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THE LAND LAWS 
 
 OF 
 
 BRITISH COLUMBIA: 
 
 TOGETHER WITH 
 
 LAND OFFICE FORMS & REGULATIONS. 
 
 1873. 
 
 VICTORIA. B. C. : 
 
 PBIMTII) BY BICUABD WOLFBNDBN, OOVBRNMBNT PRINTER. 
 
 1873. 
 

CONTENTS. 
 
 LAND LAWS. P^ai. 
 
 The Land Ordinance, 1870 1 
 
 The Land Ordinance Amendment Act, 1872 18 
 
 The Land Ordinance Amendment Act, 1873 18 
 
 ORDERS IN COUNCIL. 
 
 Railway Reserve of strip of land 20 miles wide between Sey- 
 
 mouB Narrows and Esquimau 27 
 
 Fixing price of Unsurveyed and Unoccupied Land 27 
 
 Fixing price of Mineral Land 28 
 
 Enabling Pre-emptors in error to complete purchase 28 
 
 Enabling Pre-emptors of Prairie Land to locate 20 acres of 
 
 Timbered Land 29 
 
 Setting apa,rt certain lands for Free Grants 20 
 
 Regulations respecting the acquisition of Free Qrants fi* 30 
 
 APPENDIX. 
 
 Land Opfiob Forms and Rbgulations. 
 
 Form of application for permission to pre-empt 35 
 
 ,, application for Qovernment Survey 35 
 
 ,, notice of application for Lease • 36 
 
 „ notice of application to record a 20 acre Timbered Lot 37 
 ,, application to record a 20 acre Timbered Lot 37 
 
 Regmlations to be observed by persons desirous of purchasing 
 
 Unsurveyed Lands • 38 
 
 Form of notice of application to purchase Unsurveyed Lands... 40 
 ,} application to purchase Unsurveyed Lands 41 
 
 \t 
 
 109909 
 
An Or 
 the 
 Brii 
 
 Golumbj 
 
 Be it 4 
 with the 
 thereof, 
 
 1. In 
 Ordinan 
 subject 
 respecti^ 
 
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 11 
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Tiv-?? 
 
 No. 18. 
 
 An Ordinance to amend and consolidate a.d. isto. 
 the Laws affecting Crown Lands in r Amended by No. 
 
 British Columbia. 
 
 byNo.lqfWQ,] 
 
 lAatented to 1st June, 1870.] 
 
 WHEREAS it is expedient to amend and consoli- preamble, 
 date the Laws affecting Crown Lands in British 
 Golnmbia: 
 
 Be it enacted by the Governor of British Columbia, 
 with the advice and consent of the Legislative Council 
 thereof, as follows : — 
 
 1 . In the construction and for the purposes of this interpretation. 
 Ordinance (if not inconsistent with the context or 
 subject matter) the following terms shall have the 
 respective meanings hereinafter assigned to them : — 
 
 •'The [Oovernor"'] shall mean the Governor of lAmendedbySea. 
 British Columbia, or any person for tlie time ^^f Act No, 1 of 
 being lawfully exercising the authority of a "■• ' 
 Governor of British Columbia. 
 
 "Ch'ief Commissioner ot Lands and Works and 
 Surveyor-General" shall mean and include the 
 Chief Commissioner of Lands and Works and 
 Surveyor-General, and any person for the time 
 being lawfully acting in that capacity. 
 
 "Commissioner" shall mean the Chief Commis- 
 sioner of Lands and Works and Surveyor- 
 General of this Colony, or the person acting as 
 such for (be time being, and shall include 
 every Stipendiary Magistrate for the time being 
 in charge of any District, and every person duly 
 authorized by the Governor to act as and for 
 the Chief Commissioner of Lands and Works 
 and Surveyor-General, as Assistant Commis- 
 
2 
 
 Land Ordinance^ 1870. 
 
 Bepoala former 
 Acts. 
 
 A. D. 1870. sioner of Lands and Works in any District in 
 
 "" which the land that may be referred to lies, 
 
 other than that in which the chief office of the 
 Lands and Works Department is situated, and 
 any other District or Districts for which no 
 such Assistant Commissioner of Lands and 
 Works as aforesaid has been appointed. 
 
 "Supreme Court'-' shall mean the Supreme Court 
 
 of British Columbia. 
 «'The Crown " shall mean Her Majesty, Her heirs 
 
 and successors. 
 "Crown Lands" shall mean all lands of this 
 
 Coluny held by the Crown in fee simple. 
 " Act " shall moan any Proclamation or Ordinance 
 
 having the force of law in this Colony. 
 
 Words importing the singular number shall include 
 more persons, parties, or things than one, and 
 the converse. 
 
 2, The following Acts, Ordinances, and Proclama- 
 tic 3 relating to the disposal and regulation of the 
 Crown Lands of the Colony are hereby repealed: — 
 
 An Act dated February 14th, 1859. 
 An Act dated January 4th, 1860. 
 An Act dated January 20th, 1860. 
 The " Pre-emption Amendment Act, 1861." 
 The " Country Land Act, 1861." 
 The "Pre-emption Purchase Act, 1861." 
 The "Pre-emption Consolidation Act, 1861." 
 The " Mining District Act, 1863." 
 The "Land Ordinance, 1865." 
 The "Pre-emption Ordinance, 1866." 
 The " Pre-emption Payment Ordinance, 1869." and 
 The " Vancouver Island Land Proclomation, 1862." 
 But such repeal shall not prejudice or affect any 
 rights acquired or payments due, or forfeitures or 
 penalties incurred prior to the passing of this Ordi- 
 nance, in respect of any land in this Colony. 
 
 Pre-emption. 
 
 3. From and after the date of the proclamation in 
 empt asof right, this Colony of Her Majesty's assent to this Ordinance^ 
 
 any male person being a British subject, of the age 
 of eighteen years or over, may acquire the right to 
 pre-empt any tract of unoccupied, unsurveyed, and 
 unreserved Crown Lands (not being an Indian settle- 
 
 Saving existing 
 rights. 
 
 Who may pre- 
 
 ' 
 
 i 
 
 i 
 
Land Ordinance^ 1870. 
 
 (■ 
 
 ment) not exceeding three hundred and twenty acres A.D. 1870. 
 
 in extent in that portion of the Colony situate to the ^^^^ lil^^ 
 
 northward and eastward of the Cascade or Coast ' 
 
 Range .of Mountains, and one hundred and sixty 
 
 acres in extent in the rest of the Colony. Provided, 
 
 that such right of pre-emption shall not be held to 
 
 extend to nuy of the Aborigines of this Continent, 
 
 except to such as shall have obtained the Governor's 
 
 special permission in u-:*"ng to that eflcct. [See 
 
 Section 2 of Act No, 1 o/ L ' ;.] 
 
 4. Any chartered or incorporated company may 
 acquire such right b'- htaiiMig a si>„^ial permission 
 in writing from the \jiovernnr to tUat effect, but not 
 otherwise ; and the Governor may grant or refuse 
 such permission at his diicrctiou. 
 
 [Pre-emption by partners^ see Section 15 of Act No. 1 
 of 1873.] 
 
 5. Any person desiring to pre-empt as aforesaid, 
 shall first apply to and obtain from the Commissioner 
 permission in writing to enter upon such land, which 
 must be fully described in writing by the ajtplicant, 
 and a plan thereof mu«t be dopo.^itcd with the Com- 
 niissioner ; and such description and plan shall be in 
 duplicate. [Seeformofaj>plicafio7i,Appr7idiz.'] 
 
 6. After such permission has been obtained, and 
 within such time, not exceeding thirty days there- 
 after, as shall be specified by the Connnissioner in 
 such permission, such person plmll enter into posses- 
 sion of the laud so described, and place at each 
 corner thereof a post marked with his name, or other 
 distinguishing sign, and thereupon shall apply in 
 writing to the said Commissioner to have his claim 
 recorded to such tract of land, not exceeding three 
 hundred and twenty acres, or one hundred and sixty 
 acres, as the case may be, as hereii>before provided. 
 
 1. If such 'and -has not been previously recorded, 
 the Commissioner shall, upon the fulfilment by the 
 applicant of the preceding requirements, and upon 
 payment by him of a fee of two dollars, record such 
 land in his favour as a pre emption claim, and give 
 him a certificate of such pre-emption record, in the 
 Form A in the Schedule hereto ; and such record 
 shall be made by the Commissioner in triplicate, the 
 original to be handed to the prc-emptor, a duplicate 
 to be retained by the Commissioner tor local reference, 
 
 ami wlu> hy spe- 
 cial iieiniisHiuu. 
 
 Applicntioii to 
 locnto. 
 
 Entry and nppli- 
 catiun to record. 
 
 Pre-emption 
 record . 
 
 Form A . [can be 
 obtained of the 
 Land Jiecorder 
 of the. Dittrid.] 
 
Natural bounda- 
 ries. 
 
 4 Land Ordinance j 1870. 
 
 A. D. 1870. and the triplicate to be forwarded forthwith to the 
 * head oflSce of the Lands and Works Department, to 
 
 be there examiaed, and if found in all respects (or if 
 necessary after having been amended by th<5 Chief 
 Commissioner of Lands and Works and Surveyor- 
 General so as to be) in accordance with the provisions 
 of this Ordinance, to be finally registered in the Land 
 OflSce Pre-emption Register. 
 
 Rectangular 8. Every piece of land sought to be acquired as a 
 
 Hhapo of claim, pre-emption claim under the provisions of this Ordi- 
 nance shall, save ps hereinafter excepted, be of a 
 rectangular shape, and the shortest line thereof shall 
 be at least two-thirds of the length of the longest 
 line. Such lines shall run as nearly as possible north 
 and south, and east and west. [Section 4 of Act No. 
 1 of 1873, defines the length of boundary lines in yards.'\ 
 
 9. Where such land is in whole or in part bounded 
 by any mountain, rock, lake, river, swamp, or other 
 natural boundary, or by any public highway, or by 
 any pre-empted or Lurveyed land, such natural 
 boundary, public highway, pre-empted or surveyed 
 land, may be adopted as the boundary of such land ; 
 and it shall be sufficient for the claimant to shew to 
 the Commissioner that the form of the land conforms 
 as nearly as circumstances permit to the provisions 
 of this Ordinance. 
 
 [See Section 5 of Act No. 1 of 1873, as to marking 
 boundaries of claims. "^ 
 
 10. The Chief Commissioner of Lands and Works 
 and Surveyor-General may, however, in carrying out 
 any Government Survey, if in his opinion circum- 
 stances require it, survey pre-emption claims or 
 purchased lands recorded previous to the date of this 
 Ordinance, by such metes and boinds as he may 
 think proper ; and every survey so made and certified 
 by him in writing shall be binding upon all pivrties 
 affected thereby ; and the survey so certified shall be 
 deemed in any Court of this Colony to have been done 
 in compliance with the provisions of this Ordinance. 
 
 11. A pre-emptor shall be entitled to receive from 
 the Commissioner a certificale, to be called a " Cer- 
 tificate of Improvement," in the Form B in the Sche- 
 dule hereto, upon his proving to the Commissioner, 
 by the declarations in writing of himself and two other 
 persons, that he has been in occnpntion nf his pre- 
 
 Rectiflcation of 
 survey. 
 
 Certificate of 
 improvement. 
 
 Form B. [canhe 
 Mnined of thf. 
 Land Hecorder 
 of the District ] 
 
 I 
 
Land Ordinance, 1870. 
 
 h 
 
 i 
 
 emption claim from the date of the record thereof, A.d. 1870. 
 and has made permanent improvements tliereon, to 
 the value of two dollars and fifty cents per acre. 
 Such certificate shall be in triplicate, the original to 
 be handed to the pre-emptor, the duplicate retained 
 by the Commissioner for local reference, and the 
 triplicate transmitted forthwith to tl'c head olBce of 
 the Lands and Works Department ; and it shall be 
 the duty of the Commissioner to note the issue of 
 such certificate on the original pre-emption record, 
 which must be produced to him at tlie time of apply- 
 ing lor the certificate by the pre-emjitor, and on the 
 duplicate thereof retained in the Commissioner's 
 office. 
 
