesses and of requiring them to give evidence on oath, and with the other powers which may be conferred upon him under the provisions of Chapter 1 1 4 of the Revised Statutes of Canada. The Minister therefore recommends that Thomas Gainsford Rothwell, of the City of Ottawa, in the Province of Ontario and Dominion of Canada, Law Clerk of the Depart- ment of the Interior, be appointed a Commissioner for the purpose aforesaid, to conduct an enquiry into each and every claim of the nature before mentioned, and that he be also authorized to enquire into and report upon any other matters connected with or in any way concerning the said tract of lands or any matter relating thereto, which may appear to him material that Your Excellency in Council should be informed of ; and that there be conferred upon him by his Commission, all powers which Your Excellency in Council is authorized to confer by virtue of the provisions of the Act last above referred to. The Committee submit the above recommendation for Your Excellency's approval. H. G. LaMOTHE. Assistant Clerk of the Privy Council. To the Honourable The Minister of the Interior. 16 'N ncil, approved Interior, sub- It with in the the despatch and that he e title, of any n already con- lin such tract, urther delay, and considers on 5 of Section d each of such more than a arson claiming and he claims, 1 to be clothed dence on oath, provisions of 1, of the City of the Depart- ed, to conduct .nd that he be ted with or in to, which may rmed of ; and which Your 18 of the Act cy's approval. HE. 'rivy Council. 17 Great Seal OF Canada. ABERDEEN. CANADA. Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, etc., etc. To all to whom these presents shall come concern, — OREETINfJ : — OR WHOM THE S.\ME MAY IN ANYWI8B Whkreas it appears from a report from Our Minister of the Interior that it is desirable that the nature of the title of any settler upon the tract of lands mentioned in ■ the Order of His Excellency, the Governor General in Council, bearing date the thirtieth I rlay of November, in the year of Our Lord one thousand eight hundred and ninety-six I (a copy of which is hereunto annexed) as having been conveyed to the Esquimalt and I Xanaimo Railway, to land within such tract purchased or pre-empted by him, should be \ ascertained without further delay, where such settler having been granted the surface \ rights only to such land, considers that he has thei eby been deprived of rights, guaranteed ■ by Sub-section 5 of Section 7, of the Act passed in the 47th year of Our Reign Chaptered ) 0, and intituled " An Act respecting the Vancouver Island Railway." I And Whereas we deem it expedient that each of the settlers on the tra t of lands i before mentioned claiming to be entitled to more than a grant of the surface rights only 5 to any land within such tract, or any' person claiming title from such settler, should be •; afforded an opportunity of establishing his title to the land he claims before a Com- :; niissioner appointed for such purpose, and clso that the said Commissioner so appointed i should also enquire into and report upon any other matters and things connected with i ov in any way concerning the said tract of lands or any matter relating thereto, which I may appear to him material that Our Governor in Conucil should be informed as to ; and I further tliat inquiry under oath should be made with respect to such titles, claims, matters ^; and things hereinbefore mentioned, and set out : — ;'; Now Know Ye that We, by and with the advice of Our Privy Council for Canada, I do by these presents nominate, constitute and appoint Thomas Gainsford Roth well, of ; the City of Ottawa, in the Province of Ontario, in Our Dominion of Canada, Esquire, ;Law Clerk of the Department of the Interior, to be a Commissioner to enquire into, in- ivestigate, hear and report with respect to such titles, claims, matters and things as are, ^hereinbefore more particularly mentioned and set out. And We do hereby, under the f authority of the Revised Statutes of Canada, Chapter 114, intituled " An Act respecting fliiquiries concerning public matters," confer upon you, Our said Commissioner, the power |of summoning; before you any witness and of requiring them to give evidance on oath, lorally or in writing, or on solemn atHrmation, if they are persons entitled to affirm in Icivil matters, and to produce such documents, and things as you, our said Commissioner, ""shall deem requisite to the full investigation of the matters into which you are hereby ippointed to examine, inquire into and investigate. To have, hold, exercise, and enjoy the said office, place and trust unto you the said Thomas Gainsford Roth well, together with the rights, powers, privileges and emoluments into the said office, place and trust of right and by law appertaining during pleasure., And We do hereby require and direct you to report to Our Minister of the Interior, khe result of your investigation, together with the evidence taken before you and any ppinion you may see fit to express thereon. In Testimony whereof. We have caused these Our Letters to be made Patent and |he Great Seal of Canada to be hereunto affixed — Witness Our Right Trusty and Right, /^ell- Beloved Cousin and Councillor, The Right Honourable Sir John Campbell Hamilton Jordon, Earl of Aberdeen, Viscount Formartine, Baron Haddo, Methlic, Tarves and Lcllie in the Peerage of Scotland, Viscount Gordon of Aberdeen, County of Aberdeen, 18 in the Peerage of the United Kingdom, Baronet of Nova Scotia, Knight Grand Cross of Our Most Distinguished Order of Saint Michael and Saint George, etc. etc., Governor- General of Canada. At Our Government House in Our City of Ottawa, this tenth day of August, in the year of Our Lord one thousand eight hundred and ninety-seven, and in the Sixty- first year of Our Reign. By command. JOSEPH POPE, Under Secretary of State. A. POWRR For the Deputy of tl.e Minister of Justice, Canada. li! \'i , 1 lit V COMMISSION APPOINTING THOMAS GAINSFORD ROTHWELL, ESQUIRE, A commissioner under chapter 114 (R.S.C.) to enquire into, investigate, hear and report with respect to the claim of certain settlers within a tract of land conveyed to the Esquimalt and Nanaimo Railway Company. Dated 10th August, 1897. Recorded 3 1st August, 1897, Lib. 120, Fol. 432. JOSEPH POPE, Deputy Registrar General of Canada- Extract Jrom a Report oj the Committee of the Honourable the Privy Council, approved by His Exxellency on the 30th November, 1896. P. C. No. 1-568 J. Despatch and 8 Enclosures. The Committee of the Privy Council have had under consideration a communica- tion, hereto attached, dated 25th June, 1896, from the Private Secretary of the Lieutenant-Governor of British Columbia, transmitting a Minute of the Executive Council of that Province, relating to ihe lands on Vancouver Island, for a grant of which application has been made by the British Columbia Government, at the instance and on behalf of the Esquimalt and Nanaimo Railway Company. The Acting Minister of the Interior, to whom the matter was referred, submits the following report thereon : — The Order in Council of the 30th July, 1895, recites the facts with regard to the Railway Company's application for a grant of 86,346 acres to take the place of the lands which had been alienated from the Crown prior to the date of the transfer made by the Province of British Columbia to the Dominion of Canada by the Provincial Act 46 Victoria, Chapter 14. Under authority of that Order in Council, application was made to the Lieutenant-Governor of British Columbia, to have the 86,346 acres mentioned placed at the disposal of the Dominion Government for the purpose of being conveyed to the Railway Company. It appears from the Minute of the Executive Council of British Columbia, dated 