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L.^c'.-sS?i:' A DESOBIFTION OF US SOIL, OLIMATE, PRODUOTB, AOBIOULTUBAL OAFABIIJTIES AND TIMBEB AND MIKEBAL BESOTTROEB, TOOETHEB WITH THE jAWS PERTAININa TO FREE GRANTS AND HOMESTEADS ; TO MINING, AND TO THE PRESERVATION OF FORESTS FROM DESTRUC3TI0N BY FIRE. .'.■•;irt«.;..,«i«rtiw»j|- -■,.■ •.■■■•.■■K5';,.(»»>V^ ""■■*•■.■.<>'% ' -*** COMPILED BY FRANK YEIGH, OP THB DBPABTMBMT OF CBOWN LANDS. BY DIKBCTION OF HON. A. S. HARDY, OOMHI88IONBR OF OBOWN LAHDB FOB THB PBOTINCB OF ONTARIO, 1890. TORONTO: PRINTED BY WARWICK » SONS, 68 AND 70 FftONT STKBET WEST, 18B0. ****-'.- ■ -• •* ''.-■ ,--'*'S*i--f«-J»/#"«»Sryi, I r o^mmm f ) ^.•^ ^ --^,. ""ST \ i % 1 1 RAI PR A DESOBI oa; THE LAWS I <"0M PRINTE V I / THE RAINY RIVER DISTRICT, I PROVINCE Of' ONTARIO, CANADA. A DESOEIPTION OF ITS SOIL, CLIMATE, PRODUCTS, AGRICULTURAL OAF/^BILITIES AND TIMBER AND MINERAL RESOURCES, TOOETHKK WITH THE LAWS PERTAINING TO FREE '^IRANTS AND HOMESTEADS ; TO MINING, AND TO THE PRESERVATION OF FORESTS FROM DESTR^TCTION BY FIRE. CO?IPILEI) UY FRANK YEIGH, OF THE DEPARTMENT OF CROWN LANI>S. BY DIRECTION OF HON. A. S. HARDY, COMMISSIONER OF CROWN LANDS FOR THE PROVINCE OF ONTARIO, 1890. .r TORONTO: PRINTED BY WARWICK & SONS, 68 AND 70 FRONT STREET WEST, 1890. CONTENTS. INTRODUCTION . PAfiE. 6 PART I.— The Soil, Climate, Products, Railway Facilities, Seitlbment Prospects and Timber an'h Mineral Resources : Otticial Report of Exploration of Rainy River District 9-12 Soil 12 Products '. 13 Schools and Churches 13 Climate 13 Navigation 14 Fish and Game 14 Railway Facilities 14 Settlement 15 Colonization Roads and Bridges 15 Timber Resources of the District , . IG Rat Portage 17 Keewatin 17 Norman 17 Alberta 18 Lockington 18 Various descriptions of Rainy River District — (Prof. Macoun, Sir George Simpson and S. J, Dawson) 19-20^ PART II. — The Act Settino Apart and Formino the District of Rainy River . . 23-27 PART III. — Frek Grants and Homesteads : Rainy River Free Grants Act 31-82 The Act to amend Free Grants and Homesteads Act (1890) 33-34 List of Rainy River Freu (J rant Townships 35 How to obtain Free (Jrants and Homesteads 35-38 How to Purchase Public Lands 39 PART IV. — Forms of Affidavits kefeured to in forkooino Acts 43-48 Schedule of Acts applicable to Rainy Kiver District 48 PART v.— Mineral PuosPEcrs : Mineral Prospects 58 How to Purchase Mineral Lands 53 Extracts from the General Mining Act 64-58 PART VI. — Preservation of Forests from destruction by Fire : The P.ainy River Fire District Defined 59 The Act to Preserve the Forests from Destruction by Fire 59-61 #■ i 4' i THE RAINY RIVER DISTRICT. i',. Introduction. The latest adjlition to the territory of Ontario is the Rainy River District awarded to the Province by the decision of the Privy Council dealing with what is known as " the disputed territory case." With an area of 100,000 square miles, possessing vast tracts of arable soil and merchantable timber, with valuable mineral deposits, with great rivers and lakes, alniost all of which are navigable, it is an addition to Ontario's resources the importance of which few comprehend and of which every Canadian may well feel proud. It occupies an unique position, Rainy River itself forming a natural boundary between the District and the State of Minnesota ; the Province of Manitoba bounding it on the west and north, and Thunder Bay District on the east. The construction of the Canadian Pacific Railway, begun in 1877 > revealed the possibilities of the Rainy River District as a home for the settler, and but a short time elapsed thereafter before the pioneers of a new land located on the shores of the Lake-of-the- Woods, Rainy Lake and Rainy River. Settlement will be greatly increased now that the attractions of the District are being made known and other railways are being constructed through the southern and south-western parts. The extent of Rainy River, the quality of the soil in the District, the extent of the timber and mineral resources, the climatic advantages of the country, the nature of and market for the products of the soil, the prospects of the District in respect to settlement, and the many advantages open to the settler are dealt with in the paragraphs which follow. The Act setting apart and forming the District of Rainy River, passed in 1885, will be found on page 23. The chapter dealing with free grants and homesteads gives full information as to the manner in which these are to be obtained, including the Acts of the Ontario Legislature relating to the subject. Under the head of raining, the principal clauses of the General Mining Act and recent amendments thereto are included, which provide for the sale of mining lands by the Crown Lands agents of the Province, instead of requiring tlie applicant to complete his purchase at the Crown Lands Department in Toronto as heretofore. Another chapter includes the laws relating to the preservation of the forests fromfire, ample machinery to that end being provided. In conclusion, the affidavits called for in the Acts above referred to are inserted. 9 {\i PART I. THE RAINY RIVER DISTRICT : ITS SOIL, CLIMATE, PRODUCTS, RAILWAY FACILITIES, SETTLEMENT, PROSPECTS AND TIMBER AND MINERAL RESOURCES. ^ t k ll * • U * OFFICIAL REPORT OF THE EXPLORATION OF RAINY RIVER DISTRICT. During the summer of 1886, Mr. Thomas 0. Bolger, of Belleville, a Provincial Land Surveyer, acting under instructions from the late Com- missioner of Crown Lands (Hon. T. B. Pardee), proceeded to explore the land lying north of Rainy River and Rainy Lake. He reported as follows : Belleville, Ontahio, December 1st, 1886. Sir, — I have tlie honour to report that in accordance with your instructions dated May 29th, 1886, I have explored the lands lying north of the surveyed townships on Rainy River, and also the country lying north of Rainy Lake. I proceeded first to Rat Portage, where I procured the necessary sup{)lies and canoes, and hired some men to assist in moving camp, etc, and then went across the Lake-of-the- Woods to the south shore of Sabashkong Bay, pitching my first camp at the mouth of Split Rock River, and from here explored the country south to the forty-ninth parallel, and eastward to the canoe route which leads from the easterly end of Sabashkong Bay to Fort Francis. I then followed the southerly shore of the Lake-of-the-Woods westward to the mouth of Rainy River, stretching inland sufficiently often to obtain a good general idea of the nature of the country and timber. 1 ascertained in this way that the land lying north of the forty-ninth parallel is generally of a very poor description, with the exception of some good patches in the vicinity of the Indian Reseive on Big Cliassy River; while the timber is generally poplar and jack-pine of small growth. I first encountered good land at the point where the fort\'-ninth parallel or the first base strikes the Lake- of-the-Woods, and following up Little urassy Rivei*, which empties into the lake a couple of miles south of this point, I found, from travelling in every dii'ection, that the block of four townships composed of townships one and two south, ranges twenty-three and twenty-four east, contains a large percentage of the finest land I have ever seen, and the same description applies to the block of land lying westward between these townships and the Lake-of-the-Woods. Little Grassy River is navigable for canoes for a distance of about eight miles from its mouth, and the land on the shoi'e is all good, being composed of a rich calcareous drift formation, equal to any soil in the best agricultural districts of Ontario, The timber along the river is chiefly large thrifty poplar, mixed with some scattering oak and swamp elm, and some evergreens such as balsam and spruce ; inland the timber changes in character somewhat from that along the river shore, as large Balm of Qiload. spruce, balsam and tamarac are met with more frequently, and the nice open bush which prevails along the river banks is changed for a tangled brushy undergrowth ; but the character of the soil remains the same. Tamarac and spruce swamps occur t'requeutly in this section of the country, as is the case all through this large level area of good land which lies along the banks of Rainy River. These swamps were all perfectly dry this summer, nnd are nearly all capable of being made into excellent land by drainage, as they lie nearly as high as tlie surrounding dry lauds, and only require proper ditching to take the surface water ott'in wet spm ons. The extreme level- ness of the country causes the presence of so oh swamp land hero, as ^ 10 the surface water has no means of escaping from the low-lying portions, and consequently the growth of moss and swamp timber is engendered. I noticed that in most cases the beds of the little streams are deep enough to form outlets for ditches and drains, and these creek beds are usually so numerous that to drain any swamp, no very long ditches would be required ; in nearly all the swamps through which I passed I observed the soil to be a black vegetable mould, varying in depth from one to three feet, and always underlaid by the same calcareous clay above alluded to. I seldom met the muskeg propi r, that is to say, the wet shaky bog in which water is present at all seasons of the year, and which grows nothing but dwarf spruce and moss. I then paddled up Rainy River, and on both shores I found the same kind of country a^ I have described as being in the vicinity of Grassy River, and as there are a good number of settlers along the river on the Canadian side I had an opportunity to observe the soil while under cultivation, and to see the kind of crops it is capable of raising. The soil I found to be most excellent in character, calcareous clay overlaid by a thin streak of whitish fine earth about six inches in thick- ness, and this again covered with a coating of vegetable mould, and these three mixed up together in the working of the land form a soil which cannot be excelled in any part of the Dominion. I saw along the river crops of potatoes, turnips, hay, oats, wheat, corn, tomatoes and cabbage all grown to perfection this season, which shows that the climate, as well as the soil, is suitable to successful farming, especially when tomatoes ripen as they certainly did this year as well as ever I saw them ripen in the vicinity of Lake Ontario. As I went up the river I frequently travelled inland several miles, and at the easterly side of township three, range twentj'-four, I penetrated northward to the section I had explored from Grassy River, and 1 found that the calcareous clay formation extends at this point clear from the Lake-of-che-VVoods to Rainy River, a distance of over twenty miles in a straight line ; I found a tremendous bush tire raging along the first correction line south, which was destroying everything before it ; in fact, bush fires were very frequent in this part of the country this season, owing to the extremely dry weather. There is an area of pine land in here a little north of the first correction line .south, where the soil is inclined to be sandy, but the extent of this tract is not very large. Along the line dividing ranges twenty-six and twenty-seven the good land extends back some twelve miles from the river, but towards the north- east corner of the township three the rough regions begin to appear, and away to the northward the country is broken and rocky, and the good land disappears. Township three and the north part of township four, range twenty- seven, have been burnt over some years ago, and are now grown up with small second growth of poplar. Townships four, in ranges tvventy-eight, twenty-nine and thirty, are mostl}' all good land ; while townships three, in the same ranges, are generally broken with rocky ridges, but contain some excellent land in the valleys among the hills ; townships two, ranges twenty-seven and twenty-eight, also contain some good land, although broken by rocky lulls. 