 12. Every such declaration shall be subscribed by ])eciarRtlon. 
 the person making the same, and shall be tiled with 
 the Commissioner, who is hereby fully authorized 
 and empowered to take the same ; and such declani- 
 tion shall be in the Form C in the Schedule, and shall 
 be made before such Commissioner, under and sub- 
 ject to the provisions and penalties of the " Oaths 
 Ordinance, 1869." 
 
 13. After the grant of the certificate of improve- 
 ment, but not before, the pre emption right in the 
 land referred to in such certificate may be transferred 
 to iiny person entitled to hold a pre-emption claim 
 under this Ordinance, subject, however, to the con- 
 tinuance of all the provisions of this Ordinance as to 
 occupation, forfeiture, and payment of purchase 
 money due or to become due to the Crown. 
 
 [Section 6 of Act No. 1, 1873, provides for issiie of 
 Crown Grant after Certificate of imjrrorcments obtained.'] 
 
 14. Every such trausfer must be made in writing, 
 signed by the person making the same, or his attorney 
 in fact, in the Form D. in the Schedule, or in words 
 to that effect, and in the presenee of the Commissioner, 
 and if not so made shall be void ; and such transfer 
 shall be in triplicate, the original to be retained by 
 the person in whose favour the transfer is made, the 
 duplicate to be retained as a record in the office of 
 the Commissioner, and the triplicate forwarded forth- 
 with to be registered in the head office of the Lands 
 and Works. Upon the examination of such transfer 
 in the manner and form so prescribed, and on pay- 
 ment of the fee of two dollars, the Commissioner 
 shall cancel the previous record of such pre-emption 
 
 Form C. [can he 
 obtained of tite 
 L"/"'! Jfecorder 
 of the Vistrict,] 
 
 Right niny be 
 trunsferred. 
 
 Mode of transfer. 
 
 Form D. {<^rin he 
 olifaiued itfttii: 
 Land lifi-order 
 of lite IJisfrid.\, 
 
6 
 
 Land Ordinance^ 1870. 
 
 claim. 
 
 A.D. 1870. right, and record the same anew, in the manner pre- 
 scribed in Section 7, in the name of the person in favor 
 of whom such transfer shall have been made, subject 
 to the completion of the period of occupation required 
 by this Ordinance, and to all other the terms and 
 conditions thereof. 
 
 CoBsationofoc- 15. Whenever any pre-emptor shall permanenJy 
 ^"iim'''" *^*"*'^** cease to occupy his pre-emption claim, save as here- 
 '^'"'" inafter provided, the Commissioner may in a sum- 
 
 mary way, upon being satisfied of such permanent 
 cessation of occupation, cancel the claim of the pre- 
 emptor so permanently ceasing to occupy the same, 
 and all deposits paid, and all improvements and 
 buildings made and erected on such land, shall be 
 absolutely forfeited to the Crown, and the said 
 land shall be open to pre-emption and may be record- 
 ed anew by the Commissioner as a pre-emption claim, 
 in the nnme of any person satisfying the requirements 
 in that behalf of this Ordinance. 
 
 Meaning of 
 occupation. 
 
 16. The occupation herein required, shall mean a 
 continuous bona fide personal residence of the pre- 
 emptor on his pre-emption claim. Provided,, however, 
 that the requirement of such personal occupation 
 shall cease and determine after a period of four years 
 of such continuous occupation shall have been fulfilled. 
 [See Section 2 of Act No. 1, 1873, as to meaning of the 
 word '■'' occupation.''^ See Section 6 of Act No. 1, 1873, 
 as to cessation of occupation after issue of Crown Grant.'\ 
 
 Leave of absonce 17. Every holder of a pre-emption claim shall be 
 for two months, entitled to be absent from his claim for any one period 
 not exceeding two months during any one year. As 
 an ordinary rule he shall be deemed to have perma- 
 nently ceased to occupy his claim when he shall have 
 been absent, continuously, for a longer period than 
 two months, unless leave of absence have been grant- 
 ed by the Commissioner as herein provided. 
 
 Special leave for 
 four months . 
 
 Form E; [can be 
 obtained of the 
 Land Recorder 
 o/the^Distrid.] 
 
 18. If any pre-emptor shall show good cause to the 
 satisfaction of the Commissioner, such Commissioner 
 may grant to the said pre-emptor leave of absence for 
 any period of time, not exceeding four months in any 
 one year, inclusive of the two months' absence from 
 his claim, provided for in Clause 17. Such leave of 
 absence shall be in the Form E. in the Schedule 
 hereto, and shall be made out in duplicate, ae 
 original to be handed to the pre f^mptor, und tho 
 
 M.^ 
 
I 
 
 A 
 
 Jjaud Ordinance, 1870. 
 
 duplicate to be retained of record in the office of the 
 Commissioner. 
 
 A.D. 1870. 
 
 19. If any pre-emptor shall show good cause to the Licence to sub- 
 satisfaction of the Commissiouer, he may grant him astituto. 
 
 '• Licence to Substitute," for any period not exceed- 
 ing six calendar months, in the Form F. in the Sche- Form F. [can hr 
 dule hereto, in duplicate, the original to be handed '^'"'"^'^ "/'''"_ 
 to the pre-emptor, and the duplicate to be retained of„^]/,g2>is<r/cf!] 
 record in the office of the Commissioner. The con- 
 tinuous personal residence of the person named in 
 such licence (such person not being or becoming 
 subsequently to the date of the licence a claimant of 
 land under any Law or Proclamation regulating the 
 pre-emption of land within the Colony) shall, during 
 the continuance of the licence, and after the record 
 thereof with the Commissioner, be as effectual as the 
 continuous personal residence of the claimant him- 
 self. 
 
 20. No person shall be entitled to hold, at the same one claim to bo 
 time, two claims by pre-emption ; and any person so held at a time, 
 pre-empting more than one claim shall forfeit all 
 
 right, title, and interest to the prior claim recorded 
 by him, and to all improvements made and erected 
 thereon, and deposits of money paid to Covernmcnt 
 on account thereof; and the land included in such 
 prior claim shall be open for pre-emption. [^AmeJided 
 by Section 3 of Act No. I of 1873.] 
 
 21. When the Government shall survey the land PmchaBe of 
 included in a pre-emption claim, the person in whose <^'*''™ yihen 
 name the said claim stands registered in the pre-^"*^^^^* * 
 emption register of the Land Office shall, provided a 
 certificate of improvement shall have been issued in 
 
 respect of such land, and that the condition of four 
 years occupation required by this Ordinance has been 
 duly fulfilled, shall be entitled to purchase the said land 
 at such rate, not exceeding one dollar per acre, as 
 may be determined upon by the Governor for the time 
 bcng, payable by four equal annual instalments, the 
 first instalment to be paid to the Commissioner, at 
 his office, within three calendar months from the date 
 of the service on the said pre-emptor of a notice from 
 the Chief Commissioner of Lands and Works and 
 Surveyor-General requiring payment for the said 
 land, or within six calendar months after the inser- 
 tion of a notice to such effect, to be published for and 
 during such period in the Government Gazette, or in 
 
8 Land Ordinance, 1870. 
 
 A.D. 19V0. Buch other new^ipaper, published in the Colonj', as 
 "~" the Commissioner may direct. 
 
 If the purchase money for such land be not paid, 
 according to the terras of such notice, the pre-emption 
 claim over such land may, at the discretion of the 
 Commissioner, be cancelled, and all such land and 
 the improvements thereon, and any instalments of the 
 purchase money paid thereon, may be forfeited abso- 
 lutely to the Crown. 
 
 Notice of inton- 22. The Crown Grant to a pre-emptiou claim will 
 tloii to apply for not be issued unless it shall have been proved to the 
 Crown Gront. Commissioner that written or printed notices of the 
 intended application for such Grant have been posted 
 for a period of sixty days prior to such application, 
 upon some conspicuous part of the said pre-emption 
 claim, and upon the adjacent claims (if any), and 
 upon the Court House of the District wherein the 
 land lies. 
 
 23. Upon payment of the whole of the purchase 
 money for such land, and upon production to the 
 Chief Commissioner of Lands and Works aqd Survey- 
 or-General of a certificate in Form G. in the Schedule 
 hereto, from the Commissioner of the District in 
 which such land is situated, that the notices of in- 
 tended application for a Crown Grant of such land 
 have been duly posted as required in the previous 
 Section, without any objection to the issue of such 
 grant having been substantiated, a Crown Grant or 
 Conveyance, in the Form 11. of the Schec' ' hereto, 
 of the fee simple of the said land shall be executed in 
 favour of the purchaser. [I'orm of Crown Grant 
 amended by Section 32 of Act No. 1 of 1873.] 
 
 Provided, that every such Crown Grant shall be 
 deemed to include, among the reservations therein 
 contained, a reserve in favour of the Crown, its assig- 
 nees, and licensees, of the right to take from any such 
 land, without compensation, any gravel, sand, stone, 
 lime, timber, or othej material which may be requir- 
 ed in the construction, maintenance, or repair of any 
 roads, ferries, bridges or other public works. 
 
 H«irH of pro- 24. In the event of the death of any pre-emptor 
 emptor entitled under this Ordinance, his heirs or devisees (as the 
 to crown Grant, ^.^ge may be) if resident in the Colony, shall be en- 
 titled to a Crown Grant of the land included in such 
 pre-emption claim, if lawfully held a \ occupied bv 
 
 Certificate of 
 payment. 
 
 Form O.fcaH he 
 obtaitied of the ' 
 Land Recorder 
 qfUie District,] 
 
 Crown Grant 
 may igsao. 
 
 Form H. 
 
 Reservation to 
 the Crown . 
 
 I 
 
i 
 
 ^ 
 
 Land Ordinance^ 1870. 9 
 
 such prc-emptor at the time of his decease, but sub- >•!>• 1870. 
 
 ject to payment of the full amount of purchase money 
 
 for such land then due or to become due ; but if such 
 heirs or devisees be absent from the Colony at the 
 time of such decease, the Chief Commissioner of 
 Lands and Works and Surveyor-General is hereby 
 authorised and empowered to make such disposition 
 of the pre-emption claim, and such provision for the 
 person (if any) entitled thereto, or interested therein, 
 as he may deem just and proper. 
 
 25. Every person lawfully occupying a pre-emption Extent of claim 
 claim situated to the northward and eastward of the N. and E. of 
 Cascade or Coast Range of Mountains, at the dale of Ca*""**^«Kango. 
 the passing of this Ordinance, if less than three 
 
 hundred and twenty acres may, with the permission 
 of the Commissioner pre-empt land liable to pre- 
 emption, and immediately contiguous to or abutting 
 on his said existing claim, so as to make up the total 
 amount of his claim to three hundred and twenty 
 acres, and thereupon such total claim shall be deem- 
 ed to have been and to be taken up and held under 
 the provisions of this Ordinance. 
 
 Leases. 
 
 fSee Sections 9, 10, and 11, of Act No 1 o/1873, as 
 to conditions precedent to granting leases^ and form of 
 notice, Appendix.')^ 
 
 26. Leases of any extent of unpre-empted and un- Leases for pasto- 
 Burveyed land may be granted for pastoral purposes ral purposes, 
 by the Governor, in Council, to any person or persons 
 whomsoever, being bona fide pre-emplors or purchas- 
 ers of land in the vicinity of the land sought to be 
 
 leased, at such rent as such Governor in Council shall 
 deem expedient ; but every such lease of pastoral 
 land shall among other things, contain a condition 
 making such land liable to pre-emption, reserve for 
 public purposes, and purchase by any persons whom- 
 soever, at any time during the term thereof, without 
 compensation, save by a proportionate deduction of 
 rent; and to a further condition, that the lessee shall, 
 within six months from the date of such lease, stock 
 the property demised in such proportion of animals to 
 the one hundred acres as shall be specified by the 
 Commissioner. 
 
