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BC Historical Books

Appendix to the revised statutes of British Columbia, 1871. Containing certain repealed colonial laws… British Columbia. Laws, statutes, etc. 1871

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Array  THE LIBRARY
THE UNIVERSITY OF
BRITISH COLUMBIA
The F. W. Howay
and R. L. Reid
Collection   of   Canadiana     APPENDIX
TO THE
Revised   Statutes
OP
British  Columbia,
1871.
Containing certain repealed Colonial Laws useful for reference,
Imperial Statutes affecting British Columbia,
Proclamations, #c.
VICTORIA:
PRINTED BY RICHARD WOLFENDEN, GOVERNMENT PRINTER,
«. XT   THE   GOVERNMENT  PRINTING  OFFICE,   JAMES1   BAT.  INDEX.
A.
No.
Aliens; Proclamation respecting nattrraHzaSiion Of!  14
  to amend law relataSlg to 49 & 50
B.
British Columbia; to provide for Government of *  30
  Proclamation respecting Government of  59
  to make furtlier provision for Government of  51
  to define boundaries of '  36
British North America Act «..  45
C.
Capital, the.   See Proclamation No. 13.
  Proclamation declaring Victoria the -.  44
Companies, Joint Stock; providing for official seals «  38
Confederation.    See British North America Act.
  See Union.
Constitution" A^t, 1871; Proclamation of assent to  28
Courts Supreme ; Proclamation authorizing Judge of to do certain acts  12
Courts ; to provide for the Administration of Justice in Vancouver Island  29
  to provide for the Administration of Justice in North-West Territories 32
  Vice-Admiralty Courts Act, 1863 ,.,   34
 to amend and extend Vice-Admiralty Courts Act, 1863  46
D.
Docks, Colonial; to authorize Loans ir/aid of.  42
E.
Evidence, Documentary; to amend law relating to ? 47
H.
Hudson's Bay Company; providing for surrender of Lands of  48
L
Indians; for the regulation of Trade with  32
L.
Land ; to confirm Titles to in Vancouver Island  2
 to provide for Registration of Titles to, in Vancouver Island  3
  to amend Land Registry Act  10
——— Proclamation relating to acquisition of, 1861 4, 5, & 6
■■■           to enable Aliens to hold 1  7
——— to cure defects in Titles of Aliens to, in Vancouver Island ............... .. 8 Index.
Land; Vancouver Island Land Proclamation, 1862  9
  Proclamation to authorize the issue of Crown Grants  11
  Proclamation relating to acquisition of, 1859 -.. 13
  Proclamation relating to acquisition of, 1860  15
 Proclamation providing for sale of Public Lands by private contract ... 16
  Proclamation respecting shape of Land acquired  17
  Proclamation regulating price of country Lands  18
—J  Proclamation respecting occupation of pre-empted Land  19
 Proclamation providing for Land Registry in British Columbia  20
  Proclamation to extend provisions of Land Registry Act  22
  Pre-emption Consolidation Act, 1861  21
  Land Ordinance, 1865  23
 Pre-emption Ordinance, 1866  24
  Hudson's Bay Confirmatory Ordinance  25
  Pre-emption Payment Ordinance  26
  Proclamation of assent to Land Ordinance, 1870 ,  27
 Hudson's Bay Company's Charter  55
  Revocation of Hudson's Bay Company's Charter  58
  Reconveyance of Vancouver Island  56
  Proclamation respecting sale of Lands, Fraser River  57
Laws, Colonial ; to remove doubts as to validity of  40
Legislatures, Colonial ; to enable to repeal certain portions of Imperial Acts 31
 to enable to pass certain laws similar to Imperial Acts  33
  to confirm Acts of  37
Legislative Council; Order in Council constituting, 1863  60
—'—— Order in Council constituting, 1870  52
M.
Marriages ; to remove doubts as to validity of certain  41
s
Naval Defence; to make provision for in Colonies  39
P.
Patent Letters ; when to take effect  35
Port of Entry.   See Proclamation No. 13.
R.
Rupert's Land.   See Hudson's Bay Company.
S.
Stickeen Territories ; Order in Council for Government of.  53
U.
Union Proclamation ; Vancouver Island united to British Columbia  43
Union, Terms of  54
V.
Victoria and Esquimalt Eree Port  2 REPEALED  LAWS,
USEFUL FOR REFERENCE,
OF THE FORMERLY
SEPARATE COLONY OF VANCOUVER ISLAND.
No. 1.   (9)
Proclamation by His Excellency James Douglas, Companion Repealed by Procia-
of the most Honourable Order of the Bath, Governor and ^b0£>0/86"th No"
Commander-in-Chief of Vancouver Island and its Dependencies.
[18th January, I860.]
WHEREAS I, James Douglas, Governor of the said Colony,
have been instructed by Her Majesty's Principal Secretary
of State for the Colonies, in pursuance of a recommendation of
Her Majesty's Privy Council in that behalf, to proclaim that the
Port of Victoria, including Esquimalt Harbour, is, and from the
date hereof shall be, until otherwise determined by proper authority, a Free Port of Entry and Clearance for Ships and Goods:
Now, therefore, I, James Douglas, do hereby publish, declare,
and proclaim:—
That the Port of Victoria, including Esquimalt Harbour, is, and
shall be until otherwise determined by proper authority, a Free
Port of Entry and Clearance for Ships and Goods, save and except
• the fees now levied thereon. A. D. 1860.
[Nos. 2 & 3.]      Hudson's Bay Tides.—Land Registry.     [24 Vicat]
Repealed by
No. 161.
No. 2.   (25)
An Act to confirm certain Titles to Real Property in Vancouver Island.
[19th December, I860.]
TT7HEREAS doubts have been entertained whether the Convey-
VV ances of Real Estate in Vancouver Island and its Dependencies, heretofore executed on behalf of the Hudson's Bay
Company, under and by virtue of letters or powers of attorney
under the seal of the said Company, have, in fact, conveyed the
.legal estate to the grantees thereunder; and it is expedient to
remove such doubts:
Be it therefore enacted by the Governor on behalf of Her
Majesty, by and with the advice and consent of the Legislative
Council and House of Assembly of Vancouver Island and its Dependencies :—
That all conveyances, grants, and other assurances, heretofore
made on behalf of the Hudson's Bay Company, by James Douglas
and John "Work, and by Alexander Grant Dallas and John Work
and Dugald MacTavish, or by either or one of them, shall be
deemed and taken to have conveyed to the grantee or grantees
therein named the legal estate in the hereditaments thereby purported to have been conveyed.
This Act may be cited as the "Act for confirming Titles from
the Hudson's Bay Company, 1860."
Amended by
Appendix.
Repealed by
No. 143.
Preamble.
NO. 3.   (26)
No. 10 An Act to facilitate the Transfer of Real Estate, and to provide for the Registration of Titles.
[18th January, I860.]
^7HEREAS it is expedient to establish a Registry of Titles, and
to facilitate the Transfer of Real Estate:
Short Title.
vv
Be it enacted by His Excellency the Governor, on behalf of Her
Majesty, by and with the advice and consent of the Legislative
•Council and Assembly of Vancouver Island and its Dependencies,
and by authority of the same, as follows:—
1. This Act may be cited for all purposes as the "Land Registry
Act, I860."
9. [24 Vict.]
Lattd Registry.
[No. 3.]
2. From and after the passage of this Act, there shall be estab-      a. d. igeo.
lished in Victoria an Office for the Registration of Titles affecting .	
Real Estate in the Colony of Vancouver Island and its Dependencies, Registry.
which shall be styled the "Land Registry Office."
3. His Excellency the Governor shall, in Her Majesty's behalf, Appointment and
by Letters Patent, under the Public Seal of the Colony, appoint {^ar G^ueral. °S'
from time to time a proper person to perform the duties of the said
office, and such person shall be a Barrister or Solicitor, admitted to
practice as such in the Supreme Court of Civil Justice of Vancouver Island, and shall be styled the "Registrar General of Titles
affecting Real Estate in Vancouver Island and its Dependencies,"
and every such Registrar shall hold his office during Her Majesty's
pleasure.
4. Every Registrar to be appointed as aforesaid, shall give
security for the due performance of his duty in his office, in such
manner and to such amount as the Governor shall deem fit.
5. It shall be lawful for the Governor to assign to the Registrar
a salary not exceeding the yearly sum of Four Hundred Pounds.
6. The following oath shall be taken before the Chief Justice by Oath to be taken by
the Registrar General before entering upon the execution of his Eeglstrar General,
office:—
"I, A. B., do solemnly swear, that I will faithfully, and to the
best of my ability, execute the office and duties of Registrar
General of Titles affecting Real Estate in Vancouver Island
and its Dependencies, according to the provisions of the
'Land Registry Act, I860.'    So help me God."
And it shall not be lawful for any Registrar appointed under this
Act to practice as a Barrister or Solicitor before any Court in the
Colony during his continuance in office as Registrar.
7. It shall be lawful for the Registrar to exercise the following Authority for Regis-
powers (that is tO Say):— trar. *> *eqnire the
"    'v                       J i production   and  to
He mav require any person desiring to effect any Registration, inspect. documents
J       u . . . f°r registration   or
or cancellation of Registration, to produce any grant, certificate of cancellation of reg-
title, conveyance, bill of sale, mortgage, deed, lease, will, or any a&ntorter oat^-Tor
other instrument in his possession, or within his control, affecting require declarations,
such land or the title thereto; and he may, for the purposes of this
Act, administer oaths, or in lieu of administering an oath, may
require any person examined by him to make and subscribe a
declaration of the truth of the statement made by him in his
examination.
And, it shall further be lawful for the Registrar, upon such Further powers of
evidence as shall appear to him sufficient in that behalf, to correct c0errectaerrorseraand
errors in entries made, and supply entries omitted to be made supply omissions of
under the provisions of this Act.     Provided, always, that in the
correction of any such entry he shall not erase or render illegible
3 [No. 3.]
Land Registry.
[24 Vict.]
A. D. 1860.
Registration by applicant of a legal fee
simple in possession
in a book to be
called the' 'Absolute
FeesBook,"&c.,&c.
Registration of lesser or equitable estates •where the absolute fee is already
registered in a book
to be called the
"Charge Book" &c.
the original entry, and shall, in correcting or supplying any entry,
affix his initials thereto, and the date of such correction; and correction so made, and omission so supplied, shall have the like
validity and effect as if such error had not been made, or such
entry omitted, except as regards any registration, or filing, which
may have been entered in aDy of the Register Books previously to
to the actual time of correcting the entry, or supplying the omitted
entry.
Mode and effect of Registration.
8. Every person claiming in his own right to be the legal owner
in fee simple in possession of Real Estate, may apply to the Registrar for registration in the Form marked A. in the first Schedule
hereunto annexed, and may produce evidence to the Registrar of
his title thereto; and the Registrar shall, upon being satisfied that
a prima facie title has been established by the applicant, register
in a book to be kept for that purpose, and to be called the
"Absolute Fees Book," the name of such person in the Form
marked B. in the Schedule hereto; and shall also register in
another book, to be also kept in that behalf, [and to be called the
"Absolute Fees Parcels Book," a description of the land to which
the title relates, in the Form marked C. in the said first Schedule.
9. Every person claiming any other lesser estate than the absolute fee, or any equitable interest whatever in Real Estate (other
than a leasehold interest in possession for a term net exceeding one
year) whereof the title to the absolute fee has been registered, as
last mentioned, may apply to the Registrar for registration in the
Form marked D. in the first Schedule hereunto annexed, and may
produce to the Registrar evidence of his title to such lesser estate,
or equitable interest; and the Registrar shall, upon being satisfied
that a prima facie title has been established by the applicant, enter
in a book, to be kept, for that purpose, and to be called the
"Charge Boob," a charge in the Form marked E. in the said first
Schedule; and shall also register in another book, to be also kept
in that behalf, and to be called the " Charge Parcels Book," a
description of the land to which the charge relates, in the Form
marked F. in the said first Schedule.
The Registrar shall also enter a cross reference in the "Absolute
Fees Book" to the folio of the Charge Book in which such charge
is registered, and may also enter a charge on behalf of any person
who shall be under the disability of infancy, coverture, lunacy,
unsoundness of mind, or absence from the Colony, or on behalf of
Her Majesty, Her heirs and successors.
10. Every person obtaining, or who shall have obtained, any
mortgage, incumbrance, or judgment, upon, over, or against any
unregistered real estate, may register a charge against such unregistered real estate in a book to be kept for that purpose, and to be
4 [24 Vict.]
Land Registry.
[No. 3.]
called the "Supplemental Charge Book," such charge to be
obtained upon a like application, and to be registered in a like
manner as hereinbefore prescribed for the registration of charges
against registered absolute fees.
11. The Registrar shall, upon registration of a "charge" in manner lastly hereinbefore mentioned, register in a book to be kept for
that purpose, and to be called the "Supplemental Charge Parcels
Book," a description of the land in like manner as hereinbefore
prescribed for the registration of charges against registered absolute
fees.
12. The Registrar may effect the registration of the absolute fee,
as well at the instance of any person showing a prima facie title to
the absolute fee as aforesaid, as at the instance of the several persons who together are entitled to the complement of the absolute
fee; and where two or more are jointly interested as joint tenants
or tenants in common, the absolute fee shall be registered in their
joint names. Where two or more are interested in distinct estates
or interests, the first owner of an estate of inheritance shall be registered as the owner of the absolute fee, and the interests or estates
of the others or other, shall be registered by means of a charge or
charges.
13. If upon production of the evidence of title to the Registrar
aforesaid, it shall appear that any person or class of persons, are
entitled to any lesser or equitable estate or interest in the real estate
in respect of which registration is sought, the Registrar may, with
the concurrence of the person or persons applying for registration,
and with the concurrence of such other persons as he may require,
register the estate of the applicant or applicants, and of the other
or others entitled to such lesser or equitable estate or interest if
such estates and interests collectively make up the full complement
of the absolute fee, and if he is satisfied that the person appearing
so interested and not concurring in the application are either not
in esse or are minors, or under coverture.
14. Provided that the Registrar shall, in addition to the charge
registered by him on behalf of such person or class of persons, add
the words at the foot of such charge, " On behalf of (a person or
class of persons, as the case may be) under disabilities, as appears,
by the title or charge registered."
15. A person shall, for the purpose of this Act, be deemed the
legal owner in' fee simple in possession of real estate, notwithstanding any leasehold interest in possession subsisting therein for
a term not exceeding one year.
16. If any person shall have purchased real estate from the
Government or the Hudson's Bay Company, as grantees of Vancouver Island, and shall have paid an instalment thereon, but shall
not have received a convevance thereof, registration of the absolute
A.D. 1860.
At whose instance
the Registrar may
effect theregistration
of an absolute fee.
In   addition to the
charge so registered.
A leasehold interest
not to affect a legal
ownership in fee
simple in possession
of Real Estate. A. D. 1860.
Issue of certificates
and retention of
duplicate of the same
on registration of
absolute fee.
The person registering for any purpose
shall declare their
names and place of
abode in the form A.
Five years' registration renders registered titles indefeasible.
Priority in point of
registration givft
priority of title where
the same land is registered in favor of
two or more persons.
[No. 3.] Land Registry. [24 Vict.]
fee may be effected, in his or her name, with the concurrence of the
Surveyor General of Vancouver Island and its Dependencies, in the
capacity of agent of the said Hudson's Bay Company where such
agency existed at the time of the purchase, and the amount of the
unpaid, purchase money shall be secured by the registration of a
charge to that amount in the name of the said Surveyor General
for the time being, and the fees payable in respect of the registration of such charge shall be borne by the applicant for registration.
17. The said Surveyor General shall have power, upon the receipt
of the whole of the instalments, to give a discharge for the same,
under his hand and seal, which shall be sufficient authority for the
Registrar to enter up satisfaction for the said instalments, and to
cancel the charge.
18. The Registrar shall keep a book of certificates of absolute
fees in duplicate in the Form marked G in the said first Schedule,
and upon the registration of any absolute fee shall fill up one of the
certificates and issue the same to the person who shall have effected
registration, and shall fill up the other of the. said certificates, and
shall retain the same in the said book.
19. Every person who shall effect registration either of an absolute
fee or a charge, or shall file an "issue " or "contest," shall fill up
the Form marked H in the said first Schedule with the particulars
therein referred to, and the place in such form mentioned shall be
some place within the Colony of Vancouver Island.
20. Every person, whether the original applicant for registration
or the grantee under a duly registered train of transfers, who shall
continue registered as the owner of an absolute fee without any
issue remaining registered and unsatisfied against the same, as
hereinafter mentioned, for the space of five years, shall, subject to
the rights of any person who shall have registered a charge against
the same, hold the real estate in respect of which he is so registered
for an absolute and indefeasible estate of fee simple against all the
world, other than a tenant in possession under a term not exceeding
one year.
21. Provided, always, that when the names of two or more persons appear ou the register as sole owners of an absolute.fee in the
same land, the person who, either as the person originally registering, or by a regular train of duly registered transfers, first
completes the aforesaid term of five years of registration without
any issue remaining unsatisfied against the land in respect of which
he appears, such registered owner of the absolute fee, shall, subject
to any rights existing by virtue of any charge, hold the real estate
in respect of which he is so registered, for an absolute and indefeasible estate in fee simple, as well against the other registered
title to the same land as against every person claiming against the [24 Vict.]
Land Registry.
[No. 3.]
absolute fee, other than such tenant, for less than one year as aforesaid.
A. D. 1860.
22. Every person, whether the person originally registering a Five years'   regis-
charge, or the transferree of such charge, under a duly registered tratl0n °[ * charge
° ' ° ' J       ° renders the interests
train of transfers, who shall continue registered as the owner of thereunder indefeas-
such charge for the space of five years without an issue remaining
unsatisfied against the same, shall, subject to the rights of any person who shall have registered a charge against such charge, be
deemed absolutely and indefeasibly entitled to the interest in
respect of which such charge shall have been registered: Provided
that nothing herein contained shall render any charge registered in
the "Supplemental Charge Book" absolute or indefeasible.
23. "When two or more charges appear entered on the register, priority of time be-
afiecting the same land, the charges shall, as between themselves, t^een charges cre-
, .     . ,. ,       , , .  ,      , . ates priority of title.
have priority according to the dates at which the applications
respectively were made, and not according to the dates of the
creation of the estates or interests.
24. No purchaser for valuable consideration of any registered No   purchaser  for
real estate, or registered interest in real estate, shall be affected by 7alue t0 be ?ffecte<i
. . . "7   snv notice not
any notice express, implied, or constructive of any unregistered appetriig   on   the
title, interest, or disposition affecting such real estate, other than a   esister-
leasehold interest in possession for a term not exceeding one year,
any rule of law or equity notwithstanding.
25. The registration of a charge shall give notice to every person Notice conveyed by
dealing with the real estate against which such charge has been cliarse-
registered, of the estate or interest in respect of which such charge
has been registered.
26. Any person, before an absolute fee becomes indefeasible, Mode of setting aside
under the provisions of this Act, may set aside the same, either registered titles.
partially or entirely, by filing an " issue" in the Form in the said
first Schedule marked I, and by obtaining a decree, or taking such
steps in that behalf, as are hereinafter prescribed.
27. Any person "being a registered owner of an absolute fee Mode of setting aside
against which a charge may have been registered, mav, before the registered   charges
.    , -,        i • • n      •    by tl>e owner of an
same charge has become indefeasible, under the provisions of this absolute fee.
Act, set the same aside by filing notice of "contest" and by obtaining a decree, or by taking such other steps as are hereinafter prescribed.
28. Any person other than a registered owner of an absolute fee Modeofsettingaside
seeking to set aside, either partially or entirely, any registered registered   charges
i t i      nv • .i       « i"   n  -r   •     .i     hy a°y person  not
charge, may do so by filing an issue in the form marked J. in the the owner   of an
said First Schedule. absolute fee.
29. The Registrar shall endorse a memorandum of every "issue"
or notice of "contest" filed against the estate or interest of any
registered owner, on the page of the "absolute fee book" or [No. 3.]
Land Registry.
[24 Vict.'
A. D. 1860.
Endorsements by
Registrar on the instruments of title.
Saving of the powers
of Guardians and
Committees.
Any registered owner
may try the validity
of any charge or
issue by giving
notice of contest to
the Registrar.
Registrar after receiving notice of
contest to make the
adverse party bring
the question to immediate trial.
The person called
upon to try the
question to give security for costs and
speedy trial.
"charge book," as the case may be, in which such estate or interest
is registered.
30. The husband of any female registered owner of an absolute)
fee shall be entitled to be registered as co-owner with his wife, butl
he shall be described on the register as co-owner in right of hisi
wife, and on his death the original registry of the wife, with a.
change, if necessary, in the name, shall revive and confer the same
rights as if the husband had never been registered as co-owner with
her.
31. Where the absolute fee in real estate is registered in the
joint names of husband and wife no dealings with such real estate
shall take place until the wife has been examined before the Chief
Justice, apart from her husband, and has assented to such dealings
after full explanation of her rights in the said real estate, and the
effect of the proposed dealing.
32. Whenever registration of an absolute fee or of a charge shall
be applied for, the Registrar shall, upon effecting such registration,
endorse upon the instrument, or instruments (if any) produced as
evidence of the right upon which such application is founded, a
memorandum, in the form marked K. in the said First Schedule.
33. Save as aforesaid, the powers and authorities of the guardian
of any minor, or committee of any lunatic or person of unsound
mind, shall in nowise be altered or abridged in consequence of any
registration. \
Contest.
34. Any person who is duly registered in respect of any interest
in land, whether as owner of au absolute fee or by means of a
charge against which interest a charge or issue respectively shall
have been registered or filed, may give notice of contest to the
Registrar, in the form marked L. in the Schedule to this Act
annexed.
85. The Registrar shall, within twenty-one days after receiving
the said notice of contest or issue as aforesaid, by a letter under his
hand, directed to the address mentioned in the application for
registration of the charge or issue, and by an advertisement in the
Government Gazette, call upon the person in whose name the said
charge or issue is registered or filed, to file a bill or bring an action
as the • case may require, within a period of not more than two
months, to be stated in such letter and advertisement respectively,
in order to determine the right asserted by the person who shall
have registered such charge or issue.
36. The person so called upon to file such bill or bring such
action shall, within the time specified, give to the Registrar satisfactory security to such amount, not exceeding <£100, as the Registrar may think fit, for the payment of the costs (if any) to the oppo- [24 Vict.]
La?td Registry.
[No. 3.]
site party; occasioned by such bill or action, and for the speedy and      A.D. 1860.
expeditious trial of the same.    A time shall be specified for the 	
commencement of such action or filing such bill by the Registrar,
in the instrument affecting such security, and in default thereof the
person giving notice may apply to the Registrar, at the expiry of
the specified time aforesaid, in the form marked M. in the said
First Schedule, that the charge or issue may be cancelled, or taken
off the file of the register, or such other order made as the justice
of the case may require.
37. Any charge or issue may be registered or filed, as well in Charges and issues
respect of a present and vested right as of a future or contingent may,be /Jfd in re*
x- o s        spect of future m-
lnterest.
terests
38. Every person who shall have registered or filed a charge or Questions may be
issue in respect of which notice of contest has been given, as above tried.'- altho'?s]l the
x o ? question at issue is
mentioned, may try the question raised by such contest notwith- of an executory or
standing that the interests in respect of which such charge or issue con mgen
shall have been registered or filed are of a contingent or executory
nature, any rule of law or equity notwithstanding;  and the Chief
Justice is hereby empowered to make such decree, and to limit the
same to a mere declaration of right, if necessary, or to order the
Registrar to do such act as the nature of the case may require.
39. A list of the original registrations of absolute fees, transfers Publication of lists
of the same, original charges, transfers thereof, and original issues °hargesS1S transfers
shall be, from time to time, as the same are registered and filed and issues,
respectively, publicly exhibited on the walls of the Office of the
Registrar, for the space of six months next after registration and
filing.
40. When any charge, notice of contest, or issue has been satis- Cancellation of sat-
fied,^discharged, or vacated, the Registrar shall, upon satisfactory !^dg_charges and
proof being given of the same, cancel the entry of such charge,
notice of contest, or issue, by writing across the entry thereof the
words "cancelled, the day of ," and shall enter a memorandum of such cancellation, and Of the particulars thereof, in a
book to be called the "Satisfaction Book," to be.kept for that
purpose.
41. Such memorandum as aforesaid shall be in the Form marked Memorandum of can-
N. in the said first Schedule, and upon such cancellation and entry ce latl0n*
being made the interest in respect of which such charge shall have
been registered shall, as against all persons purchasing for value,
the interest against which such charge or issue shall have been
registered or filed, be deemed to be discharged; and in those cases
where a reconveyance would have been otherwise necessary, such
memorandum shall operate as a reconveyance, and the charge or
issue respectively shall no longer affect, as against such purchase)
the land in respect of which such charge or issue was registered o
filed, and such charge or issue shall not affect the interest of the
9 A. D. 1860.
Persons claiming to
be entitled to any
lesser interest to obtain an order for
registration from
Court.
"Lis Pendens "may
be registered.
Persons claiming to
be entitled to absolute fee to petition
for registration of
estate and the Court
to make order thereon and regulate security therefor.
The Chief Justice to
make orders in
certain cases, and on
such terms, and requiring such security, as he may
think proper.
Registrations under
order to have no
other effect than in
ordinary cases.
Mode of transferring
absolute fees.
[No. 3.] Land Registry. [24 Vict.]
person against which the same was originally registered- or filed,
after the expiry of five years from such discharge, except in the
case of fraud, hereinafter mentioned.
42. Any person claiming to be entitled to the absolute fee, and
any person claiming to be entitled to any lesser equitable or other
estate whatever, whether vested or contingent, under any will, or
by virtue of a descent or devolution in law, in any real estate in
respect of which registration has been effected, may present a
petition to the Chief Justice in a summary way, praying that the
Registrar may be ordered to make a transfer, or file a charge, as
the nature of the case may require.
43. Any person or persons may register lis pendens against any
absolute fee or lesser or equitable estate by means of a charge.
44. Any person entitled to an absolute fee under or by virtue of
any will, or by virtue of any descent or other devolution in law, in
any unregistered real estate, may present a petition also in a summary way to the Chief Justice, praying that the Registrar be
ordered to effect registration of the same estate.
45. The Chief Justice may, in any of the cases mentioned in the
two preceding sections, upon such evidence as may be deemed
satisfactory, make such order as shall be just, and may make such
order on such terms, and may require such security, as he may
think proper.
46. All registrations of the absolute fee and charges made in
pursuance of any such order as aforesaid shall stand in precisely
the same position, and shall have such force and no other, as registrations of the absolute fee and charges made under the ordinary
provisions of this Act.
Transfer of Estate.
47. Every person registered in the Form marked B. in the said
first Schedule, may transfer the real estate mentioned therein, or
any part thereof, by deed in the usual way, or in either of the
Forms marked 0. and P. in the said first Schedule; and the Registrar, upon the receipt of the former certificate^of the absolute fee,
may grant registration of the absolute fee to such transferee in the
Form marked B. in the said first Schedule, and issue a new certificate to such transferee, and when necessary, a new certificate or
certificates to the transferror or transferrors, in manner aforesaid.
And upon such registration the transfer shall confer upon the
person to whom the same is made an absolute fee in the land transferred, defeasible however as aforesaid, and subject ako to the
rights existing against any such estate by virtue of any charge or
issue appearing on the register at the time of such transfer, and
also to any unregistered leasehold interest in possession for a term
not exceeding one year, as aforesaid.
10 [24 Vict.]
Land Registry.
[No. 3.]
Mode of transferring
interests      under
charges.
Effect of transfers.
48. Every person in whose behalf a charge is registered, other a. D. 1860.
than a charge registered in the "Supplemental Charge Book," may
transfer his interest, or any part thereof, in the real estate mentioned therein, or any part thereof by deed in the usual way, and
may also transfer his entire interest in the real estate mentioned
therein in either of the Forms- Q. and R. in the said first Schedule.
49. The transfer of the entirety shall, when made, upon registry
thereof, confer upon the person to whom the same is made such
interest as the transferror then had, defeasible however as aforesaid,
and subject also to the rights existing against any such interest by
virtue of any charge or issue appearing on the register at the time
of such transfer, and subject also to any leasehold interest in possession for a term not exceeding one year. .
50. Every transfer, in the said Form marked Q., shall pass to the Transfer of charge,
transferee and his heirs and assigns all the estate and interest of
the transferror, whether legal or equitable, defeasible however as
aforesaid, and subject also "to any registered charge, or issue filed,
or leasehold interest in possession for a term not exceeding one
year, and the full and entire benefit of all covenants and agreements
in respect of, and all powers, provisoes, and conditions of entry, 1
sale, or leasing (if any) over the real estate, the subject matter of
the transfer, to which the transferror was entitled at the time of
such transfer; and if the estate or interest so transferred is that of
a mortgagee, such transfer shall also confer upon the transferee,
his executors, administrators, and registered assigns the full benefit
of and right to sue upon any covenant for payment of the mortgage
moneys and the interest thereupon.
51. Every transfer, in the said Form marked R., shall pass to the
transferee, his executors, administrators, and assigns all the estate
and interest of the transferror, whether legal or equitable, defeasible however as aforesaid, and subject also to any registered charge
or issue filed, or leasehold interest for a term not exceeding one
year, and shall also pass the full and entire benefit of all covenants
and agreements in respect of, and all powers, provisoes, and condu
tions of entry, sale, or leasing (if any) over the real estate, the
subject matter of the transfer, to which the transferror was entitled
at the time of such transfer; and if the estate or interest so transferred is that of a mortgagee, such transfer shall also confer upon
the transferee, his executors, administrators, and registered assigns
the full benefit of and right to sue upon any covenant for payment
of the mortgage moneys and interest thereupon.
Transfer of charge,
chattle, interest.
Bower of Attorney.
52. When any application is made by any person empowered to
act under a power of attorney, the Registrar shall require the production of the said power, and if executed out of the Colony a
certificate notarial, magisterial, or judicial, as the case may require,
11
Formalities to be
pursued when application is made under
aPower of Attorney. [No. 3.]
Land Registry.
[24 Vict.]
A. D. 1860.
An act not to be invalidated by reason
of death of donor.
Judgment    creditor
may enter a charge.
No judgment to af-
fectreal estate unless
a charge in respect
thereof shall have
been entered.
Registrar may take
the opinion of Court.
verifying its authenticity; and the Registrar shall require from the
donor an>examined copy of the power, and its verification, if any,
and shall file the same, and make such further requisitions as he
may think necessary to verify the execution of the donor of the
power, the identity of the attorney, and the present validity of the
power.
53. No registration, transfer, charge, Ssue, contest, or other
dealing done or effected under or by virtue of a power of attorney
shall, as against a purchaser for value, be prejudiced or set aside
by reason of the person by whom the power was given dying, revoking the power, becoming bankrupt or insolvent, or if a female,
becoming married before doing or effecting such registration,
transfer, charge, issue, or contest, unless notice in writing of such
death, revocation, bankruptcy, insolvency, or marriage shall have
been received by the said Registrar previous to the doing or effecting of such registration, transfer, charge, issue, contest, or other
dealing.
Deposit of Map.
54. It shall be lawful for any registered owner of an absolute fee,
who may subdivide any land for the purpose of selling the same in
allotments, to deposit with the Registrar a map of such allotments,
and the title deeds to the land subdivided; provided, that such
map shall exhibit, distinctly delineated, all roads, streets, passages,
thoroughfares, squares, or reserves appropriated or set apart for
public use, and also all allotments into which the said land
may be divided, marked with distinct numbers or symbols.
55. The Registrar shall keep an index of maps deposited as
aforesaid, specifying the name of the depositor, the date of deposit,
and referring to the page or pages of the Absolute Fees Parcels
Book, in which the real estate mapped is described, and shall note:
the page of the index on the map itself.
56. Every person in whose favour a judgment has been entered,
may enter a charge against any registered absolute fee or other
interest of the judgment debtor.
57. No judgment shall affect any real estate in respect of which
registration has been effected, unless and until the person- entitled
to the same registers a charge with the Registrar in respect of such
judgment, any notice of any such judgment in any wise notwithstanding.
58. Whenever, in the opinion of the Registrar, from any special
circumstances in the case, it is desirable that an application be
heard and decided by the Court, the Registrar may notify the same
to the applicant in writing, and the applicant is hereby authorized,,
upon the receipt of such notification, to petition the Chief Justice
aforesaid, in a summary way, to order that the application be
12 [24 Vict.]
Land Registry.
[No. 3.]
granted, and such order shall be made in the premises as the circumstances of the case may require, and the costs of the applicant
in and of and attendant upon such application shall be borne by
the applicant.
59. The Court may, upon the application by petition of any
person interested in any real estate registered under this Act, issue
an order inhibiting any dealing with such real estate, and annex
thereto any terms and conditions it may think fit, and generally
make such orders as the justice of the case may require.
60. J£ any person shall register a charge or file an issue, and, after
being called on, fail to prosecute his rights, in the time prescribed
by the Registrar, such charge or issue shall be cancelled by the
Registrar, but without prejudice to a new charge or issue.
61. If any person shall register a charge or file an issue, without
reasonable cause, or shall fail to prosecute the same as aforesaid, he
shall be liable to make compensation to any person who may have
sustained damage by such registration or filing.
62. Such compensation as aforesaid shall be recoverable immediately after the cancellation of the charge or removal from the file
of the issue, and such compensation may be awarded by judgment
or decree at the trial or hearing of the right asserted by such charge
or issue in those cases where the right is tried.
63. The service of any duly authenticated order, decree, rule,
judgment, or any other proceeding, touching the registration of
real estate, upon the Registrar, shall, without, more, be sufficient
authority for him to act in compliance therewith.
Inspection of Register.
64. Any person may inspect the Register on payment of a fee for
inspection.
65. No application to be placed on the Register shall be made,
and no charge or issue shall be filed or registered, except by the
party in person claiming registration, or claiming to register or file
such charge or issue, or by some Barrister, Solicitor, or Attorney
of the Court.
Seal.
66. The Registrar shall have an official seal.
67. The Registrar shall impress the seal on every paper, writing,
or instrument issued by him officially.
68. Any paper, writing, or instrument purporting to be signed
and sealed with the seal of the Registrar, shall prima facie be admissible in evidence, without proof of such signing and sealing.
Indices.
69. The Registrar shall keep separate indices of the " Absolute
Fees Book," "Charge Book," "Supplemental Charge Book," and
18
A. D. 1860.
Power of the Court
to restrain registration.
Registrar may cancel    charges    and
issues, i
Penalties of filing a
charge orissue with-.
out sufficient cause.
Compensation   how
to be recovered.
Service of order, &c.
Persons entitled to
apply for registration
and transfer.
Official Seal.
Power to use Seal.
Evidence of proceedings of Office. [No. 3.]
Land Registry.
[24 Vict.]
A.D. 1860.
"Satisfaction Book," arranging in alphabetical order the names of
the persons on whose behalf absolute fees and charges shall have
been registered and on whose behalf cancellation shall have been
made, and a reference shall be made opposite each name to each
page in the " Absolute Fees Book," " Charge Book," " Supplemental Charge Book," and " Satisfaction Book," in which an entry
appears affecting the estate or interest of each person.
70. The Registrar shall also keep an alphabetical list of the
names of all persons against whose estates or interests an issue or
notice of contest may have been filed.
71. The Registrar shall also keep an alphabetical list of all persons by whom powers of attorney have been given, and shall
endorse a memorandum of revocation opposite the entry of every
power of attorney whereof he has received notice of revocation.
Regulations.
72. The Registrar may, from time to time, make such rules and
orders, forms, and directions for carrying out the purposes of this
Act as may be necessary, and may cause the same to be printed,
provided that all such rules and orders to be made by the Registrar
under this Act, shall be submitted to the Chief Justice. And no
such rules and orders shall take effect until the same have been
approved by the Chief Justice ; and a copy thereof shall be made
and affixed to the walls of the Registrar's office, for the information
of the public.
73. All such rules, orders, forms, • and directions shall be laid
before the Legislature within seven days after the same have been
approved of as aforesaid, if the Legislature be sitting, but if the
Legislature be not sitting, then within seven days after the next
meeting thereof.
74. Any person dissatisfied with any decision or act of the Regis-
fied may obtain a trar may obtain a rule from the Court for the Registrar to show
rule to show cause \ °
cause why he should not do or omit the thing complained of; but
in every instance the costs shall be borne by the person applying
for such rule, unless he shall satisfy the Chief Justice that the
conduct of the Registrar arose from malicious or interested motives
or gross negligence.
75. The Registrar individually shall not, save as aforesaid, nor
shall any person acting under his authority, be liable to any action,
suit, or proceeding for or in respect of any act or matter bona fide
done or omitted to be done in the exercise or supposed exercise of
the powers of this Act.
Forgery.
76. If any person wilfully make any false declaration, or fraudulently procure, or assist in fraudulently procuring, or be privy to
14
Rules to be laid before Legislature.
Any person di§satis-
against.
No personal liability
of Registrar.
Penalty of Forgery. [24 Vict.]
Land Registry.
[No. 3.]
the fraudulent procurement of any order or rule of the Court, or of
any fraudulent entry on the Register, or any alteration or erasure
of such entry, he shall be guilty of a misdemeanor, and any order
or rule procured by fraud, and any act consequent on such order,
and any entry, alteration, or erasure so made by fraud shall be void
as between all parties or privies to such fraud.
77. No proceedings or conviction for any act hereby declared to
be a misdemeanor, shall affect any remedy which any person
aggrieved by such act, may be entitled to either at law or in equity
against the person who has committed such act.
78. If any person forge, or procure to be forged, or assist in
forging the seal of the Registrar's Office, or the hand writing of
any Officer therein, he shall be guilty of felony.
79. Nothing in this Act shall entitle any person to refuse to make
a complete discovery by answer to bill in equity or to answer any
question or interrogatory in any civil proceeding in any Court of
Civil Judicature, but to answer to any such bill, question, or interrogatory, shall be admissible against any such person, in- evidence,
in any criminal proceeding.
80. The fees mentionedin the second Schedule hereunto annexed,
shall be taken by the Registrar, and paid once a month into the
Treasury of the Colony to and for the use of Her Majesty, Her
heirs and successors. Provided always that it shall be lawful for
His Excellency the Governor, from time to time to direct that the
fees which shall be received under the authority of this Act, shall
be applied under such regulations as he shall appoint in payment
of the current or incidental expenses of the said Land Registry
Office or any of them.
81. The Registrar shall, for the purpose of fixing the amount of
the percentage to be paid under the provisions of this Act, require
the person applying for registration to declare to the best of his
knowledge, in writing, the true value of the interest in respect of
which registration is sought, and such valuation shall in the cases
hereinafter specified, be ascertained as follows:—
82. When an absolute fee is sold, and the transfer registered, by
the actual price bona fide paid.
83. When a mortgage is registered, by the amount secured.
84. An account shall be kept by the Registrar of the fees received
under the authority of this Act, and of the expenses paid thereout
as aforesaid, and such account shall be transmitted once a month
to the Colonial Secretary, for the information of the Governor.
85. In the construction of this Act the following words and
expressions shall have the meanings hereby assigned to them, unless such meanings be repugnant to  or inconsistent with the
context (that is to say):—
15
A.D. 1860.
Criminal proceedings not to affect
civil rights.
Forging seal or signature of Registrar.
Criminal     liability I
not to  protect any
person against giving eVidence. .
Fees.
Provision for fixing
the amount of percentage to be paid.
As regard absolute
fees.
Interpretation   of
terms. [No. 3.]
Band Registry.
[24 Vict.]