4l t t t ^ u <^ If t t A straight line drawn from the south-west corner of the large Indian Reserve on Big Grassy River to Fort Francis would approximately form the north boundary of the good belt of land, while almost all the country lying between this line and the Rainy River and the Lake-of-the- Woods is good agricultural land. This tract of country is over sixty miles long, and averages over fifteen miles wide, and contains over nine hundred square miles, or something like six hundred thousand acres, and has a water frontage on the Lake-of-the-Woods and Rainy River of over one hundred miles. Of this area perhaps thirty per cent, is swamp, most of which can be drained anr" made tillable land ; rocky ridges occur very rarely, and the soil is all a limestone clay such as I have described. No limestone rock in place has been observed, but loose limestones containing, fossils are frequently to be met along the rivers, and the settlers along Rainy River pick them up and burn them into excellent lime ; in fact, this whole district is a glacial drift. The timber is chiefly poplar, which grows to a great size ; I have seen trees over eighteen inches across the stump and sixty feet long clear of limbs. Balm of Gilead, too, prevails in some sections, while spruce, tamarac and balsam of thrifty growth are everywhere met with. In some places magnificent cedar abounds large enough for telegraph poles, shingle bolts, or any other use to which cedar is applied ; there are some groves of pine through this section, but it cannot be called a pine country, that is, on the drift formatio . North of the above imaginary line the country is all rough and broken with valleys of clay land occurring occasionally among the ridges, especially along the margins of creek beds ; east of the line dividing ranges twenty-six and twenty-seven there is a good deal of pine, although in some places the fire has been through and destroyed much valuable timber ; all around the north-west bay of Rainy Lake, and around the chain of waters stretching from this bay to the south-east corner of the Lake-of-the-Woods, I saw a considerable quantity of pine, both red and white, and in the country lying between this chain of lakes and the north bay of Rainy Lake, pine is present almost everywhere, but not often in large thick groves. I explored all the country north of Rainy Lake, nearly as far north as the forty-ninth parallel, and eastward to what is called Sand Island River on the map, and up the Seine River to Sturgeon Falls ; I travelled inland through this section of the country sufficiently often to get a good general idea of the land and timber. Thero is not much good land all through this region, that is, in large blocks, although patches of excellent clay land of from fifty to one hundred acres are met with frequently among the hills, but this clay is never the calcareous clay of the Rainy River di'ft. The only place I fouad a large tract of good land is on the bank of Sand Island River, extending from near the mouth of the river up stream for about sixtoen miles, with a width of perhaps two miles ; this tract is broken in places with rocky ridges, but this soil is a good clay loam and free from stone. This tract of good land has all been burnt over and is now grown over with small poplar. All the rest of this country, lying north of liainy Lake, may be described as a rough, rocky region which in some places is utterly denuded of timber by forest fires. There is a considerable quantity of pine in all this section of country ; all along the eastern shores of the north bay of Rainy River .scattering pine is met with.and a good deal of lumbering has been done in the vicinity of the lake. 12 On the chain of water connecting Sand Island River with Rainy Lake, lumber camps have been in operation in former years. Around Sand Island Lake and in the country between this point and the River Seine there are some fine groves of red and white pine, and along the Seine also pine is frequently seen ; the other prevailing timber is chiefly jack-pine, with poplar and lamarac. Along both sides of the Seine River and inland, both norch and south, the country is rough and broken with occasional valleys of good land, and the same may be said of the land on Rat River, Pipestone River and Little Turtle River. From this it will be seen that the tract of country I have described adjoining Rainy River, and including tht townships already surveyed, is a locality well adapted for farming, and although there is some good pine within this area it cannot be said to be a pine country. The remainder of the country explored by me, including from Sabashkong Bay to Sturgeon Falls, on the Seine River, and north to the forty -ninth parallel, is comparatively unfit for settlement, but pine is met with all through this region, in some places only scattering, but in others in considerable groves, so that this portion may be classed as a lumbering ilistrict. Wild rice is very abundant in all this country, and being an excep- tionally good year for it the Indians laid in large quantities for winter use. Duoks, partridges and prairie chickens are veiy plentiful, and sturgeon, pickerel and whitefish are found in all the waters. Moose and caribou are very numerous, but the red deer are not found in these parts. Bears are very plentiful, but wolves are never seen in these woods. While in the tent I wrote a detailed I'eport of the result of each day's proceedings with the result of m}'^ explorations. I will .send in a copy of this longer report at an early day, together with a map showing the route.* taken by me each day. I have the honour to be, Sir, Your obedient servant, (Signed), THOMAS O. BOLGER, Provincial Land Surveyor. Soil. •t- '7 As has been stated, Rainy River takes its course through a rich alluvial valley for over eighty miles. This valley is eminently adapted to support a large and populous agricultural population. As to the extent of the cultivatable land in the District, it is stated on good authority that all the land fronting on the river is suitable for settlement, wh.Ue the arable area reaches back to a distance of sixteen miles, where the soil is found to be even superior to that at the water's edge, being mostly clay and clay loam with very little gravel or sand. %9 The greater part of the arable land requires no drainage whatever ; even the occasional swamps of spruce, cedar and tamarac, are all dry in summer and can be made most excellent land by a little systematic drainage, and as they are all at a considerable height above the ri^"»r level, proper ditching would remove the surface water in the spn. g. The beds of the small creeks and streams are deep enough to provide adequate outlets, ditches and drains. The area of good land along Rainy River, which is about eighty miles long by from ten to twelve miles wide, is remarkably free from stones and rocks. Products. The richness of the soil and the equable climate combine to produce a wide range of cereals and fruits. Hay, oats, and spring and fall wheat are successfully grown ; the products of the garden include potatoes, onions, corn, carrots, turnips, tomatoes and cabbage, while the smaller fruits, such as raspberries, strawberries and plums, grow in abundance. As an instance of the length of the season, oats sown as late as the middle of June have fully ripened. The settler who makes the above statement has lived on the bank of Rainy River for thirteen years and has never had a failure of crops. During the summer of 1889, his farm yielded seventy bushels of potatoes from one bushel of seed. A practical experience such as this illustrates most forcibly the fertility of the soil. The market for all a farmer can raise is at his door, the large number of lumbermen in the district being the purchasers. The following prices for grain and produce prevailed in the spring of 1890 : Wheat, SI ; barley, 75c. ; oats, 50c. ; peas, $1 ; potatoes, 75c.; turnips, 50c.; onions, S3 to 84; hay, per ton, $10 to $15 ; steamboat wood on river bank, $1.25 per cord; cows, $40 to $100 each ; yoke oxen, $100 to $150 ; horses, $300 to $400 for good team ; butter, 3ifC. per lb.; eggs, 25c. per doz.; pork, 15c. to 18c. per lb.; beef, 12c. to 15c. per lb. Schools and Churches. There are good schools for white children at Fort Francis, Emo, Rat Port- age, Keewatin and Norman. At Fort Francis Indian Reserve,at Kitchecho- keyo Reserve, in the township of Woodyat, at the Indian Reserve in Barwick (Manitou Rapids) and at Roseberry (near the Long Sault Rapids) are Indian schools under able teachers. Religious privileges are as yet limited outside of Rat Portage and its immediate neighborhood, but the inflow of settlers will no doubt soon overcome this disadvantage. Olimate. The climate of the district is similar to that in the region of Lake Ontario. Though the winter may be colder it is proportionately dryer and instead of the rain and slush of the eastern winter, excellent sleigh- ing continues from December to March. The climate has been proven to be very healthful by the settlers, while, as is pointed out elsewhere, it is well suited to the growth of a wide range of cereals. I 14 The name Rainy River (a perversion of Ren^ River) is really a mis- nomer inasmuch as the rainfall is not excessive. One of the settlers thus describes tae climate : " The summer is generally moist, with clear sunshine most of the time. The fall is beautiful, and November all through about the best month of the year. The spring is similar — very dry, with bright clear sun until about the first of June. The winters are very dry. The snow is loose, yet it seldom drifts. I have not seen what I would call a snowdrift yet. A log or hump on the level land shows alt through winter. Sometimes I think I will never require another overcoat. I have so seldom worn one that apparently the one I have will last my lifetime. On the very coldest days, except for a short time at sunrise, we can chop in the woods the day through." Navigation. Rainy River being navigable for eighty miles, adequate means of transportation over its waters was provided through the enterprise of those who realized the great possibilities of this region, as soon as the tide of settlement turned to its shores. Four steamers run regularly during the season from Fort Francis on the southern side of Rainy Lake to Rat Portage and Keewatin on the Canadian Pacific Railway — a distance of 180 miles. In addition two new boats will be placed on this routo during the coming summer of 1890. Round trips are made weekly. There are in all thirty-five craft of different kinds, including steamer's, tugs and barges, in service in the District. During the winter the mail is carried on sleighs, leaving Rat Portage for Fort Francis on the first and fifteenth of every month, calling at the Hudson Bay Company's Fort Louise, at the mouth of Rainy River, at Hughes & Co.'s saw mill in thp township of Atwood, at Rapid River post office in the township of Worthington, at Rainy River post office in the township of Morley, at Emo post office in the township of Lash, at Big Forks post office in the township of Woodyatt, and at Isherwood post office in the township o*" Roddick. Fish and Game. To the sportsman this part of Ontario is indeed a " happy hunting ground." The waters abound in fish and wild fowl are very plentiful. The moose are unfortunately becoming very scarce in the District, but black bears are very numerous, while wolves are also scarce. Buffalo were seen by early settlers near Rainy River but have since disappeared. The com- mon brown bear and the more raio and beautiful silver fox are among the denisena of North-western Ontario. Beaver abound in the streams and creeks, while the otter, ermine and mink are plentiful. Partridge, grouse and water flowl of all kinds ai.e also extremely plentiful. Hallway Facilities. For some years the Rainy River District has had the advantage of the Canadian Pacific Rail way, which runs through it diagonally, stopping at tl 1 M a h I - 15 the following stations : . iglish River, Martin, Bonheur, Ignace, Raleigh, Toche, Wabigoon, Barclay, Eagle River, Vermillion Bay, Gilbert, Parry- woo.'., Hawk Lake, Rossland, Rat Portage, Keewatin, Deception, Kalmav and Ingoit The Ontario and Rainy River Railway, eighty miles of which hav& been subsidized by the Legislative Assembly of Ontario at the rate of $3,000 per mile, is now in course of construction and will run through the southern portion of the District, ultimately connecting with the Port Arthur, Duluth and Western Railway. This new line will open up large tracts of good agricultural lands, forests of the finest timber such as pine, tamarac, spruce, cedar and poplar, as well as mineral lands already proven to be rich in gold, silver and iron, the development of which only awaits further railway facilities. Settlement. The great advantage of this District, especially with regard to water and wood, over a prairie country, haveattractedanumber of settlers from Northern Dakota. Many of the settlers have been on their lands since 1874, and have good houses and barns, large clearances, good fences, and well bred stock. The Ontario Government gives a Free Grant to every bona fide settler, head of a family, male or female, 160 acres of land, and if he desires will sell him an additional 80 acres adjoining, at $1 per acre, payable in three years, while any or all of their sons over 18 years of age may have 120 acres free and may purchase 80 acres each at SI an acre. Up to the summer of 1889 there were about 175 bona fide settlers on farms, and the number will no doubt by this time exceed 200, the total population of the district, including Fort Francis, numbering nearly one thousand, not including the Ojibways ami other Indians. On February 13, 1889, a proclamation was issued by the Lieutenant- Governor-in-Council, bringing into force on February 18, 1889, the Act respecting Free Grants and Homesteads to actual settlers on Public Lands in the district of Rainy River, which was passed during the session of the Legislature held in 1886. [See Act on page i)l]. Immediately following this proclamation, the IJepartment of Crown Lands set apart twenty townships in the district as Free Grant Townships. They are situate on the Canadian bank of the Rainy River and contain the choicest, and most fertile land to be found in the district, each township having a. frontage on the river. The surveys made in 1876 by the Dominion Government (on the one mile square section plan, the same as has been followed in the North- West), have been adopted by the Ontario Legislature, vhich legalized these sur- veys by the Act of 1886, and provided that any lands in the Rainy River District considered suitabh; for settlement and cultivation may, by Order in Council, be appropriated as Fx-ee Grants upon the terms specified. Oolonization Roads and Bridges. Since the settlement of the Boundary question, the Ontario Govern- ment has adopted a liberal policy regarding the construction of Coloniza- tion