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Ordinances passed by the Legislative Council of British Columbia, during the session from 17th December… British Columbia. Laws, statutes, etc. 1869

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Array   LIST OF ORDINANCES.
No. 1. An Ordinance to establish Banks for Savings within the Colony of British
Columbia.
No. 2. An Ordinance for promoting the Public Health in the Colony of British
Columbia.
No. 3. An Ordinance to appropriate the sum of $419,335.50 out of the General
Revenue ofthe Colony, for the Contingent Service of the year 1869.
.No. 4. An Ordinance to enable "The Queen Charlotte Coal Mining Company, Limited," to change their Registered Office from the City of New Westminster to the City
of Victoria.
No. 5. An Ordinance respecting the appointment of Commissioners to take Affidavits
and Bail, and for the making of Statutory Declaratious.
No. 6. An Ordinance respecting the Reconveyance of Vancouver Island to the Crown.
No. 7. An Ordinance further to extend the time granted to the Harewood Colliery
Company, Limited, by "The Harewood Railway Company's Act, 1864," f6r making
and completing a Tramway from the Company's Mines to Departure Bay, Nanaimo.
No. 8. An Ordinance to regulate the Supreme Courts of Justice of British Columbia.
No. 9. An Ordinance to provide for the Fencing of Land in British Columbia.
No. 10. An Ordinance for the better protection of Cattle, and the better prevention of
Cattle Stealing.
No. 11. An Ordinance respecting Pre-emption Claims.
No. 12. An Ordinance respecting Stipendiary Magistrates. , .
No. 13. An Ordinance to amend the Law of Partnership. »
| No. 14. An Ordinance granting a Supplemental Supply of $134,465-98, out of the
General Revenue ofthe Colony of British Columbia and it3 Dependencies, for the Contingent Service ofthe years 1866-7, respectively.
No. 15. An Ordinance to establish a Volunteer Force.
No 16. An Ordinance to provide for the maintenance, improvement, and construction
of Roads in British Columbia.
No. 17. An Ordinance respecting the practise of Surgery, and for the encouragement
ofthe Study of Anatomy.
No. 18. An Ordinance to amend the Procedure in Civil Cases.
No. 19. An Ordinance entitled the "Game Ordinance, 1869."
No. 20. An Ordinance to enable the Municipal Council ofthe City of Victoria to
establish a permanent fund for the support of the Fire Establishments of the said City.
No. 21. An Ordinance to establish Public Schools throughout the Colony of British
Columbia.
No. 22. An Ordinance to facilitate the working of Mineral Lands.
No. 23. An Ordinance respecting the property of Religious Institutions in the Colony
of British Columbia.
No. 24. An Ordinance respecting Indian Reserves.
No. 25. An Ordinance to amend "The County Court Ordinance, 1867."
No. 26. An Ordinance to enlarge and amend the "Victoria Municipal Ordinance,
1867."
Y~
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•r  BRITISH COLUMBIA.
ANNO TRICESLMO SECUNDO
J
************************************
No. 1.
An Ordinance to establish Banks for
Savings within the Colony of British
Columbia.
[23rd February, 1869.]
iy HE RE AS it is expedient to establish Banks for the safe custody preamble.
IT      and increase of small  savings  belonging to the industrious
classes in the said Colony, under i be guarantee ofthe public credit
of the Colony;
Be it enacted by the Governor of British Columbia, with  the
advice and consent ofthe Legislative Council thereof, as follows:
I. It shall be lawiul for the Governor to appoint not more than Governor to appoint
five,   a; d   not   less  than   three,   persons  to be Commissioners of Commissioners of
Savings Banks in the said  Colony, for the purposes and to carry SaviDSs Banks-
out the provisions ofthis Ordinance; and the names of such persons
•shall be published in the Government Gaze/ie.
II. The said persons, when so appointed, and their successors to Commissioners to be
be appointed from time to time by the Governor aforesaid, shall be a body corporate,
and are hereby constituted a body eorporate, m the name of '"The
Commissioners ot Savings Banks in the Colony of British Columbia,"
and by that name shall have perpetual succession, and be able and
capable fo sue and be sued in all Courts of Law and Equity; and for
the uses thereof, to accept, purchase, and hold real estate, and sell,
lease, aud dispose ofthe same; and also to acquire and possess for
the same uses, all gifts, goods and chattels, and personal property
whatsoever; and shall have a Common Seal.    And it shall be law- with a Common Seal.
fill for the Governor to remove anv-Member of the said Corporation, „ ,   „ .
... i    n"    •       i j. i i   Power to the Gover-
and as often as any vacancy shall arise ny reason of such removal, nor l0 rem0ve Com-
or b}* resignation, or death of any Member, to appoint some fit and missioners and  fill
proper person as successor to the person so removed, resigning, or vacancies.
dying.
III. The names and description of everv person appointed to fill Names of persons
r • i       }    li   i „ i •':   .      l   •      it        />        ,. „„ 4 appointed to vacan-
any vacancy as aforesaid,  shall  be pub:i*;ied in  the   Government cr£ to be publishfd
Gazette, and immediately thereupon the person so appointed shall in   Government Ga-
have vested in him and be invested with all the estate, right, title, zette.
power, and authority, and perform all the duties of the person in
whose place he shall have been so appointed.
Iv. The Commissioners aforesaid,  shall  appoint one or more Appointment of Offi-
Clerks, Cashiers, and other Officers if necessary, for the purpose of cers °y Commission-
carrying out this Ordinance; and such Clerks, Cashiers, and other
Officers shall give such good a id sufficient security for the just and
faithful execution of such office as shall be approved by the said
Commissioners.
V. The
ers. 2
32° VICTORIA, No. 1.
Savings Banks Ordinance.
Commissioners may
make Rules and
Regulations.
Principal Bank to be
in Victoria, with'
power to  Commissioners to establish
branches.
Commissioners not
personally liable, except for wilful neglect.
Accounts to be made
up and published in
Government Gazette
in each year, and
audited by Auditor
General.
Minors may make
Deposits.
Commissioners may
pay money to a married woman, or to
her husband.
Charitable or Friendly Societies may
deposit in Savings
Banks.
'No deposit received
of less than 25 cents
or more than $1,000.
No interest allowed
on deposits over
$1,000.
No Depositor to have
an account in more
than one Savings
Bank.
"V. The said Commissioners may from time to time make Rules
and Regulations for the conduct of the business of and geuerally
with reference to the management ot the said Savings Banks, and
such Rules and Regulations shall, when approved by the Governor
and published in the Government Gazette, have the force and effect
of Law as if they formed part of this Ordinance.
VI. The principal Bank 'snail be established in "Victoria; but the
Commissioners shall have power to establish branches throughout
the Colony, with the approval of the Governor, and on notice
thereof in the Government Gazette.
VII. No Commissioner shall be personally liable, except for bis
own acts and deeds, or for anything done by him by virtue of his
office in the execution of this Ordinance, except in cases when he
shall be guilty of wilful neglect or default.
VLTI. An account shall be made up and published in the Government Gazette on or before the thirty-first day of January in each year,
ofthe assets and liabilities of every Savings Bank, made up to the
thirty-first day of December preceding, signed by the Commissioners, and audited by the Auditor General of the Colony, with a
Certificate attached thereto, signed by the Officer acting as Treasurer
ofthe Colony, showing the Balance in the hands ofthe Government;
and all interest which shall become due and payable to each Depositor on any sum of money deposited in a Savings Bank, shall be
calculated and computed by the proper Officer once in each year, up
to the thirty-first day of December, and shall be carried to the
credit of the account of such Depositor, and an entry thereof shall
be made in the "Depositor's Book," as soon as may be convenient
after the date of the Annual Balance, and the same shall become
principal, and shall thenceforth carry interest in all respects as other
principal money deposited in such Savings Bank, as from the thirty-
first day of December. Provided, always, that no interest shall be
computed on the fractional part of One Dollar; and, provided also,
that no fractional part of any month shall be taken into account.
IX. In case the Commissioners shall have received any deposit
of money from or for the benefit of any person under the age of
twenty-one years, it shall be lawful for them to pay such person his
or their share and interest with fuuds of the Bank.
X. It shall be lawful for the Commissioners to pay any sum of
money to a married woman, in respect of any deposit made by her
without notice of her marriage, unless the husband of such woman
shall give to said Commissioners notice in writing of such marriage,
and shall require payment to be made to him, in which event, it
shall be lawful for such Commissioners, in their discretion, to pay
all or sueh portion of such money so deposited by such woman, less
by the repayment, if any, heretofore made thereupon, together with
any interest due in respect of the same, to such husband, or to such
woman, as to them the said Commissioners, shall seem proper.
XI. It shall be lawful for all charitable or friendly Societies,
legally established, or hereafter to be established, by their Treasurer
or other proper Officer in that behalf appointed, to pay into any
Savings Bank all or any portion of the funds of such Society, and
as an ordinary Depositor to receive the usual rate of interest allowed
by such Savings Bank to the Depositors therein, aud such Treasurer
or other proper Officer to receive back all or any portion of the
funds due on such account to such Society, as the Society may
direct.
XII. It shall not be lawful for the Commissioners to receive from
any Depositor any deposit less than one quarter of One Dollar, nor
more than One Thousand Dollars. Provided, that so long as the
balance to the credit of any such Depositor shall, including principal
and interest, exceed One Thousand Dollars, no interest shall be
allowed, paid or payable on such excess; and it shall not be lawful
for any person, either in his own name or in the name of any other
person on his behalf, or on his account, to deposit or hold at the
the same time moneys in more than one of the said Savings Banks.
XHI. In B£° VICTORIA, No. 1.
Savings Banks Ordinance.
XTTT. In case any Depositor in any Savings Bank  shall die, Depositors dying
leaving any sum of money in the said Savings Bank belonging to him leaving $i,ooo, in
or her at the time of his or her death, not exceeding in the whole, o^fettLT of admin-
including interest, the1 sum of One Thousand Dollars, and probate istration."
ofthe Will ofthe deceased Depositor (if any "Will have been made)
or letters of adminfatr&tion of his or her estate and effects be not
produced to the  Commissioners, or if notice in writing of the
existence of a Will and intention to prove the same, or to take out
letters of administration be not given to the said Commissioners
within the period of two months from the death of the. said Depositor, and in the latter case, unless such Will be proved, or letters
of administration taken out within the period of three months from
the death of the said Depositor, it shall be lawful for the said Commissioners to pay and divide the same to or amongst any person or
persons who shall appear to such Commissioners to be the widow
or entitled to the effects of snch deceased Depositor according to
Law, or according to any General Order which the Commissioners
may make in that behalf, and the payment of any such sum of
money shall be valid and effectual with respect to any demand of
any other person, or persons as next of kin, legatee, or personal
representative of such deceased Depositor, against the funds of such
Savings Bank or the Commissioners thereof;  but,  nevertheless,
such next of kin, legatee, or representative shall have remedy for
recovery of such money so paid as aforesaid, against the person or
persons who shall have received the same.
Depositors dying
intestate or illegitimate.
Payment to persons
having  probate or
administration
effectual.
Remedy to representatives.
Persons of unsound
mind may make deposits by Trustees.
XIV. If any Depositor, being illegitimate, shall die intestate,
leaving any person or persons who, but for the illegitimacy of such
Depositor, would be entitled to the money due to such deceased
Depositor, it shall be lawful for the Commissioners to" pay the
money due to such deceased Depositor to any one or more of the
persons who shall have claimed, such money, and who, in their
opinion would have been entitled to the same according to Law, if
the said Depositor had been legitimate.
XV. Payment of any money by the Commissioners as aforesaid,
to any person or persons having letters of administration, or probate
of any Will, and appearing to be in force, shall be valid and
effectual with respect to any demand of any other person or persons
as the lawful representative or representatives of such Depositor
against the funds of such Savings Bank and the Commissioners aforesaid; but, nevertheless, such representative or representatives shall
have remedy for such money so paid as aforesaid, against the person
or persons who have received the same.
XVI. The said Commissioners may, and they are hereby authorised and empowered to receive deposits from any person who shall
declare himself willing to act as a Trustee for the account of any
other person disabled by idiotcy, lunacy, or unsoundness of mind,
and to allow interest and make payments as in the case of ordinary
Depositors, and the receipt of such person so acting as Trustee shall
be a sufficient discharge to the said Commissioners.
XVII. Every Depositor shall, before depositing any sum in the
said Savings Bank, sign a Declaration that he has no money in any
other Savings Bank established under this Ordinance, and if any
Depositor shall make a false Declaration the Commissioners may
declare "his deposit to be forfeited, and the same shall thereupon be
forfeited to the use of Her Maj esty, Her Heirs and S uccessors: and every
Depositor shall, by depositing any money in the said Savings Bank,
be held to have assented to and shall be bound by all the provisions
of this Ordinance, and the Rules and. Regulations made in pursuance
thereof; and on making the first deposit, every Depositor shall
receive a Book for entry of his deposit, which shall be called "The
Depositor's Book," and every sum deposited or withdrawn shall Depositor's Book,
be entered by the Cashier or Clerk therein, and initialed by at least
two Officers of said Bank, and no money shall be repaid without
the production of the said Book, which shall be deemed to be the
Depositor's Voucher.  \  '%
p XVLTL The
Depositor to sign
declaration.
Depositor depositing
bound by this Ordinance and the Rules
and Regulations
made in pursuance
thereof. 32° VECTORISE, No. 1.
Savings Banks Ordinance.
Commissioners to        XVIII. The said Commissioners shall keep an account with oue
keep an account in ofthe Chartered or Colouial Banks ofthe Colony, and lodge at the
a Chartered or Colo- en(j 0f every week, or oftener if necessary, all and every sums and
sum of money deposited during that week with said Savings Bank
Surplus money may XIX. Whenever the said Commissioners shall have to the credit
be lodged on loan in 0f the Savings Bank with the said Chartered Bank afterpayment
the Colonial Treasu-     «?   n .1 tv -a.      r *i -j  o     • t>     f
of all the expenses or Drafts of or on the said Savings Bank, a sum
exceeding the sum of One Thousand Dollars, such sum may be
lodged on loan in the Colonial Treasury, and the Officer acting as
Treasurer is hereby authorised to receive the same and give a receipt
therefor to the said Commissioners, and carry the same to a separate
account, to be called "The Commissioners of Savings Banks
Account."
Sums to be drawn XX. Whenever any sum is required to be drawn out ofthe said
from Chartered or Chartered or Colonial Banks for any of the purposes of the said
> >ioniai Banks by Savings Banks, such sum shall be drawn by a Cheque signed by
Cheque.
the Cashier and countersigned by at least two of the said Commissioners.
Commissioners to        XXI. The said Commissioners shall, in or by the first week in
iubiisha statement Junaary in every year, make out an Account or Balance Sheet
the position of the    ,        •   ^   ,, , *,    „     •   , 1 n      <> '.■> • 1
Qo,;„„oR.,r,v00vDvW shewing the total receipts and payments, and expenses ot the said
year, in the Govern- Savings Banks for the year ending the thirty-first day of December
merit Gazette. preceding, and shewing a correct and true statement ofthe then
position of the said Savings Banks, and the same shall be published
in the Government Gazette, and if there shall be any surplus to the
credit ofthe said Savings Bank the same shall be paid into the
Public Treasury under the separate account of the said Commis-
s    lus to be paid sioners, and for the public uses of the Colony; but the Officer acting
to Public Treasury,   as  Treasurer is hereby empowered  and required on receipt of a
requisition, signed by the said Commissioners, to pay to their credit
in the Chartered Bank aforesaid any sum of money standing in
their names to the credit of the said separate account.
Rate of interest on     XXII. The rate of interest allowed to the said Commissioners
Loans to Colonial    on an,r moneys so lodged by them iu the Colonial Treasury afore-
Treasury,   and to • i     u   11       *i. 1 ct- .. 1   *.i     '     *        e
said, snail not exceed oix per centum per annum; and the rate ot
interest to be allowed to Depositors shall be announced from time
to timeinthe Government Gazette by the Commissioners so appointed
as aforesaid, provided that such rate of interest when payable, shall
not be less than Four per centum per annum.
Commissioners may XXIH. The said Commissioners shall be at liberty to return to
return Deposits, on any one Or all of the Depositors, at any time, the whole amount of
giving one month's his, her, or their deposits, upon giving him, her, or them oue month's
notice of their intention so to do, and the interest due to such
Depositor or Depositors to be calculated according to the Rules of
the Savings Bank, up to the expiration ofthe notice, beyond which
time no interest will be allowed; and the said Commissioners shall
also be at liberty to refuse any deposit which m 1 y be offered. ■
Deposit paid on pro-     XXIV. No deposit shall be paid, except on the production ofthe
duction of Deposi- Depositor's Book, and in case ofthe non-attend nice of the Depositor
tor s cook. v\  1        • ill- 1 1     1    11 -li
an Order signed by him and witnessed snail be required; but the
production ofthe Depositor's Book, or satisfactory evidence ot the
loss or destruction of such Book, shall be sufficient authority to
the Officers of the Savings Bank lor the payment ofthe money; and
One week's notice of if any Depositor.be desirous of withdrawing his deposit, he must
withdrawal of De- ^VG one wee}c's notice of his intention so to do; aud all payments
so made .shall be valid and effectual, and shall protect the said
Officers from any liability thereunder.
Treasurer of the Col-     XXV. And, whereas, it may so happen, .that the funds deposited
ony may make pay- :     ,1 -j o v>      1 .     n .• u. :i   ui~ xu. *i „
incuts out of the in *"e 8ai<* oavmgs Banks may not at all times be available to the
General Revenue, purposes of meetiug demands thereon. Now, for the purpose
of fully effecting the intent of this Ordinance, be it enacted,
tnat the Officer acting as the Treasurer ot the Colony shall pay out
ofthe Genei; 1 lie venue, on the order ofthe Governor, any sum or
sums of money, whether for interest or principal, due to any person
or persons who shall make deposit under this Ordinance, as may
1 rum time to time be required.
XXVLIn 82° VICTORIES, No. 1.
Savings Banks Ordinan
ce.
XXVI. In the construction of this Ordinance the word "Governor"
shall be held to mean the Governor of this Colony for the time being, fctwPwt»tion Clause.
or other the Officer administering the Government of this Colony
for the time being; and whenever in this Ordinance in describing
or referring to any person or party, matter or thing, any word
importing the masculine gender or singular number is used, the
same shall be understood to include and shall be applicable to
several persons and parties as well as one person or party, and
females as well as males, aud bodies corporate as well as individuals,
and several matters and things as well as oue matter or thiner.
unless it otherwise be provided, or there be something in the subject
or context repugnant to such construction.
XXVn. This Ordinance may be cited for all purposes as "The short Title
Savings Banks Ordinance, 1869."
Passed the Legislative Council the 18th day of January, A. D. 1869.
Charles - Good, William A. G. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 2Srdday of February, 1869.
FREDERICK SEYMOUR,
Governor.
VICTORIA, B. C.:
PRINTED AT THE  GOVERNMENT  PRINTING  OFFICE.
1  BRITISH COLUMBIA.
ASSO TEICESIMO SECOUDO
T
*****************   *   ******************
No. 2.
An Ordinance for promoting the Public
Tealth   in    the    Colony   of   British
w
[23rd February, 1869.]
HERE AS it is necessary to adopt measures with the object preamble
of preventing or guarding against the origin, rise, or progress,
of endemic, epidemic, or contagious diseases, and to protect the
health of the Inhabitants of this Colony, and for this purpose to
grant to the Governor in Council extraordinary powers to be used
when urgent occasion demands;
Be it enacted hy the Governor of British Columbia, with the
advice and consent ofthe Legislative Council thereof, as follows:
I. It shall be lawful for the Governor in Council, by any order Governor to define
duly made and passed, from time to time, and at any time, to Health Districts, and
mark out, define, and vary certain portions ofthe Colony to be make Sanitary Regu-
Health Districts, and to make and alter such Rules, Regulations, '
and By-Laws, as such Governor in Council may deem expedient,
in respect to the following matters, that is to say:—
(a.) The establishment, management, and maintenance of Local
Boards of Health, their functions and powers.
(b.) The duties and jurisdiction of the Local Boards of Health,
in all matters whatsoever in anywise relating to drains, sewers,
privies, pigsties, slaughter-houses, unwholesome food, diseased
cattle, noxious or offensive trades or business, epidemic, endemic, or
contagious diseases or disorders, and for the summary abatement
of any nuisance, or injury to public health likely to arise therefrom,
and all matters relating to quarantine, as well of Her Majesty's
Ships of War as other and all Vessels and Boats entering any Port,
River, or Harbour in this Colony.
(c.) The regulation of the inspection of dwelling-houses,
curtilages, hospitals, gaols, and other places, and generally to
regulate all such other matters and things whatsoever in relation
to or in connection with Sanitary matters, which the said Governor
in Council shall, from time to time deem expedient to ordain.
(rf.) Any fines or penalties for the enforcement of the provisions
of such By-Law, not exceeding in amount the fines and penalties
hereinafter provided in case of the evasion of any of the provisions
of this Ordinance. Provided always that the Governor may make
such Orders, Rules, Regulations, and By-Laws, to apply to certain
portions of the Colony only.
n. Every 32° VICTOKLE, No. 2.