5th June. 1896, that the Provincial authorities admit that the Dominion Government are entitled to a grant or conveyance of the area mentioned for the purpose of completing the Railway Company's grant, but submit that the company are not entitled to select the block which haa been applied for, as shewn 19 trund Cross of tc, Governor- of August, in in the Sixty- of State. ESQUIRE, [ate, hear and onveyed to the f Canada. mcil, approved a cotuniumca- retary of the ;he Executive for a grant of it the instance srred, submits regard to the 10 place of the transfer made Provincial Act iplication was 86,346 acres rpose of being ;he Executive ;al authorities ice of the area it submit that for, as shewn approximately hatched in red on the annexed plan, marked A. Instead of that block the Provincial (Jovernnient submit that, for the reasons set forth in the Minute of the Executive Council, the grant to the company should consist of the block shevn hatched in green on the same plan. xVlthough the application of the company does not specifically make reference to the mineral rights in the tract of 86,346 acres applied for, it is apparently understood, so far as they are concerned, that the grant is not to be confined to the surface rights. In this connection, the Acting Minister of the Interior submits a copy of a cjuestion which was asked by Mr. W. W. B. Mclnnes, MP., in the House of Commons during last Session, with regard to the claims of certain settlers within the tract of land already conveyed to the company. These settlers evidently are under the impression that they have been deprived of rights guaranteed to them by sub-section 5 of section 7 of an Act passed by the Parliament of Canada in the 47th year of Her Hajesty's Reign, intituled " An Act respecting the Vancouver Island Railway." Appended to Mr. Mclnnes's question is a copy of the reply which was made thereto on behalf of the Oovernment. The Acting Minister of the Interior understands from Mr. Mclnnes that the settlers referred t^) include those who were the holders of pre-emption records prior to the date of the Provincial Legislation of 1883, and that the Province, in dealing with the claims of such settlers, granted the surface rights only, and Mr. Mclnnes contends that, if the company are to receive the mineral rights in the tract of 86,346 acres for which they are now applying, it would be but right that the settlers in (juestion should now be granted the mineral rights as well as the surface rights contained within their respective holdings. If it be the fact, as alleged by Mr. Mclnnes, that the grants made by the Province to the pre-emptors referred to did not include the right to the minerals, and that such right has passed to the company, his contention in the premises would appear to be well founded, at least to the extent that the Railway Company cannot be entitled to the mineral rights in the tract of 86,346 acres, which has been patented to the settlers, and also in the 86,346 acres for which they have applied by way of compensation. The Acting Minister of the Interior is, therefore, of the opinion that, in pursu- ance of the trust imposed upon the Dominion Government by the terms of the respec- tive Acts of the Province of British Columbia, and of the Dominion of Canada, in relation to the Esquimalt and Nanaimo Railway Company's land grant, it would be desirable that the Dominion Government should ascertain the nature of the title granted by the Province to the pre-emptors in question, and also the views of the Government of British Columbia upon Mr. Mclnnes's proposition. The Acting Minister of the Interior, having this object in view, recommends that a copy of the Order in Council hereon be transmitted to the Lieutenant Governor of British Columbia, with the request that it be brought to the attention of his Executive Council, and that they be invited to send to the Dominion Government, at as early a date as possible, a statement of their conclusions in the premises. The Acting Minister of the Interior adds that, in the meantime, he has com- municated to the Railway Company the reply of the Provincial Government, and has asked the Company to state whether they accept the proposition of the Province. He has also informed the Company of the contentions of Mr. Mclnnes on behalf of the pre-emptors, and that the views of the Provincial Government are being asked in this relation. The Committee, approving of the report of the Acting Minister of the Interior, submit the same for Your Excellency's approval. JOHN J. McGEE, Clerk of Privy Council. To the Honourable The Minister of the Interior. 2^ 20 With J'. C. Xo. IMS J—lSOa ; Ref. 40'J,.in .0 J,^'(],Jlo on 82,810 (3). GOVERNMENT HOUSE, Victoria, 25th June, 1896. Sir, III the absence of His Honour the Lieutenant Governor, I beg to transmit, herewith, a certified copy of an appi-oved Minute, dated the 3rd instant, embodying a recommen- dation that a grant of certain lands on Vancouver Island, be made to the Federal Govern- ment on behalf of the Escjuiraalt and Nanairao Railway Company. I have, ifec, MAl.LCOTT RICHARDSON, Private Secretary. The Honourable The Secretary of State for Canada, Ottawa, Ont. Copi/ of a Report of a Committee of the Honourable the Executive Council, approved by Hi» Honour the Lieutenant Governor on the oth day of June, 1896. On a Memorandum from the Honourable the Chief Commission^ of Lands and Works, dated the 3rd of June, 1896, referring to a communication ft om the Acting Under Secretary of State for the Dominion, dated 13th August, 1895, enclosing an extract from a Report of the Committee of the Honourable the Privy Council, approved by His Excellency on the 30th July, 1895, covering a report from the Honourable the Minister of the Interior bearing date 11th July, 1895, on the subject of an application from the Esquimalt and Nanaimo Railway Company for a conveyance of 80,346 acres of land (the location of which is more particularly indicated by a map which accompanies the application) under Section 5 of 47 Vic, Chap. 14, Provincial Statutes; and paragraph (h) of the Agreement confirmed by Section 1 of the said Act. The Minister reports that 86,346 acres correctly represents the quantity of land which has been alienated by the Province within the limits of the grant mentioned in Section 3 of the Act cited and that the Dominion Government are entitled to a grant or conveyance of that quantity of land, but that they are not entitled to select the block extending to the northward of the 50th parallel of latitude and in the manner indicated by the map above referred to for the following reasons : — 1st. The block of land asked for by the Railway Company does not extend back from the coast the full width of the Railway Belt as contemplated by the Act, but covers a greater extent of coast frontage than is consistent with the word " contiguous " in paragraph (h) of the agreement before referred to. 2nd. Subsequent to the passage of the Act 46 Vic, Chap. 14 (12th May, 1883), the late Honourable William Smithe, Premier, and the late Honourable Robert Dunsmuir, M.P.P., in conference on the subject of the construction of the proposed Railway, and on the administration of the lands comprised within the limits of the Railway Belt, caused an estimate of the area of the alienated lands referred to in paragraph (b) of the agree- ment embodied in said Act to be made, and its position north of and contiguous to the half-way line between the mouth of Courtenay River and Seymour Narrows to be defined approximately upon the large map of Vancouver Island which hangs on the wall of the Lands and Works office. This half-way line was found to be considerably to the south of the 50th parallel. It was then arranged and agreed upon verbally by Mr. Smithe f (3). jne, 1896. suiit, herewith, g a refommen- uderal Govern- Secretary. i/, approved by of Lands and oni the Acting 5, enclosing an unci), approved [onourable the an application )f 86,346 acres shacL'oinpanies and paragraph antity of land t mentioned in d to a grant or ilect the block nner indicated )t extend back ^ct, but covers !ontiguous " in h May, 1883), >ert Dunsmuir, ailway, and on y Belt, caused of the agree- tiguous to the I to be defined tie wall of the r to the south y Mr. Smithe I I 91 and Mr, Dunsmuir that in order to avoid delay and the retarding of settlement the nOth parallel should bo taken as a line to the nKPAH'rMKNT OK TIIK SkcKKTAHY OK STATK, orv.wvA, i: (lOviMMor (uMioral tii\s liml iindor liis oonsiilorntion in Ctniiu'il, n ropoiM from tho Hoiunimblo tho MinistiM* of tl\o Intrrior Iwivrijiij (into tlio lllliol' .?nly. IS'.'