roads and bridges in the district. About $30,000 has been expended 10 during the last five years on the three leading highways of the District alone, viz : the Rat Portage and Keewatin Road, the Rabbit Mountain and White Fish Lake Road, and tho Rainy River Road. The first is about five miles in length, and serves the towns of Rat Portage, Keewatin, and neighboring localities ; the second is about three miles long and leads to the great silver mining district in the neighborhood of and beyond Rabbit Mountain ; while the third is some seventy miles in lengtli and follows the course of Rainy River on the Canadian bank from Fort Francis to the Lake-of-the- Woods. As to bridges, the Rat Portage and Keewatin Road necessitated the building of three large bridges across the main outlets of the Winnipeg River. Two large bridges have also been built across the Kaministiquia River to develop both the mhiing and farming interests. The Timber Resources of the District. The most valuable resource in Rainy River distinct is its timber, extend- ing along the entire length of Rainy River, of pine, poplar, birch, basswood, oak, elm, ash, soft maple, balm of gilead, balsam, spruce, cedar, and tamarac. Lumbering operations are carried on to a considerable extent on Rainy Lake and its eastern tributaries. There are also two well equipped saw- mills on Rainy River where the incoming settler may procure the neces- sary material for the erection of a home, and where he h»is the additional advantage of obtaining employment during the winter months at wages ranging from S20 to |30 per month, and from $2 to $2.50 per day with board for team and teamster. On the banks of the Seine aild other rivers flowing into Rainy Lake, there is a very large growth of both red and white pine. The Dominion Public Works report of 1875, in dealing with the pine- growing capacitiesof this region, says that extensive grovesof red and white ^ine are to be found, of a size and quality well adapted to all the purposes for which such timber is usually applied. On the alluvial belt of Rainy JEtiver white pine of a large size is to be seen interspersed with other descriptions of forest trees, and on the Lake-of-the-Woods and mainland to the north and east there are occasionally pine groves of moderate extent, which lessens in quantity as it nears Lake Winnipeg where the pine belt finally disappears. Lieutenant-Colonel Dennis, the late Deputy Minister of the Interior, has estimated the quantity of pine to be found between Lake Superior and the Lake-of-the-Woods — including that on the islands in the lake — at twenty-six thousand millions of feet, board measure. The Manitoba Colonist for May, 1890, says : — " The following lumber mills are located on the Lake-of-the-Woods : At Rat Portage, Ross, Hall & Brown and the Western Lumber Co. ; at Norman, Hy. Bulmer's, Cameron & Kennedy and the Minnesota & Ontario Lumber Co.'s ; at Keewatin, The Keewatin Lumber & Manufacturing Co., and Dick & Bar.ning's. These mills give employment to nearly 1,000 men. The lumber cut during the present season will be unprecedented in this District. Some 40,000,000 of Canadian logs as well as about 25,000,000 of American ones will be cut between the above mills. The reason for the increased activity is attributed to the fact that heretofore the lumbermen here had no bona fi(h right to cTit the timber, but now the Ontario Government, having control, have given the lumbermen what they required." 17 THIfil TOWNS m VILLAGES IN RilNY RIVER DISTRICT. Rat Portage. The largest town on the Lake-of-the- Woods is Hat Portage, with its population of some 1,500. It is the seat of much business enterprise and from prospects is destined to grow. Being one of the divisional points of the Canadian PaciSc Railway adds materially to its activity, while the fact that it is the principal port on the Lake-of-the- Woods also conduces to its prosperity. It has a well conducted weekly newspaper, the Rat Portage Nnvs, which is devoted to the intex'ests of the whole District. It is also the judicial seat of the District, with the offices of the Stipen- diary Magistrate, Sheriff', and other officers. Extensive fisheries do a good business, shipping the products of the Lake to Chicago, Minne- apolis, Buffiilo and Denver. It is also the principal shipping port of the District for lumber, etc. Keewatin. This town on the Lake-of -the- Woods has long been known through the western country as the seat of extensive lumber operations, and when the Lake-of-the- Woods Milling Co's Flour Mill was built with its accessories in the way of barrel factory and elevators, and the output of Hour scattere i far and wide over Canada and across the sea, the name Keewatin has become as familiar a household word as Rat Portage. The town possesses 4 general stores, 2 hardware stores, 2 bakeries, 2 groceries, rdrug store, 2 butchers, 2 saw mills, 2 planing mills, a boai'd factory, the largest Hour mill in Canada, a brick yard, 2 hotels, a liquor store, a tailor and a doctor. The Presbyterians, Methodi.sts and Roman Catholics all have handsome churches of their own here. The Foresters, Ma.son8 and Royal Templars of Temperance have societies in active operation. The magnificent new schoo' It under able management. Population of the place is about 700. Numerous fine private residences have been built here. As a summer resort, Keewatin and vicinity claims its numbers each season. i" Norman. Norman, lying in the centre of the group of towns on the Lake-of-the Woods, is situate midway between Keewatin and Rat Portage. The water power here is unlimited, and there are excellent openings for factories. The following are the business enterprises already established : 4 general stores, 1 grocer and confectioner, 3 blacksmith shops, 3 saw mills, 3 planing mills, a machine shop, 1 licensed hotel and 7 boarding houses. Thci? is 2 (r. r.) 18 a large public hall and services are held here regularly by the Presbyterians, The town has a population bordering on 800. As a summer resort Norman is one of the places of interest to tourists, many finding it a central point from which to purchase their supplies during their outing on the Laice- of -the- Woods. Alberton (or Port Frances). The principal settlement on Rainy River i.s Fort Frances or Alberton. It has a school and church, and several general .stores, .saw mill, etc., and is destined to be an imi. /rtant centre of population. Fort Frances Lock. The works at Fort Frances consist of a canal 800 feet in length, cut through the solid rock, about 40 feet wide, with one lift of 24 feet 8 inches. The chamber of the lock is 200 feet long and 88 feet wide in the clear. The lowest depth of water on the sills will be 5 feet 6 inches, but it is rarely if ever known to be so low as that, and is orJinarily from 8 to 10 feet, The cost of the works to the Dominion Government has been $250,000. A new Town (Lockington). Mr. Alexander Locking, of Emo, one of the most succe.ssfnl settlers in the District, has surveyed a village site on the (^^anadian bank of Rainy River, the name of " Lockington " being registered. The government road runs through it, and will be named " Mowat Street." 19 s, in it VARIOUS DESCKIPTIONS OF RAINY RIVER DISTRICT. id ut es. IV. is 10 en in n.v nt Professor Macoun's Testimony, Professor Macoun, who visited and reported upon this disti-ict in 1874,. describes it as follows : — " The approach to Fort Frances is very beautiful. As we approach the outlet to tho lake and enter Rainy River, the right bank appears very much like a gentleman's park, the trees standing far apart and having the rounded tops of those seen in open grounds. Blue oak {Qiiercus Prinos var. discolor), and Balsam Poplar (Popalus halsami- fera), with a few aapen, are the principal forest trees. These line the bank, and, for two miles alter leaving the lake, we glide down between walls of living green until we reach the Fore, which is beautifully situated on the right bank of Rainy River, immediately below the falls. All sorts of grain can be raised here, as well as all kinds of garden vegetables ; little attention is given io agriculture, but enough was seen to show that nature would do her part if properly assisted. Barley three feet high, and oats over that, showed there was nothing in the climate or soil to prevent a luxuriant growth. * * * The length of the river is about eighty miles. The right, or Canadian bank, for the whole distance is covered with a heavy growth of forest trees, shrubs, climbing vinow and beautiful flowers. The Indians say the timber gets larger as you proceed inland. 'J'he forest trees consist of oak, elm, ash, birch, basswood, balsam,, spruce, aspen, balsam poplar, and white and red pine near the Lake-of- the- Woods. The whole Hora of this region indicates a climate very like that of centi'al Canada, and the luxuriance of the vegetation shows that the soil is of the very best quality. Wild peas and vetches were in the greatest profusion ; the average height was about six feet, but many (specimens were obtained of eight feet and upwards. While the boat was wooding I took a stroll inland, and found progress almost impossible owing to the astonishing growth of herbaceous plants. The following plants were observed on Rainy River, and are only an index to the vast profusion of nature's bounties in that region : — Lilium Canadense, Lilium Philadelphicum, Vicia Americana, Calystegia spithamea, Calystegia sepium, Aralia hispida, Ix)belia Kalmii, Smilacina stellata, Lathyrus veno- sus, Lathyrus ochrolencus, Monarda tistulosa. Viburnum pubescens, Astra- galus Canadensis, Erysimum chieranthoides, Asarum Canadensis, and Lopaulthus anistatus." Sir Oeorge Simpson's Description. Writing of the Rainy Lake region, Sir George Simpson, in his " Overland Journey Round the World " (1841-2, page 45), was fully as eulogistic of its merits and beauties as he had been of tho.se of the Kam- inistiquia valley. His de-cription agrees remarkably with that of Mr, Macoun just quoted. Sir George Simpson says: — " From Fort Francis downwards, a stretch of nearly iOO miles, the river is not interrupted by a single impediment, while yet the current is not strong enough to retard ) 20 an ascendinor traveller. Nor are the banks less favourable to ajjricuUure than the waters themselves to navigation, resembling, in some measure, those of the Thames, near Richmond. From tlie very brink of the river there rises a gentle slope of green sward, crowned in many places with a plentiful growth of birch, poplar, beech, elm and oak. Is it too much for the e3'e of philanthropy to discern through the vista of futurity this noble stream, connecting as it does, the fertile shores of two spacious lakes, with crowded steamboats on its bosom and populous towns on its borders ?" A few years later, before a Select Committee of the House of Connnons in London, Sir George endeavoured to qualify, to some extent, his former glowing panegyric. But he was at that time looking on this iind some other matters in question, not with " the eye of philanthropy," but through a pair of Hudson's Bay monopoly spectacles, and, under a vigor- ous cross-examination by Mr. Roebuck, had virtually to admit the cor- rectness of his first description, founded, as it was, on an experience of of twenty-seven years. Mr. S. J. Dawson's Description. The report of Mr. S. J. Da\v,son, in 1874 (then engineer in charge of the district), fully corroborates the views of the two eminent authorities already quoted. He says : — " Alluvial land of the best description extends along the banks of Rainy River in an unbroken stretch of seventy-five or eighty miles from Rainy Lake to the Lake-of-the- Woods. In this tract, where it borders on the river, there is not an acre imsus- ceptilje to cultivation. At intervals there are old park-like Indian clear- ings, partly overspread with oak and elm, which, although they have naturally .spiung up, have the appearance of ornamental plantcitions. * * * The whole di.strict is covered with forests, and Canadian settleis would find themselves in a country siu)ilar, in many respects, to the land of their nativity ; nor does the climate differ e,ssentially from that of the most favoured paits of Ontario or Quebec. Wheat was successfully grown for many years at Fort Frances, both by the old North-west Com- pany and their successors, the Hudson's Bay Company. The Indians still cultivate maize on the little farms on Rainy River and Lake-of-the- Woods. In many places the wild grape grows in extraordinary orofu- sion, yielding fruit which comes to perfection in the fall. Wil. rice, which requires a high summer temperature, is abundant, and, indeed the Hora, taken generally, indicates a climate in every way well adapted to the growth of cereals." PART II. THE ACT SETTING APART AND FORMING THE DISTRICT OF RAINY RIVER 28 AN ACT RESPECTING THE DISTRICT OF RAINY RIVER. [The following is the Act setting apart the District of Rainy River as a territorial district which ivas assented to 30th March, J 885.] CHAPTER 20, STATUTES OF ONTARIO, 1885. WHEREAS the Lieutenant-Governor in Council, on the Preamble, third day of October, in the year of our Lord 1884, by virtue of an Act passed by the Legislature of Ontario, in the session thereof held in the 47th year of Her Majesty's reign, entitled An Act respecting the District of Algoma and l%under Bay, issued a proclamation naming the 11th day of the said month of October, as the day upon which the said Act respect- inc: the District of Algoma and Tliunder Bav should go into force ; and whereas the Lieutenant-Governor in Council, on the 13th day of January, in the year of our Lord 1885, in pur- suance of the powers in the .said Act contained, did proclaim and declare that, from and after the 15th day of February then next, all that part ot the Provisional Judicial District of Thunder Bay lying west of a line drawn due north and south through the most easterly point of Hunter's Island should, for the purposes (except registry purposes) mentioned in the Revised Statute respecting the Territorial Districts of Mvbshoka, Parry Sound and Thunder Bay, be detached from the said Provisional Judicial District of Thunder Bay, and .should form a separate Territorial District by the name of The District of Rainy River ; and whereas it is expedient to make provision in respect of the matters hereinafter mentioned ; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. The said Territorial District of Rainy River, being all District 9f that portion of the Province lying west of the said lino, shall, ^^'^rat^d^**^ from and after the first day of July next, also be separated, from biatriot fen- registry purposes, from the District of Thunder Bay, and "' Thunder shall form a separate registry division. tration pur- posefi. 