Health Ordinance.
having the force of
Law.
Local Boards;
their duties.
No Officer to he concerned in contract.
Health Officer.
Penalties;
LT. Every such Order, Rule, Regulation, and By-Law so made,
when published in the 'it-rovernmenf^Gfazette, shall, so far as the same
shall not have been in like manner-repealed or varied, be deemed
to be and have thejforce of law, and be so recognized in all Courts
of the Colony, and every such Order, Rule, Regulation, and By-
Law so made, shall be laid before the Legislative Council immediately if it be in Session, or it' m>t. as soon as possible after its
next meeting, tog-ether with an accou 111 of a 11 sums expended, and
all sums required for the due execution of this Ordinance, in order
to be dealt with as such Legislative Council may deem expedient.
LTI. For the/pnrposes of this Ordinance, the Corporation of the
City of Victoria and the~Municipal Council of New Westminster,
and the Council of any Municipality or Municipal District now or
hereafter to be.created, respectively, shall be the Local Boards of
Health within their respective limits and jurisdictions: and it shall
be lawful for the Governor, by writing under his hand, to appoint
such and so many persons as he may think fit to form a Local Board
•'ibr any other town, district or place, and from time to time to remove any such person or persons from such Board, and appoint
any other person or persons in his or their stead; or if he think
fit or desirable, the Governor may order the persons who compose
such Local Board to be elected, in such manner as he may think
feasible, by the Inhabitants of-^acy ofr/the Health Districts of' the
Colony.
TV. It shall be the duty of the various Local Boards of Health to
carry out the Rules, and Regulations, and By-Laws, from time to
time made and issued by and under the authority of the Governor
in Council, and may from time to time, by and with the -approval
ofthe Governor, appoint,or employ such Officers and Servants as
may be neoessary'ibr this purpose, and subject to such approval,
may make Regulations arid By-Laws specifying the duties and
powers of the Officers and Servants so appointed or employed, and
may remove such Officers and Servants as such Board may see n%
and may recommend that the officers and servants so appointed shall
be paid such sums as they may deem fit out of such part of the
General,-Revenue as may ne reserved for such,purpose, and it shall
be lawful for the Governor to order payment to be made to them,
respectively, of sums not: exceeding those recommended. Provided,
-always, that the Corporationof the City of Victoria and the M uni-
c !pal Council of New Westminster, and the Council of any Municipal
District shall provide for any expenses incurred, or Officers or
Servants employed by them in carrying out the provisions of this
Ordinance within their respective limits, out ofthe General, City,
Town, or Distiict Taxes, as they may deem fit.
V. No officer or servant of any Local Board shall be concerned
or interested, directly or indirectly, in any bargain or contract
entered into by such Local Board.
VI. Whenever there is good and sufficient reason to apprehend
the invasion of Any contagions or epidemic disease, likely seriously
to endanger life, the Governor may appoint and pay a fit and proper
Officer, to be called the Health Officer, whose duty it shall be to
provide that the Local Boards carry out the Orders in Council, and
generally to perform such duties as the Governor in Council may
direct, either in respect of quarantine or other sanitary matters,
but such appointment shall be of a temporary nature only, and
shall cease upon the termination ofthe cause that gave it origin, or
sooner if by such Governor considered advisable, or expedient, or
necessary.
VII. Whoever shall wilfully obstruct any Health Officer or any
Member of the Local Board of Health, or any Officer or person
duly employed in the execution of this Ordinance, or of any By-
Law, or of any. provision of any such By-Law, or destroy, pull
down, injure, or deface any board, placard, or notice made or
published under this Ordinance, or in any way commit any wilful
breach or contravention of any provision, or part of any provision,
of 32° "VTCTORJLE, No. 2.
Health Ordinance.
of this Ordinance, or of any Rule, Regulation, or By-Law to be
made in pursuance thereof, shall be punishable summarily before
any Justice of the Peace, upon information under oath and upon
conviction, by any fine not exceeding for a first offence One hundred
dollars, and for a second offence any sum not exceeding Two hundred dollars.
VHL Every penalty imposed by this Ordinance, and by any By- how enforced.
Law, Rule, Order, or Regulation made in pursuance thereof, may,
with the costs of conviction, be levied by distress and sale of the
goods and chattels of any offender, and in default of payment
of such penalty and costs, then by imprisonment of such offender
for any terra not exceeding three calendar months in one of Her
Majesty's gaols; and no warrant of commitment upon a conviction
under this Ordinance shall be held to be invalid by reason of any
defect or informality, if it be therein alleged that the offender has
been convicted, and there be a good and valid conviction to sustain
the same.
IX. In the construction of this Ordinance the word "Governor" interpretation,
shall be held to mean the Governor of this Colony for the time
being, or other the Officer administering the Government of this
Colony for the time being; and whenever in this Ordinance in
describing or referring to any person or party, matter or thing, any
word importing the masculine gender or singular number is used,
the same shall be understood to include and shall be applicable to
several persons and parties as well as one person or party, and
females as well as males, and bodies corporate as well as individuals,
and several matters and things as well as one matter or thing,
unless it otherwisexbe provided or there be something^in the subject
or context repugnant to such construction.
X. This Ordinance may be cited for all purposes as the "Health short Title.
Ordinance, 1869."
Passed the Legislative Council the 1th day of February, A. D. 1869.
Charles Good, William A. G. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 23rd day of February, 1869.
FREDERICK SEYMOUR,
Governor.
victoria, b. c. :
PRINTED  AT  THE   GOVERNMENT   PRINTING   QIWIG]  >
BRITISH COLUMBIA.
ANNO TRICESIMO SECTJNDO
VICTORIA    HEGINJE.
******************************* *****
No. 3.
An Ordinance to appropriate the sum of
Four Hundred and Nineteen Thousand
Three Hundred and Thirty-five Dollars and Fifty Cents out ofthe General
Revenue of the Colony, for the Contingent Service ofthe year 1869.
[23rd February, 1869.]
MOST Gracious Sovereign,- we, your Majesty's most dutiful Preamble.
and loyal subjects, the Legislative Council of the Colony of
British Columbia, in order to make good the supply, which we
have" c'h&erfully granted to Your Majesty, have resolved to grant
to Your Majesty the sum hereinafter mentioned, and do therefore most humbly beseech Your Majesty that it may be enacted,
and be it enacted by the Governor of British Columbia, with
the advice and consent of the Legislative Council thereof, as
follows:
I. That there may be issued and applied out of the General Appropriation ofthe
Revenue ofthe Colony of British Columbia and its Dependencies, Revenue for 1869-
not otherwise by Law specially appropriated for or towards
making good the supply granted to Her Majesty, for the Contingent Service of the year One thousand eight hundred and sixty-
nine, the sum of Four Hundred and Nineteen Thousand Three
Hundred and Thirty-five Dollars and Fifty Cents, the said
amount being appropriated as follows, namely :—
For Salaries and Allowances.
The Governor   §2,552 00
Legislative Council     900 00
Colonial Secretary  9,424 00
Treasurer     4,552 00
Auditor General   5,077 00
Chief Commissioner of Lands and Works    4,348 00
Collector of Customs  12,920 00
Begistrar General  735 00
Harbour Master ~  1,940 00
Post Office  2,750 00
Judicial Establishments  5,960 00
Police and Gaols  17,306 50
Gold Commissioners and Stipendiary Magistrates ... 33,166 00
Fob
n1
i; 2 82° VICTORIA, No. 8.
Appropriation Ordinance.
For Services Exclusive of Establishments.
Pensions $     970 00
Bevenue Services   1,000 00
Administration of Justice  4,400 00
Charitable Allowances   10,500 00
Education     10,000 00
Police and Gaols U  12,000 00
Bent   ,1875 00
Transport    6,660 00
Conveyance of Mails  29,400 00
Works and Buildings  12,000 00
Boads, Streets, and Bridges  62,500 00
Miscellaneous Services   16,500 00
Interest   22,000 00
Drawbacks and Befunds of Duties     2.100 00
Temporary Loans  100,000 00
Government Vessels  16,800 00
Lighthouses  10,000 00
Treasurer to pay on TL The Treasurer of the said Colony, or other Person duly
Governor's -warrant, authorized in that behalf, shall issue and pay the said several
sums to such Persons for the purposes hereinbefore mentioned,
upon such days and in such proportions as the Governor for the
time being, by any Warrant or Order in writing, shall from time*
to time direct, and the payments so to be made shall be charged
upon and payable out of the Revenue of the said Colony and its
Dependencies.
Passed the Legislative Council the 2nd day of February, A. D. 1869,
Charles Good, William A. GL Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 23rdday of February, 1869.
FREDERICK SEYMOUR,
Governor.
>*
victoria, b. c. :
printed at the government printing office.
>•<-- '■ BRITISH COLUMBIA.
ANNO TRICESIMO SECUNDO
VICTORIA    REGIN^3.
No. 4.
enable  "The Q,ueen
il    Mining   Company,
Limited," to change their Registered
ity of New
of Victoria.
Mi
ster
the City
[2±th February, 1869.]
TT7HEREAS under and by virtue of the provisions ofthe "British Preamble.
VV Columbia Act, 1866," and the Union Proclamation, 1866, in
that behalf duly made and issued, by His Excellency Frederick
Seymour, Governor of British Columbia, on the 17th day of November, 1866, the Colony of Vancouver Island was, from the issuing of
such Proclamation, united with the Colony of British Columbia;
And whereas, "The Queen Charlotte Coal Mining Company,
Limited," was on or about the 19th day of February, 1868, duly
Registered by the Registrar of Joint Stock Companies, for that part
ofthe said United Colony of British Columbia, commonly known as
the Mainland of British Columbia (being the former Colony before
the said Union), as a Joint Stock Company, pursuant to the law
relatiug to Joint Stock Companies on the said Mainland of British
Columbia;
Aud whereas, the said Company was and is Incorporated under
a memorandum of Association, whereby it is provided among other
things, that the Registered Office of the said Company is in New
Westminster, British Columbia:
And whereas, at the date of the said Registration, New Westminster was the Capital and Seat of Government ofthe said United
Colony;
And whereas, by Proclamation duly made by His Excellency
Frederick. Seymour aforesaid, Governor of British Columbia, it
was proclaimed and declared that from and after the 25th day of
May, 1868, until otherwise appointed by Her Majesty Queen Victoria,
Her Heirs and Successors, the City of Victoria, in the Colony of
British Columbia, should be and be deemed for all purposes whatever, the Capital and Seat of Government ofthe said United Colony
of British Columbia; and whereas, no appointment hath since the
date ofthe said last mentioned Proclamation been made by Her said
Majesty, appointing any other City or Place to be the Capital or
Seat of Government of the said United Colony;
And whereas, it is expedient that the said Company should have
power and authority by law, to remove their said Registered Office
from the Capital ofthe former Coion}T of British Columbia, to the
Capital ofthe said United Colony, in manner hereinafter provided;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:
I, Upon 82° VICTORLE, No. 4.
Queen Charlotte Mining Company's Office Ordinance.
h
jinsr of
Power of Colonial     I. Upon the application of the Directors for the time Dei
Secretary by Certi- «The Queen Charlotte Coal Mining Company,Limited," made wi
toria
ficatetochangeReg-Q rafterthe/dateof thc commencement of this Ordinance
lstered     uiuce     or «{ .   , ,. -j-, ,.
Company from New sanctioned  by  a resolution  passed at an JiiXtraordiriary Genera.
Westminster to Vic- Meeting, but subject to the restriction' herehTafter mentioned, the
person for the time being lawfully acting as Colonial Secretary ot
British Columbia shall have aumiriry, By his^Certincare in writing,
to change the Registered Office ofthe said Company ff3m the City
of New Westminster to the City of Victoria, and the Registrar of
Joint Stock Companies with whom the memorandum of Registration
of such Company nas been Registered, shall, upon receipt of such
Certificate, and upon payment ofthe sum of Five Dollars, note in
writing upon the margin, or at the foot ofthe said memorandum^ the
City of Vietoria as being the name of the place to which sucB
Registered Office is to be transferred, and the day upon which such
tratfsfer is, pursuant to such Certificate, to take place, and'shall
attach the Certificate to the memorandum, and thereupon the place
of such Registered Office shall from the day mentioned in the said
Certificate be the City of Victoria.   Provided, however, that such
cftansce shall in nowise alter or affect anything heretofore done bv
the said Company, or any of thfeir rights or liabilities iu respect
tifiereof.
After proof of notice
of intended change.
Short Title.
H. The said person so, for the time being, acting" as Colonial
Secretary of British Columbia, shall not issue his Certificate in
pursuance of the foregoing section, until he is satisfied that an
advertisement ofthe intention ofthe Company to apply to him for
a Certificate, with a declaration that all parties objecting thereto
are forthwith to apply to the said person so acting as Colonial Secretary, has been published once at the least in each of Four successive*
weeks in the Government Gazette of British -Columbia^ nor until he
is satisfied that the objections, if any, that may beiirged againBtthe
issue of such Certificate are groundless.
III. This Ordinance may be cited for all purposes as
Charlotte Mining Company's Office Ordinance, 1869.'
(CV
he Queen
Passed the Legislative Council the 2nd day of February, A. L>. 1869.
Charles Good, William A. G. YouuW,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 2Ath day of February, 1369.
FREDERICK SEYMOUR,
Governor.
victoria, b. c.:
printed at the government printW4' oftick. BRITISH COLUMBIA.
ANNO- TRTCESIMO SECUND^
VICT
**********************
No. 5.
An Ordinance respecting the appointment
of Commissioners to take Affidavits
and Bail, and for the making of Statutory Declarations.
[24:th February, 1869.]
YTTEfEBEAS it is expedient to provide for the taking of Affidavits'and Bail, Preamble.
* '      and for making Statutory Declarations;
Be it enacted by the Governor of British Columbia, with the advice and
consent of the Legislative Council thereof, as follows:—
I. Any Judge of a Supreme Court of this Colony, may by one or more Empowers Judge to
Commission or Commissions, under the Seal of such Court, from time to time aPPoint Commission-
i.i.    /-i i -i ,-, .  i    »,       , ersto take Affidavits.
empower so many persons in the (Jolony as he may think fit and necessary,
to take and receive any Affidavit, or Affirmation in cases where by law an
Affirmation is allowed, which any person may desire to make in or concerning
any cause, matter, or thing, depending or in anywise concerning any of the
Proceedings in sueh Court.
II. Every such Affidavit and Affirmation may be read and made use of in Affidavits how used
such Court as other Affidavits or Affirmations taken therein, and shall be of the
same force as if taken in open Court; and  any  person wilfully forswearing Penalty for forswear-
himself in any Affidavit or making false Affirmation before any of the said in&-
Commissioners, shall be liable to the same pains and penalties as if such
Affidavit or Affirmation were made in open Court.
III. Any  such  Judge  as  aforesaid,  may from time to time, in manner j,m . ,
aforesaid, appoint the same or other persons to be Commissioners in the Colony, appoint Commission-
to take and receive all and every such recognizances of Bail as any person or ers t0     e       >
persons may at any time desire to acknowledge or make, in any Action or Suit
depending in the said Court, in such manner and form, and by such recognizances of Bail, as the Justices of the said Court may take, which recognizance
or recognizances of Bail, or Bail piece, so taken as aforesaid shall be filed in method of filing the
the office of the Begistrar or Deputy Begistrar of such Supreme Court, same.
together with an Affidavit of the due taking of the recognizance by some
credible person present at the taking thereof.
IV. The recognizance so taken and filed shall be of the like effect, and sub- Recognizance same
ject to exception as to the Bail in like manner, and within the same time, as if as if taken in open
taken in open Court.
V. And 2
«2d vTCTORLE, Wo. 5.
Oaths Ordinance.
Prescribe*   form
Declaration.
Short Titl».
uf V. And, whereas, by virtue of the Statute of the 5° and 6° years of the
Beign of King William the IV., cap. 62, certain persons therein mentioned are
authorized and empowered to take Declarations in lieu of Oaths and Affidavits,
be it therefore further enacted that, from and after the passing of this Ordinance, all persons now or hereafter by law authorized or empowered to take
Declarations, shall take and administer such Declarations in the following;
form:—
I, A. B., of , do solemnly and sincerely declare that • , and
I make this solemn declaration conscientiously believing the same to be true,
and by virtue of the "Oaths Ordinance, 1869."
VI. This Ordinance may be cited for all purposes as the "Oaths Ordinance,
1869."
Passed the Legislative Council the 4th day of February, A. D. 1869.
Charles Good, William A. G. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 24th day of February, 1869.
FREDERICK SEYMOUR,
• Governor.
victoria, b. c.:
printed at the government printing office. BRITISH COLUMBIA.
ANNO TRICESIMO SECUNDO
VICTOHIJE    REGIN2B.
************************************
No. 6.
An Ordinance respecting the Reconveyance of Vancouver Island to the
Crown.
[25th February, 1869.}
TX7HEBEAS the Original Deed of Beconveyance of Vancouver Island to the Preamble.
' '    Crown is deposited among the Becords of the Colonial Office in England,
and cannot be obtained in this Colony, and it is expedient to make duly certified
copies thereof evidence in all cases which may arise within the Colony j
Be it enacted by the Governor of British Columbia, with the advice and
consent of the Legislative Council thereof, as follows:—
I. Every copy ofthe Deed of Beconveyance, including the Map or Plan there- Certified  copies   of
unto annexed, bearing date the 3rd day of April, A. D. 1867, and made between Original  Deed and
,     r, i n i> a i       x o t-i     i     i ,• „   .      ,   Plan to have same
the Governor and (Jompany ot Adventurers ot Jbrngland, trading into Hudson s forceandeffectasthe
Bay, of the one part, and Her Most Gracious Majesty Queen Victoria, of the Original Deed,
other part, and purporting to convey aud surrender Vancouver Island and its appurtenances (except as therein is excepted) to Her Majesty, Her Heirs and Successors, which copy shall be certified under the hand and seal of the Registrar
General of Vancouver Island, or other the person for the time being acting in
that capacity, to be a correct copy of the said original Deed of Beconveyance
of the third day of April, A. D. 1867, together with the Map or Plan thereof
thereunto annexed, shall be and be deemed to be of, and to have, the same
force and effect in Judicature, and thereout, as the said Original Deed of the
third day of April, A. D. 1867, with the Map or Plan thereunto annexed,
of which it purports to be a copy; and no exception shall be taken to the
production of, or the validity of, such certified copy, on the ground of the
non-production of the said original Deed and Plan, or on any other ground
whatever.
II. This Ordinance may be cited for all purposes as "The Vancouver Island Shor* T!*l*.
Beconveyance, Ordinance, 1869."
Passed the Legislative Council the 17th day of February, A. D. 1869*.
Charles Good, William A. G. Young,
Clerk of the Council. Presiding Membtr.
Assented to, on behalf of Her Majesty, this 25th day of February, 1869.
FREDERICK SEYMOUR,
Governor.
victoria, b. c:
printed at the government printing office. "N BRITISH COLUMBIA.
ANNO TRICESIMO SECUNDO
VICTORIA    REGINiE.
******************************
No. 7.
An Ordinance further to extend the time
granted to the Harewood Colliery
Company, Limited, by "The Harewood
Railway Company's Act, 1864," for |
making and completing a Tramway
from the Company's Mines to Departure Bay, Nanaimo.
[1st March, 1869.]
WHEREAS it is expedient to extend the period granted to Preamble.
the said Company for completing the line of Tramway
required by Section 2 of the said Act for a further period of
Two Years;
Be it enacted by the Governor of British Columbia, with the
advice and consent ofthe Legislative Council thereof, as follows :
I. The Harewood Colliery Company, Limited, in the said Act Extendsprivi
called the Harewood Railway Company, shall and may make nh January>
and complete the permanent way of the said line, from the
point A. to B. in the "Harewood Railway Company Extension
Act, 1866," more particularly described, with at least a single
line of Rails of a guage not exceeding six feet two inches, with
all necessary sidings and other works convenient for the traffic of
the line, before the 7th day of January, A. t). 1871. Provided,
however, that nothing in this Ordinance contained, except as
aforesaid, shall be held to relieve the said Company from the
performance of any matters or things mentioned in the said
"Harewood Railway Company's Act, 1864."
TT  This Ordinance may be cited for all purposes as "The Short Title.
Harewood Colliery Company's Railway Extension Ordinance,
1869."
Passed the Legislative Council the 17th day of February, A. D. 1869.
Charles Good, William A. G. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 1st day of March, 1869.
FREDERICK SEYMOUR,
Governor-
victoria,* b. c.:
PRINTED   AT  THE   GOVERNMENT  PRINTING   OFFICE.  BRITISH COLUMBIA.
ANNO TRICESIMO SECUNDO
VICTORIA    REGINJS.
************************************
No. 8.
An Ordinance to regulate the Supreme
Courts of Justice of British Columbia.
[1st March, 1869.]
TTfHEREAS it is expedient, for the avoidance of all doubt, further to preamble.