."). ii\ ooniuu't ion with tli«> oonslrnotion of it niilwHV lu'twctMi Kjsqui malt ami Niiiiaimo, ami subiuittinj; in suoli oont\ivtioi\ a let tor from tho stvreUiry of tho Ks(]uimalt anil Nanuimo Kailway l^>mpany. Till' Ministor liavintj avitfil tl>i> farts in tho ease ami liavin,t' t/ir CtU)niiiftiV of thr Honoiirtihff' flir I'rlri/ Coinirif, itftprorcd hy //('.s- K.nYllcihi/ oil t/w ,UUh Jiifi/, ISiK't. On a Koport (latoil Uth .luly, Iv'^O."), from tho Ministor of tho Interior, stating that by section ',\ of Chapter It of tho Statutes of Uritish (\>lumbia, 1 SS,'<, there was graiitoil to the Hominion tJovornmont for the purpose of construct ii\j;, ami to aid in the construction, of a railway between Ksipiimalt and Nanaimo, a tract of land therein described. Sections i ami .") of the Act reforrtnl to aro as follows : - " I. There is excepted out of the tract »>f land granted by the prectuiing section all that portion thereof lying to the nt>rthward of a line runnitig east and west lialf way between tho mouth of the I'ourtenay Hiver (Couiox District^ and Seynuuir Narrows. " ."). Provided always that the (!overnn\ent i>f (Canada shall l>t> eutitle«l out of sucli excepted tracts to lands eijual in extent to thoso alienated up to tho date of tids Act by (^own grant, preemption, or otherwise, within the limits of the grant n»entione«l in section .'t of this Act." Paragraph (/>) of the proan\ble of tho Act in i|ue.stion sets forth that the lands to which the tu>verumont of Canada shall be entitled under section ;"» above quitted shall be to tho northwaixl of and contiguous to the tract nu>ntioned in section W. The Minisrer oKsorves that by the Act 17 Victoria, Chapter (!, the Parliament of Canada made pnniaion for tlf^ constru- tion of tho railway Itetwoon Ksipiimalt and Nanaimo by a Company (hereinafter rofentHl to ivs "the tVnnpany"), and for the grant to such Company, of "all tho land situut*'d on Vancouver Island which 1ms been granted to H«r Majesty by tho Ijogislature of Hritish Columbia by tho Aet last afoi-esaid, in «»id of the construction of the sivid line of railway, in so far ivs such land shall be vested in Her Majesty and hold by Her for i lie purposes of th« said milway, or to aid in the construction of the same." f^ iflHMi 23 1st. lS[Ky. Msidorntidn in iriujj (into tlio tw«'t>n I'lsqui t< s»H'i'eUiry of nmomlotl, for iumI, tliat im uls, and that I ovor to tlie in tlie sanjo patt'iit from oiilor in tin* utisinittoil for of Sfotc. iiri/, ti/>/>roiY(i [tM'ior, stating SM, tlion> was umi to aid in land tlioroiit io |nvot>(limj ast and wosi and St>vnioin' On i\w ootnplotion of tlio railway t« patont was issued to tl\«> oonipanv bv tlio (untMMunont of Canada for tlio land on N'ancouvor Islnnd wiiii-h f(>rnit snhjoct of tho Provini'ial Act of 18S;V That patent spivilioally im-ludt'd " tho full InMiotit and advantnijo of th»» rights and j>rivil»>g«vs grantvd to us liy si'otion .") " of tho Art in HUi>stion. Tho Ministor stihnnts horowith a ropy of a ItMtor fi\>in tlu' Stvrotarv of tho Ivsiiuiiualt ai\d Nanainio Railway C\>mpany, sottinij forth that the I'onipany tind, upon iMUjuiry, that St),;<1ti aoros of land withii\ tho limits of llit> tract i-onv<>yod tn ('ai\ada as afortvsaid had, prior to the dato of ^u^h oonvoyanco. hcon alionati'd l>y thrown yrant, pitM'Uiption or otherwise. 'I'hov repres(>nf that they have, tlnMef(>rt>, seleeted and laused to he surveyetl a like area of land within the trael set apart for thai purposo, and tht>y reipiest that applieatioi\ he Miaih» hy the (JoviMMunent of Canada Xo tho tiovei innent of Ihitish Colunihia for a eonvt>yanee oi this area, as shown ujion the plan iiennvith, \x\ oi-der that it may l>e transfenvd to them. The Minister further represent~s that tht> Minister of .1 ustiee. to whouj tho matter has het'n refiMred, states that the evidtnt l)(rninents was that the lands to he granted to the t!overnment of Can.ida j>ursuant to sei'tion ;"> of the I'roxineial Act, in lieu of lands whieh ha»i heen alieMat<n^ to b(^ used like the rest of the grant in aitl of the eonstruotiot\ of th(< railway, and tliat in his ojnniou the provisions relating to thi> land subsidy in the agreemeiit with the oontjaelors, as well a,s the authority to make tin* land grant to the company given by tlu' (!ovominioi\ .\ct, must he taken to extend as well (i> these laiuls as to those .actually granted by the l'ri>\incial Act. it. self. The Minister of . I ustiee advises, therefore, that it is th«< duty of th(> (loxernnient of (.^inada t«> iipply to (he (loveriuneiit of I'.ritish Columbia for a transfer or grant of lands in substitution of those so alienated as ,ifor<>.said, and to i-onvey such lands to the compniy when they ar(> transfiMied. The Minister reconunends that application lu< u\ade to the Lieutenant (uncrnor of r»ritish Columbia, anil that when th«> Lands which are the subjeittif that application havi> heen handed over to the t!ovcri\tnent of Canada thev be conveyed to the Kstptiuuilt and Nanaimo Ixailway (.\)mpany, in the same m inner as tlu>se which have ah'eady passed to the comp.iny inider patent fron\ tlu> Cioverinnent of t^.mada. The l\)unuittee .advise that a certilied copy oi this Minute, if approved, be for- warded to the liieuteimnt (iitanr,!vernor of the I'r '\inc«> of British Columbia. titled out of ' date of this lit nientioncHi the lands Co quoted shall ^ rarlianient upiimalt and and for the li which has tho Act last :a such land laiil milvvay, KSt,>l'lMAi;r AN1> NANAIMO KAILWAY VuTOUi.v, \\X\, Uecember liUh, IS'.)&. To the Honourable The Minister of Railways and Canals, Ottawa. Siu, 1 am instructed hy the Ksipiimalt ami Nanaiimt Railway Company to writo you with refeivnee to tho lands to be granted to the (Jovernment of Canaila under Section o of 17 Vio,, Cap. 11. I'rovinoial Statutes, and iniituled "An Act relating to thp Island Railway, tlio Ciraving Dock, and Railway Landis of the IVovim-e." S4 By this section the Government of Canada is entitled out of the lands excepted by Section 4 of the said Act to lands equal in extent to those alienated up to the date of the said Act (19th December, 1883), by Crown grant, pre-emption, or otherwise, within the limits of the grant mentioned in Section 3 of tlie said Act. By paragraph (b) of the agreement, confirmed by Section 1 of the said Act, it is set forth that the lands to be so acquired shall be to the northward of and contiguous to that portion of the land to be granted as therein set forth. By Act of the Dominion Parliament 47 Vic, Cap. 6, Section 3, power is given to the Governor in Council to grant to the Esquimalt and Nanaimo Railway Company, inter cUia, all of the lands situated on Vancouver Island which had been granted to Her Majesty by the Legislature of British Columbia by 47 Vic, Cap. 14, in aid of the construction of the said line of railway, in so far as such land shall be vested in Her Majesty and held by Her for the purposes of the said railway, &c. The Company, upon