 [Pastoral leases not to he granted on Vancouver Island ^ 
 see Section 14 of Act No, I of 1873.] 
 
10 
 
 Land Ordinance^ 1870. 
 
 A.D. 1870. 
 Hay LeaeoB. 
 
 Timber Lonsea. 
 
 2T. Leases of unoccupied and unsurveyedland, not 
 exceeding five hundred acres in extent, may be grant- 
 ed by the Governor in Council, for the purpose of 
 cutting bay thereon, to any person or persons whom- 
 soever, being bona fide pre-emptors or purchasers of 
 land, at such rent as such Governor in Council shall 
 deem expedient. The term of such lease shall not ex- 
 ceed 5 years ; but every such lease shall, among other 
 things, contain a condition making such land liable 
 to pre-emption, reserve for public purposes, and pur- 
 chase by any persons whomsoever, at any time during 
 the term thereof, with such compensation for im- 
 provements made thereon to be paid to the leaseholder, 
 as shall be fixed by the Commissioner of the District. 
 
 28. Leases of any extent of unpre-empted Crown 
 Lands may be granted by the Governor in Council, to 
 any person, persons, or corporation duly authorised 
 in that behalf, for the purpose of cutting spars, 
 timber, or lumber, and actually engaged in those 
 pursuits, subject to such rent, terms, and provisions as 
 shall seem expedient to the Governor in Council ; pro- 
 vided, however, that any person may hereafter acquire 
 a pre-emption claim to or upon any part of such leas- 
 ed land, by complying with the requirements of this 
 Ordinance. Such prc-omptor shall, however, only be 
 entitled to cut such timber as he may require for use 
 upon his claim ; Pud if he cut timber on the said land 
 for sale, or for any purpose other tlian for such use 
 as aforesaid, or for the purpose of clearing the said 
 land, he shall absolutely forfeit all interest in the 
 land, acquired by him, and the Commissioner shall 
 cancel his claim thereto. 
 
 29. The application of any such lease must be in 
 writing, in duplicate, addressed to the Commissioner, 
 who shall retain the original in his office, and trans- 
 mit the duplicate, through the head office of the 
 Lands and Works, to the Governor in Council, who 
 shall alone decide on any such lease. 
 
 [See Section 13, of Act No. 1 of 18Y3, for additional 
 powers for gran'Hng other leases.'\ 
 
 [See Section 12, of Act No. I of 1813^ as to rights of 
 pre-emptors over leased lands."] 
 
 Water. 
 
 ^^ , [Repealed and amended bu Act No, 31 of 1872.1 
 
 [Preempiart may ro n •'J 
 
 vMitAvnkr,} L^v. mery pmon lawfully entitled to h dafn-cmp- 
 
 "J / 
 
 Applications for 
 Leases. 
 
Land Ordinance^ 1870. 
 
 11 
 
 )t 
 It- 
 
 )f 
 
 )f 
 
 Itll 
 
 1/ 
 
 Hon under this Ordinance, and lawfully occupying and A. D. 1870. 
 
 bona fide cultivating lands ^ may divert any unrecorded 
 
 and unappropriated water from the natural channel of any 
 
 stream, lake, or river, adjacent to or passing through such 
 
 land, for agricultiiral and other purposes, upon obtaining 
 
 the written authority of the Commissioner of the District 
 
 to that effect, and a record of the same shall be made with 
 
 him, after due notice as hereinafter mentioned, specifying 
 
 the name of the applicant, the quantity sought to be 
 
 diverted, the jdace of diversion, the object thereof, and all 
 
 such other particulars as such Commissioner may require ; 
 
 for every such record, the Commissioner shall charge a 
 
 fee of two dollars; and no person shall have any exclusive 
 
 right to the use of such water, ivhether the same flow 
 
 naturally through or over his land, except such record 
 
 shall have been made."] 
 
 [Repealed and amended by Section 1 of Act No. 1 of 
 1873.] 
 
 [31. Previous to such authority bei?ig given, the appli- rj^oii^^ ^ jg 
 cant shall, if the parties affected thereby refuse to consent given.] 
 thereto, post tip in a conspicuous place on each person^s 
 land through which it is proposed that the ivater should 
 pass, and on the District Court House, notices in tvriting, 
 stating his intentions to enter such land, and through and 
 over the same take and carry such water, specifying all 
 particulars relating thereto, including direction, quantity, 
 purpose, and term.'\ 
 
 32 
 case 
 
 . Priority of right to any such water privilege, in Priority of right, 
 of dispute, shall depend on priority of record. 
 
 33. The right of entry on and through the lands of compensation 
 others, for carrying water for any lawful purpose upon, for damage, 
 over, or under the said land, may be claimed and 
 
 taken by any person lawfully occupying and bona 
 fide cultivating as aforesaid, and (previous to entry) 
 upon paying or securing payment of compensation, 
 as aforesaid, for the waste or damage so occasioned, 
 to the person whose land may be wasted or damaged 
 by such entry or carrying of water. 
 
 34. In case of dispute, such compensation or any . 
 other question connected with such water privilege, byajuryr^^^ 
 entry, or carrying may be ascertained by the Com- 
 missioner of the District in a summary manner, with- 
 out a jury, or if desired by either party, with a jury 
 
 of five meat 
 
12 
 
 Land Ordinance^ 1870. 
 
 A.D. 1870. 
 
 Water for mi- 
 ning or other 
 purposes. 
 
 Transfer of pro- 
 emption right 
 tranafers water. 
 
 Not tc waste 
 water. 
 
 Iljectment by 
 anmmary pro- 
 cess. 
 
 Jury. 
 
 Jnry how 8im« 
 moned. 
 
 35. Water privileges for mining or other purposes, 
 not otherwise lawfully appropriated, may be claimed, 
 and the said water may be taken upon, under, or 
 over any land so pre-empted or purchased as afore- 
 said, by obtaining a grant or licence from the Com- 
 missioner of the District; and, previous to taking the 
 same, paying reasonable compensation for waste or 
 damage to the person whose land may be wasted or 
 damaged by such water privilege, or carriage of water. 
 
 36. All assignments, transfers, or conveyances of 
 any pre-emption right, heretofore or hereafter ac- 
 quired, shall be construed to have conveyed and 
 transferred, and to convey and transfer, any and all 
 recorded water privileges in any manner attached to 
 or used in the working of the land pre-empted. 
 
 37. Every owner of a ditch or water privilege shall 
 be bound to take all reasonable means f6r utilizing 
 the water taKen by him ; and if he shall wilfully take 
 and waste any unreasonable quantity of water, it 
 shall be lawful for the Commissioner to declare all 
 rights to the water forfeited. 
 
 [See Section 4, of Act No. 31 o/ 18*72, as to punish' 
 mentfor toasting water.'] 
 
 Ejectment. 
 
 38. Any person lawfully occupying a pre-emption 
 claim, or holding a lease under this Ordinance may, 
 in respect thereof, institute and obtain redress in an 
 action of ejectment or of trespass in the same manner 
 and to the same extent as if he was seised of the 
 legal estate in the land covered by such claims ; but 
 either party thereto may refer the cause of actiop to 
 the Stipendiary Magistrate of the District wherein the 
 land lies, who is hereby authorized to proceed sum- 
 marily, and make such order as he shall deem just. 
 Provided, however, that if requested by either party, 
 he shall first summon a jury of five persons to hear 
 the cause, and their verdict or award on all matters 
 of fact shall be final. 
 
 Jury. 
 
 39. It shall be lawful for any Magistrate, by an 
 order under his hand, to summon a jury of five persons 
 for any purpose under this Ordinance, and in the 
 event of non-attendance of any persons so summoned 
 he shall have the power to impose a fine uot exceeding 
 twenty-five dollars. 
 
 ^y 
 
 •^ * 
 
 C* 
 
Lami Ordinance^ 1870. 
 
 13 
 
 ^ 
 
 ■^ * 
 
 c- 
 
 ' Appeal. A.D. 1870; 
 
 40. Any person affected by any decision of a Magis- Apponl to Su- 
 trate or Commissioner under this Ordinance may, prcme Court, 
 within one calendar montli after such decision, but 
 
 not afterwards, appeal to the Supreme Court in a 
 summary manner, and such appeal shall be in the 
 form of a petition, verified by affidavit, to any Judge 
 of such Court, setting out the points relied upon ; and 
 a copy of such petition shall be served upon the 
 Commissioner whoso decision is appealed from, and 
 Buch time shall be allowed for his answer to the said 
 petition as to the Judge of the Supreme Court may 
 seem advisable ; but no such appeal shall be allowed 
 except from decisions on points of law. 
 
 41. Any person desirous of appealing in manner Security to be 
 aforesaid, may be required, before such appeal be given, 
 heard, to find such security as may be determined by 
 
 the Commissioner whose decision is appealed from, 
 and such appeal shall not be heard until after security 
 to the satisfaction of the Commissioner shall have 
 been given for the due prosecution of such appeal and 
 submission thereto. 
 
 Surveyed Lands. 
 
 42. The Governor shall at any time, and for such ReservcB. 
 purposes as he may deem advisable, reserve, by notice 
 published in the Government Gazette, or in any 
 newspaper of the Colony, any lands that may not 
 
 have been either spld or legally pre-empted. 
 
 43. The upset price of surveyed lands, not being P'''c° of 1*Q<J' 
 resferved for the sites of Towns or the suburbs thereof, 
 
 and not being reputed to be mineral lands, shall be 
 one dollar per acre ; and the upset price of Town and 
 Suburban lots shall be such as the Governor may in 
 each case specially determine. 
 
 44. Except as aforesaid, all the land in British JjJ'J^^ffejeJ.for 
 Columbia will be exposed in lots for sale by public competition.'" 
 competition, at the upset price above mentioned, after 
 
 the same shall have been surveyed and made ready 
 for sale. Due notice thall be given of all such sales ; 
 notice at the same time shall be given of the upset 
 price and terms of payment when they vary from 
 those above stated, and also of the rights, specially 
 reserved (if any) for public convenience. 
 
 45. All lands which shall remain unsold at any Unsold lands by 
 such auction may be spld by private contract at the Pnvatewu»rMt. 
 
14 
 
 Land Ordinance, 1870. 
 
 I<itn<l Hold, Hul)- 
 JocttoruadH, &c. 
 
 Conveyance in- 
 cludes trecM, 
 mines, Ac. 
 
 'A. D. 1870. upset price and on the terms and conditions herein 
 
 — mentioned, on application to the Chief Commissioner 
 
 of Lands and Works and Surveyor-General, or other 
 
 person for the time being duly authorized by the 
 
 Governor in that behalf. 
 
 4G. Unless otherwise specially notified at the time 
 of sale, all Crown Lands rold shall be subject to such 
 public rights of way as may at any time after such 
 sale be specified by the Chief Commissioner of Lands 
 and Works and Surveyor-General, and to the right of 
 the Crown to take therofroai, without compensation, 
 any stone, gravel, or other material to be used in 
 repairing the public roads, and to such private rights 
 of way, and of leading or using water for animals, 
 and for mining and engineering purposes, as may at 
 the time of such sale be existing. 
 
 47. Unless otherwise specially announced at the 
 time of sale, the conveyance of the land shall include, 
 except as provided in Section 23, all trees and all 
 mines and minerals within and under the same (ex- 
 cept mines of gold and silver.) 
 
 [See Section 16 of Act No. 1, 1873, and Order in 
 Council 5th September^ 1873, as to price o/Unsuhveyed 
 . Land; and as to price of Mineral Land, Order in Council 
 2(ith September, 1873, and Order in Council 3rd Septem- 
 ber, 1873, as to Timber locations.'] 
 
 [See Land Office regulations for purchasing Unsurvey- 
 ed Lands, 2*lth August, 1873, Appendix.^ 
 
 Free Mineus' Rights. 
 