Vy     declare, define, and regulate the Jurisdiction and Power of the
Supreme Courts of the Colony, and the Judges thereof, in manner hereinafter mentioned;
Be it enacted by the Governor of British Columbia, with the advice
and consent of the Legislative Council thereof, as follows:
I. The Proclamation made and passed under the Great Seal of the former Repeals B. C: Pro-
Colony of British Columbia, on the 24th day of December, A. D. 1858, is clamation, 24th Dec-
hereby repealed, but all Acts and Orders heretofore bona fide done and made ember, 1858.
thereunder, shall be and be deemed to have been legal so far as the same shall
not have been subsequently repealed or varied by any Act, Ordinance, or Order.
II. Nothing contained in this Ordinance or in the Proclamation ofthe former Confirms the acts of
Colony of British Columbia, made and passed under the Great Seal thereof, on Judges in British
the 8th day of June, 1859, shall be deemed or taken to have in  any way Columbia,
limited or affected the power or authority of the Governor of British Columbia,
heretofore by Commission under the Great Seal of the Colony, to appoint any
Judge other than the Judge, in such Proclamation named, of the Supreme
Court of Civil Justice of British Columbia, to act in any part of the Colony
as a Judge of such Court, with all the powers expressed in such Commission;
but every such Judge so heretofore appointed shall be deemed to have been lawfully appointed and Commissioned, and every power heretofore exercised, Act
done, and Order made under or by virtue of such Commission, shall be and
be deemed to have been valid and lawful, and shall be so recognized in all
Courts of the Colony.
III. All acts heretofore done and powers exercised by, or by order or under and acts of Judges in
color of, any Writ or Warrant of the present Judge of the Supreme Court of Vancouver Island.
Civil Justice of British Columbia, in any part of the present Colony of British
Columbia, shall be and be deemed to. have been lawful, and lawfully done and .
exercised, to all intents and purposes whatsoever, and shall be recognized as
such in all Courts of the Colony; and no objection thereto shall be taken or
allowed, or Suit, Action, or Proceeding sustained by reason that any such act
has been heretofore done, order so made, Warrant, Writ, or Summons so
issued or executed, out of the jurisdiction of the said Supreme Court of Civil
Justice of British Columbia.
IT. The Supreme Court established under the name of "The Supreme ijrhe Supreme Court
Court of Civil Justice of the Colony of Vancouver Island," shall from of Vancouver Island,
and after the coming into operation of this Ordinance, be called " The
Supreme Court of Vancouver Island;" and the present Chief Justice
thereof shall be called and known by the name and style of "The Chief
Justice of Yancouver Island." 32° VICTORLE, No. 8.
I
>
Supreme Courts Ordinance.
The Supreme Cour V. The Supreme Court established under the name of "The Supreme
~ >urt of Civil Justice of British Columbia," shall from and after the
coming into operation of this Ordinance, be called "The Supreme Court
'tli
of the Mainland of Com
British Columbia.
of the Mainland of British Columbia;" and the preserft Judg
shall be called and known by the name and style of " The Chi'
of the Mainland of British Columbia."
ge thereof
ef Justice
Confines jurisdiction   SVI. Except as   hereinafter   mentioned, the, Jurisdiction Civil and
ofthe Courts to Van- Criminal of the *isaTd^SflpT3ri|e TOOutts shall be7thQTBame,Tand all the
couver Island  and powers and authortmes netetfefore by Law!vesteft '&. and exercisable by
theMainlandrespec- the Judges thereof respectively, in all Civil and Criminal matters and
proceedings whatsoever shall be the same, and shall continue so vested.
in and exercisable by them respectively, as'if thetitles ofthe said Supreme
Courts and of the said Judges thereof had not been changed, and as
if the Imperial Stsfrmite of the'"29waiQ-30th Victorfa^ohapter 67 > entitled
"The British Columbia Act, 1866," had not passed, that is to say: the
jurisdiction of the Supreme Court of the Mainland of British Columbia shall
extend only over the former Colony of British Columbia and its Dependencies,
and. the^jufisuietion of the  Supreme Court of Vancouver Island shall extend
only over the former Colony of Vancouver Island and its Dependencies previous
to union.
Confirms existing
appointments.
Continues   proceedings of existing
Co.urts in the new
Courts.
Appeal.
Defines precedence.
Provides for merger
of  the Supreme
Courts into one Supreme Court,
VII. Nothing herein contained shall be deemed or taken to affect the
appointments ofthe present Judges ofthe said Courts, or of either of them,
or the tenure under which they or either of* them hold office, or (except
as hereinafter mentioned) the rights of Her Majesty, Her Heirs and
Successors, with respect to the appointment or otherwise of persons
holding or to hold the said offices, or the office of Chief Justice of the
Supreme Court of British Columbia hereinafter mentioned, at the salary
prescribed by the "Crown Salaries Ordinance, 186S," as if such
Chief Justice had been the Judge named therein, or to affect the
appointments or tenures of any of the present Officers ofthe said Courts,
or any of them, or, except as hereinafter mentioned, the rights of the
Governor, or Judges ofthe said Courts, or either of them, with respect
to the appointment or otherwise of persons holding, or to hold, such
offices.
VIII. Nothing herein contained .shall be deemed or taken to affect or
invalidate any acts or proceedings done, commenced, or taken in the
said Courts, or either of them, or any Decrees, Judgments, Orders, Rules,
or Regulations of the said Courts, or either of them, or anything done
in pursuance of such Decrees, Judgments, Orders, Rules, or Regulations;
and all Proceedings heretofore commenced and taken in the said Courts,.:
or either of them, may be continued-and prosecuted in the Court in which
they were so commenced or taOsen, notwithstanding the change of titles
of the said Courts. Provided, always, that in all Proceedings taken, and
in all Decrees, Judgments, Orders, and Regulations made after the passing
of this Ordinance, the new title of the Court in which such Proceedings
are taken, or such Decrees, Judgments, Orders, Rules, and Regulations
are made after the passing of this Ordinance, the new title of the C6jfitt in
which such Proceedings are taken, or such Decrees, Judgments, Orders,
Rules, and Regulations are made shall be inserted in such Proceedings,
Decrees, Judgments, Orders, Rules, and Regulations, in lieu of the former
title; and Seals bearing Her Majesty's Royal Arms, and of the new
titles of the said separate Courts, shall, as soon as conveniently may be,
be substituted for those at present in use by such separate Courts, arid1
the same shall be cognizable and of full authority in Judicature -and;
thereout respectively, to all intents and purposes.
IX. Either of the said Chief Justices may at the request ofthe other
Chief Justice, assist such other Chief Justice in hearing and determining
all cases, Civil and Criminal, which such last mentioned Chief Justice
might have heard and determined, and for that purpose the Chief Justice
for the time being rendering such assistance, shall have and exercise all
the powers, authorities, and jurisdiction, which the Chief Justice to
whom such assistance is rendered has and exercises, and he may sit
either separately-;or together with the last mentioned Chief Justice, as
shall seem best to the said two Chief Justices, for the due Administration
of Justice.
X. Provided always that upon the Mainland of British Columbia,
the Chief Justice ofthe Mainland of British Columbia, and upon Vancouver Island the Chief Justice of Vancouver Island, shall have rank
and precedence over the other Chief Justice.
' XI. Upon  a  vacancy  being   created by the death,  resignation, or
otherwise, of either ofthe present two Chief Justices, tho said Supreme
Courts 32° VICTORIA, No. 8.
Supreme Courts Ordinance.
Courts of the Mainland of British Columbia and of Vancouver Island,
shall be merged into one Supreme Court, to be called "The Supreme
Court of British Columbia," and the surviving or remaining Chief Justice
shall preside over the said Courts, and shall be called "The Chief Justice
of British Columbia," and a Puisne Judge of the said Court shall thereupon be appointed by Her Majesty, Her Heirs or Successors, by Warrant
under Her" or Their Sign .Manual and Signet, and receive the annual
Salary of £1,000; and all the jurisdiction, powers, and authorities ofthe
two present existing Supreme Courts, and of the Judges thereof, shall
be vested in, and shall be had, exercised, and enjoyed by the said .
Supreme Court of British Columbia, and the Judges thereof.
XII. The said Supreme Court of British Columbia when constituted with a new seal,
shall have a Seal, bearing thereon Her Majesty's Royal Arms and the
name of " The Supreme Court of British Columbia," which shall be used
by the said Supreme Court as occasion shall require.
XIII. The said Chief Justice of British Columbia is hereby authorised jjuies an(j Reeuiail
and empowered, from time to time, to make all such Orders, Rules, and tions, how made.
Regulations, as  he  shall think fit, for the proper Administration of
Justice in the said Supreme Court of British Columbia, and subject to
such Orders, Rules, and Regulations, the then existing Rules and
Regulations ofthe Supreme Court ofthe Mainland of British Columbia,
' shall have full force and effect in the said Supreme Court of British
Columbia.
XIV. This Ordinance may be cited for all purposes as "The Supreme Short Title.
Courts  Ordinance, 1869."
Passed the Legislative Council the 25th day of February, A. D. 1869.
Charles G-ood, William A. G-. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf'.of Her Majesty, this 1st day of March, 1869.
FREDERICK SEYMOUR,
Governor,
victoria, b. c. :
printed at the government printing ofpice.  BRITISH COLUMBIA.
ANNO TRIOiE§IMO SECTJ35DO
VICTORIA
EGIMJE.
**************************,**********
No. 9.
An Ordinance to provide for the Fencing
of Land in British Columbia.
[1st March, 1869.]
WHEREAS it is expedient to provide for the proper Fencing of Preamble.
Lands in the Colony of British Columbia;
Be it enacted by the Governor of Britj^h Columbia,iwith jthe
advice and consent ofthe Legislative Council thereof, as follows:
I. It shall be lawful for the Governor, from time to time, for the Governor  may di-
purposes of this Ordinance, to divide the said Colony into Districts, ljde 0°1.ony int0
to be ealfed; Fence Districts, and alter the sanaeofrc-m time to time Fence%&cts-
as occasion may appear to require.
LT. A lawful fence shall be at least four feet ni$e inches high Definition of a law-
throughout, above the general surface of the ground, and sup- ful Fence.
stantially constructed of either stone, brick, earth, wood, or iron, or
partly of any one or more of these materials; and if made of horizontal bars, boards, or rails, of wood or iron, shall consist of such
dimensions so as not to leave more than six inches between the
several bars or rails respectively, up to the height of three feet
from the surface of the ground, and for the remainder of the fence
not more than twejLve inches between the said bars or'^&ils. Provided
also that any natural boundary, whichjjljhall be sy^j^ent to prevent
the passage of cattle into inclosures, shall be treated as a lawful
fence.
:-JLT. In the event of Cattle straying into la&ds within a Fence No action for/trespass
District on the Mainland of British Columbia, and^oto la#dc wi-jftrin on Cattie straying
or without a Fence District in all other parts of the Colony, lnvt^1in£s1T^lected
-it i      at-t-1 -i   r»      i    j       i       i      r> i "J lawiui jj ence.
unprotected by a lawpil ience so defined to be lawiuj.j as
aforesaid, no trespass shall be deemed to have been committed, and
no action for trespass shall be, maintainable therefor, any law to the
coni^ary notwithstanding.
IV. If any Cattle shall break into any ground enclosed by a Cattle breaking into
lawful fence, the owner of such animal shall be liable to the owner land enclosed by a
or occupier of the enclosed premises for all damages sustained by „jJ!?}   if^fl   *he
i i ' n ,i ini i t i,r>j-i      owner    liable     tor
such trespass, and if the trespass shall be repeated by neglect of the damages.
owner of such animal he shall, for the second and every subsequent
offence, be subject to double the damage of such trespass to the
owner or occupier of the said premises.   The owner or occupier of
the premises may impound every -such animal, and shall advertize Cattle may be im-
the same, with • a sufficient description thereof, or give a written pounded;
notice to the   owner, if known;  and  if any animal  so   trespassing shall not be claimed, and the damages paid, together
with the keep of such animaL, And the cost of advertising such
notice, within f^en 4ays from $& pubjjeatjon of rgucjb notice, or of
the 2
32° VICTORIES, No. 9.
Fence Ordinance.
and sold by Public
Auction.
Magistrate may appoint Salesman.
the delivery of the same to the owner of such animal if known, the
owner or occupier of the premises shall be at liberty to sell the
same by public auction, and repay himself out of the proceeds of
such Bale, all damages done, and expenses incurred for the keep,
advertisement, and sale thereof; and the notice shall be riven to
the owner of every such animal, by advertisement or otherwise,
within five days from the date of impounding, and if not so given
no charge shall be made for the keep of such animal tor more than
five days.
V. That in case there be no Auctioneer within a convenient
distance in any particular Fence District, it shall be lawful for the
Stipendiary Magistrate, or other Justice of the Peace for the District, to appoint a Salesman for the purpose of selling Cattle impounded for trespass; but such Salesman shall not require an
Auctioneer's Licence.
Disputes may be tried     "^   ^ &nJ  dispute  shall   arise   under  this   Ordinance,   the
by Jury. same shall be adjudicated upon by the Justice of the Peace for
the District wherein the same occurred, with the (option of either
party to claim a Jury of five persons. The Justice of the Peace shall
Power to Justice of for the purposes of this Ordinance, have all the powers of a County
the Peace to enforce Court Judge in this Colony, in summoning, and compelling attend-
decision. ance of witnesses and jurors, and awarding damages and costs, which
damages and costs shall be recovered in the same manner as
amounts due under judgments ofthe County Court.
VLT. Except so far as otherwise provided by Section HI., this Ordinance shall not be applicable to any District unless upon an application being made in writing to the Governor of the Colony of British
Columbia, signed by at least two-thirds of the resident land owners
or occupiers in such District requiring the same to be applied to such
District, and the Governor's Proclamation of his assent thereto in
the Government Gazette accordingly.
VLTI. In the construction of this Ordinance the word "Governor"
shall be held to mean the Governor of this Colony for the time
being, or other the Officer administering the Government of this
Colony for the time being; and whenever in this Ordinance in describing or referring to any Person or Party, matter or thing, any
word importing the masculine gender or singular number is used,
the same shall be understood to include and shall be applicable
to several Persons and Parties as well as one Person or Party, and
females as well as males, and bodies corporate as well as individuals,
and several matters and things as well as one matter or thing, unless it otherwise be provided or there be something in the subject
or context repugnant to such construction. The word "Cattle"
shall extend to and include horses, mares, fillies, fbals, geldings,
colts, bulls, bullocks, cows, heifers, steers, calves, sheep, lambs,
goats, pigs, mules, jennets, and asses.
The
How Pence Districts
may be created.
Interpretation Clause.
Short Title.
IX. This Ordinance may be cited for all purposes as
Fence Ordinance, 1869."
ct
"N
Passed the Legislative Council the 2nd day of February, A. D. 1869.
Charles Good, William A. G. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 1st day of March, 1869.
FREDERICK SEYMOUR,
Governor.
VICTORIA, B. C: ■
riUXTED  AT  THE   GOVERNMENT   1'KINTING   OFFICE. BRITISH COLUMBIA.
ANNO TRICESLMO SECUNDO
VIC TO III JE
EGINJi).
* *
**************
* *
No. 10.
An Ordinance for the better protection
of Cattle, and the better prevention of
Cattle Stealing.
[9th March, 1869.]
W
HERE AS it is expedient to make provision for the better protection pt
of Cattle, and for the better prevention of Cattle Stealing;
Be it enacted by the Governor of British Columbia, by and with the
advice and consent of the Legislative Council thereof, as follows:
I. From and after the passing of this Ordinance, any Justice of the
Peace, upon complaint or information on oath that any Cattle suspected
to have been stolen is in the possession of any person, may issue a
summons to such person, requiring him to appear at a time and place
mentioned in such summons, before the Justice of the Peace issuing
such summons, or, in the- discretion of such Justice, may issue a warrant
in the first instance to apprehend and bring such person before sueh
Justice ofthe Peace, and also if such Justice shall think fit, may issue his
warrant to any Constable, commanding him to seize any such Cattle
suspected to have been stolen, and detain the same until such information or complaint shall have been disposed of, and if on the appearance
of such person so summoned or apprehended, or on proof of the serviec
of such summons personally, or by leaving the same at the usual or last
known place of abode of such person two days before he was required
to appear, it shall seem to such Justice, after hearing evidence on
oath or affirmation, that such Cattle was stolen, it shall be lawful for
such Justice to determine to whom such Cattle belong, and to adjudge
such person to be the owner thereof, and to issue a warrant under his
hand and seal to any Constable of the said Colony, commanding him
forthwith to seize such Cattle wheresoever the same may be found, and
to restore and give peaceable possession thereof to the person so adjudged
to be the owner as aforesaid. Provided always that nothing herein
contained shall be construed or taken to discharge any person from any
criminal prosecution for felony to be afterwards brought against such
person, or to prevent the Justice committing such person for trial, or to
deprive any person of any right he may have, or might have had before the
passing hereof.
II. If any witness shall prove on oath before any Justice ofthe P
that there is reasonable cause to suspect that the skin or carcass of s
Cattle stolen from any person is concealed in any dwelling-house, or
other place, it shall be lawful for such Justice to issue a warrant directing
'any Constable to search such dwelling-house or place, and if the skin or
carcass of any Cattle, or any part thereof, so suspected to have been
stolen, shall be found in the possession of any person in or at such
dwelling-house or other place specified in such warrant, with his
knowledge, it shall be lawful for any Justice before whom such person
shall be brought (unless such person shall satisfy the said Justice that
he came lawfully by the same), to commit such person to the nearest
gaol or lock-up in which he can be conveniently confined, in order that he
may be brought forward for trial at the next sitting of the said Justice
of 32° VICTORIA, No. 10.
Cattle Ordinance.
Penalty for fraudulently branding
cattle.
Imprisonment for
non-payment of
fines.
Proceedings in a
summary way.
Appropriation of
penalties.
ofthe Peace (unless he enter into such bail with one or more sufficient
securities as may be required for his appearance before such Court, which
bail any Justice is hereby authorized and required to take), and if such
person so apprehended-after proof upon oath of such finding of such skin,
or carcass, or any part thereof as aforesaid, shall not satisfy the Justice
sitting in open Court that he came'lawfully thereby, he shall forfeit and
pay any sum not exceeding Two Hundrea and Fifty Dollars, together
with the charges previous to and attending his conviction.
III. Any person wilfully and fraudulently branding, or marking,
or attempting to brand or mark, or being directly or indirectly
concerned in branding, or marking, with his own or another person's
brand, stamp, or mark, any Cattle not belonging to himself, without
the consent of the owner of such Cattle, shall, on ' conviction
thereof upon information under oath in a summary manner before
any Justice of the Peace of the said Colony, be punishable for every
such offence with a fine not exceeding Two Hundred and Fifty
Dollars, leviable as hereinafter mentioned, and for a second offence by a
similar fine leviable in like manner, with or without hard labor not exceeding Six Calendar Months in the discretion ofthe convicting Justice.
IV. Upon non-payment of any fine, forfeiture, or penalty, or noncompliance with any order or adjudication under this Ordinance, either
immediately or within such period after the conviction as such Justice
at the time of such conviction shall appoint, and where no mode of proceeding is hereby prescribed, such Justice shall commit the person
making default in payment, or not complying with such order or adjudication, to any gaol in the said Colony with or without hard labor, in the
case of non-payment of any sum', for any period not exceeding three
months, where such sum remaining unpaid shall not exceed Fifty Dollars;
four months where the said sum shall exceed Fifty Dollars, and not exceed One Hundred Dollars; and six months where the said sum shall
exceed One Hundred Dollars, unless the said sums shall be sooner paid;
and in the case of non-compliance with any order or adjudication as
aforesaid, for any period not exceeding sis months.
V. All proceedings under this Ordinance shall be had and taken in a
summary way, and no information, unless in cases hereby specially required, shall be necessary previous to the issuing of a summons;
and no Information, or Warrant, Conviction, Commitment, or
other proceeding before or by any Justice ofthe Peace for any offence
under this Ordinance, shall be quashed, or set aside, or judged void, or
insufficient for want of form, or be moved by certiorari or otherwise, into
either of the Supreme Courts in the said Colony, save in any case
where the value or amount of any Cattle of which any person may be
ordered to make restitution, or of any sum, fine, or penalty, or forfeiture which any person may be Ordered to pay, shall exceed Fifty
Dollars, in any Information, Summons, Warrant, Conviction, Commitment or other proceeding, for any offence contrary to this Ordinance, it
shall be sufficient if the offence be stated in the words thereof declaring
the offence, and in all proceedings under this Ordinance the informer or
any party prosecuting shall be deemed a competent witness.
VI. All fines, forfeitures, and penalties, imposed by this Ordinance,
shall be paid to Her Majesty, Her Heirs and Successors, for the public
uses of the said Colony, and in support of the Government thereof;
provided, always, that the convipting Justice may at his discretion
award any portion not exceeding one moiety of any fine, forfeiture, or
penalty for the use ofthe informer or party prosecuting.
.IS
Brands to be
tered.
regis-
No   damage for
breach of contract
unless bill of sale
contains description
of brands.