enquiry, find that 86,346 acres of land had been alienated by Crown grant, pre emption, or otherwise, within the limits of the grant mentioned in Section 3 of 47 Vic, Chap. 14 (Provincial), and the Compmy therefore have had surveyed out of the excepted lands a quantity equal to that alienated, as shown upon the plan forwarded herewith and enclosed within the red lines. The Company have %he honoui' to request that you will cause application to be made to the Provincial Government for a conveyance of the said lands to the Dominion Government under Section 5 of 47 Vic, Chap. 14 (Provincial), in order that they may be transferred to the Esquimalt and Nanaimo Railway Company. I have, ifcc, CHAS. E. POOLEY, Secretary. I Victoria, B.C., 19th February, 1896. The Honourable The Chief Commissioner of Lands and Works, Victoria. Sir, — I have the honour, by direction of the Esquimalt and Nanaimo Railway Company, to forward you a plan of the land surveyed by the Company north of the line running east and west half-way, between t>ie mouth of theCourtenay River (Comox District) and Seymour Narrows, which obe Company desire the Government to convey to them under Section 5 of Chapter 14, of 1884, known as an Act relating to the Island Railway, etc. On the said plan the land claimed by the Company under Section 5 is surrounded by a red band, and contains about 86,346 acres, the amount of land equal in extent to that alienated up to the date of the passage of the said Act by Crown grant, pre- emption, or otherwise, within the limits of the grant mentioned in Section 3 of the said Act. As the Company are desirous of dealing with some of this land, I have the honour to request that you will cause a grant thereof to be issued to the Company at an early date. I have, &c.. 1 ,1 CHAS. E. PERRY, Secretary, E. dk iV. Railway Company. 25 [ids excepted to the date • otherwise, kid Act, it is Id contiguous |r is given to ly Company, granted to I in aid of the Bsted in Her alienated by nentioned in Jre have had shown upon ication to be he Dominion lat they may Victoria, B.C., February 20th, 1896. Sir, — I have the hont ir to acknowledge the receipt of your letter of the 19th inst., forwarding plan of the land surveyed by the Esquimalt and Nanaimo Railway Company north of the line running east and west half-way between the mouth of the Courtenay River and Seymour Narrows, which the Company desire the Government to convey to them under Section 5 of Chapter 14, of 1884, known as an Act relating to the Island Railway, etc., and asking that a grant of this land be issued to the Company at an early date. I have, jkc, GEO. B. MARTIN, Chief Commisaioner of Lands arid Works. Hon. C. E. PooLEY, Secretary, E. tk N. Railway Company, Victoria, B.C. 'cretary. " THE BRITISH COLUMBIA GAZETTE." Published bv Authority. (Vol. XXIII, No. 24.) Victoria, 14th June, 1883. y, 1896. mo Railway north of the iver (Comox nt to convey o the Island } surrounded in extent to grant, pre- on 3 of the > the honour at an early Notice, His Honour the Lieutenant-Governor in Council has been pleased to direct that the notice dated 1st July, 1873, reserving a strip of land twenty miles in width along the eastern coast of Vancouver Island, between Seymour Narrows and the harbour of Esquimalt for railway purposes, be and is hereby rescinded ; and that all public lands lying within the following described boundaries be reserved from the date hereof, in furtherance of the construction of the Island Railway, viz : — A tract bounded on the south by a straight line drawn from the head of Saanich Inlet to Muir Creek, on the Straits of Fuca ; on the west by a straight line drawn from Muir Creek, aforesaid, to Crown Mountain ; on the north by a straight line drawn from Crown Mountain towards Seymour Narrows to the 50th parallel of latitude ; thence due east along said parallel of latitude to a point on the coast opposite Cape Mudge ; and on the east by the coast line of Vancouver Island to the point of com- mencement. By Command, WM. SMITHE, Chief Commissioner of Lands and Works, Lands and Works Department, Victoria, B.C., 12th June, 1883. npany. 26 ^11! N< OTICE is hereby given that in and by virtue of a Commission, under the (ireat Seal of Canada, issued under the provisions of Chapter 114 R.S.C., and to me directed authorizing me to investigate, h*»ar and report upon all material facts relating to the alleged rights of certain settlers, or any person claiming from any of such settlers, to the under rights as well as the surface rights of certain lands in Vancouver Island, granted by Her Majesty Queen Victoria as represented by the Dominion of Canada, by letters-patent, bearing date the 21st April, 1887, to the Esquiraalt and Nanaimo Railway Company, I shall open the said Commission at the Court House in the City of Nanaimo, on Mon- day, the 20th September, instant, at 11 o'clock, a.m. and thereafter from day to day, as such session may be by me adjourned, eithei- at the said Court House in the said City of Nanaimo, or at such other place as I may name and appoint, shall attend for the pur- pose of enquiring into all matters specified or referred to in the said Commission, con- cerning the said lands ; and all persons who are interested in the said enquiry in any way, or who desire to give or submit evidence relating thereto, and who appear before me, as above appointed, shall be heard. Dated at Victoria, this 11th day of September, A.D. 1897. T. G. ROTHWELL, Comtnissioner. N.B. — Unauthorized publication of this notice will not be paid for. T. G. R. fr^ Court House, Nanaimo, B.C., 20th September, 1897. Mr. T. G. Rothwell, Law Clerk of the Department of the Interior, the Commissioner appointed by His Excellency the Governor-General in Council, and who by his Com- mission, (of which a copy is hereto attached) issued under the Great Seal of Canada, and under the authority of the provisions of the Revised Statutes of Canada, Chapter 114, had thereby conferred upon him the powers, privileges and authority therein mentioned, attended at the above place, on the above date, for the purpose of proceeding with the enquiry to be held by him under such Commission, namely an inquiry into the alleged claims, as therein set forth, of certain settlers upon the tract of land which was con- veyed to the Esquimalt and Nanaimo Railway Company by letters-patent issued by the Department of the Interior under and in accordance with the provisions of the Dominion Statute, Chapter 6, and the Provincial Statute, Chapter 14, 47 Victoria. Before reading his Commission and other papers hereafter mentioned, the Com- missioner explained to those of the settlers and other persons who were present, the nature and purpose of the enquiry to be held under such commission and that it had been granted upon the recommendation of the Honorable the Minister of the Interior, based upon the strength of promises which had been repeatedly made to the settlers whose claims were to be investigated, and which had been lastly urged by Mr. W. W. B. Mclnnes, M.P. The Commissioner also explained that the evidence would not be taken down by a stenographer, but would be taken by an expert typist, as he proposed to read to each witness the evidence such witness had given, and to have him sign it, immediately after he had finished giving it, and before he left the Court House. This action the Com- missioner stated could not be done if the evidence was taken by a stenographer, but could be done easily with the assistance of Miss Barber, the expert to whom he had referred, who was able to take the evidence, both question and reply, as spoken. By To I of A wa M of 27 (ireat Seal oe directed ting to the [tiers, to the granted by ■ters-patent, Company, o, on Mon- y to day, as said City of the pur- lission, con- juiry