3. (I) The Lieutenant-Governor may, from time to time Apiwintment appoint, under the great seal, an officer for the District Court qi^^* "'^'^ .of the Provisional Judicial District of Thunder Bay, to be called the Deputy Clerk for Rainy River, who shall hold office during pleasure, and shall keep his office at Rat Portage. (2) In case after an appointment has been made a vacancy Vacancy in occurs in such office, the Clerk of the Division Court at Rat Ueji^y cierk. Portage shall, ex-offi.cio, be Deputy Clerk until another appoint- ment is made. 2i> Poaer.s and DiitieH of De- puty Clerk. Capiaa, Seal, (3) The said Deputy Clerk shall issue writs for the coiu- mencement of actions in the said District Court, and shall, in respect of actions so commenced and of proceedings therein, perform the litie duties and have the like powers and rights as are performed or possessed by the Clerk of the District Court at Port Arthur in respect of actions commenced by writs issued out of his office, and of proceedings therein ; and the said Depjty Clerk shall also issue such writs and process as maybe required in such actions as may in like cases be issued by the said Clerk of the District Court, and may renew any such writs as by law may be renewed. (4) No writ of capias issued under the next preceding sub- section shall be executed outside of the District of Rainy River ; and every writ of capias so issued shall be marked by the Clerk as follows : ' Only to be executed within the District of Rainy River," but this shall not prevent a copy of such writ of capias l^eing served at any place within Ontario. (5) The Deputy Clerk of the said District Court shall have the custody of a seal similar in design to the seal of the court in the custody of the Clerk at Port Arthur, and the said Deputy Clerk shall seal with the said seal all writs, process and pro- ceedings requiring the seal of the said court ; and every writ, process or proceeding sealed with such seal shall be held to be duly sealed with the seal of the said court. 3. In any actions in which the venue is local the writ shall be issued out of the office of the said Deputy Clerk, and the venue sh:-ll be laid in the District of Rainy River in the same manner dS if the said district was a separate county ; but the judge may, if he .sees fit, change the venue in any action. STehtr'ar ^ i^^ The Deputy Clerk for the Rainy River District of of Surrogate the District Court of Thunder Bay shnW, ex-o/ficio; he Deputy Court. Registrar for Rainy River of the Surrogate Court of Thunder Bay ; and he shall keep his office of Deputy Registrar at the same place as he is required by law to keep his office of Deputy Clerk. R. s. ()., c. 46, (2) Sections 10, 1 1, 12 and 13 of the Revised Statute, chap- anilyt^''" tcr 46 (The Surrogate Courts Act), shall apply as nearly as Deputy R^ffis- may be to the Deputy Registrar for Rainy River; and he shall observe and conform to the provisions thereof ; and shall per- form the like duties, and .shall have the like powers and ri<.;hts, under and l)y virtue of the said Revised Statute, within the District of Rainy River, as are performed or possessed by the Registrar of the Surrogate Court for Thunder Bay at Port Arthur; and the latter shall, after the passing of this Act, cease to exercise the powers and rij^hts of Registrar of the Surrogate Court for Thunder Bay, in regard to applications for probate, or letters of administration, in respect of the will, or estate, of any person who had at the time of his death hi* Venue. trar, X^: ttxc'i place of abode in the District of Rainy River, or of any person who having no Hxed place of abode within Ontario had, at the time of his death, real or personal estate in such District, which but for this Act would have been exercised by him as Registrar of the Surrogate Court for Thunder Bay. (3) The said Deputy Registrar of Surrogate shall have the |^'^["«**^ custody of a seal similar in design to the seal of the court in ' ' the custody of the Registrar, and such seal shall be the seal of the court for the purpose of sealing all grants, letters, writs, certificates, papers or proceedings in connection with any mat- ter or thing in the office of the said Deputy Registrar reciuiring to be sealed. 6. The Surrogate Court for Thunder Bay shall, at Rat sittings of Portage in the District of Rainy River, in respect of matters c'nrtf^ " arising within the District of Rainy River, and at Port Arthur in respect of matters arising within the rest of the Provisional Judicial District of Thunder Bay, hold such sittings as the Judge of the Surrogate Court of the Provisional Judicial District of Thunder Bay may think proper and necessary, but the said Judge may, when Ik; deems it more convenient for the parties interested, perform any judicial or magisterial act affecting either of the said Surrogate divisions in the; other of .such divisions. 6. — (1) The Lieutenant-Governor may also appoint a Sheriff •^i^^."^"*^""'^ of the said District of Rainy River, who shall keep his office at Rat Portage. (2) All writs and other process recjuiring to be directed to a Sheriff and intended to bo executed within the said District of Rainy River .shall be directed to the .said Sheriff. (3) Nothing herein contained shall prevent the Sheriff of Thunder Bay from proceeding upon and completing the execu- tion or service within the .said District of Rainy River, of any writ of mesne or final process in his hands at the time this Act takes effect, or any renewal thereof, or any subsequent or sup- plementary writ in the .same cause ; or in the case of executions against lands, from executing all necessary deeds and convey- ances relating to the same ; and the acts of the said Sheriff of Thunder Bay in respect of these matters shall be valid in the same manner and to the same extent as if this Act had noi been passed, and no further. (4) Sub-.sections 5, 6, 7 and 8 of section 12 of the Actpas.sed in the 43rd year of the reign of Her Majesty, entitled, iln Act rGHpectinq the Administration of Ju>itice in the District of Algoma' Thunder Bay and Niplfisinri, shall apply to the Dis- trict of Rainy River and to the Sheriff thereof. 7. Unless where inconsistent with this Act and jis neai-ly as Appljcfttion of may be, the Acts mentioned in schedule A appended to this Act (,*[' {)!'„" rict of shall, to the extent shewn in the third cohnnn of the said Ra'".v R'ver. 26 Returns of Oonvictions. scliedule, apply to the District of Rainy River, and all other Acts, or parts of Acts, applying in general terms to Territorial Districts, shall also apply to the said district. 8. All returns of convictions required by law to be made by any Justice or Justices of the Peace shall, for the District of Rainy River, be made to the Clerk of the Peace of the District of Thunder Bay. Sitting ot Dis- trict Court. Sitting of ■General Ses- Trial of ap- peals. 9. — (1) Besides the sittings at the district town, the District Court of Thunder Bay shall hold sittings on the first Tuesday of the month of June and the fourth Tuesday of the month of November of each year, at Rat Portage, for trials and assess- ments by jury in cases in which the venue is laid in Rainy River, and sittings of the General Sessions of the Peace of Thundei" Bay shall be held on the same days. (2) The said General Sjssions of the Peace shall be for the trial of causes within the jurisdictions of the General Sessions where the offence to be tried was committed within the Dis- trict of Rainy River, and for the trial of appeals to the General Sessions from a decision, order or conviction made by a Justice of the Peace within such district. Gaols and Lock-up8. Gaol at Rat Portage. 10. — (1) Any gaol or lock-up erected in the said District of Rainy River under the authority of the Lieutenant-Governor, or any building so declared by Order in Council, shall be a common gaol of such district, for the safe custody of persons charged with the commission, within the .said District, of crimes, or with the commission therein of offences against any statute of this Province, or against any municipal by-law, who may not have been finally committed for trial, or for the safe custody of persons finally committed for trial, charged as aforesaid who are to be tried within the said District of Rainy River ; or for the confinement of persons sentenced within the said district for crimes or for offences as aforesaid, for peinods not exceeding six months ; or for the confinement of pei'sons sentenced as aforesaid for periods exceeding six months until such persons can be conveniently removed to the gaol at Rat Portage, or other lawful prison to which they are sentenced. (2) The gaol at Rat Portage shall be the chief common gaol of the District, and, besides being for the detention of pei'sons held for safe custody as mentioned in this section, shall also be for the confinement of persons sentenced within the said Dis- trict for crimes or offences as aforesaid for periods less than two years. . Division Court*. It. The Third and Fourth Division Courts of the District of Thunder Bay, the limits of which are now within the Dis- trict of Rainy River, shall, after the first day of April, 1886, be respectively known as the First and Second Division Coui'ts of \ t7 the District of Rainy River, subject to the authority of the Lieutenant-Governor in Council to alter the numbers, limits and extent of the divisions. 18. Whereas the dispute with respect to the Boundary be- ^^ Y^"- ^' ■?' tween this Province and the Province of Manitoba has been ^b^o sections determined in the niannei- contemphited by the Act passed at 27, 28, 29. the last session of the Ontario Legislature, chapter two, entit- led An Act respecting the territory in dispute between this Pro- vince and the Province of Manitoba, the said Act is therefore hereby repealed except tlie 27th, 28th and 29th sections there- of; and whereas the report in that behalf of the Judicial Com- mittee of the Privy Council bears date the 22nd day of July last, and the Order of Her Majesty in Council confirming the smie bears date the 11th August following, but the determin- ation of the dispute was not immediately known in the disputed territory, it is hei'eby declared and enacted that the said Act shall be deemed to have been in force notwithstanding any- thing therein c(jntainod, until the 2Gth day of October last, but no longer ; and tlie authorit}' of the council at Rat Portage which was suspended by the said Act is liereby declared to have Ijeen revived from the 26th day of October aforesaid, and the by-laws, rules and regulations tlieretofore passed or enacted by the Municipal Board of Rat Portage shall, except so far as they have been since varied by the said council, be held to be as valid and effectual as the same would have been had the authority of the said council not been suspended, and had sucli by-laws, rules and regulations been passed or enacted by the said council. PART III. THE RAINY RIVER FREE GRANTS ACT. LIST OF FRKE GRANT TOWNSHIPS. DIRKCTIONS AS TO HOW TO OBTAIN FREE GRANTS AXD PUBLIC ^AND3. f A 1 u \i n SI V o a I 31 THE RAINY RIVER FREE GRANTS AND HOMESTEADS ACT. CHAPTER 2«, REVISED STATUTES OF ONTARIO. 1887. An Act respecting Free Grants and Homesteads to Actual Settlers on Public Lands in the District of Rainy Miver. WHEREAS under instructions from the Department of the rrciwuble. Interior of > Canada, certain townships have been sur- veyed in the Rainy River District, the lots immediately upon the bank of Rainy River having a width of ten chains fronting the river and a varying depth, and the remaining land so surveyed being subdivided into sections of one mile sijiiare, and quarter sections of one hundred and sixty acres, with road alkiwances around each section ; and whereas a number of settlers have gone into occupation of the lands so surveyed, and it is expedient to adopt said surveys and other- wise provide for the settlement of the lands in question ; Therefoi'e Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. This Act may be cited as ' The Rainy River t^ree Grants Short title. and Homesteads Act." 49 V. c. 7, s. 1. *4. The said surveys are hereby adopted and legalized, and Former mir- the Department of (jrosvn Lands is authorized to continue such ^^ya adopted, system of survey witliin the District of Rainy Rivoi', so far as may be doeincd expedient. 