A.D. 1860. The word "Court" shall mean the Supreme Court of Civil
  Justice of Vancouver Island;
The expression "Chief Justice" shall mean the Chief Justice of
the said Court;
The expression "Absolute Fees" shall mean and comprise the
legal ownership in possession of an estate in fee simple;
The word "Charge" shall mean any lesser estate than a fee
simple in possession, or any equitable interest whatever in
real estate;
The word "Judgment" shall mean every Decree or Order of any
Court of Equity, and every Judgment or Order of any Court
of Common Law whereby any sum of money, whether
principal money or costs, is payable to any person or persons
in virtue thereof;
The word "Person," and words applying to any person or individual, shall apply to and include Corporations;
The word "Registrar" shall mean the Registrar General of Titles-
affecting Real Estate in Vancouver Island and its Dependencies;
The word "Governor," and the expression "His Excellency the
Governor," shall mean the Governor of the Colony or any
other Officer administering the Government of the Colony
in  Her Majesty's behalf for the time being;
And the expression "Real Estate; shall extend to and mean
lands, messuages, mines, and all other hereditaments whatsoever.
86. After the first appointment of a Registrar under this Act,
the Registrar shall, with all convenient speed, procure such books
and indices, and frame such forms and directions, and such rules
and orders as may be necessary for the due execution of this Act,
and for the regulation and management of the "Land Registry
Office;" and, generally, for regulating all other matters and things
whatsoever connected therewith, and not hereinbefore specially
provided for; and as soon thereafter as may be convenient, it shall
be lawful for the Registrar, with the consent of the Chief Justice,
by notice published in one or more of the newspapers of the Colony,
to appoint a time, not earlier than one calendar month from the
time of the publication of such notice, when registrations under
this Act shall commence, and the time so appointed shall be the
time of the commencement of registration under this Act.
16 [24 Vict.]
Land Registry.
[No. 3.]
A. D, 1860.
SCHEDULE.
Form A.
No.
I, , declare that I am the legal owner in my own
right in fee simple in possession of the Heal Estate hereunder described, and
I claim to be registered accordingly. The particulars of the said claim appear
in the instruments specified in the schedule hereto.
Dessription of Real Estate.
District.
Block.
Section.
Acreage.
•
If a Town Lot.
Town.
Block.
Lot.
Admeasurements.
Further Description.
Schedule or Instruments.
Date.
Parties.
Character of Deed.
17 A. D. 1850.
[No. 3.]
No.
Land Registry.
Form B.
[24 Vict.]
Name of
Applicant.
Parcels (Short
Description.)
Date of
Application.
Date of
Registration.
List of
Instruments.
The Parcels are those described in "Absolute Fee Parcel Book," folio —
Form C.
No.
Polio of "Absolute Pees Book," —
Name of Applicant
District.
Block.
Section.
Acreage.
If a Town Lot.
Town.
Block.
Lot.
Or otherwise, as the case may be.
Further Description.
A dm easurem ent.
18 [24 Vict.]
Land Registry.
Form D.
[No. 3.]
No.
I, , declare that I am entitled to mortgage for
five hundred dollars, estate for life, remainder in fee after the death of William
Johnstone, of &c, &c, [according to circumstances, upon, in, over] the real
estate hereunder described, and I claim registration of a charge accordingly.
The particulars of my said claim appear in the instruments specified in the
schedule hereto.
Description of Real Estate.
The absolute fee is registered at folio — of the "Absolute Pees Book," in
the name of
(This statement will be omitted where the application is made under
Section —.)
District.
Town.
Block.
Section.
Ir a Town Lot.
Block.
Lot.
Further Description.
Acreage.
Admeasurements.
A. D. 1860.
Schedule of Instruments.
Date.
Character of Deed.
19 A. D. 1860.
[No. 3.]
Land Registry.
Form E.
[24 Vict.]
No.
(Folio of Absolute Fee Book.)
Charge.
Parcels.
(Short Description.)
Date of
Application.
Date of
^Registration.
Nature of
List of
Instruments.
•
The Parcels are those described in the " Charges Parcels Book," folio —
Form F.
No.
Folio of Charges Booh
District.
Block.
Section.
Acreage.
•
Ie a Town Lot.
Town.
Block.
Lot.
Or otherwise, as the case may be.
Further Description.
Admeasurement.
20 4
[24 Vict.]                          Land Registry.                            [No. 3.]
Form G.                                                     AD. 1860.
: No.
Certificate of Tide.
Name of Owner.
Page of
Absolute
Fees Book.
Page of Absolute Fees
Parcel Book.
Date of
Application.
Date of
Registration.
List of
Instruments.
;
•
year, month,
day.   hour.
(Signed)
Registrar General.
~*
No.
Form H..
I declare that my full christian and surnames are
and I appoint
processes may be served upon me.
to be the place where all notices and
No.
Form I.
Issue on Absolute Fee.
H
I, , of , take issue on the
Registration effected by , of , folio
of the Absolute Fees Book, as to (the whole or) the following part of the Real
Estate in respect of which Registration has been so effected, namely:—
No.
Form J.
. Issue on a Charge.
,of
,of
, take issue on the
folio
1
Registration effected by
of the Charge Book, and I say the same is improper as to (the whole or)
of such Registration.
21 A. D. 1860.
[No. 3.]
No.
Land Registry. [24 Vict.]
Form E.
Registered (Charge, or Absolute Fees Book, as the case may be) folio —
Date of Application.
Registration.
Name of Applicant.
Day.            Hour.
Day.            Hour.
•
A.B.,
Registrar.
Form L,
No.
I, , of , file this notice of contest
against an issue filed by , of folio
of the Issue Book, and I say the same is improper as to (the whole or )
of such Registration.
Form M.
No.
I, , of , have filed a notice of contest,
folio of the Contest Book, and crave that the (charge or issue, as the case
may be) may be (cancelled, or taken off the file, as the case may be).
Form N.
No.
(Charge, contest, or issue, as the case may be).   Folio       of the
Book, satisfied, and the particulars of such satisfaction are as follows:
22 [24 Vict.]
Land Registry.
Form O.
[No. 3.]
No.
I, or We,
in consideration of
all that piece or parcel of land,
thereon, situate
of
, do hereby grant unto
together with the messuages and erections
andjjbeing (parcel, or as the ease may be) the Real Estate described at folio
of the Book of Descriptions of the Real Estate registered for an Absolute Fee,
and which said Real Estate is registered in the Book of Registration of
Absolute Fees, folio , To have and to hold the same unto and to the use
of the said • heirs and assigns for ever.
In witness whereof, I have hereunto set my hand and seal this
day of
Signed and sealed by the above-named "\
in the presence of >        [i. s.]
the day of )
A. D. 1860.
Form P.
No.
I, or We, , of ,
in consideration of , do hereby grant unto
all that piece or parcel of land, together with the messuages and erections
thereon, situate
and being (parcel of, as the case may be) the Real Estate described at folio
of the Book of Descriptions of the Real Estate registered for an Absolute Fee,
and which said Real Estate is registered in the Book  of Registration  of
Absolute Pees, folio       .   To have and to hold the same unto and to the use
of the said heirs and assigns for ever.
And do hereby for
heirs, executors, and administrators, covenant with the said
and heirs, that have good right and title to convey the said
hereditaments free from incumbrances, and that
heirs, executors, and administrators will at all times hereafter, at the reasonable
request and cost of the said
heirs and assigns, do all such reasonable acts and deeds as may be required of
heirs and assigns by the said
heirs or assigns, for the further or better assuring the said hereditament in
manner aforesaid.
In witness whereof, I have hereunto set my hand and seal this
day of
Signed and sealed by the above-named
in the presence of
the day of
[L. S.]
23 [No. 3.] Land Registry. [24 Vict.]
A. D. 1860. Form Q.
Folio , Book
I of , in consideration
of paid to me by of
the receipt of which sum I do hereby acknowledge, hereby transfer to him,
his heirs and assigns, the estate or interest in respect of which I am registered,
together with all my rights, powers, estate, and interest therein.
In witness' whereof, I have hereunto set my hand and seal, this
• day of , in the year one thousand eight hundred and
Signed and sealed by the said j      1
in the presence of J
[L. S.]
, in consideration \
Form R.
Folio , Book
| of
of paid to me by of
the receipt of which sum I do hereby acknowledge, hereby transfer to him,
| his executors, administrators, and assigns, the estate or interest in respect of j
which I am registered, together with all my rights, powers, estate, and interest
therein.
In witness whereof, I have hereunto set my hand and seal, this
day of , in the year one thousand eight hundred and
Signed and sealed by the said .
in the presence of
}    fiia
SECOND SCHEDULE.
£  s.  d.
Inspection  0   2    1
Application Registration t  0   2    1
Registration of any Original Absolute Fee   0   4   2
And one-fifth of one per cent, on the value of the Real Estate.
Registration of any Charge  0   2   1
And one-tenth of one per cent, on the value of the interest covered
by the charge.
For every Transfer of an Absolute Fee \  0    2    1
And one-fifth of one per cent   on the value of the Real Estate
transferred.
24 [24 Vict.] Land Pre-emption. [No. 4.]
Every Certificate of Title  0 2    1
Filing any Issue  0 8   4
Filing any Contest  0 2    1
Sealing any Document  0 10
Cancellation of any Charge or Issue  0 4   2
Filing any Document, other than an Issue or Contest  0 2   1
Every Notice sent by the Registrar  0 2    1
Every Deposit of a Map and Title Deed  2 0   0
A.D 1860.
No. 4.   (27)
Proclamation by His Excellency James Douglas, Companion
of the most Honourable Order of the Bath, Governor and
Commander-in-Chief of Vancouver Island and its Dependencies, Vice-Admiral of the same, &c, &c, &c.
[19th February, 1861.]
TI7HEREAS, I have been empowered by Her Majesty's Govern-
»>   ment to fix the upset price of Countiy Lands within the
Colony of Vancouver Island and its Dependencies, at four shillings
and two pence per acre:
And whereas I have been authorized as aforesaid to take such
steps as may tend to promote the settlement of Country Land in
the said Colony:
And whereas it is expedient to make public the method by which
bona fide settlers may acquire the same land:
Be it therefore known unto all men:—
1. That the upset price of all Country Land in Vancouver Island
shall be from heneeforth four shillings and two pence per acre.
2. That from and after the date hereof, male British Subjects,
and aliens who shall take the oath of allegiance before the Chief
Justice of Vancouver Island, above the age of eighteen years, may
Ipre-empt unsold Crown Lands in the Districts of Victoria, Esquimalt, Metchosin, the Highlands, Sooke, North and South Saanich,
ISalt Spring Island, Sallas Island and Chemainus, (not being an
Indian Reserve or Settlement), of the area and under the con-
Iditions following:—
A single man, one hundred and fifty acres;
A married man,  whose wife is resident in the  Colony, two
hundred acres;
For each of his children, under the age of eighteen years, resident
in the said Colony, .an additional ten acres.
25
A.D. 1861.
Repealed by
No. 9, Appendix.
Preamble.
All Country Land to
be sold at 4s. 2d. per
acre.
British subjects may
enter upon and occupy land, not being
otherwise reserved,
in certain quantities
and in certain districts. [No. 4.]
Land Pre-emption.
[24 Vict.]
A.D. 1861.
Pre-emptor, before
recording his claim,
to take the oath of
allegiance if a British subject who has
become subject to
some other nation.
Pre-emptorto record
his claim immediately on occupation.
Fee.
Regulating the form
of claims.
Mode of recording
claims in surveyed
lands.
Payment.
Certificate of Improvement to be
granted after two
years occupation
and 10s. per acre
improvement.
3. All British subjects, who shall be desirous of pre-empting, and
who may, at the time of record, have taken the oath of allegiance
to, or become the subject or citizen of any Foreign Sovereign, State, J
or Nation, shall, as a condition precedent to recording their claims, .
fake the oath of allegiance in manner aforesaid.
4. Immediately after occupation, the pre-emptor shall record his
claim at the office of the Surveyor General at Victoria; paying for
such record the sum of eight shillings and four pence.
5. The land selected, if unsurveyed, shall be of a rectangular
form, and the shortest side of the said rectangle shall be two-fifths^
the length of the longest side;  and the boundaries of such land
shall also run as nearly as possible by the cardinal points of the
compass.
6. "Where the land sought to be acquired is unsurveyed, and is
in whole or in part bounded by rocks, mountains, lakes, swamps,
the margin of a river, or the sea coast, or other natural boundaries,
then such natural boundaries may be adopted as the boundaries of -
the land selected.
7. The claimant shall, if the laud is unsurveyed, give the best
possible description thereof in writing to the Surveyor General, at
the time of record, with a map thereof, and shall identify the land
by placing a post at each corner and by stating in his description
any other land marks which may be of a noticeable character.
• 8. If the land however be surveyed, the" claimant shall give
the description aforesaid by identification with the land marks laid
down by the Government Survey.
9. The claimant shall, if the land be unsurveyed, pay into the
Land Office at Victoria, the sum of four shillings and two pence
per acre for the same as soon as the land is included within the
Government Survey; if the land be surveyed, he shall pay into the
said Land Office the sum of four shillings and two pence per acre
by three instalments, viz: one shilling and one penny per acre '
within one year from the said day of record; one shilling and one.
penny per acre within two ye"ars from the said day of record, and
two shillings within three years from the said day; and any default
in any of the payments aforesaid, shall cause a forfeiture of the preemption claim, and of the instalments (if any) paid up.
10. When the pre-emptor, his heirs or devisees, shall prove to the
Surveyor General by the satisfactory evidence of third parties, that
he has, or they have, continued in permanent occupation of the
claim for two years from the date of record, and has or have made
permanent improvements thereon, to the value of two shillings per
acre, the said Surveyor General shall issue to him, or them, a Certificate of Improvement, in the form marked A in the Schedule
hereto.
26 [24 Vict.]
Laiid Pre-emption.
[No. 4.]
11. Hpon the grant of the Certificate of Improvement aforesaid,      a. jx 1861.
the person to whom the same is issued mav, subiect to any unpaid 	
, ■,, , , ■,      ,   . ~     f. ,   Holder of Certificate
instalments, sell, mortgage, or lease the land, in respect of which of Improvement may
such  Certificate has been issued; but until the entirety of the sell> lease> or mort"
. gage.
purchase money of the said land has been paid, no sale, mortgage,
or lease of the said land shall be valid, unless a Certificate of Improvement as aforesaid has been issued in respect thereof.
12. Hpon the payment of the entirety of the purchase money, a Conveyance of sur-
Conveyance of the land shall be executed in favor of the Pre-emp- veyed lands.
tor, reserving to the Crown the right to take back so much thereof
as may be required for roads or other public purposes, and reserving
also the precious minerals, with a right to enter and work the same
in favor of the Crown, its assigus and liceneees.
13. H the land is not then included in the Government Survey, Conveyance of pre-
the Conveyance shall, with the reservations aforesaid, be executed empted claim in un-
. . .-i-it 1T-. surveyed lands,
as soon as possible afternthe same is so included, and the Pre-emptor shall, upon survey, be entitled to take any quantity of unpre-
empted land, at the price of four shillings and two pence per acre,
which may be laid off into the sections in which his pre-empted
land is situate, or if unwilling so to do, he shall forfeit so much of
the pre-empted land as lies in those sections which he is unwilling
to purchase.
14. Priority of title shall be obtained by the person who,  being Priorities!
in actual occupation, shall first record his claim in manner aforesaid.
15. Whenever any person shall cease to occupy land pre-empted F0rfeiture Dy cessa.
as aforesaid, for the space of two months, the Surveyor General tion of occupation,
imay, in a summary way, on being satisfied of such permanent
cessation, cancel the claim of the person so ceasing to occupy the
same, and record de novo the claim of any other person satisfying
jthe requisitions aforesaid, and in the event of any person feeling
[aggrieved thereat, his remedy shall be personally against the person so recording.
16. In the event of the Crown, its assigns or liceneees, availing compensation for
(itself, or themselves,  of the reservation to enter and work the waste or injury,
precious minerals as aforesaid, a reasonable compensation for the
waste and damage done shall be paid by the person entering and
[working to the person whose land shall be wasted or damaged as
■aforesaid; and in case of any dispute, a jury of six men, to be
[summoned by the Surveyor General, shall settle the same.
17. Nothing in the conditions hereinbefore contained, or in any
[title to be derived hereunder, shall be construed as giving a right
■to any claimant to exclude liceneees of the Crown from searching
[for any of the precious minerals in any unenclosed land on the
[conditions aforesaid.
27 [No. 4.]
Land Pre-emption.
[24 Vict.]
A.D. 1861.
Saving of water
pri vil eges for mining
purposes.
Arbitration.
18. Water privileges, and the right of carrying water for mining
purposes may, notwithstanding any claim recorded, certificate of
improvement, or conveyance aforesaid, be claimed and taken upon,
under, or over the land so pre-empted by miners requiring the
same, and obtaining a grant or licence from the Surveyor General
in that behalf, and paying a. compensation for waste or damage to
the person whose land may be wasted or damaged by such water
privilege or carrying of water, to be ascertained in case of dispute
by a jury of six men in manner aforesaid.
19. In case any dispute shall arise between persons with regard
to any land acquired as aforesaid, any one of the parties in difference may (before ejectment or action of trespass brought) refer the
question in difference to- the Surveyor General, who is hereby
authorized to proceed in a summary way to restore the possession
of any land in dispute to the person whom he may deem entitled
to the same; and to abate all intrusions and award and levy such
costs and damages as he may think fit, and for all or any of the
purposes aforesaid to call in to his assistance the civil authorities
or any process of law.
SCHEDULE.
Form A.
No.
Date,
Certificate of Improvement.
Folio of the Pre-emption Register,
I, A. B., Surveyor General of Vancouver Island and its Dependencies, do
hereby certify that G. D. has made permanent improvements upon his Preemption Claim,  recorded  at Folio of the Pre-emption Register, to the
extent often shillings per acre; and I hereby also certify that the said C. D.,
his heirs or devisees, may now sell, lease, or mortgage the same.
28 [24 Vict.] Land Pre-emption Extension. [Nos. 5 & 6.]
A. D. 1861.
No. 5.   (29)
Proclamation by.His Excellency James Douglas, Companion Rbpbalbd by No. 9,
of the Most Honourable Order of the Bath, Governor and
Commander-in-Chief of Vancouver Island and its Dependencies, Vice-Admiral of the same, &c, &c, &c.
[21s* March, 1861.]
WHEREAS I have been empowered by Her Majesty's Government to take such steps as may tend to promote the settlement of Country Land in the said Colony:
And whereas it is expedient to extend the provisions of a Proclamation, given under my hand and the public seal of this Colony,
and dated the 19th day of February, 1861, to the whole of Vancouver Island and its Dependencies :
Now, therefore, be it known unto all men, that the provisions of
the said Proclamation, given under my hand and the public seal of
this Colony, and dated the 19th day of February, 1861, shall, from
and after the date hereof, extend to and include the entirety of
Vancouver Island and its Dependencies.
No. 6.   (30)
Proclamation by His Excellency James Douglas, Companion     A.D. 1860.
of the Most Honourable Order of the Bath, Governor and |    ESfiHM
j I Rbpbalbd by No. 9,
Commander-in-Chief of Vancouver Island and its Depen- Appendix.
dencies, Vice-Admiral of the same, &c, &c.
[9th May, 1861.]
WHEREAS I have been empowered by Her Majesty's Government, to take such steps as may tend to promote the settlement of Country Land in the said Colony:
And whereas it is expedient to extend the time during which a
person may cease to occupy land pre-empted under the provisions
of a Proclamation given under my hand and the public seal of this
Colony, and dated the 19th day of February, 1861:
Now, therefore, be it known unto all men, that any person
having pre-empted laud under the provisions of the said Proclamation may, if he shall have been continuously in occupation of the
same for the space of (8) eight calendar months next previously to
29 pros. 7 & 8.]
Aliens' Land.
[25 Vict.]
A. D. 1861.     flis leaving, leave the same for any period not exceeding (6) six i
— calendar months, provided that within (21) twenty-one days from
the date of his leaving the same, he shall fill in a memorandum, in
a book kept for that purpose in the Land Office at Victoria, with
the particulars and in the manner therein contained.
A. D. 1861.
Repealed by No. 93.
Preamble.
Aliens may hold
and transmit Real
Estate as fully as
British subjects.
Short Title.
No, *l.   (34)
An Act to enable Aliens to hold and transmit Real Estate.
[28i!A October, 1871.]
WHEREAS it is expedient to enable Aliens to hold and transmit
Real Estate in Vancouver Island and its Dependencies:
Be it enacted by the Governor, on behalf of Her Majesty, by and
with the advice and consent of the Legislative Council and Assembly of Vancouver Island and its Dependencies:—
1. That from and after the passage of this Act, it shall be lawful
for any Alien to hold, possess, use, occupy, enjoy, and transmit by
descent or otherwise, Real Estate of what nature or kind soever in
Vancouver Island and its Dependencies, as fully and indefeasibly
(for all purposes connected with the holding, use, and transmission
of Real Estate, but not further or otherwise) as if he had been born
a British Subject.
2. This Act may be cited as the "Act to enable Aliens to hold
Real Estate, 1861."
A. D. 1861.
Repealed by
No. 161.
Preamble.
No. 8.   (38)
An Act to cure defects in Titles to Real Estate in Vancouver
Island and its Dependencies, held by or derived through
Aliens.
[11th November, 1861.]
WHEREAS Aliens have purchased Real Estate in this Colony
to a considerable extent, from the Grantees of the Crown:
And whereas it is expedient to remove any doubts as to the Title
of Aliens to Real Estate which they now hold, and as to the Title
of British subjects to Real Estate derived through Aliens:
30 [26 Vict.]
Land.
[No. 9.]
Be it therefore enacted by the Governor on behalf of Her      A.D. 1861,
i Majesty, by and with the advice and consent of the Legislative 	
i Council and Assembly of the Colony of Vancouver Island and its
Dependencies, as follows:—
1. No person, whether an Alien or a born or naturalized British Titles derived
[ subject, shall be disturbed in the possession, or precluded from the fore this Act not on
[ recovery, of any lands, tenements, or hereditaments in this Colony, that account in-
I on the ground that he himself, or any person through whom he
) derived his title before the passage of this Act, was an Alien.
2. Provided, nevertheless, that no actual possession taken, sale Provided that no
, ,. ., -,.        .     ...   .   , ,,     actnai possession or
made, or action, or suit, or proceeding instituted previous to the saie shall be affect-
passage of this Act, shall be affected hereby, but shall be and ed tnereb7-
remain as though this Act had not been passed.
3. This Act may be cited as "An Act for the Confirmation of Short Title,
the Titles of Aliens to Real Estate, ;i861."
No. 9.   (60)
Proclamation by His Excellency James Douglas, Companion     A.D. 1862.
of the Most Honourable Order of the Bath, Governor and
Commander-in-Chief of Vancouver Island and its Depen- NoPi44. J
cies, Vice-Admiral of the same, &c, &c.
[6th September, 1862.]
WHEREAS I have been authorized by Her Majesty's Govern- Preamble,
ment to take such steps as may tend to promote the settlement of country land in the Colony of Vancouver Island and its
Dependencies, and to reduce the upset price of country land to
four shillings and two-pence per acre:
And whereas it is expedient to make public the methods by which
land may be acquired in the said Colony :
Be it, therefore, known unto all men :—
1. The Proclamations issued by me under the public seal of the Repeal of previous
said Colony, dated respectively the 19th day of February, 1861, the Land Proclamations
21st day of March, 1861, and the 9th day of May, 1861, save so far
as the rights and interests of any person who may have sought to
acquire land thereunder are concerned, are hereby repealed.
2. "Whenever the public requirements are such as to render the Land to be sold at
sale of any tract of land expedient, whether a town site, suburban auction ifreluisite-
land, or otherwise, the same land will be put up or sold at public
auction, at such upset price as may be from time to time deter-
31 A.D. 1862.
Forfeited lands to
be sold at auction.
Power to British
subjects and aliens
who take the oath
of allegiance to acquire land.
The person desirous
of acquiring land,
to enter into possession and record his
claim.
Quantities to be recorded.
Power of acquiring
additional land adjacent to the preempted claim, on-
payment of an instalment.
Possession and record necessary, as
in case of pure preemption.
Mode of record.
Shape of land
claimed.
[No. 9.] Land. [26 Vict.]
mined on—not, however, in any case exceeding the sum of four
shillings and two-pence per acre for country land, and in the event
of any land not fetching the upset price, it shall be lawful for the j
Surveyor-General to sell the same by private contract at such upset j
price.
3. All country land forfeited for non-payment of instalments shall
from time to time be put up for sale at public auction, at an upset j
price of four shillings and two-pence per acre.
4. That, frOm and after the date hereof, British subjects, and
aliens who shall take the oath of allegiance to Her Majesty and
Her successors, above the age of eighteen, may acquire the right to
hold and purchase in fee simple, unsold, unoccupied, and unreserved Crown Lands in Vancouver Island and its Dependencies,
not being the site of an existent or proposed town, or auriferous
land available for mining purposes, or an Indian Reserve or Settlement, under the following conditions:—
5. The person desiring to acquire any particular plot of land of
the character aforesaid, shall enter into possession and shall record
his claim with the Surveyor General, paying to him the sum of
eight shillings for recording such claim.
The person recording may record his claim to the following
quantities of land:—
If a single man, one hundred acres ;
Ha married man, whose wife is resident in the Colony, one hundred and fifty acres;
If the parent of children resident in the Colony, and under the
age of eighteen, ten additional acres for each such child.
6. Any person in possession of land so recorded as aforesaid,
may acquire the right to hold and purchase any further tract of
unoccupied land aforesaid, over and above the quantities aforesaid,
and contiguous thereto, upon payment to the Surveyor General of
the sum of two shillings and one penny per acre for the same, as
and by way of instalment of the purchase money to be ultimately
paid to the Government upon the survey of the same land.
7. Any person so paying such deposit shall enter into possession
and record his claim to such last mentioned tract of land, in manner hereinbefore prescribed.
8. The claimant shall, in all cases, give the best possible "description of the land to the Surveyor General, together with a rough
plan thereof, and identify the plot in question by placing at the
corners of the land four posts, and by stating in his description any
other land marks of a noticeable character.
9. Every piece of land sought to be acquired under the provisions
of this Proclamation, if in a surveyed district, shall be selected
32 [26 Vict.]
Land.
[No. 9.]
Frontage of claims
on roads, rivers, &c.
Natural boundaries
may be taken.
according to the lines of the survey, and, if in an unsurveyed dis-      A.D. 1862.
trict, such piece of land shall (save as hereinafter mentioned with 	
respect to lands abutting on roads, rivers, lakes, or the sea-shore,
or bounded by natural boundaries) be of a rectangular shape, and
the shortest line thereof shall be at least two-thirds the length of
the longest line.
10. Wherever the piece of land sought to be acquired in an unsurveyed district abuts upon»a road or highway, river or sea-shore,
the frontage on such road or highway, river or .seashore, shall not
exceed 1320 feet in length.
11. "Where the land sought to be acquired in So. unsurveyed
district is in whole or in part bounded by mountains, rocks, lakes,
swamps, roads, highways, or the margin of a river, or by other
natural boundaries, then such natural boundaries may be adopted
as the boundaries of the land sought to be acquired; and in such
case it shall be sufficient for the claimant to show to the satisfaction
of the Surveyor General that the said form conforms, as nearly as
circumstances permit, to the provisions of this Proclamation.
12. If the land sought to be acquired be bounded by a claim, the
line of such claim may be adopted by the person so seeking to
acquire, notwithstanding any irregularity in such line, which has
been occasioned by the adoption of a natural boundary, or other
cause, by the claimant of the adjacent claim.
13. Where a piece of land is partially or entirely enclosed
between two or more claims, the claimant may acquire such enclosed
piece, notwithstanding any irregularity of form, or disproportion
in length of any of the sides.
14. The boundaries shall run as nearly as possible by the cardinal points of the compass, or if the claim be in an unsurveyed district and front on a road, lake, river, or sea-shore, the boundaries
shall ran back from such road, lake, river, or sea-shore as nearly
as may be at right angles to the frontage.
15. Until the conveyance of the land in respect of which a claim The (jovernor may
is recorded, it shall be lawful for the Governor of Vancouver grant leases of the
 inferior  minerals
Island and its Dependencies, tor the time being, to grant leases ot notwithstanding any
all or any minerals lying under the same for any term of years, and pre-emption,
with such rights of entry, and such powers of raising and working
metals and metallic substances, and such privileges of using the
surface ground for the necessary mining operations, as may be
deemed necessary by the said Governor.
16. Provided, that if any lessee enter and work any minerals Compensation to be
upon or under any land previously pre-empted, or in respect of made t0 the occia"
which any instalment has been paid, the pre-emptor or payer of the
instalment shall be entitled to full compensation from such lessee
for the surface land occupied, the 'diminution in value occasioned
33
Irregular lines of
other claims may be
taken.
Piece of land enclosed between two
claims may be taken
of whatever proportions.
Direction of boundaries. A.D 1862.1
Power to purchase
insurveyed districts.
Person in possession
may purchase at the
rate of 4s. 2d. per
a'cre when the land
is surveyed.
[No. 9.] Land. [26 Vict.]
by such right of entry, and the damage sustained by means of such
raising, mining, and working of the minerals aforesaid; such damage to be ascertained as a question of deterioration to the land in i
question in an agricultural point of view only..
17. Where the land is situate in a surveyed district, the claimant
who has entered upon the said land and recorded his claim as j
aforesaid, his heirs or devisees shall be entitled, after two years j
permanent occupation, or after the issuance of a Certificate of
Improvement (whichever shall first happen) to purchase the land
so acquired, or in respect of which such deposit shall have been,
paid as aforesaid, at such rate as may for the time be fixed by the
Government of Vancouver Island and its Dependencies, not exceeding four shillings and two pence per acre.
18. When the  Government survey shall extend to the land
claimed, the claimant who has entered into possession of and recorded his claim as aforesaid, or nis heirs or devisees, or in the
case of the grant of a Certificate of Improvement hereinafter mentioned, the assigns of such claimant shall, if he or they shall have
been in continuous occupation of the same land from the date of
the record aforesaid, be entitled (subject to any such mineral leases
as aforesaid) to purchase the land so acquired or in respect of which ;
such deposit shall have been paid as aforesaid at such rate as may
for the time being be fixed by the Government of Vancouver j
Island and its Dependencies, not exceeding the sum of four shillings j
and two pence per acre.
19. When the claimant, his heirs or devisees, shall prove to the
Surveyor General by the evidence of himself and of third parties,
that he or they has or have continued in permanent occupation of i
the claim from the date of record, and has or have made permanent i
improvements thereon to the value often shillings per acre, the:
said Surveyor General shall grant to the said claimant, his heirs or ■■
devisees, a Certificate of Improvement in the form marked A in the
Schedule hereto.
Power to sell, mort-     20- ^Pon tbe grant 01>1l>e Certificate of Improvement aforesaid,
gage, or lease given the person to whom the same is issued may, subject to anv unpaid
to occupant who has •     ,   -i .        -. .     .i „ . .  j        r
obtained a Certifi- instalment and to the terms of occupation under, which the same ;
cateoflmprovement iand Was originally acquired, sell, mortgage, or lease the land in
respect of which such certificate has been issued, but no interest in
any plot of land acquired in either of the methods aforesaid shall, ,
before payment of the purchase money, be capable of passing to a
purchaser unless the vendor shall have obtained such Certificate of j
Improvement as aforesaid.
m. .    21. The purchase money, except as otherwise provided in the
Tims of payment of „ ,    . J
thj purchase n.oney. case oi a person desirous of acquiring a contiguous portion of land,
shall be payable for land acquired in manner aforesaid by instal-
34
Power to Surveyor
General to issue a
Certificate of Improvement. [26 Vict.]
Land.
[No. 9.]
ments at the rate of one shilling per acre, such instalments to be      a.D. 1862.
I paid once in every year until the purchase money is paid in full, 	
and the first instalment is to be paid within twelve months after the
i survey of the land is made, or in case of the land being surveyed
within twelve months after the record.
22. Hpon payment of the purchase money a conveyance of the Grant of the land,
land purchased shall be executed in favor of the purchaser, reserving
the precious minerals with a right to enter and work the same in
favor of the Crown, its assignees and licensees, and subject to
such mineral leases as may affect the land conveyed.
23. In the event of the Crown, its assignees or licensees, availing
itself or themselves of the privileges (other than the taking of land
required for roads) mentioned iu Clauses 31 and 32, a reasonable
compensation for the land taken, wasted, or damaged, shall be paid
to the person whose land shall be taken, wasted, or damaged as
aforesaid.
Compensation   to
persons whose land
is taken   by the
Government.
24. Priority of title shall be obtained by the person who being in
possession shall first record his claim in manner aforesaid.
25. Every person who shall have recorded his claim with the
Surveyor General aforesaid, shall within thirty days from such
record, record with the Land Recorder of the District or Settlement
(when appointed) a copy of the record made with the said Surveyor
General, and all maps or plans accompanying such record.
26. Whenever any person shall permanently cease to occupy
land acquired in either of the methods aforesaid, the Surveyor
General may in a summary way, on being satisfied of such permanent cessation, cancel the claim of the person so permanently
ceasing to occupy the same, and record the claim thereto of any
other person satisfying the requirements aforesaid.
27. As an ordinary rule, two months absence from the land acquired
shall be sufficient evidence of permanent cessation of occupation.
28. The "occupation" mentioned herein shall mean a continuous personal residence of the claimant himself.
29. If any claimant shall show good cause to the Surveyor
General he may grant him a "Licence to Substitute" in the form
contained in Schedule B hereto, and the continuous personal residence of the person named in such licence (such person not being
or becoming subsequently to the date of the licence a claimant of
kind under this or any previous Proclamation) shall, during the
continuance of the licence and after record with the Land Recorder,
be as effectual as the continuous personal residence of the claimant
himself.
30. All deposits paid in respect of such forfeited claims shall be
forfeited, and all improvements, buildings, and erections thereon
35
Priority obtained by
registration  with
possession.
Registration to be
recorded with land
recorder.
Surveyor General
may cancel claims ]
whose occupation
has permanently
ceased.
Two  months'  absence,  as a rule,
sufficient evidence
of cessation of occupation.
Meaning of " occupation.
Surveyor General
may grant a license
to act as substitute
for the pre-emptor.
On cancellation, all
deposits   and improvements   forfeited. A.D. 1862.
Appeal from the decision of the Surveyor General.
Saving of rights of
Free Miners.'
Government may
take land  required
for roads or public
purposes.
Saving of the rights
of Miners to carry
and lead water.
Forfeiture of old by
registration of new
claim.
Power of reference
to the Surveyor
General.
The Governor may
appoint Land Recorders.
Duties of the Land
Recorder.
[No. 9.] Land. [26 Vict.]
shall (subsequent to the appeal hereinafter mentioned) be open to
settlement by any other person.
31. The summary decision of the Surveyor General may be
appealed by either party to the decision of the Judge of the Supreme
Court of Civil Justice, in such manner as may be provided by any
Act of the Legislature.
32. Nothing herein contained shall be construed as giving a right
to any claimant to exclude licensed miners from searching for any
of the minerals aforesaid or working the same upon the conditions
aforesaid.
33. The Government shall, notwithstanding any claim, record,
or conveyance aforesaid, be entitled to enter and take such portion
of the land acquired, in either of the methods aforesaid, as may be
required for roads or other public purposes.
34. Water privileges, and the right of carrying water for mining
purposes may, notwithstanding any claim recorded, be claimed and
taken upon, under, or over the said land so pre-empted or purchased as aforesaid, by licensed miners requiring the same, and
obtaining a grant or license from the Surveyor General, and paying
a compensation for damage to the person whose land may be
wasted or damaged by such water privilege or carriage of water, to
be ascertained in case of dispute in manner aforesaid.
35. If any person, being already registered as a claimant, register
a claim to any other land not being contiguous thereto, the land so
previously claimed shall ipso facto be forfeited, and shall, with all
improvements thereon, be open to settlement by any other
person.
36. In case any dispute shall arise between persons with regard
to any land so acquired as aforesaid, and one of the parties in difference may, before ejectment or action of trespass brought, refer the
question in difference to the Surveyor General, who may proceed
in a summary way to restore the possession of any land in dispute
to the person whom he shall deem entitled to the same, and to
abate all intrusions, and award and levy such costs and damages
as he may think fit.
37. The Governor may from time to time appoint, remove, and
re-appoint a person resident in any District or Settlement to be
"Land Recorder" for the same District or Settlement, and may
from time to time appoint a Deputy to act in his place during his
absence.
38. The duties of the "Land Recorder" shall be to keep a book
to be called the "Occupation Record," in which he shall enter, at
the request of any person who has acquired land, a memorandum
of the presence of such person in the District or Settlement on the
36 [26 Vict.]
Laivd.
[No. 9.]
date of such memorandum, and in the event of such person ceasing
to occupy land acquired as aforesaid for a temporary purpose, the
name of the person (not being a person registered as a pre-emptor)
occupying for him, such person to appear and be identified before
such Recorder at the time of the record.
39. The Surveyor General shall, from time to time as Land
Recorders are appointed, transmit to each Recorder copies of all
j maps of the District or Settlement to which such Recorder is
! appointed, and also copies of the Registration Record of the said
| District or Settlement (if any).
40. The Land Recorder shall also record in a book to be supplied
to him for that purpose, the copies of the records made with the
Surveyor General, and of the maps and plans aforesaid, and keep
them for the inspection of the public.
41. Any person occupying land in the place of a person temporarily absent, who shall record any claim to any land, shall be
deemed from the date of such record to have ceased to occupy on
behalf of the person temporarily absent.
42. The Land Recorder shall report to the Surveyor General
once every six months the state of his District or Settlement, particularizing as far as possible the number of settlers Who are resident
on recorded claims, and the number of claims recorded which have
been vacant for two months or longer.
43." A statement of the Land Recorder, signed and addressed by
him to the Surveyor General, shall be prima facie evidence of permanent improvements to the value therein mentioned.
44. An extract from the "Occupation Record," signed by the
Land Recorder, and proved to have been so signed by a competent
witness, shall be prima facie evidence of the occupation by the person therein named as personally present on the date therein mentioned, and an extract made, signed, and proved as aforesaid, of the
record of the name of the person occupying as substitute for another
shall be prima facie evidence (until rebutted by evidence of absence
or registration as aforesaid) of occupation in lieu of the pre-emptor
registered.
45. In the event of any application for the cancellation of a claim
on the ground of permanent cessation of occupation, if the person
whose claim shall be sought to be cancelled shall be shown to have
quitted the District, without recording the date of his last presence
in the District or Settlement as aforesaid, the date of his absence
shall prima facie be taken to have been more than two months
previously to the date of the application for cancellation.
46. In the event of the Surveyor General requiriug the attendance
personally of the person whose claim is so sought to be cancelled,
he may require that notice to attend at the Land Office, Victoria,
37
A.D. 1862.
The Surveyor General to transmit maps
and copies of registration to Land Recorder.
Recorder shall enter
copies of fresh records.
Person occupying in
the place of another
who records for himself to cease representing the other.
Recorders' reports.
Statement of Recorder as to Certificate of Improvement
Extracts from "Occupation Book'' to
be evidence.
Omission to enter
the last date, when
present, to be prima
facie evidence of absence fortwomonths
previous to the application for cancellation.
The Surveyor General may require notice to be served on
party whose claim
is sought to be cancelled. A. D. 1862
Notice may be substituted on the Recorder.
Costs of serving substituted notice.
Service of substituted notice and return
by the Recorder.
The Surveyor may
proceed ex parte.
Fees payable to the
Recorder.
Recorder to sign
records.
Short Title.
[No. 9.] Land. [26 Vict.]
at a time to be fixed by the Surveyor General, shall be served on I
such person.
47. In the event of such person not being found and served with
' such notice, the Surveyor General may order such notice to be left
with the Land Recorder for the District or Settlement where such
contested claim is situate.