in any pear before this means, he stated he was certain he would not only be able to hasten the enquiry to completion, but would be able to save every one appearing before him considerable time in appearing before him, anoken. By I I Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, &c., ifec, tkc. To all to whom, these presents shall come : — Greeting. Whereas by an Act of the Legislature of British Columbia, passed in the forty- seventh year of Our reign, chapter 14, and intituled "An Act relating to the Island Railway, the Graving Dock and Railway Lands of the Province " after reciting as is therein recited there was by section three of the said Act granted to the Dominion Government for the purpose of constructing and to aid in the construction of a railway between Esquimalt and Nanaimo, and in trust to be appropriated as they uiay deem advisable, but save as is therein excepted all that piece or parcel of land situate in Vancouver Island, described as follows : Bounded on the south by a straight line drawn from the head of Saanich Inlet to Muir Creek, on the Straits of Fuca ; on the west by a straight line drawn from Muir Creek aforesaid, to Crown Mountain ; on the north by a straight line drawn from Crown Mountain to Seymour Narrows ; and on the east by the coast line of Vancouver Island to the point of commencement, and including all coal, coal oil, ores, stones, clay, marble, slate, mines, minerals and sub- stances whatsoever thereupon, therein and thereunder. And whereas by section four of the said Act there was excepted out of the tract of land granted by the said section three, all that portion thereof, lying to the north- ward of a line running east and west half-way between the mouth of the Courtenay iliver (Comox district), and Seymour Narrows. And whereas by section five of the said Act it was provided that the Government of Canada should be entitled out of such excepted tract to lands equal in extent to t? 28 I' those alienated up to the date of the said Act by Crown grant, pre-emption or other- wise within the limits of the grant mentioned in the said section three. And whereas by section six of the said Act it was provided that the grant mentioned in section three of the said Act should not include any lands then held under Crown grant, lease, agreement for sale or other alienation by the Crown, nor should it include Indian Reserves or Settlements, or Naval or Military Reserves. And whereas by section twenty-three of the said Act it was provided that the company which might acquire the said lands from the Dominion Government for the construction of the railway should Oe governed by sub-section (f) of the agreement in the said Act recited, and that each bond fide squatter who had continuously occupied and improved any of the lands within the tract of land to be acquired by the company from the Dominion Government for a period of one year prior to the 1st day of January, 1883, should be entitled to a grant of the freehold of the surface rights of the said squatted lands to the extent of one hundred and sixty acres to each squatter at the rate of one dollar an acre. And whereas by sub-section (f) of the agreement in the said Act recited it is pro- vided that the said lands should except as to coal and other minerals, and also except as to timber lands as thereinafter mentioned be open for four years from the passing of the said Act to actual settlers for agricultural purposes at the rate of one dollar an acre to the extent of one hundred and sixty acres to each such actual settler, and that in any grants to settlers the right to cut timber for railway purposes and rights of way for the railway and stations and workshops should be reserved. And whereas by section twenty-four of the said Act it was enacted that the com- pany should at all times sell coals gotten from the lands that might be acquired by them from the Dominion Government to any Canadian Railway Company having the varminus of its railway on the seaboard of British Columbia, and t'" the Imperial, Dominion and Provincial authorities, at the same rates as might be charged to any railway company owning or operating any railway in the United States, or to any foreign customer what- soever. And whereas by section twenty-tive of the said Act it was provided that all lands acquired by the company from the Dominion Government under the said Act containing belts of timber fit for milling purposes should be sold at a price to be thereafter fixed by the Government of the Dominion or by the company. And whereas by section twenty-six of the said Act it was provided that the exist- ing rights, if any, of any persons or corporations ir any of the lands so to be acquired by the company should not be affected by the said Act nor should it effect Military or Naval reserves. And whereas by an Act of the Parliament of Canada passed in the forty-seventh year of Our reign, chaptered six, and intituled " An Act respecting the Vancouver Island Rail- way, the Esquimalt Graving Dock and certain railway lands of the Province of British Columbia, granted to the Dominion " after reciting as is therein recited it is amongst other things in effect enacted that the Governor in Council may grant to the Esquimalt and Nanaiiiio Railway company in aid of the construction of a railway from Esquimalt to Nanaimo, British Columbia, and of a telegraph line of the said railway besides the subsidy in money mentioned in the said Act, all of the land situated on Vancouver Island which has been granted to us by the legishiture of British Columbia by the Act hereinbefore in part recited, in aid of the construction of the said line of railway in so far as such lands shall be vested in us, and held by us for the purposes of the said rail- way or to aid in the construction of the same ; and also all coal, coal oil, ores, stones, clay, marble, slate, mines, minerals, and substances whatsoever in, on or under the lands so to be granted to the said company as aforesaid, and the foreshore rights in respect of all such lands as aforesaid, which are to be granted to the said company as aforesaid, and which border on the sea, together with the privilege of mining under the foreshore and sea opposite any such land, and of mining and keeping for their own use all coal and minerals herein mentioned under the foreshore or sea opposite any such lands, in so far as such coal, coal oil, ores, stones, clay, marble, slates, mines, minerals and substances whatsoever and foreshore rights are vested in us, as represented by the Government of Canada, and further that no lands shall be conveyed to the said company until the road i ,< I 28 iion or other- hat the grant ids then held 16 Crown, nor jserves. ■ided that the nment for the agreement in jusly occupied ' the company le Ist day of ! rights of the quatter at the ited it is pro- also except aa passing of the an acre to the d that in any f way for the that the com- uiicd by them ; the vsrminus )ominic'n and way company ustomer what- that all lands LCt containing Jufter fixed by hat the exiat- )e acquired by tary or Naval -seventh year r Island Rail- ice of British t is amongst he Esquimalt im Esquimalt y besides the 1 Vancouver a by the Act ailway in so the said rail- ores, stones, :ler the lands in respect of IS aforesaid, ihe foreshore use all coal t lands, in so d substances vernment of ntil the road is fully completed and oquipped, and further that the land grant shall be made and the land in so far aa the same shall be vested in us and held by us for the purposes of the said railway or to aid in the construction of the same shall be conveyed to the said com- pany upon the completion of the whole work to the entire satisfaction of the Governor in Council but so, nevertheless that the said lands, and the coal oil, coal