49 V. c. 7, s. 2. 3. The Lieutenant-Governor in Council may appropriate any Appropriatioa lands in the Rainy River District considered suitable for set't,*"men't settlement and cultivation, and not being mineral lands or pine timber lands, as free grants to actual settlers, under such regulations as shall from time to time be made by Order in Council not inconsistent with the provisions of this Act. 49 V. c. 7, s. 3. 4. The Free Grants and Homesteads Act, saving and except- Application of ing as is hereafter provided, and so far as the same is not J^t^/jg^J^gj^^' inconsistent with the provisions of this Act, shall apply to lands opened for settlement under this Act. 1. The male, or sole female, head of a family with children Free grants to under eighteen years of age residing with him, or her, may be |a^*ffi°/ located for a free grant to the extent of one hundred and sixty acres, or a quarter section. 82 Free grnnts to males 18 yearn of age. Purcl)a«e of locatiuiiH fur children. Purchase of IncatioiiH by iiialeB 18 years of nge. Issue of patents. Sale to person who has [made improve- ments. Issue of patents to persons hav- ing made improve- tnents. Reservation of pine trees, minus and minerali^. Trees to pass to patentee. Commence- ment of Act. 2. A male of the age of eighteen ycm's. without cliildrcn may be located for n free grant to the extent of one hundred and twenty acres, or a half ([uarter section, together with an adjoining quarter (luarte)' section. 3. In addition to location every head of a family having children under eighteen years of age residing with him, or her, may purchase at the time of location an adjoining half quarter section, or eighty acres, at 31 per acre, j)ayable one-fourth cash and the balance in three equal annual instalments with interest. 4. A male of the age of eighteen years, without children, entitled to locate, may purchase at the time of location an adjoining half quarter section, or eighty acres, at $1 per acre, payable one-fourth cash, and the balance in three ecjual annual instalments with intei'est. 5. Patents for lands located and purcha.'ted under this Act may issue at the expiration of three years from the date of location and purchase. G. Where a person has, previous t'" the passing of this Act, made substantial impi'ovemeiits on i\,\j or more adjoining lots, and the lots contain more land than the person is entitled under this Act to locate and purchase, the Commissioner of Crown Lands may sell to snch person such additional quantity of land at $1 per acre as may, under the circumstances, seem just and equitable. 7. In case a person has occupied and made the required improvements upon one or more lots of land before the passing of this Act, the Commissioner of Crown Ljmds may, after loca- tion and purchase as hereinbefore provided, issue the patent therefor without waiting for the expiration of three years. I* Pine trees growing or being upon any lands located or purchased under this Act, and gold, silver, copper, lead, iron or other mines, or minerals, shall be considered as reserved from the location or purchase, and shall be the property of Her Majesty, except that the locatee, or those claiming under him, may cut and use such trees as may be necessary for the pur- pose of building, fencing and fuel, on the land so located or purchased, and may also cut and dispose of all trees required to be removed, in actually clearing the land for cultiuntion, but no pine trees (except for the necessary building, fencing, and fuel as aforesaid) shall be cut beyond the limit of the actual clearing before the issuing of the patent ; and pine trees so cut and dispo.sed of (except for the necessary building, fencing and fuel as aforesaid) shall be subject to the payment of the same dues as are at the time payable by the holders of licenses to cut timber or saw logs. 9. Trees remaining on the, land at the time the patent issues shall pass to the patentee. 49 V. c 7, s. 4. 6. This Act shall not go into force until a day to be named by the Lieutenant-Governor by his proclamation. 49 V. c. 7, s. 5. 33 AN ACT TO AMEND THE FREE GRANTS AND HOMESTEADS ACT. The following amendmentu to the Free (J rants and Home- fiteads Act, and tvhich apply also to the Rainy River Free Grants and Homesteads Act, icas passed l>y the ^ Ontario Letfislaturc during the Session of 1890 : HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. Section 12 of The Free Grants and Homesteads Act is Hev. sut. c. repealed, and the following is substituted therefor : — repealed. 12. From and after the 30th day of April, 1880, the patentee, Payment by his hfurs or assigns, of land located or sold under this Act, after pat"entees of the 5th day of March, 1880, shall be entitled to be paid out of part of duei. the Consolidated Revenue of the province, on all pine trees cut on such land subsequent to the 13th day of April next, after the date of the patent, and upon which dues have been col- lected by the Crown, the sum of thirty- +hree cents on each one thousand feet, board measure, of saw logs, and four dollars on each one thousand cubic feet of square or waney timber, and the Lieutenant-Governor in Council may make regulations for ascertaining and determining the persons from time to time to receive the payments and the sums to be paid. 3. In case a person who has complied with all the settle- Commissioner ment duties under the said Act and obtained a patent for only "'•'t^ reside *^ one lot, is entitled to and desires to obtain another 100 and settle- acres to make up his full quantity, or having obtained his full mentduties in quantity as a free grant has purchased an additional 100 acres under the orders and regulations under the said Act, and such additional location or purchase is adjacent to his patented lot, the Commissioner of Crown Lands upon being satisfied that such lot or lots are not chiefly valuable for their pine timber, and ai'e suited only or principally for grazing purposes or as a fuel reserve, may dispense with residence and settlement duties upon them provided there are 30 acres cleared upon the patented lot, and may issue the patent at the expiration of the time required by the said Act. 3. In case a person is bona fide the owner and occupant of Commissioner land in a free grant district acquired otherwise than as a free "jay dispense grant under the said Act and is entitled and desires to obtain ^nd' reafdence a free grant location and such location is adjacent to the land in certain which he owns and occupies, the Commissioner of Crown '^^^'^^' Lands upon being satisfied by inspection or evidence that the lands are not chiefly valuable for their pine timber, and are suited only or principally for grazing purposes or as a fuel reserve, and that there are 30 acres cleared upon the land 3 (R. R.) 34 which he owns and resides upon, may dispense with clearing and residence upon such free grant location and issue the patent at the expiration of the time required by the said Act. Where occu- pant for six yeara not regularly located through inad- vertence patent may issue before five years. Kev. Stat. c. 25, 8. 10, amended, Looatee of two or more lots may cut pine for build- ing and fencing. Rev, Stat, c, 25, H. 22, Bub- 88. 3 and 4 repealed. Remission of dues from settlers in Rvorson and Spouce. Sums due to Crown for seed grain remitted, Act incorpor- iited with Rev, Btat, c. 26. 4. In case a person entitled to obtain a location under the provisions of the said Free Grants and Homesteads Act has, without objection by the Crown for a period of six or more years occupied or made the required improvements upon one or more lots (not exceeding the quantity which may be granted under the said Act) of land prior to the said land being brought under the operation of the said Act, or if the land be open for location, in case he has so occupied but has not, either through inadvertence or oversight, been regularly located, the Commissioner of Crown Lands, subject to such regulations as may be provided in that behalf, may after location as by said Act is provided, issue the patent upon proof of the performance of the required settlement duties and without awaiting for the exi)iration of five years from the date of location. But this section shall not apply where it appears to the Commissioner that the lot has been selected chiedy on account of the pine timber thereon. 6 Section 10 of The Free Grants and Homesteads Act is amended by adding thereto the following sub-section : — (2) Where the land allotted to a locatee or purchaser under this Act, is composed of two or more lots, or parcels of lots, the said locatee or purchaser, or those claiming under him may cut such pine trees as may be necessary for the purpose of building and fencing as hereinbefore provided, or any one or more of the said lots or parcels of lots so located or purchased, and may u.se the said pine trees on the same lot or any of the other lots or parcels of lots held by him as a free grant or by purchase under this Act, whether located at the same time or otherwise. 6. Sub-sections 3 and 4 of section 22 of The Ftcc Grants and Homesteads Act, are hereby repealed and the patents for the lands in said sub-sections mentioned or referred to may issue notwithstanding any arrears of payments of the expenses of clearing, fencing and erection of buildings thereon, and all .«ums due Her Majesty in respect of such clearing, fencing and building by looatees in the townships of Ryerson and Spence, in the district of Parry Sound, amounting to 87,304 principal, together with any interest thereon, are hereby remitted. 7. That all sums due to the Crown for .seed-grain supplied to the settlers in the free grant territory or any part thereof, amounting to 83,30G, together with any interest thereon, are heraby remitted. 8. This Act shall be read with and Gi'ants and Homesteads Act, as part of The Free R T ing • 35 • Rainy River Free Grant Townships. A- The following townships arc now open for location uniler the Rainy River Free Grants and Homesteads Act : — Township of — Curran Township 3 Range 22 Atwood " 4 " 22 Blue " .'{ " 23 Worthington " 4 " 23 Nelles " 3 " 24 Dilke " 4 " 24 Patullo " 3 " 25 Morley " 4 " 25 S. of Morley " 5 " 25 Tait " 3 " 20 Shenston " 4 " 26 Roseberry " 5 " 26 Barwick " 5 " 27 La=»h " 5 " 28 Aylsworth " 6 " 28 Devlin " 5 " 29 Woodyatt " U " 29 CrozJor " 5 " 30 Roddick " 6 " 30 Mclrvine " 5 " 31 How to Obtain Free Grants and Homesteads in the Rainy River District. Public lands which have l)een surveyed, and are considered suitable f(jr settlouu'nt and cultivation, and not valuable chiefly for minerals or l)ine timber, may be appropriated as Free Grants, Tt) obtain a Free Grant, the applicant must make application to the U)cal Cj'own Land agent, in whose agency the land desired is situated, and deposit with him the necessary atiidavit (sec Forms Nos. 1, 2 and 3, in Appendix). Although no lees are charged by the Department, or allowed to the land agents for locating, yet if reijuired to prepare the necessary affidavits, the agent may make a reasonable charge for so doing. One hundred and .sixty acres is the limit of the Kainy River Free Grants and Homesteads Act. No individual, therelbrc, can obtain more than that (jiiantity as a Free Grant, and if tht! land selected exceeds ICO acres, the applicant must pay for the overplus at the price fixed by the regulations, viz,, 81 per acre. The male head of a family, or the sole female head of a family, having a child or children under 36 eighteen years of age residing with him or her, may be located for 160' acres as a Free Orant ; and may also pv.. 'chase an additional 80 acres at the rate of one dollar per acre. Upon receipt of the necessary affidavits, the agent will, if the land selected be open for location, and there be no adverse claim thereto, enter the locatee for it on the records of his office, and at the end of the current month he will return the location to the Department of Crown Lands. In case a party has settled on Government land before the township has been surveyed, or appropriated under the Free Grants A'.'t, he should, immediately after it is opened for location, apply to the local ageat and oet located, as he will have no recognized title, and his occupation of the land will not count until this action ha- been taken. Upon completion of his location, the locatee may enter upon and occupy his land, and may commence liis improvements ; and the Regula- tions require him to do so within one month. The locatee will not be entitled to his patent until the expiration of three years from tlie date of location, and he must then make proof that the settlement duties have been fully completed. The settlement duties required >. • each location are as follows, viz.: — (i) To have at least fifteen acres cleo^rcd and had under cidtivution, oj which two acres at least are to be cleared and cidtivated annually during the three years ; ^ (2) To have built a habitable house, at least Ki by 20 feet in size ; (3) And to have actaally and continuously resided upon a.nd cidti- vated the land for three years after location. A locatee is not bound to remain on tlie land all the time during the three years ; but may l)e absent on business or at work for, in all, not more than six months in ari}'^ one year. He must, however, lunke it his home, and clear and cultivate the quantity of land required (two acres at least) each year. Whore a locatee holds two lots he may make the retjuisito improve- ments on either one or both, as he finds it most convenient. A locatee who purchases an additional 80 acres under the Regulations must, within three years from the date of sale, clear fifteen acres thereon, and cultivate the same, before he will be entitled to the patent ; but ho is not required to build a house or reside on the purchased lot, where he holds it in connection with a Free Grant. The proof of the performance of the settlement duties must bo ; the affidavit of the locatee himself, supported by the testimony of at least two disinte' osted parties, which aflidavits are to be Hied with the local agent — who, if satisfied as to the correctness of the statements contained therein, recommends the i.ssue of the patent, and transmits the application to the Department. (See Form No. 4, in Appendix). i..jtm'.