 Free Miners may 48. Nothing herein contained shall ex"clude Free 
 search for Miners from entering upon any land in ihis Colony, 
 
 m nera s. ^^^ searching for and working minerals ; provided 
 
 that such Free Miner prior to so doing shall give full 
 satisfaction or adequate security to the satisfaction of 
 the Commissioner, to the pre-emptor or tenant in fee 
 simple, for any loss or damage he may sustain by 
 reason thereof. If the amount of compensation (if 
 any) cannot be agreed upon, the Stipendiary Magis- 
 trate or Gold Commissioner of the District whei'ein 
 the land lies, with the assistance, if desired by either 
 party, of a jury of five persons to be summoned by 
 him, shall decide the amount thereof, and such 
 decision and award shall be final. If there be no 
 such Stipendiary Magistrate or Gold Commissioner 
 in the said District, the Supreme Court shall have 
 jurisdiction in the matter. 
 
Land Ordinance^ 1870. 
 
 15 
 
 in 
 3r 
 ;r 
 
 le 
 
 e 
 li 
 h 
 
 s 
 >f 
 
 J 
 ti 
 
 3 
 
 ) 
 t 
 
 Free Grants. 
 
 A.D. 1R70. 
 
 ^b [See Sectiona 21 to 31 ineltuive, of Act No. 1 of 
 
 ^ 1873.] 
 
 49. It shall bo lawful for the Governor ia Council Frc« gmntB for 
 to make such special free or partially free grants of l'""^'8ra"t».**- 
 the unoccupied and unappropriated Crown Lands of 
 the Colony, for the encouragement of immigration or 
 other purposes of public advantage, with and under 
 Buch provisions, restrictions, and privileges, as to the 
 Governor in Council may seem most advisable for the 
 encouragement and permanent settlement of immi- 
 grants, or for such other public purposes as aforesaid. 
 
 50. Nothing in this Ordinance contained shall be j^^"J,**'"*^"' 
 construed bo as to interfere prejudicially with the * ^5 "• 
 rights granted to Free Miners under the "Gold 
 Mining Ordinance, 1867." 
 
 51. The Schedule hereto shall form part of this Schedule. 
 Ordinance. 
 
 52. Each Commissioner appointed under this Ordi- Bookstobekept. 
 nance shall keep a book or books in which he shall 
 enter the date and particulars of every pre-emption 
 record, certificate of improvement, licence to sub- 
 stitute, transfer, or other document relating to or in 
 any manner aflFecting any pre-emption claim within 
 his District. 
 
 53. All fines and 
 shall be deemed to 
 the Crown. 
 
 fees payable under this Ordinance Application of 
 .be made payable to the use of '*"'^«*"'' f"''«- 
 
 54. This Ordinance shall not take effect until Her SMspending 
 Majesty's assent thereto shall have been proclaimed*^'*""*'* 
 
 in the Colony. 
 
 55. This Ordinance may be cited for all purposes Short Title, 
 as the " Land Ordinance, 1870." 
 
 SCHEDULE. 
 
 \ All forms can be obtained of the Land Recorder of the 
 District.'] 
 
16 
 
 Land Ordinance Amendment Act, 1872. 
 
 ITo. 31. 
 
 A. D. 187-2. An Act to amend the "Land Ordinance, 
 
 [Amentifd hif Ad 1870. 
 
 No. 1 0/1873.] [Asaentetl to Wth April, 1872.] 
 
 HER Majesty,- by and with the advice and consent 
 of the Legislative Assembly of the Province of 
 British Columbia, enacts as follows : — 
 
 ncpoftlH 8«c, so 1. Section 30 of the <'Land Ordinance, 1870," is 
 
 ofUmlOrdl- hereby repealed, 
 nanre. " 
 
 No per«on to re- 2. Every person lawfully entitled to hold a pre- 
 conf more water gjj^ptjQ^ under the said Ordinance, and lawfully 
 necessary. occupying and bona ndo cultivating land;^, may divert 
 
 so much, and no more, of any unrecorded and tin- 
 appropriated water from the natural channel of any 
 stream, lake, or river adjacent to or passing through 
 such land, for agricultural or other purposes, as may 
 be reasonably necessary for such purposes, upon ob- 
 taining the written authority of the Commissioner of 
 the District to that effect, and a record of the same 
 shall be made with him, after due notice as in the 
 said Ordinance mentioned, specifying the name of the 
 applicant, the quantity sought to be diverted, the 
 I place of diversion, the object thereof, and all such 
 
 other particulars as such Commissioner may require ; 
 for every such record the Commissioner shall charge 
 a fee of two dollars ; and no such person shall have 
 any exclusive right to the use of such water, whether 
 . the same flow naturally through or over his land, 
 except such record shall have been made. 
 
 No exclUHivo 
 right to water 
 nntil ditch con<. 
 structed. 
 
 ?>. The owner of any water privilege or right ac- 
 quired by record, shall have no exclusive right to the 
 water privilege so recorded, until he shall have con- 
 structed a ditch for conveying the water to the place 
 where it is intended to be used. And in case any 
 such ditch shall not be of sufficient capacity to carry 
 the quantity of water recorded by the owner of such 
 ditch, then the exclusive right of such owner shall be 
 limited to the quantity which such ditch may be 
 capable of carrying," notwithstanding such record, 
 until such ditch shall be enlarged so as to be capable 
 of carrying the quantity of water recorded by such 
 person. 
 
Land Ordiuance Amendment Act, 1872. 
 
 17 
 
 A.D. 1872. 
 
 Wanting water a 
 mUUemoanor. 
 
 ( Amended by See* 
 oa qf Act liZ, X 
 q/"1873.] 
 
 4. Any owner of any ilitcb or water priviicgo who 
 shall wilfully wasto any quantity of water, by divert- 
 ing any more of it from its natural course, through 
 any ditch or otherwise, than the quartity actually 
 required by him for irrigation or any other purpose, 
 \shnll (if deemed nn'dUj of a misdemeanor ^ anrfj shall bo 
 punished by a fine not exceeding one hundred dollars 
 for each such otTencc, to be recovered before a Justice 
 of the Peace, Stipendiary Magistrate, or Commis- 
 sioner, in a summary manner, and in default of 
 payment by distress ; and no owner of any first record 
 to any ditch or water right shall have any right to 
 interfere with or prevent the construction of any 
 dams, break-waters, or other improvements made or 
 hereafter to bo made for the purpose of saving or 
 economising the water of any creek, lake, or water- 
 course of any kind ; provided _that the construction 
 or use of such dam or break-water docs not nor will 
 divert such water from its proper channel, at the 
 point or place where such owner takes the water used 
 by him into his ditch or channel. Provided, also, that 
 the construction and use of such dam or break-water 
 shall not injure the source from which such water is 
 taken, or the property of any party or parties, by 
 backing' water, flooding, or otherwise. Provided, 
 also, that all disputes arising upon any matter or 
 thing in this clause contained, shall be decided in a 
 summary manner before any Justice of the Peace, 
 Stipendiary Magistrate, or Commissioner, who shall 
 have full power to make such decision as shall seem 
 to him to be just and equitable. 
 
 5 This Act may be cited for all purposes as the Short Title and 
 •' Land Ordinance Amendment Act, 1872," and shall construction, 
 be construed with and part of the " Land Ordinance, 
 1870." 
 
18 
 
 Land Ordinance Amendment Act, 1873. 
 
 No. 1. 
 
 A.D. 1873. An Act to amend the *' Land Ordinance, 
 
 1870." 
 
 [^Asiented to 21«t February, IS^S.] 
 
 Preamble. TITHEREAS it is expedient to give greater facilities 
 
 f Y for the acquisition of land in British Columbia : 
 
 Therefore, Her Majesty, by and with the advice and 
 consent of the Legislative Assembly of the Province 
 of British Columbia, enacts as follows ': — 
 
 Gonstraction. 1. The word "Governor" whenever the same 
 occurs in the " Land Ordinance, 1870," herein termed 
 the "principal Act," shall mean the Lieutenant- 
 Governor in Council. 
 
 Pbe-emption. 
 
 Pro-empted land 2. Notwithstanding anything in the principal Act 
 
 maybe occupied (jQujained, it shall be lawful for any person entitled 
 by agent of pre- . _„ _' ,_ , „„ , _„..;_^ ,^ ^„±L. .k„ .„_. .„ 
 
 'W 
 
 emptor. 
 
 to pre-empt land and required to occupy the same, to 
 BO pre-empt and occupy land by himself or his agent 
 duly authorized in writing in that behalf. The 
 "occupation" required under the principal Act, 
 shall mean a bona fide residence of the pre-eraptor or 
 his agent on the pre-emption claim, and a bona fide 
 cultivation thereof by such person : Provided no sucL 
 agent shall be an Indian or Chinamau : Provided, 
 Indians or Chi- however, that the requirement of such personal occu- 
 tt*™^" °°* ^"^ ^^ P''''*^^'^ sliall cease and determine after a period ol 
 four years of such continuous occupation shall have 
 been fulfilled. 
 
 agents. 
 
 Section 20 
 amended. 
 
 3. Section 20 of the said Ordinance is hereby 
 amended by adding the words "directly or indirectly" 
 after the word " hold " in the first line thereof. 
 
 Shape of pro- ^- The rectangular shape of a pre-emption claim, 
 
 emption claims, as defined in Clause 8 of the principal Act, shall, 
 when pre-empted to the northward and eastward of 
 the Cascade or Coast Range of Mountains, as near as 
 possible, as to the longest line thereof, be one 
 thousand five hundred and twenty four yards, or 
 thereabouts, and one thousand and sixteen yards as 
 to the shortest line thereof, where practicable ; and 
 as to land pre-empted in the rest of the Province 
 shall, as to the longest line thereof, be one thousand 
 
 ■ 
 
Land Ordinance Amendment Actj 1873. 
 
 19 
 
 ► 
 
 . 
 
 ftnd seventy-eight yavds, or thereabouts, and seven 
 hundred and eightee;i yards as to the shortest line 
 thereof, where practicable. 
 
 5. All claims which are now or may .hereafter be 
 pre-empted, shall be marked by stakes or posts at 
 least four inches square, and standing not loss than 
 four feet above the surface, and one such stake shall 
 be placed at each angle of the claim. Any tree may 
 be used for a post provided that it be cut down and 
 squared us aforesaid. No such boundary post shall 
 be removed without the permission of the Commis- 
 sioner of the District wherein the land lies. Upon 
 each post a notice in the following form shall bo 
 affixed : — 
 
 'M.Z?'5landN.E. post" (meaning Nortl>East post); 
 
 A.D. 1873. 
 
 Marking bonn- 
 darics uf claims. 
 
 u 
 
 Aft'^r issuing 
 certificate of 
 improvement 
 pre-emptor 
 untitled to 
 Crown grant. 
 
 A.B^s land N. W. post" (meanii>|y North- 
 West post), and so on, as the case may be. 
 When the above provisions arc not complied wi^h, 
 it shall be lawful for the Chief Commissioner of Lands 
 and Works, upon satisfactory evidence of wilfal neg- 
 lect on the part of the pre-emptor, to cancel the 
 record of such pre-emptor, and the land referred to 
 in the cancelled record shall thereafter be open to 
 pre-emption. 
 
 G. Notwithstanding anything herein and in the 
 principal Act contained, a pre-emptor, at any time 
 after he has received a certificate of improvement as 
 ment'oned in Section 11 of the said Act, shall be 
 entitled to receive a Crown Grant for his land: 
 Provided, always, that no Crown Grant shall issue 
 as aforesaid, until the .requirements and provisions of 
 the principal Act relating to Crown Grants (except 
 as to continuous occupation for four years) have been 
 complied with. 
 
 7. Section 3^ of the principal Act is hereby re- Notice of appli- 
 pealed; and, in lieu thereof, the following shall be cation for records 
 read: — of water. 
 