VII. No consideration or damages for breach of contract, or otherwise,
shall be recoverable under any contract for the sale of any Cattle unless
such sale shall have been made by bill of sale or memorandum in writing,
and in the margin or body thereof there shall have been inserted at the
period of making'thereof the particular brands or marks upon each ofthe
Cattle included in such sale; provided, always, that this Section shall not
apply to any portion of the Colony other than that -formerly known as
Vancouver Islanc
and its Dependencies
person keeping and
using brands for branding Cattle shall
Every
register the same with the Magistrate of the District, by leaving a
transcript of such brand upon a board with such Magistrate, who shall
keep a record of all such brands in a book kept for that purpose, to be
at all times open to inspection on paymert of a fee of twenty-five cents.
No 82° VICTORIA, No. 10.
Cattle Ordinance.
No two persons to
have similar brands.
Action against Justices.
Penalty for possession of brands other
than those registered.
No two persons shall have and use similar brands in the same District J
and in case any person shall have registered a brand, and some other
person shall use, within the same District, a similar brand, the Magistrate shall have power to compel the person so using a brand as aforesaid to alter the same, in some particular; and in case of such person
refusing or neglecting to obey the order of the said Magistrate, the said
Magistrate shall have power to impose a penalty not exceeding Fifty
Dollars for each offence.
A fee of twenty-five cents shall be taken for each registration of brands. Fees for registration
VIII. No action at law shall lie against any Justice of the Peace for
any matter or thing done, or commanded to be done by him, in pursuance
of the provisions of this Ordinance, unless there be proof of corruption
or malice, and unless such action be commenced within Three Calendar
Months after the cause of action or complaint shall have arisen, and if
any Justice shall be sued for any matter or thing done in pursuance of
this Ordinance, he may plead the general issue and give the special
matter in evidence.
IX. If any person is found in possession of other than his own registered
brand or brands used for the purpose of obliterating existing brands, it
shall be prima facie evidence that he is in possession of the same for
Cattle stealing purposes; and upon conviction thereof, summarily before
a Magistrate, he shall be liable for each offence to the same penalties,
recoverable in the same manner, as provided in Clause III. in case of
unlawful branding.
X. It shall be lawful for the Stipendiary Magistrate of any District Inspection of hides,
in the Colony, or where none such exists for any Justice of the Peace of
the Colony, at any time or from time to time, by any writing under his
hand, to authorize any Constable or other person or persons to inspect the
hides of all Cattle killed or brought to any Butcher's shop or slaughterhouse, or other place used for the time being for killing any Cattle; and
no Butcher or other person killing Cattle shall remove the skin or skins
of any Cattle he may kill from the house or place where the same shall
have been killed, or remove or disfigure any brands or marks on any such
skin, but shall keep the same skins so undefaced and undisfigured at all
times freely open to iuspection by any Constable, Officer, or person so
appointed as aforesaid to inspect, for the space of at least eight days from
the day on which any such Cattle shall have been killed. Any person or
persons impeding or interfering with any Constable, Officer, or other person so inspecting shall be liable, upon conviction thereof summarily before
a Justice of the Peace, to the same penalties, recoverable and enforceable
on default, in exactly the same manner as is hereinbefore appointed in
respect of the penalty imposed for the unlawful branding of Cattle. Provided, always, that this-Section shall not apply to any portion of the
Colony other than that formerly known as Vancouver Island and its
Dependencies.
XL In the construction of this Ordinance, the word "Cattle" shall
extend to and include Horses, Mares, Fillies, Foals, Geldings, Colts,
Bulls, Bullocks, Cows, Heifers, Steers, Calves, Sheep, Mules and Asses.
XII. Provided that this Ordinance shall not take effect until Her
Majesty's approval thereof shall have been published in this Colony.
XIII. This Ordinance may be cited for all purposes as the | Cattle
Ordinance, 1869."
Passed the Legislative Council the 1st day of March, A. D. 1869.
Charles Good, ' William A. Q-. Young,
Clerk of the Council. Presiding Member.
Penalties.
Inerpretation of
terms.
Suspending Clause.
Short Title.
Assented to, on behalf of Her Majesty, this 9th day of March, 1869.
FREDERICK SEYMOUR,
Governor
VICTORIA, b. c.:
PRINTED AT THB GOVERNMENT  PRINTING OIIIOB.  \m-
BRITISH COLUMBIA.
ANNO TRICESIMO SECUNDO
VICTORIA   REGIN^L
j*******************************.,,.,.**.,.
No. 11.
An  Ordinance  respecting   Pre-emption
is.
[10th March, 1869.]
"HEREAS it is expedient to declare the law as to the payment of the Preamble.
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 ofthe Colony;
Be it enacted by the Governor of British Columbia, with the advice and
consent of the Legislative Council thereof, as follows:—
I. The purchase money for Pre-emption Claims, and the balance of purchase Defines time for
monev upon Pre-emption Purchase Claims, held under any of the Laws here- pay111611* of purchase
^ • • •. a   -*-* TTIOT1PV
tofore, or for the time being, regulating the acquisition and tenure of Pre- sf;
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, and calling upon such person or persons for the payment of the amount
for the time being due and payable as aforesaid in respect of such Land.
II. This Ordinance may be cited for all purposes as the "The Pre-emption Short Title.
Payment Ordinance, 1869."
Passed the Legislative Council the 1st day of March, A. JD. 1869.
Charles G-ood, "William A. G-. Young,
Clerk of the Council.
Presiding Member.
Assented to, on behalf of Her Majesty, this 10th day of March, 1869.
FREDERICK SEYMOUR,
Governor.
victoria, b. c.:
PRINTED AT THE  GOVERNMENT PRINTING OPPICE.  BRITISH COLUMBIA.
ANNO TRICESIMO SECUNDO
VICTOPJH    KEG
************************************
f    '     No. 12.      I ^^^^H
An   Ordinance   respecting   Stipendiary
Magistrates.
[10th March, 1869.]
"INHERE AS it is expedient to declare the powers and authorities of Stipendiary Preamble.
Magistrates in the Colony;
Be it enacted by the Governor of British Columbia, with the advice and consent
of the Legislative Council thereof, as follows:—
I. Every Stipendiary Magistrate appointed, or to be appointed, in or for the Powers of Stipen-
Colony of British Columbia, or any part, Town, or District thereof, shall have, diary MaSistrates'
and be deemed to have had, full power, authority, and jurisdiction to do alone,
within the limits of his Commission or other authority appointing him in that
behalf, all and whatsoever is, or may be, authorized to be done by any one or
more Justice or Justices of the Peace in and for the said Colony, or any part,
Town, or District thereof, under or by virtue of any Law, Statute, or Ordinance
which shall for the time being be in force in the said Colony; and every such
Magistrate shall, while acting as such within the limits of the District or other
territorial division of the Colony, for the time being or from time to time assigned
to him by his Commission, or other authority in- that behalf from the Governor,
or the Officer for the time being administering the Government, have and take
rank and precedence before all other Justices of the Peace whatsoever, except
Justices of Assize, or Judges of any Supreme Court in the Colony.
II. This Ordinance may be   cited   for all  purposes as  " The   Stipendiary Short Title.
Ordinance, 1869."
iii 4
Passed the Legislative Council the 25th day of February, A. D. 1869.
Charles Q-ood, William A. G-. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 10th day of March, 1869.
FREDERICK SEYMOUR,
, Governor.
victoria, b. c.:
printed at the government printing office.  BRITISH COLUMBIA.
ANNO TRICESIMO SECUNDO
******************************** *'*p* *
No. 13.
An   Ordinance to  amend the   Law of
Partnership.
[10ih March, 1869.]
HERE AS it is expedient to amend the Law relating to Partnership; Preamble.
Be it enacted by the Governor of British Columbia, with the. advice and
consent ofthe Legislative Council thereof, as follows:—
I. The "Partnership Act, 1866," of the former Colony of Vancouver Island,
is hereby repealed, provided, however, that such repeal shall not invalidate any
acts or things done, or affect any rights acquired thereunder.
n. The advance of money by way of loan to a person engaged or about to
engage in any trade or undertaking upon a contract in writing with such person
that the lender shall receive a rate of interest varying with the profits, or shall
receive a share of the profits arising from carrying on such trade or undertaking,
shall not" of itself constitute the lender a Partner with the person or persons
carrying on such trade or undertaking, or render him responsible as such.
III. No contract for the remuneration of a servant or agent of any person
engaged in any trade or undertaking ty a share of the profits of such trade or
undertaking, shall of itself render such .servant or agent responsible as a Partner
ein.
nor give him the rights of Partner.
Partnership Act,
1865, repealed, saving existing rights.
Advance of money
on contract to receive a share of profits not to make lender a partner.
Remuneration of
agents, &c., by share
of profits not to
make them partners.
Certain annuitants
not to be deemed
partners.  •
ther
IV. No person being widow cr child of the deceased Partner of a trader, and
receiving by way of annuity a portion of the profits made by such trader in his
business, shall, by reason only of such receipt, be deemed to be a Partner of, or
to be subject to any liabilities incurred by, such trader.
V. No person receiving, by way of annuity or otherwise, a portion ofthe profits
of any business, in consideration of the sale by him of the good-will of such
business, shall, by reason only of such receipt, be deemed to be a Partner of,
or be subject to the liabilities of, the person carrying on such business.
VI. In the event of any such trader aforesaid being adjudged a Bankrupt, or In case of bankrupt-
taking the benefit of any Act for the relief of Insolvent Debtors, or entering into °y> &c:> lender not
an arrangement to pay his creditors less than One hundred cents in the dollar, or
dying in Insolvent circumstances, the lender of any such loan as aforesaid shall
not be entitled to recover any portion of his principal or of the profits or interest
payable in respect of such loan, nor shall any such vendor of a good-will as aforesaid be entitled to recover any such profits as aforesaid, until the claims of the
other creditors of the said trader for valuable consideration in money or money's
worth have been satisfied.
Receipts of profits
in consideration of
sale of good-will
not to make seller a
partner.
to rank with other
creditors.
VII. In the construction of this Ordinance the word "person'
"The Partnership Short Title.
Partnership firm, a Joint-stock Company, and a Corporation
Vin. This Ordinance may be cited for all purposes as
Ordinance, 1869."
Passed the Legislative Council the 25th day of February, A. P>. 1869.
Charles Good, William A. G-. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 10th day of March, 1869.
FREDERICK SEYMOUR,
Governor.
shall include a Interpretation of
"person."
VICTORIA, B. C.:
PRINTED  AT  THE  GOVERNMENT  PRINTING  OPEICE. ^N BRITISH COLUMBIA.
ANNO TRICESIMO SECUNDO
************************************
m
ip-
iluv
Four
Sixty-
Cents,
the
vice of
Ive Dollars and Ninety-Eight
uevenue
of British Columbia and its
lencies, for the Contingent Ser-
years 1866-7, res
[10th March, 1869.]
OST Gracious Sovereign: whereas certain further supplies Preamble.
S are required for the use of Your Majesty; and, whereas,
we the Legislative Council of British Columbia, do cheerfully
grant the same, we do therefore most humbly beseech Your
Majesty that it may be enacted, and be it enacted by the
Governor of British Columbia, by and with the advice and
consent of the Legislative Council thereof, as follows:—
That the sum of One Hundred and Thirty-Four Thousand Grants Suppi<
Four Hundred and Sixty-Five Dollars and Ninety-Eight Cents, ^ry Supply of $134,
be granted to the use of Her Majesty for the purposes mentioned
in the Schedule hereto, and that the' same be paid out of the
General Revenue of the Colony of British Columbia and its
Dependencies, for the service of the years 1866-7, and the
Governor of the said Colony is hereby authorized to empower
the Treasurer thereof, to give and apply the same accordingly.
Passed the Legislative Council the 3rd day of March, A. B. 1869.
Charles Good, William A. G. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 10th day of March, 1869.
FREDERICK SEYMOUR,
Governor.
SCHEDULE. VICTORLE, No. 14.
II
Supplemental Supply Ordinance.
SCHEDULE.
1866.
Establishments.
The Governor	
Colonial Secretary .-.-.
Legislative Council..,	
Treasurer 	
Chief Commissioner of Lands and Works'	
Customs	
Harbour Master. ...
Post Office	
Assessor ,...,
Registrar General	
Judicial	
Gold Commissioners and Stipendiary Magistrates....
Exclusive of Establishment
Pensions .	
Revenue Services	
Administration of Justice	
Charitable Allowances	
Education	
Police and Gaols	
Rent	
Transport	
Conveyance of Mails	
Works and Buildings	
Roads, Streets, and Bridges....	
Miscellaneous Services	
Interest	
Drawbacks.....	
Government Vessels	
Light Houses.	
186T.
Establishments.
$293 45
219 87
4 00
13 46
128 16
636 52
194 27
166 45
202 12
202 08
1,336 63
5,794 04
.$ 202
. 881
. 717
. 1,000
. 426
. 2,656
. 205
. 2,938
. 6,867
. 4,312
.12,055
. 1,646
• 4,480 12
70 19
. 1,061 67
.     277 21
The Governor	
Colonial Secretary	
Treasurer <	
Chief Commissioner of Lands and Works	
Customs	
Registrar General	
Harbour Master	
Post Office	
Assessor, Vancouver Island	
J ud i ciai	
Gold Commissioners and Stipendiary Magistrates	
Exclusive op Establishments.
726
131
102
86
1,310
6
4
1,354
1,212
3,678
7,386
Pensions ,
Revenue Services	
Administration of Justice.
Police and Gaols	
Rent	
Transport	
Conveyance of Mails	
Works and Buildings	
' Miscellaneous Services;....
Interest. ..,;..	
Drawbacks	
Sinking Funds	
Deposits	
. 5,696
. 763
. 150
. 8,243-
. $2%
. 1,448
. 7,655
. 2,038
.12,580
. 9,925
. 2,055
.17,499
.  894
08
58
00
00
36
48
00
00
94
49
77
75
82
81
44
62
43
96
00
62
49
82
60
59
65
00
00
20
91
70
06
59
94
87
77
40
VICTORIA, B. 0;.*
PRINTED AT THE GOVERNMENT PRINTING OFFICE. BRITISH COLUMBIA.
ANNO TRICESIMO SECUNDO
************************************
No. 15.
An Ordinance to establish a Volunteer
Force. ,
[9th March, 1869.]
WHEREAS it is expedient to encourage the establishment oi Preamble.
Volunteer Forces in the Colony of British Columbia;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:—
I. The Governor shall, by virtue of his office, be C.ommander-in- Governor to be Com-
Chief of the Volunteer Force of the Colony. mauder-in-Chief.
H. It shall be lawful for the Governor, on behalf of Her Majesty, Volunteer Corps
from time to time to accept the services of any persons desiring to n0Tr formed.
be formed under this Ordinance into a Volunteer Corps, and on
such acceptance, the proposed Corps shall be deemed lawfully
formed under this Ordinance, as a Corps of the Colony; and all
Volunteer Corps may be disbanded from time to time, and reorganized by authority of the Commander-in-Chief, as may in his
opinion best tend to further the purposes of this Ordinance and the
public good.
HI. All arms shall be supplied by the said Colony to the non- Arms.
commissioned officers and privates of the Volunteer Force, and for
these the Commanding Officer of the Corps shall be responsible;
and said arms shall be renewed and kept iu repair at the expense
of the Colony, when it becomes necessary on account of wear in
service. Sufficient ammunition also shall be supplied for practice
at the expense of the Colony, as the Commander-in-Chief may
direct.
TV. Every Volunteer Corps shall be officered by persons com- How Peered,
missioned by the Governor of the Colony, on behalf of Her Majesty,
and a Commission so granted shall not be deemed vacated by the
revocation or other determination of the Commission by which
such Governor was appointed; and Officers of the Volunteer Force
shall rank with Officers of Her Majesty's Regular and Militia
Forces, as the youngest of their respective ranks.
V. The establishment of each Corps formed under this Ordi- Regulations.
nance, and the general regulations for its management, shall be in
accordance with the regulations of the Volunteer Force of Great
Britain, as from time to time officially published, and obtainable in
Colony.
VI. No person shall be an Officer of the Force unless he is one officers, British Sub-
of Her Maiestv's subiects. jects.
VH. Every 32° VICTORIA, No. 15.
Volunteer Ordinance.
Oath of Allegiance.
Resignation.
Active Service.
Release by Proclamation.
How officered when
on active service.
May be discharged
for misconduct.
VH. Every Officer shall on receiving his Commission, and every
Volunteer shall on his enrollment on the Muster Roll of his Corps,
or in either case as soon afterwards as he is called upon to do so by
his superior Officer, take the Oath set forth in the Schedule to this
Ordinance, before either the Governor, any Judge, Magistrate, or
Commissioned Officer of the Corps, who has himself taken the
said Oath.
VELT. Except when on actual military service, any Volunteer
may quit his Corps on complying with the following conditions,
viz.:—
1. Giving to the Commanding Officer of his Company fourteen days' notice in
writing of his intention to do so.
2. Delivering up in good order, fair wear and tear excepted, all arms, clothing,
and appointments, being public property or property of the Corps issued to
him.
3. Paying all money due or betoming due by him under the Rules of the
Corps, either before or at the time, or by reason of his quitting it And
thereupon he shall cease to be a member of the Force, and shall be entitled
to be struck out of the Muster Roll thereof by the Commanding Officer, who
shall thereupon furnish him with a certificate of discharge.
IX. The Commander-in-Chief may call out the Volunteer Force,
or any part thereof, for military service whenever it is in his
opinion advisable to do so, by reason of actual or apprehended invasion of or insurrection in any part ofthe Colony; the occasion to be
notified by Proclamation under his hand and seal. Every Officer
and Volunteer so called out, shall be bound to assemble as the
Commander-in-Chief directs, and to march or proceed according to
orders within the Colony, and from the time of his Corps being so
called out, shall be deemed on actual military service. If any such
Officer or Volunteer not certified by proper authority to be incapacitated by infirmity for military service, or specially exempted by the
Commander-in-Chief, refuses or neglects so to assemble and march,
he shall be deemed a deserter.
X. After the Volunteer Force, or any part thereof, has been
called out for actual military service, it shall only be considered
released therefrom by a Proclamation of the Governor, declaring
the occasion of need having passed, and before any Volunteer Corps
is so released it shall be brought back to the place to which it
belongs.
XI. When Volunteers are on actual military service, the Governor
ofthe Colony may put them and their Officers under the command
of a General or Field Officer of Her Majesty's Army, senior in rank
to every Officer ofthe Volunteer Force so put under command; but
so, nevertheless, that the Volunteers put under such command, and
while under it, shall be led by thjeir own Officers; and all Volunteer
Officers and Volunteers when called on for actual military service,
shall be subject to the provisions of the Mutiny Act, the same as
the officers and soldiers of Her Majesty's Army.
XH. The Commanding Officer of a Volunteer Corps may discharge from the Corps, when not on actual military service, any
Volunteer, and strike him out of the Muster Roll, either for disobedience of orders by him, or for neglect of duty or misconduct by
him as a Member of the Corps, or for other cause sufficient in the
judgment of the said Commanding Officer; the Volunteer so discharged shall deliver up in good order, fair wear and tear excepted,
all arms, clothing, and accoutrements being public property, or
property of his Corps issued to him; and shall pay all money due
or becoming due by him under the Rules of his Corps, either before
or at the time, or by reason of his discharge; provided, that no such
discharge shall be made until the decision of a Court of Inquiry, to
consist of two commissioned Officers and one non-commissioned
Officer, shall have been given to that effect; but nothing herein
contained shall prevent the Governor, on behalf of Her Majesty,
from giving such directions with respect to any such case of discharge, -82° VICTORLE, No. 15.
Volunteer Ch'dinance.
charge, and if need be, reversing the same, as to the Governor may
appear just and proper.
X 11.1. If any Officer or Volunteer while under arms, or on march, Liable to bo placed
or doing duty with the Corps to which he belongs, or while wearing under arrest,
'clothing or accoutrements of his Corps, and going to or returning
from any place of exercise or assembly of his Corps, disobey any
lawful orders of any Officer under whose command he then is, or
is guilty of misconduct, the Officer then in command of the Corps
may order the offender, if an Officer into arrest, and if not an Officer
into the custody of any Volunteer belonging to the Corps; but so
that the offender be not kept in such arrest or custody longer than
during the time of the Corps then remaining under arms or on duty.
XIV. The Officers and Volunteers belonging to a Volunteer Corps May make Rules for
may, from time to time, make Rules for the management of trie manasement of
property, finances, and civil affairs of the Corps, and may alter and Corp3-
repeal such Rules; and any such Rules transmitted to the Governor
by the Commanding Officer ofthe Corps, and approved of by him,
on behalf of Her Majesty, shall be binning on all members of. the
Corps, and a copy of such Rules, either in print or writing, or both,
certified to be a true one by the Commanding Officer, shall be conclusive evidence ofthe Rules ofthe Corps.
XV. All money subscribed by or for the use of a Volunteer Corps, Powers of Co mmand-
and all effects thereto belonging, and the exclusive right to sue for mg.0ffi„clr oyer pr0"
j 4. x. 3 x.     • *.• j       & j.1 Pert7of Corps,
and recover current or past due subscriptions, and any other money
due to the Corps, and all lands or buildings acquired by the Corps
shall rest in the Commanding Officer of the Corps, for the time
being, and his successors in office, with power for him or them to
sue and make contracts and conveyances, and do all other lawful
things relating thereto; and any civil or criminal proceeding taken
by virtue of the present Section, by the Commanding Officer of any
Corps, shall not be discontinued or abated by his death, resignation,
or removal from office, but may be carried on by and in the name
of his successor in office.