48. A sum not exceeding one pound, to be fixed by the Surveyor
General, and noted on the notice, shall be paid to the Land Recorder to meet the .expenses of serving the said notice, by the party
requiring the same to be served.
49. The Land Recorder shall, if the person upon whom the said
notice is to be served, can be found in the said District or Settlement, cause the same notice to be served upon him; and as soon
as the Land Recorder has served the said person, or ascertained
that he cannot be found in the said District or Settlement, shall
certify the same under his hand, and remit such certificate by the
earliest communication to the Surveyor General.
50. The Surveyor General, upon the receipt of the said certificate,
and after such postponement and advertisements (if any) as he may
think necessary, may determine the question on such evidence,
whether ex parte or otherwise, as he may think proper.
51. The Recorder shall be entitled to the fee of four shillings
and two-pence on recording copies of any pre-emption record irom
the Land Office, and to a fee of one shilling on recording any other
matter or thing; and the said fees shall be paid and payable by the
person requiring the record to be made; and the Recorder of each
District or Settlement shall also be entitled to the amount of record
fees paid at the Land Office for the registration of claims in his
District or Settlement.
52. The Recorder shall sign his name at the foot of every entry
in the " Occupation Record."
53. This Proclamation may be cited as the
Land Proclamation, 1862."
'Vancouver Island
SCHEDULE A.
I hereby certify that has satisfied me by evidence
of [naming the witness, and detailing any other evidence upon which the Surveyor General has come to his judgment] that of
has made improvements to the extent of ten shillings an acre on acrea
of land, situated at
Signed, this
day of
38 [29 Vict.]
Land Registry Amendment.
SCHEDULE B.
[No. 10.]
A. D. 1862.
I hereby license , of
for the space of months, the Claim recorded No.
of the Pre-emption Record Book, in the stead of
Dated, this day of
, to occupy
Page
Surveyor General.
No. 10.   (101)
A.D. 1865.
An Act to amend | The Land Registry Act, 1860." —
[8th April, 1865.] f*e^ by
WHEREAS it is necessary to amend " The Land Registry Act, Preamble.
I860:"
Be it therefore enacted by the Governor of the Colony of Vancouver Island and its Dependencies, by and with the advice and
consent of the Legislative Council and Assembly thereof, as
follows:—
1. It shall be lawful for the Governor to appoint, from time to Appointment of
time as occasion shall require, during the absence or other inca-   eputy  egis ra*'
: pacify to act of the Registrar General, a fit and proper person to
perform the duties of Deputy Registrar; and all the acts of such
Deputy Registrar shall have the like force and effect as if done by
the Registrar General; and the Deputy Registrar shall have such
remuneration as the Governor shall think fit.
2. Every person claiming any other or less estate than the abso- Registration of
lute fee, or any equitable interest whatever in real estate (other Charse-
than a leasehold interest in possession for a term not exceeding one
year) whereof the title to the absolute fee has not been registered,
may, on proof of a prima facie title thereto, register a charge in
like manner as is prescribed in Section 10 of the said Act.
3. No equitable mortgage or lien created simply by a deposit BquitableMortgages
of title deeds, shall be deemed to entitle the person interested to not to be registered,
registration under this Act.
4. Whenever any person shall have paid in full for land pre- Pre-empted Land,
empted under any Land Proclamation or Act now or hereafter in
force, he may, on receiving a certificate of such payment from the
Surveyor General, apply to have the same registered as an absolute
fee, in like manner as prescribed in Section 8 of " The Land Registry Act, 1860."
39 A. D. 1865.
Certificate of Surveyor General.
Form of Certificate
of Title, and provision in case of loss
thereof.
Certificate of Title
to be evidence.
Certificate of Indefeasible Title.
Time of application
[No. 10.] Land Registry Amendment. [29 Vict.]
5. The Surveyor General may give a certificate of payment of all
or any of the instalments due on land, as mentioned in Sections 16
and 17 of "The Land Registry Act, 1860," and m Section 4 of this
Act, in the Form marked U. in the Schedule to this Act.
6. Section 18 in "The Land Registry Act, 1860," is hereby repealed, and, in lieu thereof, be it enacted that the Registrar shall,
upon the registration of any absolute fee, issue a certificate of title
to the person who shall have effected registration, in the Form
marked G. in the first Schedule to this Act; and shall fill up a
memorandum thereof, and retain the same in his office; and if any
certificate of title shall be lost or destroyed, the Registrar General
may, upon being satisfied by affidavit of the applicant, or of some
other person, of the truth thereof, issue a fresh certificate in lieu of
that so lost or destroyed, expressing on the face thereof that it is a
duplicate; but no such fresh certificate shall be of any avail against
any person who may have already derived title under the original
certificate. In every case, so far as practicable, where a transfer is
registered of a portion of the land comprised in or referred to in
the certificate of title, an endorsement of such transfer shall be
made thereon.
7. Every such certificate of title shall be received as evidence in
all Courts of Justice of the particulars therein set forth.
8. Upon the expiration of five years from the time when registration of an absolute fee was first effected, the registered owner
shall be entitled to receive a certificate of title in the Form marked
S. in the said first Schedule, a duplicate of which shall be retained
by the Registrar, and such certificate of title shall be conclusive
evidence in all Courts of Justice that the owner therein named is
the absolute owner of an indefeasible fee simple in the real estate
therein referred to; and such real estate may be transferred by an
endorsement- on such certificate, in the Form marked T. in the s.iid
Schedule, or similar thereto; and the Registrar, upon the receipt
of the former certificate of title, may grant registration of the absolute fee to such transferee, in the Form marked B. in the said
Schedule, and issue a new certificate to such transferee; and, when
necessary, a new certificate or certificates to the transferror or
transferrors, in manner aforesaid; and upon such registration the
transfer shall confer upon the person to whom the same is made an
absolute and indefeasible title in fee simple in the land transferred,
subject, however, to the rights existing against any such estate by
virtue of any charge or issue appearing on the register at the time
of such transfer, and also to any unregistered leasehold interest in
possession for a term not exceeding one year, as aforesaid.
9. The time at which the application for registration shall be
deemed to have been made shall be the time when the application
paper is filled up and signed by the applicant, and the title deeds
handed in to the Registrar.
40 [29 Vict.]
Land Registry Amendment.
[No. 10.]
10. Whenever any deed or instrument is produced for the proving      a. D. 1865.
the title of any applicant for registration, the Registrar is hereby 	
-, j, , -ii, n tit Memorandum, of re-
required, so far as may be possible, to endorse on such deed, or gistration to be en-
instrument a memorandum of the interest of the said applicant in d<>rsed on title deeds,
the land comprised in such deed or instrument.
11. Within one week after any issue has been filed under the Kotice of issue,
provisions of "The Land Registry Act, 1860," the Registrar shall
give notice in writing to the registered owner of the property in
respect of which the same has been so filed.
12. In every case of cancellation of a charge, notice of contest, Date of cancellation
or issue under the provisions of " The Land Registry Act, 1860," ofcharge-
the interest against which such charge, notice of contest, or issue
shall have been registered or filed shall be deemed to be discharged
from the date of the satisfaction or discharge of the same, and not
from the date of entry thereof as provided in Section 41 of the last
mentioned Act.
13. Before any instrument executed after the expiration of six ah deeds to be ac-
months from the passing of this Act, other than a decree, judgment, knowledges.
or order of a Court of Civil Jurisdiction, is registered, and to
entitle the same to be registered, the execution thereof shall first
have been acknowledged or proved in the manner hereinafter provided, and such fact of acknowledgment or proof shall appear by a
certificate under the hand and seal of the proper officer or other
person authorized to take such acknowledgments endorsed upon
or attached to sucl^conveyance, deed, or other instrument.
14. The acknowledgment or proof of execution of all instruments Before whom instru-
hereby authorized to be registered, if acknowledged or proved ments are to be ac-
within the Colony, may be made to the Registrar, or Deputy Registrar, or any person commissioned in that behalf by the Chief Justice of the Supreme Court of Civil Justice of Vancouver Island, as
hereinafter mentioned; and if acknowledged or proved without the
Colony and within the British Dominions, may be made to any
Judge of a Court, or Clerk or Registrar of any Court having a seal,
or to any Notary Public, or to any Magistrate of any Town or District within the said Dominions having a seal of office; and if
acknowledged or proved without the British Dominions, may be
made to any British Ambassador, Charge d'Affaires or Minister,
Consul or Consular Agent appointed to reside in the country where
such acknowledgment or proof is made, or to any Judge of any
Court of Record having a seal, or to any Notary Public practising
in such country, duly certified to be a Notary Public by some
[•British Ambassador, Charge d' Affaires, Minister, Consul, or Consular Agent. And every such acknowledgment of instruments
executed without this Colony shall be sufficient to entitle the same
to be. registered^ notwithstanding anything in this Act contained to
41 A.D 1865.
Chief Justice   may
appoint  persons to
take acknowledgments.
Persons making acknowledgments
shall appear before
the Officer taking
same.
By whom  acknowledgment* may be
made.
Recitals in acknowledgments.
[No. 10.] Land Registry Amendment. [29 Vict.]
the contrary, and particularly to the provisoes in Section 17, hereinafter following.
15. The Chief Justice aforesaid, with the approval of the
Governor for the time being, may appoint by Commission such
and as many competent persons, other than the persons before
mentioned, as may be necessary for the accommodation of the
public, to take the acknowledgment and proof of the execution of
all instruments in writing within the Colony, which may by law
he registered.
16. No acknowledgment of the execution of any instrument
affecting any real estate within this Colony shall be taken, unless the
party offering to make such acknowledgment shall appear before
the officer taking the same, and unless such party shall either be
personally known to the officer, or his identity be proven by the
oath or affirmation of a competent witness; and such certificate of
acknowledgment shall recite in substance and legal effect the facts
required by this Section.
17. Acknowledgments and proofs of the execution of instruments
entitled to be registered may, for the purposes of this Act, be
made by
(1.) The party executing in person such instrument;
(2.) The Attorney in fact, when such instrument is executed by
an Attorney in fact;
(3.) The Secretary of any Corporation, when such' instrument is
executed by such Secretary;
• (4.) A subscribing witness to such instrumeiroF
Provided, always, that no acknowledgment of any party executing in person such conveyance, deed, or other instrument, shall be
taken, unless in addition to what is required by Section 16 of this
Act, such party acknowledge that he is the person mentioned in
such instrument as the maker thereof, and whose name is subscribed
thereto as a party, that he knows the contents thereof, and that he
executed the same voluntarily; and such certificate of acknowledgment shall, in addition to what is required by Section 16 to be
recited, recite in substance and legal effect the facts required by
this proviso. And, provided also, that no acknowledgment by an
Attorney in fact shall be taken, unless" in addition to what is
required by Section 16 of this Act, such Attorney in fact shall
acknowledge that he is the person who subscribed the name of
(naming the maker) to the instrument, that said (naming the
maker) is the person mentioned in the instrument as the maker
thereof, that (naming the Attorney in tact) knows the contents of
the instrument, and subscribed the name of (naming.the maker)
thereto voluntarily as the free act and deed of the said (naming the
maimer); and such certificate of acknowledgment shall, in addition
to what is required by Section 16 to be recited, recite in substance
42 [29 Vict.]
Land Registry Amendment.
[No. 10.]
and legal effect the facts required by this proviso.     And, provided     a. D. 1865.
also, that no acknowledgment by the Secretary of any Corporation 	
shall be taken, unless in addition to what is required by Section 16
of this Act, such Secretary acknowledge that he is the person who
subscribed his name and affixed the seal of such Corporation, as the
Secretary, to such instrument, and that he was first duly authorized
to subscribe and to affix the said seal to the same; and such certificate of acknowledgment shall, in addition to what is required by
Section 16 to be recited, recite in substance and legal effect the
facts required by this proviso. And, provided also, that no acknowledgment by a married woman shall be taken, unless in addition to
what is required by Section 16, such married woman shall be first
made acquainted with the contents of the instrument, and the
nature and effect thereof, and shall acknowledge on examination,
apart from and out of hearing of her husband,- that she knows the
contents of the instrument, and understands the nature and effect
thereof, that she executed the same voluntarily, without fear,' or
compulsion, or undue influence of her husband, that she is of full
age and competent understanding, and does not wish to retract the
execution of the same; and every such certificate of acknowledgment shall, in addition to what is required by Section 16 to be
recited, recite in substance and legal effect the facts required by
this proviso. And, provided, that no acknowledgment or proof by
a subscribing witness shall be taken, unless in addition to what is
required by Section 16 of this Act, such subscribing witness shall
acknowledge that he is the person whose name is subscribed to the
instrument as -a witness, and shall prove that (naming the maker)
whose name is subscribed thereto as the maker, did execute the
same; and such certificate of acknowledgment or proof shall, in
addition to what is required by Section 16 to be recited, recite in
substance and legal effect the facts required in this proviso. Provided, also, that the acknowledgment or proof of instruments
required to be made or done as hereinbefore mentioned, may be in
the Forms in the third Schedule hereto.
18. Every instrument which shall be acknowledged or proved r  ,
J o j. Instruments   ac-
and certified as in this Act prescribed may, together with the cer- knowiedged may be
tifieate of acknowledgment or proof, be read in evidence in all read m evidence-
Courts  of Law and Equity, without   further   proof of   execution.
19. When any person applies for registration of a portion of an Registrar may re-
entire lot or section of land, he shall, if so required by the Regis- ^^^/a'ppend^d
trar, deposit a map thereof properly authenticated, or append the to deeds.
same to the instrument conveying the said land, and reference to
such map shall be made by the Registrar and entered by him in the
Parcels Books, and such map shall be drawn on a scale in the case
of land situated in any district of not less than four inches to a
mile, and in the case of land situtaed in any town, on a scale of not
4Q
O A. D. 1865.
Surveyor General to
deposit copies of
official maps.
Acknowledgments,
&c, to be made before Registrar.
Power to Registrar
to refer cases to the
Court.
Application for registration may be
made by agents.
Caveat, &c.
May   be   registered
as charges.
List of land registered to be kept.
Per   centage  on
value of land.
Forms to be used.
[No. 10.] Land Registry Amendment. [29 Vict.]
less than one chain to an inch, or on such scale respectively as the
Registrar shall require, in order that the land may be clearly and
conveniently shown.
20. The Surveyor General of the Colony shall, as soon as conveniently may be, and from time to time deposit in the Land
Registry Office when requested so to do by the Registrar, copies of
all Official Maps in his custody duly authenticated by his signature.
21. All acknowledgments, affidavits, oaths, and declarations
necessary for this Act, and " The Land Registry Act, 1860," may
be taken by and made before the Registrar.
22. Whenever in the opinion of the Registrar, from any special
circumstances in the case it is desirable that an application for
registration shall be decided by the Court, or that a declaration of
title in the first instance should be made under any Act which may
be passed in the present Session, it shall be lawful for him to refer
such matter to the Court, and to decline the registration thereof
until an order for such registration or a declaration of title has been
obtained, as the case may require.
23. Applications for registration may be made by the agent of
any person entitled to be placed on the register, provided that the
Registrar be satisfied that such agent is duly authorized to make
such application.
24. The Court may, upon the application by petition of any person interested in real estate, although the same be not registered,
issue an order or caveat inhibiting any dealing with or registration
of such real estate, and annex thereto any terms and conditions it
may think fit, and generally to make such order as the justice of
the case may require.
25. All orders made under the 59th Section of "The Land Registry Act, 1860," may be registered as charges, and all orders made
under the 24th Section of this Act may be registered as supplemental charges.
26. The Registrar shall keep a list, arranged under appropriate
headings, as to towns and districts, of all lands registered.
27. The per centage to be paid on the registration of an absolute
fee shall be according to the market value of the property at the
time of application for registration; and in case of doubt, the market value shall be held to be the value'as stated in the last completed Government Assessment Roll.
28. The Forms in "The Land Registry Act, 1860," marked A,
B, C, D, E, F, G, I, K, L, and M, respectively, shall, as soon as
conveniently may be, be discontinued, and those marked A, B, C,
D, E, F, G, I, K, L, and M, respectively, in the first Schedule to
this Act annexed, may be used in lieu thereof.
44 Fees
[29 Vict.] Land Registry Amendment. [No. 10.]
29. In lieu of the fees as mentioned in the second Schedule to     a. D. 1865.
" The Land Registry Act, 1860," the fees mentioned in'the Becond
Schedule hereto shall be charged and paid.
30. H the deeds constituting a title have been registered, and Registered deeds ai-
they have been allowed to remain in the office for one month there- tnToffice onTmonth
after or upwards, the same shall be charged as if they had been charged as if de-
-,.,-, posited.
deposited.
31. It shall be the duty of the Registrar, when requested and Documents may be
upon payment of the proper fees, to record in a book or books to copiea in the office,
,    , ,,      , ,       . ,,   , ,       mi      . i '      anli  official  copies
be kept for that purpose, and to be called respectively " The Abso- made.
lute Fees Record," " The Charges Record," and | The Supplemental Charges Record," all instruments in any manner affecting the
title to real estate, or to any interest thereunder which has or may
have been already duly registered, by correctly transcribing or
copying the same, together with an endorsement thereon or certL.
ficate attached thereto, word for word, letter for letter, figure for
figure, sign for sign, and erasure for erasure.
32. References to such record shall be made in the register books References to be
of the title to which such instruments relate. made t0 such °°Pies-
33. The record of any such instrument as aforesaid, or any copy of official copies may
the same duly certified by the Registrar, may, in the absence of the ^e reoeived in evi-
original, and if produced by a party not having the control of the .
original, be read in evidence in all Courts of Law and Equity, without further proof, but the production of such copy shall not preclude the Registrar from requiring the production of the original
document in those cases when such- production may be deemed
necessary for the purpose of registering any title thereunder.
34. This Act may be cited as " The Land Registry Amendment Short ip^
Act, 1865."
FIRST SCHEDULE.
Form A.
No.
I, A. B., declare that I am the legal owner in my own right in fee simple
in possession of the Real Estate hereunder described, and I claim to be registered accordingly.
45 [No. 10.]
A. D. 1865.
Town or District.
Date.
Land Registry Amendment.
DeseripUon of Real Estate.
[29 Vict.]
Admeasurement or Acreage.
List of Instruments.
Parties.
Character of Deed.
And I, , declare that to the best of my knowledge
'the value of the said Real Estate is Dollars.
A.B.
Form B.
No.
o 2 go
Id o
ft    .s
60
on <"  B
•- o a
SO"
46 [29 Vict.]
Land Registry Amendment.
Form C.
No.
Folio of
Absolute Fees Book
Town or District.
Section or Lot.
[No. 10.]
Further
Description.
A.D. 1865.
Form D.
No.
I, A. B., declare that I am entitled to a the Real
Estate hereunder described, and I claim Registration of a Charge accordingly.
Description of Real Estate.
The absolute fee is registered at folio , vol. of the "Absolute.
Pees Book," in the name of
Lot or Section.
Town or District.
Admeasurement or Acreage.
List op Instruments.
Date.
Character of Deed.
And I, A. B., declare, that to the best of my knowledge, the value of my
said Interest is Dollars.
A. B.
47 [No, IOJ
A. D. 1865.
No.
£■2 «
ft
Za?fc? Registry Amendment
Form E.
[29 Vict/J
to       bo
9    o
■SftS
o o Q.
o3 go P.
rH to
©A,'
a rm
Form F.
No.
Folio of Charge
(or supplemental
Charge) Book.
Town or
District. ]
Lot or
Section.
Admeasurement
or
Acreage.
Further
Description.
Form GK
Certificate of Tide.
No.
.186-
Certificate of Title
No.
Name
of
Owner.
Absolute
Fees
Book.
Date
of
Registration.
Parcels
Short
Description.
Name
Absolute Fees Book
Property
A.B.,
Registrar General.
List of Instruments.
A.B.,
48
Registrar General. [29 Vict.]
Land Registry Amendment.
Form I.
[No. 10.]
A.D. 1865.
I, A. B., take dssne on the registration effected by
of the land known as , in the Absolute Fee Book,
Vol. Polio.
A.B.
Form K.
No.
Registered the
day of
186
, in Book
Vol.                   Polio
A.B.,
Registrar General
Form L.
I, A. B., file this notice of contest against an issue (or charge registered
or) filed by O. D., in respect of that piece of land registered in the
Book, Vol. Polio
A.B.
Form M.
I, A. B., having filed a notice of contest on the day of
18     , against the issue (or charge registered or) filed by C. D., in respect of
that piece of land registered in the Book, Vol Polio ,
crave that the charge (or issue) may be cancelled (or taken off the file.)
Form S.
Certificate of Indefeasible Title.
This is to certify that A. B. is absolutely and indefeasibly entitled in fee
simple to that piece of land known as , and more
particularly described in Absolute Fees Parcels Book, Vol. Polio ,
subject however to
In witness whereof I have hereunto set my hand and seal of office, this
day of 186    .
C. D.,
Begistrar General. .
49 A:D. 1865.
[Ne.lGTf;
Land Registry Amendment.
Form Tv
[29 VYc&Jj
I, A. B., of , da Hereby, in consideration of
Dollars, paid to me, transfer and convey the land in this certificate referied toj,
to G. D., his heirs and assigns, for ever.
Executed in the presence of
D. E.
E. F.
A. B.
Form U.
I hereby certify that instalment   due in respect of
Section , has been paid, and that there remains a balance of
unpaid.
A. B.,
Surveyor General.
SECOND SCHEDULE.
Fees.
Inspection of any Title on the Register $   50
Application Registration  i        50
Registration of any Absolute Pee    1 00
And one-fifth of one per cent, on the value of the Real Estate, where
such value amounts to or is under five thousand dollars; and one-
tenth of one per cent, on the addififiual value, where such value
exceeds five thousand dollars.
Registration of any Charge     1 00
And one-tenth of one per cent, on the value of the interest oovered
by the charge.
Every Certificate of Title, or search        50
Piling any Issue    2 00
Filing any Contest         50
Sealing any Document .-.        25
Cancellation of any Charge, &c    1 00
Filing any Document, other than an Issue        50
Every Notice        50
Every deposit of "Map or Title Deed    5 00
For every transcript or record of any Deed or Instrument, as provided
for in Section 31 of this Act, per folio of one hundred words        25
For making certified copies of any Deed or Instrument of record, per
folio of one hundred wordgi,....    ..*...        25
For taking the acknowledgment or proof of execution of any Instrument,
including the Certifioate thereof, for every acknowledgment or proof  1 00
For administering an oath          50
50 [29 JiQ?.]
Land Regisfoy Amendment.
;[N£.   10.]
A.D. 1865.
THIRD SCHEDULE.
Ifor Mak§r ,gf a De^.
I hereby certify that , personally known to me,
appeared before me and acknowledged to me that
the person mentioned in the annexed instrument as the maker thereof, and
whose name subscribed thereto? as part (that
knows the contents thereof, and that exeouted the same voluntarily.
In testimony whereof I have hereto set my hand and seal of office,
at , this day of , in the
year of our Lord one thousand eight hundred and sixty-
For Married Woman.
I hereby certify that A. B., personally known to me to be the wife of CD.,
appeared before me, and being first made acquainted with the contents of the
annexed instrument, and the nature and effect thereof, acknowledged on examination, and apart from and out of hearing of her said husband, that she is the
person mentioned in such instrument as the maker thereof, and whose name is
subscribed thereto as party, that she knows the contents and understands the
nature and effect thereof, that she executed the same voluntarily without fear
or compulsion or undue influence of her said husband, that she is of full age
and competent understanding, and does not wish to retract the execution of the
said instrument.
In testimony whereof I have hereto set my hand and seal of office,
at , this day of , in the
year of our Lord one thousand eight hundred and
E. F.
mey.
For Atto;
I hereby certify that
, personally known to
me,
appeared before me and acknowledged to me that he is the person who
sub-
scribed the name of
to the annexed instrument as
i the
maker thereof
is the person mentioned in the
said
instrument as the maker thereof, that he
knows
j the
contents of the said instrument, and that he subscribed the name of
thereto voluntarily as the free
act and deed of the said
In testimony whereof, I have
hereto set my hand and seal of office
at                       , this
day of                       , in
the
year of our Lord one thousand eight hundred and sixty-
51 [No. 10.]
Land Registry Amendment.
[29 Vict.]
A. D. 1865.
For Witness.
personally known to me,
I hereby certify that
appeared before me and acknowledged to me that]
the person whose name subscribed to the annexed Instruments as
Witness, and having been duly sworn by me, did prove to me that
did execute the same in presence voluntarily.
In testimony whereof I have hereto set my hand and seal of office
at > , this day of , in the
year of our Lord one thousand eight hundred and sixty
<s*
52 REPEALED  LAWS,
USEFUL FOR REFERENCE,
OF THE FORMERLY
SEPARATE COLONY OF BRITISH COLUMBIA.
No. 11.   (131)
Proclamation by His Excellency James Douglas, Governor
and Commander-in-Chief of Her Majesty's Colony of British.
Columbia and its Dependencies. Proclamation, having the
force of Law, to enable the Governor of British Columbia to
convey Crown Lands sold within the said Colony.
[2nd December, 1858.]
WHEREAS by virtue of an Act of Parliament, made and passed
in the 21st and 22nd years of the Reign of Her Most Gracious
Majesty the Queen, by a Commission under the Great Seal of the
United Kingdom of Great Britain and Ireland, in conformity therewith, I, James Douglas, Governor of the Colony of British Colum-
hia, have been authorized by Proclamation issued under the Public
Seal of the said Colony, to make Laws, Institutions and Ordinances
for the peace, order, and good government of the same:
Now, therefore, I, James Douglas, Governor of British Columbia,
by virtue of the authority aforesaid, do proclaim, ordain, and enact,
that on and after the day of the date of this Proclamation, it shall
be lawful for the Governor, for the time being of the said Colony,
by any instrument in print, or in writing, or partly in print and
partly in writing, under his hand and seal, to grant to any person
or persons any Land belonging to the Crown in the said Colony;
and every such instrument shall be valid as against Her Majesty,
Her heirs and successors, for all the estate and interest expressed to
be conveyed by such instrument in the Lands therein described.
A. D. 1858.
Repealed by
No. 161. [No. 12.]
Judge's Indemnity.
[22 Vict.]
A.D. 1858.
Repealed by
No. 112.
No. 12.   (133)
Proclamation having the force of Law, &c.
[24$ December, 1858.]
WHEREAS by an Act of Parliament made and passed in the
Session of Parliament held in the 21st and 22nd years of the
reign of Her Majesty the Queen, intituled "An Act to provide for
the Government of BrrSsh Columbia," and by a commission under
the Great Seal of the United Kingdom of Great Britain and Ireland,
I, James Douglas, have been appointed Governor of the said Colony,
and have been authorized by Proclamation under the'Public Seal
of the said Colony, to make Laws, Institutions, and Ordinances for
the peace, order, and good government of the same:
And whereas Matthew Baillie Begbie has been duly appointed
to the office of Judge inBjritish Columbia, and has been .duly sworn
in to perform the duties of such office; and thev dispatch of public
business has hitherto rendered it convenient that he should reside
in Victoria, and may from time to time render it convenient that
he should have his temporary residence here:
And whereas doubts may arise ,as to the legal validity of any acts
done by the said Matthew Baillie Begbie, while resident out of
British Columbia:
Now, therefore, I, James Douglas, Governor of British Columbia,
do, by virtue of the aforesaid power in and by the said Act of Parliament and commission conferred on me, and in pursuance thereof
hereby ordain and enact that it shall and maybe lawful for the
said Matthew Baillie Begbie, while residing in Victoria, to make
and publish, and from time to time to alter or discharge any general rules or orders of Couctjiand in particular to make or discharge
rules and orders of Court.relating to the fees, poundage, and per-
•jqnisites to be taken on all of any legal process relating to suits in
jBriitish Columbia, and relating to the application thereof; and also
to issue any writareturnable in British.Columbia; jand also to make
and to hear orders on any application for granting i or -discharging
any writ of injunction or ne exeat; and also to perform any other
judicial act whereto he shall be from time to time specially commissioned by me, by a commission under the Public Seal of the
Colony (but no other judicial act), in the same manner as if the
said Matthew B. Begbie were at the time of making or issuing such
order or performing such judicial act, resident in British Columbia
aforesaid; and every such writ, order, or act shall have the same
force, effect, and consequences in all respects as if the said Matthew
B. Begbie were, at the time of the issuing, making, or performing
of the same, resident in British Columbia, and be obeyed, enforced,
and carried into effect accordingly.
54 [22 Vict.] Land, Customs, and Capital of.B. C.
[No. 13.]
A.D. 1859.
No. 13.   (136)
Proclamation by His Excellency James Douglas, Companion Repealed in part by
of the Most Honourable Order of the Bath, Governor and wholly by N0d
Commander-in-Chief of British Columbia.
[Uth February, 1859.]
WHEREAS it is expedient to publish for general information,
the method to be pursued with respect to the alienation and
possession of agricultural lands, and of lands proposed for the sites
of towns in British Columbia; and with reference also to the places
for levying Shipping and Customs Duties; and for establishing a
Capital and Port of Entry in the said Colony:
Now, therefore, I, James Douglas, Governor of the said Colony,
do proclaim and declare as follows, viz.:—
1. All the lands in British Columbia, and all the mines and
minerals therein, belong to the Crown in fee.
2. The price of lands, not being intended for the sites of towns,
and not being reputed to be mineral lands, shall be ten shillings
per acre, payable one-half in cash at the time of the sale, and the
other half at the end of two years from such sale. Provided, that
under special circumstances, some other price, or some other terms
of payment, may from time to time be specially announced for
particular localities.
3. It shall also be competent to the Executive, at any time, to
reserve such portions of the unoccupied Crown Lands, and for such
purposes as the Executive shall deem advisable.
4. Except as aforesaid, all the land in British Columbia will be
exposed in lots for sale, by public competition, at the upset price
above mentioned, as soon as the same shall have been surveyed and
made ready for sale. Due notice will be given of all such sales.
Notice, at the same time, will be given of the upset price and terms
of payment when they vary from those above stated, and also of
the rights reserved (if any) for public convenience.
5. All lands which shall remain unsold at any such auction may
be sold by private contract, at the upset price, and on the terms
and conditions herein mentioned, on application to the Chief Commissioner of Lands and "Works.
6. Unless otherwise specially notified at the time of sale, all such
sales of Crown Land shall be subject to such public rights of way
as may at any time after such sale, 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 specified by the Chief Commissioner of Lands and Works.
55 [No. 13.]
Land, Customs, and Capital of B. C.
[22 Vict.]
A. D. 1859. M Unless otherwise specially announced at the time of sale, the
  conveyance of the land shall include all trees and all mines and
minerals within and under the same, except mines of gold and
silver.
8. When any "Ditch Privilege" shall be granted, there shall be
included (unless excluded by express words) the right to lop, dress,
or fell any trees standing on unoccupied Crown Lands which, in
the opinion of the proprietors of the ditch, might by their accidental fall, or otherwise, endanger the safety of the ditch or any part
thereof.
Gold Claims.
9. Until further notice, gold claims and mines shall continue to
be worked subject to the existing regulations.
Capital of British Columbia.
10. It is intended with all dispatch to lay out and settle the site
of a city to be the Capital of British Columbia, on the right or
north bank of Fraser River.
11. Plans of the city are intended to be prepared and published
in the month of March next. Three-fourths of the whole number
of lots, excluding the public reserves, will be submitted in lots to
public competition, by auction in the month of April.    One-fourth
. of the whole number of lots, excluding the public reserves, will be
reserved in blocks for purchasers in the United Kingdom, Her
Majesty's Colonies in North America, and elsewhere. All of such
last mentioned lots which may not be disposed of in the United
Kingdom, or in Her Majesty's Colonies, other than British Columbia, will be submitted to public competition in this Colony, of which
due notice will be given.
12. As the Government is desirous of concentrating the commercial interests of the Colony in and around the capital, purchasers of
town lots in the said proposed capital who may be owners of town
lots in Langley, under the late sale of the 25th November last, on
which the whole amount of purchase money has been paid to the
Government, will, if so disposed, be allowed to surrender the lots
in Langley so purchased, and to have the price so paid to the
Government allowed them as payment in full for a lot or lots purchased by them in the said proposed capital of an equal or less
price in the aggregate, and as payment in part for lots in the said;
proposed capital of a greater price in the aggregate. Every such
surrender must be executed and delivered in writing, addressed to
the Chief Commissioner of Lands and Works in British Columbia,
at Victoria, Vancouver Island, one week, at least, previous to the
day appointed for the intended sale.
13. The proposed capital will be declared to be a Port of Entry
so soon as the necessary arrangements shall have been provided,
56 ]T22 Vict.]
Aliens.
[No. M.]
which will be done with all convenient dispatch. Custom House
Officers will then be stationed there, and vessels will be able to
proceed direct to Fraser River without touching at Victoria, or
may clear at Victoria, at their option.
14. The whole of the river frontage will be laid out in a continuous road, the edge of which it is contemplated, ultimately, to convert into a public quay. No quay will, however, be at present
constructed at the public expense, nor will the absolute property of
the soil' along the edge of the Water be now alienated by the Crown.
JBut the right to make and maintain quays of convenient sizes, and
to demand certain tolls and rates for the Use thereof, will be granted
to private individuals for the space of seven years; such rights will
be disposed of at public auction, at or immediately after the' sale of
town lots, to the bidder of the highest annual rent. No restrictions
will be placed on the lessee, as to the form or nature of the quays,
except such as shall be necessary to protect the public safety and
convenience.
A.D. 1859*
[NO. 14.   (138)
Proclamation by His  Excellency James Douglas, Companion
of the Most Honourable Order of the Bath, Governor and
Commander-in-Chief of British  Columbia.     Proclamation
having the force of Law in Her Majesty's Colony of British}
Columbia.
[Uth May, 1859.].
WHEREAS under and by virtue of an Act of Parliament, made
and passed in the session of Parliament held in the 21st and
22nd years of the Reign of Her Majesty Queen Victoria^ intituled
"An Act to provide for the Government of British Columbia,"
and by a Commission under the Great Seal of the United Kingdom
of Great Britain and Ireland, I, James Douglas, have been appointed Governor of the said Colony, and have been authorized by
Proclamation issued under the Public Seal of the said Colony, to
make Laws, Institutions, and Ordinances for the peace, order, and
good government of the same :
And whereas it is expedient to afford to Aliens, desirous of becoming naturalized British subjects, facilities for so doing; and,
also, to afford greater security and facility in possession and transferring of land, and for quieting of titles transmitted in part, or in
whole, through Aliens:
Now, therefore, I do hereby declare, proclaim, and enact as
follows,, viz.:
5T
. A.D. 1859,
Repealed by
No. 93. [No. 14.]
Aliens.
[22 Vict.]
A D 1859. !• Every Alien now residing, or who may hereafter come to
  reside in the said Colony, with intent to settle therein, and who
shall have actually resided therein, or in the adjacent Colony of
Vancouver Island, or partly in the one Colony and partly in the
other, for a continuous period of three years, without having been
during any portion of that time a stated resident in any foreign
country out of Her Majesty's Dominions, shall be entitled to procure himself to be naturalized in manner hereinafter described.
2. Every Alien desirous of becoming so naturalized, shall procure a declaration of residence and character, to be made and
subscribed by some British subject, in the Form marked A. in the
Schedule hereto. Such Alien shall, in the next place, make and
subscribe a declaration of residence, in the Form marked B. in the
said Schedule hereto, and shall also take the oath of allegiance to
Her Majesty and Her successors, in the Form marked C. in the
said Schedule.
3. Eveiy such declaration and oath. may be taken, made, and
subscribed before any Justice of the Peace acting in any part of the
Colony of British Columbia, or before any person appointed by
Her Majesty to be a Judge in British Columbia. Every such
declaration and oath shall be forthwith delivered to such Alien,
with the certificate at the foot thereof signed by such Justice of the
Peace, or by the Registrar of the said Judge, stating the compliance
on the part of the said Alien with the regulations hereinbefore
contained.
4. It shall be lawful for the said Alien to present all the said
documents, properly subscribed and filled up as aforesaid, in open
Court, on the first day of any Assizes or general sittings of the
Court of British Columbia, in any place in the said Colony; and all
such documents shall be then read aloud in open Court; and it
shall be lawful for the said Court, on the last day of the said Assizes or general sittings, to order all the said documents and proceedings to be entered, as of record, in the said Court; and thereupon such Alien shall be admitted and deemed, while within the
said Colony of British Columbia, to be thenceforth a British subject to all intents and purposes whatever, and to hold, enjoy, and
transmit all property, rights, and capacities, in the same manner as
if born within Her Majesty's Dominions.
5. Any woman (not a British subject previously to her marriage)
married to a British subject, whether by birth or naturalization
shall be deemed to be a British subject, naturalized as from the
date of her marriage, or of her husband's naturalization, which ever
event shall last happen.
6. The declarations hereinbefore referred to (the Forms whereof
are set forth in the Schedule hereunto) shall be deemed to be made
in accordance with.the Act 5 and 6, Wm. 4, c. 62, for the abolition
58 [22 Vict.]
Aliens.
[No. 14.]
of unnecessary oaths; and any wilful false statement made therein
shall be deemed perjury, and shall expose every person making
such false statement, or procuring the same to be made, to all the
penalties of perjury; and in addition to all such penalties, it shall
be lawful for the said Court, on motion by the prosecutor, on any
trial for perjury or subornation of perjury, in respect of any such
declaration, to declare null and void the naturalization based upon
such false declaration; and, thereupon, all such steps shall be taken
as shall be thought fitting by the said Court. Provided, nevertheless, that nothing shall affect the rights of any other person, derived
under the person whose naturalization is so annulled, unless such
other person shall have been cognizant of the perjury at the time
of acquiring the right.
7. There shall be paid to the Justice of the Peace before whom
such declarations and oaths as aforesaid shall be taken and subscribed, the sum of four • shillings, and no more, for each such
declaration and for such oath respectively; and by the Registrar of
the said Court for reading and recording the said certificate and
documents, the sum of six shillings, and no more; and for every
copy of such documents, the same amount as for an office copy of
any judgment of the said Court; 'and all such fees shall be applied
as any other fees payable to Justices and Registrars are applicable
by law or custom.
8. Every Alien shall have the same capacity to take, hold, enjoy,
recover, convey, and transmit title to lands and real estate of every
description in this Colony, as if he were, at the time of the passing
of this Act, a natural born British subject; and no person shall be
disturbed in the possession or precluded from the recovery of any
lands or real estate in this Colony, by reason only that some person
from or through whom he may derive his title was an Alien.
9. This Act may be referred to in all legal proceedings as
Aliens' Act, 1859."
'The
A.D. 1859.
THE SCHEDULE BEFORE REFERRED TO.
Form A.
I, M. N., of , do solemnly declare that I am a naturalized
British subject [or British born subject, as the case may be], and that I have
known A. B., of , a Prussian subject [or as the case may be] ever
since , and that the said A. B. has resided within the Colony
of for a period of [three years or upwards], that he is a person
of good character, and that there exists to my knowledge no reason why to the
said A. B. there should not be granted all the right and capacities of a natural
59 [No. 14.]
Aliens.
[22 Viot.]
A. D. 18591      born British subject;   and I make this solemn declaration conscientiously
—- believing the same to be true, and in compliance 'with the provisions of the
Statute made and passed in the Session of Parliament held in the 5th and 6th
years of the reign of the late King William IV., intituled "An Act for the
abolition of unnecessary paths."
(Signed)       M. N.
Declared and subscribed by the said M. N., before me, in pursuance of
an Act of the Imperial Parliament of the United Kingdom, 5 and 6,
William IV,, e. 62, and of the Proclamation of the 14th |day of May,
1859. And I hereby certify [that, to the best of my knowledge and
belief, the said A. B. has complied with the requisite formalities specified in such Proclamation, entitling him to be naturalized as a British
subject, and I know of no reason why he should not be so naturalized.