and other minerals and timber thereunder, therein or thereon shall be subject in every respect to certain provisions set out in the seventh section of the said Act. And whereas it has been agreed by and between the Government of Canada, the Government of British Columbia and the said company, that the grant of the said lands to the said company shall be by the description hereinafter contained, that the exact boundaries of the lands covered by such grant shall be as settled and agreed upon by and between the Government of British Columbia and the said company, and further that it shall not be necessary for settlers under sub-section (f) of the agreement recited in the said Act of the legislature of British Columbia to pay the price of lands pre-empted by them in full before the expiry of four years from the passing of the said Act, and that the terms of payment by such settlers for their land shall be those provided by the laws affecting Crown lands in British Columbia, and that the company shall grant them their conveyance upon demand when such price shall have been paid in full. And whereas the whole work undertaken by the said company has been completed to the entire satisfaction of Our Governor in Council and Our Governor in Council has recommended that the land grant provided for by the said Act should now be made subject, however to the stipulations and conditions hereinafter mentioned and We deem it expedient thj.t such grant shall be so n)ade. Now know ye, that We do by these presents, in consideration of the premises and under and by virtue of the said Acts of the Parliament of Canada, and of the Legisla- ture of British Columbia hereinbefore in part recited, and by virtue of every other power Us in that behalf enabling, and by and with the advice of Our Privy Council for Canada, grant, assign and convey unto the Escjuimalt and Nanaimo Railway Company, its successors and assigns, all and singular the land situated on Vancouver Ishind which has been granted to Us by the Act of the Legislature of the Province of British Columbia passed in the forty-seventh year of Our reign, chaptered fourteen, and intituled " An Act relating to the Island Railway, the Graving Dock, and Railway Lands of the Province," in aid of the construction of the said line of railway in so far as such lands are vested in Us and held by Us for the purposes of the said railway or to aid in the construction of the same, and also all coal, coal oil, ores, stones, clay, marble, slate, mines, minerals and substances whatsoever in, on or under such lands, and the foreshore rights in respect of such of the said lands as border on the sea, together with the privilege of mining under the foreshore and sea opposite any such land, and of mining and keeping for its and their own use all coal and minerals herein mentioned, under the foreshore or sea opposite any such lands, in so far as such coal, coal oil, ores, stones, clay, marble, slate, mines, minerals and substances and foreshore rights are vested in us as represented by the Government |ilication for a record of the same, upon j)rinted forms for the purpose, which ean bo oljluined from the (Jovernmeiit A'^ent for the district. Lands and Works Department, Victoria, Li. C, May 7th '84. WM. SMITH E, Chief Cdiiunisnioite)' of Landx and Works. Editorial notice nifh ruffi.rr.ycfi to foregoing Notice. NANAIMO FREE PRESS. SATunoAY, May 17th, '84. IsLAM) Raii-way Lands. Mr. M. Jh-ay, (Jovernment Agent, etc., is now prepared to receive the application of those s(iuatters to pre-empt the lands on wliich they have been in possession. Accord- ing to the Railway Act, persons who have continuously resided on railway reserve lands for a year previous to January 1st, U^.si, are entitled to pre-empt the said lands to the extent of IGO acres. The price is i^\ per acre, but it is not [Kjsitively known whether the 81 per acie will have to l)e paid down or in four yearly instalments. Quite a number of applications have ahvady been entered. We would advise all squatters to have their applications in before the 1st June so as t(» prevent the annoyance of another person innocently pre-empting the land on which the ."(piatter has ex[iended so much toil and expense. There is not the slightest doubt liut that the squatter would eventuallv "et his land, but by making the applic^ation before the lands are thrown open will prevent disputes, and the consecjuent delay and annoyance. Tins would apptiar to be the intention of the Provincial (Jovcrnincnt in receiving squatti-rs' applications before the 1st June and general applications afterwards. Parties wishing to record the land if surveyed, should be fully prepared to give the otticial tlescription, or if unsurveyed, pre- pare a sketch showing the metes and bounds of tlie land they wish to pre-empt. DEPARTMENT OF LANDS AND WORKS Sib, VicTOKiA, P. C, May 3lst, 1886. I have the honour to request that the Dominion Government will issue and forward to me, for transmission, Crovvn Grants or Patents, in favour of those pre-emptors of lands situated within the railway belt on Vancouver Island whose claims are described in the schedule enclosed herewitli, and more particularly indicated on sketches ainiexed. Each of the.se persons has deposited in this oliice his original Pre-emption llecoi'd Certificate of Improvement, and Certiiicate of Purchase Receipt in full payment for the laiul, the right to which was acquired under the provisions of "An Act relating to the Island Railway, the Graving Dock and Railway Lands of the Province." I have the honour to be, Sir, Your oljedient servant, The Honourable Joseph W. Trutch, Agent of Canada for British Columbia, Victoria, 13. C. WM. SMITHE, Chief Commissioner of Lands and Works. kScbedule within rpforred to. Jamks Pateuson. ' Aorp*. Cranborry District,— Section 1, llan<>;e H 100 GkOUCJK Ai.FUKD LlLLliY. Cowichan District,— Section 18, Hango .1 100 Jamk8 Patkhson. Bright District,— East 30 chains, of Section, 20, Range 8 GO John Andrew Wilson. Chcuianis District,— Section 4, Range 10, East ;50 chains of Section 5, Range 10 •>i Henky Ross. Mountain District,— Section 18, Range (i 100 ROHEUT CrAWKOUU. Alberni District,~Lot No. 2 2 120 John Love. Alberni District,— Lot No. 23 160 Victoria, B.C., May ;nst, 1886. ^ ,. ■, , (Liber. 27, Folio 1.) John J. McGer, CANADA. Deputy Governor. VICTORIA, by the (irace of God, of the Unitcnl Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c., &c., &c. To all to tvhom these jiresents shall come : GREETING ; W hereas the lands hereinafter described are part ><: '.he lands tiansferred by the Government of the Province of British Coluinl)ia to the Government of Our Douiinion of Canada, and mentioned in the Act of the Parliament of Canada, passed in the forty- seventh' year of Our reign, chaptered six, and intituled " An Act respecting the Van- couver Island Railway, the Esquimalt Graving Dt)ck, and certain Railway Lands of the of the Province of British Columbia, granted to the Dominion." And Whereas, of the district, in the Island of Van- couver, in the Province of British Columbia, in our Dominion of Canada, has applied for a grant of the said lands and his claim to such grant having been duly investigated by Us he has been found duly entitled thereto. Now Know Ye, that by these presents We do grant, convey and assure, unto the 3aid ,his heirs and assigns forever, all those parcels or tracts of land situate, lyin" and iaeing in the district, in the Island of Vancouver, in the . . Ran'^e, in the Province of British Columbia, in Our Dominion of Canada, and being composed of containing by aduicasurement together acres, more or less. a» To Have And Holu tho Huiil puioels or tracts of land unto tho said hiH h«irs and assigns forevtn- ; saving' and reservin;,' tuivcithcltiss, unto Us, Our suctvs.sora and ussij{nn, the t'riM' ihcs passa.,!! and <'iiinynii'nt of, in, over and upon ail navigable waters that now arc or may l»n hereafter t'uuncl on, (. under, or llowiri)^ tiirouji,'ii or upon any part of tho said parcels or tracts of land ; and saving and nsfrviiiLj also t Im rij,dit of The Esfjuitnalt and Nanaiino Kailway (Jowip-any to cut timber for railway purposes on said lands, and tho ri-^hts of way for thi'ir railway tiirough said lands, and tho right to tako such parts of the said laiirls for the stations and workslKjps of the said company as may !)