XVI. If any person belonging or having belonged to a Volunteer Recovery of sub-
Corps neglects or refuses to pay any money subscribed or under- scriptions and fines.
taken by him to be paid towards any of the funds or expenses of
said Corps, or to pay any fine incurred by him, under the rules of
the Corps, such money or fine shall be recoverable from him with .
costs in a summary way, on the prosecution of the Commanding
Officer before a Stipendiary Magistrate, or one or more Justices of
Peace, having jurisdiction where the offence was committed or
where the offender may be, and any penalty so recovered shall be
paid to the Commanding Officer, and applied by him as part of the
general fund of the Corps.
XVH. If any person designedly makes away with, sells, pledges, Penalty for making
wrongfully destroys, wilfully damages, or negligently loses any thing ftway Wlth supplies.
issued to him as a Volunteer, or wrongfully refuses, or neglects to
deliver up on demand of the Commanding Officer, anything issued
to hi™ as a Volunteer, the value thereof shall be recoverable from
him with costs, with a penalty of not exceeding Twenty Dollars,
in the manner prescribed in the foregoing clause.
XVLTI. If any person knowingly buys or takes in exchange from Penalty for buying
any Volunteer, or any person acting on his behalf, or knowingly supplies,
assists or acts for any Volunteer in selling, or has in his possession
or keeping without satisfactorily accounting for, any arms, clothing,
or appointments, being public property, or property of any
Volunteer Corps, or any public stores or ammunition issued for the
use of any such Corps, he shall bejjiable to a penalty not exceeding
One Hundred Hollars with imprisonment for any term not exceeding
Three Months, on conviction of such offence by any Stipendiary
Magistrate.
XLX. If any person wilfully commits any damage to any butt or penalty for dama-
target belonging to or lawfully used by any Volunteer Corps, or ging butts.
without 32° VICTORLE, No. 15.
Volunteer Ordinance.
Recovery
ties.
Pensions
without the leave of the Commanding Officer searches for bullets
in or otherwise disturbs the soil forming such butt or target, he
shall for every such offence be liable, on prosecution by the Commanding Officer, to a penalty not exceeding Twenty Dollars.
of penal- XX. Any penalty or fine imposed or made recoverable under
this Ordinance, may be recovered in a summary way, before any
Stipendiary Magistrate having jurisdiction within the Colony.
XXI. Every Officer of a Volunteer Corps, and every Volunteer,
disabled on actual military service, shall be entitled to a Pension of
Three Hundred Dollars per annum for his life; and the widow of
such Officer or Volunteer killed in actual military service, shall be
entitled to a Pension of Three Hundred Dollars per annum during
widowhood; every such Pension to be a charge upon the Public
Revenue of the Colony.
Public allowances of
money.
Ordinance applicable to  any existing
Corps.
Interpretation of
terms.
Short Title.
XXH. There shall be paid out of the General Revenue of the
Colony, to the Commanding Officer of every Volunteer Corps of
not less than Thirty enrolled Members, for the expenses of the said
Corps, a sum of money to be reckoned as follows;—
(a.) For every member of the Corps who has been certified as an effective
member (according to the Regulations of the Volunteer Forces in Great
Britain from time to time officially published) an annual sum of Five Dollars.
(6.) For every Member of the Corps who has, in his annual class shooting,
attained the rank of " Marksman," an annual amount of Ten Dollars;
(c.) And on the first establishment of any "Volunteer Corps of not less than
Thirty Members, the Governor may grant a sum not exceeding Five Hundred Dollars, for the preliminary expenses of such establishment.
XXHL The provisions of this Ordinance shall be applicable to
any Corps now in actual existence and service, and whose services
have been regularly accepted prior to the passage of this Ordinance,
by the Governor ofthe Colony, subject to Her Majesty's approval;
and the Rules of such Corps submitted in accordance with this
Ordinance for approval ofthe Governor, are declared binding; and
all commissions of Officers of such Corps provisionally granted or
recognized by said Governor, and now existing unrevoked, are by
this Ordinance affirmed.
XXIV. The term "Volunteer" shall mean a non-commissioned
Officer or Private belonging to a Volunteer Corps; and the term
"Corps" shall for the purposes of this Ordinance mean any Battery,
Troop of Cavalry, Artillery, or Rifle Company, or any two or more
Batteries, Troops, or Companies united for Military purposes; the
word "Governor" shall mean the Governor of the Colony of British
Columbia, or other the person for the time being lawfully acting
as such Governor.
XXV. This Ordinance may be cited for all purposes as the
"Volunteer Ordinance, 1869.",
Passed the Legislative Council the 2nd day of March, A. D. 1869.
Charles Good, "William A. G. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 9th day of March, 1869.
FREDERICK SEYMOUR,
Governor.
>
SCHEDULE.
I, A. B., do solemnly and sincerely promise and swear, that I
will be faithful and bear true allegiance to Her Majesty Queen
Victoria, Her Heirs and Successors, and that I will faithfully serve
Her Majesty, Her Heirs, and Successors, in the Colony of British
Columbia, for the defence of the same against all Her or Their
enemies and opposers whatsoever, according to the conditions of
my service.
VICTORIA, b. c.:
PRINTED AT  THE  GOVERNMENT  PRINTING  OFFICE. BRITISH COLUMBIA.
ANNO TRICESIMO SECUNDO
VICTORIA    KEGIM1.
#' No- 16- Bl;^^^'
An Ordinance to provide for the mainte-    |
nance, improvement, and construction
of Roads in British Columbia.
[9th March, 1869.]
WHEREAS it is  expedient- to make better provision for the Preamble,
maintenance, improvement, and construction of Roads in the
Colony of British Columbia;
Be it enacted by the Governor of British Columbia, with the
advice and consent ofthe Legislative Council thereof, as follows:
I. From and after the passing of this Ordinance, the "Road Act, Repeals former Acts.
1860," and the "District Road Amendment Act, 1866," of that
part ofthe Colony formerly known as the Colony of Vancouver
Island and its Dependencies, shall be and are hereby repealed;
save and except as to any Taxes accrued, due thereunder, or to any
pains, penalties, or forfeitures incurred, or liable to be incurred,
under the said Acts.
H. For the purposes  of this Ordinance, the following Road Road Districts.
Districts shall be created and established, namely:—
1. Esquimalt Town Eoad District;
2. Esquimalt and Metchosin Eoad District;
3. Victoria Eoad District;
4. Lake and Saanich Eoad District;
5. Nanaimo Eoad District;
6. Cowichan Eoad District;
7. Salt Spring Island Eoad District;
8. Comox Eoad District;
and all such Eoad Districts as shall hereafter be created under the provisions
of this Ordinance.
TTT. The boundaries, of the Esquimalt Town Road District shall Boundaries   of Es-
include that portion of Land bounded by Esquimalt Harbour to the gjjjjj Town Road
north, Royal Bay to the south, Section XL on the Official Map of
the District to the south-east, Sections X.- and XXVI. on the said
Map to the north-east.
IV. The boundaries of the Esquimalt and Metchosin Road Dis- Esquimalt and Met-
trict shall be those laid down on the Official Map as the boundaries cll0Sin-
of Esquimalt District,   Metchosin District, and Sooke District
respectively.
V. The boundaries ofthe Victoria Road District shall be those Victoria,
laid down on the Official Map as the boundaries of the District of
Victoria, excluding such "portion of that District as is included
within the limits ofthe Municipality ofthe City of Victoria.
VI. The
- 32° VECTORLE. No. 16.
Poad Ordinance.
Lake and Saanich. VT. The boundaries of the Lake and Saanich Road Districts shall
be those laid down on the Official Map as the boundaries of the
Lake District, and North and South Saanich Districts, and Highland District.
Nanaime.
Cowichan.
VJLL The boundaries of the Nanaimo Road District shall be those
laid down on the Official Map as the boundaries of Nanaimo District, and shall include the Districts of Mountain, Cranberry, Cedar,
and Douglas, according to the boundaries so laid down as the
boundaries of such Districts respectively.
V I IT. The boundaries of the Cowichan Road District shall be
those laid down on the Official Map as the boundaries ofthe Cowichan District, and shall include the Districts of Shawnigan, Qua-
michan, Somenos, Chemauus, and Comiaken, according to the
boundaries so laid down as the boundaries of such Districts respectively.
IX. The boundaries of the Salt Spring Island Road District shall
include the whole of the said Island.
X. The boundaries of the Comox Road District shall be the
boundaries of the Comox District as laid down on the Official Map
of the said District.
XI. The City of Victoria shall also be a Road District, and the
annual tax payable within that District, under this Ordinance, shall
be assessed, levied, and collected by the Municipal Council of the
said City, in the manner by this Ordinance provided, and shall be
expended by such Council in the maintenance, construction, and
improvements of the streets, side-walks, thoroughfares, bridges, and
approaches thereto, and for the purposes of drainage, within the
said City Road District, and for no other purposes whatsoever.
Governor upon Pe- XTT. The Governor may, upon Petition from two-thirds at least
tition, may ^create 0f the residents of any portion of British Columbia, create, by Proclamation published in the Government Gazette, such portion into a
Road District, with such boundaries as upon such Petition shall seem
to him meet; provided, always, that prior to so creating a new Road
District upon Petition as aforesaid, the Governor shall cause notice
of the receipt and purport of such Petition to be published for one
month in the Government Gazette.
Salt Spring Island.
Comox.
City of Victoria to be
a Road District.
Road Districts,
And may vary and
alter Boundaries.
Who to be assessed
and amount.
Xm. The Governor may, upon Petition from the residents and
Land Owners or any portion thereof in any Road District, 'either
now createdor hereafter created under the provisions of this Ordinance, from time to time, by Proclamation published in the Government Gazette, vary and alter the boundaries of any such District, or
subdivide such District into two or more Road Districts, in such
manner as upon such Petition shall seem to him meet; provided,
always, that notice ofthe receipt and purport of any such Petition
shall be published for one month in the Government ^Gazette, prior
to final action being taken therein by the Governor.
XIV. Every male person above eighteen years of age resident at
the period of assessment as hereinafter described, in any Road
District created or which may be created under the provisions of
this Ordinance, and every person not resident but possessed of any
interest, in any Real Estate in any of the said Road Districts, shall
pay an Annual .Tax of the sum of Two Dollars, and if any person,
whether resident or non-resident, shall be possessed of any greater
interest in any Real Estate in any of the said Road Districts than of
the extent of Ten Acres, Tthen every such person shall pay for every
additional Acre, or portion of an Acre, above Ten Acres, a further
Annual Tax of Four Cents for each Acre or portion of an Acre.
Compoundingbypre-     XV. It shall be lawful for any person liable to assessment for
paymentof five years x>__j t      ^ •    r\   t r .• ,      ..
tai, *       Jttoad purposes under this ^Ordinance, from time to time or at any
time, to compound for the Road Tax which such person shall be
required to pay for not exceeding five years from the date of such
composition, 32° VICTORUS, No. 16.
S
Poad Ordinance.
composition, by prepayment ofthe amount of Road Tax which may
be accruing due during the period of such composition, or any
portion thereof, and the Collector shall be and is hereby empowered
to receive, and account and give proper acknowledgments, for the
same, in account with such persons for their Road Tax; but such
composition shall not extend to the Road Tax for which any person
so compounding may become liable in respect of land acquired
subsequently to the date of such composition. •
XVI. The Governor shall from time to time appoint one or more Appointment of
persons to act, during pleasure, as Collector or Collectors in each Collectors.
Road District created under the provisions of this Ordinance, and
may require from such person or persons such security as he may think
fit; provided, always, that in the City of Victoria Road District, the
Municipal Council ofthe City of Victoria, by any Officer appointed
by them in that behalf, shall be the Collectors.
XVH. It shall be the duty ofthe Collector on or before the first Their duties,
day of May, 1869, and afterwards between the first day of
January, and. the first day of February in each year, to make
out a list of all persons who may be liable to pay Road Tax
for the year, within the District or portion of the District for which
he acts, including in such list the names of Land Owners, as well
as the names of persons not Land Owners, but resident within the
District or portion of the District as aforesaid, at the time of the
Collector making his assessment, together with the amount of Tax
for which each person is liable under the provisions of this Ordinance; and the Collector shall give notice by writing, exhibited
and posted up in two or more conspicuous places within his District,
and by advertisement in the Government Gazette, of some place
within his District or the/portion ofthe District for which he acts,
where such list is deposited and can be inspected, and such notice
by way of advertisement shall be good and sufficient notice to all
persons interested therein, and such list shall be open to inspection
by all persons from time to time and at all reasonable hours, free of
charge.
XVIH. If any person so assessed as aforesaid, shall feel aggrieved Appeal,
by reason of being assessed, or by reason of the amount at which
he is assessed, he may, either by himself or by his agent, within one
month after the first publication of the notice as aforesaid, appeal
against such assessment to any Stipendiary Magistrate, or two
Justices of the Peace, who may either confirm, amend, or disallow
such assessment, according as the circumstances of the case shall
require, and his or their decision shall thereupon be final.
XIX. On and after the first day of June in the current year, and Times for Collection,
afterwards on and after the first day of April in each year, the
Collector shall collect the Road Tax from each person liable to pay
the same within his District, or portion of the District for which he
acts, and the Collector shall as soon afterwards as may be, pay over
the amount to the Treasurer of the Colony, or to such other person as
the Governor may direct, or in the case of the Victoria City Road
District, to the Municipal Council of such City.
XX. The Governor,-and in the case of the Victoria City Road Salary by Corpor-
District, the Municipal Council thereof, may allow the Collector vtTo^rftl^^w
-7 *•     . t       e* "\ • li      j" curia vjity l/istrlC'C.
such percentage upon the amount ot his collection as may seem
reasonable and just, not however in any case exceeding Ten per
cent, upon the gross amount collected in any one year, and the
Governor, or Municipal Council respectively, may further allow
such additional sum, by way of expenses, as may be necessary and
reasonable for the purpose of carrying out the provisions of this
Ordinance.
XXI. The net amount of Road Tax collected in each District, Taxes expended
shall be  expended from time to time, in such manner as the where   collected.
Governor, or in the Victoria City Road District, as the Municipal
Council thereof may direct, within the District in which it has been
collected, VICTORIA, No. 16.
.Taxes h ow recovered.
Poad Ordinance.
collected, in the maintenance, improvement, and construction of
highways within such District; provided, always, that in the case
. of the Victoria City Road District, the Road Tax shall be expended
as hereinbefore provided.
XX ll. Any Tax due under the provisions of this Ordinance,
which shall not be paid within thirty days of the period when it
becomes due, may be recovered with costs, at the suit or instance
of the Collector, in a summary manner, before any Stipendiary
Magistrate, or two Justices of the Peace, such amount to be levied
by distress upon the goods and chattels, wherever they may be
found, ofthe person liable to pay the said Tax, and for the purposes
of this Ordinance all trees and timber, whether severed or unsevered,
shall be deemed to be goods and chattels.
Arrears to  bear       XXTTL In case of insufficiency of any such distress, the Magis-
Interest, trate or Justices aforesaid, may make an order to cause the amount
so adjudged due or then remaining due, together with the costs of
proceeding, to be paid withm seven days, and thereupon and thence-
and be Registered, forth the same shall carry interest at the rate of eighteen per cent,
per annum, until paid and satisfied. All orders so made as aforesaid, shall be transmitted to and filed of record with the Land Registry Office.
Short Title.
XXXV. This Ordinance may be cited for all purposes as the
"Road Ordinance, 1869."
Passed the Legislative Council the 2nd day of March, A. D. 1869.
Charles Good, William A. G. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 9th day of March, 1869.
FREDERICK: SEYMOUR,
Governor.
VICTORIA, B. C.:
PRINTED AT THE  GOVERNMENT PRINTING  OFFICE. BRITISH COLUMBIA.
ANNO TRICESLMO SECUNDO
VICTORIA    REGINJG,
*********** *************************
No. 17.
B
An Ordinance respecting the practise of
H Surgery, and fbr the encouragement of    §
the Study of Anatomy.
[llth March, 1869.]
WHEREAS it is desirable to encourage the Study of Surgery and preamble.
Anatomy in this Colony;
Be it enacted by the Governor of British Columbia, with the advice
and consent of the Legislative Council thereof, as follows:
I. That the body of any person found dead, publicly exposed, or who what bodies may be-
immediately before death had been supported in and by any Public come subjects for
Hospital receiving pecuniary aid from the Government of this Colony, dissection.
shall, unless the person so dying otherwise directs, be delivered to
jersons qualified as hereinafter mentioned, for the purposes of dissection.
~ ut if such body be claimed within the usual period for interment by
bona fide friends or relatives, the body shall be delivered to them; or if
the person otherwise directed as aforesaid before death, the body shall
be decently interred, as heretofore.
II. The persons qualified to receive such unclaimed bodies, shall be Deciares who are en-
such Medical Practitioners as are duly qualified to practise, and are at titled to receive the
the time ofthe passing of this Ordinance, or hereafter, shall be actually same.
practising under the provisions of "The Medical Ordinance, 1867," who
may require such bodies for dissection, either for their own improvement
or the instruction of any Student or Students under them, or to the
teachers of Surgery and Anatomy in any public or private School, College,
Society, or Faculty of Medicine or Surgery that may hereafter be estab-  '
fished in this Colony.
ILL That the Person in charge of any and every such Public Hospital Description of un-
as aforesaid, and the Coroner of each District shall forward to the claimed bodies given
Medical Registrar of the Colony the name, age, sex, birthplace (if it can UP for dissection to
be ascertained), and date of death of all unclaimed bodies given up by ]£ fse£art0 Medicai
them respectively for dissection under this Ordinance, within one week
from the time of giving up such bodies as aforesaid.
IV. It shall be the duty ofthe said Medical Registrar to enter in a Medical men entitled
Book to be kept for that purpose by him, the name and residence of all to receive bodies, to
Medical Practitioners qualified to receive and desirous of receiving bodies be registered by the
for dissection; and also to enter from the Returns forwarded to him by Medical Registrar,
the Person or Persons in charge of the Public Hospitals and of the
Coroners, in a Register to be kept for that purpose, the name, age, sex,
birthplace, and date of death of all Persons mentioned in such Returns,
with the name and place of residence of the Practitioner to whom the
body was delivered as aforesaid.
V. That 82° VECTORLE, No. IT.
Anatomy Ordinance.
Provides   for reference to Register.
Bodies to be impartially distributed.
Receipt to be given
for   body,  and fee
paid.
V. That such Returns, Book, and Register, shall be open at all
reasonable hours for the inspection ofany-Medioal Practitioner who may
desire to inspect the same, on payment of a Fee Q$Fifty Cents for the
use ofthe Medical Registrar.
VI. That Person or Persons in charge of the Public Hospitals as
aforesaid, and the Coroners, shall make an impartial distribution ofthe
bodies, in rotation, according to the actual wants of the claimants.
VII. That on deHyery of every snoh uHol$ime$b$cry-as aforesaid, the
Person or Persons in charge of the Hospital or the Coroner, as the case
may be, shall take from the Medical Practitioner receiving the body a
receipt, in the Form A. in the Schedule to this Ordinance, and such
Practitioner shall pay the sum of Ten Dollars to the Person from whom
he receives the body, and take a receipt therefor, in- the Form B. in the
said Schedule; and such sum shall in every case be appfied towards the
support and maintenance of the Public Hospitals in the Colony. •
Coroner may give VUl. The Coroner who presides at the; Leanest on any body fouad
unclaimed body to publicly exposed, and unclaimed by bona fide friends or relatives, shall
be dissected. deliver up the body to any Medical Practitioner (on application by him),
duly qualified to receive the same under this Ordinance,
Medical practitioners IX. That every Medical Practitioner wishing to avail himself of the
availing themselves benefits of this Ordinance shall appear- before the Medical Registrar of
of this Ordinance to fae Colony, or his deputy, and give security, himself in the sum of One
cal^eeistrar °   e " Hundred Dollars, and two sureties in the sum of Fifty Dollars each, for
the decent interment ofthe bodies, after they have served the purposes
required.
Short Title.
X. Thia Ordinance may be- eitted for aH purposes as, the "Anatomy
Ordinance, 1869." .
Passed the Legislative Council the 16th day of February, A. B. 1869.
Charles Good, William A. G-. Young,
Clerk of the Council. Presiding Member.
Absented to9i oin behajf of Her M&j&dy, thi&IMh day of March, 1869.
FREDERICK SEYMOUR,
Governor.
SCHEDULE.
JlORM A.
Received from"'[Coroner or the Person, &c., &c.,] the body of [name, age,
sex, &c., &c.,] for the purpose of dissection and anatomical instruction.
Dated the day of , A. D. 18
Witpiejiis,
Form B.
Received of [Medical Practitioner's name] the :sum of Dollars, for the.
body of [name, age, sex, &c, &c.,] and I hereby certify that the sawt body has
not been claimed by bona fide friends or relatives.