(Signed)       J. P„
J. P. for British Columbia, residing at , this
day of , 185    .
Form B.
I, A. B., do solemnly declare that I have resided three years in this Colony
[or in this Colony and the adjacent Colony of Vancouver Island, as the case
may be], with intent to settle in this Colony, and without having been during
that time a stated resident in any foreign country. And I make this solemn
declaration conscientiously believing the same to be true, and in compliance
With the provisions of the-Statute made and passed in the Session of Parliament
held in the 5th and 6th years of the reign of the late King William JV,
intituled "An Act for the abolition of unnecessary oaths."
(Signed)       A. B.
Declared and subscribed before me, in pursuance of an Act of the Imperial Parliament of the United Kingdom, 5 and 6, William IV., c. 62,
and of the Proclamation of the 14th day of May, 1859. And I hereby
certify that, to the best of my knowledge and belief, the said A- B. has
complied with the requisite formalities specified in such Proclamation,
entitling him to be naturalized as a British subject, and I know of no
reason why he should not be so naturalized.
(Signed)
J. P. for British Columbia, residing at
day of , 185    .
J. P.,
this
Form C.
Oath of Allegiance.
I, A. B., do swear that I will be faithful and bear true allegiance to Her
Majesty Victoria, of the. United Kingdom of Great Britain and Ireland, and
of the Dependencies and Colonies thereof ia Europe, Asia, Afrtea, America-.
60 [23 Viot.]
Land.
[No. 15.]
and Australasia, Queen, and that I will defend Her to the utmost of my power
against all conspiracies and attempts whatever, which shall be made against
Her Person, Crown, or Dignity; and I will do my utmost endeavour to disclose
and make known to Her Majesty, Her Heirs and Successors, all treasons and
traitorous conspiracies which may be formed against Her or them. And I do
faithfully promise to maintain, support, and defend, to the utmost of my power,
the succession of the Crown, which succession, by an Act intituled " An Act
for the further limitation of the Crown, and better' securing the rights and
liberties of the subject," is and stands limited to the Princess Sophia, Electress
of Hanover, and the heirs of Her body, being Protestants, hereby renouncing
»nd abjuring any obedience or allegiance unto any other person claiming or
pretending right to the Crown of the said Realm, and its Dependencies and
Colonies as aforesaid; and I do declare that no Foreign Prince, Person, Prelate,
State, or Potentate hath or ought to have any jurisdiction, power, superiority,-
pre-eminence, or authority ecclesiastical or spiritual, within the same or any
other part thereof. And I make this declaration upon the true faith of a
Christian.    So help me God.
(Signed)
A. B.
Sworn and subscribed by the said A. B., before me, this day of
, 185 . And I hereby certify that to the best of my
knowledge and belief, the said A. B. has complied with the requisite
formalities specified in the Proclamation of the 14th day of May, 1859,
entitling him to be naturalized as a British subject, and I know of no
reason why he should not be so naturalized.
(Signed)       J. P.,
Justice of the Peace for British Columbia, residing at ,
this day of , 186    .
A. D. 1859.
(170) and 144.
NO. 15.   (151)
Proclamation by His Excellency James Douglas, Companion     A D lg60
of the Most Honourable Order of the Bath, Governor and —
Commander-in-Chief of Her Majesty's Colony of British Repealed by
Columbia and its Dependencies, Vice-Admiral of the same,
&c., &c.
[4dh January, I860.]
WHEREAS by virtne of an Act of Parliament made and passed in
the 21st and 22nd. years of the reign of Her Most Gracious
Majesty the Queen, and by a Commission under the Great Seal of
the United Kingdom of Great Britain and Ireland, in conformity
therewith, I, James Douglas, Governor of the Colony of British
Columbia, have been authorized by Proclamation issued under the
Public Seal of the said Colony, to make Laws, Institutions, and
Ordinances for the peace and good government of the same:
61 [No. 15.]
Land.
[23 Vict.]
A. D. 1860. And whereas it is expedient, pending the operation of the survey
.  of agricultural lands in British Columbia, to provide means whereby
unsurveyed agricultural lands may be lawfully acquired by pre- '•
emption in British Columbia by British Subjects, and in certain j
cases to provide for the sale of unsurveyed agricultural land in ;
British Columbia by private contract:
Now, therefore, I, James Douglas, Governor of British Columbia,
by virtue of the authority aforesaid, do proclaim, order, and enact:—
1. That from and after the date hereof, British subjects and
aliens who shall take the oath of allegiance to Her Majesty and
Her successors, may acquire unoccupied and unreserved and unsurveyed Crown Lands in British Columbia (not being the site of
an existent or proposed town, or auriferous land available for
mining purposes, or an Indian Reserve or settlement, in fee simple)
under the following conditions:—
2. The person desiring to acquire any particular plot of land of
the character aforesaid, shall enter into possession thereof and
record his claim to any quantity not exceeding one hundred and
• sixty acres thereof, with the Magistrate residing nearest thereto,
paying to the said Magistrate the sum of eight shillings for recording such claim. S ach piece of land shall be of a rectangular form,
and the shortest side of the rectangle shall be at least two-thirds
of the longest side. The claimant shall give the best possible
description thereof to the Magistrate with whom his .claim his
recorded, together with a rough plan thereof, and identify the plot
in question by placing at the corners of the land four posts, and by
stating in his description any other land marks on the said one
hundred and sixty acres, which he may consider of a noticeable
character.
3. Whenever the Government survey shall extend to the land
claimed, the claimant who has recorded his claim as aforesaid, or
his heirs, or in case of the grant of certificate of improvement hereinafter mentioned, the assigns of such claimant shall, if he or they
shall have been in continuous occupation of the same land from the
date of the record aforesaid, be entitled to purchase the land so
pre-empted at such rate as may for the time being be fixed by the
Government of British Columbia, not exceeding the sum of ten
shillings per acre.
4. No interest in any plot of land acquired as aforesaid shaJlj
before payment of the purchase money, be capable of passing to a
purchaser unless the vendor shall. have obtained a certificate from
the nearest Magistrate that he has made permanent improvements'
on the said plot to the value of ten shillings per acre.
Upon the payment of the purchase money, a conveyance of the
• land purchased shall be executed in favour of the purchaser, re-
62 [23 Vict.]
Land.
[No. 15.]
serving the precious minerals with a right to enter and work the      a.. D 1865
same in favour of the Crown, its assignees and licensees. 	
6. Priority of title shall be obtained by the person first in occupation, who shall first record his claim in manner aforesaid.
7. Any person authorized to acquire land under the provisions
of this Proclamation, may purchase in addition to the land preempted in manner aforesaid, any number of acres not otherwise
appropriated, at such rates as may be fixed by the Government, at
the time when such land shall come to be surveyed, not to exceed
ten shillings per acre; five .shillings to be paid down, and the
residue at the time of the survey.
8. In the event of the Crown, its assigns or licensees, availing
itself or themselves of the reservation mentioned in Clause 5, a reasonable compensation for the wants and damage done shall be paid
by the person entering and working, to the person whose land shall
be wasted or damaged as aforesaid, and in case of dispute the same
shall be settled by a jury of six men to be summoned by the nearest Magistrate.
9. Whenever any person shall permanently cease to occupy land
pre-empted as aforesaid, the Magistrate resident nearest to the land
in question, may in a summary way, on being satisfied of such permanent cessation, cancel the claim of the person so permanently
ceasing to occupy the same, and record the claim thereto of any
other person satisfying the requisition aforesaid.
10. The decision of the Magistrate may be appealed by either
party to the decision of the Judge of the Supreme Court of Civil
Justice of British Columbia.
11. Any person desirous of appealing in manner aforesaid, may
be required, before such appeal be heard, to find such security as
may be hereafter pointed out by the rules and orders hereinafter
directed to be published.
12. The proceedure before the Magistrate and Judge, respectively,
shall be according to such rules and orders as shall be published
by such Judge, with the approbation of the Governor for the time
being of British Columbia.
13. Whenever a person in occupation at the^time of record aforesaid, shall have recorded as aforesaid, and he, his heirs or assigns,
shall have continued in permanent occupation of land pre-empted,
or of land purchased as aforesaid, he or they may, save as hereinafter mentioned, bring ejectment or trespass against any intruder
upon the land so pre-empted or purchased, to the same extent as
if he or they were seised of the legal estate in possession in the
land so pre-empted or purchased.
14. Nothing herein contained shall be construed as giving a right
63 pro. 16.]
Land.
[28 Viot/J
A. D. 1860.      to any claimant to exclude free miners from searching for any of
  the precious minerals, or working the same upon the conditions
aforesaid.
15. The Government shall, notwithstanding any claim, record,,
or conveyance aforesaid, be entitled to enter and take such portion
of the land pre-empted or purchased as may be required for roads
or other public purposes.
16. Water privileges, and the right of carrying water for mining
purposes, may, notwithstanding any claim recorded, purchase or
conveyance aforesaid, be claimed and taken upon, under, or over
the said land sopre-empted or purchased as aforesaid, by free miners
requiring the same, and obtaining a grant or license from the Gold
Commissioner, and paying a compensation for waste or damage to
the person whose land may be wasted or damaged by such water
privilege, or carriage of water, to be ascertained, in case of dispute,
in manner aforesaSd.■•"■
17. In case any dispute shall arise between persons with regard
to any land so acquired as aforesaid, any one of the parties in. difference may (before ejectment or action of trespass brought) refer
the question in difference to the nearest Magistrate, who is hereby
authorized to proceed in a summary way to restore the possession
of any land in dispute to the person whom he may deem entitled
to the same, and to abate all intrusions, and award and levy stteB.1;
costs and damages as he may think fit.
A. D. 1860.
Repealed by
No. 144.
NO. 16.    (153)
Proclamation by His Excellency James Douglas, Companion
of the Most Honourable Order of the Bath, Governor and
Commander-in-Chief of Her Majesty's Colony of British
Columbia and its Dependencies, Vice-Admiral of the same,
&c, &c.
[20th January, I860.]
TITHEREAS by virtue of an Act of Parliament, made and passed1
»' in the 21st and 22nd years of the Reign of Her Most Gracious
Majesty the Queen, and by a Commission under the Great Seal of
the United Kingdom of Great Britain and Ireland, in conformity
therewith, I, James Douglas, Governor of the Colony of British
Columbia, have been authorized by Proclamation, issued under the
Public Seal of the said Colony, to make Laws, Institutions, and
Ordinances for the peace, orders and good government of the same:
64 [24 Vict.]
Pre-emption Amendment.
[No. 17.]
And whereas it is expedient that town lots, suburban lots, and
surveyed agricultural lands in British Columbia, which have been,
or which may hereafter be, offered for sale at public auction, and
remain unsold, should be sold by private contract:
Now, therefore, I, James Douglas, Governor of British Columbia,
by virtue of the authority aforesaid, do proclaim, order, and enact
as follows:—
The Chief Commissioner of Lands and Works for the time being
for British Columbia, and all Magistrates, Gold Commissioners,
and Assistant Gold Commissioners, by the said Chief Commissioner
authorized in writing in that behalf, may sell by private contract
any of the lots and lands hereinafter mentioned, at the prices and
on the terms hereinafter respectively stated, viz.:—
(a.) Town and suburban lots which have been, or hereafter may
be, offered for sale at public auction, and remain unsold, at
the upset price, and on the terms at and on which the same
were offered for sale at such auction.
(b.) Agricultural lands, surveyed by the Government Surveyor,
which may or shall have been offered for sale at public
auction, and remain unsold, at ten shillings per acre, payable
one-half in cash at the time of sale, and the other half at the
expiration of two years from Buch sale.
And the purchaser of any agricultural land aforesaid, shall purchase, subject to such rights of way and water as may be
hereafter declared by some writing under the hand of the
Chief Commissioner of Lands and Works aforesaid.
A.D. 1860.
NO. 17.   (163)
Proclamation by His Excellency James Douglas, Companion
of the Most Honourable Order of the Bath, Governor and
Commander-in-Chief of British Columbia and its Dependencies,
Vice-Admiral of the same, &c, &c.
[19th January, 1861.]
WHEREAS by virtue of an Act of Parliament, made and passed
in the session of Parliament held in the 21st and 22nd years
of the Reign of Her Majesty Queen Victoria, entitled "An Act to
provide for the Government of British Columbia," and by a Commission under the Great Seal of the United Kingdom of Great
Britain and Ireland, I, James Douglas, have been appointed
Governor of the said Colony, and have been authorized by Proclamation issued under the Public Seal of the said Colony, to make
65
A.D. 1861.
Repealed by
No. 144. [No. 17.]
Pre-emption Amendment.
[24 Vict.]
A.D. 1861.
Lands purchased as
well as lands preempted shall be of
rectangular shape,
the shortest side being two-thirds the
length of the longest side.
The boundaries
shall be nearly as
may according to
the cardinal points
of the compass.
Natural boundaries
may be taken in certain instances.
When land is
bounded by a purchased or pre-empted claim, the line of
such claim may be
adopted notwithstanding any irregularity in said line.
Laws, Institutions, and Ordinances for the peace, order, and good
government of the same :
And whereas by the second section of the Proclamation issued
under the Public Seal of the said Colony, on the 4th day of January,
1860, it was (amongst other things) provided that the piece of land
therein authorized to be acquired by pre-emption should be of a
rectangular form, and the shortest side of the rectangle should be
at least two-thirds of the longest side:
And whereas it was also provided by the seventh section of the
said Proclamation, that any person authorized to acquire land under
the provisions of the said Proclamation mightpurchase, in addition,
any number of acres not otherwise appropriated:
And whereas it is expedient that land purchased under the provisions of the said Proclamation should be of the same form as land
acquired by pre-emption by virtue of the said Proclamation :
And whereas it is expedient that persons acquiring land, either
by purchase or pre-emption, should upon payment of the price of
the land acquired be enabled to obtain a conveyance thereof;
And whereas it is expedient to make further provisions with
regard to the form of land acquired under the provisions of the
said Proclamation as well by pre-emption as purchase:,
Now, therefore, I do declare, proclaim, and enact as follows :—
1. That land sought to be acquired, either by purchase or preemption, under the provisions of the said Proclamation of the 4th
day of January, 1860, shall be of a rectangular form, and the shortest side of the said rectangle shall be two-thirds the length of the
longest side, as provided in the said Proclamation touching land
sought to be acquired by pre-emption.
2. The boundaries shall also run as nearly as possible by the
cardinal points of the compass.
3. "Where the land sought to be acquired is in whole or in part
bounded by mountains, rocks, lakes, swamps, or the margin of a
river, or by other natural boundaries, then such natural boundaries
maybe adopted as the boundaries of tbe land sought to be acquired,
and in such case it shall be sufficient for the pre-emptor or purchaser to show to the satisfaction of the Magistrate in the said
Proclamation last mentioned, that the said form conforms as nearly
as circumstances permit to the provisions of the said Proclamation.
4. If the land sought so be acquired be bounded by a purchased
or pre-empted claim, the line of such purchased or pre-empted
claim may be adopted by the person so seeking to acquire, notwithstanding any irregularity in such line which may have been
occasioned by the person's adoption of a natural boundary by the
purchased or pre-empted claim.
66 [24 Vict.]
Pre-emption Amendment.
[No. 17.]
5. Where a piece of land, not exceeding one hundred and sixty
acres in area, is partially or entirely enclosed between two or more
claims, the person seeking to pre-empt or purchase, may pre-empt
or purchase such enclosed piece, notwithstanding any irregularity
of form or disproportion in length of any of the sides.
6. The Chief Commissioner of Lands and Works may, from time
to time, appoint sworn Surveyors to survey the piece of land
acquired under the provisions of the said recited Proclamation, and
shall administer to them the oath set forth in the Schedule hereto,
and shall also acquire from each of them' security to the value of
£100, that they will well and efficiently survey such piece of land
as they may be required to survey.
7. Any person desirous of paying for any land acquired by him
or her, may apply to the Chief Commissioner of Lands and Works
to appoint a sworn Surveyor to survey the said land at the expense
of the applicant.
8. The sworn Surveyor shall make an accurate survey of the
said land, and report thereupon to the Chief Commissioner of
Lands and Works, and the Chief Commissioner of Lands and
Works may, if the title of the applicant be clear and undisputed,
receive payment for the same land, and a conveyance may thereupon be issued to the applicant.
9. The report of a sworn Surveyor may also be received as
evidence upon an application for a certificate of improvement.
10. The Chief Commissioner of Lands and Works may issue a
scale of remuneration to be paid to the sworn Surveyor.
11. This Proclamation may be cited for all purposes as "The
Pre-emption Amendment Act, 1861."
A.D. 1861.
Land enclosed partially or entirely
between two or
more claims, and
not exceeding 160
acres in area, may
be purchased or
pre-empted, notwithstanding irregularity of form or
disproportion in
length of sides.
Sworn Surveyors.
Application for
sworn survey may
be made to Chief
Commissioner of
Lands and Works.
Sworn Surveyor to
make survey and
report, on which a
conveyance may be
issued.
Sworn Surveyor
may report on improvements.
Scale of remuneration.
Short Title.
SCHEDULE.
1, A. B., of
lorm of Oath.
, do hereby make oath that I will, whilst acting
as Sworn Surveyor, make the surveys which I may be appointed to make by
the Chief Commissioner of Lands and Works, in a true, faithful, and accurate
manner, and will report in like manner the surveys so made.
67 [No. 18.]
Country Land.
[24 Vict.]
A.D. 1861.
Repealed by
No. 144.
Repeal of so much
of the Proclamation
of the 20th January
1860, as fixes the
price of land in B.O.
at 10s. per acre.
Price of unsurveyed
lands to be 4s. 2d.
per acre,
No. 18.   (163a)
Proclamation by His Excellency James Douglas, Companion
of the Most Honourable Order of the Bath, Governor and
Commander-in-Chief of British Columbia.
[19th January, 1861.]
WHEREAS under and- by virtue of an Act of Parliament, made
and passed in the session of Parliament held in the 21st and
22nd years of the Reign of Her Majesty Queen Victoria, intituled
"An Act to provide for the Government of British Columbia,"
and by a Commission under the Great Seal of the United Kingdom
of Great Britain and Ireland, I, James Douglas, have been appointed Governor of the said Colony, and have been authorized by
Proclamation issued under the Public Seal of the said Colony, to
make Laws, Institutions, and Ordinances for the peace, order, and
good government of the same :
And whereas by a Proclamation issued under the Public Seal of
the said Colony, on the 4th day of January, 1860, the price of unsurveyed land acquired by purchase or pre-emption, under the
provisions of the said Proclamation, was stated to be at such rate
as might for the time being be fixed by the Government of British
Columbia, not exceeding the sum often shillings per acre:
And whereas by a Proclamation issued under the Public Seal of
the said Colony, on the 20th day of January, 1860, the price of
agricultural land, surveyed by the Government Surveyor, which
may or shall have been offered for sale at public auction and remain
unsold, was fixed at ten shillings per acre, payable one-half in cash
at the time of sale, and the other half at the expiration of two
years from the time of sale :
And whereas I have been empowered by Her Majesty's Government to lower the price of Country Lands in British Columbia, in
all cases, to the sum of four shillings and two pence (4s. 2d.) per
acre:
Now, therefore, I do hereby declare, proclaim and enact as
follows:—
1. So much of the said Proclamation of the 20th day of January
1860, as fixed the price of surveyed agricultural land at ten shillings
per acre, is hereby repealed.
2. The price of all unsurveyed country land in British Columbia,
whether acquired by pre-emption or purchase under the Proclamation dated the 4th day of January, 1860, shall be four shillings and
two pence (4s. 2d.) per acre.
G8 [24 Vict.]
Preemption Purchase.
3. The upset price of all country lands in British Columbia, exposed for sale at public auction, shall be four shillings and two
pence (4s. 2d.) per acre.
4. This Proclamation may be cited for all purposes as the "Coun
try Land Act, 1861."
No. 19.   (167)
Proclamation by His Excellency James Douglas, Companion
of the Most Honourable Order of the Bath, Governor and
Commander-in-Chief of British Columbia and its Dependencies, Vice-Admiral of the same, &c, &c.
[28th May, 1861.]
WHEREAS under and by virtue of an Act of Parliament, made
and passed in the session of Parliament held in the 21st and
22nd years of the Reign of Her Majesty Queen Victoria, entitled
"An Act to provide for the Government of British Columbia," and
by a Commission under the Great Seal of the United Kingdom of
Great Britain and Ireland, I, James Douglas, have been appointed
Governor of the said Colony, to make Laws, Institutions, and
Ordinances for the peace, order, and good government of the same,
and
Whereas by the " Country Land Act, 1861," the price of all unsurveyed Country Land in British Columbia, whether acquired by
pre-emption or purchase, under the Proclamation dated the 4th day
of January, 1860, was fixed at four shillings and two pence per
acre: and
Whereas it is inexpedient that any person, other than a bona fide
settler, should take up land under the said Proclamation, and without the occupation and improvement necessary under the said
Proclamation to complete his title as a pre-emptor:
Now, therefore, I do hereby declare, proclaim, and enact as
follows, viz::
That all persons who may, after the date hereof, purchase land
under the provisions of the Proclamation of the 4th day of January,
1860, or the " Country Land Act, 1861," shall hold the same under
precisely the same terms and conditions of occupation and improvement as are mentioned in the said Proclamation of the 4th day of
January, 1860, with regard to lands pre-empted without purchase.
No person shall be entitled to hold by pre-emption more than
one hundred and sixty acres under the said Proclamation, or any
of them, at one time.
If any person, being already registered as a pre-emptor, pre-empt
any other land under the provisions of the said Proclamation [No. 20.]
Land Registry.
[25 Vict.]
A. D. 1861.      lan<l so previously pre-empted shall ipso facto be forfeited, and shall
  with all improvements made thereon be open to settlement by any
other person.
This Proclamation may, on all occasions, be cited as the "Preemption Purchase Act, 1861."
A. D. 1861.
Extended by
No. (208) and repealed by 143.
Preamble.
Offices in New Westminster and other
Districts in British
Columbia.
Appointment of
Registrar General
and Registrars for
Districts.
No. 20.   (169)
Proclamation by His Excellency James Douglas, Companion
of the Most Honourable Order of the Bath, Governor and
Commander-in-Chief of British Columbia and its Dependencies, Vice-Admiral of the same, &c, &c.
[26i!A August, 1861.]
WHEREAS under and by virtue of an Act of Parliament made
and passed in the session of Parliament held in the 21st and
22nd years of the reign of Her Majesty Queen Vietoria, entitled
"An Act to provide for the Government of British Columbia," and
by a Commission under the Great Seal of the United Kingdom of
Great Britain and Ireland, I, James Douglas, have been appointed
Governor of the said Colony, and have been authorized by Proclamation under the Public Seal of the said Colony, to make
Laws, Institutions, and Ordinances for the peace, order, and good
government of the same:
And whereas for the more effectually securing the title to and
facilitating the transfer of real property in the Colony of British
Columbia it is expedient to provide the means of registering matters affecting the same:
Now, therefore, I do hereby declare, proclaim, and enact as
follows:—
1. There shall be established in New Westminster and in such
other Districts in British Columbia as may from time to time be
nominated by the Governor by Proclamation under his hand and
the public seal of the Colony, Offices for the Registration of Instruments in writing affecting Real Estate in the Colony, and the office
in New Westminster shall be styled " The Land Registry Office,"
and the other offices shall be styled the "District Land Registry
Offices," with the addition of the names of the Districts wherein
the same are established.
2. It shall be lawful for His Excellency the Governor to appoint
by commission under the public seal of the Colony, proper persons
to perform the duties of the said offices, who Bhall be styled the
•70 [25 Vict.]
Land Registry.
[No. 20.]
"Registrars," and also upon any vacancy in the said offices to
appoint from time to time in like manner other proper persons to
be the Registrars.
The Registrar appointed at New Westminster shall be styled
" Registrar General of British Columbia," and shall have the superintendence of all the said offices.
3. The Magistrates in British Columbia may be appointed
Registrars pro tempore.
4. There shall be provided at the public expense houses or other
places convenient for carrying on the business of the said offices,
with all proper means for making and preserving the records and
registers hereinafter directed to be made and kept, and also seals
of office with suitable devices, whereon shall be inscribed " Land
Registry Office," with the addition of the name of the District
wherein the same is situate; the said seals shall be in the custody
of the Registrars for the time being, to be used in their official
capacity only, and they shall be responsible for the safety and use
thereof and judicial notice shall be taken in all Courts of the impressions thereof without any evidence of such seal having been
impressed, or any other evidence in relation thereto.
5. The Registrar General shall from time to time, by writing
under his hand and official seal, appoint a Deputy who may perform
the duties of the office, but all the official acts of the said Deputy
shall be in the name of the Registrar General who shall be responsible for the same. The instrument under which such Deputy
shall be appointed shall be deposited among the records of the
office for public reference. And in case of a vacancy in the office
of Registrar General, the Deputy shall during such vacancy perform
the duties of the office as the Registrar General, and until a successor be appointed.
6. Before entering upon the duties of their offices the Registrars
and Deputy Registrar shall find good and sufficient bonds conditioned for the faithful performance of their duties, and shall take
the oaths of allegiance and supremacy, and shall be sworn to the
faithful performance of their duties before entering thereon.
7. There shall be paid to the Registrar General an annual salary
not to exceed the sum of five hundred pounds, to the Deputy and
Registrars an annual salary not to exceed three hundred pounds,
and an adequate remuneration to each of the Magistrates appointed
Registrars.
8. The office at New Westminster shall be opened on the 1st day
of November, 1861, and the other offices shall be opened on the
28th day next after the Proclamations of nomination respectively,
and until the opening of the District Offices the registration of all
instruments affecting real estate in British Columbia shall be
effected at the Land Registry Office at New Westminster.
71
A.D. 1861
Magistrates may be
appointed District
Registrars.
Places of business.
Seals of office to be
kept and impressions thereof to be
taken judicial notice
of.
Deputy Registrar.
Registrar's bonds
and oaths.
Salaries.
Date of opening
office at New Westminster and in
other Districts. [No. 20.]
Land Registry.
[25 Vict.]
A.D. 1861.
AU instruments
affecting real estate
in a District are to
be registered in the
District office when
nominated.
Office hours.
Registration of instruments affecting
real estate.'
Upon the opening
of a District office
a transcript of registrations in that District to be sent to
the District Registrar.
Custody and preservation of records.
To entitle instruments to be registered.
Acknowledgments
of proofs of execution to whom to be
made within the
Colony and within
the British Dominions. If acknowledged without the
British Dominions.
9. Erom and after the nomination of a District and the opening
of an office therein as aforesaid, all instruments affecting any real
estate in the said District shall be registered in the office of such
. District, and in none other.
10. The place of business of the said offices shall be kept open
every day in the year, except Saturdays, Sundays, Good Friday,
Christmas Day, New Year's Day, and such other public holidays
and fast days as are or may by Law or Proclamation from time to
time be declared in the Colony, from the hour of 10 o'clock in the
morning to the hour of 4 o'clock p.m.
11. It shall be the duty of the Registrars when requested, and
upon payment of the proper fees, to register or cause to be registered all instruments in any manner affecting real estate situate
within their respective Districts or the title thereto, which shall be
certified as herinafter required, by correctly transcribing or copying
the same, with the certificates endorsed thereon or attached thereto,
word for word, letter for letter, figure for figure, sign for sign, and
erasure for erasure, in books appropriate to the titles respectively
endorsed on such instruments.
12. Upon the opening of a District Office, a transcript of the
registrations affecting real estate in such District prior to such
opening, shall be sent to the Registrar of such District from the
Registrar General's Office, and shall be kept in such District Office
as part of the records of such office.
13. The Registrars shall have the custody of and shall safely keep
and preserve all the records, the furniture and seal of their offices,
but shall not be responsible if the same are lost or destroyed by
fire or other inevitable accident.
14. Before any instrument, other than a decree, judgment, or
order of a Court of civil jurisdiction, is registered, and to entitle
the same to be registered in the said office, the execution thereof
shall first have been acknowledged or proved in the manner hereinafter provided; such fact of acknowledgment or proof shall
appear by a certificate under the hand and seal of the proper officer,
or other person authorized to take such acknowledgments, endorsed
upon or attached to such conveyance, deed, or other instrument.
15. The acknowledgment or proof of execution of all instruments
hereby authorized to be registered, if acknowledged or proved
within the Colony, may be made to any Registrar, or to any person
commissioned in that behelf by the Judge of the Supreme Court of
Civil Justice of British Columbia; and if acknowledged or proved
without the Colony and within the British Dominions, may be
made to any Judge of a Court, or Clerk or Registrar of any Court
having a seal, or to any Notary Public, or to any Magistrate of any
Town or District within the said Dominions;  and if acknowledged [25 Vict.]
Land Megtstrjf.
[No. 20.]
or proved without the British Dominions, may be inacle' to any
British Ambassador, Charge d'Affaires, or Minister, Consul, Or
Consular Agent appointed to reside in the country where aiitm
acknowledgment or proof is made, or to any Judge of any Court
of Record having a seal, or to any Notary Public pf&ctis'ihg. in
such country.
16. The Judge of the Supreme Court of Civil Justice, for the
time being, may appoint by a Commission such and as many competent persons, other than the persons before mentioned, as may
be necessary for the accommodation of the public, to take the
acknowledgment and proof of the execution of all instruments in
writing, within the Colony, which may by law be registered.
17. No acknowledgment of the execution of any instrument
affecting any real estate within this Colony shall be taken, unless
the party offering to make such acknowledgment shall appear
before the officer taking the same, and unless such party shall
either be personally known to the officer, or his identity be proven
by the oath or affirmation of a competent witness; and no certificate of acknowledgment shall be valid unless it recites in substance
and legal effect the facts required by this Section.
18. Acknowledgments and proofs of the execution of instruments
■ entitled to be registered may, for the purposes of this Act, be
made by
(1.) The party executing in person such instrument.
(2.) The Attorney in fact, when such instrument is executed by
an Attorney in fact.
(3.) The Secretary of any Corporation, when such instrument is
executed by such Secretary.
(4.) A subscribing witness to such instrument.
Provided, always, that no acknowledgment of any party executing in person such conveyance, deed, or other instrument, shall be
.taken, unless in addition to what is required by Section 17 of this
Act, such party acknowledge that he is the person mentioned in
Such instrument as the maker thereof, and whose name is subscribed thereto as a party, that he knows the contents thereof, and that
he executed the same voluntarily; and ho certificate of acknowledgment shall be valid unless in addition to what is required by
Section 17 to be recited, it recites in substance and legal effect the
facts required by this proviso. And, provided also, that no acknowledgment by an attorney in fact shall be taken, unless in addition
to what is required by Section 17 of this Act, such attorney in fact
shall acknowledge that he is the person who subscribed the name
of (naming the maker) to the instrument, that said (naming the
maker) is the same person mentioned in the instrument as the
<makei? thereof, that (naming the attorney in fact) knows the contents of the instrument, and subscribed the name of (naming the
73
A. D. 1861.
Judge of Supreme1
Court to appoint
officers to take
acknowledgments.
Party acknowledging must either be
known to officer
taking acknowledge
ment or identity
proven.
Who may make acknowledgments, what
facts to be acknowledged, and forms
and contents of certificates. A. D. 1861.
Registrar General
may subpoena party
or witness to testify.
[No. 20.] Land Registry. [25 Vict.]
maker) thereto voluntarily as the free act and deed of the said
(naming the maker); and no certificate of such acknowledgment
shall be valid unless in addition to what is required by Section 17
to be recited, it shall recite in substance and legal effect the facts
required by this proviso. And, provided also, that no acknowledgment by the Secretary of any Corporation shall be taken unless, in
.addition to what is required by Section 17 of this Act, such Secretary acknowledge that he is the person who subscribed his name
and affixed the seal of such Corporation as the Secretary, to such
instrument, and that he was first duly authorized to subscribe and
affix the said seal to the same; and no certificate of such acknowledgment shall be valid unless, in addition to what is, required by
Section 17 to be recited, it recites in substance and legal effect the
facts required by this proviso. And, provided also, that no acknowledgment by a married woman shall be taken unless, in addition to
what is required by Section 17, such married woman shall be first
made acquainted with the contents of the instrument, and the
nature and effect thereof, and shall acknowledge on examination,
apart from aDd out of hearing of her husband, that she knows the
contents of the instrument, and understands the nature and effect
thereof, that she executed the same voluntarily, without fear, or
compulsion, or undue influence of her husband, that she is of fullf
age and competent understanding, and does not wish to retract the
execution of the same; and no certificate of such acknowledgment
shall be valid unless, in addition to what is required by Section 17
to be recited, it recites in substance and legal effect the facts
required by this proviso. And, provided also, that no acknowledgment or proof by a subscribing witness shall be taken unless, in
addition to what is required by Section 17 of this Act, such subscribing witness shall acknowledge that he is the person whose
name is subscribed to the instrument as a witness, and shall prove
"that (naming the maker) whose name is subscribed thereto as the
maker did execute the same; and no certificate oi such acknowledgment or proof shall be valid unless, in addition to what is
required by Section 17 to be recited, it recites in substance and
legal effect the facts required by this proviso.
19. That, upon the application of any person taking any grant,
lease, mortgage, or charge, under or by virtue of any instrument
entitled under this Act to be registered, or of any person claiming
utider such last mentioned person, verified under the oath of the
applicant, that any party or witness to such instrument, residing or
being within twenty miles of any office, refuses to appear and
acknowledge or testify touching the execution thereof, and that
such instrument cannot be registered without such acknowledgment or testimony, the Registrar may issue a notice in writing
requiring such party or witness to appear before him, and to
acknowledge or testify.
74 [25-Vict.]
Land Registry.
[No. 20.]
20. That every person who, after having been served with such
notice as aforesaid, shall refuse or neglect to appear without reasonable cause assigned, or appearing shall refuse to acknowledge or
answer upon oath or affirmation touching the matter aforesaid,
shall be liable to a penalty not exceeding £20 sterling, which may
be recovered before any Justice of the Peace in a summary way,
and for such damages as may be sustained by such party on account
of such neglect or refusal; but no person shall be required to attend
unless his reasonable expenses shall have been first tendered to him,
together with a reasonable sum for his loss of time.
21. That it shall be competent for the Supreme Court of Civil
Justice aforesaid, to issue a Commission for taking the deposition
of any subscribing witness to any instrument entitled under this
Act to be registered, in the same manner as for taking the testimony of any witness in a cause pending before it; and that all the
co^ts of such Commission, and all directions for executing the same
shall be at the discretion of the said Court, regard being had to the
general provisions of this Act.
22. When any instrument, authorized by law to be registered,
shall be deposited in "the Registrar's Office for registration, the
Registrar, or in the case of the Registrar General, the Registrar
General or his Deputy shall endorse upon the same the exact time
when it was so deposited, noting the year, month, day, hour, and
minute of its reception, which shall be considered the date of registration, and when the same shall have been registered, shall also
note at the foot of the register or record thereof, the year, month,
day, hour, and minute when it was deposited for registration, and
shall sign the record thereof, and shall also note under his signature and seal, upon each instrument registered, the book and pages
of the book in which, and the time when, it is registered, before it
is returned to the party entitled to the same.
23. From the time any instrument affecting real estate, acknowledged and certified as required by this Act, shall be delivered to a
Registrar, or in case of the Registrar General to him or his Deputy
Registrar, for registration, all persons shall be deemed to haxe
notice of the contents and legal effect of such instrument.
24. No person, other than the actual parties thereto, shall be
deemed to have notice of any instrument affecting real estate in
the said Colony executed after the said 1st day of November, 1861,
unless the same be acknowledged or proved and certified, and registered pursuant to this Act, and every instrument hereafter made
which shall not be acknowledged or proved, certified, and registered pursuant to this Act, shall be void as against any subsequent
purchaser or incumbrance of the same real estate who shall have
registered the instrument under which his title as purchaser or incumbrance arises previously; provided always that nothing herein
75
A.D. 1861.
Penalty for refusing
to obey subpoena or
to acknowledge or
testify. When not
bound to obey subpoena.
Commission may
issue to take deposition.
Registrar's duty on
receipt of instruments.
Registration to impart notice.
Unregistered con-
veyauce &c. not to
impart notice to
third parties. [No. 20.]
Land Registry'.
[25 Vict.J
A. D. 1861.
Lisa &c.r when released to be satisfied
of Record.
Power not to be revoked until revocation is registered.
Revocation by death
insanity &c., not to
revoke until registration of an affidavit.
Registrar to register
affidavit accordingly. <
Original Deed duly
acknowledged may
be read in evidence.
Certified copies of
Deeds to have the
force of originals in
certain cases.
contained shall be construed to impair the power of the Court of
Chancery to grant relief upon bill filed charging actual fraud or
conspiracy.
25. Whenever any lien or incumbrance registered as aforesaid,
affecting any real estate shall be released, satisfied or discharged,
it shall be the duty of the person for whom such release, satisfaction, or discharge moves, to give to the person in whose favour the
same is made an instrument in writing acknowledging the same to
have been made, and such instrument shall be acknowledged or
proved and certified as hereinbefore required.
And if any person whose duty it is to give such release, satisfaction, or discharge, refuses or neglects for the space often days after
being thereto requested by the party entitled to the same to execute
and acknowledge such instrument, he shall be liable to a like
penalty of twenty pounds as aforesaid, to be levied in manner aforesaid, and also for all actual damages occasioned by such neglect or
refusal.
26. No power of attorney when registered as required by this
Act, shall be deemed to be revoked by any act of the grantor
thereof until the instrument containing such revocation, acknowledged or proved and certified in the manner required by this Act,
shall be delivered for registration.
27. The death, insanity^ bankruptcy, or insolvency of any maker
of a power of attorney, or the marriage of any female maker of a
power of attorney,, shall not be deemed to revoke such power of
attorney as far as. any real estate in any district in British Columbia
is concerned, until an affidavit of such death, insanity, bankruptcy,,
or majrfiage shall have been served upon the Registrar General or
histDeputy, and the Registrar of each District in which such real-,
estate is situate.
28. It shaftl be the duty of every Registrar or Deputy Registrar,
served withisuch affidavit as last aforesaid, immediately to register!
the same in an affidavit book to be kept for that purpose,, and to
write on the pages of the register on which such power of attorney?
is registered, a note to the effect following;: " alleged to be revokpdi
by" (death, insanity, &c, &c.,) see registered affidavit (page
affidavit book, volume ).
29. Every instrument which shall be acknowledged, or proved
and certified, as in this Act prescribed, may, together with the cer-.
tificate of acknowledgment or proof, be read in evidence in aJh
Cbnrts of Law and Equity, without further proof of execution.
30. Copies of all'instruments, duly deposited for registration, or
registered in a Registrar's office, certified by the Registrar, or incase of the Registrar General's office, by him or the Registrar Gen-1
eifai's Deputy, to be full, true, and correct copies may, in the absence-
76- [25 Vict.]
Land Registry.
[No. 20.1
rif the original, and if produced by a party not having the Control      A.D. 1861.
of the original, be real in evidence in all Courts of Law and 	
Equity, without further proof.
31. The certificate of any Officer authorized to take acknowledg- Certificate of ac-
ments pursuant to this Act, shall be prima facie evidence of the 5^&eta!J«toi!
facts therein recited, but shall not be conclusive.
32. Each Registrar shall form  and keep indices in separate indices to be kept,
volumes, in such manner as to afford correct and easy reference to
the several records of his office.
b3. It shall be the duty of the Registrars, upon the application of Registrar to make
any person set forth in distinct and specific terms iit-wtiti me. to make searches and to fur-
.„.,. n .,        -, . .     , .        „        nish certificates
searches tor all instruments deposited and registered in his office, thereof,
touching or affecting the real estate specified in such application, and
to furnish a certificate of every such search, stating the names of the
parties to such instruments, the dates thereof, the year, month, day,
hour, and minute they were deposited or registered, and the book
and page where they are registered.