 " Previous to such authority being given, the ap- 
 plicant shall post up in a conspicuous place on each 
 person's land to be affected by the proposed diversion 
 of any stream, lake, or river, and on the District Court 
 House, notices in writing, stating his intention to 
 enter such land, and through and over the same to 
 take and convey and divert such water (as the case 
 may be), specifying all particulars relating thereto, 
 including direction, quantity, purpose, and term." 
 
20 
 
 Land Ordinance Amendment Act, 1873. 
 
 A.D. 1873. 
 
 Every Commls- 
 eioner may re- 
 cord pre-emp. 
 tion claims. 
 
 8. Notwithstanding anything "contained in tho 
 principal Act, every Commissioner appointed there- 
 under shall have power to record pre-emption claims 
 without first applying for permission therefor to the 
 Chief Commissioner of Lands and Works. 
 
 Conditions pre- [See/orm of notice of application for Lease, Appendix.^ 
 
 cedent to grant- 9, Before any lease is granted for pastoral, hay, or 
 
 ingleaees. timber purposes, the applicant shall give to the 
 
 Commissioner of the District in which the lard lies, 
 
 thirty days' notice in writing of his intention to apply 
 
 for such lease. Such notice shall specify — 
 
 (1.) The locality and the number of acres applied 
 
 for; 
 (2.) The name of the applicant ; 
 (3.) The date of the notice. 
 
 A copy of such notice shall be posted at each of the 
 undermentioned places : — 
 
 (1.) On a conspicuous part of the land referred to ; 
 
 (2.) Upon the wallsgof the office of the Commis- 
 sioner of the District ; 
 
 (3.) On the Court House of the District, if any; 
 
 ?4. ) On the nearest public Inn or Tavern ; 
 
 (5.) On the outer door of the Post Office of such 
 District. 
 
 10> Any person desirous of objecting to such lease, 
 shall give his written reasons therefor, within the 
 time specified in the above notice, addressed to the 
 said Commissioner : and the said Commissioner shall, 
 as soon as possible, forward the same, with his report 
 thereon, to the Chief Commissioner of Lands and 
 Works. 
 
 11. If no objection is raadv>, as aforesaid, to the 
 issue of such lease before the said notice expires, the 
 lease applied for may be issued, if advisable. 
 
 12. Persons who have pre-empted lands, or shall 
 hereafter pre-empt any lands heretofore leased, or 
 which may hereafter be leased for any of the purposes 
 aforesaid, shall have the right of passing and re- 
 passing over suqh leftised lands without being deemed 
 trespassers : Provided, always, that such persons 
 shall not commit wilful waste or damage in passing 
 over such lands. Any person who pre-empts land 
 held under a pastoral lease, and who bona fide culti- 
 vates at least ten acres thereof per annum, shall have 
 the privilege of pasturing not more than fifty head of 
 
 Written object- 
 ion may be|made. 
 
 LeasA may be 
 granted if no ob- 
 jection. 
 
 Pro-emptors of 
 land leased to 
 have riglita of 
 way and a limit- 
 ed riglit of pas- 
 turage over tlie 
 land leased. 
 
Land Ordmance Amendment Actj 1873. 
 
 21 
 
 Aililitional pow- 
 ers conferred for 
 grunting loiitieH. 
 
 Leases to contain 
 provision that 
 land IcaHcd may 
 bo purclutHcd, 
 with componHa- 
 tion to lessee. 
 
 his own stock on the said leased land in the winter A.D. 1873. 
 time, that is, between the first day of November, and 
 the first day of April following, upon his paying to 
 the lessee named in the pastoral lease, on account of 
 thq actual expenses incurred in and about ihe lease- 
 hold, an annual sum proportionate to the number of 
 cattle grazed upon the land. 
 
 13. In addition to the powers conferred on the 
 Lieutenant-Governor in Council by Section 26 of the 
 principal Act, it shall be lawful for the Lieutenant- 
 Governor in Council to grant leases to any person 
 for any purposes other than for pastoral, hay, and 
 timber purposes, upon such terms and conditions as 
 the Lieutenant-Governor in Council shall think fit : 
 Provided, always, that every such lease shall contain 
 a condition making such land liable to purchase by 
 any persons whomsoever, at any time during the 
 term thereof, with such compensation for improve- 
 ments made thereon to be paid to the leaseholder as 
 shall be fixed by the Chief Commissioner of Lands 
 and Works, or his Assistant for the time being, in 
 the District where the land is situated : Provided 
 that if the lessee be dissatisfied with the decision of 
 either of the aforesaid parties, he shall be entitled to 
 submit such decision to arbitration, under the pro- 
 visions of " The Public Works Amendment Act, 
 1873." 
 
 14. Section 26 of the principal Act is hereby am- 
 ended by adding the words " Provided, however, 
 that no such pastoral leases shall be granted on Van- 
 couver Island. Provided, also, that no pastoral lease 
 shall be granted upon any of the Islands adjacent to 
 Vancouver Island or to tlie Mainland of the Province 
 upon which any land is occupied by pre-emptors or 
 persons holding lawds under Crown graut." 
 
 15. Any number of persons, not exceeding four. Pre-emption l>y 
 uniting in partnership for the purpose of pre-empting, P"*'""" uniting 
 holding, and working land, shall be eligible to pre- f"r^tj,Rtpmp"»f. 
 erapt, as a firm, an area of land to the extent to each 
 
 partner in the firm of One hundred and s'xty acres 
 west, and Three hundred and twenty acres east, of 
 the Cascades. Each partner in any su^h firm shall, 
 by himself or agent, represent his interest in the firm 
 by actual cultivation of his quantum of land, and by 
 actual residence upon some portion of the land so 
 held by such firm. A legal proportion of improve- 
 
 No pastoral lease 
 to be grajitod on 
 Vanconver Is- 
 land, nor on any 
 islands upon 
 which land is 
 occupied by pre- 
 emptors. 
 
22 
 
 Land Ordinance Amendment Act, 1873. 
 
 1 
 
 I 
 
 A.D. 1873. 
 
 Improvements 
 in such ctises. 
 
 Residence of 
 partners. 
 
 ments, shall In such case be made on each several 
 One hundred and sixty or Three hundred and twenty 
 acres, as the case may be, but it shall not be necessary 
 in such case that each partner or his agent shall 
 reside on his particular pre-emption. Partners in 
 such firm, or their agents, may reside together on one 
 homestead, provided such homestead be situated upon 
 some portion of the land pre-empted, occupied, and 
 cultivated by such firm. 
 
 Sale of Lands. 
 
 Unappropriated ^^' Unappropriated lands (not being reserved for 
 landmny he sold the sites of Towns or the suburbs thereof,) shall be 
 open for purchase at the rate of not less than One 
 dollar per acre : Provided that whenever so ordered 
 by the Lieutenant-Governor in Council, such unoccu- 
 pied lands as may be deemed by him expedient, from 
 time to time, shall be put up at public sale (of which 
 sale due and sufficient notice shall be given) at the 
 upset price of not less than One dollar per acre to 
 the highest bidder. 
 
 [^Price of land defined by Orders in Council of hth 
 and 20(h September, 1873.] 
 
 [See Land Office Reyulations, 2l(h Angicst, 1873, 
 Appendix.'] 
 
 Highways. 
 
 Public rends are 17. All roads, other than private roads, 
 public higlnvays deemed common and public highways. 
 
 shall be 
 
 To be vested in 
 Her Majesty . 
 
 Sales and free 
 grants for 
 dyking land. 
 
 18. Unless otherwise provided for, the soil and 
 freehold of every public highway shall be vested in 
 Her Majesty, Her heirs and successors. 
 
 Drainage and Dyking. 
 
 19. It shall be lawful for the Lieutenant-Governor 
 in Council to sell any vacant lands of the Crown, or 
 make free grants thereof, to any person or company, 
 for the purpose of dyking, draining, or irrigating the 
 same, subject to such regulations as the Lieutenant- 
 Governor in Council shall see fit. 
 
 Educational Endowment. 
 
 Land may bo set 20. It shall be lawful for the Lieutenant-Governor 
 apart lor Educa- ju Council to set apart in such places in the Province 
 tional purposes. ^^ ^^^ gj^^^jj ^^^^^ g^^ ^^g ^^^ endowment for the purposes 
 
 of Education, such portions of the unappropriated 
 land in the Province as he shall think fit, 
 
 I 
 
Land Ordinance Amendment Act, 1873. 
 
 23 
 
 
 Free Grants. 
 
 A.D. 1873. 
 • [See Order in Council 2bth July, 1873, and Regu- 
 lations 5th September, 1873, Apjycndix.'] 
 
 21. The Lieutenant-Governor in Council may ap- Appropi intion of 
 propriate any public lands considered suitable for f>"p<^ grants for 
 settlement and cultivation, and not being niineral ^^^J^'j^j'^j "'^^^^^^^^ 
 lands, as free grants to actual settlers, under such tioiiM. 
 regulations as shall from time to time be made by 
 
 Order in Council, not inconsistent with the provisions 
 of this Act. 
 
 22. Such grants or appropriations shall include Surveyed lands 
 lands surveyed or hereafter to be surveyed. included. 
 
 23. The person to whom any land may be allotted Person to whom 
 or assigned under such regulations for a free grant •"•"'^ "'"^'e"''*^ *" 
 thereof, shall be considered as located for said la a d ^'''^'^"'''* '"''''*''''• 
 within the meaning of this Act, and is hereinafter 
 
 called the locatee thereof. 
 
 24. No person shall be located for any land under iiemustboof 
 this Act or said regulations unless such person shall the age of 18 
 be of the age of eighteen years or upwards, nor shall ^.'i'^^^g'*' "**' 
 any person be so located for any greater quantity 
 
 than Two hundred and fifty acres. be iSed"""^ 
 
 25. Before any person shall be located for any land Affidavit to bo 
 as aforesaid, such person shall make affidavit to be made, 
 deposited with the Chief Commissioner of Lands and 
 
 Works, that he or she has not been located for any 
 land under this Act or under said regulations, and 
 that he or she is of the age of eighteen years or up- 
 wards, and believes .the land for which he or she 
 applies or desires to be located, is suited for settle- 
 ment and cultivation, and is not valuable chiefly for 
 its mines or minerals, and that such location is desired 
 for his or her benefit and for the purposes of actual 
 settlement and cultivation of • such land, afid not 
 either directly or indirectly for the use or benefit of 
 any other person or persons whomsoever, nor for the 
 purpose of any gold, silver, copper, lead, iron, or 
 other mines or minerals, or any quarry or bed of stone, 
 marble, or gypsum thereon. 
 
 26. No Crown Grant shall issue for any land loca- No Crown grant 
 ted under this Act, or under said regulations, until *« |««"o "»t'l 
 the expiration of three years from the date of such J^,'^g„'J"J„j'jpp^'pjj 
 location, nor unless nor until the locatee or those performed, 
 claiming under him or her, or some of them, shall 
 
24 
 
 Land Ordinance Amendment Act, 1873. 
 
 A.D. 1873. 
 
 On failure of 
 Buoh duties loca- 
 tion to be for- 
 feited. 
 
 No alienation 
 before Crown 
 grant is issued. 
 
 Before issuing of 
 Crown grant 
 land free from 
 locateo's debts. 
 
 After such issu- 
 ing to be exempt 
 from execution 
 for 20 years . 3 
 
 have performed the following settlement duties, that 
 is to say : sh»ll have cleared and have under cultiva- 
 tion at least twenty acres of the said land, whereof at 
 least five acres shall be cleared and cultivated annu- 
 ally during the three years next after the date of the 
 location, to be computed from such date, and have 
 built a house thereon fit-for habitation, at least six- 
 teen feet by twenty feet, and shall have actually and 
 continuously resided upon and cultivated the said 
 land for the term of three years next succeeding the 
 date of such location, and from thence up to the issue 
 of the Crown Grant, except that the locatee shall be 
 allowed one month from the date of the location to 
 enter upon and occupy the land, and that absence 
 from the said la ^ for in all not more than six months 
 during any one year (to be computed from the date 
 of the location) shall not be held to be a cessation of 
 such residence, provided such land be cultivated as 
 aforesaid. 
 