Dated the
day. of'
A. D, 18
Witness
victoria, b. c,:
printed at the government printing office. 1
BRITISH COLUMBIA.
AOTO TRICESLMO SECUNDO
*o
SBGIN^.
********************************5l«4!5|t!|C
No. 18.
An Ordinance to amend the Procedure
in Civil Cases,
[9th March, 1869.]
HEREAS it is expedient to amend the Procedure of the Superior Courts Preamble,
of this Colony in Civil Cases;
Be it enacted by the Governor of British Columbia, with the advice and
consent ofthe Legislative Council thereof, as follows:
I. The "Vancouver Island Civil Procedure Act, 1861," is hereby repealed; v. I. Civil Procedure
provided, however, that such repeal shall not invalidate or affect any acts, matters, Act repealed, saving
or things done, or any proceedings taken, or any rights acquired thereunder. * > -
II. "The Common Law Procedure Act, 1852," "The Common Law Procedure
Act, 1854," "The Common Law Procedure Act, 1860," and the Eules of Practice
and Pleading made in pursuance of the said Acts, or either of them, shall as far
as the adoption of the same is practicable, and subject to the provisions hereinafter
contained, regulate the Practice and Procedure of each and every of the Superior
Courts of this Colony in all Actions and Proceedings at Law.
existing rights.
Common Law Procedure Acts, 1852,
1854, and 1860, and
Rules of Practice
thereunder to regulate procedure of
Supreme Courts.
HI. The Sections from 104 to 115, both inclusive, of "The Common Law Sections 104 to 115
Procedure Act, 1852," shall not apply. repealed.
IV. The several Statutory Enactments regulating the Practice, Pleadings, and Rules of Practice in
Procedure of the High Court of Chancery, in force on the 14th day of February, Chancery.
1860, and the several Orders and Eegulations in force in the said High Court on
the said 14th day of February, 1860, shall, as far as practicable, regulate the
Proceedings of the said Courts, and each of them sitting in Equity.
V. The Judge of either of the said Courts may, from time to time, with the Alteration of Rules
approval of the Governor for the time being, make and publish General Orders may be modified in
for modifying such Procedure at Law, or in Equity, in the Court in which he certain cases,
presides.
VI. This Ordinance may be cited for all purposes as the | Civil Procedure Short Title.
Ordinance, 1869."
Passed the Legislative Council the 27th day of February, A. D. 1869.
Charles G-ood, William A. G-. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 9th day of March, 1869.
FREDERICK SEYMOUR,
Governor.
victoria, b. c.:
PRINTED AT THE GOVERNMENT PRINTING OFFICE.  BRITISH COLUMBIA.
AOTO   TRICESIMO SECTOTDO
VICTORIA   REGINJE.
No. 19.
An Ordinance entitled the "Game Ordi
nance, 1869."
[12th March, 1869.]
WHEREAS it is expedient to protect Game of various descriptions from Preamble,
being killed out of season, and to assimilate the law affecting such matters
in all parts of the Colony of British Columbia;
Be it enacted by the Governor of British Columbia, with the advice and
consent ofthe Legislative Council thereof, as follows:—
I. The "Game Ordinance, 1865," of the Colony of British Columbia, and Repeal   of   former
"An Act for the preservation of Game" of the year 1859, of the former Colony Ordinances.
of Vancouver Island and its Dependencies, and the " Game Ordinance, 1867,"
are hereby repealed.
II. From and after the passage of this Ordinance, it shall be unlawful for Close season defined,
any person to be in possession of any Grouse, Prairie-fowl, Quail, or Partridge,
for the purposes of sale or barter, between the first day of March and the
twentieth day of August, in any year; or of any dead Deer or Elk, between the
first of February and twentieth August in any year; or to collect or destroy
the Eggs of any Grouse, Quail, Prairie-fowl, or Partridge. Provided always
that the possession of any Deer, Elk, Grouse, Prairie-fowl, Quail, or Partridge,
by any person or persons, between the times aforesaid, shall he prima facie
evidence of an intention to sell, or barter, or offer the same for sale or barter;
but nothing herein contained shall be construed to prevent bond fide Settlers
in Country Districts from killing or getting such Game at any season for
their own consumption merely.
III. Every infraction or evasion of this Ordinance shall be punishable upon penalty,
conviction in a summary manner, before any Magistrate in British Columbia, by
a fine not exceeding Fifty Dollars for each separate offence, to be levied by
distress, or in default of payment by imprisonment for any term not exceeding
Three Months, at the discretion of the Magistrate convicting.
IV. This Ordinance shall not come into force until the first day of August, Time   when   Orai-
lg(J9. i nanca   to   come   in
force.
V. This Ordinance may be cited for all purposes as the " Game Ordinance, Short Title.
1869."
Passed the Legislative Council the 9th day of February, A. B. 1869.
Charles Good, "William A. G-. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 12thdayof March, 1869.
FREDERICK SEYMOUR,
Governor.
victoria, b. c. :
printed at the government printing office. J BRITISH COLUMBIA.
ANNO   TRICESIMO SECUNDO
VICTORIA   REGIN2E.
No. 20.
An Ordinance to enable the Municipal
Council of the City of Victoria to establish a permanent fund for the support
of the Fire Establishments of the said
City. .1"   f:-
[13th March, 1869.]
TptTHEREAS  it is expedient that a permanent fund should be raised for preamt,ie
the support of the Fire Establishments of the City of Victoria, and that
the Mayor and Council of the said City should be empowered to levy a Kate
for that purpose, in addition to the powers of taxation conferred under the
"Victoria Municipal Ordinance, 1867."
Be it enacted by the Governor of British Columbia, $lth the advice and
consent of the Legislative Council thereof, as follows:
I. There  shall  be raised, levied, and collected, in each and every year, T        f f-    p, t
during the continuance of an efficient Fire Establishment, upon or in respect
of each Building or Erection within the limits of the City of Vi«$yi% except
as hereinafter provided, a Rate not exceeding One-quarter of One per Cent, on the
value thereof,-as laid down on the Municipal Assessment Roll ofthe said'City,
for the year next preceding the annual levy.
II. Such Rate shall, in the first place, be paid and payable by the tenant or By whom payable
occupier of any such erection or building/ and in case such building or erection
is vacant, or -W sueh tenant or occupier shall neglect or fail to pay such rate
when due, then by the owner of the land on which any Stien -Building or
Erection shall be situate; and when paid, the amount paid with Interest thereon
at Twelve per Cent, per annum shall be recoverable by such Owner from the Owner
or Occupier of suvch Building or Erection, by distress, or otherwise, in like
manner as if the amount due were owing for rent in arrear. Provided, always, „ ..
that no Rate shall be levied, collected, or paid on or in respect of any Building
or Erection on which a substantial insurance against loss or damage by fire is
in existence to one-half of the assessed value of the building or erection, if such
insurance be effected by or through an Officejhaving an Agent carrying on
business within the limits of the said City of Victoria; nor upon any place
of.public worship; nor upon, any Buildings used for Government, Publiej or
Charitable purposes.
III. There shall be levied and collected upon and from all Agents of Fire Rate on insurance
Insurance Companies, who shall be carrying on business within the limits of Companies.
the said &ty of Victoria, an Annual Rate not exceeding One-eighth of One per
CentJupon the amtount of Insurance Upon all teal and personal property ^itttate
withwrthfe-l&Hiits of the said City of ViefoEBSy insured by thfern respectively,
within the year next preceding the 31st day of December, immediately preceding the declaration of such Bute.
IV. All Agents of Fire Insurance Companies shall, in the month of January Compulsory Return*
in each year, make a Return to the Clerk of the* Municipal Council of the City of property Insured,
of Victoria, at the Council Chambers, in the Form marked B. in the Schedule
hereto,
.       4 32° vTCTORLE, No. 20.
Fire Companies' Aid Ordinance.
Rates when due and
payable.
How recoverable.
Limit of total rate.
hereto, of all real and personal property situate within the limits ofthe said City of
Victoria, insured by them respectively,within the year next preceding the 31st day
of December then last past, and the amount of Insurance thereon respectively;
and shall, within Three Months after the passing and publication of this Ordinance, make a like Return to the said Clerk of all such Insurances effected by
them respectively, within the year next preceding the 31st day of December,
1868; and if no such Return be made, the said Mayor and Council shall determine the amount to which they shall be respectively liable to pay; and every
Agent who shall fail to make such Return shall incur a penalty not exceeding
One Hundred Dollars.
V. All Rates declared under this Ordinance, shall be deemed to be due on
the 1st day of April in each year, and be paid to the Clerk of the said Council,
in equal quarterly payments, at the Council Chambers in the City of Victoria,
or to a Collector duly appointed, who shall keep an account thereof, and the
same shall be paid into some Chartered or Colonial Bank carrying on business
within the said City of Victoria.
VI. All rates to be levied under the authority of this Ordinance shall be
paid quarterly, and if not paid within thirty days after the times they shall
respectively become payable, a sum equal to five per cent, upon the amount
payable shall be levied, collected, and paid, in addition to the amount so payable;
and if the amounts so payable be not paid within an additional period of thirty
days, the amount so payable, with costs, shall be recovered in a summary way
before any Justice of the Peace.
VII. The sum to be raised by virtue of this Ordinance shall not exceed the
annual sum of Three Thousand Dollars.
Accounts to be kept     VIII. An account of all moneys raised by virtue of this Ordinance shall be
by Corporation.        kept by the said Clerk in a separate book, and such book shall be open at all
times for the Managing Committee or Delegates of the several Fire Companies
Moneys to be paid of the City of Victoria aforesaid; and all moneys raised by virtue of this Ordi-
over to Fire Cos.      nance shall be paid over in the first week of the months of January, April,
July, and October, to the Managing Committee of the said Companies, to be
applied for the efficient maintenance and support of the said Companies.
IX. The " Victoria Municipal Ordinance, 1867," save so far as the same
may be repugnant to this Ordinance, shall be deemed to be incorporated in
and form part of this Ordinance.
Victoria Municipal
Ordinance incorporated with this Ordinance.
Interpretation Clause.
Short Title
X. Words importing the singular number, or the masculine gender only,,
shall be understood to include several matters as well as one matter, and several
persons as well as one person, and bodies corporate as well as individuals, and
females as well as males; and words importing the plural number shall be understood to apply to one matter as well as more than one, unless such construction shall be repugnant to the context.
XL This Ordinance may be cited for all purposes as the "Fire Companies'
Aid Ordinance, 1869."
Passed the Legislative Council the 2nd day of March, A. D. 1869.
Charles Good, "William A. G-. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 13th day of March, 1869.
FREDERICK SEYMOUR,
Governor.
SCHEDULE B,
Name of Company and Agent.    Description of Properly Insured.     Amount Insured
I, hereby declare, the above return to be a faithful and
true Return of all Real and Personal property situate within the Oily of Victoria, Iu-
sured by me within the year next preceding the 31st day of December, now last past* '
(Signature.)
VICTORIA, B. C.:
PRINTED AT THE GOVERNMENT PRINTING OFFICE. BRITISH COLUMBIA.
ANN"0   TRICESIMO SECUNDO
VICTORIA   REGINJJ.
************************************
No. 21.
An Ordinance to establish Public Schools
throughout the Colony of British Columbia.
[13th March, 1869.]
WHEREAS it is necessary to establish, an uniform system of
Public Education throughout the Colony;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:—
I. "The Common School Act, 1865," of the former Colony of
Vancouver Island, is hereby repealed.
II. It shall be lawful for the Governor in Council from time to
time,—
(a.) To describe "School Districts," to  define the boundaries thereof, and
from time to time repeal, alter, or amend the same;
(J.) To hear and determine all applications for Grants of Public Money for the
assistance of Common Schools, and to apportion, as may be deemed most
useful, the sum or sums of money granted by the Legislature for that purpose;
provided, always, that the assistance granted to any School Teacher shall not
exceed Five Hundred Dollars per annum;
(c.) To appoint Teachers to Common Schools, and, upon good cause being
shewn, to remove the same, or appoint others in their stead;
(d.) To provide for the examination of Common School Teachers, as well as
regards efficiency as character.
(e.) To provide that the Text Books used in Common Schools be of a proper
and non-sectarian character.
(_/.) To provide for the visitation and inspection of Common Schools when
deemed necessary, and for hearing and determining all complaints relating
to the management, arrangement, and maintenance of Common Schools, and for
the Public Grants made under this Ordinance being properly applied; provided, always, that the expenses of any such visitation and inspection shall
not be borne by the School funds;
(<?.) To make Regulations for due Returns being made of the Receipts and
Expenditures of Common Schools, and generally for all such information as
may be deemed necessary;
(h.~) To take charge of all Lands and Buildings set apart for general School
purposes, and applicable therefor, however acquired, whether by original
reservation by the Government or otherwise, and administer the same for
the purposes of this Ordinance.
(«'.) To make Rules and Regulations for the management and government of
Common Schools;
(/.) To provide for the establishment and election of Local Boards, as hereinafter provided.
ILT. No School District shall be created unless the following
conditions are complied with, namely:—
(a.) 32° VTCTORL/E, No.
Common School Ordinance.
Power to dispense
with petition, &c.
Election of Local
Boards.
Duties of Local
Boards.
(a.) A petition shall be addressed to the (Jovornor, signed by at least two
thirds of the resident householders of the District, praying to have the
same converted into a School District;
(6.) The said petition shall set forth the number of children between the
ages of 5 and 18 years who will be able to attend the proposed School;
and also the number of children below the age of 5 years; and also the
number and names of the residents in the District above the age of 21
years, and the amount to be contributed by them towards the support of a
School Teacher and School-house.
IV. Provided, always, that the Governor in Council shall not
require any such petition from any present School District, and
shall have power, if he think fit, to refuse to create any School
District where the number of children likely to attend School does
not exceed twelve in number, or where the amount,likely to be
collected shall not exceed Three Hundred Dollars per "annum for
the School Teacher; but provided, further, that nothing in this
Section shall prevent the Governor in Council*granting assistance
to Districts not containing inhabitants enough to warrant their
being converted into School Districts, in accordance
Ordinance.
with this
V. Upon the receipt of such petition as aforesaid, from any
District, the Governor in Council may order the election of a Local
Board therein, to consist of not less than three persons, who shall
be elected annually, during the first week in October in each year,
at a Public Meeting (of which seven days' notice shall be given by
the Chairman of the then existing Board) of the residents of the
District; provided, however, that the first election under this Ordinance may take place at any time appointed by the Governor; .and
provided, further, that the Municipal Council of the City of
Victoria, and of the City of New Westminster, and the Council of
any Municipality hereafter created, shall be and are hereby constituted the Local Board for the City of Victoria, aud of New Westminster, aDd of any Town created as aforesaid, respectively, or any
extension of their limits for'the purpose of this Ordinance, and
shall have and may exercise all the powers vested in Looal Boards
by this Ordinance, without any special election or special meetings
for the purposes of this Ordinance.
VI. It shall be the duty of the Local Board:—
1. To appoint one of themselves, or some other person to be Secretary and
Treasurer, for the correct recording of all proceedings, and the safe keeping
of all papers and moneys;
2. To have the safe custody of all School property within the District;
3. To do whatever they may judge expedient with regard to the maintenance,
repair, and furnishing of School premises, and to have the general management of the Schools, subject to the Rules and Regulations of the Governor
in Council;
4. To call a Special Meeting (of which a Member of the Local Board. shall
be Chairman) of the freeholders and resident householders of the District,
as early as may be in each year, (and of which Meeting Seven Days' notice
shall be given in as public a manner as possible), to determine whether to
apply for a Grant in aid of Educational purposes as hereinafter provided,
and to decide in what manner the balance (if any) of moneys required for
the purposes aforesaid, and for which the said Grants may not prove sufficient for the current year shall beraised, whether by voluntary subscription,
Tuition Fees, or General Rate as hereinafter mentioned, and to fix the
amount of such Tuition Fee; provided, always, that such Tuition Fee
shall not exceed Two Dollars per Month for each Scholar;
5. In their discretion, to exempt from the payment of Tuition Fees, wholly
or in part, any indigent person;
6. To demand, receive, and account for all moneys to he collected by rate
bill from the parents, or by subscription, or otherwise, from the inhabitants
of the District, and to use all lawful ways and means for the collection
thereof; and to pay to the School Toucher the sum guaranteed to him by
the Local Board;
7. To permit all residents in the School Districts, between the ages of five
and'eighteen years, to attend the School, so long as they conduct themselves in conformity with the Roles of such School, and the fees or rates
(if any) required to be paid on their behalf arc folly discharged;
8. To 32° VICTORIA, No. 21.
Common School Ordinance.
8. To transmit, before the 31st December in each year, a Report of the
condition of the Schools within the District, together with a statement of
all Receipts and Expenditure for School purposes, to the Governor in
Council;
9. To make application to the Governor in Council for a Grant of the public
money, if required, to aid the establishment or maintenance of a Common
School, stating in such application the number of children between the ages
of 5 and 18 years resident in the District; the number of pupils likely to
attend School, and how many thereof will be able to pay School Fees if
required; the mode or manner adopted for the support of the School and
School Teacher; the amount likely to be collected; the guarantees for its
collection; the amount to be paid to the School Teacher; the sum reserved
for furnishing and keeping in order and repair the School premises; and
generally all such information as may be required by the Governor in
Council.
10. To demand, receive, and account for all moneys collected or payable
under any By-Law as aforesaid from the residents of the District, or
received from the parents or guardians of children.
VTI. If, at the before mentioned Annual Meeting of the free- Power to Local
holders and resident householders it shall be determined by a vote Board to levy a tax.
of two-thirds of the number present to levy a Tax in lieu of charging
Tuition Fees, the Local Board shall have power, and the same is
hereby granted, to pass a By-Law for levying and collecting a Tax
not exceeding Two Dollars per head per annum upon all resident
householders and male residents above the age of 20 years, in the
District.
VIII. Every By-Law, when approved of by the Governor, shall have the Power to enforce
force of law, and any person liable to pay any Tax made payable thereunder, payment of tax.
and refusing to pay the same within seven days after the same shall have
become due, may be summoned, at the instance of the Local Board, to appear
before the nearest Justice of the Peace, who shall have power to act summarily
in the matter, and adjudge the amount of the said Tax, and such costs (to be
levied, if necessary, by distress of goods and chattels of the person refusing to
pay) as he may think reasonable.
IX. Every such By-Law shall be in force until repealed or amended by a Eepeal or amend-
succeeding Local Board, but no such amended By-Law or repeal thereof shall ment of By-Law.
take effect until approved of by the Governor.
X. The Governor shall have power, before assenting or refusing to assent to Power to refer By-
any By-Law, to refer, if he think fit, the same to the residents of the District Law *° residents of
for their approval or the contrary, and to order their votes to be taken in that    istnct-
behalf.
XL Upon the receipt of a proper application from the Local Board of any Disposal of Common
School District, or from the inhabitants of any District, the Governor in Scn°o1 grant.
Council may, after having taken into consideration such application, appropriate out of the Public School Fund a sum not in any case to exceed Five
Hundred Dollars per annum, for the purpose of assisting the payment of a
Salary to a School Teacher, and also, if necessary, a further sum to aid in
defraying the expense of erecting a School-house or of renting a building or
room suitable for the purpose of a Common School, and to order the payment
of such sum at such times and in such manner as may be deemed advisable or
necessary; provided, always, that such grants shall not be made until the Local
Board shall have given satisfactory evidence that the portion promised by the
Local Board for the payment of a School Teacher, the erection of buildings,
and furnishing and maintenance of the School has been collected and paid, or
reasonably secured.
XLL It shall be lawful for every Clergyman and Minister of any Clergy may visit,
denomination, at. such times, before and after the regular school
hours, as shall be approved by the Governor in Council, to visit the
Public School ofthe District in which such Clergyman or Minister
is resident or officiates, and impart such religious instruction as
he may think proper to the children of his denomination.
XUI. This Ordinance may be cited for all purposes as "The Short Title.
Common School Ordinance, 1869."
Passed the Legislative Council the 24th day of February, A. D. 1869.
Charles Good, William A. G. Young,
Clerk of the Council. Presiding Member.
•  Assented to, on behalf of Her Majesty, this 13th day of March, 1869.
FREDERICK SEYMOUR,
  Governor.
victoria, B. c<:
PRINTED AT THE GOVERNMENT PRINTING OFFICE. li BRITISH COLUMBIA
ANNO TRICESIMO SECUNDO
VICTORIA   REGINiE.
************************************
No. 22.
An Ordinance to facilitate the working
of Mineral Lands.
[10th March, 1869.]
"11THERE AS it is expedient to develop the resources of the Colony
TT   by affording facilities for the effectual working of Silver, Lead,
Tin, Copper, Coal, and other Minerals, other than Gold;
Be it enacted by the Governor of British Columbia, with the
advice and consent ofthe Legislative Council thereof, as follows:
I. From and after the Proclamation in this Colony of Her
Majesty's assent to this Ordinance, every Person, or Association, or
Company of Persons whomsoever, shall be free to enter and explore
for Silver, and all the baser Metals and Minerals, including Coal
in and uncter the Mineral Lands hereinafter defined, subject nevertheless to the provisions aud conditions of this Ordinance, and any other
regulations affecting the acquisition and tenure thereof, which may
from time to time hereafter be prescribed by law.