«iKmmu i Mai »tm • 37 ■ • In case a locates has, after the issue of his patent, absohitely and in good faith parted with the land patented to him as a Free Grant, he may take up another location by applying to the local agent, and making affidavit setting out the facts. In case the locatee fails to perform the settlement duties required by law, his location is liable to forfeiture, and may be cancelled by the Commissioner of Crown Lands. Applications for cancellation must be made through the local agent, and be supported by the affidavits of the applicant and at least two credible witnesses, who will show what the present position of the lot is : whether the locatee ever occupied or improved, and, if so, to what extent, and the value of the improvements ; when he ceased to occupy ; and his address, if known. Upon receipt of this evidence the agent will, if he can ascertain the address of the locatee, notify liim of the application, and call upon him to disprove the allega- tions, or show cause why his location should not be cancelled within thirty days. At the expiration of that time the agent will transmit the evideiii-e, with anything he may have received from the locatee in reply, and his own report to the Department. (See Form No. 5.) The assignment or mortgage of a homestead from a locatee to another Earty before the issue of his patent is invalid, and cannot be recognized y the Department. This does not, however, apply to the devise of a Free Grant lot by will, nor to transfers of land by a locatee for church, cemetery or school purpo-ses, or the right of way of railroads. All pine trees and minerals on land located or sold under the Free Grants Act are reserved from the location or sale, and are the property of the Crown; and the Commissioner of Crown Lands may at any time issue a license to cut the pine on such land. The locatee may, however, cut and use such pine trees as he requires for building and fencing on his land, and may also cut and dispose of any pine trees he meets within the actual proo'jss of clearing his land for cultivation ; but any trees so dis- f»osed of are subject to the i^ayment of the same dues as are payable by icense-holders. Holders of timber licenses have the right to haul their timber over the uncleared portion of any land located or sold, and to make such roads as may be necessary for the purpose, and to use all slides, portages and roads, and to have free access to all streams and lakes. The Crown reserves the right to construct on any land located or sold, any Colonization Road, or deviation from the Government allowance for road ; and to take from such land, withoilt compen.sation, any timber, gravel or material required for the construction or impi-overaent of any such road. Any conveyance, mortgage or alienation (except a will) of the land located, by a locatee after the issue of patent and within twenty years from location, will be invalid unless it be by deed in which his wife is one of the grantors, and unless it be duly executed by her. 88 « • The land while, owned by the locatee, his widow or heirs, shall be exempt from liability for debt during twenty years from the date of location. This exemption does not, however, extend to a sale for taxes legally imposed. When a Free Grant locatee dies before the completion of his title, his representatives may continue the settlement duties and obtain a patent at the proper time upon filing the requisite proof. If he dies before the 1st July, 1886, intestate, evidence is required of the date of death and that he died intestate, giving the name of his widow, and the number and names of all his children, and if he left no wife or children, the name of his heir must be given ; if he made a will, it must be sent in with proper proof of due execution according to law. If he died after the 1st July, 1886, probate or letters of administration to the real and personal estate, as the case may be, must be sent. Where a locatee dies, whether before or after issue of patent, leaving a widow, she is entitled to the land during her widowhood in lieu of dower, unless she prefers to take her dower instead. In making application for land, and in filing proof in support o( appli- cations for cancellfition of a location, or for isMue of patent, the applicant will save time and unnecessary trouble by filing his papers witli, or mail- ing them to, the Crown Land Agent in whose agency the land is situated, as on account of the agent's local knowledge of the lands he has to deal with, the Department requires that his certificate be attached to all such applications. Lauds located or sold under the Rainy River Free Grants and Home- steads Act, or the regulations iuade thereunder, are liable to taxation from the date of such location or sale, and where taxes assessed on such land are in arrears for three years, the interest of the locatee or purchaser may be sold in the manner prescribed by law. When the tax-purchaser re- ceives his deed, ilnless legal proceedings be taken to question it by some person interested within two years from the date of sale, he acquires the I'ight and iiiteiost of the locatee or purchaser, and n.dy obtain a patent on completion of the original conditions of location or sale. In order to have his claim recognized, a tax-purchaser should file his deed in the Department, and two years after the date of the sale for taxes, should file evidence showing that no action has been taken to question his title, that theiu is no adverse claim on the ground of occupation or improvements, and that all arrears of taxes have been pnid since he pur- chased. (See Revised Statutes (1887), Cap. 193, sections 159, 160 and 171, and Cap. 24, section 18). And in order to obtain a patent for the land, as a free grant, the tax-purchaser must also show that he has per- formed the settlement duties required Ijy the Rainy River Free Grants and Homesteads Act, and that he has not already received the benefit of the said Act, or if he has received a grant of all tlie land which it allows him, that he has bona fi.de and absolutely parted with the same. 1 be te of taxe* his ^tenfc the and ■and le of roper Tuly, state, 39 How to Parchase Public Lands. In case a party should desire to purchase public land which has been surveyed, but is not within the jurisdiction of any Crown Land agent, he should make his application direct to the Department, and support it by the affidavits of at least two credible and disinterested persons. These affidavits should set out all facts in connection with the land which he seeks to purchase, and especially whether it has ever been occupied, whether occupied at the time the application is made, and, if so, by whom, and when such occupation commenced ; whether any improvements have been made on said land, and, if so, the nature and extent of the same, and by whom and when they were made ; and also, whether there is any claim made thereto adverse to that of the applicant, and based on the ground of occupation or improvements. If the applicant has acquired the interest or claim of some previous occupant, he should show the fact and file an assignment. his PART IV. FORMS OF AFFIDAVITS REFERRED TO IN THE FOREGOING ACTS. SCHEDULE. Of certain Acts ami parts of Acts passed by the Ontario Legislatur.3 which are applied to the District of Rainy River. Refkkksce to Act. 1{. H. ()., c. 7 ... R. S. O., c. 46... K. S. 0., c. 175.... •13 Vic, c. 12 45 Vic, c. 7 40 Vic, 0. 23 Title of Act. 47 Vic, c. 33 An Act respecting the Territorial Districts of Muskoka, Parry Sound and Thunder Bay. . The Surrogate Courts Act An Act reHjiecting the establishment of Municipal Institutions in the Districts of Algonia, Mus- koka, Parry Sound, NipissingandTliunder Bay. An Act respecting the Administration of Justice, in the Districts of Algoma, Thunder Bay and I Nipissing An Act relating to Division Courts in the Districts of Ni|)i8sing, Muskoka, Parry Sound and Thun- der Bay,and to amend the Division Courts Acts. An Act respecting appe.als to Stipendiary Magis- trates from Municipal Assessment in Algonia, Mu8koka,Parry Sound, Nipissing and Thunder Bay. An Act to amend the Revised Statutes respectintr Municipal Institutions in Algoma, Muskoka, Parry Sound, Nipissing and Thunder Bay. KxTENT OF Application. Sections 4 to 8, 11, 12,14, 18, 19, 20 and 22 to 2(i. Sec?. 10, n, 12 and l.S. Subject to the pro- visions 'of sec. 4, of this Act. The whole, so far as now in force. Subsecs. 5, C, 7 and 8 of sec. 12. The whole. The whole. The whole. FORMS OF AFFIDAVITS USED IN APPLICATIONS FOR FREE GRANT AND OTHER CROWN LANDS. No. 1. — Affidavit from a Single Man for 100 Acres. Set out the name, I . of the in the make last place of resi- oath imd say : patbn inMl?''" ^- '^^'^^ ^ ''''^^ ""*^ heretofore bueii located for any land uacler the "Free Grants and Homesteads Act," (except ); nor have I obtained a Patent for any land as a Free Grant or any benefit under tliat Section of the said Act which (Provides for the remission of arrears due to the Crown l?y settlers who purchased in Free Grant Townships (cjxept for hit number hilt that I have absoliiteUj and in good faith parted with the said land so jjatented to me and I am entitled to and desire to obtain another location.) 2. That I am of the age of yoars. 3. That I desire to be located for lot .number of the township of in the concession 44 4. Tlmt I believe the said land is suited for settlement and cultivation and is not valuable cliietly for its mines, minerals or pine timber ; and that such location is clesired for my benelit, and for the purpose of actual settlement and cultivation of such lanfl, atici not either directly or indirectly for the use or benefit of any other person or persons whatsoever, nor for the purpose of obtaining, possessing or disposing of any of the pine trees, growing or being on the said land, or any benefit or advan- tage therefrom, or any gold, silver, copper, lead, iron, or other mines or minerals, or any (juarry or bed of stone, marble or gj'psum thereon. 5. And that the said lot is wholly unoccupied and unimproved (except Sworn bef(jre me, at / this day of 18. J N B St is D No. 2. — Affidavit? Set out the name, last place of resi- dence, and occu- pation in full. WHERE Applicant is the A Family. of the Malk or Sole Female, Head of in the make I. oath and say : 1. That I have not heretofore been hjcated for any land under the " Free Grants and Homesteads Act," (except ■ ) ; nor have I obtained a Patent for any land as a Free Grant or any benefit under that Section of the said Act which provides for the remission of arrears due to the Crown by settlers who purchased in Free Grant Townships (except for lot ')nimber but that I hare abaolittehj and in good faith parted with the said iaml so patented to me, and I am entitled to and desire to obtain another location.) 2. That I am cho male (or) sole female head of a family, having children under eighteen years of age, residing with me, consisting of son and daughter . 3. That I desire to be located under the said Act, and the Regulations made there- under for lot number in the concession, and lot number in the concession of the township of 4. That I believe the said lands are suited for settlement and cultivation, and are not valuable chiefly for their mines, minerals, or pine timber. 6. That such location is desired for my benefit, and for the purpose of actual settle- ment and cultivation of such lands, and not either directly or indirectly for the use or benefit of any other person or persons whatsoever, nor for the purpose of obtaining, possessing or disposing of any of the pine trees growing or being on the said lands, or any benefit or advantage therefrom, or any gold, silver, copper, lead, iron, or other mines or minerals, or any quarry or bed of stone, marble or gypsum thereon. 6. And that the said lots are wholly unoccupied and unimproved (except Sworn before me, at ) this day of 18 , J We, of the in the and of the in the each for himself, make oath and say : that 1 am well acquainted with named in the above aftidavit. and that he is the head of a family and has children, under eighteen years of age, (consisting of son and daughter ,) residing with him ; and I further make oath and say that I know lots niunber , in the concession of the township of referred to above, that I am not aware of any claim to the said lots on the grounds of occupation, improvements or otherwise, adverse to that of ihe applicant, and that the said lots are wholly uno^ cupied and unimproved (except Sworn before me, at . 1 , this day of 18 . / =S tl !■( s t I c 45 No. 4.