 27. On failure in performance of the settlement 
 duties aforesaid, the location shall be forfeited, and 
 all rights of the locatee, or of any one claiming under 
 him or he., in the land, shall cease. 
 
 28. Neither the locatee, nor any one claiming under 
 him or her, shall have power to alienate, (otherwise 
 than by devise) or to mortgage or pledge any land 
 located as aforesaid, or any right or interest therein 
 before the issue of the Crown Grant; 
 
 29. No land lo'cated as aforesaid, nor any interest 
 therein, shall in any event be or become liable to the 
 satisfaction of any debt, or liability contracted or 
 incurred by the locatee, his widow, heirs, or devisees, 
 before the issuing of the Crown Grant for such land. 
 After the issuing of the Crown Grant for any such 
 land, and while such land or any part thereof, or any 
 interest therein, is owned by the locatee, or his 
 widow, heirs, or devisees, such land, part, or interest, 
 shall, duiing twenty years next after the date of such 
 location, be exempt from attachment, levy under 
 execution, or sale for payment of debts ; and shall 
 not be or become liable to the satisfaction of any 
 debt or liability contracted or incurred before or 
 during that period, save and except any debt secured 
 by a valid mortgage or pledge of such land made 
 subsequently to the issuing of the Crown Grant 
 therefor. 
 
Laud Ordmancc Amendment Actj 1873. 
 
 26 
 
 30. Nothing in this Act shall be construed to A.D. 1873. 
 exempt any land from levy or sale for rates or taxes, no cxt«mirtii.ii 
 now or hereafter legally imposed. from tnxoB. 
 
 31. Every Crown grant to be issued for any land statcmonts in 
 located as aforesaid, shall state in the body thereof, Crown Grunt, 
 the name of the original locatee of the said land, and 
 
 the date of the said location, and that the iaid Crown 
 grant is issued under the authority of this Act. 
 
 32. Form H. in the Schedule to the said " Land Form ii. ropoiii- 
 Ordinance, 1870, " is hereby repealed, and in lieu o*'- »"'' foUow- 
 thereof the following Form of Crown grant shall bo ins substituted, 
 substituted : — 
 
 Form. 
 
 } 
 
 [Royal Arms.] 
 
 Province of 
 British Columbia. 
 No. 
 
 Victoria by the Grace of God of the United King- 
 dom of Great Britain and Ireland, Queen Defender of 
 the Faith, and so forth. To all to whom these 
 presents shall come greeting : Know ye that We do 
 by these presents, for Us, Our heirs and successors, 
 in consideration of the sura of to Us paid, 
 
 give and grant unto h heirs and assigns. 
 
 All that parcel or lot of land situate and 
 
 numbered on the oflBcial plan or survey of 
 
 the said in the Province of British Columbia, 
 
 To have and to hold the said parcel or lot of land, 
 and all and singular the premises hereby granted, 
 with their appurtenances, unto the said 
 h heirs and assigns for ever. 
 
 Provided nevertheless that it shall at all times be 
 lawful for Us, Our heirs and successors, or for any 
 person or persons acting in that behalf by Our or 
 their authority, to resume any part of the said lands 
 which it may be deemed necessary to resume for 
 making roads, canals, bridges, towing paths, or othep 
 works of public utility or convenience, so nevertheless 
 that the lands so to be resumed shall not exceed one- 
 twentieth part of the whole of the lands aforesaid, 
 and that no such resumption shall be made of any 
 lands on which any buildings may have been erected, 
 or which may be in use as gardens or otherwise for 
 the more convenient occupation of any such buildings. 
 
 Provided also that it shall at all times be lawful 
 for Us, Our heirs and successors, or for any person 
 or persons acting under Our or their authority, to 
 
 B 
 
J . «.»^.,uiWnJMiJ1 K*J.t«i.««M'S»i 
 
 26 
 
 A.D. 1873. 
 
 I 
 
 Section 4 
 aniomlcd ' 
 
 To couio into 
 force on Slst 
 July, 1873. 
 Short Title. 
 
 Land Ordinance Amendment Act^ 1873. 
 
 enter into and upon any part of the said lands, and 
 to raise and get thereout any gold or silver ore which 
 may be thereupon or thereunder situate, and to use 
 and enjoy any and every part of the same land, and 
 of the easements and privileges thereto belonging, for 
 the purpose of such raising and getting, and every 
 other purpose connected therewith, paying in re- 
 spect of such raising, getting, and use, reasonable 
 compensation. 
 
 Provided also that it shall be lawful for any person 
 duly authorized in that behalf by Us, Our heirs and 
 successors, to take and occupy such water privileges, 
 and to have and enjoy such rights of carrying water 
 over, through, or under any parts of the heredita- 
 ments hereby granted, as maybe reasonably required 
 for mining or agricultural purposes in the vicinity of 
 th^e said hereditaments, paying therefor a reasonable 
 compensation to the c foresaid h heirs 
 
 or assigns. 
 
 Provided also that it ehall be at ail times lawful 
 for any person duly authorized in that behalf by Up, 
 Our heirs and successors, to take from or upon any 
 part of the hereditaments hercbygranted, the right 
 to take from any such land, without compensation, 
 any gravel, sand, stone, lime, timber, or other 
 material which may be required in the construction, 
 maintenance, or repair of any roads, ferries, bridges, 
 or other public works. 
 
 In testimony whereof We have caused these Our 
 letters to be made patent, and the great seal 
 of Our Province of British Columbia to be 
 hereunto affixed. Witness His Honor 
 
 , Lieutenant-Governor of Our 
 Province of British Columbia and its Depen- 
 dencies, at Our Government House, in Our 
 City of Victoria, this ■ day of , 
 
 in the year of Our Lord one thousand eight 
 hundred and , and in the 
 
 year of Our Reign. 
 
 33. Section 4 of the "Land Ordinance Amendment 
 Act, 1872," is hereby amended by striking out the 
 words " shall be guilty of a misdemeanor, and " in 
 the 4th and 5th lines thereof. 
 
 34. This Act shall not come into force until the 21st 
 day of July, 1873. 
 
 35. This Act maybe cited as the " Land Ordinance 
 Amendmeat Act, 1873." 
 
Railway Itcscrve^^Price of Vnmrveycd Lands. 27 
 
 Railway Reserve of a strip of land 20 miles wide, 
 between Seymour Narrows and Esquimau. 
 
 [UtJuly^ 18Y3.] 
 
 WHEREAS by an Order in Council dated the 7tb dayof Jnne, 
 1873, of the Honorable the Privy Council of Canada, it has 
 been decided " that Esquimau, in Vancouver Island, be fixed as 
 " the Terminus of the Canadian Pacific Railway, and that a line 
 " of Railway be located between the Harbour of Esquimalt and 
 " Seymour Narrows, on the said Island ;" and whereas in accord- 
 ance with the terms of the said Order in Council, application has 
 been made to His Excellency " the Lieutenant-Governor of British 
 " Columbia, for a reservation and for the conveyance to the 
 " Dominion Government, in trust, according to the 11th paragraph 
 " of the Terms of the Agreement ol Union, of a strip of land twenty 
 "miles in width along the Eastern Coast of Vancouver Island, 
 "between Seymour Narrows and the Harbour of Esquimalt, in 
 " furtherance of the construction of the sai ' Railway." 
 
 And whereas it has been deemed advisable that the land within 
 the limits aforesaid should be reserved, prior to any conveyance 
 aforesaid being made thereof. Public notice is therefore hereby 
 given, that from and after this date a strip of land twenty miles in 
 width along the Eastern Coast of Vancouver Island, between 
 Seymour Narrows and the Harbour of Esquimalt, is hereby re- 
 served. 
 
 By Command. JOHN ASH, 
 
 Provincial Secretary. 
 
 Provincial Secretary's Office^ 
 July 1st, 1873. 
 
 Order ih. Council fixing price of Unsurveyed and 
 Unoccupied Land. 
 
 [5<A September, 1873.] 
 
 PUBLIC NOTICE.— Notice is hereby given, that by an Order in 
 Council, dated 5th September, 1873, it was determined that 
 the price of unsurveyed and unoccupied lands in the Province of 
 British Columbia, should be two dollars and fifty cents per acre, 
 the right to all the precious and baser metals or minerals being 
 reserved to the Crown, provided that no person either individually 
 or as a member of a company shall be entitled to purchase more 
 than 640 acres. 
 
 ROBERT BEAVBN, 
 Chief Commissioner Lands and Workt* 
 Lands and Works Department, 
 
 Victoria, lUh September, 1873. 
 

 28 Price of Mineval Lands — PrC'cmption Purchase, 
 Order in Council fixing price of Mineral Land. 
 
 [20/A September, 1873.] 
 
 PUBLIC NOTICE.— Notice is hereby given, that by an Order in 
 Council, dated 20th September, 1873, it was determined that 
 the price of Mineral Land, with the right to take coal and all the 
 baser metals and minerals, but reserving gold, platinum, and 
 silver, should be ten dollars per acre, payable half in cash and the 
 balance in two y ars, or previous to survey and issue of the 
 Crown Grant ; and that no person should be allowed either 
 directly or indirectly to purchase more than 640 acres as above. 
 
 ROBERT BEAVEN, 
 
 Chief Commissioner Lands and Worka. 
 
 Lands and Works Office, 
 
 Victoria, 23rd September, \813. ' • 
 
 Order in Council enabling Fre-emptors in error to 
 complete purchase. 
 
 . [20i/t September, 1873.] 
 
 PUBLIC NOTICE.— Notice is hereby given, that by an Order in 
 Council, dated 20th September, 1873, it was determined that 
 pre-emptors who have recorded land in error as a pre-emption 
 purchase, under the Land Ordinance of the 11th April, 1866, sub- 
 sequent to the 20th October, 1870, and who have paid a deposit of 
 two shillings and one penny per acre, should be permitted to pur- 
 chase land at the rate of one dollar per acre, subject to the Land 
 Ordinances, 1870 and 1873, and by complying with the Regulations 
 as to the purchase of unsurveyed land under date 27th August, 
 1873, excepting as to the payment of a record lee of five dollars, 
 and by substituting fifty cents per acre in lieu of one dollar, as 
 contained in Section 2 of said Regulations. 
 
 ROBERT BEAVEN, 
 Chief Commissioner Lands and Works, 
 
 Lands and Works Office, 
 
 Victoria^ 23rc? September, 1873. 
 
Tmbcr Locations — Free Grants. 
 
 ^ 
 
 Order in Coundil enabling Fre-empfors of I^airie 
 Land to locate 20 acres of Timber Land- 
 
 [3rd September f 1873.] 
 
 PUBLIC NOTICE.— Notice is hereby given, that by an Order in 
 Council dated 3rd September, 1873, it was determined that in 
 the event of a pre-emptor recording 160 acres of prairie land ini 
 New Westminster District, he should be allowed to locate twenty 
 acres of timbered land in the vicinity of his premption ; the said 
 location to be made under the same Rules and Regulations as 
 issued under date 27th August, 1873, as to the purchasing of un- 
 surveyed land from the Crown, excepting as to the cash payment 
 of one dollar per acre, but to be subject to the same conditions as 
 to settlement and payment as land recorded as a pre-emption 
 under the " Land Ordinance, 1870,' and " Land Ordinance Amend- 
 ment Act, 1873," and shall appertain to and form an addition to 
 such pre-emption. 
 
 ROBERT BEAVBN, 
 Chief Commissioner Lands and Works, 
 Victoria^ September 13^, 1873, 
 
 [See/orm of application for Timber Locations, Appendix.'\ 
 
 Order in Council setting apart certain lands for 
 Free Grants. 
 
 [2hth July, 1873.] 
 