II. Every Person, Association of Persons, or Company, desirous
of acquiring a Mine or Mining Claim under this Ordinance, shall,
before entering into possession ot the particular part of the said
Mineral Lands he or they may wish to acquire and work for Minerals,
make application in writing to the Assistant Commissioner of Lands
and Works for the District within which the land required is situate,
for a Prospecting License over such land, for any term not exceeding
two years from the date of such application.
III. Every such applicant .shall give to such Assistant Commissioner the best practicable written description of the plot of land
over which the privilege is sought, after having located the same,
together with a proper plan or diagram thereof shewing the
positiou ofthe boundary posts to be set up by the applicant in and
upon the land, and by stating in the description any other landmarks
of a noticeable character; and such application and plans shall be in
duplicate, one of which shall be filed of rscord in the office of the
said Assistaut Commissioner at the lime of its being received by
him, and the other transmitted forthwith by the said Assistant
Commissioner to the Chief Commissioner of Lands and Works,
and retaiued by him for general reference.
IV. Every piece of land sought to be acquired under the provisions of this Oidinance, shall, s.ive as hereinafter mentioned, be
of a rectangular shape, and the shortest line thereof shall be at Last
two-thirds the length of the longest line.
V. 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
After Queen's assent
to Act, all Mineral
Lands open for
Mining.
Prospecting License
for two years.
Applicant to send
place and description to Land Office.
Shape of land.
Natural boundaries
may be adopted in
certain cases.
} t 32° VICTORIA, No. 22.
Mineral Ordinance.
Lines of adjacent
claims may be
adopted.
Enclosed spaces
may be adopted,
notwithstandi g
any irregularity
of shape.
Application for
Prospecting Licens
and in such case it shall be sufficient for the claimant to show to the
satisfaction of the Assistant Commissioner of the District, that the
said form conforms as nearly as tcircumstances permit to the provisions of this Ordinance.
VI. If the land sought to be acquired be bounded by land already
held under this Ordinance, the line of such land may be adopted by
the person so seeking to acquire, notwithstanding any irregularity
in such line, which may have been occasioned by the adoption of a
natural boundary by the claimant of the adjacent land.
VII. 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 iu
length of any of the sides.
VLTI. No applicant shall be entitled to receive a ProspectingLicense
until he shall have proved to the satisfaction of the said Assistant
Commissioner, that before making such application he has caused a
written or printed notice of his intention to apply for such a License,
to be posted on some conspicuous part of the land applied for by
him and of any adjacent (if any) Sett or Mining Claim, and on the
Court House of the District (if any) for fourteen clear days, or
if the ground applied for, or any . part thereof, has been
previously recorded then for one calendar mOnth previous to his application, and that no valid)opposition to his claim has been substantiated before the said Assistant Commissioner, as hereinafter
mentioned.
IX. Such Assistant Commissioner is hereby empowered and
required, upon receiving satisfactory proof of the said applicant
having complied with the preliminary requirements in that behalf
hereinbefore contained, to grant to such applicant a Prospecting
License as aforesaid.
Xi Every applicant upon proving to the satisfaction of such
Assistant Commissioner that he has bona fide explored and worked
for Coal (or other Minerals as the case may be) during the said
term of two years, shall be entitled to an extension ofthe said term
for a second period of one year, and such further time as the
Governor shall think fit.
Quantity of Lnnd XL A Prospecting Licensemay include within the general limits
included in License, therein defined, the following quantities of Mineral Land; that is
to say:—
(1.) In the case of a Prospecting License for Coal alone, not exceeding Five
Hundred Acres to each Individual applicant; or Two Thousand Five
Hundred Acres to any Association or Company consisting of not less than
ten persons;
(2.) In the case of a Prospecting License for any other Minerals than Coal
or Gold, not exceeding One Hundred Acres to each Individual applicant;
or Five Hundred Acres to any Association or Company consisting of not
less than ten persons.
Out of the above lands the Licensee may, at or before the expiration of such License or of any prolongation thereof, select for purchase the portion of Mineral Land to be included in a Crown Grant
'as hereinafter mentioned.
XIL Such License ma}r be in the Form marked A. or B. (as the
case ma}' be) in the Schedule hereto (which Schedule ishereby made
part of this Ordinance), and shall include full and exclusive power
and authority to search for, raise, get, make merchanjtable, and sell
for the use of the Licensee, all Metals and .Minerals in such
License specified, and hone other, within the prescribed,
limits, to make and erect the necessary roads, works,and buildings,
for profitably or conveniently carrying on the mining operations
therein, with a power to the Liconsee, at or before the expiration of
such License, or any prolongation thereof, upon compliance with tho
terms and conditions in this Ordinance contained, to claim a Crown
Grant of such portion ofthe Mineral.Land included in his LioftBfte,
On proof of requisites, Prospecting
License to issue.
Extension thereof.
Licensee may select
land  for Crown
Grant.
Powers of License.
as 18 hereinafter in that behalf more particularly described.
XIH.  Tho
— 82° VICTORIES, No. 22.
Mineral Ordinance.
XIII. The interest of every Licensee under this Ordinance shall be
deemed to have absolutely ceased and determined on the expiration
or other sooner determination of his License, or any prolongation
thereof, unless he shall have prior to such expiration or determination
made application for a Crown Grant as herein provided;, and on
such expiration or determination a,new Prospecting License over
the same Mineral Land, or any part thereof, may be made to any
new applicant entering into possession and complying with the requirements of this Ordinance.
XIV. Every Person, Association, or Company lawfully holding a
Prospecting License under this Ordinance, and complying with its
provisions, shall until the determination of such his, or their, holding,
and for the purpose of more effectually ear rying on Mining operations
on the premises, be entitled to the free use, without, compensation,
of a reasonable quantity of any uuoccupied and unappropriated Stone,
Sand, Lime, and Timber which may be on the premises included in
such License, and may erect such Buildings and Machinery, and
make and use such roads and works within such limits, as he shall
find necessary for the profitable conduct of his or their Mining
operations.
XV. In case of any dispute, the right or title to or in a Prospecting License, and the possession of any claim or privilege under
this Ordinance, will be recognised according to the priority of
record or registration with the Assistant Commissioner, subject to
any question which may be raised as to the validity of the record
'itself. • '
XVI. The quantity of Mineral Land for Coal Alining to be granted
to any .Licensee duly applying for a Crown Grant, and fulfilling the
co iditions hereinafter in that behalf more particular!}7 mentioned,
will be for each Association or Company of ten or more persons
n:>t exceeding One Thousand Acres, selected out of the premises
included in such License.
XVII. It shall be lawful for the Chief Commissioner of Lands and
Works and Surveyor General, upon proof to his satisfaction of the
necessity of such grant, and upon approval by him of the plan and
sections of the proposed works, which must be submitted to him,
and with the sanction of the Governor, to give to any person,
Association, or Company holding a Prospecting License or Crown
Grant under this Ordinance, by any writing under the hand of such
Commissioner, a right of way for a road, canal, or railway from his
Mining Claim to the sea shore, or other line of communication, for
any purpose connected with such Licensee's or Grantee's Mining
operations, with full power, by himself or themselves, his or their
agents, servants, and workmen, and with and without horses, cattle,
boats, waggons, carriages, or,other conveyances, to enter upon,
across, and into any lands or waters between the premises included
in such Liceuse or Crown Grant and such.shore, river, or other line
of communication, upon paying reasonable compensation to the
owner of such intermediate laud for the portions so taken, or for the
use so made.
XVIII. The amount, time, and manner of such compensation,
and the mode of distribution thereof among the parties claiming to
be entitled thereto, shall, upon the application of either party, be
fixed by the Assistant Commissioner of the District, and at his
discretion, either with or without a jury consisting of not less than
three nor more than five persons, which he is hereby empowered to
summon for the.purpose.
XIX. The decision of such Assistant Commissioner or jury (as the
case maybe) certified under the hand and seal of such Commissioner
shall be final and without appeal; and every sueh Certificate shall
be prima facie evidence, for all purposes whatsoever, of all the
matters and things therein contained, in all Courts ofthe Colony.
XX'. Provided that nothing herein contained shall be deemed or
taken to limit or affect the rUht ofthe said Chief Commissioner,
acting on behalf of the Crown, to lay out aud make public highways
in
On expiry of License
land open to new
comers.
Licensee may use
stone, sand, lime,
and timber.
Priority of record
priority of right.
Quantity of land in
Crown Grant.
Coal.
Prospecting License
to include right of
road or railway to
the sea.
Compensation to
parties affected.
Amount how determined.
Commissioner's certificate of amount
final.
Saving of right to
make any public
roads over lands
derived from the
Crown. ^82° VICTORL/E, No. 22,
Mineral Ordinance.
Other Minerals.
Preliminaries to
Crown Grant.
I
in or over such intermediate lands or waters aforesaid, or other
lands, whenever it shall be deemed for the public interest to create,
alter, or maintain public highways, or to vary the same, through
lands derived from the Crown.
XXI. The quantity of Mineral Land to be granted for Mining
for all Metals and Minerals, other than Coal and Gold, to any
Licensee duly applying for a Crown Grant, and fulfilling the conditions hereinafter in that behalf more particularly mentioned, shall,
for each individual applicant, not exceed three chains long by two
chains wide; and for each Association or Company of ten persons
shall not exceed thirty chains long by six chaius wide.
XXIr. Before any such Crown Grant shall issue, the Licensee
applying for the same shall:—
(a.) Leave with the said Assistant Commissioner of Lands and Works, and post
on a conspicuous part of the premises sought for, and on the Court-House of
the said District, if aDy, for at least Two Calendar Months previous to the
record of his application for such Crown Grant, and prior to the expiration of
the term included in his License or any prolongation thereof, a notice of his
intention to apply for such Crown Grant, with a diagram of the premises, and
shall for the same space publish such notice in the Government Gazette and a
newspaper published nearest to the said mine and premises;
(#.) The said Assistant Commissioner shall thereupon post such notice in
his office for a period of Two Calendar Months;
(c.) The said Assistant Commissioner shall (if no adverse claim be filed with
him, or if filed shall have been finally decided) give a Certificate to such
Licensee to that effect;
(d.) Upon the application of the Licensee, and delivery of such Certificate,
the Chief Commissioner of Lands and Works and Surveyor General shall, upon
payment to him by the said applicant of such amounts as the said Chief Commissioner may estimate as the probable cost of surveying such premises, cause
a survey and plan thereof to be made, to be endorsed with his approval, designating such Land by its number on the Official Records, with the estimated
value of the improvements and labour expended on the said Land.
XXLTI. Upon proof, satisfactory to the said Chief Commissioner, of
compliance with the aforegoing provisions, and payment of the
amounts next hereinafter in that behalf prescribed, together with
the balance (if any) remaining unpaid of the actual cost of survey,
a Crown Grant shall be issued by the said Chief Commissioner
to the Licensee applying for the same.
XXIV. For COAL LANDS the price shall be as follows:—
For any quantity up to and including One Thousand Acres, at the rate of
Five Dollars per acre; provided that on proof, to the satisfaction of Government,
that Ten Thousand Dollars has been beneficially expended on any land held under
Prospecting License for Coal, a Grant of One Thousand Acres of the land included in such Prospecting License shall be issued to the Company holding
such Prospecting License, without payment of the upset price of such land.
XXV. For MINERAL LANDS containing other than Coal and
Gold, the price shall be as follows:—
lor any quantity of land not exceeding three chains long by two chains wide,
the sum of One Hundred Dollars, together with the costs oi survey; for any
quantity of land not exceeding thiity chains long by six chains wide, in the case
of a Company of not less than ten persons, the sum of Two Hundred and Fifty
Dollars, together with the costs of survey.
XXVL Upon  proof  satisfactory to the Chief Commissioner of
tnJT£f ?effPC,t?al Landsand Worksand SurveyorGencrahorothertheperson appointed
worK for Oiiscr m; n- « ** * *****   *%
for the time being in that behalf by the Governor, and a Certificate
in writing from such Commissioner or other person to the effect
that any Licensee or Licensees applying for a Crown Grant has
expended in bona fide mining for Minerals, other than Coal and
Gold in and under the S.ett or Mining Claim for a Grant of'which he
is applying, to the extent of not less in any case than One thousand
dollars, or (if an association or company of three or more persons)
of not less than Five thousand dollars, it shall be lawful fbr a Crown
Grant to issue to such person, association, or company, without the
payment of any, or of only a portion, ofthe upset price herein fixed
for the land to be included in such Grant, should the Governor in
his discretion so determine.
XXVTX Upon
Issue  of Crown
Grant.
Price of land con
taining Coal.
Other Minerals.
Remission of price
erais. 32° VICTORIA, No. 22.
§
Mineral Ordinance.
XX VII. Upon the said survey, or at anytime before the actual issue
of any Crown Grant under this Ordinance, it shall be lawful for the
Chief Commissioner of Lands and Works and Surveyor General,
or his agent, or other person specially authorised by the Governor
in writing in that behalf, upon payment of the actual expenses
connected therewith, to rectify boundaries and to settle finally, on
the spot, any dispute which may from time to time arise as to the
actual or proper boundaries between adjacent or conflicting Mining
Claims under this Ordinance. Every such decision, expressed in
writing and filed of record in the head Lands and Works Office, with
a plan or diagram of the proper boundaries as rectified, shall be final
and without appeal, any rule of Law or Equity to the contrary notwithstanding, and shall be evidence in all Courts in the Colony of
the several matters and things therein contained.
XXVILT. Whenever any adverse Claimants to a Mine or Mining
Claim, under this Ordinance as aforesaid, (in any other respect
than as to boundaries as next hereinbefore mentioned) shall appear
before the approval of the survey by the Lands and Work^, as hereinbefore mentioned, all proceedings shall be staye'd until a final
settlement and adjudication in the Courts of competent jurisdiction
of the rights of possession to such Mine or Claim has been obtained,
when a Crown Grant may issue as in other cases.
XXIX. The issue of a Crown Grant to any applicant under this
Ordinance, save where obta'ned by fraud or wilful misrepresentation,
shall confer and be deemed to confer on the person or persons
named therein^ an indefeasible and incontestable title in fee simple
absolute to, all the land specified in such Grant, save as hereinafter
excepted.
XXX. The Assistant Commissioner in every District shall have
jurisdiction to hear and determine all cases of dispute between
adverse claimants to Prospecting Licenses and Crown Grants under
this Ordinance (subject, however, as to rectification and settlement of
boundaries, to Clause XXVII. of this Ordinance); and it shall be
lawful for such Assistant Commissioner, and. he is hereby required,
on the written application of either party to a dispute, to summon a
jury, to consist of not less than three nor more than five persons, to
decide all questions,of fact; and the said Commissioner may award
such costs (including the costs of such jury) as he shall deem just
and reasonable, and in ease of default, enforce his judgment by
warrant of distress of the goods and chattels of the person so making
default. For the purposes of this Ordinance, and to enforce his
orders and decisions, the Assistant Commissioner, in addition to the
jurisdiction hereby conferred, shall have all the powers, authority,
and jurisdiction now by law possessed by County Court Judges in
the Colony.
XXXI. In cases of dispute as to the right of possession to any
Mineral Lands, the institution of proceedings therein may be commenced by a claim in tne Form marked D. in the Schedule to this
Ordinance; and upon the service of such claim on the opposite
p^rty, the Assistant Commissioner shall have power to decide thereon
(subject to appeal as hereinafter mentioned), with full power to place
the party who shall be found eutitled into possession ofthe laud in
question; and upon proper cause shewn to issue and enforce an
injunction to abate any intrusion or otherwise pending any proceedings, and to appoint a Receiver if necessary. Provided, always,
that either party to any such proceedings may require a jury to be
summoned to try any question of fact (other than disputed boundary
. as hereinbefore mentioned) as in the last Clause provided.
XXXII. Provided, always, that any person dissatisfied with the
decision of such Assistant Commissioner, on matter of law only and
not on mitter of fact, may appeal therefrom to the Supreme Court,
and uo appeal shall be allowed in any case unless notice thereof be
given iu writing to the opposite party, his Counsel, or Attorney,
within four days after the decision complained of, and also security
be given, to the approval of the Assistant Commissioner, for the
costs ofthe appeal, aud the amount (if any) payable under the judgment,
Rectification of
boundaries.
Adverse claimants.
Crown Grant an indefeasible title.
Assistant Commissioner may decide
disputes;
His jurisdiction and
powers.
Forms for proceedings.
Notice.
Injunction.
Jury.
Appeal to Supreme
Court.
I 4
<a 6
32° VICTORLE, No. 22.
Mineral Ordinance.
Amendment of pro
cee^dings.
Rights of Crown
reserved.
ment. and to abide by any decision under.such judgment; and the
.said Supreme Court may make such order as it shall think fit; and
such appeal may be in the form of a cflse settled and signed by the
parties, their Counsel, or Attorneys.
On certificate of de-     XXXIII. A'certificate of every decision of an Assistant Commission-
cision of dispute,    er shall be filed by him in his office, and a duplicate thereof transmit-
claim for Crown    £e(] j0 tne ilead office of the Lands and Works; and the service of
Grant may proceed. the fiual judgment or order of the Assistant Commissioner, or the
Supreme Court (as the case may be) in any case of disputed claim
to a Crown Grant, or an office copy of such judgment or order,
shall authorize such Commissioner and other the proper authorities
in that behalf to proceed with the issue of a Crown Grant, as in
ordinary cases.
XXXIV. No proceedings, process, notice, decision, or judgment,
under this Ordinance, shall be called in question or invalidated by
reason only of an}' informality or irregularity appearing therein or
connected therewith; and every Assistant Commissioner and Judge
of the Supreme Court shall have full power to make any amendments in any such proceeding (subject to such costs and terms as he
sMJl think fit) as may be deemed necessary to prevent the failure of
justice, by reason of mistakes and objections of form.
XXXV. Nothing in• this Ordinance contained, shall be deemed or
taken in any way to limit or affect the rights of Her Majesty, Her
Heirs and Successors in or to the Crown Lands of the Colony, other
than is herein particularly expressed, or to limit or affect the right
of the Crown to grant or lease tracts of land for Mining purposes
as heretofore, on any special application made in that behalf or
special cause shewn, or make Reserves for Government purposes, or
Indian settlements, or roads, bridges, buildings, or other public
purposes; or to limit or affect the operation of the "Gold Mining
Ordinance, 1867," other than is herein expressed.
No person to record XXXVI. No Person, Association, or Company shall be allowed
more than one Jco record more than one Mining Claim at one time, but he or they
may by written notice, filed with the said Assistant Commissioner,
withdraw from any Claim for which he-or they may have applied;
provided, always, that nothing herein contained shall prevent any
person being a member of more than one Company or Association
at the same time.
Forfeiture. XXXVII. If any Person, Association, or Company shall apply for
and record more than one Mining Claim hereunder, at the same
time, the filing ofthe last of such applications shall ipso facto forfeit
all Mining Claims previously recorded by the same parties, of which
Crown Grants had not been obtained, and all improvements thereon,
without compensation. Every forfeiture under this Ordinance
shall be absolute, any Law or Rule to the contrary notwithstanding.
Where no Assistant XXXVIII. Iii any Mineral Lands not included in any particular
Commissioner, Chief District of any Assistant Commissioner of Lands and Works under
this Ordinance, the Chief Commissioner of Lands and Works and
Surveyor General, shall have all the powers and authorities over
such lands, for all the purposes of this Ordinance, as an Assistant
Commissioner of Lands and Works would have had hereunder
over such lands, had they been specifically included in the particular
District of such Assistant Commissioner.
XXXIX. It shall be lawful for the Governor from time to time, by
notice published in the Government Gazette, to divide the Mineral
Lands into Districts, for the purpose of this Ordinance, and to
define the same, and from time to time, after the like notice, to
revoke, alter, or vary the same, as circumstances may appear to
require.
XL. The several fees mentioned in the Schedule hereto shall
be taken upon the several matters and things set opposite the
respective amounts in such Schedule particularly mentioned, and
shall be deemed, recovered, and accounted for as part of the
General Revenue,
XLI. Nothing
Commissioner to
act.
Power to Governor
to declare Mining
Districts.
Fees. 825 VICTORIA, No. 22.
Mineral Ordi
mance.
XL I. Nothing herein contained shall be construed to afieot- the Existing Lessee*
rights of any person or Company holding .Mineral Lands under may come in under
Lease, Reservation, or Grant from the Crown already made, but thia 0rdinailce'
every such person or Company may surrender such rigbts, and may
at once come under the provisions of this Ordinance, and hold such
land or such portion thereof as shall not exceed the quantity allowed
by this Ordinance, together with all the other privileges secured by
such Ordinance.
XLn. Provided that this Ordinance shall not take effect until Suspending Clause.
Her Majesty's approval thereof shall have been duly published in
this Colony.
XLIIL In the construction of this   Ordinance,  the following, interpretation
expressions shall have the following interpretations respectively, Clause,
unless there be something inconsistent or repugnant thereto in the
context:—
The'words "Her Majesty" or "The Crown" shall mean Her
Majesty, Her Heirs and Successors.
'   The word "Governor" shall mean and include any person administering the Government of this Colony.