34. Eor the official services rendered by the Registrars, they are peea 0f office,
hereby authorized and empowered to charge thefollowirig fees, viz:
Eor taking the acknowledgment or proof of any instrument which
may by law be registered, for each signature of a party, if
more than one, four shillings, if only one signature, eight
shillings, including a certificate of acknowledgment of execution in both cases.
For administering an oath, four shillings.
For endorsing the time of depositing any instrument, and for
noting the same in the record, and for endorsing the registration thereof upon every such instrument, two shillings.
For registering any instrument, for every folio of one hundred
words and figures therein, each and every figure to count as
a word, three shillings; fractions of a folio to count as a folio.
For making in the indices the several entries of instruments
registered, required by law to be indieed, for every such
instrument, two shillings and six-pence.
For the use of the records for inspection and examination by
persons desiring to inspect the same, for every such inspection and examination at one time, one shilling.
For making certified copies of all instruments, matters, and things
deposited and of record in the office, the same fees as for
registering instruments.
For every subpoena, four shillings.
For every official certificate, four shillings.
For registering plans, maps, charts, surveys, di&gpams, schedules,
drawings, and other writings, matters, and things not herein
77 [No. 20.]
Land Regisiiy.
[25 Vict.]
A.D. 1861.
Anthority to alter
fees under certain
conditions.     -
Fees to be prepaid.
Meaning of certain
words, expressions,
and terms in this
Act.
E cceptions as to
conveyances made.
enumerated and mentioned, and for making certified copies
of such, and for making searches, and for all other services,
not herein specified to be rendered by the Registrars, such
fees to be charged as may be agreed upon between them and
the party requiring the performance of the same; and in
case of difference, the fees to be determined under the direction of the Judge of the Supreme Court, whose decision
shall be final.
For persons not connected with the office making for themselves
transcripts or extracts from the records, no charge, but the
making of such transcripts and extracts to be allowed only
subject to such rules as shall be established by the Registrar
General as aforesaid, and which shall be suspended in the
. office for the information of the public.
35. It shall be lawful for the Registrar General, from time to
time, as he shall see fit, with the sanction of the Supreme Court of
Civil Justice, to change the amount of any of the aforesaid fees,
and to establish such other and reduced or additional fees as may
be deemed expedient; provided, that a list of all such changes and
additions shall, when made and sanctioned, be laid before the
Governor within a fortnight; and, provided also, that a similar list
shall be suspended in a conspicuous place in the Registrar General's
office for one calendar mouth, at least, before the same shall come
into operation, after which period it shall be lawful for the Registrars to charge and recover such altered fees.
36. The Registrars shall not be bound to receive or register any
instrument, or furnish any copies, or make any search, or render
any service connected with their offices until the fees for the same,
as prescribed by law, are first paid or tendered.
The Registrars shall keep a strict account of all fees received in
their offices, and shall, quarterly, pay over all such fees to the Colonial Treasurer, whose receipt in writing will be a sufficient discharge for the same; and such fees, when so received by the said
Treasurer, shall form part of the public moneys belonging to the
Colony.
37. Iu the construction of this Act, the following words used
therein shall have the following meanings, unless there be something repugnaut or contradictory in the context, viz.: "Real Estate"
shall include lands, tenements, and hereditaments, whether corporeal or incorporeal. "Instrument" shall include every deed or
agreement in writing, and every judgment, decree, or order of any
Court of civil jurisdiction in British Columbia.
38. Nothing hereinbefore contained shall be deemed to apply to
any instrument, of whatever nature, made before the said 1st day
of November, 1861, but any instrument made prior to the said 1st
of November, 1861, although not acknowledged or proved and
78 [25 Vict.]
Pre-emption Consolidation.
[No. 21.]
f certified as provided in this Act, may be registered in the offices of     A. D. 1861.
-the said Registrars; and all such last mentioned records shall be 	
: made and kept in a manner, as nearly as may be, the same as herein appointed for instruments of a like nature, dated subsequently
to the 1st day of November, 1861.
And indices shall also be kept thereof, as nearly as may be,
similar to those herein appointed for instruments dated subsequently
to the said 1st day of November, 1861, but all such records and
indices shall be kept separate >and distinct from the records and
indices relating to instruments made subsequently to the said 1st
day of November, 1861.
Arid all persons shall be deemed to have notice of any instrument
executed prior to the said 1st day of November, 1861, which shall
be registered pursuant to this Section, from the time the same shall
be delivered to the Registrar General for registration.
39. This Act may be cited as the "British  Columbia Land snort Title.
Registry Act, 1861."
No. 21.   (170)
Proclamation by His Excellency James Douglas, Companion     ^. d 1861.
of the Most Honourable Order of tbe Bath, Governor and Kepeale7~~^y   $0
Commander-in-Chief of British   Columbia and its  Depen- (2410
dencies, Vice-Admiral of the same, &c, &c.
[27th August, 1861.]
TT7HEREAS under and by virtue of an Act of Parliament made
»» and passed in the session of Parliament held in the 21st and
■22nd years of the reign of Her Majesty Queen Victoria, entitled
"An Act to provide for the Government of British Columbia," and
by a Commission under the Great Seal of the United Kingdom of
Great Britain and Ireland, I, James Douglas, have been appointed
Governor of the said Colony, and have been authorized by Proclamation under the Public Seal of the said Colony, to make
Laws, Institutions, and Ordinances for the peace, order, and good
government of the same:
And whereas it is expedient to amend and consolidate the Laws
affecting • the settlement of unsurveyed Crown Lands in British
Columbia:
Now, therefore, I do hereby declare, proclaim, and enact as
follows:—
79 A.D. 1861.
Repeal of former
Proclamations.
Purchasers since the
20th  June, to hold
on the ordinary
terms of pre-emption.
British subjects,
and aliens who shall
take the oath of
allegiance, may
acquire the right to
hold land, and to
purchase the same
when surveyed, on
certain conditions.
The settler shall
enter into possession
and record his claim
to any quantity not
exceeding 160 acres.
A heHer of-lagd
may acquire additional land eontig-
'fioiis to the 160
acres, by paying an
instalment of the
purchase money.
Proposing purchaser shall hold
and record.
Description of the
(and, how to be
stated.
Rectangular shape,
or as nearly as possible proportion of
the lines.
[No; 21.] Pre-emption CJonsolidatian. [25: Vict.]
1. The Proclamation issued by me, under the public seal of the
said Colony, dated the 4th day of January, 1860, and the "Preemption Amendment Act, 1861," and the "Pre-emption Purchase
Act, 1861," are hereby repealed.
2. All purchasers of unsurveyed land in British Columbia, who
shall have made their purchases subsequently to the 20th day of
June, 1861, and previously to the 27th day of August, 1861, shall
hold the land purchased under precisely the same terms and conditions of occupation and improvement as are mentioned in the
said Proclamation of the 4th day of January, 1860, with regard to
lands pre-empted without purchase.
3. That from and after the date hereof, British subjects and
aliens who shall take the oath of allegiance to Her Majesty and
Her successors, may acquire the right to hold and purchase in fee
simple unoccupied, and unsurveyed, and unreserved Crown Lands
in British Columbia, not being the site of an existent or proposed
town, or auriferous land available for mining purposes, or an Indian
Reserve or Settlement, under the following conditions:—
4. The person desiring to acquire any particular plot of land of
the character aforesaid, shall enter into possession thereof and
record his claim to any quantity not exceeding one hundred and
sixty acres thereof, with the Magistrate residing nearest thereto,.
paying to the said Magistrate the sum of eight shilliugs for recording such claim.
. 5. Any person in possession of one hundred and sixty acres of
land as aforesaid, may acquire the right to hold and purchase any
further tract, of unsurveyed aud unoccupied land aforesaid, over
and above the quantity of one hundred and sixiy acres aforesaid,
and contiguous thereto, upon payment to the nearest Magistrate of
the sum of two shillings and one penny per acre for the same, as
and by way of instalment of the purchase money to be ultimately
paid to the Government upon the survey of the same land.
6. Any person so paying such deposit sfcall enter into possession
and record his claim to such last mentioned tract of land, in manner hereinbefore prescribed.
7. The claimant shall in all cases give the best possible description of the land to the Magistrate with whom his claim is
recorded, together with a rough plan thereof, and ideutify the plot
in question by placing at the corners of the land four posts, and by
stating in his description any other land marks of a noticeable
character.
8. Every piece of land sought to be acquired under the provisions, of this Proclamation, shall, save as hereinafter mentioned, be
of a rectangular shape, and the shortest line thereof shall be at
least two-thirds the length of the longest line.
'80 : [25 Vict.]
Pre-emption Consolidation.
[No. 21.]
9. Where the land sought to be acquired is in the whole or in      ^ p jggj
part bounded by mouutains, rocks, lakes, swamps, or the margin of 	
a river, or by other natural boundaries, then such natural boundaries m*y "eaX^dln3
may be adopted as the boundaries of the land sought to be acquired, certain cases,
and in such case it shall be sufficient for the claimant to show to the
satisfaction of the Magistrate that the said form conforms as nearly
as circumstances permit to the provisions of this Proclamation.
10. If the land sought to be acquired be bounded by a claim, the Lines of adjacent
line of such claim may be adopted by the person so seeking to claims mav De
..,,,,. ..... i -       adopted.
acquire, notwithstanding any irregularity m such line which may
have been occasioned by the adoption of a natural boundary by the
claimant of the adjacent claim.
Enclosed spaces
may be adopted,
notwithstanding
any irregularity
of shape.
Boundaries to run as
nearly as possible
according to  the
points of the compass.
Purchase on survey.
11. Where a piece of land is partially or entirely enclosed between
two or more claims, the claimant may acquire such enclosed piece
notwithstanding any irregularity of form, or disproportion in length,
of any of the sides.
12. The boundaries shall run as nearly as possible by the cardinal
points of the compass.
13. When the Government Survey shall extend to the land
claimed, the claimant who has recorded his claim as aforesaid, or
his heirs or devisees, or in the case of the grant of a certificate of
improvement hereinafter mentioned, the assigns of such claimant
shall, if he or they shall have been in continuous occupation of the
same land from the date of the record aforesaid, be entitled to purchase the land so acquired, or in respect of which such deposit shall
have been paid as aforesaid, at such rate as may for the time being
be fixed by the Government of British -Columbia, not exceeding the
sum of four shillings and two pence per acre.
14. When the claimant, his heirs or devisees, shall prove to the
nearest Magistrate by the evidence of himself and of third parties,
that he or they has or have continued in permanent occupation of
the claim from the date of record, and has or have made permanent
improvements thereon to the value of 10s. per acre, the said Magistrate shall grant to the said claimant, his heirs or devisees, a certificate of improvement in the Form marked A in the Schedule
hereto.
15. Hpon the grant of the certificate of improvement aforesaid, the When certificate of
person to whom the same is issued may, subject to any unpaid in- improvement has
stalments, sell, mortgage, or lease the land in respect of which such holdermay sell or
certificate  has  been issued, but no interest in any plot of land deai with the land,
acquired in either of the methods aforesaid, shall, before payment of
the purchase money, be capable of passing to a purchaser, unless
the vendor shall have obtained such certificate of improvement as
aforesaid.
81
Certificate of improvement to be issued when improvements have been
made to the extent
of 10s. per acre. [No. 21.]
Pre-emption Consolidation,
[25 Vict.}
ment of the purchase
money.
Compensation to
owner whose land
may be taken or
injured in certain
cases.
A D 1861. 16. Hpon payment of the purchase money a conveyance of the
  land purchased shall be executed in favour of the purchaser, reserving
Conyevauc' 0!' p:i}* the precious minerals with a right to enter and work the same' in
favour of the Crown, its assignees and licensees.
17. In the event of the Crown, its assignees or licensees, availing
itself or themselves of the privileges (other than the taking of land
required for roads) mentioned in clauses 25 and 26, a reasonable
compensation for the land taken, wasted, or damaged shall be paid
to the person whose land shall be taken, wasted, or damaged as
aforesaid, and in case of dispute the same shall be settled by a jury
of six men, to be summoned by the nearest Magistrate.
18. Priority of title shall be' obtained by the person who, being in
possession, shall first record his claim in manner aforesaid.
Cancellation of 19. Whenever any person shall permanently cease to occupy land
claim on permanent aequire<i in either of the methods aforesaid, the Magistrate resident
tion. nearest to the land in question may, in a summary way,  on being
satisfied of such permanent cessation, cancel the claim of the person
so permanently ceasing to occupy the same, and record the claim
thereto of any other person satisfying the requisitions aforesaid.
Priority of title.
Deposits and improvements forfeited
on cancellation.
Appeal.
20. All deposits paid in respect of such forfeited claims, and all
improvements, buildings, and erections thereon, shall, (subject to the
appeal hereinafter mentioned) on such cancellation be absolutely
forfeited ; and such claims, improvements, buildings, and erections
shall, subject to the appeal hereinafter mentioned, be open to settlement by any other person.
21. The decision of the Magistrate may be appealed by either
party to the decision of the Judge of the Supreme Court of Civil
Justice of British Columbia.
Security on appeal. 22. Any person desirous of appealing in manner aforesaid, may
be required before such appeal be heard, to find such security as
may be hereafter pointed out by the Rules or Orders hereinafter
directed to be published.
Procedure. 23. The procedure before the Magistrate and Judge respectively,
shall be according to such Rules and Orders as shall, be published
by such Judge with the approbation of the Governor for the time
being of British Columbia.
Ejectment or tres-       24. Whenever a person in occupation at the time of record afore-
pass by holder.       gaid; Bh&n have recorded as aforesaid, and he, his heirs or (in the
case of a certificate of improvement) his assigns, shall have continued
in permanent occupation of the same land since the date of such:
record, he or they may, save as hereinbefore mentioned, bring:
82 [25 Vict.].
Pre-emption Consolidation.
[No. 21.]
' ejectment or trespass against any intruder upon the same land, to      a. D. 1861.
the same extent as if he or they were seized of the legal estate in 	
possession in the same land.
.  25.* Nothing herein contained shall be construed as giving a right Saving of right to
to any claimant to exclude free miners from searching for any of the "a^? °"\^e gold
precious minerals or working the same, upon the conditions afore- miners.
said.
26. The Government shall, notwithstanding any claim, record, or Power to Government to re-take Ian
for publie'imrposes.
conveyance aforesaid, be entitled to enter and take such portion of menl t0 rc~u,ke land
the land acquired in either of the methods aforesaid, as may be
required for roads or other public purposes.
27. Water privileges, and the right of carrying water for mining water for mining
purposes may, notwithstanding any claims recorded, be claimed and PurP0Ses mav be
, X8.K6Q*
taken upon, under, or over the said land so pre-empted or purchased
as aforesaid, by free miners requiring the same, and obtaining a
grant or license from the Gold Commissioner, and paying a compensation for waste or damage to the person whose land may be
wasted or damaged by such water privilege or carriage of water, to *
be ascertained in case of dispute in manner aforesaid.
28. Hany person, being already registered as a claimant, register if new claim taken
up tl
lost.
a claim to any other land not being contiguous thereto, the laud so up the old olaim is
p»eviously claimed shall, ipso facto, be forfeited, and shall, with all
improvements made thereon, be open to settlement by any other
person.
29. In case any dispute shall arise between persons with regard Arbitrament of
to any land so acquired as aforesaid, any one of the parties in difference may, before ejectment or action of trespass brought, refer the
question in difference to the nearest Magistrate, who is hereby
authorized to proceed in a summary way to restore the possession
of any land in dispute to the person whom he shall deem entitled to
the same, and to abate all intrusions, and award and levy such costs
and damages as he may think fit.
30. This Proclamation may be cited as the " Pre-emption Con- Short Title.
Bolidation Act, 1861."
BCHEDULE A.
I hereby certify that has satisfied me by evidence of
(naming the witnesses, ahd detailing any other evidence upon which
the Magistrate has come to his judgment) that of
has made improvements to the extent of 10s. an acre on acres of
land, situated at
Signed,
this
day of
83 [No. 22.]
Land Registry Extension.
[27 Vict.]
A. D. 1864.
Repealed by 143.
Preamble.
Notarial certificate
shall be sufficient
acknowledgment.
No. 22.   (208)
An Ordinance to increase the facilities for Registering documents relating to Real Property.
[4th May, 1864.]
WHEREAS it is expedient to facilitate the registration of titles
to real property in this Colony :
Be it therefore enacted by the Governor of British Columbia, by
and with the advice and consent of the Legislative Council thereof,
as follows:—
. 1. From the passing of this Ordinance, it shall be lawful for the
Registrar-General or District Registrars to register any deed or
instrument relating to real property in the Colony of British Columbia, made without the limits thereof, the due execution of which is
acknowledged and proved by the certificate thereof by a N otary
Public, in the manner usual for noting foreign deeds or documents
of title.
Every such proof of execution, when accepted by the Registrar-
General or District Registrar, shall have the force of an acknowledgment under the "British Columbia Land Registry Act,' 1861."
2. And whereas it is of public importance that Crown Grants, the
root of titles to land in the Colony, should be registered for the
protection of persons afterwards acquiring or disposing of the land
included in such grants; be it enacted that all Crown Grants issued
after the date of this Ordinance shall, previous to such issue, be
registered in books in the Registry Office, and such registration may
be partly in print and partly in writing, and no objection shall be
taken to any such registration by reason thereof.
Fees on registration. «*. There shall be demandable by and paid to the Registrar-
General, upon the registration of every such Crown Grant the
uniform fee of five shillings, for the use of Her Majesty, Her heirs
and successors, as revenue.
Crown Grants to be
registered before
issue.
How read.
Short Title;
4. This Ordinance shall be read with the
Registry Act, 1861."
'British Columbia Land
5. This Ordinance may be cited as the " British Columbia Land
Registry Extension Ordinance, 1864."
84 [28 Vies.]
Land,
[No. 28.]
No. 23.    (241)
An Ordinance for regulating the acquisition of land in British     A- D. 1865.
Columbia. Repealed by 144.
[1M April, 1865.]
WHEREAS it is expedient to amend and consolidate the laws preambie.
affecting lands in British Columbia, and for that purpose to
repeal, alter, and re-enact certain portions of the existing laws
affecting the same :
Be it enacted by the Governor of British Columbia, by and with
the advice and consent of the Legislative Council thereof, as follows :—
1. The Proclamation passed on the 14th February, 1859, except Repeals certain Acts
the portion thereof after clause 9, which refers to the capital of
British Columbia, the "Mining District Act, 1863," and the "Preemption Consolidation Act, 1861," are hereby repealed.
2. Such repeal shall not be construed to prejudice or affect any Saving of existing
rights actually existing to or in respect of any land in this Colony nehts-
at the date of this Ordinance, or to revive any provisions of any
Acts or Proclamations heretofore repealed.
3. All the lands in British Columbia, and all the mines and min- crown lands,
erals therein, not otherwise lawfully appropriated, belong to the
Crown in fee.
4: The upset price of surveyed lands, not being reserved for the Tjpset price of land
sites of towns or the suburbs thereof, and not being reputed to be 4s- 2d- Per acre-
mineral lands, shall be four shillings and two pence per acre.
5. The Governor shall at any time, and for such purposes as he jjegerves.
may deem advisable, reserve any lands that may not have been
either sold or legally pre-empted.
6. Except as aforesaid, all the land in British Columbia will be An land t0 be offfer_
exposed in lots for sale, by public competition, at the upset price ed for sale at public
above mentioned, after the same shall have been surveyed and made
ready for sale. Due notice shall be given of all such sales; notice
at the same time shall be given of the upset price and terms of
payment when they vary from those above stated, and also of the
rights specially reserved (if any) for public convenience.
7. All lands which shall remain unsold at any such auction may Lana ungoid at auc-
be sold by private contract at the upset price and on the terms and tion may be pur-
,. . ,        . .        . ,. ,       .~, .   „   ~ .     chased by private
conditions herein mentioned, on application to the Chief Commis- saie.
85 [No. 23.]
Land.
[28 Vict.]
A. D. 1865.      sioner of Lands and Works and Surveyor-General, or other person
  for the time being duly authorized in writing by the Governor in
that behalf.
Saves public rights. 8. Unless otherwise specially notified at the time of sale, all
Crown Lands sold shall be subject to such public rights of way as
may at any time after such sale be specified by the Cbief Commis-
sioner of Lands and Surveyor-General, and to such private rights of
way, and of leading or using water for animals, and for mining and
engineering purposes, as may at the time of such sale be existing.
9. Hnless otherwise specially announced at the time of sale, the
conveyance of the land shall include all trees and all mines and
minerals within and under the same (except mines of gold and
silver.)
Aliens.
Conveyance to include everything
but precious metals.
Aliens may not pre-     10. Aliens who have not taken the oath of allegiance may not
emp ' pre-empt, but may purchase any pre-empted or other lands lawfully
open to sale.
Aliens now holding     II. Provided that it shall be lawful for the Governor, by any
firmed in possession writing under his hand, to confirm aliens at present in possession of
lands which are either pre-empted or purchased by them, and for
which they hold the necessary certificate of improvement.
thereof.
Who may pre-empt
land,
Permission to be
obtained from Magistrate of District.
Pre-emption.
12. From and after the date hereof, British subjects, and aliens
who shall take the oath of allegiance to Her Majesty, Her heirs and
successors, may acquire the right to pre-empt and hold in fee simple
unoccupied and unsurveyed and unreserved Crown Lands, not being
the site of an existent or proposed town, or auriferous land available
for gold or silver mining purposes, or an Indian reserve or settlement, under the following conditions:
13. The person desiring to .acquire any particular plot of land of
the character aforesaid, shall, before entering into possession thereof,
obtain from the Stipendiary Magistrate of the District permission in
writing to enter on and pre-empt certain lands, to be specified in
writing by the applicant.
Rules to be observed ^ ^ *^e Magistrate see no objection thereto, the person so
in pre-empting land wishing to pre-empt shall, within seven days after such permission,
not exceeding 160 *     •  a •        *■       ii-ii^i- j.i ,.  ,i
acres< enter into possession of suck land by placing at the corners of. the
land four posts marked with his name or some other distinguishing
name, and shall apply in writing to record his claim, to any
quantity not exceeding 160 acres thereof, with the Stipendiary
Magistrate of the district, paying to the said Magistrate the fees
hereinafter mentioned.
86 [28 Vioai.]
Land.
[No. 23.]
15. If the land applied for has not been previously recorded, the
Magistrate shall forthwith, upon receiving with such application a
fee of eight sHllings and four pence, enter and record the application, and give to the applicant a certificate of such record, to be
called " The Record Certificate," with leave of absence from his
claim, without forfeiting the same, for such period not exceeding
six months as the Magistrate of the district may in his discretion
decide, for the purpose of procuring tools, seeds, and other necessaries.
16. H the land has been previously recorded, the Magistrate,
upon receipt of a fee of four shillings and two pence, shall make an
entry in his books of the date, name, and particulars of such application, and shall give to such applicant, who shall cause to be
affixed to the door of the Court House, and. some conspicuous part
of the land in question, a notice in writing, that unless - within one
calendar month next ensuing the date of so affixing such notice, any
prior claimant (if any) to any of the same land shall, shew cause to
the satisfaction of such Magistrate why any of the ground then
applied for should not be recorded in the name of the said applicant, the said claim will be so recorded.
17. Such publication of notice shall, during such month, operate
as a bar to all subsequent applications for the ground covered by
such application.
18. At the expiration of such month, if such cause shall not be
shewn, the Magistrate shall record the claim in the name of the
said applicant, and upon receipt of a fee of four shillings and two
pence, shall grant a certificate under his hand of such record to the
applicant, and preserve a duplicate thereof in his office.
19. Such certificate shall specify the conditions under which the
land included therein shall be held, and may be pleaded in bar to
all previous claims (if any) in respect of or against any of the said
land.
20. Any person in possession of 160 acres of land as aforesaid,
may acquire the right to pre-empt and hold any further tract of
unsurveyed and unoccupied land contiguous thereto, not exceeding
480 acres (and no more, either directly or indirectly, save with the
express sanction in writing of the Governor in that behalf) over and
above the quantity of 160 acres aforesaid, upon the payment to the
Stipendiary Magistrate of the district of the sum of two shillings
and one penny per acre for the same, as by way of instalment of the
purchase money to' be ultimately paid to the Government, after the
survey of the same land.
21. If such land shall not have been previously recorded, any
person so paying such deposit shall forthwith enter into possession,
87
A. D. 1865.
Record fee.
Record.
Record certificate.
Leave of absence.
Rules for land previously pre-empted.
Notice to be given of
subsequent record.
Notice a bar to other
applications.
Land may be rerecorded at the expiration of a month.
Certificate of such
record bars prior
claim.
Over 160 acres how
to be pre-empted.
Rules to be observed
in this case. A. D. 1865.
General rules to be
observed in preempting.
Natural boundaries
may be adopted in
certain cases.
£Nd. 23.J Land. £28 Vicf.]
and if previously recorded, after one month's notice as aforesaid,
and, cause to the contrary not shewn, record his claim to such last
mentioned tract of land and enter into possession in manner hereinbefore prescribed.
22. The claimant or applicant shall in all cases make his application in writing, and give the best possible written description of the
land, to the Stipendiary Magistrate of the district to whom he
applies to record his claim; together with a proper plan thereof,
and identify the plot in question by pointing out the position of the
said posts, and by stating in his description auy other land-marks of
a noticeable character; and all such plans and descriptions shall be
in duplicate.
Rectangular shape, 23. Every piece of land sought to be acquired under the pro-
sito pTop'ortfoVoT visions of this Ordinance shall, save as hereinafter mentioned, be of
the lines. a rectangular shape, and the shortest line thereof shall be at least
two-thirds the length of the longest line.
24. Where the land sought to be acquired is in whole or in part
bounded by mountains, rocks, lakes, swamps, or the margin of a
river, or by other natural boundaries, then such natural boundaries
may be adopted as the boundaries of the land sought to be acquired,
and in such case it shall be sufficient for the claimant to show to the
satisfaction of the Stipendiary Magistrate of the district that the
said form conforms as nearly as circumstances permit to the provisions of this Ordinance.
25. If the land sought to be acquired be bounded by land already
pre-empted or surveyed, the hue of such land may be adopted by
the person so seeking to acquire, notwithstanding any irregularity
in such line which may have been occasioned by the adoption of a
natural boundary by the claimant of the adjacent land.
26. Where a piece of land is partially or entirely enclosed between two or more claims, the claimant may acquire such enclosed
piece notwithstanding any irregularity of form, or disproportion in
length, of any of the sides.
27. The boundaries shall run ag nearly as possible by the cardinal
points of the compass.
28. When the Government shall survey the land claimed, the
claimant who has recorded his claim as aforesaid, or his heirs or
devisees, or in the case of the grant of a certificate of improvement
hereinafter mentioned, the assigns of such claimant shall, if he or
they shall have been in continuous occupation of the same land
from the date, of the record aforesaid, be entitled to purchase the
land so acquired, or in respect of which such deposit shall have been
Lines of adjacent
claims may be
adopted.
Enclosed spaces
may be adopted,
notwithstanding
any irregularity
of shape.
Boundaries to run
as nearly as possible
according to the
points of the compass.
When pre-empted
land may be purchased. [28 Via*.}
Land.
[No. 23.]
paid as aforesaid, at such rate as may for the time being be fixed      a. D/1865.
by the Government of British Columbia, not exceeding the sum of 	
four shillings and two pence per acre.
29. No person shall be entitled to receive a grant of such land Certificate of im-
until he shall have received from the recording Magistrate a certifi- P.r°vement reciui-
o o site.
eate of improvement as in the Schedule hereto, in respect to such
land.
30. When the claimant, his heirs or devisees, shall prove to the Certificate of im-
Stipendiary Magistrate of the district, by the evidence of himself Prove,me°t *° *e
r . . J issued when inl
and of third parties, that he or they has or have continued iu per- provements have
manent occupation of the claim from the date of record, and has or extent'of ios° per
have made permanent improvements thereon to the value often acre-
shillings per acre, the said Magistrate shall grant to the said claimant, his heirs or devisees, a certificate of improvement in the form
in the Schedule hereto.
When certificate of
improvement has
been issued, the
holder may sell or
deal with the land.
Conveyance, upon
what conditions.
31. Hpon the grant of the certificate of improvement aforesaid,
the person to whom the same is issued may, subject to any unpaid
instalment, sell, mortgage, or lease the land in respect of which
such certificate had been issued; but no interest in any plot of laDd
acquired in either of the methods aforesaid shall, before payment of
the purchase money, be capable of passing to a purchaser, unless the
vendor has obtained such certificate of improvement as aforesaid.
32. Upon payment of the purchase money after the survey and
continuous occupation, and the notice required under this Ordinance,
a conveyance of the land purchased shall be executed in favour of
the purchaser, excepting the precious minerals, with a right to
enter and work the same in favour of the Crown, its assignees and
licensees, with power to the Crown to take such portions of such
land as it may find necessary for roads, bridges and ferries, and
public purposes.
33. No pre-emptor shall be entitled to receive a Crown grant of
his pre-emption claim unless he shall shew, to the satisfaction of the
Magistrate of the district, that before applying for such grant he
has caused a written or printed notice of his intention to apply for
such grant to be posted in some conspicuous part of his own and the
adjacent pre-emption claims (if any), and on the Court House of the
district, without any valid opposition to his claim being substantiated.
*   34. Priority of title shall be obtained by the person who, being Priority of title.
in possession, shall first apply and record his  claim in  manner
aforesaid.
Rules to be observed
in applying for a
Crown grant.
-35. Whenever any person shall permanently cease to occupy land
acquired in either of the methods aforesaid, the Stipendiary Magistrate of the district maj", in a summary way, on being satisfied of
89
Cancellation of
claim on permanent
cessation of occupation. A. D. 1865.
Deposits and improvements forfeited
on cancellation.
Magistrate's decision appealable.
Security on appeal.
Ejectment or trespass by holder.
Saves miners'
rights.
Power to Government to re-take land
for public purposes.
pro. 23.] Land. [28 Viot.]
such permanent cessation, cancel the claim of the person so permanently ceasing to occupy the same, and record the claim thereto of
any other person satisfying the requisitions aforesaid.
36. All deposits paid in respect of such forfeited claims,. and all
improvements, buildings and erections thereon, shall (subject to the
appeal hereinafter mentioned), on such cancellation, be absolutely
forfeited; and such claims, improvements, buildings and erections
shall, subject to the appeal hereinafter mentioned, be open to settlement by any other person.
37. The decision of the Magistrate may be appealed by either
party to the decision of the Supreme Court of Civil Justice of
British Columbia.
38. Any person desirous of appealing in manner aforesaid, may
be required, before such apj>eal be heard, to find such security as
may be pointed out by the Magistrate whose decision is appealed
against; but such appeal shall be made within one calendar month
after the decision complained of, and after security to the satisfaction of the Magistrate shall have been given for the due prosecution
of such appeal and submission thereto.
39. Whenever a person shall have duly recorded as aforesaid, and
he, his heirs or (in case of a certificate of improvement) his assignees
shall have continued in permaneut occupation of the same land since
the date of such record, save for the two months hereinbefore mentioned, he or they may (save where herein otherwise mentioned)
bring ejectment or trespass against any intruder upon the same land
to the same extent as if he or they were seized of the legal estate in
possession in the same land.
40. Nothing herein contained shall be construed as giving a right
to any claimant to exclude free miners from searching, for any of the
precious minerals or working the same, but in case of any entry
being made upon lands held as aforesaid, full compensation shall
be made, or adequate security therefor be given, to the satisfaction
of the Stipendiary Magistrate of the district, prior to" such entry, to
the occupant for any loss or damage he may sustain by reason of
any such entry; such compensation to be determined by the Stipendiary Magistrate or Gold Commissioner of the district, with or without a jury of not less than five, in the discretion of such Magistrate
or Commissioner.
41. The Government shall, notwithstanding any claim, record, or
conveyance aforesaid, be entitled to enter and take such portion of
the land acquired in either of the methods aforesaid, as may be
required for roads, bridges, and ferries, without compensation, or for
other public purposes" on paying reasonable compensation for the
same.
99 [28 Vh&tT]
Land.
[No. 23.]
A. D. 1865.
One claim only can
be pre-empted.
42. No person shall be entitled to hold at the same time two
claims by pre-emption, and any person so pre-empting more than
one claim shall forfeit all right, title, and interest to the prior claim
so recorded by him.
43. In case any dispute shall arise between persons with regard Disputes how ar
to any land so acquired as aforesaid, any one of the parties in differ- ranged-
ence may, before ejectment or action of trespass brought, refer the
question in difference to the Magistrate of the district, who is hereby
authorized to proceed in a summary way to restore the possession
of any land in dispute to the person whom he shall deem entitled
to the same, and to abate all intrusions, and award and levy such
costs and damages as he shall deem fit.
Rules for diverting
water.
Water.
44. Every person lawfully occupying and bona fide cultivating
lands may divert any unoccupied water from the natural channel of
any stream, lake or river adjacent to or passing through such land
for agricultural and other purposes, upon obtaining the written
authority of the Stipendiary Magistrate of the district for the purpose, and recording the same with him, after due notice as hereinafter mentioned, specifying the name of the applicant, the quantity
sought to be diverted, the place of diversion, the object thereof, and
all such other particulars as such Magistrate may require.
45. Previous to such authority being given, the applicant shall N0tice to be given,
post up in a conspicuous place on each person's land through which
it is proposed that the water should pass, and on the district Court
house, notices in writing stating his intentions to enter such land
and through and over the same to take and carry such water, specifying all particulars relating thereto, including direction, quantity,
purpose, and term.
46. Priority of right to any such water privilege, in  case  of priority of right.
dispute,_ shall depend upon priority of record.
47. The right of entry on and through the lands of others for E- ht of entry 0Q
carrying water for any lawful purpose, upon, over, or under the said iand-
land, may be claimed and- taken by any person lawfully occupying
and bona fide cultivating as aforesaid, and (previous to entry) upon
paying or securing payment of compensation as aforesaid for the
waste or damage so occasioned, to the person whose land may be
wasted or damaged by such entry or carrying of water.
•48. In case of dispute, such compensation or any other question
connected with such water privilege, entry, or carrying, may be
ascertained by the Stipendiary Magistrate of the district in a summary manner, at the option of either of the contending parties either
with or without a jury of five men, to be summoned as in ordinary
cases.     l- £$■ ■■"
81
Disputes settled
with" or without
jury. [N®. 2&]
Land.
[28 Vict.]
A. D. 1865.
Non-attendant
jurors may be fined.
Water for mining
purposes may be
taken.
Land leased.
May be pre-empted,
&c.
And must be
stocked.
Ejectment.
Leases for timbe
cutting, &c.
To be in writing
Free grants.
49. It shall be lawful for such Magistrate, by an order under his
hand directed to the Sheriff or Deputy Sheriff, to summon a jury
for such purpose, and in the event of non-attendance of any persons
so summoned he shall have power to impose a fine not exceeding
five pounds.
50. Water privileges for mining or other purposes not otherwise
lawfully appropriated may be claimed, and the said water-may be
taken upon, under, or over any land so pre-empted or purchased as-
aforesaid, by obtaining a grant or licence from the Stipendiary
Magistrate of the district, and previous to taking the same paying
reasonable compensation for waste or damage to the person whose
land may be wasted or damaged by .such water privilege or carriage
of water.
Leases.
51. Leases of any extent of unoccupied and unsurveyed land may
be granted for pastoral purposes, by the Governor or any officer duly
authorized by him in that behalf, to any person or persons whomsoever being bona fide pre-emptors or purchasers of land, at such
rent as such Governor or officer shall deem expedient. But every
such lease of pastoral lands shall, among other things, contain a condition making such land liable to pre-emption, reserve, and purchase-
by any persons whomsoever, at any time during the term thereof,
without compensation, save by a proportionate deduction of rent;
and to a further condition that the lessee shall, within six months
stock the property demised in such proportion of animals to the one
hundred acres as shall be specified by the Stipendiary Magistrate
in that behalf
52: Any person who shall have obtained such lease as aforesaid
may bring ejectment or trespass against any intruder upon the same
land, to the same extent as if he or they were seized of the legal
estate in fee.
53. Leases of any extent of unoccupied Crown lands may be
granted by the Governor, to any person, persons, or corporation duly
authorized in that behalf; for the purpose of cutting spars, timber,
or lumber, and actually engaged in those pursuits, subject to such
rent, terms, and provisions as shall seem expedient to the Governor.
54. The application for any such lease must be in writing, and if
passing through a Magistrate, in duplicate, for transmission to the
Governor, who alone shall decide on any such lease.
Free Grants.
55. It shall be lawful for the Governor, upon receiving the assent
of Her Majesty's Government thereto, and the publication thereof
in the Government Gazette, to make such free or partially free
92 [29 Vict.]
Pre-emption.
[No. 24.]
A. D. 1865.
grants of the unoccupied Crown lands of the Colony, for the encouragement of immigration, with and under such provisions, restrictions, and privileges, as to the Governor in his discretion may
seem most advisable for the encouragement and permanent settlement of immigrants.
56. Nothing in this Ordinance contained shall be construed so as Saves miners
to interfere prejudicially with the rights granted to free miners generallr-
under the uGold Mining Ordinance, 1865."
57. The Schedule hereto shall form part of this Ordinance. Schedule.
58. This Ordinance shall be cited as the "Land Ordinance, 1865." short title.
rights
SCHEDULE.
Certificate of Improvement.
I hereby certify that has satisfied me by evidence of (naming
the witnesses and detailing the same and any other evidence  upon
which the Magistrate has come to his judgment) that of •
has made improvements to the extent of ten shillings an acre on
acres of land, situated at
Signed,
this day of
No. 24.      (255)
An Ordinance further to define the law regulating the acqui-      ^ pj. i866.
sition of Land in British Columbia. | a
Repealed by
[31si! March, 1866.] No. 144.
WHEREAS it is expedient to  provide for the  adjustment of preambie.
boundaries and other matters relating to the acquisition of
land:
Be it enacted by the Governor of British Columbia, by and with
the advice and consent of the Legislative Council thereof, as follows:
1. The right conferred under Clause 12 of the " Land Ordinance, Companie3 and ab_
1865," on British subjects, or aliens who shall take the oath of origins cannot
-. i    it        •     r       ■       i •   -i i  pre-empt.
allegiance, of pre-empting and holding in fee simple unoccupied, and
unsurveyed, and unreserved crown lands in British Columbia, shall
not (without the special permission thereto of the Governor first had
in writing) extend to or be deemed to have been conferred on
93 [No, 24.]
Pre-emption.
[29 Vict.]
A. D. 1866.      companies whether chartered, incorporated, or otherwise, or without
  the permission aforesaid, to or on any of the Aborigines of this
Colony or the Territories neighbouring thereto.
2. It shall be lawful for the Chief Commissioner of Lands and
Works and Surveyor-General in carrying out any Government
survey, whenever in his opinion the circumstances of the case may
.nance, 1865."
Enabling pre-empted and purchased
lands to be surveyed
of shape not in exact conformity to , , -        ,
the requirements of require it, to survey pre-emption claims or purchased lands recorded
iii   ■ in) i or i -     previous to the date of this enactment, by metes and bounds not
strictly in accordance with the requirements in these respects of the
"Land Ordinance, 1865."
Every such survey certified by the said Chief Commissioner of
Lands and Works and Surveyor-General shall be binding and final
to all intents and purposes upon all persons whomsoever, and shall-
be evidence in all Courts of Law in the Colony of the matters and
things therein contained, and of the compliance of the particular
claim or tract of land therein mentioned with the requirements of
the survey clauses of the "Land Ordinance 1865," as to courses and
lengths of boundaries and general shape of said claim or tract of
land.