 ON a memorandum, dated 14th July, 1873, fro.a the Honourable 
 the Chief Commissioner of Lands and Works, reporting that 
 it is necf ssary to set aside, at once, certain sections of land in the 
 Province ai Free Grant Sections, under the provisions of the 
 "Land Amendment Act, 1873, and recommending that one hun- 
 dred and sixty acres be allowed on the East Coast of Vancouver 
 IslanI, oetween Chatham Point and Fort Rupert (being a distance 
 of about ninety statute miles), and East of the Cascade Range the 
 quantity allowed to be taken for a Free Grant be two hundred and 
 and forty acres, and that in New Westminster District the Chief 
 Commissioner be authorized to set apart two Townships, in which 
 Free Grants of an extent of one hundred and sixty acres may be 
 located. 
 The Committee advise that the recommendation be approved. 
 
 (Signed) A. DbCOSMOS, 
 
 President of the Council, 
 Approved in Council, 
 
 JOSEPH W. TRUTCH, 
 
 ?5^A /w/y, 1873, 
 
Iill 
 
 so 
 
 
 Free Grant Regxdatiom, 
 
 Begulations respecting the acquisition Oi' 
 Free Grants. 
 
 Lands and Works Department, 
 
 hth September, 1873. 
 
 THE following Regulations respecting the acquisition of Free 
 Grant! of Land in British Columbia, are hereby published for 
 general information. 
 
 ROBERT BEAVEN, 
 
 Chief Commissioner of Lands and Works. 
 
 Under the following Regulations and Ordinances, the Government 
 of British Columbia are prepared to give Free Grants of vacant 
 unsurveyed Crown Land, suitable for settlement and ciiUivatlon, 
 and not being Mineral Land, to bona fide Settlers, in the following 
 quantities and sections of the Province, viz : — 
 
 On the East Coast of Vancouver Island, between 
 
 Chatham Point and Fort Rupert IGO acres. 
 
 In that part of the Province East of the Cascade 
 
 Range of Mountains 240 acres. 
 
 And intend setting aside Two Townships in the New 
 
 Westminster District for Free Grant locations of 160 acres, 
 
 when surveyed. 
 
 Regulations. 
 
 1. Beibre any person can be located for a Free Grant of land, 
 he cr him i^/iall make affidavit, to be deposited with the Chief 
 Commir^iirner of Lands and Works, that he or she has not been 
 located for any land under the Free Grant sections or regulations 
 of the ** Land Amendment Act, 1873," and is not a pre-emptor or 
 owner of land in the Province, and that he or she is of the age of 
 eighteen years or upwards, and believes, the land for which he 
 or she applies or desires to be located, is suited for settlement 
 and cultivation, and is not valuable chiefly for its mines or 
 minerals, and is not acquired for the purpose of obtaining posses- 
 sion of or disposing of any timber growing or being on said land, 
 and that such location is desired for his or her benefit and for the 
 purpose of actual settlement and cultivation of such land, and not 
 either directly or indirectly for the use or benefit of any other 
 person or persons whomsoever, nor for the purpose of any gold, 
 silver, copper, lead, iron, or other mines or minerals, or any 
 quarry or bed of stone, marble, or gypsum thereon. 
 
 2. Any 'person making apnlication for a Free Grant shall, if 
 rec^uired, procure an alfidfvvit from such person as can n?ake the 
 
 samt, 8ta 
 resided u] 
 
 «• 3. No ] 
 under the 
 any subsc 
 sidered as 
 Free Grar 
 Grant sha 
 rights acq 
 in the Pre 
 
 4. An a 
 same com 
 before the 
 of his or 
 event of si 
 early a pe 
 rights acq 
 
 5. NoC 
 
 Act, or u 
 from the 
 or those c 
 performed 
 have clear 
 the said 
 cultivated 
 the locati 
 house the: 
 and shall 
 vated the 
 the date c 
 Crown Gr 
 from the 
 and that 
 months di 
 location) 
 provided i 
 
 G. On f 
 the locati( 
 any one cl 
 
 7. Proo 
 declaratio 
 and two s 
 or a Justi( 
 
 8. In ca 
 sioner of 
 
Free Grant Rcgulattom* 
 
 ai 
 
 samt, stating thnt the and is vacant, and that no person has 
 resided upon it for the lasi six months. 
 
 3. No person shall he er.tllied to hold land in tic Province 
 under the Pre-emption and Free Grant Acts at the sarai; time ; and 
 any suhsequcnt pre-emption record by the locatee, shall be con- 
 sidered as an act of forfeiture of any rights acquired under the 
 Free Grant Clauses of the Act of 187;{ ; and the locating of a Free 
 Grant shall be construed as an act of forfeiture of any pre-emption 
 rights acquired under any of the Land Ordinances or Proclamations 
 in the Province. 
 
 4. An alien shall be entitled to locate a Free Grant under the 
 same conditions as a British suljject, upon signing a declaration, 
 before the Commissioner of the District, or a Justice of the Peace, 
 of his or her intention to become a British subject; but in the 
 event of such alien not completing his or her naturalization at as 
 early a period as the law admits, that he or she shall forfeit all 
 rights acquired. 
 
 5. No Crown Grant shall issue for any land located under this 
 Act, or under said regulations, until the expiration of three years 
 from the date of such location, nor unless nor until the locatee 
 or those claiming under him or her, or 8omeofthem, shall have 
 performed the following settlement duties, that is to say : shall 
 have cleared and have under cultivation at least twenty acres of 
 the said land, whereof at least five acres shall be cleared and 
 cultivated annually during the three years next after the date of 
 the location, to be computed from such date, and have built a 
 house thereon fit for habitation, at least sixteen feet by twenty feet, 
 and shall have actually and continuously resided upon and culti- 
 vated the said land for the term of three years next succeeding 
 the date of such location, and from thence up to the issue of the 
 Crown Grant, except that the locatee shall be allowed one month 
 from the date of the location to enter upon and occupy the land, 
 and that absence from the said land for in all not more than six 
 months during any one year (to be computed from the date of the 
 location) shall not be held to be a cessation of such residence, 
 provided such land be cultivated as aforesaid. 
 
 G. On failure in performance of the settlement duties aforesaid, 
 the location shall be forfeited, and all rights of the locatee, or of 
 any one claiming under him or her, in the land, shall cease. 
 
 7. Proof of actual settlement and cultivation shall be made by 
 declaration, under the "Oaths Ordinance, 1869," by the claimant 
 and two settlers in the neighbourhood, before the Commissioner 
 or a Justice of the Peace. 
 
 8. In case it is proved, to the satisfaction of the Chief Commis- 
 sioner of Lands and Works, that the settler has yolnRtaril^ 
 
if 
 
 h !; 
 
 82 
 
 Free Grant Regulations. 
 
 
 relinquished his claim, or has been absent from the fand located 
 by bim for more than six months in any one year, or has not made 
 the improvements required by law, then the right to such land ^, 
 shall be forfeited, and the settler so relinquishing or abandoning 
 his claim shall not be permitted to be located a^ain for*a Free 
 Grant. 
 
 9. Neither the locatee, nor any one claiming under him or her, 
 shall have power to alienate, (otherwise than by devise) or to 
 mortgage or pledge any land located as aforesaid, or any right or 
 interest therein, before the issue of a Crown Grant. 
 
 10. All assignments and transfers of Free Grant rights before 
 the issue of the Crown Grant shall be null and void, and shall be 
 deemed evidence of abandonaient of the right, and the person so 
 assigning or transferring shall not be permitted to again locate a 
 Free Grant. 
 
 11. All Free Grants must be staked off with posts, at least four 
 inches square, and standing not less than four feet above the 
 surface ; and one such stake shall be placed at each angle of the 
 claim. Any tree may be used for a post, provided that it be cut 
 down and squared as aforesaid. No such boundary post shall be 
 removed without the permission of the Commissioner of the District 
 wherein the land lies. Upon each post a notice in the following 
 form shall be affixed : — 
 
 "^. J?'« land N. E. post" (meaning North-East post): ^' A. B's 
 land N. W. post" (meaning North-West post); and so on, 
 as the case may be ; 
 
 and shall measure, West of the Cascades, 40 by 40 chains ; and 
 East of the Cascades, 80 by 40 chains. 
 
 12. All lines shall run due North and South, and due East and 
 West ; and all locatees or claimants under this Ordinance must 
 comply, in all cases, with the official survey when made. 
 
 13. A locatee of a Free Grant on unsurveyed land shall, after 
 the official survey has been made, and within three • ■ iths after a 
 copy of the map of said land has been deposited Jn uis District, 
 and public notice thereof giv9n in the British Columbia Gazette, 
 make application to be locateol for the quarter section, or quarter 
 section and portion of adjoining quarter section, as the case may 
 be, in which the land upon which he has resided, and which he 
 has improved, may be. In case of disputed ownership, the Chief 
 Commissioner of Lands and Wo.'ks shail determine the respective 
 rights of the adverse claimants, according to priority of record and 
 priority of settlement, and the fact of such settlement may be 
 shewn by actual occupation of and improvements made on the 
 land in/»>pute, 
 
Free Grant Refjulatlons. 
 
 33 
 
 to 
 or 
 
 14. Any locatee shall, at any time after official survey and prior 
 to the expiration of tho term of occupation required by the " Land 
 Ordinance Amendment Act, 1873," have the right or privilege, 
 should ho or she so deaire it, of applying for and obtaining a 
 Crown Grant of the land included in the Free Grant location, in 
 the same manner as if the said land had been pre-empted in the 
 first instance, upon payment, however, for the land at the upset 
 price fixed for pre-emption claims, and upon fulfilling the condi- 
 tions applicable to pre-emption claims. 
 
 15. No land located as aforesaid, nor any interest therein, shall 
 in any event be or become liable to the satisfaction of any debt or 
 liability contracted or incurred by the locatee, his widow, heirs, 
 or devisees, before the issuing of the Crown Grant for such land. 
 After the issuing of the Crown Grant for any such land, and while 
 such land or any part thereof, or any interest therein, is owned by 
 the locatee, or his widow, heirs, or devisees, such land, part, or 
 interest, shall, duiing twenty years next after the date of such 
 location, be exempt from attachment, levy under execution, or 
 sale for payment of debts ; and shall not be or become liable to 
 the satisfaction of any debt or liability contracted or incurred 
 before or during that period, save and except any debt secured by 
 a valid mortgage or pledge of such land made subsequently to the 
 issuing of the Crown Grant therefor. 
 
 16. Nothing in these Regulations shall be construed to exempt 
 any land from levy or sale for rates or taxes, now or hereafter 
 legally imposed. 
 
 17. Every Crown Grant to be issued for any land located as 
 aforesaid, shall state in the body thereof, the name of the original 
 locatee of the said land, and the date of the location, and that the 
 said Crown Grant is issued under the authority of the "Land 
 Ordinance Amendment Act, 1873." 
 
 18. Every location shall be recorded at the Land Office in the 
 District, following the rules of record as to pre-emptions, 
 
 19. The Chief Commissioner of Lands and Works shall have 
 power to cancel any Free Grant record upon proof, satisfactory to 
 him, that any oi" the above stipulations have not been complied 
 with. 
 
 20. The provisions of the "Land Ordinance, 1870," and the 
 "Land Ordinance Amendment Act, 18'i3," to be complied with, 
 together* v»'Hh the ubove regulations. 
 
■MB 
 
 APPENDIX. 
 
 Land Office Forms and Regulations. 
 
 Form of application for permission to Pre-empt. 
 
 Victoria, B. C, 18 
 
 """> — 
 
 I beg to apply for permission to enter upon, in terms of 
 the '« Land Ordinance, 1870," the section of land containing 
 
 acres, situate in District, and more 
 
 particularly shewn on the sketch map annexed hereto : 
 
 I remain. Sir, 
 
 Your obedient servant, 
 
 To 
 
 Address 
 
 To 
 
 Form of Application for Oovernment Survej. 
 