— Appucation for Patknt under the Provisiosm of "Thk Freb (7raxt» AND Homesteads Act." To the Croivn Lands Arjcnt : Sir,— I have the honour to apply, uiulor tho provisions of " Tho Froo Gmiits aucl Homesteads Act," for a Patent from tlio Crown for my Homestoatl, upon the {,'rouncU set forth in the following aftiilavils, and have to recjuest that tho said Patent, when issued, be mailed to the following address, vix. : Dated this Ontario, of To Wit ; 18 Affidavit of Applicant. \ I. in tho make oath imJ. of of tho ly .2 00 1. That I desire to obtain my Patent under tho provisions of tho Eighth ^ Section of " The Froo (irants and Homesteads Act," for lot 5> of the township of for which lot I was located on the da' jf 18 1-^ 2. That .since then I have been an actual resident upon, and have culti- vated the 8ai(' iot continuously for years, and tliat I am still roaidinf? upon and cultivating the same. 3. That I have cleared upon the said lot, and had under cultiviitioii last season acres at least, and that 1 have erected buildins^s tliereon of the following descriptions and dimensions, viz. ; A house fit for habitation X feet at least, I 4. That I have not been located for any other land (except ) I nor have I obtained Patent for any land, as a Free (Jrant, or by re nission of 8 arrears, under tlie provisions of the said Act ; and that I am well entitled to (^ the Patent for the said lot, and am not aware of any adverse claim thereto on the grounds of occupation, improvements or otherwise. Sworn before me, at this day of 18 .} Affidav't in Support of Api.lieation Ontario, ) We, of the township of iii tho of > of and of the sams place, yeoman, each for To Wit : ) himself, make oath and say : — Th.it I kuow lot in the concession of tho township of described in the attidak'it of the Applicant for Patent ; that tlio said atHdavit has been read over to me, and that all the statements made therein respectinj; the residence of tho said on the said lot, and tho cultivation and improve- ments made by him thereon aro true in substance and in f.act, and that 1 am not aware of any adverse claim thereto. Sworn before me, at } tliis day of 18 . i No. 6. — Application for Caxcellation of a Lolation. Affidavit of Ai.plicant. Ontario, ^ I, of tho township of in tho district District of Vof , yeoman, make oath and say : — To Wit : j 1. That I desire to be losated for lot numbar in tho concession of tho towashij) of 2. That I am informed that tho said lot located on tho day of A.D. IB , to one 46 3. Tlmt I know the said lot, and personally visited and examined on the ; and that there was no pt-rsou at that time residiu}]; thereon ; ai:d that 1 did nut di>'covcr any inii)rovenient8 whatever on tlio said lot ; and that from said examination, and from informatiun which I have received, 1 verily believe that the »aid locatee has never occupied or improved the said lot ; If locatee has occu|)it'cl or improved at any time set out when he ceaned to occupy, what ini- piovementH lin made, , when they wern made, and in what position the lots are at time of application. 4. That so far as I am aware the said locatee is not occupying or improving any other land in the said township, and resides at present at 5. And that I have not, neither has any person for me, either directly or indirectly by purchase or otherwise from the said locatee, or any other ]>erson, acijuired any interest in the said lot. •Sworn before me, at ^ in the of this > day of A D. 18 . ) Ontario, District of To Wit : AJfiditrit in Sirppott of Appliciitioii. We, • of the township of , wf and I f tlie fame plact' ) himself, make oath and say : — !.. in the district yeomen, eacli for 1. That I know lot number in the concefsion of the townsliip of which located to and that I personally visiti d and examined the said lot on the , that there was no person then lesiding thereon, nor were there any improvements whatever ; and that from said examination and from information which I have received, I verily believe tliat tiie siiid locatee has never occupied or improved the said h)t ; If locatee has occupied or improved at any tinii- set out when he ceased to occupy, what im- • provements he made, when they were made, anil in what i^sition tliH lots are at time of application. 2. That the s'aid locatee is not, as far as T am aware, occupyin.^ or improving any other land in the said township, and that he resides at Sworn bj'^ore me, at in the of this dav of A. D. 18 . } 1 hereby certify that I have no reason to doubt the statements contained in the foregoing .ithdavits ; and also that I did on the day of mail to the locatee of said lots at Post Office, a letter notifying him of the application for eai. collation, aiid calling upon him to sliow cause why it should not be allowed, ai,d ince then 1 have not received any reply to the said notice, except Crown Land Anent. 47 No. (5.— Affidavit ix Sui-i-ort of Application for Lanu under the Mining Aor. Ontario, District <>f T'j Wit : of ) in the district of of the township of in the District and I, of the townslup of do solemnly swear (P 1. That on the day of 1 i)er8onally visited and carefully examined lot number in the concession of the township of and at that time there was no person residing on said lot, and there were no improvements thereon. 2. That there was no visibli> irace nor indication of work having been done on said lot l>y any person or persons lor mining or other purposes. 3. And that to the best of my knowledge and belief there is no claim to said lot by any person or persons adverse to that of the applicant on the ground of priority of discovery of mineral thereon, or otherwise. Sworn litfore me, at in t;he district of this day of A.D. 18 No. 7. — Akfikavit to ue takkn by a Male oh Female Head of a Family who Desire.s to Purchase Land, Suu.iect to Settlement in North NiPisHiNo and Alooma Districts. Canada, Province of ()ntario, District of t:":5 To Wit: 1. That I am the I, of being the head of a family, and desirous of purchasing lot number ill the concession of the township of make oath and say :— head of a family. 2. That the said land is wholly unoccupied and unimproved, and I believe the same to be suited for settlement and uultivation. 3. That I desire to purchase the said land for the i)urpose of settling thereon and fo'' cultivation, and not for speculative purposes or for the cutting or disposing ot any timber there may bo thereon. Swornjliefore mc, at this'^y-^., -^ day of 18 .! rtuy No. 8. -Affidavit to be taken isy a Male Person above the aoe of eighteen Years, and not the Head of a Family, who Desires to Pur- chase Land and Become a Settler in same Districts. Canada, ^ I, of make Province of Ontario, | oath and say : — District^of^^^^^ V ^ rp^j^^ J ^^ ^^f ^jj^, f^jj ^^^ ^jf eighteen years. -^ S That I am desirous of purchasing lot number in the conco3Hion of ( .le township of in tlie district of and that the said land is wholly unoccupied and unimproved, and I believe the same is suited for scittlement and cultivation. 3. That I desire to purchase the said land for the purpose of settling thereon and for cultivation, and not for speculative purposes or for the cutting or disposing of any timber there may be thereon. Sworn before me at > this day of 18 J 48 • No. 9. — Affidavit in Support of Ai'plication for Patent for Lands Sold Subject to Settlement. Ontario, "j We, District of j- of and To Wit: J himseii, make oatl of the township of in the of the same place, yeomen, each for oath and say : — in the concession of the town- 1. That I know lot number ship of 2> 2. That there are acres cleared and had under cultivation and crop ■§25 ^ ^ on the baid lot. •^ « 3. That the followings buildings have been erected tliereon, namely : — A '~I h( I use tit for habitation x feet. and has been continuously yeais, and the improvements "5 14. That aaid lot is occupied by '^ ^ occupied by for I made therei >i -"«ro p -de by J 5. That I d ) if )t xnow of any claim to or occupation of said lot adverse to that of Sworn before me, at ) this day of It) . ) i PART V. MINEEAL PKOSPECTS. EXTRACTS FUOM THE GENERAL MINING ACT. 4 (R.R.) 51 MINERAL PROSPECTS. The mineral wealth of this district, although less easily estimated, bi*ls fair to be even greater than that of the timber wealth. The results thus far of prospecting establish the existence of *gold, silver, copper and iron, and it is more than probable that the valuable veins discovered in Algoma will be found to extend through the Rainy River district. That the geological formation is indicative of valuable mineral deposits is verified by Professor Bell's geological surveys. A band of rocks run- ning south-west from Lake Shebandowan (in neighbourhood of which gold has been found in considerable quantities,) to the international boundary, and thence to Lake Vermillion in Minnesota, is also said to be rich in auriferous deposits. The Public Works Report of the Dominion (1875), says tliat, "The Indians, both of Rainy Lake and Lake-of-the- Woods have among them spacimens of native gold and'silver ore, which, they affirm, is to be found in places known to them in abixndance, and the rock formation is such as to corroborate their statement. Iron ore is plenti- ful in many sections, and charcoal for smelting easily obtainable. Granite^ which report says is e(iual in texture and fitness to the best imported specimens, is to be found at the Lake-of-the-Woods, and the steatite, of which the Indians make pipes, a very valuable article for the construction of furnaces, is quite abundant at Rainy Lake and Sabaskin. It was stated in evidence before the Committee on Immigration and Coltjniza- tion at Ottawa, in 1878, that coal had been discovered in the vicinity of Rainy River. There does not appear to be any reason, on scientific grounds, tor doubting the existence of coal in that region, but its quality or the extent of the deposits, if they exist, are subjects for further inquiry before much reliance can be placed on the value of the alleged discovery." The information thus afforded, while not absolutely conclusive, is so tar indicative of mineral deposits of greater or less richness in the region we have been describing, as to suggest the propriety of a careful exploration, with the special object of ascertaining more thoroughly tlie value of the district for mining purposes. The reduction works being built at Rat Portage have a capital stock (jf 8200,000, and will treat thirty tons of ore daily. The works will cost 160,000, and Rat Portage gave a bmus of -SIO.OOO. These workg an; to serve two purposes, namely, to treat not only all kinds of gold ores, but silver ores as well. The mill is capable of treating thirty tons of gold ores per day, and will be able to treat an equal quantity of silver ores without hindering that part of the mill running on gold. Mineral Lands. Public lands, which are open for sale, may be sold under " The General Mining Act " (Revised Statutes of Ontario, Cap. 31), at the rate of two dollars per acre, cash, in the Rainy River District. Thj patent is issued upon payment, and contains a reservation of all pine trees standing or being on the land. The pine continues to be the property of the Crown, 52 who may at any time issue a license to cut it, and the i:arty holding the license is empowered to enter at all times upon the land, cut and remove it, and make all necessary roads for that purpose. (See extracts from Mining Act which follow.) Applications to purchase land under the Mining Act should be made to the Crown lands agent in the district, and should be accompanied by the purchase money, together with affidavits of at least two credible and disinterested parties, showing that the land is unoccupied and unim- provet^ (except by or on behalf of the applicant), and that there is no claim thereto adverse to his on the ground of occupation, improvements or otherwise. (See Form in Appendix, No. 6). The affidavits necessary for use in the purchase of mineral lands will also be found in Part IV. I 53 g the itnove from made id by e and unim- is no meiits will EXTRACTS FROM THE GENERAL MINING ACT. REVISED STATUTES ONTARIO, 1887. CH\PTER 31, WITH AMEND- MENTS OF 1890 INCORPORATED THEREIN. The following are the princi/pal clauses of the General Mining Act and aviendments thereto. 6. No reservation or exception of gold, silver, iron, copper or No reserva- other mines or minerals, shall be inserted in any patent from ent8'o£°inining the Crown granting lands in this Provin lands. R. S. O. 1877, c. 29, s 6. sold as mining landa. Any person or persons may explore for mines or minerals Crown lands time mentioned. on any Crown Lands, surveyed or unsurveyed, and not for the piored for time being marked or staked out and occupied as hereinafter mines, etc. R. S. O. 1877, c. 21), s. G. 8. Such lands so sold, when situate in unsurveyed territory. Mining loca- or in Townships surveyed in sections, shall be sold in blocks to '°"^* be called " mining locations." R. S. 0. 1867, c. 29, s. 8. 9. Mining locations under this Act shall conform to the fol- Form and size lowing requirements :— S"'"*^'"*" 1. "In the unsurveyed territory within the districtsof Algoma, Territory bor- Thunder Bay and Rainy River and that part of the District of lakes^Supe-ior Nipissing which lies north of the French River, Lake Nipissing and Huron, and the River Mattawa," every regular mining location g^^ '■'■'''' shall be rectangular in shape, and the bearings of the out- lines thereof shall be due north and south and due east and west astronomically ; and such location shall be of one of the following dimensions, namely, eighty chains io length bj' forty chains in width, containing three hundred and twenty acres, or forty chains square, containing one hundred and sixty acres, or forty chains in length by twent}'^ chairs in width, containing eighty acres or twenty chains in length by twenty chains in width containing forty acres. 