Stipendiary Magis-       3. In  the interpretation  of the "Land  Ordinance,   1865," the
lut'uommTssio'ner'of words "Stipendiary Magistrate'; shall be deemed to mean Stipen-
Lands and Works,    diary Magistrate acting as Assistant Commissioner of Lands and
Works.
4. Nothing herein contained shall be construed to affect the prerogative rights of Her Majesty, Her heirs and successors, over the
crown lands of the Colony.
5. This Ordinance may be cited as the " Pre-emption Ordinance,
1866."
Saving prerogative
rights.
Short title.
94 REPEALED   LAWS,
HSEEHL FOR REFERENCE,
OF  THE
UNITED COLONIES OP VANCOUVEE ISLAND
AND BEITISH COLUMBIA.
A. D. 1868.
Repealed by 161.
Preamble.
No- 25-    (303)
An Ordinance to confirm certain Titles to Real Property in
Vancouver Island.
[1st May, 1868.]
T1THEREAS doubts have been entertained whether the convey-
"' ances of Real Estate in that portion of the United Colony
formerly known as the Colony of Vancouver Island and its Dependencies, executed on or before the 19tb day of December, A. D.
1860, on behalf of " The Governor and Company of Adventurers of
England trading into Hudson's Bay," under and by virtue of letters
or powers of attorney under the seal of the said Governor and
Company, have in fact conveyed the legal estate to the grantees
thereunder, and it is expedient to remove such doubts :
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:—
1. That ah conveyances, grants, and other assurances made on or confirms titles
before the 19th dav of December, A. D. 1860, on behalf of " The s™?^6- Pri°r t0
J H;     . 19th December,
Governor and Company of Adventurers of England, trading into i860.
Hudson's B&y," by James Douglas and John Work, and by Alexander Grant Dallas, and John Work, and Dougal MacTavish, and
William Fraser Tolmie, and Roderick Finlayson, or by either or
one of them, and relating to hereditaments situated within that
95 [32 Vict.]
Pre-emption Payment.
[No. 26.]
A. D. 1868.      portion of the United Colony formerly known as the Colony of
  Vancouver Island and Dependencies, shall be deemed and taken to
have conveyed to the grantee or gmntees therein named, the legal
estate of the hereditaments thereby purported to have been conveyed, and no objection shall be taken or allowed to any conveyance,
grant, or assurance, purporting to be made as aforesaid, under any
letters or powers of attorney duly executed under the seal of the
said Company.
Short title. 2. This Ordinance may be cited as the " Hudson Bay Titles
Confirmatory Ordinance, 1868."
A. D. 1869.
Repealed by 144.
Preamble.
Defines time for
payment of purchase money.
Short title
NO- 26,   (321)
An Ordinance respecting Pre-emption Claims.
[lOth March, 1869.]
WHEREAS it is expedient to declare, the law as to the payment
of the purchase money that may be due and payable for land
taken up by Settlers as pre-emption and pre-emption purchase
claims in that part of the Colony heretofore known as the Colony of
British Columbia and its Dependencies, under the "Land Ordinance,
1865," or any other pre-emption laws affecting that portion of the
Colony:
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows :—
1. The purchase money for pre-emption claims, and the balance
of purchase money upon pre-emption purchase claims, held under
any of the laws heretofore or for the time being regulating: the
acquisition and tenure of pre-emption claims in that part" of the
Colony formerly known as the Colony of British Columbia and its
Dependencies, shall be, and be deemed to have been, and to be due
and payable to Her Majesty, Her heirs and successors, as part of the
general revenue of the Colony, as and from the date of the service
of an application signed by the Chief Commissioner of Lands and
Works and Surveyor-General, upon the person or persons to be
affected thereby, and notifying the completion of the Government
survey of the land specified in such application, aud calling' upon
such person or persons for the payment of the amount for the time
being due and payable as aforesaid in respect of such land.
2. This Ordiuauce may be cited for all purposes, as the
ernption Payment Ordinance, 1869."
96
•Prt IMPERIAL   STATUTES,
ORDERS   IN   COUNCIL,   PROCLAMATIONS,  &c, &c, &c,
USEFUL FOE EEFEEENCE.
No. 27-
Proclamation by His Excellency Anthony Musgrave, Esquire,
Governor and Commander-in-Chief in and over the Colony
of British Columbia and its Dependencies, Vice-Admiral and
Ordinary of the same, &o, &c, &c.
[20i!A October, 1870.]
WHEREAS it is provided by the 54th clause of the "Land Ordinance, 1870," that the said Ordinance shall not take effect
until Her Majesty's assent thereto shall have been proclaimed in the
Colony:
And whereas Her Most Gracious Majesty has been pleased to
confirm and allow the said Ordinance:
Now, therefore, I, Anthony Musgrave, Governor of the said
Colony of British Columbia, do hereby proclaim Her Majesty's confirmation and allowance of the said "Land Ordinance, 1870."
A.D. 1870.
No- 28-
Proclamation by His Excellency Anthony Musgrave, Esquire,
Companion of the Most Distinguished Order of St. Michael
and St. George, Governor and Commander-in-Chief of the
Colony of British Columbia,, and Vice-Admiral of the same,
&c, &c, &c.
[26^ June, 1871.]
\I7HEREAS it is provided by the " Constitution Act, 1871," that
»'     the said Act shall not come into operation until it has received
97
A. D. 1871. A.D. 1871.
[No. 29.]
Administration of Justice.
[12 & 13 Vict.]
Her Majesty's assent, nor until such assent has been proclaimed in
this Colony by the Governor, nor until the expiration of such time as
the Governor shall direct after such assent has been proclaimed as
aforesaid, to be fixed by the Governor in such Proclamation:
And whereas Her Majesty has been graciously pleased to give
Her assent to the said Act:
And whereas I, the said Anthony Musgrave, as such Governor
as aforesaid, have fixed the 19th day of July next, to be the date
when the said Act shall come into operation and take effect:
Now, therefore, know ye that I, Anthony Musgrave, Governor
of the Colony of British Columbia, do hereby proclaim the assent of
Her Majesty to the " Constitution Act, 1871," and I do hereby
proclaim and declare that the said Act shall take effect and come
into operation in the said Colony of British Columbia on, from, and
after the 19th day of July, in the present year of Our Lord one
thousand eight hundred and seventy-one.
A. D. 1849.
43 G. 3.
138.
1 & 2 G. 4.
66.
No. 29.
An Act to Provide for the Administration of Justice in Vancouver's Island,
[28ih July, 1849.]
WHEREAS an Act was passed in the forty-third year of King
George the  Third,  intituled  "An Act for extending the
Jurisdiction of the Courts of Justice in the Provinces of Lower and
Upper Canada to the trial and punishment of persons guilty of
crimes and offences within certain parts of North America adjoining
to the said Provinces:"    And whereas by an Act passed in the
second year of Bang George the Fourth, intituled " An Act for
regulating the fur trade, and establishing a criminal and civil jurisdiction, within certain parts of North America," it was enacted, I
that from and after the passing of that Act the Courts of Judicaturef
then existing, or which might be  thereafter  established in the
Province of Upper Canada, should have the same civil jurisdiction,
power, and authority, as well in the cognizance of suits as in the
issuing process, mesne and final, aud in all other respects whatsoever, within the Indian territories and other parts of America not
within the limits of either of the Provinces of Lower or Upper^
Canada or of any Civil Government of the  United States, as the
said Courts had or were invested with within, the limits of the said
Provinces of Lower or Upper Canada respectively, aud that all and
98 [12 & 13 Vict.]
Administration of Justice.
[No. 29.]
every contract, agreement, debt, liability, and demand whatsoever,
made, entered into, incurred, or arising within the said Indian territories and other parts of America, and all and every wrong and
injury to the person or to property, real or personal, committed or
done within the same, should be and be deemed to be of the same
nature, and be cognizable by the same Courts, Magistrates, or
Justices of the Peace, and be tried in the same manner, and subject
to the same consequences in all respects, as if the same had been
made, entered into, incurred, arisen, committed, or done within the
said Province of Upper Canada, and in the same Act are contained
provisions for giving force, authority and effect within the said
Indian territories and other parts of America to the process and acts
of the said Courts of Upper Canada; aud it was thereby also enacted,
that it should be lawful for His Majesty, if he should deem it convenient so to do, to issue a commission or commissions to any
person or persons to be and act as Justices of the Peace within such
'.parts of America as aforesaid, as well within any territories theretofore granted to the company of adventurers of England trading to
Hudson's Bay as within the Indian territories of such other parts of
America as aforesaid; and it was further enacted, that it should be
lawful for His Majesty from time to time, by any Commission
under the great seal, to authorize and empower any such persons so
appointed Justices of the Peace as aforesaid to sit and hold Courts
of Record for the trial of criminal offences and misdemeanors, and
also of civil causes, and it should be lawful for His Majesty to
lorder, direct, and authorize the appointment of proper officers to
act iii aid of such Courts and Justices within the jurisdiction
/assigned to such Courts and Justices in any such commission, provided that such Courts should be constituted, as to the number of
ft Justices to preside therein, and as to such places within the said
territories of the said company, or any Indian territories or other
i parts of North America as aforesaid, and the times aud manner of
(holding the same, as His Majesty should from time to time order
and direct, but should not try any offender upon any charge or
indictment for any felony made the subject of capital punishment,
or for any offence or passing sentence affecting the life of any
offender, or adjudge or cause any offender to suffer capital punishment or transportation, or take cognizance of or try any civil action
or suit in which the cause of such suit or action should exceed in
value the amount or sum of two hundred pounds, and in every case
Of any offence subjecting the person committing the same to capital
punishment or transportation, the Court, or any Judge of any such
Court, or any Justice or Justices of the Peace before whom any
such offender should be brought, should commit such offender to
safe custody, and cause such offender to be sent in such custody for
| trial in the Court of the Province of Upper Canada:   And whereas.
99
A. D. 1849.
V Administration of Justice.
[12 & 13 Viot.|
A. D. 1849.
43 G. 3. c. 138. and
parts of 1 & 2 G. 4.
c. 66. repealed as to
Vancouver Island.
Power to local Legislature to make
provision for admin-
istratoin of justice^
Appeal to Privy
Council in civil
cases.
Adjacent islands
deemed part of Vancouver Island.
[No. 29.J
for the purpose of the colonization of that part of the said Indian
territories called Vancouver's Island, it is expedient that further
provision should be made for the administration of justice therein:
Be it therefore enacted by the Queen's most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, That from and after the proclamation of this
Act in Vancouver's Island, the said Act of the forty-third year of
King George the Third, and the said recited provisions of the
second year of King George the Fourth, and the provisions contained in such Act for giving force, authority and effect within the
said Indian territories and other parts of America to the process
and acts of the said Courts of Upper Canada, shall cease to have
force in and to be applicable, to Vancouver's Island aforesaid; and
it shall be lawful for Her Majesty from time to tin^e (and as well
before as after such proclamation) to make provision for the administration of justice in the said Island, and for that purpose to
constitute such Court or Courts of Record and other Courts, with
such jurisdiction, in matters civil and criminal, and such equitable
and ecclesiastical jurisdiction, subject to such limitations and restrictions, and to appoint and remove, or provide for the appointment
and removal of such Judges, Justices, and such ministerial and
other officers, for the administration aud execution of justice in the
said Island, as Her Majesty shall think fit and direct.
2. Provided always, and be it enacted, That when and so soon as
a local Legislature has been established in Vancouver's Island it
shall be lawful for such Legislature, from time to time, by any law
or Ordinance made in the manner and subject to the conditions^
which may be by law required in respect of laws or Ordinance*
made by such local Legislature, to make such alterations as to such
Legislature may seem meet in the constitution or jurisdiction of the,
Courts which may be established in the said Island, and to make
all such other provisions as to such local Legislature may seem
meet for and concerning the administration of justice in the said
Island.
3. Provided always, and be it enacted, That all judgments given
in any civil suit in the said Island shall be subject to appeal to Her
Majesty in Council, in the manner and subject to the regulations in
and subject to which appeals are now brought from the Civil Courts
of Canada, and to such further or other regulations as Her Majesty,
with the advice of Her Privy Council, shall from time to time
appoint.
4. And be it enacted, That all such islands adjacent to Vancouver's Island or to the Western Coast of North America, and
forming part of the dominions of Her Majesty, as are to the south-
100
si [21 & 22 Vict.]      Government of British Columbia.
[No. 30.]
ward of the fifty-second degree of North latitude, shall be deemed     ^ jy 1849
part of Vancouver's Island for the purposes of this Act. 	
5. And be it enacted, That this Act may be amended or repealed Act may be amend-
by any Act to be passed in this session of Parliament. e<3> &c'
No  30-
An Act to provide for the Government of British Columbia.
[2nd August, 1858.]
T17HEREAS divers of Her Majesty's Subjects and others have, by
D. 1858.
vv
the licence and consent of Her Majesty, resorted to and settled
on certain wild and unoccupied territories on the North-west Coast
of North America, commonly known by the designation of New
Caledonia, and from and after the passing of this Act to be named
British Columbia, and the Islands adjacent, for mining and other
purposes ; and it is desirable to make some temporary provision for
the Civil Government of such territories, until permanent settlements shall be thereupon established, and the number of colonists
increased : Be it therefore enacted by the Queen's most Excellent
Maj esty, by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:—
1. British Columbia shall, for the purposes of this Act, be held Boundaries of
to comprise all such territories within the dominions of Her Majesty British Columbia,
as are bounded to the South by the frontier of the United States of
America, to the East by the main chain of the Rocky Mountains, to
the North by Simpson's River and the Finlay branch of the Peace
River, and to the West by the Pacific Ocean, and shall include
Queen Charlotte's Island and all the other Islands adjacent to the
said territories, except as hereinafter excepted.
esty by
2. It shall be lawful for Her Majesty, by any order or orders to be Her jjaj
by Her from time to time made, with the advice of Her Privy 0rder 1 Council
^ ; j "   may make or pro-
Council, to make, ordain and establish, and (subject to such con- vide for the making
ditions or restrictions as to Her shall seem meet) to authorize and ^^n't orHer*°"
empower such officer as She may from time to time appoint as Majesty's subjects
_, ..T-. ■•,.■■,-.!       i., t ••        «       ,, -,..     and others in British
Governor of British Columbia, to make provision for the admims- coiumb
tration of justice therein,  and generally to make,  ordain,  and
establish all such laws,  institutions,  and ordinances as may be
necessary for the peace, order, andgood government of Her Majesty's
subjects and others therein; provided that all such Orders in Council,
i-iid 101 A. D. 1858.
Her Majesty may
establish a local
Legislature in
British Columbia.
Certain provisions
of 43 G. 3. c. 138.
and 1 & 2 G. 4 c. 66
as regards British
Columbia repealed.
[No. 30.] Government of British Columbia.     [21 & 22 Viot.]
Ill all Laws and Ordinances so to be made as aforesaid, shall be
laid before both Houses of Parliament as soon as conveniently may
be after the making and enactment thereof respectively.
3. Provided always, that it shall be lawful for Her Majesty, so
soon as She may deem it convenient, by any such Order in Council
as aforesaid, to constitute or to authorize and empower such officer
to constitute a Legislature to make laws for the peace, order, and
good government of British Columbia, such Legislature to consists
of the Governor and a Council, or Council and Assembly, to be
composed of such and so many persons, and to be appointed or
elected in such manner and for such periods, and subject to such*
regulations as to Her Majesty may seem expedient.
4. And whereas an Act was passed in the forty-third year of Kingl
George the Third, intitutled "An Act for extending the jurisdiction
of the Courts of Justice in the Provinces of Lower and Upper!
Canada, to the trial and punishment of persons guilty of crimes and<j
offences within certain parts of North America adjoining to the saido
Provinces :"    And whereas by an Act passed in the second year of
King George the Fourth, intituled " An Act for regulating the fur ■
trade, and establishing a Criminal and Civil Jurisdiction within ,
certain parts of North America," it was enacted that from and after|i
the passing of that Act the Courts of Judicature then existing or.:
which might be thereafter established in the Province of Upperii
Canada should have the same civil jurisdiction, power, and authority
within the Indian territories and other parts of America, not within.
the limits of either of the Provinces of Lower or Upper Canada, or
of any Civil Government of the United States, as the said Courts!
had or were invested with within the limits of the said Provinces of
Lower  or Upper  Canada respectively,  and that every contract,
agreement, debt, liability, and demand made, entered into, incurred, ]
or arising within the said Indian territories and other parts of
America, and every wrong and injury to the person or to property
committed or done within the same, should be and be deemed to
be of the same nature, and be cognizable and be tried in the same
manner, and subject to the same consequences in all respects, as if
the same had been made, entered into, incurred, arisen, committed,
or done within the said Province of Upper Canada; and in the same
Act are contained provisions for giving force, authority, and effect
within the said Indian territories and other parts of America to the
process and acts of the said Courts of Upper Canada; and it was
thereby also enacted, that it should be lawful for His Majesty, if He
should deem it convenient so to do, to issue a commission or commissions to any person or persons to be and act as Justices of the
Peace within such parts of America as aforesaid, as well within any
territories theretofore granted to the Company of Adventurers ofg
102 [21 & 22 Vict.]      Government of British Columbia.
[No. 30.]
England trading to Hudson's Bay, as within the Indian territories of     a. D. 1858.
such other parts of America as aforesaid; and it was further enacted, 	
that it should be lawful for His Majesty from time to time by any
commission under the great seal to authorize and empower any such
persons so appointed Justices of the Peace as aforesaid, to sit and
hold Courts of Record for the trial of criminal offences and misdemeanors, and also of civil causes, and it should be lawful for His
Majesty to order, direct, and authorize the appointment of proper
officers to act in aid* of such Courts and Justices within the jurisdiction assigned to such Courts and Justices in any such commission,
provided that such Courts should not try any offender upon any charge
©reindictment for any felony made the subject of capital punishment,
or for any offence or passing sentence affecting the life of any
offender, or adjudge or cause any offender to suffer capital punishment or transportation, or take cognizance of or try any civil action or
suit in which the cause of such suit or action should exceed in value
the amount or sum of two hundred pounds, and in every case of any
offence subjecting the person committing the same to capital punishment or transportation, the Court, or any Judge of any such Court,
or any Justice or Justices of the Peace before whom any such j
offender should be brought, should commit such offender to safe
custody, and cause such offender to be sent in such custody for trial
in the Court of the Province of Upper Canada.
From and after the proclamation of this Act in British Columbia
the said Act of the forty-third year of King George the Third, and
the said recited provisions of the said Act of the second year of
King George the Fourth, and the provisions contained in such Act
for giving force, authority, and effect within the Indian territories
and other parts of America to the process and acts of the said Courts
of Upper Canada, shall cease to have force in and to be applicable
to British Columbia.
5. Provided, always, that all judgments given in any civil suit in Appeal from judg-
British Columbia shall be subject to appeal to Her Majesty in "^p^c^j,1.8
Council, in the manner and subject to the regulations in and subject cil.
to which appeals are now brought from the Civil Courts of Canada,
and to such further or other regulations as Her Majesty, with the
advice of Her Privy Council, shall from time to time appoint.
6. No part of the Colony of Vancouver Island, as at present Vancouver island,
established, shall be comprised within British Columbia for the nshed^rnotntoebea
purpose of this Act; but it shall be lawful for Her Majesty, Her
heirs and successors, on receiving at any time during the continuance of this Act, a joint Address from the two Houses of the Legislature of Vancouver Island, praying for the Incorporation of that
Island with British Columbia by order to be made as aforesaid,
with the advice of Her Privy Council, to annex the said Island to
103
included in British
Columbia. A. D. 1858.
" Governor."
Act to continue in
force until December 31, 1862.
Expiration of Act
not to affect boundaries, &c.
[No. 31.] • Colonial Legislatures Power of Repeal.   [22 & 23 Vict.]
British Columbia, subject to such conditions and regulations as to
Her Majesty shall seem expedient; and thereupon and from the
date of the publication of such order in the said Island, or such
other date as may be fixed in such order, the provisions of this Act
shall be held to apply to Vancouver Island.
7. In the construction of this Act the term "Governor" shall
mean the person for the time being lawfully administering the
Government of British Columbia.
8. This Act shall continue in force until the thirty-first day of
December, One thousand eight hundred and sixty-two, and thenceforth to the end of the then next Session of Parliament: Provided
always, that the expiration of this Act shall not effect the boundaries hereby defined, or the right of appeal hereby given, or any
act done or right or title acquired under or by virtue of this Act,
nor shall the expiration of this Act revive the Acts or parts of Acts
hereby repealed.
A.D. 1859.
54 G. 3. c. 15.
5 & 6 W 4. c. 62.
No- 31.
An Act to repeal, as regards the Colony of Victoria, and to
enable other Colonial Legislatures to repeal, certain provisions of the Imperial Acts of the fifty-fourth year of George
the Third, chapter fifteen, and of the fifth aud sixth years
of William the Fourth, chapter sixty-two.
[8ih August, 1859.]
WHEREAS by the first, second, and third sections of an Act
passed in the fifty-fourth year of His late Majesty King George
the Third, intituled "An Act for the more easy recovery of debts
in Her Majesty's Colonies of New South Wales," provision was
•made for the proof, by affidavit, affirmation, or otherwise, of certain
matters requiring to be proved before any Courts of Law or Equity
in New South Wales or its dependencies, and for the punishment
of persons guilty of making such affidavits or affirmations falsely:
And whereas by the fifteenth and seventeenth sections of an Act
passed in the session of Parliament held in the fifth and sixth years
of His late Majesty King William the Fourth, intituled " An Act
to repeal an Act of the present Session of Parliament, intituled 'An
Act for the effectual abolition of oaths and affirmations taken and
made in various departments of the State, and to substitute declarations in lieu thereof,' and for the more entire suppression of
voluntary and extra-judicial oaths and affidavits/and to make other
104 [22 & 23 Vict.]
North-western Territories.
[No. 32.]
A. D. 1859.
provisions for the abolition of unnecessary oaths," provision was
made for the proof by solemn declaration or otherwise of certain
matters or things requiring to be proved before any Court of Law
or Equity in Her Majesty's possessions abroad : And whereas it is
expedient that the provisions above recited should be repealed as
regards the Colony of Victoria, and that as well the said provisions
as the fourth section of the said first-recited Act of Parliament
should be alterable or repealable as regards' any of Her Majesty's
possessions abroad by the Legislature or other Legislative authority
of such possession : Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows :
1. The first, second and third sections of the said first-recited Act certain sections of
of Parliament, and the fifteenth and seventeenth sections of the said r^cite* Acts repeai-
' ed so far as they
secondly-recited Act of Parliament, shall be and they' are hereby apply to the Colony
repealed so far as they apply to Her Majesty's Colony of Victoria. °    1C ona"
2. It shall be lawful for the Legislature or other Legislative Power to Colonial
authority of any of Her Majesty's possessions abroad to which any   eaiiiUer^Vamend
of the provisions contained in the said first-recited Act, or in the provisions of recited
fifteenth or seventeenth section of the said secondly-recited Act, cabie to sucifpos'-1"
shall apply, to repeal, alter, or amend all or any of the provisions, sessions.
so far as applicable to such possession, in like manner and subject
to the same conditions as if the same had been originally enacted
by such Legislature or Legislative authority.
No- 32.
An Act to make further Provision for the Regulation of the     _&_. D. 1859.
Trade with the Indians, and  for  the  Administration  of 	
Justice in the North-western Territories of America.
[13th August, 1859.]
WHEREAS an Act was passed in the forty-third year of King
George the Third (chapter one hundred and thirty-eight),
"for extending the jurisdiction of the Courts of Justice in the 43 G. 3. c. 138.
Provinces of Lower and Upper Canada to the trial and punishment
of persons guilty of crimes and offences within certain parts of
North America adjoining to the said Provinces," and an Act was
passed in the session bolden in the first and second years of King
George the Fourth (chapter sixty-six), "for regulating the fur | & 2 g. 4 c. 66.
trade, and for establishing a criminal  and civil jurisdiction within
105 [No. 32.]
North-western lerritories.
[22 & 23 Viot.]
A. D. 1859.]
Justices of the Peace
in the British American Indian territories authorized to
try offences summarily, and punish
by fine or imprisonment.
certain parts of North America;" and by the firstly herein-mentioned Act it was enacted, that all offences committed within any
of the Indian territories or parts of America not within the limits
of either of the Provinces of Lower or Upper Canada, or of any
Civil Government of the United States of America, should be and
be deemed to be offences of the same nature, and should be tried
in the same manner, and subject to the same punishment, as if the
same had been committed within the Provinces of Lower or Upper
Canada; and by the secondly herein-mentioned Act it was enacted,
that it should be lawful for His Majesty, if he should deem it convenient so to do, to issue a commission or commissions to any
person or persons to be and act as Justices of the Peace within such
parts of America as aforesaid; and it was also enacted, that it should
be lawful for His Majesty, by commission under the great seal, to
authorize and empower such persons so appointed Justices to sit
and hold Courts of Record for the trial of criminal offences and
misdemeanors, and also of civil causes: And whereas no Courts of
Record have been established or authorized as aforesaid, and it is
expedient to make further provision for the administration of justice
in criminal cases in the said Indian territories, and such other parts
as aforesaid of America, and also to make provision for better
regulating trade with the Indians in the territories and parts aforesaid : Be it therefore enacted by the Queen's most Excellent
Majesty, by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:
1. It shall be lawful for Her Majesty, by the commission by
which any Justices of the Peace are appointed under the said Act
of King George the Fourth, or by any subsequent commission, or
by any Order in Council, from time to time to authorize any such
Justice or Justices to take cognizance of and try in a summary way
all crimes, misdemeauors, and offences whatsoever, except as hereinafter mentioned, within the local limits of the jurisdiction of such
Justices (or such parts thereof as Her Majesty may direct in this
behalf), and to punish such crimes, misdemeanors and offences by
fine or imprisonment, or both; and it shall be lawful for Her
Majesty, in manner aforesaid, from time to time to restrict or regulate the exercise of such jurisdiction as she may think fit, and to
direct in what cases the same may be exercised by one or by more
than one of such Justices, and generally to make such provision
concerning the exercise of such jurisdiction as to Her Majesty may
seem expedient; and it shall also be lawful for Her Majesty, in
manner aforesaid, to order or authorize the appointment of all
proper officers to act in aid of such Justices, and the said Justices
respectively may do or cause to be done all acts
for the execution of their sentences, and in aid
106
matters
and things
O
of their jurisdiction [22 & 23 Vict.] North-western Territories.
[No. 32.]
A. D. 1859.
under this Act, which might be done or caused to be done by
Courts of Record having jurisdiction in the like cases: Provided
always, that where the offence with which any person is charged
before any such Justice or Justices is one which is punishable with
death, or one which in the opinion of such Justice or Justices
oughtj either on account of the inadequacy of the punishment which
such Justice or Justices can inflict, or for any other reason, to be
made the subject of prosecution in the ordinary way, rather than to
be disposed of summarily, such Justice or Justices shall commit the
offender to safe custody, and cause him to be sent in such custody
for trial to Upper Canada, as provided by the said Act of King
George the Fourth, or, where such Justice or Justices may see fit,
to the Colony of British Columbia; and such offender may be tried
and dealt with by any Court constituted in British Columbia having
cognizance of the like offences committed there, and such Court
shall have the like powers and authorities for this purpose as under
the said Acts are given to any Court in Canada in the like cases.
2. Provided, that nothing hereinbefore contained shall be taken The power to estab-
to repeal or affect the provisions of the said Act of King George the hsl1 °ourts of Re-
; . ° cord not to be af-
Fourth concerning the establishment of Courts of Record in the fected.
said territories, and where such Courts are established any offenders
within the limits of the jurisdiction thereof may be committed for
trial to such Courts instead of the Courts of Canada or British
Columbia.
3. It shall be lawful for Her Majesty, by and with the advice of Her Majesty, by
Her Privy Council, from time to time to make such rules and reeru- Order in Council,
1(>i ini i-i    mav make regula
tions as she may deem expedient for the conduct of the trade with tions for the trade
the Indians, and for diminishing or preventing the sale and distri- wlth tbe Indians-
bution of spirits to the Indians, or for promoting their moral and
religious improvement, to be in force in all or any portions of the
territories mentioned in the said Act of King George the Fourth
which may not be included in any grant or licence for the time
being in force under that Act.
4. Nothing herein contained shall extend to the territories here-
Hudson's Bay Com-
tofore granted to the company of adventurers trading to Hudson's pany. British Co-
Bay; and nothing herein contained shall extend to the Colony of couver Igland n"ot
British Columbia, save as herein expressly provided,  or to the affected.
Colony of Vancouver's Island.
107 [No. 33.] Offences within Her Majesty's possessions. [23 & 24 Vict.]
No- 33.
9 G. 4. c. 31.
A. D. 1860.      An Act to enable the Legislatures of Her Majesty's Possessions
abroad to make enactments similar to the enactment of the
Act Ninth George the Fourth, chapter thirty-one, section
eight.
[28th August, I860.]
WHEREAS by an Act passed in the ninth year of His late
Majesty George the Fourth, intituled "An Act for eonsolidar
ting and amending the Statutes in England relating to offences
against the person," it was enacted (amongst other things), that
where any person, being feloniously stricken, poisoned, or otherwise
hurt at any place in England, should die of such stroke, poisoning,
or hurt upon the sea or at any place out of England, every offence
committed in respect of any such case, whether the same shall
amount to the offence of murder or of manslaughter, or of being
accessory before the fact to murder, or after the fact to murder or
manslaughter, might be dealt with, inquired for, tried, determined,
and punished in the country or place in England in which such stroke,
poisoning, or hurt should happen, in the same manner in all respects
as if such offence had been wholly committed in that country or
place: and whereas it may be desirable that provisions similar or
analogous to the above-recited provisions should be made with
respect to offences committed within Her Majesty's possessions
abroad: and whereas doubts are entertained whether it is competent to the Legislature of any such possession to make such provision : be it therefore enacted by the Queen's most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows :
1. It shall be lawful for the Legislature of any of Her Majesty's
possessions abroad to enact by any Law or Ordinance, to be by them
Ordinances enacting made in the usual manner, that where any person, being feloniously
to the like effect as    ,  ■  i •        ■ j -,i.    .   ■       i_     .     , t -j.-i •     j.t      t     -j_
in provisions of sec. stricken, poisoned or otherwise nurt at any place within the limits
of such possession, shall die of such stroke, poisoning, or hurt upon
the sea or at any place out of the limits of such possession, every
offence committed in respect of any such case, whether the same
shall amount to the offence of murder or of manslaughter, or of
being accessory before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished in the possession within the limits of which
such stroke, poisoning, or hurt shall happen, in the same maimer in
all respects as if such offence had been wholly committed within
the limits of such possession, or such Legislature may enact, by any
such Law or Ordinance to be made as aforesaid, to the like effect.
108
Legislatures of possessions abroad em
powered to make
8 of 9 G. 4. c. 31. [26 Vict.]
Vice-Admiralty Courts.
[No. 34.]
No- 34.
An Act to facilitate the appointment of Vice-Admirals and of     A.D. 1863.
Officers in Vice-Admiralty Courts in Her Majesty's Posses- ~~
sions abroad, and to confirm the past proceedings, to extend
the jurisdiction, and to amend the practice of those Courts.
[8th June, 1863.]
T17HEREAS it is expedient to facilitate the appointment of Vice-
"' Admirals and of Officers in Vice-Admiralty Courts in Her
Majesty's Possessions abroad, and to confirm the past proceedings,
to extend the jurisdiction, and to amend the practice of those Courts:
Be it therefore enacted by the Queen's most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:—
1. This Act may be cited for all purposes as the " Vice-Admiralty short Title.
Courts Act, 18tJ3."
2. In the interpretation, and for the purposes of this Act,  (if not interpretation of
inconsistent with the context or subject matter) the following terms   erms'
shall have the respective meanings hereinafter assigned to them;
that is to say,
"Her Majesty" shall mean Her Majesty, Her heirs and successors :
The "Admiralty" shall mean the Lord High Admiral or the
Commissioners for executing his office :
"British Possession" shall mean any Colony, Plantation, Settlement, Island, or Territory being a part of Her Majesty's
Dominions, but not being within the limits of the United
Kingdom of Great Britain aud Ireland, or of Her Majesty's
Possessions in India :
"Governor" shall mean the Officer for the time being lawfully
administering the Government of any British Possession :
"Vice-Admiralty Court" shall mean any of the existing Vice-
Admiralty Courts enumerated in the Schedule marked A.
hereto annexed, or any Vice-Admiralty Court which shall
hereafter be established in any British Possession:
"Ship" shall include every description of vessel used in navigation not propelled by oars only, whether British or Foreign:
" Cause " shall include any cause, suit, action, or other proceeding
instituted in Vice-Admiralty Court.
109
ins [No. 34.]
Vice-Admiralty Courts.
[26 Vict.]
A. D. 1863.
Appointment of
Vice-Admiral,
Appointment of
Judge.
Appointment of
Registrar and
Marshal.
Names of appointees, &c, to be
notified to Home
Government.
Saving the powers
of the Admiralty.
Past proceedings
confirmed.
Protection of
officers.
3. In any British possession, where the office of Vice-Admiral is
now or shall at any time hereafter become vacant, the Governor of
such possession shall be ex officio Vice-Admiral thereof, until a
notification is received in the possession that a formal appointment
to that office has been made by the Admiralty in the manner hereinafter mentioned.
4. In any British possession, where the office of Judge of a Vice-
Admiralty Court is now or shall at any time hereafter become
vacant, the Chief Justice, or the principal Judicial Officer of such
possession, or the person for the time being lawfully authorized to
act as such, shall be ex officio Judge of the Vice-Admiralty Court,
until a notification is received in the possession that a formal appointment to that office has been made by the Admiralty in the manner
hereinafter mentioned.
5. In any British possession, where the office of Registrar or
Marshal of any Vice-Admiralty Court is now or shall at any time
hereafter become vacant, the Judge of the Court may, with the
approval of the Governor, appoint some person to the vacant office,
until a notification is received in the possession that a formal appointment thereto has been made by the Admiralty in the manner
hereinafter mentioned, and may, for good and reasonable cause to
be approved by the Governor, remove the person so appointed.
The Judge may also appoint some person to act as Registrar or
Marshal during the temporary absence of either of those officers.
6. On any vacancy in the office of Judge, Registrar, or Marshal
of any Vice-Admiralty Court, the Governor of the British possession
in which the Court is established shall, as soon as is practicable,
communicate to one of Her Majesty's Principal Secretaries of State
the fact of the vacancy and the name of the person succeeding or
appointed to the vacant office.
7. Nothing in this Act contained shall be taken to affect the
power of the Admiralty to appoint any Vice-Admiral, or any Judge,
Registrar, Marshal, or other officer of any Vice-Admiralty Court,
as heretofore by warrant from the Admiralty, and by letters patent
issued under seal of the High Court of Admiralty of England.
8. .No act done by any person in the capacity of Judge, Registrar,
or Marshal of any Vice-Admiralty Court, which shall not have been
set aside by any competent authority before the passing of this Act,
shall be held invalid by reason that such person had not been duly
appointed, but all such acts shall be as valid and effectual as if done
by a person duly appointed.
9. No action, prosecution, or other [proceeding shall be brought
against any such person by reason of the illegality or informality of
any act hereby declared to be valid and effectual.
110 [26 Vict.] Vice-Admiralty Courts. [No. 34.]
10. The matters in respect of which the Vice-Admiralty Courts      A.D. 1863.
shall have jurisdiction are as follows:— 	
Jurisdiction of Vice
(1.) Claims for seamen's wages: Admiralty Courts
(2.) Claims for master's wages,  and for his disbursements on
account of the ship :
(3.) Claims in respect of pilotage :
(4.) Claims in respect of salvage of any ship, or of life, or goods
therefrom:
(5.) Claims in respect of towage :
(6.) Claims for damage done by any ship :
(7.) Claims in respect of bottomry or respondentia bonds :
(8.) Claims in respect of any mortgage where the ship has been
sold by a decree of the Vice-Admiralty Court, and the pro-
-  ceeds are under its control :
(9.) Claims between the owners of any ship registered in the
possession, in which the Court is established, touching the
ownership, possession, employment, or earnings of such ship:
(10.) Claims for necessaries supplied, in the possession in which
the Court is established, to any ship of which no owner or
part owner is domiciled within the possession at the time of
the necessaries being supplied:
(11.) Claims in respect of the building, equipping, or repairing
within any British possession of any ship of which no owner
or part owner is domiciled within the possession at the time
of the work being done.
11. The Vice-Admiralty Courts shall also have jurisdiction—        Jurisdiction of Vice
(1.) In all cases of breach of the regulations and instructions Admiralty Courts.
relating to Her Majesty's Navy at sea:
(2.) In all matters arising out of droits of Admiralty.
12. Nothing contained in this Act shall be construed to take away Nothing to restrict
or restrict the jurisdiction conferred upon any Vice-Admiralty Court existing junsdic-
by any Act of Parliament in respect of seizures for breach of the
revenue, customs, trade, or navigation laws, or of the laws relating
to the abolition of the slave trade, or to the capture and destruction
of pirates and piratical vessels, or any other jurisdiction now lawfully exercised by any such Court; or any jurisdiction now lawfully
exercised by any other Court within Her Majesty's Dominions.
13. The jurisdiction of the Vice-Admiralty Courts, except where As t0 mattei-s aris-
it is expressly confined by this Act to matters arising within the lo°g0^°d limits
possession in which the' Court is established, may be exercised,
whether the cause or right of action has arisen within or beyond the
limits of such possession. [No. 34.]
Vice-Admiralty Courts.
[26 Vict.]
A. D. 1863.
Her Majesty empowered to establish
and alter rules and
tables of fees.
Rules and tables of
fees to be laid before House of
Commons.
To be entered in
the records of the
Courts
To be hung up in
Court, &c.
Established fees to
be the only fees
taken.
Taxation may be
revised by the High
Court of Admiralty.
Registrar may administer oaths.
As to the hearing
of cross causes.
14. Her Majesty may, by Order in Council, from time to time
establish rules touching the practice to be observed in the Vice-
Admiralty Courts, as also tables of the fees to be taken by the
officers and practitioners thereof for all acts to be done therein, and
may repeal and alter the existing and all future rules and tables of
fees, and establish new rules and tables of fees in addition thereto,
or in lieu thereof.
15. A copy of any rules or tables of fees which may at any time'
be established, shall be laid before the HoUse of Commons within
three months from the establishing thereof, or if Parliament shall
not be then sitting, or if the session shall terminate within one
month from that date, then within one month after the commencement of the next session.
16. The rules and tables of fees in force in any Vice-Admiralty
Court shall, as soon as possible after they have been received in the
British possession in which the Court is established, be entered by
the Registrar in the public books or records of the Court, aud the
books or records in which they are so entered shall at all reasonable
times be open to the inspection of the practitioners and suitors in
the Court.
17. A copy of the rules and tables of fees in force in any Vice-
Admiralty Court shall be kept constantly hung up in some conspicuous place as well in the Court as in the office of the Registrar.
18. The fees established for any Vice-Admiralty Court shall, after
the date fixed for them to come into operation, be the only fees
which shall be taken by the officers and practitioners of the Court.
19. Any person who shall feel himself aggrieved by the charges
of any of the practitioners in any Vice-Admiralty Court, or by the
taxation thereof by the officers of the Court, may apply to the High
Court of Admiralty of England to have the charges taxed, or the
taxation thereof revised.
20. The Registrar of any Vice-Admiralty Court shall have power
to administer oaths in relation to any matter depending in the
Court; and any person who shall wilfully swear falsely in any proceeding before the Registrar, or before any other person authorized
to administer oaths in the Court, shall be deemed guilty of perjury,
and shall be liable to all the penalties attaching to wilful and corrupt
perjury.