 Place 
 
 Date 
 
 Assistant Commissioner of Lands and Works, 
 
 Sir,— 
 
 I hereby apply for a Government Survey of the tract of 
 land described below ; and shall be prepared, in order to obtain a 
 title to the same, to pay over immediately, on completion of such 
 survey, to the Chief Commissioner of Lands and Works, or Sur- 
 
36 
 
 Appendix. 
 
 veyor-General, or his agent, the amount of instalments remaining 
 due to Government on account of said tract of land. 
 Name, 
 Address, 
 
 No. of acres claimed, 
 Where situated. 
 
 Whether by pre-emption or right of purchase. 
 Date of record. 
 Where recorded. 
 
 Date of Certificate of Improvement, 
 By whom given, 
 Whether claimant has posted, as required] 
 
 by clause 33 of Land Ordinance, 1865, 
 
 or clause 22 of Land Ordinance, 1870, I 
 
 notic3s of his intention to apply for a 
 
 Crown Grant, J 
 
 Date of such notices, ,g|h 
 
 Description of claim by motes an^Dounds, ] 
 
 in accordance with the accompanying V 
 
 plan, J 
 
 I am not aware of any reason why a Crown Grant of the above 
 described land should not be issued in the name of this applicant 
 ( y, notice of his intention to apply for such grant 
 
 having been duly posted in accordance with the requirements of 
 clause 33 of the Land Ordinance, 1865, or clause 22 of the Land 
 Ordinance, 1870, without any objection having been made thereto. 
 
 Form of Notice of application for 
 
 Lease. 
 
 I, 
 
 a lease of 
 
 situated in 
 
 , of , intend to apply for 
 
 acres of land, for . purposes. 
 
 District, ana bounded as foUow^s : — 
 
 and I have posted this notice at the following places : — 
 
 Any person or persons desirous of objecting to the granting of this 
 lease must give their reasons in writing to the Commissioner of the 
 District, within thirty days from the date hereof. 
 
 Dated, this day of 187 . 
 
Forms and Hey illations. 
 
 87 
 
 Form of Notice of application to Becord a Twenty Acre 
 
 Timbered Lot.. 
 
 I, , of , intend to nuikc 
 
 application to Record, under Order in Council dated 13tli Septem- 
 ber, 1873, twenty acres of land, situated in District, 
 and bounded as follows : [here describe locality, boundaries, and 
 make sketch plan.'] And I have posted notices at the following 
 places : 
 
 Any person desirous of objecting to the Record of the above 
 land, must give their reasons in writing to the Land Recorder in 
 the District, within thirty days from the date hereof. 
 
 Dated this day of A. D. 18 . 
 
 Signed, 
 
 ve 
 nt 
 ut 
 of 
 d 
 to. 
 
 or 
 
 IS, 
 
 lis 
 he 
 
 Timbered Lot. 
 Form J. 
 
 Form of Application to Becord a Twenty Acre Timbered Lot. 
 
 British Columbia, 
 
 •187 
 
 To the Land Recorder of the District of- 
 
 SiR, — I beg to apply for permission to enter upon, as a Timbered 
 Location, in terms of the " Land Ordinance, 1870," and amend- 
 ments, and under Order in Council, dated 13th September, 1873, 
 the one-eighth of a quarter Section of Land, containing Twenty 
 Acres, situate in District, and more particularly 
 
 shown on the Sketch Map annexed hereto ; [describe the locality and 
 and boundaries, and make a sketch of the plan on the back of this 
 application. "] 
 
 The land is unsurvcyed, unoccupied, unreserved, and unappro- 
 priated Crown Land, and is not an Indian Settlement, and has 
 been unoccupied for the past six months by any person, and that 
 there ate no notices of application to purchase, pre-empt, or 
 record, or any notice of leave of abst -^e, posted thereon ; that the 
 laud pre-empted by me under pre-emption record No. , dated 
 
 day of 
 
 18 , situated in 
 
88 
 
 Hi 
 
 •5 i 
 
 ,■■' 4 ■ \ 
 
 Appendix. 
 
 District, is entirely prairie land, and that there is no timber 
 thereon, and that this land is in the vicinity thereof. 
 
 I have also staked off the said land, and posted notices for 
 thirty days previous to the date hereof, in accordance with the 
 instructions issued by the Government, under date 27th August, 
 18V3, to persons desirous of purchasing unsurveyed land. 
 
 The above statements, in reference to the land herein applied 
 for, are certified by the undersigned to be correct. 
 
 Signature of Applicant, 
 
 Signature of two resi-i 
 
 dents in the District, j 
 
 N.B. — The above Certijicate must br signed by the applicant^ and 
 any two persons acquainted with the fa !s. 
 
 Regulations to be observed by Persons desirous of purchasing 
 
 Unsurveyed Lands- 
 
 Before unsurveyed and unoccupied Crown Lands can be sold by 
 Government, the persons wishing to purchase must comply with 
 the following conditions : — 
 
 1. For thirty days, previous to making.application to purchase, 
 a notice must be posted on some conspicuous portion of the land 
 intended to be applied for, on the Court House of the District, at 
 the Office of the Land Recorder of the District, and at the nearest 
 Inn ; and, also, notice must be. given to the Land Recorder of the 
 District. 
 
 The said notices shall contain a clause, calling upon persons 
 objecting to such purchase to state their objections in writing 
 within the next thirty days from the date of the posting of the 
 notice, addressed to the Land Recorder of the District. 
 
 2. At the expiration of the period of thirty days, the intending 
 purchaser must forward to the Land Recorder of the District a 
 written application in Form J, in duplicate, with sketch plan 
 thereon fully describing the land sought to be purchased, setting 
 forth, generally, the situation and dimensions ot such land. Form 
 J must be signed by the applicant, and by two residents of the 
 District, and be accompanied with a fee of Five Dollars, and by 
 a payment upon the estimated acreage, at the rate of one dollar 
 per acre* 
 
 *i 
 
Fonas and Regulations. 
 
 39 
 
 3. Upon receipt of Form J, the Lieutenant-Governor in Council, 
 through the Chief Commissioner of Lands and Works, will inform 
 the applicant as to the number of acres that he may bo allowed 
 to purchase, the price, and terms of payment ; and should the 
 price exceed the one dollar per acre, or the acreage be greater 
 than the Government may decide to grant, the applicaat will bu 
 informed thereof, and a stated time will be fixed, within which he 
 will be at liberty to accept the said terms ; and should he decide 
 to accept the same, he must do so in writing within the time 
 stated, otherwise he will be deemed to have rejected the said terras, 
 and the deposit will be refunded. Should, however, the price of 
 the land not exceed the rate of one dollar per acre, the Chief Com- 
 missioner of Lands and Works will forward to him a receipt, 
 stating that he is entitled to such number of acres of land in Town- 
 ship Subdivisions as the acreage may be ; said receipt not being 
 transferable ; and upon the survey of the Township contaiuing the 
 land applied for being effected, and upon the production of the 
 receipt above referred to, the claimant shall be entitled to a Crown 
 Grant, under either the Land, Mineral, or Gold Mining Ordinances, 
 as the case may be, for such number of acres in Township Sub- 
 divisions as shall have been applied and paid fo**, and leave granted 
 to purchase ; provided the conditions of sale, and all present or 
 future regulations or enactments as to the purchase of lands from 
 the Crown, have been complied with. 
 
 4. The land must be staked off so as to conform to the rectangu- 
 lar or square system of surveying now adopted by the Provincial 
 Government, namely, by laying the public lands out into Town- 
 ships of six miles square, and subdividing each Township into 
 thirty-six sections of one mile square, each section containing four 
 quarter sections of 160 acres each. Applicants, therefore, must 
 conform to the above by staking off the land in quarter sections of 
 40 by 40 chains, or 880 yards by 880 yr-ds ; and should a lesser 
 quantity than 160 acres be required, the land to be staked off 40 
 by 20 chains, or 880 yards by 440 yards, which will be equal to 80 
 acres; or, 20 by 20 chains, oi* 440 yards by 440 yards, equal to 40 
 acres ; excepting where, from the nature of surveys made, it should 
 be impossible to conform to' the rectangular or square system. 
 
 5. All lines are to be run due North and South, and due East 
 and West. 
 
 6. All posts are to be at least four inches square, and standing 
 not less than four feet above the surface, and firmly placed in the 
 ground. Any tree may be used for a post, provided it be cut 
 down and squared as aforesaid, No such boundary post shall be 
 removed without permission in writing from the Commissioner of 
 the District wherein the land lies. 
 
40 
 
 Appendix, 
 
 Ou euch post, a notice in tlie following Form shall be fixed : — 
 A. B's land, N. E. post (meaning North-east post); 
 A. B's land, N. W. post (meaning North-west post); 
 And so on as the case may be. 
 The boundaries so staked off shall bo subject to rectification by 
 the Chief Commissioner of Lands and Worlcs when surveyed, eitheV 
 as an isolated or Provincial Survey, or both. 
 
 v. Should it be deemed advisable to survey the land for which 
 application has been made, and issue a Crown Grant previous to 
 the survey and subdivision of that portion of the Province into 
 Townships, the same same may be done at the cost of the applicant, 
 and by a Surveyor approved of and acting under instructions from 
 the Chief Commissioner of Lands and Works. The said survey 
 shall be connected with some known point or boundary, so that 
 the land may be laid down on the maps of the District in the Land 
 Uilice, and shall be known as an isolated survey. 
 
 8. Pre-cmptors may surrender their pre-emption right, and 
 purchase at such price per acre as may be fixed by the Lieutenant- 
 Governor in Council. 
 
 0. A purchaser of unsurvcyed land shall, after the official survey 
 has been made, and within three months after a copy of the map 
 of said laud shall have been deposited in the District, and public 
 notice given thereof in the Government GazeKe, make application 
 for a Crown Grant of the land purchased by him. 
 
 Lands and Works Dej)arlment, 
 Victoria, 21th August, 1873. 
 
 i 
 
 ] 
 
 Form of Notice of applioatlon to purchase Unsurveyed Lands. 
 
 \, J of > intend to make application 
 
 to purchase acres of land, situated in 
 
 District, and bounded as follows i [fiere describe locality ^boundaries,, 
 and make sketch plan t"] And I have posted notices at the following 
 places :^ 
 
 Any person desirous of objecting to the sale of the above land, 
 must give their reasons in writing to the Crown Land Recorder in 
 the District, within thirty days from the date hereof. 
 
 Dated this day of A.D. 18 . 
 
 Signed, ■ ■nn 
 
Forms and Recpdatioifs. 
 
 41 
 
 Form J. 
 
 1873. 
 
 Application to purohase Unsunreyed Land. 
 
 To the Land Recorder of the District of 
 
 Sir,— 
 
 I have the honor to inform you that I am desirous of pur- 
 chasing from the Crown a tract of land situated [describe the locality 
 and boundaries y and make a sketch of the plan on the back of this appli- 
 cation"], and supposed to contain acres more or less. 
 
 The land is unsurveyed, unoccupied, unreserved, and unappropri- 
 ated Crown Land and is not an Indian settlement, and has beeu 
 unoccupied for the past six months, by any person. 
 
 That the land is required by me for [state whether the land is taken 
 up either for agricultural, pastoral, timber, or mineral purposes ; and 
 when taken up for mineral purposes, state what mineral.] 
 
 I have also staked off the said land, and posted notices for thirty 
 days previous to the date hereof, in accordance with the instructions 
 issued by Government, under date , to persons desirous 
 
 of purchasing unsurveyed lands, and I am prepared to purchase 
 said land in compliance with the said rules and instructions above 
 referred to, and subject to all present or future enactments as to 
 the purchase of lands from the (.vown. 
 
 Herewith I pay to you 
 acres of land in 
 
 dollars, on account of 
 District, British Columbia. 
 
 The above statements, in reference to the land herein applied 
 for, are certified by the undersigned to be correct. 
 
 Signature of Applicant, • 
 Signature of two Resi- "i 
 dents .in the District, / 
 
 N.B. — The above certificate must be signed by the applicant, and any 
 two persons acquainted with the facts. 
 
 land, 
 der in