(> nnpiircd i)y thcin for those purposes without paying compensation thc!rcfor ; and saving and reserving, no\o,rth(!les> unto Us, and Our successors and assigns, all coal, corl oil, ores, mines and minerals whatsoever in, on or under the said lands. (ilVKN, under the (Jroat Seal of Canada, Witness, John Fnsepii McCiee^ T']s(|uire, Depui ■ of Our Right Trusty and Kntirely lieloved Ooiisin, the Most Honourable Henry Charlt's Keith Petty Fit/niiuricc^ Marquess of liandsdfjwne, in tlu' Ci)unly of Somerset, Earl of Wyeoiube,' of (Shipping Wye .ml.e, in the County ot IJucks, Viscount Calne and Calnslone in the County of Wills and Lord Wycombe, IJaron of Chi{)ping, Wycondie, in the County of Ilueks, in tho Peerage of Cneat Britain, Earl of Kerry and Eirl f)f Shelburne, Viscount Claninaurice nnd Fit/.tiiaurice, liaroii of Keny, Lixnaw aiul Dunlcerron, in the Peerage of Ireland; Knight (irand Cross of Our Most Dis- tinguished Order of Saint Michael and Samt (ieoige ; (rovernor GeiK-ral of Canada, and Vice Adnnral of the same, ivc, ttc, xc. \t Ottawa, this day of eight hundred and eighty in the By Command, in the year of Our Lord one thousand ye ear of Our Pieign. llndri- Semrf'trj/ of Stale. Drpufii nf (lie Afinistcr of the Interior. IJecorded in the Depart nieni of the Ititerinr tlic^ day of , Liber.. . . Folio.... Keijistrar >f Dominion LanJs Patents, and LTST OF PvVTENTS IN VANCOUVKFv ISLAND RAILWAY BELT. r the jn of orty- Van- f the Van- has duly o the J flO [ fJO I 80 1 80 / 100 I 50 / 100 I 60 I ioo I 43/ N.iini'. David Holmes, Gt'orgo 13a tty. George Bartlctt. Edniiiiiti Cduiri'. .loliii Xi'lson. V .Toliii Mahoncy. Ctoorge Bai'tli'lt. H. O. Welb\nn. .1. W. (Jraff. Peter McLennen. .Tames Dongan. Chas. H. ValiKjy. Hy. Seveme. Date of Patent. 20 March 189(5. 20 Marcl., 1886. 20 March, 188G. 20 March, 1886. •JO :Harch, 1886. 20 March, 1886. 20 March, 1886. 22 March, 1880. 22 March, 188(i. 20 March, 1886. 20 Mar-'ii, 1880. 20 March, 1886. 20 March, 1886. IBM 36 Section. Tp. RRe. Mer. -Vreu. l''il. whole 20 5 i;.30 Wholo 7 17(i Whole- K ii;o Whole 9 ms Whole 4 1(10 Wiiole 8 KiO Whole ft ii;o Whoh- 11 s 100 \ K. ao c'hs. M) S (iO 1 Wholr 2 H 100 1 K. :iO chs. 3 S tiO )■ Whole 10 li I't. of \V. h !l li \\L 11 i; WFiole 1-1 i; 100 1 34 \ 20 j Whole 1.". (I E. ;i7 rhA. 1.'. ."i K. ;«) ihs 4 s Co Who!.' 4 1 IIIO Wiu.le 3 1 10(t ) \\. :i()clis. ;! >> 00 1 Fll. Wholr 12 3 37 W. portion 13 3 E. 20 fhs. 13 2 40 ) Whole 70 lliO Whole (i!» '>'} Whole 4 •) 100 Wiiole 10 .1 100 1 Wly aO '.-lis. !l ! liO 1 Part of lot ;? ill 1 '.lock 14 (■ ityof NewWi '.^tiiiinsti r. (10 All S 1 100 1 I']. I'art 7 4 4.-) 1 V.h. 3 1 OO Wh..le 4 8 100 Wliole 6 8 Kill Whole S 3 100 1 K. i.t. 1 8 (io / Whole IIS 130 Wiiole 77 100 Wliole 1 8 100 Wiiole 18 3 100 K'lv ;«> ehs. ao 8 (10 Whole 4 10 100 1 Kly ;<0 chs. T) 10 54 1 Wliol(> IS 100 Lot o»» 120 liOt 23 ItiO Sec. 1 8 o;'. Sec. 20 100 Sec. 71 100 Sec. 6 320 j [ 2 K'lv 30 chs. 1) 1 All IG U 100 1 K. k 17 » M 1 Air 13 8 !»1 1 E'ly (iO ehss. 12 8 (10 1 All 6 lOil All 74 100 All 78 100 All 13 4 UK) 1 K. 30 elis. 14 4 (iO 1 All 18 1 100 \ E. 30 clis. > 19 1 00 1 All 7 2 KM) 80 N. 1 Cells. 6 2 All 6 3 KM) 40 W. 20 eliH. 6 4 All 7 1> 100 Lot 45 1(10 Lot 14 1(10 I'll. All 6 10 14 All 80 IGO Name. Date of Patent. .lohn Mollet. 25 Mav. 1880. .I.e. .MolU't. Alherni V. [slaml. :;OMar. 80. .1. .1. .f >iRlvan, Allienii V. Island. 20 .Mar. '80. S. 1'.. Hamilton, New Ca.stle, V, 1. 20 Mar. '8(). .Vreh. llaiiiilton, A. (larvin, Nelson, \'. l^*lan(l, 20 .Mar. 'SO. John Ead. Cranherry. V. Ixlaiid. 20 Mar. '80. 'I'honias Oassidy. 20 Mar. 'SO. das. Beck, rranhcrry, \. Island. 22 Mar. 'S(i. duo. (Irandani, Craiibeny V. L 20 Mar. '80. ('. Stewart, (^^ranlicnv V. Island. 20 .Mar. '8(). (\ Stewart, Cediir \'.' Island. 20 .Mar. '80. Sanmel .Imies, (^.dar, V. Island. 20 Mar. '8(1. A. I'uller, Cedar, V. Island. 20 Mar. 'SO. (ieo. (;. McDonald Coinox, \'. 1. 20 .Mar. 'SO. H. (iuillod, 0. H. Cowan, Cowichan, \'. I. 25 May. 'SO. Uolit. .M. Lay, <,)\iaiiiieliaii, V. 1. 25 May, '80. Corporation of the City of New WcsnniiKstcr. 14 May, '80. A. Reiinedy, Cedar. \'. Island. 25 May, "80. D. MePlieison, Ciiwichan, V. 1. 1 .lime, '.-0. Donald Mel'herson, (^)uaniiclian V.l. 1 dniie, '8(). John Mcl'lierson, (^iuamich;',n, V.I. 1 dune, '::i>. \. A. llrownell, C^uamiehan, \'. I Idiiiie, '80. .V. M. Steiihonse, Coimox, V. I. 1 .Inne, '80. Daiil. Stewart .lanie,-^ l'atl.'i:.on, Cranlierrv, V. I. 1 .Inne, '80. (;. A LiUv, Cornicken, \'. 1. '.I .Inly. '80. .las. ratle'iMin. I'.riKlit, V. 1. O.lnly, 'SO. .1. A. Wilson, Chcnianis, V. 1. O.luly, 'SO. Ily. lio>s. Mountain, V. 1. O.lulv, 'SO. n'. Crawt'onl, Alberni, \'. 1. '.Duly, 'SO. .Ino. Lowe. H,'. Fry, Someno.s. V. Island 28 .Inly, 'SO. I'eter Mcrritield, All.erni, V. I 28 .Inly, '8(!. .los. .Mil'hee, Cimiox, V. I. 28 .Inly, '80. Aithiir K. McCallum and ('has. Morrow, Keiifrcw, V. L !i Sept., 'SO. .Ino. !•;. .lenkins. New Castle V. 1. Sept., '80. Liii Kot,'eis, Cowichan, \'. 1. 1) Sept., '8(1. .Ino. .Mahoney, Cowichan, V. I. Sept., '80. .las. Malpa,ss, Craiiber-y, V. I. Sept., '80. Parker White, Ovster, V. I •) Sept., SO. A. McKclroy, Conio.x, X. 1. !> S-pt., SO. Statloid Mo'Kelroy, Coiiklx, V. \. 1) Seiit., 'SO. .Ino. 11. Stratford, Someiitw, V. 1. 2 Oct., '86. lliehanl D. Synioiid, Coniiaken, V. 1. 2 Oct., '8(5. .las. Kemp !Uul .las. .\ Kemp, (.^uaniiclian, X'ancouver Island. 4 Oct., '80. (Ieo. V Wak.', Sahltam, V. I. 20 Oct., '80. .Ino. Fiaser, Alberni, V. I 2 (kit., "W. I'i. Miilhearn, SiHii'l (iibl),s, CheniaiiiH. V. I. !» Keby., '87. Ale,\. (Irant, Coinox, V. \. Feby., '87. 37 .Suction. 1 !'■ !:>:.■: Mr All ;{ ( All 4 1 All ;i !l K'lv ;?() fllS. W 10 Wlvloclis. .1^ 50 Iks l-J 8 M. |Mirti(iii ,1 4 Wlv fr ;«» (■lis. r. a W. fd. ;i5 c hs. I ;l Arm. Namt'. Date nt p.Uiiit. ^,j, \ (iiistiiv liiir.sfn. ( Hiwiiliiui. \'. I. l''il>\., 'S7. ■ii I ^^11 i .Abrahain F. Mnllnrd ('luiii:iiiis V M. li ImIiv.. V7. (>0 ) ;W .lonatlian HliindcIl.Cr.iiilMirv, N .1. !' Krliy., ST. .',0 > .luo. McDciii.iM, <".(hir. \'. 1. !M\liy., S7. 50 I THIS TNDENTl'UE, made this day of A. D. one thousand ci^lit hundred and eij^Iity between the Esquiinalt antl Naiiainio Railway C«)mpany of the one part, and of t he other part. WrrNKSSKTii that in consideration of the sum of doUars, paid Wy the said to the Company, the i-eeeipt of which said sum of dollars, the s lid Company do hereby acknowled(,'e and o( and from the same and every piut iheieof. do her(>by acquit and release the said his heirs, e.\ecutors and administrators they the . said Company do hereby ;.,'rant and (onvey unto the siid liis heir.