21. If a cause of damage by collision be instituted in any Vice-
Admiralty Court, and the defendant institute a cross cause in respect
of the same collision, the Judge may, on application of either party,
direct both causes to be heard at the same time and on the same
evidence ; and if the ship of the defendant in one of the causes has
112 [26 Vict.]
Vice-Admiralty Courts.
[Kb. 34.]
A: D. 1863.
been arrested, or security given by him to answer judgment, but
the ship of the defendant in the other cause cannot be arrested, and
security has not been given to answer judgment therein, the Court
may, if it think fit, suspend the proceedings in the former cause
until security has been given to answer judgment in the latter cause.
22. The appeal from a decree or order of a Vice-Admiralty Court No appeal save from
lies to Her Maiestaiin Council: but no appeal shall W ail8w'39, fi"fi sentence or
. T order.
save by permission of the Judge, from any decree or order not
having the force or effect of a definitive sentence or final order.
23. The time for appealing from any decree or order of a Vice-
Admiralty Court shall, notwithstanding any existing enactment to
the contrary, be limited to six months from the date of the decree
or order appealed from ; and no appeal shall be allowed where the
petition of appeal to Her Majesty shall not have been lodged in the
Registry of the High Court of Admiralty and of appeals within that
time, unless Her Majesty in Council shall, on the report and recommendation of the Judicial Committee of the Privy Council, be
pleased to allow the appeal to be prosecuted, notwithstanding that
the petition of appeal has not been lodged within the time prescribed.
24. The Acts enumerated in the Schedule hereto annexed marked
B. are hereby repealed to the extent therein mentioned, but the
repeal thereof shall not affect the validity of any rules, orders,
regulations, or tables of fees heretofore established and now in force,
in pursuance of the Act of the second and third "William the Fourth,
Chapter fifty-one ; but such rules, orders, regulations, and tables of
fees shall continue in force until repealed or altered under the provisions of this Act.
Appeal to be made
within six months.
Acts repealed saving
rules established
under 2 & 3 W. 4.
c. 51.
SCHEDULE A.
List of the existing Vice-Admiralty Courts to which this Act applies.
Antigua.
Bahamas.
Barbadoes.
Bermuda.
British Columbia.
British Guiana.
British Honduras.
Cape of Good Hope.
Ceylon
Dominica.
Falkland Islands.
Gambia River.
Gibraltar.
Natal.
Nevis.
New Brunswick.
Newf oun d land.
New South "Wales.
New Zealand.
Nova Scotia, otherwise Halifax.
Prince Edward Island.
Queensland.
Saint Christopher.
Saint Helena.
Saint Lucia.
Saint Vincent.
113 [No. 35.]
Colonial Letters Patent.
[26 & 27 Vict.]
A. D. 1863.
Gold Coast.
Grenada.
Hong Kong.
Jamaica.
fjabuan.
Lagos.
Lower Canada, otherwise Quebec.
Malta.
Mauritius.
Montserrat.
Sierra Leone.
South Australia.
Tasmania, formerly called Van Lie-
men's Land.
Tobago.
Trinidad.
Vancouver Island.
Victoria.
Virgin Islands, otherwise Tortola.
Western Australia.
SCHEDULE B.
Acts and parts of Acts Repealed.
Reference to Act.
56 Geo. III. c. 82...
6 Geo. IV. c. 113...
3 Will. IV. c. 51
6 & 7 Vic. c. 38.
IT & 18 Vic. c. 37..
Title of Act.
in Act to render valid the Judicial acts
of Surrogates of Vice-Admiralty Courts
abroad, during vacancies in office of
Judges of such Courts.
Extent of Repeal.
The whole Act, save as
regards Her Majesty's
Possessions in India.
An Act to  amend   and  consolidate  the Section   twenty-nine,
Laws relating to the Abolition  of the|    save as above.
Slave Trade.
An Act to regulate the practice and thelThe whole Act, save as
fees   in   the    Vice-Admiralty    Courts     above,
abroad, and to  obviate  doubts  as  to
their jurisdiction.
An Act to make further regulations for Section 11, so far as it
facilitating the hearing Appeals and relates to Appeals
other matters by the Judicial Committeel from Vice-Admiralty
of the Privy Council. Courts, save as above
An Act for establishing the validity of The whole Act.
certain   proceedings in Her  Majesty's
Court of Vice-Admiralty in Mauritius.   |
No. 35.
A. D. 1863.     -A-n Act to determine the time at which Letters Patent shall
take effect in the Colonies.
[28th July, 1863.]
WHEREAS Her Majesty hath from time to time caused to be
made under the great seal of the Hnited Kingdom of Great
Britain and .Ireland divers letters patent intended to take effect
within Her Majesty's Colonies and Possessions beyond the seas:
114 [26 & 27 Viot.]
Colonial Letters Patent.
[No. 35.]
And whereas doubts are entertained respecting the period at which     a. D 1863
such letters patent have taken or may hereafter take effect within 	
•such Colonies and Possessions,_and it is expedient that such doubts
should be removed : Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows :
1. No such letters patent heretofore made shall (unless otherwise Existing Letters Pa-
provided therein or by other lawful authority) be deemed to have £"* ^coion^es m
taken or shall take effect in any such Colony or Possession as afore- published or acted
said until the same were or shall be publicly made known or acted
upon therein : Provided that any act or thing heretofore done or Acts done under
purporting to have been done in pursuance or
such letters patent shall be as valid and effectual as if the  same
letters patent had taken effect at the date of the making thereof.
under authority of ^1fdLetters Patent
2. No  such  letters patent hereafter to  be made  shall, (unless Future Letters Pa-
otherwise provided therein or by other lawful authority) take effect *en* ?ot„t° tak® e„f"
" J J' feet m Colony till
in any such Colony or Possession until the making of the same shall publication.
have been signified therein by Proclamation or other public notice.
3. Any such letters patent by which any person may be hereafter Appointments by
appointed to any office or employment within any of such Colonies votd^niesTpubiish-
or Possessions shall (unless otherwise provided therein or by other ed within six or
lawful authority) become null and void in respect of such Colony,
unless the same shall be so signified as aforesaid within the following
period; that is to say, within nine calendar months in case such
Colony or Possession shall be to the eastward of Bengal in the East
Indies, or to the west of Cape Horn in South America, or in any
other case within six months after the making thereof.
4. The Act, chapter ninety-one, of the ninth and tenth years of 9 & 10 vict. c. 91
Her Majesty, intituled " An Act to continue certain patent com- repealed,
missions until the exhibition of the commissions revoking them," is
hereby repealed.
5. This Act shall take effect in each of Her Majesty's Colonies Period of Act
and Possessions so soon as the same shall be proclaimed therein by op^'atfon?40
the Officer administering the Government thereof
115 [No. 36.J
British Columbia Boundaries,      [26 & 27 Vict.]
No. 86.
A. JD. 1863. An Act to define the Boundaries of the Colony of British
Columbia, and to continue an Act to provide for the Government of the said Colony.
[28th July, 1863.]
WHEREAS it is desirable to amend and continue an Act passed
in the twenty-first and twenty-second year of Her Majesty,
21 & 22 Vict. c. 99: chapter ninety-nine, intituled "An Act to provide for the Government of British Columbia: " Be it therefore enacted by the Queen's
most Excellent Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows :
Section 1 of recited
Act repealed.
Remaining Sections
of recited Act continued.
Boundaries of
British Columbia.
1. The first section of the aforesaid Act is repealed.
2. The remaining sections of the said Act shall continue in force
till the thirty-first day of December, One thousand eight hundred
and sixty-three, and no longer; provided that the expiration of the
said Act shall not invalidate any Order iti Council or other instrument issued under authority of the said Act, nor any act done or
right or title acquired by virtue of the said Act, nor affect the right
of appeal thereby given, nor revive any Acts or parts of Acts of
Parliament thereby repealed.
3. British Columbia shall, for the purposes of the said Act, and
for all other purposes, be held to comprise all such territories within
the Dominions of Her Majesty as are bounded to the South by the
territories of the Hnited States of America, to the "West by the
Pacific Ocean and the frontier of the Russian Territories in North
America, to the North by the sixtieth parallel of north latitude,
and to the East from the boundary of the Hnited States northwards,
by the Rocky Mountains and the one hundred and twentieth
meridian of west longitude, and shall include Queen Charlotte's
Island and all other Islands adjacent to the said Territories, except
Vancouver Island and the Islands adjacent thereto.
lid £26 & 27 Vict.]        Colonial Acts Confirmation.
[No. 37.]
No. 37-
An Act to confirm certain Acts of Colonial Legislatures. A. D. 1863.
[28th July, 1863.]
T17HEREAS doubts are entertained respecting the validity of
" " divers Acts passed by the Legislature of South Australia for
the purpose of altering the Constitution of the Legislative Council
and House of Assembly of the said Colony, and respecting the power
of Colonial Legislatures to make laws for the above purpose; and
it is expedient to remove such doubts: Be it therefore [enacted by
the Queen's most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the authority of the same, as
follows:—
1. In this Act of Parliament the term " Colonial Legislature " ^s to terms" Colo-
shall mean the authority (other than Her Maiesty in Council) com- niaI legislature"
ij   v . and " Governor."
petent to make laws for any of Her Majesty's possessions abroad, I
except India, the Channel Islands, and the Isle of Man.
The term "Governor" shall mean the Officer lawfully administering the Government of any Colony.
2. AH laws heretofore passed or purporting to have been passed confirmation of <
n Acts of Cc
gislatures.
by any Colonial Legislature with the object of declaring or altering tain Acts (oouiai
the constitution of such Legislature, or of any branch thereof, or the
mode of appointing or electing the Members of the same, shall have
and be deemed to have had from the date at which the same shall
have received the assent of Her Majesty or of the Governor of the
Colony on behalf of Her Majesty, the same force and effect for all
purposes whatever as if the said Legislature had possessed full
powers of enacting laws for the objects aforesaid, and as if all
formalities and conditions by Acts of Parliament or otherwise prescribed in respect of the passing of such laws had been duly observed.
117 [No. 38.]      Joint Stock Companies {Foreign Countries).    [27 Vict.]
A. L. 1864.
Short title.
Power to companies
to have an official
seal.
Power to companies
to appoint agents
abroad to affix seals.
No 38-
An Act to enable Joint StoGk Companies carrying on Business
in Foreign Countries to have Official Seals to be used in
such Countries.
[13th May, 1864.]
WHEREAS there have been and may be established in the
Hnited Kingdom companies whose business is to be carried
on in countries not situate in the Hnited Kingdom, and it is
convenient and desirable that investments may be made, and mortgages, conveyances, and leases taken, and contracts and engagements entered into, on behalf of the company, in such countries, in
the name of the company : Be it therefore enacted by the Queen's
most Excellent Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1. This Act may be cited for all purposes as " The Companies
Seals Act, 1864."
2. Any company, under " The Companies Act, 1862," whose
objects require or comprise the transaction of business, as hereinbefore mentioned, in foreign countries, may cause to be prepared
an official seal for and to be used in any place, district or territory
situate out of the Hnited Kingdom in which the business of the
company shall be carried on, and every such official seal may and
shall be a fac-simile of, or as nearly as practicable a fac-simile of,
the common seal of the company, with the exception that on the
face thereof shall be inscribed the name of each and every place,
district or territory in and for which it is to be used: Provided that
it shall be lawful for any such company as aforesaid from time to
time to break up and renew any official seal or seals, and to vary
the limits within which it is intended to be used.
3. Every company having or using any such official seal as is
authorized by this Act may from time to time, by any instrument
or instruments in writing under the common seal of the company,
empower any agent or agents specially appointed for the purpose,
or any local agent, board, committee, manager, or commissioner
appointed under the provisions of the articles of association of such
company, in any place, district or territory situate out of the United
Kingdom where the business of the company shall for the time
"being be carried on, to affix such official seal to any deed, contract,
or other instrument to which the company is or shall be made a
party in such place, district, or territory, and no other order of the
118 [27 Vict.]     Joint Stock Companies {Foreign Countries).     [No. 38.]
company or the board of directors thereof shall be necessary to
authorize any such seal to be affixed to any deed, contract, or other
instrument.
A. D. 1864.
4. Every power granted under the last preceding section shall, as ^g t0 the duration
between the companv, their successors and assigns, on the  one of powers granted
,, ,, mm» -,t --i-i under sect. 3 of
hand, and the person or persons dealing with the agent or agents, this Act.
board, committee, manager, or commissioner named in the instrument conferring the power, and all parties claiming through or
under such person or persons, on the other hand, continue in force
during the period, if any, mentioned in the instrument conferring
the power, or if no power be there mentioned, then until notice of
the revocation or determination of the power shall have been given
to such person or persons as aforesaid.
5. Whenever any such official seal as aforesaid shall be affixed to Person affixing seal
any document, the person affixing the same shall, by writing under *? document to cer
his hand, and written on the document to which the seal may have so affixed.
been affixed, certify the date when and the place where the same
was affixed; and any document to which any such seal shall have
been duly affixed within the district or territory or place the name
whereof is inscribed on such seal shall bind the company in the
same way and to the same extent and have the same force and
effect as if it had been duly sealed with the common seal of the
company.
6. The powers given by this Act shall be exercised by such com- I
, , ... Companies not to
pames only as are or shall be expressly authorized to exercise the exercise powers of
same by their articles of association, or a special resolution passed ^gdunless author"
according to the provisions of " The Companies Act, 1862," and
shall be exercised by such companies, subject to any directions or
restrictions in their articles of association or the special resolutions
contained.
7. Nothing in this Act contained shall operate to repeal the pro- section 55 of 25 &
visions of the fifty-fifth section of " The Companies Act, 1862," but 26 Vi,ct-c- 89 not
J | ' repealed.
such section shall continue in force, and all Acts done or to be done
thereunder shall be as valid and effectual as if this Act had not
been passed.
119 [No. 39.]
Colonial Naval Defence.
[28 Vict.]
No. 39.
An Act to make better Provision for the Naval Defence of the
Colonies.
[1th April, 1865.]
WHEREAS it is expedient to enable the several colonial possessions of Her Majesty the Queen to make better provision for
naval defence, and to that end to provide and man vessels of war,
and also to raise a volunteer force to form part of the Royal Naval
Reserve established, under the Act of Parliament, 1859, " for the
establishment of a reserve volunteer force of seamen, and for the
government of the same," (hereafter in this Act called the Act of
1859,) and accordingly to be available for general service in the
Royal Navy in emergency:
Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows :
1. This Act may be cited as the
1865."
: Colonial Naval Defence Act,
2. In this Act—
The term | Colony" includes any plantation, Island, or other
possession within Her Majesty's dominions, exclusive of the
Hnited Kingdom of Great Britain and Ireland, and of the
islands being immediate dependencies thereof; and exclusive
of India as defined by the Act of Parliament of 1858 "for
the better Government of India:"
The term "the Admiralty" means the Lord High Admiral of
the United Kingdom, or the Commissioners for executing
the office of Lord High Admiral.^
Power for Colonies       3. In any Colony it shall be lawful for the proper Legislative,
to provide vessels    authority, with the approval .of Her Majesty in Council, from time
and raise men and . . .
commission officers, to time to make provision for effecting at the expense of the Colony
°' all or any of the purposes following:
(1.) Eor providing, maintaining, and using a vessel or vessels of
war, subject to such conditions and for such purposes as Her
Majesty in Council from time to time approves :
(2.) Eor raising and maintaining seamen and others entered on
the terms of being bound to serve as ordered in any such
vessel:
120 [28 Vict.] Colonial Naval Defence. [No. 39.]
(3.) Eor raising and maintaining a body of volunteers entered on
the terms of being bound to general service in the Royal
Navy in emergency, and, if in any case the proper Legislative authority so directs, on the further terms of being
bound to serve as ordered in any such vessel as aforesaid:
(4.) Eor appointing commissioned, warrant, and other officers to
train and command or serve as officers with any sjich men
ashore or afloat, on such terms and subject to such regulations as Her Majesty in Council from time to time approves :
(5.) For obtaining from the Admiralty the services of commissioned, warrant, and other officers and of men of the Royal
Navy for the last-mentioned purposes :
(6.) Eor enforcing good order and discipline among the men and
officers aforesaid while ashore or afloat within the limits of
the Colony:
(7.) Eor making the men and officers aforesaid, while ashore or
afloat within the limits of the Colony or elsewhere, subject
to all enactments and regulations for the time being in force
for the discipline of the Royal Navy.
4. Volunteers raised as aforesaid in any Colony shall form part of
the Royal Naval Reserve, in addition to the volunteers who may be
raised under the Act of 1859, but, except as in this Act expressly
provided, shall be subject exclusively to the provisions made as
aforesaid by the proper Legislative authority of the Colony.
5. It shall be lawful for Her Majesty in Council from time to
time as occasion requires, and on such conditions as seem fit, to
authorize the Admiralty to issue to any officer of the Royal Navy
volunteering for the purpose a special commission for service in
accordance with the provisions of this Act.
6. It shall be lawful for Her Majesty in Council from time to
time as occasion requires, and on such conditions as -seem fit, to
authorize the Admiralty to accept any offer for the time being made
or to be made by the Government of a Colony, to place at Her
Majesty's disposal any vessel of war provided by that Government
and the men and officers from time to time serving therein ; and
while any vessel accepted by the Admiralty under such authority,
is at the disposal of Her Majesty, such vessel shall be deemed to all
intents a vessel of war of the Royal Navy, and the men and officers
from time to. time serving in such vessel shall be deemed to all
intents men and officers of the Royal Navy, and shall accordingly
be subject to all enactments and regulations for the time being in
force for the discipline of the Royal Navy.
7. It shall be lawful for Her Majesty in Council from time to
time as occasion requires, and on such conditions as seem fit, to
121
A. D. 1865.
Volunteers to form
part of Royal Naval
Reserve.
Power to Admiralty
to issue special
commissions.
Placing of Colonial
vessel with men and
officers at Her
Majesty's disposal.
As to services of
volunteers and officers in navy. Colonial Laws Validity.
[28 & 29 Vict.]
[No. 40.]
authorize the Admiralty to accept any offer for the time being
made or to be made by the Government of a Colony, to place at
Her Majesty's disposal for general service in the Royal Navy the
whole or any part of the body of volunteers with all or any of the
officers raised and appointed by that Government in accordance
with the provisions of this Act; and when any such offer is accepted,
such of the provisions of the Act of 1859 as relate to men of the
Royal Naval Reserve raised in the Hnited Kingdom when in actual
service shall extend and apply to the volunteers whose services are
so accepted.
8. The Admiralty may, if they think fit, from time to time by
warrant authorize any officer of Her Majesty's Navy of the rank of
Captain, or of a higher rank, to exercise, in the name and on behalf
of the Admiralty, in relation to any Colony, for such time and
subject to such limitations, if any, as the Admiralty think fit, any
power exerciseable by the Admiralty under this Act.
9. Nothing done under this Act by Order in Council, or by the
charge on imperial   Admiralty, or otherwise, shall impose any charge on the revenues
revenues, &c. __,.._  _..      .. .7 ,      ^
of the United Kingdom without express provision made by Parliament for meeting the same.
Nothing in this Act shall take away or abridge any power
vested in Colonies,   vested in or exerciseable by the Legislature or Government of any
No  40.
An Act to remove doubts as to the validity of Colonial Laws.
[29th June, 1865.]
TI7IIEREAS doubts have been entertained respecting the validity
'' of divers laws enacted or purporting to have been enacted by
the Legislatures of certain of Her Majesty's Colonies, and respecting
the powers of such Legislatures, and it is expedient that such
doubts should be removed:
Be it hereby enacted by the Queen's most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows:
term "Colony" shall in this Act include all of Her
Majesty's possessions abroad in which there shall exist a Leais- [28 & 29 View.]
Colonial Laws Validity.
A. D. 1865.
" Legislature:"
'' Colonial Legislature :"
" Representative
Legislature :"
[No. 40.]
lature, as hereinafter defined, except the Channel Islands, the Isle
of Man, and such territories as may for the time being be vested in
Her Majesty under or by virtue of any Act of Parliament for the
Government of India :
The terms " Legislature " and " Colonial Legislature " shall
severally signify the authority, other than the Imperial Parliament or Her Majesty in Council, competent to make laws
for any Colony :
The term " Representative Legislature ' shall signify any Colonial
Legislature which shall comprise a Legislative body of which
one-half are elected by inhabitants of the Colony :
The term "Colonial Law" shall include laws made for any ■■colonial law:"
Colony either by such Legislature as aforesaid or by Her
Majesty in Council :
An Act of Parliament, or any provision thereof, shall, in constru- Act of Parliament,
ino- this Act, be said to extend to any Colonv when it is *c:>t0 ex,tend >°
. Colony when made
made applicable to such Colony by the express words or applicable to such
necessary intendment of any Act of Parliament: Colony:
The term "Governor" shall mean the officer lawfully adminis- ■■Governor:"
tering the Government of any Colony:
The term "Letters Patent" shall mean letters patent under the '• Letters patent."
great
Ireland.
seal of the  Hnited Kingdom  of Great Britain and
2. Any colonial law which is or shall be in any respect repugnant Colonial law when
to the provisions of any Act of Parliament extending to the Colony ™id for rePugnan"
to which such law may relate, or repugnant to any order or regulation made under authority of such Act of Parliament, or having in
the Colony the force and effect of such Act, shall be read subject to
such Act, order, or regulation, and shall, to the extent of such
repugnancy, but not otherwise, be and remain absolutely void and
inoperative.
3. No colonial law.shall be or be deemed to have been void or Colonial law when
inoperative on the ground of repugnancy to the law of England, JJ"™1 orrePus-
unless the same shall be repugnant to the provisions of some such
Act of Parliament, order, or regulation as aforesaid.
4. No colonial law, passed with the concurrence of or assented to colonial law not
by  the Governor of any Colony, or to be hereafter so passed or ||||||||p3
assented to, shall be or be deemed to have* been void or inoperative tions.
by reason only of any instructions with reference to such law or the
subject thereof which may have been given to such Governor by or
on behalf of Her Majesty by any instrument other than the letters
patent or instrument authorizing such Governor to concur in passing
or to assent to laws for the peace, order and good government of
123 [No. 40.]
Colonial Laws Validity.
[28 & 29 "v*iot.]
A. D. 1865.
Colonial Legislature may establish,
&c, Courts of law.
Representative Legislature may alter
constitution.
Certified copies of
laws to be evidence
that they are properly passed.
such Colony, even though such instructions may be referred to in
such letters patent or last-mentioned instrument.
5. Every Colonial Legislature shall have, and be deemed at all
times to have had, full power within its jurisdiction to establish
Courts of Judicature, and to abolish and reconstitute the same, and
to alter the constitution thereof, and to make provision for the
administration of justice therein; and every representative Legislature shall, in respect to the Colony under its jurisdiction, have,
and be deemed at all times to have had, full power to make laws
respecting the constitution, powers, and procedure of such Legislature; provided that such laws shall have been passed in such
manner and form as may from time to time be required by any Act
of Parliament, letters patent, Order in Council, or colonial law for
the time being in force in the said Colony.
6. The certificate of the clerk or other proper officer of a Legislative body in any Colony to the effect that the document to which
it is attached is a true copy of any colonial law assented to by the
Governor of such Colony, or of any Bill reserved for the signification
of Her Majesty's pleasure by the said Governor, shall be prima
facie evidence that the document so certified is a true copy of such
law or bill, and, as the case may be, that such law has been duly
and properly passed and assented to, or that such Bill has been duly
and properly passed and presented to the Governor; and any
Proclamation purporting to be published by authority of the Governor in any newspaper in the Colony to which such law or bill shall
relate, and signifying Her Majesty's disallowance of any such
colonial law, or Her Majesty's assent to any such reserved Bill as
aforesaid, shall be prima facie evidence of such disallowance or
assent.
And whereas doubts are entertained respecting the validity of
certain Acts enacted or reputed to be enacted by the Legislature of
South Australia : Be it further enacted as follows:—
Certain Acts enact- 7. All laws or reputed laws enacted or purporting to have been
enacted by the said Legislature, or by persons or bodies of persons
for the time being acting as such Legislature, which have received
the assent of Her Majesty in Council, or which have received the
assent of the Governor of the said Colony rn the name and on behalf
of Her Majesty, shall be and be deemed to have been valid and
effectual from the date of such assent for all purposes whatever ;
provided that nothing herein contained shall be deemed to give
effect to any law or reputed law which has been disallowed by Her
Majesty, or has expired, or has been lawfully repealed, or to prevent the lawful disallowance or repeal of any law.
Proclamation to be
evidence of assent
and disallowance.
ed by Legislature of
South Australia to
be vRlid.
124 [28 & 29 Vict.] Colonial Marriages.-—Colonial Docks. [Nos. 41 & 42.]
No. 41.
An Act to remove doubts respecting the validity of certain
Marriages contracted in Her Majesty's Possessions abroad.
[29i!A June, 1865.]
TTTHEREAS laws have from time to time been made by the
'' Legislatures of divers of Her Majesty's possessions abroad for
the purpose of establishing the validity of certain marriages previously contracted therein, but doubts are entertained whether such
laws are in all respects effectual for the aforesaid purpose beyond
the hmits of-such possessions: Be it therefore enacted by the
Queen's most Excellent Majesty, by and with the advice and consent
of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows :
A.D. 1865.
1. Every law made or to be made by the Legislature of any such Colonial laws estab-
possession as aforesaid for the purpose of establishing the validity m^rriage^to'h^ve
of any marriage or marriages contracted in such possession shall effect throughout
have and be deemed to have had from the date of the making of dominions,
such law the same force and effect for the purpose aforesaid within
all parts of Her Majesty's dominions as such law may have had or
may hereafter have within the possession for which the same was
made: Provided that nothing in this law contained shall give any
effect or validity to any marriage unless at the time of such marriage both of the parties thereto were, according to the law of tent *° contract
England, competent to contract the same.
Not to give effect to
marriages unless
parties are compe-
marriage.
2. In this Act the word "Legislature" shall include any authority _ „ ...      „
° . Definition of
competent to make laws for any of Her Majesty's possessions abroad, " Legislature."
except the Parliament of the Hnited Kingdom and Her Majesty in
Council.
No. 42.
An Act to authorize Loans in aid of the construction of Docks
in British Possessions.
[5th July, 1865.J
WHEREAS with a view to secure accommodation for vessels of
the Royal Navy in British possessions abroad it is expedient
to authorize loans in aid of the formation there of Docks of dimensions greater than would be requisite for commercial or other private
purposes only:
125
A. D. 1865. [No. 42.]
Colonial Docks Loans.
[28 & 29 Vict.]
A. D. 1865.
Short Title.
Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled, and
by the authority of the same, as follows:—
1. This Act may be cited as the
1865."
Colonial Docks Loans Act,
Interpretation of
terms.
2. In this Act—
The term " the Admiralty" means the Lord High Admiral of
the Hnited Kingdom, or the commissioners for executing
the office of Lord High Admiral:
The term "Dock" includes basin or other work for the reception
of vessels:
The term "Colony" includes any plantation, island, or other
possession within Her Majesty's Dominions, exclusive of the
Hnited Kingdom and its immediate dependencies, and exclusive of India as defined by the Act of Parliament of 1858 " for
the better Government of India :"
The term "person" includes any authority, and any body, corporate or unincorporate.
Power to Treasury       3. Eor the purposes of loans under this Act, the Commissioners
to issue out of con-  0j. jjer Maiesty's Treasury may from time to time, by warrant under
sohdated fund any °      J ^ ■'.■ ..r
sums not exceeding the hands of any two or more of them, cause to be issued out of the
of Admiralty. consolidated fund of the Hnited Kingdom, or the growing produce
thereof, to the account of the Admiralty, any sums of money not
exceeding in the whole the sum of Three hundred thousand pounds.
Account of Admi-       4. The Governor and Company of the Bank of England shall open
at Bank of England
in their books an account with the Admiralty under the title of
"The Lord High Admiral or Commissioners of the Admiralty for
the time being on account of Colonial Docks."
Money issued to be      5. All money from time to time issued under this Act out of the
ofAdmiraHy?01111'    consolidated fund shall be carried to the credit of the said account.
6. Out of the money for the time being standing to the credit of
the said account, the Admiralty may from time to time, if and as it
seems fit, with the previous approval in each instance of the Commissioners of Her Majesty's Treasury, lend such sums of money as
may be required to any person forming or enlarging any Dock in
any Colony, and being willing to make the same of dimension
sufficient to meet the requirements of Her Majesty's Naval Service
on such terms and conditions as may be agreed on between the
Admiralty and the borrower, subject nevertheless and according
to the following provisions:—
126 [28 & 29 Vict.]
Colonial Docks Loans.
[No. 42.]
(1.) The money lent shall not exceed the sum of twenty thousand      ^ q 1865
pounds, nor shall it exceed the estimated cost of increasing 	
the dimensions of the Dock beyond those required for com-
' mercial or other private purposes:
(2.) The amount agreed to be lent shall be made payable by instalments as the work connected with the formation or enlargement of the Dock progress :
(3.) The money lent shall bear interest at not less than four
pounds per centum per annum :
(4.) All and every part of the money lent shall be made repayable
by instalments within a period not exceeding twenty-one
years from the respective dates of the payments on account
of the loan :
(5.) The borrower shall give security to the satisfaction of the
Admiralty and of the Commissioners of Her Majesty's
Treasury, by mortgage of the dock where practicable, or
otherwise, for payment of interest aud repayment of principal.
7. By virtue of this Act, any loan may be made, and any security Loan not restricted
may be given, by way of mortgage or otherwise, on any dues, rates, f8 t0 Powers of
j o j        j oe> j i borrower.
tolls, revenues, or property of the borrower, notwithstanding the
absence of any power in the borrower so to borrow or give security,
except by virtue of this Act, and notwithstanding any limitation of
the amount authorized to be raised under any borrowing power.
8. Every mortgage or other security in respect of a loan under Priority of mort-
this Act shall have priority to all other securities and charges what- g^tes un,lcr this
ever on or affecting the dues, rates, tolls, revenues, or property
comprised in such mortgage or other security, except to a security
or charge of prior date and execution, securing money actually lent
before the date of the agreement for the loan under this Act.
9. In any agreement, deed, or instrument made  or  executed style of admiralty
under this Act, the Admiralty may be styled "The Lord High iu deeds> &c-
Admiral of the Hnited Kingdom, or the Commissioners for executing the office of Lord High Admiral," without any name being
expressed.
10. Any such agreement, deed, or instrument signed or executed signatures, &c, of
by two of the Commissioners of the Admiralty shall be as valid and two Commissioners,
effectual as if signed or executed by the Commissioners for the time
being.
11. All the estate, interest, rights, and powers of the Admiralty
under any mortgage or other security in respect of a loan
this Act shall by virtue of this Act go to and vest in the Lord High
Admiral or Commissioners of the Admiralty for the time being in
succession.
127
Mortgaged pr operty
under t0 vest >n Admiralty
&c. [No. 43.] Union of Vancouver Island g British Columbia. [30 Vict.]
A. D. 1865. 12. All interest from time to time payable, and all principal
PaymenToTinterest money from time to time repayable, in respect of any loan under
and repayment of this Act, shall be paid, under the direction of the Admiralty, to the
! cashiers of the Governor and Company of the Bank of England,
and when so paid shall be carried to the credit of the account kept
by them with Her Majesty's Exchequer.
Transfer back to
consolidated fund.
13. Any money for the time being standing to the credit of the
account opened with the Admiralty may from time to time, under
the direction of the Commissioners of Her Majesty's Treasury, be
transferred by the Governor and Company of the Bank of England
to the account kept by them with Her Majesty's Exchequer, and
when so transferred shall be carried to and made part of the consolidated fund of the United Kingdom.
14. Every agreement for a loan under this Act shall be laid
!   :   ;        ' !       before both Houses  of Parliament within thirty days after the
making thereof, if Parliament is then sitting, and if not, then within
thirty days after the next meeting of Parliament.
Agreements for
loans to be laid
before Parliament
Agreements before
passing of this Act
confirmed.
15. Any agreement made before the passing of this Act by the
Admiralty, and approved by the Commissioners of Her Majesty's
Treasury, for a loan for such a purpose as aforesaid, is hereby
confirmed; and any money may be lent, and all interest agreed for
shall be paid, and all instalments of principal money agreed for
shall be repaid, as nearly as may be in all respects as if the agreement were made under this Act.
No. 43.
A. D. 1866. Proclamation by His Excellency Frederick Seymour, Governor
and Commander-in-Chief of Her Majesty's Colony of British
Columbia and its Dependencies, Vice-Admiral of the same,
&c, &c, &c.
[11th November, 1866.]
TI7HEREAS by an Act of Parliament made and passed in the
"' session of the Imperial Parliament holden in the 29th and 30th
years of the reign of Her Majesty Queen Victoria, chapter 67, intituled "An Act for the Union of the Colony of Vancouver Island
with the Colony of British Columbia'' it was, among other things,
enacted that from and immediately after the proclamation of the
above-mentioned Act of Parliament by the Governor of British
Columbia, the Colony of Vancouver Island should be united with
128 [30 Vict.] Union of Vancouver Island g British Columbia. [No. 43.J
the Colony of British Columbia and form one Colony, in manner
in such Act mentioned:
Now, therefore, I, Frederick Seymour, Governor of the said
Colony of British Columbia, do hereby proclaim and publish the
said Act for the guidance of Her Majesty's subjects and all others
whom it may concern, as follows:—
j CAP. LXVH.
"An Act for the Union of the Colony of Vancouver Island with the
" Colony of British Columbia.
I [6th August, 1866.]
u D K it enacted by the Queen's most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual and Temporal, and
" Commons, in this present Parliament assembled, and by the authority
" of the same, as follows:—
" 1. This Act may be cited as the.'British Columbia Act, 1866.'
"2. In this Act the term 'Governor' means any officer for the time
" being lawfully administering the Government.
" 3. Prom and immediately after the proclamation of this Act by the
" Governor of British Columbia, the Colony of Vancouver Island shall
"be and the same is hereby united with the Colony of British Columbia,
"and thenceforth those two Colonies shall form and be one Colony,
I with the name of British Columbia (which union is in this Act referred
" to as the union).
" 4. On the union taking effect, the form of Government existing in
" Vancouver Island as a separate Colony shall cease, and the power and
" authority, of the Executive Government and of the Legislature existing
"in British Columbia shall extend to and over Vancouver Island; but
"in order that provision may be made for the representation of Van-
" couver Island in the Legislature of British Columbia after the union
" the maximum number of Councillors in. the Legislative Council of
" British Columbia after the union shall, until it is otherwise provided
"by lawful authority, be twenty-three instead of fifteen.
" 5. After and notwithstanding the union the laws in force in the
" separate Colonies of British Columbia and Vancouver Island respec-
" tively at the time of the union taking effect shall, until it is otherwise
"provided by lawful authority, remain in force as if this Act had not
" been passed or proclaimed ; save only that the laws relative to the
"Eevenue of Customs in force in British Columbia at the time of the
"union taking effect shall, until it is otherwise provided by lawful
" authority, extend and apply to Vancouver Island ; and, until it is
"otherwise provided by lawful authority, the Governor of British
"Columbia shall have, in relation to the territory for the time beiDg
"under his Government, all the powers and authorities for,the time
"being vested, in relation to the United Kingdom, in the Commission-
" ers of Her Majesty's Treasury or in the Commissioners of Customs,
129
A. D. 1866.
Short Title.
" Governor."
On proclamation of
this Act in British
Columbia, Vancouver Island united
therewith.
As to Government
of united Colony.
Laws of the separate Colonies to continue except as to
Revenue of" Customs [No. 43.] Union of Vancouver Island $ British Columbia. [30 Vict.]
" with respect to the appointment of warehousing ports, and the approval
| and appointment of warehouses or places of security in such ports,
| and everything consequent thereon or relative thereto.
" 6. Nothing in this Act shall take away or restrict the authority of
" the Governor of British Columbia, with the advice and consent of the
" Legislative Council thereof, to make laws for the peace, order, and
" good government of British Columbia, either before or after the union;
" nor shall anything in this act interfere with the exercise of any power
"that would have been exerciseable by Her Majesty in Council if this
" Act had not passed.
"7. Until the union British Columbia shall comprise all such territo-
"ries within the dominions of Her Majesty as are bounded to the south
" by the territories of the United States of America, to the west by the
" Pacific Ocean and the frontier of the Russian territories in North
"America, to the north by the sixtieth parallel of north latitude, and
"£d the east from the boundary of the United States northwards by the
" .Rocky Mountains and the one hundred and twentieth meridian of west
" longitude, and shall include Queen Charlotte's Island and all other
" islands adjacent to the said territories, except Vancouver Island and
I the islands adjacent thereto.
After the union British Columbia shall comprise all the territories
" and islands aforesaid and Vancouver Island and the islands adjacent
" thereto.
" 9. The Acts described in the Schedue to this Act are hereby repeal-
" ed; but this repeal shall not invalidate any Order in Council or other
"instrument issued under the authority of those Acts or either of them,
" or any act done or right or title acquired by virtue of those Acts or
"either of them or of any such order or instrument.
" SCHEDULE.
"Acts repealed,
"21 & 22 Vict. c. 99. An Act to provide for the Government of British
' Columbia.
" 26 & 27 Vict. c. 83. An Act tp define the boundaries of the Colony
" of British Columbia, and to continue an Act to provide for the Govern-.
" ment of the said Colony."
And I, the said Frederick Seymour, as such Governor as aforesaid, do hereby further proclaim and publish that the Colony of
Vancouver Island shall, from the proclamation hereof, be and the
same is hereby united with the Colony of British Columbia, and the
said two Colonies shall, from the proclamation hereof, form and be
one Colony, with the name of British Columbia.
And  I, the  said  Governor,  do hereby further proclaim  aud
publish that,  notwithstanding  the  union  aforesaid, the laws in
130 [32 Vict.]
Seat of Government.
[No. 44.]
force at the proclamation hereof in the separate Colonies of British
Columbia and Vancouver Island respectively, until it is otherwise
provided by lawful authority, shall remain in force as if the said Act
had not been passed or proclaimed; save only that the laws relating
to the Revenue of Customs in force in British Columbia at the
proclamation hereof shall, until otherwise provided by lawful
authority, extend and apply to Vancouver Island; and until it is
otherwise provided by lawful authority the Governor of British
Columbia shall have, in relation to the territory for the time being
under his Government, all the powers and authorities for the time
being vested, in relation to the United Kingdom, in the Commissioners of Her Majesty's Treasury or in the Commissioners of Her
Majesty's Customs, with respect to the appointment of warehousing
ports, and the approval and appointment of warehouses or places
of security in such ports, and everything consequent thereon or relative thereto.
And I, the said Governor, do hereby further proclaim and publish
that all and singular other the clauses and provisions of the said Act
shall take full effect in the said Colonies and dependencies so united
as aforesaid, under the name of British Columbia, as and from the
proclamation hereof.
This Proclamation may be cited as the "Union Proclamation,
1866."
A. 1). 1866.
No. 44*
Proclamation by His Excellency Frederick Seymour, Esquire,
Governor and Commander-in-Chief in and over the Colony
of British Columbia and its Dependencies^ Vice-Admiral and
Ordinary of the same, &c, &c, &c.
[25th May, 1868.]