2. Where a mining location in the unsurveyed lands in the when loca- torritory aforesaid, borders upon a lake or river a road allow- tlons border ance of one chain in width shall be reserved along the margin rivers in said of the lake or river ; and the width of the location shall front territory. on the road allowance ; and the bearings of the other out- lines of the location shall be due north and south, and duo east and west astronomically ; and the location .shall otherwise conform to the requirements of the preceding sub-section as nearly as the nature of the land will admit. 64 I Whenintown- 3. In the townships in the said territory surveyed, Or hero- temtory^Bur- ^^^er to be surveyed in sections, every mining location, after veyed in sec- such survey, shall consist of a half section, a (juarter section, or tions, jj^jj eiffhth of a section or a sixteenth of a section. Reservation for roads. Locations in other unsur- veyed terri- tory. 4. In all patents for mining locations in the territory aforesaid, there shall be a reservation for roads of five per cen- tum of the quantity of land professed to be granted. 5. In the unsurveyed lands not situate within the limits of the territory aforesaid, mining locations shall be as may be defined by any Order in Council hereafter to be made. R. S. 0, 1877. c. 29, s. 9. How Uil.'-.ing; locations in unsurveyed territory to be surveyed. Price of loca- tions. 10. Mining locations in un.surveyed territory shall be sur- veyed by a Provincial Land Surveyor, and be connected with some known point in previous surveys, or with some other known point oi: boundary (so that the tract may be laid down on the office maps of the territory in the Crown Lands Depart- ment), at the cost of the applicants, who shall be required to furnish, with their application, the surveyor's plan, field notes and description thereof, shewing a survey in accordance with this Act, and to the satisfaction of the Commissioner of Crown Lands. R. S. 0. 1877, c. 29, s. 10. 11. The price of all Crown Lands to be sold as mining loca- tions in the said territory, mentioned in sub-section 1 of section 9 of this Act, shall be !»2 per acre. R. S. O. 1877, c. 29, s. 11 ; 49 V. c. 8, s. 1. Pine trees 12. The patents for all Crown Lands, hereafter to be sold as reserved. mininglands.shall contain a reservation of allpine trees standing or being on the said lands, which pine trees shall continue to be the property of Her Majesty ; and any person now or hereafter holding a license to cut timber or saw logs on such lands, may, at all times, during the continuance of the Iicen.se, enter upon such lands, and cut and remove such trees, and make all neces- Patentees may sary roads for that purpose ; but the patentees, or those claim- bdld'i™g,^fenc"^ '°8 Under them, may cut and use such trees as may be necessary ing. e*c., on for the purpose of building, fencing and fuel, on the land so ® *""• patented, or for any other purpose essential to the working of the mines thereon ; and may also cut and dispose of all trees requii-ed to be removed in actually clearing the land for .cultivation; but no pine trees (except for the said necessary building, fencing and fuel, or other purpose essential to the working of the mine), shall be cut beyond the limit of such actual clearing ; and all pine trees so cut and disposed of (ex- cept for the said necessary building, fencing and fuel, or other Timber cut to pui'pose aforesaid), shall be subject to the payment of the same be subject to dues, as are at the time payable by the holders of licenses to cut '^""' timber cr saw logs. R. S. O. 1877, c. 29, s. 12, 55 ' 42. — (1) The Lieutenant-Govei'nor may, from time to time, Appointment appoint local officers or agents to receive applications for the "eif raillTng" sale of mining lands in their respective agencies and to carry lands, out the provisions of any regulations and Orders in Council in that behalf and to supply information to intending purchasers anJ they shall be paid in such manner and at such rates as the Lieutenant-Governor in Council may direct. (2) The Lieutenant-Governor in Council may, frono time to time, make such regulations as he deems necessary or expedient for the purpose of carrying out this section. / PART VI. THE RAINY RIVER FIRE DISTRICT. AN ACT TO PRESERVE THE FORESTS FROM DESTRUCTION BY f;re. 5 (R.K.) M./ :, li: I v./ > i 69 THE RAINY RIVER FIRE DISTRICT. The Rainy River District is included in the Fire District No. 2 (See- Cap. 22, R. S. 0.,) the latter being described as follows : — District No. 3. — All that part of the said Province lying west of Provincial Land Surveyor Albert P. Salter's meridian line between ranges twenty-one and twenty-two west, near Bruce Mines, in the District of Algoma, and west of the said meridian line produced, to the northern boundary of the Province, the said meridian line being the western boundary of the Fire District established by the Proclamation* of March 27th, 1878. AN ACT TO PRESERVE THE FORESTS FROM DESTRUCTION BY FIRE. CHAPTER 213, REVISED STATUTES OF ONTARIO, 1887. Proclamation of fike uisxrict, 88. 1-3. Restrictions as to starting fires, 8. 4. ' Precautions AS TO fires for clear- iNu land, b. 6. Fire for cookiug, s. 6, Matches, cigars, firearms, a. 7. Act to be read to employees by SURVEYORS, etc;., b. 8 Locomotive enhineh, management OP, Bs. 9, 10. Penalty, b. 11. Limitation or actions, b. 12. DI8PO.SAL OF FINES, 8. 13. ENFORciNti Act, s. 14. Right to damages not affected, 8. 15. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. Thi} Lieutenant-Governor, may, by proclamation to be Lt.-Governor made by him from time to time, issued by and with the advice ™fire^dut'Tt* and consent of the Executive Council, declare any portion or part of the Province of Ontario, to be a fire district. 41 V. c. 23, 3. 1. 2. Every proclamation under this Act shall be published in Publication of the Ontario Gazette ; and such portion or part of the Province *'* district, as is mentioned and declared to be a fire district in and by the said proclamation, shall, from and after the said publication, become a fire district within the meaning and for the purposes of this Act. 41 V. c. 23, s. 2. 3. Every portion or part of the Province mentioned in Revocation, the proclamation shall cease to be a fire district upon the revocation by the Lieutenant-Governor in Council of the pro- clamation by which it was created. 41 V. c. 23, s. 3. 60 t i in certain periods, cuAe of clear ing land. Fires not to be 4. It shall not be lawful for any person to set out, or cause forc&rtatn'^*^* to be set out or started, any fire in or near the woods within jnuposes and any fire district between the 1st day of April and the 1st day of November in any year, except for the purpose of clearing land, cooking, obtaining warmth, or for some industrial pur- pose ; and in cases of starting tires for any of the above pui'- poses, the obligations and precautions imposed by the following sections shall be observed. 41 V. c. 23, s. 4. Precautions to 5. Every person who shall, between the 1st day of April be taken in anj the first day of November, make or start a fire within a fire district for the purpose of clearing land, shall exercise and observe every reasonable care and pi-ecaution in the making and starting of such fire, and in the managing of and caring for the same after it has been made and started, in order to prevent the fire from spreading and burning up the timber and forests surrounding the place where it has been so made and started. 41 V. c. 23, s. 5. Precautions in ^- Every person who shall, l)otween the 1st day of April case of cook- and the 1st day of November, make or start within such a ing, etc. district a fire in the forest, or at a distance of less than half-a- mile therefrom, or upon any island, for cooking, obtaining warmth, or for any industrial purpose, shall — 1. Select a locality in the neighbourhood in which there is the smallest quantity of vegetable matter, dead wood, branches, brushwood, dry leaves, or resinous trees ; 2. Clear the place in which he is about to light the fire by removing all vegetable matter, dead trees, branches, brush- wood, and dry leaves from the soil within a radius of ten feet from the fire ; 3. Exercise and observe every reasonable care and precau- tion to prevent such fire from spreading, and carefully ex- tinguish the same before quitting the place. 41 V. c. 23, s. 6. Precautions in 7. Any person who shall throw or drop any burning match, matches bum- *shes of a pipe, lighted cigar or any other burning substance, injf sub-' or who shall discharge any firearm within such fire district, stances, etc. ghall be subject to the pains and penalties imposed by this Act if ne neglect completely to extinguish before leaving the spot the fire of such match, ashes of a pipe, cigar, wadding of the firearm or other burning substance. 41 V. c. 23, s. 7. 8. Every person in charge of any drive of timber, survey or exploring party, or of any other party requiring camp-fires for cooking or other purposes, within a tire district, shall pro- vide himself with a copy of this Act, and shall call his men together and cause the Act to be read in their hearing, and explained to them at least once in each week during the con- tinuance of such work or service. 41 V. c. 23, s. 8. jrrocnuwouB •» ^* ^^^ locomotivc engines used on any railwaj' which passes to^looomotWe! through any fire district or any part of afire district, shall, by the company using the same, be provided with and have in use all Act to be read to employees by heads of surveys, lum- berers, etc. Precautions ai out, or cause woods within (1 the 1st day JO of clearing dustrial pur- above pur- the following day of April fire within a exercise and the making f and caring , in order to p the timber )een so made day of April ithin such a I than half-a- \g, obtaining hich there is )od, branches, t the fire by iches, brush- is of ten feet and precau- iarefully ex- V. c. 23, s. 6. rning match, g substance, fire district, I by this Act leaving the wadding of 23. s. 7. er. survey or imp-fires for t, shall pro- all his men learing, and ing the con- i'^hich passes shall, by the ^e in use all 61 the most approved and efficient means used to prevent the escape of fire from the furnace or ash-pan of such engines, and the smoke-stack of each locomotive engine so used shall bo provided with a bonnet or screen of iron or steel wire netting, the size of the wire used in making the netting to be not less than number nineteen of the Birmingham wire gauge, or three sixty-fourth parts of an inch in diameter, and shall contain in each inch square at least eleven wires each way at right angles to each other, that is in all twenty-two wires to the inch square. 41 V. c. 23, s. 9. 10. It shall be the duty of every engine driver in charge of ^"Hi^[ ,f"' a locomotive engine passing over a railway within the limits of any fire district, to see that all such appliances as are above mentioned ai'e properly used and applied, so as to prevent the unnecessary e.scape of the fire from any such engine as far as it is reasonably possible to do so. 41 V. c. 23, s. 10. 11. Whosoever unlawfully neglects or refuses to comply Penalty, with the requirements of this Act in any manner whatsoever, shall be liable, upon a conviction before any Justice of the Peace, to a penalty not exceeding 850 over and above the costs of pi'osecution, and in default of payment of such fine and costs the offender shall be imprisoned in the common gaol for a period not exceeding three months; and any railway company permitting a locomotive engine to be run in violation of the provisions of section 9 of this Act shall be liable to a penalty of $100 for each offence, to be recovered with costs in any Court of competent jurisdiction. 41 V. c. 23, s. 11. 12. Every action for any contravention of this Act shall be Limitation of commenced within three months immediately following such ^^ '""'" contravention. 41 V. c. 23, s. 12. 13. All fines and penalties imposed and collected under this Disposal of Act shall be paid one-half to the prosecutor and the other half *""*"• to Her Majesty for the public use of the Province. 41 V. c. 23, s. 13. 14. It shall be the special duty of every Crown Land '^°Tg"^(fen agent, woods and forest agent, free grant agent and bush for^c" this Act. ranger to enforce the provisions and requirements of this Act, and in all cases coining within the knowledge of any such agent or bush ranger to prosecute every person guilty of a breach of any of the provisions and requirements of the same. 41 V. c 23, s. 14. 15. Nothing in this Act contained shall be held to limit or Act not to in- interfere with the right of any party to bring and maintain a *fgh?of^ctk>n civil action for damages occasioned by fire, and such right for damages. .shall remain and exist as though this Act had not been passed. 41 V. c. 23, 8. 15. 6 (tt.R.) ■'Mt l,\l» I f),f**A^»hifr^rtfnn f),P**A^»htfr^rnitn OF THE NOKTHWESlERDrP ONTARIC Scale. 32 Miles to an Inch. fflWESlERIXPiRT OF fTARI 32 Miles to an Inch. ■7TSr»« ^wsen'^ ■■^nI "m