-, and assigns all that piece or parcel of land situate in ti\e District of N'ancouver Island, in tie Province of liritish Columbia, and ujion the odieial m:ip of t lie said District, known and nundiered as and which saiil piece or ])arcel of land is said to contain acres, more or les.;, and is more particularly shown ujion the plan or tracin'.r hereunto arniexcd and thereon colored red. To have and to hold the said laud unto and to th(^ u.se of the said his heirs and assi<'na for evei', subject nevertheless to the reservations hci-einafter mentioned, thiit is to say; Having and reserving to the said Company, their successors ami assiniis, aiul then' as, without paying compensation therefor. And .saving and re-ei ving also to the said Company, tlie=r succe-sors and assigns, rights of way for their raiKvay through the said laiuis, and the riuhl for lliemsclvcs. their agents, servants, contractors and workmen to enter upon and take such parts of the s.iid land as may be required fo. the stations and work.shops of the said company without, paying compensation thei-efor. And saving and reserving to the said company their su.'cessurs and assigns, all coal, coal oil, ores, mines and minerals, whatsoever in, on or under the land hereby granted or expressed so to be, with full liberty of ingress, egress and ri'gre.ss at all times for the said company, their successors and assigns and their servants, ag(Mits and workmen in, to and upon the saiil land, and either with or without railways, horses or other cattle, carts and waggons and other carriages, for the purpose of s.-arching for, working getting and carrying anay the said coal, coal oil, ores, mines and mlneiMls, and with full lil)erty, also for the said comj-.afly, their successors and assigns, and tln-r servants, agents and W(U-kinen, to sink, drise, niake and use pits, shafts, drifts, adits, courses and water courses, and to ere-t and set up lire and other engines, niiuhiney and works, and to open roads in, upon, under and ov(>r the said land or any par! or ]' Hs iher.'of, for the purpose of more conveniently working and carrying away tin sai.l mine-^ and minerals, and also to appropriate and use any part of the surface of th<> sitid land for depositing, placing ami heaping thereon the I'nirerala. waste, rubbish ami (.ther substances wdnch Piny be gotten from the said mines and minerals, the company, their succes.sors or assigns, ri , dn<' reasonable compensation for such of the surface of the said land ..s may be taken, ! .maged or destroyed by such seiir(>hing, working, getting and (jarrying away. Tn witness whereof the common seal of the said company hss l)een hereunto atlixed by order of the lioard of Directors. Sealed by or-der of the Board of Directors at ^ a meeting lield the day of KS8 [■ Seerptarj/. j rr-xiilfnt. A 38 V. R. Province of BriLisli Colunihia. — No. VicTOUiA, by the Grace of God, of the United Kingdom of Great Britain and Irehmd, Queen, iJcfender of the Faitli. and so forth. To all to whom these prp.sent.s .shall come, Greeting : Jvnow Ye, that. We do hy these presents, fur Us, Our heirs and successors, in con- .^ideratio'i of the sum of to Us paid, give and grant unto h heirs and assigns, all that parcel or lot of land .situate and numbered on the otlicial plan or survey of the in the l^-ovincc of British Coluuiliia, to have and to hold the said parcel or lot of land, and all and singular the premises hereby granted, with their appurtenances, unto the said h heii-.s and assigns for ever. Pro\idc\l. neveilheless, that it shall at ail times be i.iwful for Us, our heirs and .successors, <.;• ior any per.son or persons acting in that behalf by Our or their authority, to resume anv part i-.i the said lauds which it may be d'jeir.ed necessary to resume for making road^ oanaK, bridges, towing-paths, or other works of pibiic utility or convenience; so, neverthcii'ss, thai the lands so to be resumed shall not exceed one- twentieth part of the whole of the lands aforesaid, and tliat no such resumption shall be made of any lands oa which any l)uildings may have been erected, or which may be in use as gardens or otherwis!- for the more convenient occupation of any such buildings. Proxided, also, that it shall at all times be lawful for Us, our heirs and succes.sors, or for any per-on or persons acting under our or their authority, to enter into and upon any part of the said lands, and to raise and get thereout any gold or silver ore which m/iy be thereu[)on or thereund(!r situate, and to u.se and enjoy any and every part of the same laud, and of tin; easements and privileges thereto belonging, for the purpose of such rfdsiiig and getting, and every otiior purpose connected therewith, paying in respect of such raising, getting and use, reasonable compensation. Provided, also, that it sh.iU be lavfal for any person duly authorized in that behalf by Us our heirs and successors, to take and occupy such water privileges, and to have and enjoy such rights of carrying water over, through or under any parts of the hereditaments herel)y granted, as may be reasonably required for mining or agricultural purposesiri the \icinity of the said liereditaments, paying therefor a reasonable compensa- tion to the aforesaid h heirs or assigns. Provided, also, that it shall be at all times lawful for any person duly authorized in that bel'.alf by Us, our heirs and successors, to take from or upon any part t»f the hereditaments hereby granted, the right to take from any such laud, witliout compen.«a- tion, any gravel, sand, stone, lime, timber or other material which may be required in the construction, maintenance, oi' repair of any roads, ferries, bridges, or other public works. In testimony whereof, we have caused these Our letters to be made patent, and the Great Seal of oui' Province of Jiritish Columlna to be hereunto affixed. Witness, His Honour Lieutenant-Governor of our Province of British Columbia and its dependencies, at Our Government House, in Our city of Victoria, this day of in the year of Our Lca-d one thousand eight hundred and Our reign. By Command. , and in the year of 39 LANDS IN RAILWAY BELT ALIENATED BY PROVINCIAL GOVERNMENT. {Referred to in 0. C. of 30th November, IS'JG.) District. Shawnigan . Cowichaii . Quamichan Coiniaken . Somenos . . . Chemainus . Oyster Cedar Cranberry . , Douglas . . Nanaiaio. . Mountain . Wellington . Nanoose . . . Jaineron Newcastle . . . . Nelson Comox Renfrew Alberni •• • • Baynes Bound Lease (Nelson) Sutton's Timber Land Indian Reserves Acres. 2,795.70 2.932.00 3,128.80 3,3.")0.55 4,374.30 3,054.00 372.00 3,350.50 4,484.20 2,800.00 7,235.92 6,54G.20 2,052.50 1,464.00 160.00 325.00 3,186.00 6,900.63 400.00 2,492.00 3,936.00 7,035.00 13, .39 1.00 Total 86,346.30 TO THE LAND COMMISSIONER 01'^ NANAIMO DISTRICT, BRITISH COLUMBIA. Sll{, I have the; honour to request that you will record in my name under the \i. A Act, 1"<79, one hundred and sixty acres, of .surveyed unoccupied and unreserved C'-ov-n L,and, w'thin the meaning of the Land Act, 1879, in the District of Nanaimo. R.Vinge 2, S .ctiun 5, E. 60 acres, Range 2, Section 4. I have the honour to he, Sir, Your obedient sth e, --l to a post the corner post of my hui-.dred acres. JAMES PATERSON. 40 Victoria, •2()th September, 1864. To the Surveyor-General. Siu,-- Ploastr record in iny luxnie, Range 1, E. Section 10, north, North Saanich District lOU acres. name of application (Sd.) RICHAllD KEMP. VicTOKiA, September L^itii, 18(54, J. 1). Pi;.Mi.i;n'roN, i'ltsi;., Siavevor General. SiH, — I beg to ac(|uaint you that I hereby give to Richard Kemp all my right and titi(! iiiid interest to the })re-eiiiption claim r«>curd('(l in ni}' name, viz : — lot 19, 1 E. North Saanich, and I give tull authority to Richard Kemp to have the same recordt-d in his name — and tliis sliall l)e a .sufiicient authority, that 1 wish the transfer to be so made. Witness to Hulen Mills' signature, (Sd.) Charles Street. HULEN MILLS His X mark. VANCOUVER ISLAND COLONY. CoMox, District, 9th November, 1804. To till' Surveyor-CJcncral, V. L The section land in rear of Duncan's, Comox District is open for pre-emption. (Sgd.) JAS. ROBB, Land Jiecorder. To the Surveyor General, 1)i:ai! S[1{, — .\s I ]ia\e tak(>n up the claim running intlu' samr line of William Duncan's claim at back I have .sout the two dollars to recoixl the same by the bearin'. I r<;main, Ydurs respectfully, OLAPHER DUNCAN. Government Printins' IJureau.