"IT7HEREAS under and by virtue of a Proclamation, made and
»^ issued on the fourteenth day of February, one thousand eight
hundred and fifty-nine, the site of the present City of New Westminster was laid out as the Capital of the Colony of British Columbia as then defined and existing:
And whereas under aud by virtue of an Act of Parliament, made
and passed in the 29th and 30th years of the reign of Her Majesty
Queen Victoria, intituled the "British Columbia Act, 1866," and
the proclamation thereof made by the Governor of British Columbia
upon the nineteenth day of November, one thousand eight hundred
and sixty-six, the formerly separate Colony of Vancouver Island and
131
A. D. 1868. [No. 45. j British NortJl America. [30 & 31 Vid¥/|
A 1) 1868      i*s dependencies was united with the formerly separate Colony of
  British Columbia and its dependencies, under the name of the
Colony of British Columbia:
And whereas it is expedient to declare the Capital and Seat of
Government of the said united Colony :
Now know ye, and I do hereby declare as follows:—
From and after the date hereof, and until otherwise appointed by
Her said Majesty Queen Victoria, Her heirs and successor's, the
City of Victoria, in the Colony of British Columbia, shall be and be
deemed for all purposes' whatsoever the Capital and Seat of Government of the united Colony of British Columbia.
No- 45-
An Act for the  union  of  Canada, Nova  Scotia,  and  New
Brunswick, and the Government thereof; and for purposes
connected therewith.
[29th Mareh, 1867.]
IITHEREAS the Provinces of Canada, Nova Scotia, and New
»^ Brunswick have expressed their desire to be federally united
into one Dominion under the Crown, of the United Kingdom of
Great Britain and Ireland, with a Constitution similar in principle
to that of the United Kingdom:
And whereas such a union would conduce to the welfare of the
Provinces and promote the interests of the British Empire:
And whereas on the establishment of the Union by authority of
Parliament it is expedient, not only that the Constitution of the
Legislative authority in the Dominion be provided for, but also
that the nature of the Executive Government therein be declared:
And whereas it is expedient that provision be made for the
eventual admission into the Union of other parts of British North
America:
Be it therefore enacted and declared by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:—
1. This Act may be
1867."
182
I. Preliminary.
cited as " The British North  A merica Act, [80 & 31 Vict.] British North America. [No. 45.]
2. The provisions pf this Act referring to Her Majesty the Queen,      A. D. 1867.
extend also to the heirs and successors of Her Majesty, Kings and APPiicatio7of pro-
Queens of the Hnited Kingdom of Great Britain and Ireland. visions referring to
the Queen.
H. Union.
3. It shall be lawful for the Queen, by and with the advice of Declaration of
Her Majesty's Most Honourable Privy Council, to declare by Pro- uni0D'
clamation that, on and after a day therein appointed, not being
more than six months after the passing of this Act, the Provinces
of Canada, Nova Scotia, and New Brunswick shall form and be pne
Dominion under the name of Canada; and on and after that day,
those three Provinces shall form and be one Dominion under that
name accordingly.
4. The subsequent provisions of this Act shall, unless it is other- Construction of
wise expressed or implied, commence and have effect on and after
the Union, that is to say, on and after the day appointed for the
Union taking effect in the Queen's Proclamation; and in the same
provisions, unless it is otherwise expressed or implied, the name
Canada shall be taken to mean Canada as constituted under this
Act.
subsequent provisions of Act.
5. Canada shall be divided into four Provinces, named Ontario^
Quebec, Nova Scotia, and New Brunswick.
Four Provinces.
6. The parts of the Province of Canada (as it exists at the passing proTinces of on-
of this Act) which formerly constituted respectively the Provinces tario and Quebec.
of Upper Canada and Lower Canada shall be deemed to be severed,
and shall form two separate Provinces. The part which formerly
constituted the Province of Upper Canada shall constitute the
Province of Ontario; and the part which formerly constituted the
Province of Lower Canada shall constitute the Province of Quebec.
■7. The Provinces of Nova Scotia and New Brunswick shall have Provinces of Nova
the same limits as at the passing of this Act. Scotia and New
Brunswick.
8. In the general census of the population of Canada which is Deoeimial census
hereby required to be taken in the year One thousand eight bun-   -
dred and seventy-one, and in every tenth year thereafter, the respective populations of the four Provinces shall be distinguished.
HI.—Executive Power.
9. The Executive Government and authority of and over Canada Declaration of Ex-
is hereby declared to continue and be vested in the Queen. thfQueen™iU
10. The provisions of this Act referring to the Governor-General Application of pro-
extend and apply to the Governor-General for the time being of ™ions referring to
*r J .       r\ rr. i    •   • r-      (iovernor-Oreneral.
Canada, or other the Chief Executive Officer or Administrator tor
133 ' [No. 45.]
British North America.
[30 & 31 Vict.]
A. D. 1867.
Constitution of
Privy Council for
Canada.
All powers under
Acts to be exercised
by Governor-General with advice of
Privy Council, or
alone.
the time being carrying on the Government of Canada on behalf
and in the name of the Queen, by whatever title he is designated.
11. There shall be a Council to aid and advise in the Government of Canada, to be styled the Queen's Privy Council for Canada;
and the persons who are to be members of that Council shall be
from time to time chosen and summoned by the Governor-General
and sworn in as Privy Councillors, and members thereof may be
from time to time removed by the Governor-General.
12. All powers, authorities, and functions which under any Act
of the Parliament of Great Britain, or of the Parliament of the
United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or
New Brunswick, are at the Union vested in or exerciseable by the
respective Governors or Lieutenant-Governors of those Provinces,
with the advice, or with the advice and consent, of the respective
Executive Councils thereof, or in conjunction with those Councils,
or with any number of members thereof, or by those Governors or
Lieutenant-Governors individually, shall, as far as the same continue
in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exerciseable
by the Governor-General with the advice, or with the advice and
consent of, or in conjunction with the Queen's Privy Council for
Canada, or any members thereof, or by the Governor-General individually, as the case requires, subject nevertheless (except with
respect to such as exist under Acts of the Parliament of Great
Britain or of the Parliament of the United Kingdom of Great
Britain and Ireland) to be abolished or altered by the Parliament
of Canada.
Application of pro-      13. The provisions of this Act referring to the Governor-General
visions referring to   •     /^t -iini .        i f     •     "" ,      ,i       .--< /~t i
Governor-General    in Gouncil snail be construed as referring to the Governor-General
in Council. acting by and with the advice of the Queen's Privy Council for
Canada.
Power to Her 14. It shall be lawful for the Queen, if Her Majesty thinks fit, to
Goier'nor-GeneraT6 authorize the Governor-General from time to time to appoint any
to appoint deputies, person or any persons, jointly or severally,  to  be  his  deputy  or
deputies within any part or parte of Canada, and in that capacity to
exercise, during the pleasure of the Governor-General, such of the
powers, authorities, and functions of the Governor-General as the
'Governor-General deems it necessary or expedient to assign to him
or them, subject to any limitations or directions expressed or given
by the Queen; but the appointment of such a deputy or deputies
shall not affect the exercise by the Governor-General himself of any
power, authority or function.
134 [80 & 81 Vict.]
British North America.
[No. 45.]
15. The command-in-chief of the land and naval militia, and of     A.D. 1867.
all naval and military forces, of and in Canada, is hereby declared commanTof armed
to continue to be vested in the Queen. forces to continue
to be vested in the
„   tt    . Queen.
16. Until the Queen otherwise directs,' the Seat of Government Seat of Government
of Canada shall be Ottawa. of Canada.
IV.—Legislative Power.
17. There shall be one Parliament for Canada, consisting of the Constitution of Par-
Queen,  an Upper House styled the Senate,  and the   House   of liament of Canada-
Commons.
18. The privileges, immunities, and powers to be held, enjoyed, Privileges.,
and exercised by the Senate and by the House of Commons, and by 01ses'
the members thereof respectively, shall be such as are from time to
time defined by Act of the Parliament of Canada, but so that the same
shall never exceed those at the passing of this Act held, enjoyed, and
exercised by the Commons House of Parliament of the United
Kingdom of Great Britain and Ireland and by the members thereof.
;c, of
19. The Parliament of Canada shall be called together not later First session of the
Parliament of Canada.
than six months after the Union
20. There shall be a session Of the Parliament of Canada once at Yearly session of
>e Par
Canada
least in  every year, so that twelve  months shall not intervene "' 1||!11;|'" <•'
between the last sitting of the Parliament in one session and its first
sitting in the next session.
The Senate.
21. The Senate shall, subject to the provisions of this Act, consist Number of Senators
of seventy-two members, who shall be styled Senators.
22. In relation to the constitution of the Senate, Canada shall be Representation of
deemed to consist of three divisions,— Provinces in Senate
1. Ontario:
2. Quebec:
3. The Maritime Provinces, Nova Scotia, and New Brunswick;
which three divisions shall (subject to the provisions of this Act) be
equally represented in the Senate as follows :—Ontario, by twenty-
four Senators; Quebec by twenty-four Senators; and the Maritime
Provinces by twenty-four Senators, twelve thereof representing
Nova Scotia, and twelve thereof representing New Brunswick.
In the case of Quebec each of the twenty-four Senators representing that Province shall be appointed for one of the twenty-four
electoral divisions of Lower- Canada specified in Schedule A. to
chapter one of the Consolidated Statutes of Canada.
135 [No. 45.] British North America. [30 & 31 Vioy.]
23. The qualification of a Senator shall be as follows:—
(1.) He shall be of the full age of thirty years:
(2.) He shall be either a natural-born subject of the Queen, or a
subject of the Queen naturalized by an Act of the Pariiapaent
of Great Britain, or of the Parliament of the United Kingdom
of Great Britain and Ireland, or of the Legislature of one of
the Provinces of Upper Canada, Lower Canada, Canada,
Nova Scotia, or New Brunswick, before the Union, or of the
Parliament of Canada after the Union:
(3.) He shall be legally or equitably seised as of freehold for his
own use and benefit of lands or tenements held in free and
common socage, or seised or possessed for his own use and
benefit of lands or tenements held in franc-alleu or in
roture, within the Province for which he is appointed, of the
value of four thousand dollars, over and above all rents, dues,
debts, charges, mortgages, and incumbrances due or payable
out of or charged on or affecting the same:
(4.) His real and personal property shall be together worth four
thousand dollars over and above his debts and liabilities:
(5.) He shall be resident in the Province for which he is
appointed :
(6.) In the case of Quebec he shall have his real property qualification in the electoral division for which he is appointed, or
shall be resident in that Division'.
24. The Governor-General shall from time to time, in the Queen's
name by instrument under the Great Seal of Canada, summon
qualified persons to the Senate; and subject to the provisions of this
Act, every person so summoned shall become and be a member of
the Senate and a Senator.
25. Such persons shall be first summoned to the Senate as the
Queen by Warrant under Her Majesty's Royal Sign Manual thinks
fit to approve, and their names shall be inserted in the Queen's
Proclamation of Union.
26. If at any time, on the recommendation of the Governor-
General, the Queen thinks fit to direct that three or six members be
added to the Senate, the Governor-General may by summons to
three or six qualified persons (as the case may be,) representing
equally the three divisions of Canada, add to the Senate accordingly.
27. Jn case of such addition being at any time made the Governor-
Gener§l sh^ll not summon any person to the Senate, except on p.
further like direction by the Queen on the like reepmmeiidatiQn,
136 [31 & 32 Vic?,] Btiikh North Ameriaa. [No. 45.]
until each of the three divisions of Canada is represented by twenty-      ^ -q jg6-
four Senators and no more. 	
28. The number of Senators shall not at any time exceed seventy- Maximum numher
eiaht. °^ Senators.
29. A Senator shall, subject to the provisions of this Act, hold his Tenure of place
place in the Senate for life. in Senate-
SjO. A Senator- may by writing under his hand, addressed to the Resignation of place
Governor-General, resign his pl^pe in the Senate, and thereupon fhe in Senate,
same shall be vacant.
31. The place of a Senator shall becpme vacant in any of the Disqualification of
following cases:— Senators.
(1.) If for two consecutive Sessions of the Parliament he fails to
give his attendance in the Senate:
(2.) If he takes an oath, or makes a declaration or acknowledgment
of allegiance, obedience, or adherence to a Foreign Power, or .
does an act whereby he becomes a subject or citizen, or entitled to the rights or privileges of a subject or citizen of a
foreign power:
(3.) If he is adjudged bankrupt or insolvent, or applies for the
benefit of any law relating to insolvent debtors, or becomes a
public defaulter:
(4.) If he is attainted of treason or convicted of felony or of any
infamous crime:
(5.) If he ceases to be qualified in respect of property or of residence; provided that a Senator shall not be deemed to have
ceased to be qualified in respect of residence by reason only
of his residing at the Seat of the Government of Canada while
holding an pffi.ce under that Government requiring his
presence there.
32. When a vacancy happens in the Senate by resignation, death, Summons of va-
or otherwise, the Governor-General shall by summons to a fit and canc7 in Senate.
qualified person fill the vacancy.
33. If any question arises respecting the qualification of a Senator, QUesti0ns as to
or a vacancy in the Senate, the same shall be heard and determined qualifications and
u vacancies in Senate.
by the Senate.
34. The Governor-General may from time to time, by instrument
under the Great Seal of Canada, appoint a Senator to be Speaker of speaker "of Senate,
the Senate, and may remove him and appoint another in his stead.
35. Until  the  Parliament  of  Canada  otherwise  provides, the n„„„„,   ,-o „„.„
presence of at least fifteen Senators, including the Speaker, shall be
necessary to constitute a meeting of the Senate for the exercise of
its ppwers.
J37 A.D. 1867.
Voting in Senate.
[No. 45.] British North America. [31 & 82 Vict.]
36. Questions arising in the Senate shall be decided by a
majority of voices, and the Speaker shall in all cases have a vote,
and when the voices are equal the decision shall be deemed to be in
the negative.
The House of Commons.
Constitution of 37. The House of Commons shall, subject to the provisions of this
in°CanaOdfa0ommonS Act, consist of one hundred and eighty-one members, of whom
eighty-two shall be elected for Ontario, sixty-five for Quebec, nineteen for Nova Scotia, and fifteen for New Brunswick.
Summoning of
House of Commons.
Senators not to sit
in House of Commons.
Electoral districts
of the four Provinces.
38. The Governor-General shall from time to time, in the Queen's
name, by instrument under the great seal of Canada, summon and
call together the House of Commons.
39. A Senator shall not be capable of being elected or of sitting
or voting as a member of the House of Commons.
40. Until the Parliament of Canada otherwise provides, Ontario,
Quebec, Nova Scotia, and New Brunswick, shall, for the purposes
of the election of members to serve in the House of Commons, be
divided into Electoral Districts as follows :—
1.—Ontario.
Ontario shall be divided into the counties, ridings of counties,
cities, parts of cities, and towns enumerated in the Eirst Schedule
to this Act, each whereof shall be an Electoral District, each such
district as numbered in that Schedule being entitled to return
one member.
2.—Quebec
Quebec shall be divided into sixty-five Electoral Districts, composed of the sixty-five Electoral Divisions into which Lower Canada
is, at the passing of this Act, divided under chapter two of the Consolidated Statutes of Canada, chapter seventy-five of the Consolidated
Statutes for Lower Canada, and the Act of the Province of Canada
of the twenty-third year of the Queen, chapter one, or any other Act
amending the same in force at the Union, so that each such Electoral
Division shall be, for the purposes of this Act, an Electoral District
entitled to return one member.
3.—Nova Scotia.
Each of the eighteen counties of Nova Scotia shall be an Electoral
District. The county of Halifax shall be entitled to return two
members, and each of the other counties one member.
4.—jNew Brunswick.
Each of the fourteen counties into which New Brunswick is
divided, including the city and county of St. John, shall be an
138 [31 & 32 Vict.] British North America. [No. 45.]
Electoral District.    The city of St. John shall also be a separate      ^ jj 1867
Electoral District.    Each of those fifteen Electoral Districts shall be 1        	
entitled to return one member.
41. Until the Parliament of Canada otherwise provides, all laws Continuance of ex-
in force in the several Provinces at the Union relative to the follow- MfflVwiumMt rf
ing matters or any of them, namely:—the qualifications and dis- Canada otherwise
qualifications of persons to be elected or to sit or vote as members
of the House of Assembly or Legislative Assembly in the several
Provinces; the voters at elections of such members; the oaths to
be taken by voters; the Returning Officers, their powers and duties;
the proceedings at elections.; the periods during which elections
may be continued; the trial of controverted elections, and proceedings incident thereto; the vacating of seats of members, and the
execution of new writs in case of seats vacated otherwise than by
dissolution,—shall respectively apply to elections of members to
serve in the House of Commons for the same several Provinces.
Provided that, until the Parliament of Canada otherwise provides,
at any election for a member of the House of Commons for the
District of Algoma, in addition to persons qualified by the law of
the Province of Canada to vote, every male British subject, aged
twenty-one years or upwards, being a householder, shall have a vote.
42. For the first election of members to serve in the House of writs for first
Commons, the Governor-General shall cause writs to be issued by eleotlon-
such person, in such form, and addressed to such Returning Officers
as he thinks fit.
The person issuing writs under this Section shall have the like
powers as are possessed at the Union by the officers charged with
the issuing of writs for the election of members to serve in the
respective House of Assembly or Legislative Assembly of the
Province of Canada, Nova Scotia, or New Brunswick; and the
Returning Officers to whom writs are directed under this section
shall have the like powers as are possessed at the Union by the
officers charged with the returning of writs for the election of members to serve in the same respective House of Assembly or Legis- -
lative Assembly.
43. In case a  vacancy in the representation  in the House of As t0 casuai
Commons of any Electoral District happens before the meeting of vacancies,
the Parliament, or after the meeting of the Parliament before provision is made by the Parliament in this behalf, the provisions of
the last foregoing Section of this Act shall extend and apply to the
issuing and returning of a writ in respect of such vacant district.
44. The House of Commons on its first assembling after a general as to election of
election shall proceed with all practicable speed, to elect one of its ^f^°LHouse
± A . oi commons.
members to be Speaker.
139 A. D. I867.
As to filling up
vacancy in office of
Speaker.
Speaker to preside.
Provision in ease
of absence of
Speaker.
QT§. 45.] British Ngrlh America. [31 & 32, Vict.}
4§. Jn ease of a vacancy happening in the office of Speaker by
death, resignation, or otherwise, the House of Commons shall, with
all practicable speed, proceed to elect another pf its members to be
Speaker.
46. The Speaker shall preside at all meetings of the House of
Commons.
47. Until the Parliament of Canada otherwise provides, in case of
the absence for any reason of the Speaker from the chair of the
House of Commons for a period of forty-eight consecutive hours, the
House may elect another of its members to act as Speaker, and the
member so elected shall, during the continuance of such absence of
the Speaker, have and execute all the powers,' privileges, and duties
of Speaker.
48. The presence of at least twenty rnembers of the House of
Commons shall be necessary to constitute a meeting of the House
for the exercise of its powers; and for that purpose the Speaker
shall be reckoned as a member.
49. Questions arising in the House of Commons shall be decided
by a majority of voices other than that of the Speaker, and when
the voices are equal, but not otherwise, the Speaker shall have a vote.
50. Every House of Commons-shall continue for five years from
the day of the return of the writs for choosing the House (subject to
be sooner dissolved by the Governor-General), and no longer.
51. On the completion of the census in the year one thousand
eight hundred and seventy-one, and of each subsequent decennial
pepsus, the representation of the four Provinces shall be re-adjusted
by such authority, in such manner, and for such time, as. the Parliament of Canada from time to time provides, subject and according
to the following rules:—
(1.) Quebec shall have the fixed number of sixty-five members :
There shall be assigned to each of the other Provinces such
a number of members as will bear the same proportion to the
number of its population (ascertained at such census) as the
number sixty-five bears to the number of the population '
of Quebec (so ascertained) :
(3.) In the computation of the number of members for a Province
a fractional part not exceeding one-half of the whole number
requisite for entitling the Province to a member shall be
disregarded ; but a fractional part exceeding one-half of that
number shall be equivalent to the whole number:
(4.) On any such re-adjustment the number of members for a
Province shall not be reduced unless the proportion which [81 & 32 Vict.]
British North America.
[No. 48.]
the number of the population of the Province bore to the       ^ p> ^ggw
number of the aggregate population of Canada at the then 	
last preceding re-adjustment of the number of members for
the Province is ascertained at the then latest census to be
diminished by one-twentieth part or upwards:
(5.) Such re-adjustment shall not take effect until the termination
of the then existing Parliament.
52. The number of members of the House of Commons maybe increase of number
from time to time increased by the Parliament of Canada, provided of House of Com"
the proportionate representation of the Provinces prescribed by this
Act is not thereby disturbed.
Money Votes; Royal Assent.
53. Bills for appropriating any part of the public revenue, or for Appropriation and
imposing any tax or impost, shall originate in the House of Commons. tax   ' s'
54. It shall not be lawful for the House of Commons to adopt or Recommendation of
pass any vote, resolution, address, or bill for the appropriation of monev votes-
any part of the public revenue, or of any tax or impost; to any purpose that has not been first recommended to that House by Message
of the Governor-General in the Session in which such vote, resolution,
address, or bill is proposed.
55. Where a Bill passed by the Houses of the Parliament is pre- Royal assent to
sented to  the Governor-General for the Queen's assent, he shall   ' s'   c'
declare, according to his discretion, but subject to the provisions of
this Act and to Her Majesty's instructions, either that he assents
thereto in the Queen's name, or that he withholds the Queen's assent, or that he reserves the Bill for the signification of the Queen's
pleasure.
56. Where the Governor-General assents to a Bill in the Queen's Disallowance by
name, he shall, by the first convenient opportunity, send an authentic Act^ssented to'bv
copy of the Act to one of Her Majesty's Principal Secretaries of Ooveinor-Generai.
State, and if the Queen in Council within two years after receipt
thereof by the Secretary of State thinks fit to disallow the Act, such
dissallowance (with a certificate of the Secretary of State of the day
on which the Act was received by him) beiug signified by the
Governor-General, by Speech or Message to each of the Houses of
the Parliament, or by Proclamation, shall annul the Act from and
after the day of such signification.
57. A Bill reserved for the signification of the Queen's pleasure Signification of
shall not have any force unless and until within two years from the ^""m^eserv"™
day on which it was presented to the  Governor-General for the
Queen's assent, the Governor-General signifies by Speech or Message
to each of the Houses of the Parliament, or by Proclamation, that
it has received the assent of the Queen in Council.
141 [No. 45.]
A. D. 186
Appointment of
Lieutenant-Governors of Provinces.
Tenure of office
of Lieutenant-
Governor.
British North America.
[31 & 32 Vict.]
An entry of every such Speech, Message, or Proclamation shall
be made in the Journal of each House, and a duplicate thereof duly
attested shall be delivered to the proper officer to be kept among
the records of Canada.
V.—Provincial Constitutions.
Executive Power.
58. For each Province there shall be an officer, styled the
Lieutenant-Governor, appointed by the Governor-General in Council
by instrument under the great seal of Canada.
59. A Lieutenant-Governor shall hold office during the pleasure
of the Governor-General; but any Lieutenant-Governor appointed
after the commencement of the first session of the Parliament of
Canada shall not be removeable within five years from his appointment, except for cause assigned, which shall be communicated to
him in writing within one month after the order for his removal is
made, and shall be communicated by message to the Senate and to
the House of Commons within one week thereafter if the Parliament is then sitting, and if not, then within one week after the
commencement of the next session of the Parliament.
60. The salaries of the Lieutenant-Governors shall be fixed aud
provided by the Parliament of Canada.
61. Every Lieutenant-Governor shall, before assuming the duties
of his office, make and subscribe before the Governor-General, or
some person authorized by him, oaths of allegiance and office
similar to those taken by the Governor-General.
62. The provisions of this Act referring to the Lieutenant-
Governor extend and apply to the Lieutenant-Governor for the time
being of each Province, or other the Chief Executive Officer or
Administrator for the time being carrying on the Government of
the Province, by whatever title he is designated.
63. The Executive Council of Ontario and of Quebec shall be
composed of such persons as the Lieuteuant-Governor from time to
time thinks fit, and in the first instance of the following officers,
namely,—the Attorney-General, the Secretary and Registrar of the
Province, the Treasurer of the Province, the Commissioner of
Crown Lands, and the Commissioner of Agriculture and Public
Works, with in Quebec the Speaker of the Legislative Council and
the Solicitor-General.
64. The constitution of the Executive authority in each of the
Provinces of Nova Scotia aud New Brunswick shall, subject to the
provisions of this Act, continue as it exists at the Union until altereu-
under the authoritv of this Act. [31 & 32 Vict.] British North America. [No. 45.]
65. All powers, authorities and functions which under any Act      A. D. 1867.
of the Parliament of Great Britain, or of the Parliament of the powers WM exer.
United Kingdom of Great Britain and Ireland, or of the Legislature cised by Lieutenant-
» rr /-ijT /-.-i ^        -i ■!, Governor of Ontario
oi upper Canada, .Lower Canada, or Canada, were or are before or or Quebec with
at the Union vested in or exerciseable by the respective Governors advice or alone-
or  Lieutenant-Governors of those Provinces, with the advice or
with the advice and consent of the respective Executive Councils
thereof, or in conjunction with those Councils, or with any number
of members thereof, or by those Governors or Lieutenant-Governors
individually, shall, as far as the same are capable of being exercised
after the Union in relation to the  Government  of Ontario  and
Quebec respectively, be vested in and shall or may be exercised by
the Lieutenant-Governor of Ontario and Quebec respectively, with
the advice or with the advice and consent'of or in conjunction with
the respective Executive Councils, or any members thereof, or by
the Lieutenant-Governor individually, as the case requires, subject
nevertheless (except with respect to such as exist under Acts of the
Parliament of Great Britain, or of the Parliament of the United
Kingdom of Great Britain and Ireland,) to be abolished or altered
by the respective Legislatures of Ontario and Quebec.
66. The provisions, of this Act referring to the Lieutenant-Gover- Application of pro-
nor in Council shall be construed as referring to the Lieutenant- vl.sions referring to
° j Lieutenant-Govern-
Governor of the Province acting by and with the advice of the or in Council.
Executive Council thereof.
67. The Governor-General in Council may from time to time Administration in
. ,     .   .  ,    .,    SM-. , ,« j   j?       j.- j? absence. &c, of
appoint an Administrator to exercise the omee ana functions oi Lieu tenant-Go vem-
Lieutenant-Governor during his absence, illness, or other inability. or-
68. Unless and until the Executive Government of any Province Seats of Provincial
,i -       -i-       ,        -.1 ,   ,     ,i    .  -i»       • j.i_ r r\   _„ Governments.
otherwise directs with respect to that Province, the seats of Government of the Provinces shall be as follows, namely,—of Ontario, the
City of Toronto; of Quebec, the City of Quebec; of Nova Scotia,
the City of Halifax; and of New Brunswick, the City of Eredericton.
Legislative Power.
1.—Ontario.
6t>. There shall be
Lieutenant-Governor
Assembly of Ontario.
a L
and
egi
of
slature for Ontario <
one   House,  styled
ion si sting
the  Legi
of the
slative
Leg
Ont£
slature
rio.
for
70. The Legislative Assem
eighty-two members, to be
Electoral Districts set forth in
bly of Ontario shall
elected to  represent
the First Schedule t
be c
the
5 this
omposed of
eighty-two
i Act.
143
Klec
tornl D
strk-tg,
- British North Aihefica. [31 & 32 Vict.]
2.—Quebec.
71. There shall be a Legislature for Quebec consisting of the
Lieutenant-Governor and of two Houses, styled the Legislative
Council of Quebec and the Legislative Assembly of Quebec.
72. The Legislative Council of Quebec shall be composed of
twenty-four members, to be appointed by the Lieutenant-Governor,
in the Queen's name, by instrument under the great seal of Quebec,
one being appointed to represent each of the twenty-four Electoral
Divisions of Lower Canada in this Act referred to, and each holding
office for the term of his life, unless the Legislature of Quebec
otherwise provides under the provisions of this Act.
78. The qualifications of the Legislative Councillors of Quebec
shall be the same as those of the Senators for Quebec.
74. The place of a Legislative Councillor of Quebec shall become
vacant in the cases, mutatis mutandis, in which the place of Senator
becomes vacant.
75. When a vacancy happens in the Legislative Council of
Quebec by resignation, death, or otherwise, the Lieutenant-Governor, in the Queen's name, by instrument under the great seal of
Quebec, shall appoint a fit and qualified person to fill the vacancy.
76. If any question arises respecting the qualification of a Legislative Councillor of Quebec, or a vacancy in the Legislative Council
of Quebec, the same shall be heard and determined by the Legislative Council.
77. The Lieutenant-Governor may from time to time, by instrument under the great seal of Quebec, appoint a member of the
Legislative Council of Quebec to be Speaker thereof, and may
remove him and appoint another in his stead.
78. Until the Legislature of Quebec otherwise provides-, the
presence of at least ten members of the Legislative Council, including the Speaker, shall be necessary to constitute a meeting for the
exercise of its powers.
79. Questions arising in the Legislative Council of Quebec shall
be decided by a majority of voices, and the Speaker shall in all
cases have a vote, and when the voices are equal the decision shall
be deemed to be in the negative.
80. The Legislative Assembly of Quebec shall  be composed of
sixty-five members, to be elected to represent the sixty-five Electoral
Divisions or Districts of Lower Canada in  this Act referred to
subject to alteration thereof by the Legislature of Quebec:   Provided that it shall not be lawful to present to the Lieutenant- [30 & 31 Vict.] British North America.
[No. 45.]
Governor of Quebec for assent any Bill for altering the limits of      A.D. 1867.
any of the Electoral Divisions or Districts mentioned in the Second -—
Schedule to this Act, unless the second and third reading^ of such
" Bill have been passed in the Legislative Assembly with the concurrence of the majority of the members representing all those Electoral
Divisions or Districts, and the assent shall not be given to such Bill
I Unless an address has been presented by the Legislative Assembly
to the Lieutenant-Governor stating that it has been so passed.
3.—Ontario and Quebec.
81. The Legislatures of Ontario and Quebec respectively shall be First session of
called together not later than six months after the Union. Legislatures.
82. The Lieutenant-Governor of Ontario and of Quebec shall, Summoning of
from time to time, in the Queen's name, bv instrument under the Legislat>ve Assem-
..  \ 'j bhes.
great seal of the Province, summon and call together the Legislative
Assembly of the Province.
83. Until the Legislature of Ontario or of Quebec otherwise pro- Restriction on eiec-
vides, a person accepting or holding in Ontario or in Quebec any tl~n ofbolders of
office, commission, or employment, permanent or temporary, at the
nomination of the Lieutenant-Governor, to which an annual salary,
or any fee; allowance, emolument, or profit of any kind or amount
whatever from the Province is attached, shall not be eligible as a
member of the Legislative Assembly of the respective Province,
nor shall he sit or vote as such; but nothing in this section shall
make ineligible any person being a member of the Executive
Council of the respective Province, or holding any of the following
offices, that is to say, the offices of Attorney-General, Secretary and
Registrar of the Province, Treasurer of the Province, Commissioner
of Crown Lands, and Commissioner of Agriculture and Public
Works, and in Quebec Solicitor-General, or shall disqualify him to
Bit or vote in the House for which he is elected, provided he is
elected while holding such office.
84. Until the Legislatures of Ontario and Quebec respectively con
otherwise provide, all laws which at the Union are in force in those
Provinces respectively, relative to the following matters, or any of
them, namely,—the qualifications or disqualifications of persons to
be elected or to sit or vote as members of the Assembly of Canada,
the qualifications or disqualifications of voters, the oaths to be taken
by voters, the Returning Officers, their powers and duties, the proceedings at elections, the periods during which such elections may
be continued, and the trial of controverted elections and the
proceedings incident thereto, the vacating of the seats of members
and the issuing and execution of new writs in case of seats vacated
otherwise than by dissolution—shall respectively apply to elections
145
tinuance of
existing election
laws. [No. 45.]
British North America.
[30 & 31 Vict.]
A. D. 1867.
Duration of Legislative Assemblies.
Yearly session of
Legislature.
Speaker, quorum,
Constitutions of
Legislatures of
Nova flcotia and
New Brunswick.
First elections.
of members to serve in the respective Legislative Assemblies of
Ontario and Quebec.
Provided that, until the Legislature of Ontario otherwise provides,
at any election for a member of the Legislative Assembly of Ontario
for the District of Algoma, in addition to persons qualified by the
law of the Province of Canada to vote, every male British subject,
aged twenty-one years or upwards, being a householder, shall have
a vote.
85. Every Legislative Assembly of Ontario and every Legislative
Assembly of Quebec shall continue for four years from the day of
the return of the writs for choosing the same (subject nevertheless
to either the Legislative Assembly of Ontario or the Legislative
Assembly of Quebec being sooner dissolved by the Lieutenant-
Governor of the Province), and no longer.
86. There shall be a session of the Legislature of Ontario and of
that of Quebec once at least in every year, so that twelve months
shall not intervene between the last sitting of the Legislature in
each Province in one session and its first sitting in the next session.
87. The following provisions of this Act respecting the House of
Commons of Canada shall extend and apply to the Legislative
Assemblies of Ontario and Quebec, that is to say,—the provisions
relating to the election of a Speaker originally and on vacancies,
the duties of the Speaker, the absence of the Speaker, the quorum,
and the mode of voting, as if those provisions were here re-enacted
anH made applicable in terms to each such Legislative Assembly.
4.—Nova Scotia and New Brunswick.
88. The Constitution of the Legislature of each of the Provinces
of Nova Scotia and New Brunswick shall, subject to the. provisions
of this Act, continue as it exists at the Union until altered under
the authority of this Act; and the House of Assembly of .New
Brunswick existing at the passing of this Act shall, unless sooner
dissolved, continue for the period for which it was elected.
5.—Ontario, Quebec, and Nova Scotia.
89. Each of the Lieutenant-Governors of Ontario, Quebec, and
Nova Scotia shall cause writs to be issued for the first election of
members of the Legislative Assembly thereof in such form and by
such person as he thinks fit, and at such time and addressed to such
Returning Officer as the Governor-General directs, and so that the
first election of member of Assembly for any Electoral District or
any subdivision thereof shall be held at the same time and at the
same places as the election for a member to serve in the House of
Commons of Canada for that Electoral District.
146 [30 & 31 Vict.]
British North America.
6.—The Eour Provinces.
[No. 45.J
ing money votes,
&c.
A. D. 1867.
90. The following provisions of this Act respecting the Parliament APPiicatio7to
of Canada, namely,—the provisions relating- to Appropriation and Legislatures of
Tl T>.-ii     ,-1 ,   .. „ . provisions resnect-
ax ±5ills, the recommendation of money votes, the assent to Bills, '
the disallowance of Acts, and the signification of pleasure on Bills
reserved,—shall extend and apply to the Legislatures of the several
Provinces as if those provisions were here re-enacted and made
applicable in terms to the respective Provinces and the Legislatures
thereof, with the substitution of the Lieutenant-Governor of the
Proviuce for the Governor-General, of the Governor-General for the
Queen and for a Secretary of State, of one year for two years, and of
the Province for Canada.
VI.—Distribution of Legislative Powers.
Powers of the Parliament.
91. It shall bo lawful for the Queen, by and with the advice and Legislative author-
consent of the Senate and House of Commons, to make laws for the lt;7 „ot Pa""hament
' of Canada.
peace, order and good government of Canada, in relation to all
matters uot coming within the classes of subjects by this Act
assigned exclusively to the Legislatures of the Provinces; and for
greater certainty, but not so as to restrict the generality of the
foregoing terms of this section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative-authority of the Parliament of Canada extends to all matters coming
within the classes of subjects next hereinafter enumerated, that is
to say:—
1. The public debt and property:
2. The regulation of trade and commerce:
3. The raising of money by any mode or system of taxation:
4. The borrowing of money on the public credit:
5. Postal service:
0. The census and statistics:
7. Militia, military and naval service, and defence:
8. The fixing of and providing for the salaries and allowances of
civil and other officers of the Government of Canada:
9. Beacons, buoys, lighthouses and Sable Island:
10. Navigation and shipping:
11. Quarantine and the establishment and maintenance of marine
hospitals:
12. Sea coast and inland fisheries:
13. Eerries   between a Province  and any   British   or foreign
country or between two Provinces:
14. Currency and coinage:
15. Banking, incorporation  of banks, and the  issue  of paper
money:
147 [No. 45.J
British North America.
[30 & 31 Vict.]
A. D. 1867.
16. Savings banks:
17. Weights and measures:
18. Bills of exchange and promissory notes:
19. Interest:
20. Legal tender:
21. Bankruptcy and insolvency:
22. Patents of invention and discovery:
23. Copyrights:
24. Indians, and lands reserved for the Indians:
25. Naturalization and aliens:
26. Marriage and divorce:
27. The criminal law, except the constitution of Courts of criminal
jurisdiction, but including the procedure in criminal matters:
28. The establishment, maintenance and management of penitentiaries :
. 29. Such classes of subjects as are expressly excepted in the
enumeration of the classes of subjects by this Act assigned
exclusively to the Legislatures of the Provinces:
And any matter coming within any of the classes of subjects
enumerated in this section shall not be deemed to come within the
class oi matters of a local or private nature comprised in the enumeration of the classes of subjects by this Act assigned exclusively
to the Legislatures of the Provinces.
Subjects of exclusive Provincial
legislation.
Exclusive Poioers of Provincial Legislatures.
92. In each Province the Legislature may exclusively make laws
in relation to matters coming within the classes of subjects next
hereinafter enumerated, that is to say:—
1. The amendment from time to time, notwithstanding anything
in this Act, of the constitution of the Province, except as
regards the office of Lieutenant-Governor.
2. Direct taxation within the Province in order to the raising of
a revenue for Provincial purposes:
3. The borrowing of money on the sole credit of the Province:
4. The establishment and tenure of Provincial offices, and the
appointment and payment of Provincial officers:
5. The management and sale of the public lands belonging to
the Province and of the timber and wood thereon:
6. The establishment, maintenance and management of public
and reformatory prisons in and for the Province:
7. The establishment, maintenance and management of hospitals,
asylums, charities, and eleemosynary institutions in and for
the Provinces, other than marine hospitals:
8. Municipal institutions in the Province:
9. Shop, saloon, tavern, auctioneer, and other licences in order to
148 [30 & 31 Vict.] British North America. [No. 45.]
the raising of a revenue for provincial,  local or municipal      ^ q lg67
purposes: 	
10. Local works and undertakings other than such as are of the
following classes:—
a. Lines of steam or other ships, railways, canals, telegraphs and other works and undertakings connecting
the Province with any other or others of the Provinces,
or extending beyond the limits of the Province:
6. Lines of steam ships between the Province and any
British or foreign country:
c. Such works as, although wholly situate within the
Province, are, before or after their execution, declared
by the Parliament of Canada to be for the general
advantage of Canada or for the advantage of two or
more of the Provinces.
11. The incorporation of companies with provincial objects:
12. The solemnization of marriage in the Province:
13. Property and civil rights in the Province:
14. The administration of justice in the Province, including the
constitution, maintenance and organization of Provincial
Courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts:
15. The imposition of punishment by fine, penalty or imprison
ment for enforcing any law of the Province made in relation
to any matter coming within any of the classes of subjects
enumerated in this section:
16. Generally all matters of a merely local or private nature in
the Province.
Education.
93. In and for each Province the Legislature may exclusively Legislation respect-
make laws in relation to education, subject and according to the in§ education,
following provisions:—
(1.) Nothing in any such law shall prejudicially affect any right or
privilege with respect to Denominational Schools which any
class of persons have by law in the Province at the Union :
(2.) All the powers, privileges, and duties at the Union by law
conferred and imposed in Upper Canada on the separate.
Schools and School Trustees of the Queen's Roman Catholic
Subjects shall be and the same are hereby extended to the
Dissentient Schools of the Queen's Protestant and Roman
Catholic Subjects in Quebec:
(3.) Where in any Province a system of separate or Dissentient
Schools exists by law at the Union or is thereafter established
by the Legislature of the Province, an appeal shall he to the
149 British North America.
[30 & 31 Vict.]
A. D. 1867.
Legislation for
uniformity of laws
in three Provinces.
Concurrent powers
of legislation respecting agriculture, &c.
Appointment of
Judges.
Selection of J