The terms "Assistant Commissioner," Chief Commissioner"
shall mean Assistant Commissioner of Lands and Works, and
Chief Commissioner of Lands and Works and Surveyor General,
respectively, and shall also include any other persons appointed by
the Governor to act in lieu of those Officers respectively, for the
purposes of this Ordinance.
The word "Mine" shall mean any locality in which any vein,
lode, or stratum, or natural bed of Silver or other Mineral than
Gold, including Coal, shall be mined; and the verb "to mine" shall
include any mode or method whatsoever of working the same" for
the purpose of obtaining .the ore, mineral, or metal therefrom.
"Mining Claim" shall mean and include the interest acquired, or
sought to be acquired, in any Mineral Lands under this Ordinance.
"Mineral Lands," for the purposes of this Ordinance, shall mean
and include all waste lands of the Crown in the Mainland of the
Colony of British Columbia; including Queen Charlotte's Island,
and such other portion or portions ofthe said Colony as shall hereafter be brought under the provisions of this Ordinance, by any
Proclamation or Proclamations by the Governor in that behalf, and
which lands shall be available for Mining purposes, and whether
surveyed or unsurveyed, in which lodes, veins, beds, or strata of
Silver, Tin Copper, Lead, Coal, Iron, Cinnabar, or other Metal or
Mineral, other than Gold, and whether discovered or hidden, are
now or hereafter shall be found in place, and not for the time being
occupied by any other person, or in any way reserved, or the sits
of an existent, or proposed Town, or within one hundred yards of
any messuage, orchard, garden, or ornamental grounds.
XLIV. This Ordinance may be cited for all purposes as the Title
"Mineral Ordinance, 1869."
Passed the Legislative Council the 1st day of March, A. B. 1869.
Charles Good, William A. G. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this* 10th day of March, 1869.
FREDERICK SEYMOUR,
Governor.
SCHEDULE* 8
32° VTCTORLE, No. 22,
Mineral Ordinance.
SCHEDULE TO WHICH THE FOREGOING ACT REFERS.
Form A.
BRITISH COLUMBIA.
MINING LICENSE ISSUED UNDER THE "MINERAL
ORDINANCE, 1869."
 District.
Date
This is to Certify that , of , has by this
License exclusive authority to enter, prospect, search for, and work, for
Coal (but no other Metal or Mineral) upon, in, and under all that piece
or parcel of Mineral Land in this District, within the following boundaries:
not exceeding in the whole Statute Acres, together with
all the rights and privileges granted under the "Mineral Ordinance,
1869," and also a right to claim a Crown Grant of so much of the said
Mineral Lands as is prescribed in that behalf under or by virtue of the
said Ordinance, and subject and according to the provisions thereof.
This License will continue in force for two years from the date hereof.
Given under my hand, at
this
day of
Assistant (or Chief, as the case may be) Commissioner
of Lands and Works.
FormB.
BRITISH COLUMBIA.
MINING LICENSE ISSUED UNDER THE "MINERAL
ORDINANCE, 1869.
District.
Date
This is to Certify that , of , has by this
License exclusive authority to enter, prospect, search for, and work, for
Silver, Tin, Copper, Cinnabar, Lead, iron, and all other Metals and
Minerals, other than Coal and Gold, upon, in, and under all that piece or
parcel of Mineral Land in this District, within the following boundaries:
not exceeding: in the whole
Statute Acres, together with
all the rights and privileges granted under the " Mineral Ordinance,
1869," and also a right to claim a Crown Grant of so much of the said
Mineral Lands as is prescribed in that behalf under or by virtue of the
said Ordinance, and subject and according to the provisions thereof.
This License will continue in force for two years from the date hereof
Given under my hand, at , this day of
18      .
Assistant (or Chief, as the case may be) Commissioner
of Lands and Works.
Form C,
m
"MINERAL ORDINANCE, 1869.
Colony of       )
British Columbia, j
No.
Victoria by the Grace of God of the United Kingdom of Great Britain
and Ireland, and of the Colonies and Dependencies thereof in Europe,
Asia, Africa, America, and Australasia, Queen, Defender of the Faith,
and so forth. To all to whom these Presents shall come Greeting,
Rnow ye that We do by these Presents, for Us, Our Heirs and Successors, in consideration of
give and grant unto
All that parcel or lot of land situate
and assigns,
and 32° VICTORIA, No. 22.
9
Mineral Ordinance.
and numbered
on the official plan or survey of the said
, in the Colony of British Columbia, To have and to
hold the said parcel or lot of land, and all and singular the premises
hereby, granted, with their appurtenances, unto the said
and assigns for ever, subject nevertheless to the
provisions ofthe "Mineral Ordinance, 1869,"
Provided nevertheless that it shall at all times be lawful for Us, Our
Heirs and Successors, or for any person or persons acting in that behalf
byOur or their authority, to resume anypartof the saidlands which itmay
be deemed necessary to resume for making roads, canals, bridges, towing
paths, or other works of public utility or convenience, so nevertheless
that the lands so to be resumed shall not exceed one twentieth part of
the whole of the lands aforesaid, and that no such resumption shall be
made of any lands on which any buildings may have been erected, or
which may be in use as gardens or otherwise, for the more convenient
occupation of any such buildings.
Provided nevertheless that it shall at all times be lawful for Us, Our
Heirs and Successors, or for any person or persons acting under Our or
their authority, to enter into and upon any part of the said lands, and
to raise and get thereout any gold, or ore of gold, which may be thereupon or thereunder situate, and to use and enjoy any and every part of
the same land, and of the easements and privileges thereunto belonging,
for the purpose of raising and getting, and every other purpose connected
therewith, paying in respect of such raising, getting, and use, reasonable
compensation.
Provided nevertheless that it shall be lawful for any person duly
authorized in that behalf by Us, Our Heirs and Successors, to take and
occupy such water privileges, and to have and enjoy such rights of carrying water over, through, or under any parts of the hereditaments
hereby-granted, as may be reasonably required for mining or agricultural
purposes in the vicinity of the said hereditaments, paying therefor a
reasonable compensation to the aforesaid
heirs or [successors or]
Ln testimony whereof We have caused these Our letters to be made
patent, and the great seal of Our Colony of British Columbia to be hereunto affixed.
Witness Our right, trusty, and well beloved
Governor of Our Colony of British Columbia, and Vice-Admiral of the
same, &c, &c, at Our Government House, at , in Our
Colony of British Columbia, this day of
in the Year of Our Lord One Thousand Eight Hundred and
and in the Tear of Our Reign.
By Command.
Form D.
Victoria by the Grace of God of the United Kingdom ot Great
Britain and Ireland, and the Colonies and Dependencies thereunto
belonging, Queen, Defender ofthe Faith.
To and all Persons entitled to defend
the possession of to the possession
of which some or one of them claim to be
entitled under the "Mineral Ordinance, 1869."
These are to will and command you, or such of you as deny the alleged
claim, within Thirty Days after Service hereof, to appear
at
to defend the said Claim, or such part thereof as you may"be advised;
in default whereof Judgment may be signed, and you turned out of
possession.
Witness at the
day of A.D. 18    .
Assistant (or Chief, as the case may be) Commissioner ofLands and Works.
FEES.
Upon the record of every application for a Mining License,
or for a renewal thereof     5 Dollars.
Upon the record of every Grant of Mining License, or a
prolongation thereof ?|S Dollars.
Upon the record of every Crown Grant  25 Dollars.
Upon the record of every other matter and
thing under this Ordinance  2 Dollars and 50 cents.
VICTORIA,  B. 0.:
PRINTED  AT THE GOVERNMENT PRINTING. OFFICE.  BRITISH COLUMBIA
ANNO TRICESIMO SECUNDO
VICTORIA    REGIN^.
*^l*        *1*        *&*       *»t*        *1*       *t*        *1*        ^*       *£*       *&*       *A*       ^1*        »i>        *1*        *1*        *lrf        *li*       »i*        *i*        %1#      *1*        ^i*        *1*       *1*        *i#      ^*        ^*        *1*        *£>        «1#       «1*       »L*        -*-       ik        »f-
^     ^     ^     ^     ^     ^     ^     ^     *^     ^     ^     *^     ^i     2|i     ^S      ^     ^     ^K     ^p>     ^5     *T*      ^     ^     ^      ^    ^     n*     ^     *»*     *l"     *l*     *l*      1*     1*      "I*
No. 2S.
An Ordinance respecting the property of
Religious Institutions in the Colony of
British Columbia.
[15th March, 1869.]
WHEREAS it is expedient to amalgamate the Local Laws respect- Preamble,
ing the property of Religious Institutions;
Be it enacted by the Governor of British Columbia, witb the
advice and consent of the Legislative Council thereof, as follows:—
I. Where a Religious Society or Congregation of Christians in the Provides for Beligi-
Colony of British Columbia desire to take a conveyance of landforthe pus Societies hold-
site of a Church, Chapel, Meeting House, School, Belfry, Burialing       '
Ground, or residence for the Minister, or for the support of Public
Worship, and the propagation of Christian knowledge, such Society
or Congregation may appoint Trustees, to whom, and their successors
to be appointed in such manner as may be specified in the Deed of
Conveyance, the land requisite for all or any ofthe purposes aforesaid may be conveyed; and such Trustees and their successors in
perpetual succession, by the name expressed in the Deed, may, after
the consent of the Governor thereto first had and obtained, take,
hold, and possess the land, and maintain and defend actions in law
or equity for the protection thereof, and of their property therein.
TL. But such Trustees shall, within twelve calendar months after Title Deeds must be
the execution ofthe Deed of Conveyance, cause the Deed to be be resistered-
Registered in the office of the Registrar General for that portion of
the Colony in which the land included in the Deed is situate, or
otherwise the same shall be void.
TTL When a debt has been, or may hereafter be, contracted for Property of Reiigi-
the building, repairing, extending or improving of a Church, Meeting ous bodies may be
House, Chapel, School or Belfry on handheld by Trustees forthebenefit mor gage
of any Religious Society in the Colony of British Columbia, or for
the purchase of the land on which the same has been, or is intended
to be erected, the Trustees, or a majority of them, may from time
to time secure the debt, or any part thereof, by a mortgage upon
the Land, Church, Meeting House, Chapel, School or Belfry, or may
borrowto paythe debt or part thereof, ana may secure the repayment of
the loan and interest by a like mortgage upon such terms as may
be agreed upon.
IV. The Grantees in trust named in any letters patent from the Trustees may let
Crown, or the survivor or survivors of them, or the Trustees for the lands belonging to
time being appointed in manner prescribed in the Letters Patent or Relisious bodies;
other Deed, whereby lands are granted for the Use of a Congregation •
or Religious Body, and any other Trustees for the time being
entitled
HM
I * 82° VICTORIA, No. 23.
Peligious Institutions Ordinance.
but not without consent of Congregation.
entitled by law to hold lands in trust for fiie use of a Congregation
or Reliffious Body, may let, for any term not exceeding twenty-one
years, lands so held by them for the use of a Congregation or
Religious Body, at such rent and upon such, terms as the Trustees
or a majority of them deem reasonable; and in tbe lease they may
covenant or agree for the renewal thereof at the expiration of any
or every term of twenty-one years, for a further term of twenty-one
years, or a less period, at such rent end on such terms as may then
by the Trustees for the time being be agreed upon with-the Lessee,
his heirs, executors, administrators or assigns, or may covenant or
agree for the payment to the Lessee, his executors, administrators,
or assigns, of the value of any buildings or other improvements
which may, at the expiration of any term, be in the demised premises,
and the mode of ascertaining the amount of such rent, or the value
of'such improvements, may also be specified in the original lease.
V. But Trustees shall not have the power so to let, without the
consent of the Congregation or Religious Body, for whose use they
hold the land in trust, such consent to be signified by the votes of
a majority ofthe members present at a meeting ofthe Congregation
or Religious Body duly called for the purpose, nor to let any land,
which at the time of making the lease is necessary, for the purpose
of erecting a Ghurch, Place of Worship, or other building thereon,
Of for a Burial Ground fQf the Congregation for whose use the land
is held,
VI. The Trustees, for the time being, entitled by law to hold land
in trust for a Congregation or Religious Body, may, in their own
names or by any name by which they hold the land, sue or distrain
for rent in arrear, and take all such means for the recovery thereof
as landlords in other cases are entitled to take.
Trustees may dis-        VH. When land held by Trustees for the use of a Congregation
pose of property of or Religious Body becomes unnecessary to be retained for such use,
Religious bodies;     an(j $ }s deemed advantageous to sell the land, the Trustees for the
time being may give public notice of an intended sale, specifying
the premises to be sold, and the times and terms of sale; and after
publication of the notice for four successive weeks in a weekly newspaper pufblished in or near the place where the lands are situated,
and in the Government Gazette, may proceed to sell the land at public
auction according to the notice, but the Trustees shall not be obliged
to complete or carry into effect the sale, if in their judgment an
adequate price is not offered for the land, and the Trustees may
thereafter proceed 4o sell the land either by public or private sale;
but a less sum shall not be accepted at private sale than was offered
and sanction of Con- at public sale.    And before a deed is executed in pursuance of a
gregation  obtained public or private sale, the Congregation or Religious Body for whose
use the lands are held, shall be duly notified thereof and their sanction
obtained by Resolution passed at a meeting called for that purpose.
Trustees may sue.
thereto.
Empowers Courts to
examine Trustees.
statement showing all rents which accrued during the preceding
year, and all sums of money whatever in their hands for the use ana
benefit of the Congregation or Religious Body, and which were in
any manner derived from the lands under their control or subject
to their management, and also showing the application of any
portion of the money which has been expended on behalf of the
Congregation or Religious Eody.
IX. The Supreme Court having jurisdiction may, in a
summary manner, on complaint upon oath by three members
of a Congregation or Religious Body of any misfeasance or misconduct on the part of Trustees in the performance of duties authorised
by this Ordinance, call upon the Trustees to give in an account,
and may enforce the rendering of such account, the discharge of
any 32° VICTORIA, No. 23.
Peligious Institutions Ordinance
any duties, and the payment of any money, so that the Congregation or Religious Body may have the benefit thereof, and the Court
may compel the Trustees, in case of any misconduct, to pay the
expense of the application, or may award costs to the Trustees in
case the application is made on grounds which the Court considers
insufficient, or frivolous, or vexatious.
X. Nothing in this Ordinance shall empower any Trustees of any Burial grounds must
Religious Body to occupy or use land for burial purposes within b.e .outside of City
the limits of any towns or cities in British Columbia. mits'
XI. The Bill entitled "A Bill for the passage of an Act respecting
the property of Religious Institutions in the Colony of Vancouver
Island and its Dependencies," is hereby repealed, but any act done *y Act
or executed thereunder, shall be deemed to have been duly done
and executed, as if done and executed under the provisions of this
Ordinance.
XTI. This Ordinance may be cited for all purposes as the "Religi- short Title,
ous Institutions Ordinance, 1869."
Passed the Legislative Council the 9th day of March, A. B. 1869.
Charles Good, William A. G. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 15th day of March, 1869.
FREDERICK SEYMOUR,
Governor.
PRINTED AT THE  GOVERNMENT PRINTING OFFICE  BRITISH COLUMBIA
ANNO TRICESIMO SECUNDO
No. 24. 'I. •
An  Ordinance   respiecting   Indian   Reserves.
[15th March, 1869.]
WHEREAS it is expedient for the avoidance of disputes among Preamble.
•Indians and Settlers, as.to the right to lands used by Indians,
to provide a more speedy means than now obtains for the settlement
of all such questions;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:—
I. In case of any dispute arising between or among any Indian p?wer t0. Stipen-
or Indians, and any other person or persons as to the right to enter g^ie disputes*68510
into, or occupy, or as to any damage done to, any*Crown Lands in
the Colony, being Indian Reserves or Settlements, or to the improvements, crops, or cattle thereon, it shall be lawful for the
Stipendiary Magistrate of the District within which the land in
dispute is situated, upon any complaint made to him thereon, or
upon view of the premises, to hear and determine all such questions
and disputes, as and when the same shall arise, and thereupon,'or
in any case, to make such order or orders in the premises, and from
time to time to amend and vary the same as to such Magistrate
shall seem just and reasonable; and in case of wilful injury or trespass upon such Crown Lands, being Indian Reserves, or Settlements,
or Gardens, by any person or persons whomsoever as aforesaid, it
shall be lawful for such Magistrate, after reasonable notice to all
parties to be affected by such decision, and after a hearing, to award
and enforce such costs and damages, not exceeding in any one case
the sum of Two Hundred and Fifty Dollars, by warrant of distress
of the goods and chattels of the person or persons against whom
such decision is given, as to such Magistrate shall seem reasonable.
n. It shall also be lawful for such Stipendiary Magistrate in any and remove trespas-
such case, by any order in writing under his hand, to remove any sers*
person or persons from off the land, or any portion thereof, in respect of which the dispute has arisen; and in case of resistance or
disobedience to, or infraction of, any such order, to imprison the
party or parties so offending, for any term not exceeding One
Calendar Month, or to compel him or them to find'securities, to the
satisfaction of the Magistrate, to be of good behaviour, for any
period not exceeding Six Calendar Months.
TTT. This Ordinance maybe cited for all purposes as the "Indian Short Title.
Reserve Ordinance, 1869."
Passed the Legislative Council the 12th day of March, A. B. 1869.
Charles Good, William A. G. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 15th day of March, 1869.
FREDERICK SEYMOUR,
  Governor.
ft 4
PRINTED  AT  TH]
VICTORIA, B. C:
GOVERNMENT  PRINTING  OFFICE.  BRITISH COLUMBIA.
ANNO   TRICESIMO SECUNDO
GIN.X2.
||§       |      ' No. 25.       |'
An Ordinance to amend   | The County
Court Ordinance, 1867."
[15th March, 1869.]
YT7HEREAS doubts have arisen as to the subsistence of the powers of Preamble.
YY     Commitment bestowed on County Courts in the Colony, by | The
County Court Ordinance, 1867;"
And, whereas, without proper powers of Commitment, the County
Courts would in a great measure be inoperative; and it is expedient to
remove such doubts, and to confirm such powers;
Be it enacted by the Governor of British Columbia, with the advice
and consent ofthe Legislative Council thereof, as follows:
I. Sections 98, 99, 100, and 113 of the Imperial Statute, 9° and 10° Enacts Sections 98,
Victoria, chapter 95, shall be and are hereby declared to be of and to 99, ioo, and lis of
have full force and effect throughout the whole Colony of British Imperial Statute 9°
Columbia, and all the powers of Colnmitment for contempt, and other- andl° Vlc-)caP* •
wise, thereby conferred upon the County Courts, and the Judges thereof,
in England, enforceable by the same process, shall be and are hereby
conferred upon the County Court of British Columbia, and every
other County Court of the Colony, and all the Judges thereof,
respectively, for the time being, any Law or Rule to the contrary
notwithstanding; subject, nevertheless, to all and singular the same
restrictions and provisions, and -with and under the same process,
mutatis mutandis, in the County Court-of British Columbia, as govern
the same powers in the County Courts in England.
II. Whereas doubts have arisen as to the effect of the Order of the Bars all claims to
Supreme Court of Civil Justice of Yancouver Island, made on the 3rd fees by Officers of
day of April, 1860; for the avoidance of all such doubts, be it enacted Court-
that no fees or moneys heretofore received from or on account of any
proceedings in the Inferior or Summary Court of Civil Justice of Vancouver .Island, shall be deemed to be or to have been due or payable or
be paid to any Officer of the said Cdurt, or other person whomsoever,
but the same shall be and continue to be accounted for as part of the
Revenue of the said Colony, any Rule, Law, or Order of any Court to
the contrary notwithstanding.
III. This Ordinance may be cited for all purposes as | The County Short Title.
Courts Amendment Ordinance, 1869."
Passed the Legislative Council the 15th day of March? A. B. 1869.
Charles Good, William A. G. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 15th day of March, 1869.
FREDERICK SEYMOUR,
  Governor.
victoria, b. c:
printed at the government printing office.  BRITISH COLUMBIA.
ANNO   TEIOESIMO S1CTOTOO
VICTORIJS   REGINJE.
*****************************,
*******
No. 26.
An Ordinance to enlarge and amend the
"Victoria Municipal Ordinance, 1867."
[15th March, 1869.]
WHEREAS it is deemed expedient that Sections IV., XXXIII.   preamble
XLVIIL, L., LL, LVIL,  and the Schedule of the "Victoria
Municipal Ordinance, 1867," should be repealed or altered, and that the
said Ordinance should also be amended;
Therefore, be it enacted by the Governor of British Columbia, with the
advice and consent ofthe Legislative Council thereof, as follows:—
1. The. last paragraph of Section IV. ofthe "Victoria Municipal Amends quaiifica-
Ordinance, 1867/' shall be and is hereby repealed; and in lieu thereof, tion of Members of
the words or sentences "Having been for three months next preceding Council.
"the time of election, and being at the time of such election, the owner
"of property ofthe assessed value in the Municipal Assessment Roll of
" Five Hundred Dollars," shall be read as and form part of such Section.
II. From and after the passing of this  Ordinance, the Municipal Makes  the Assess-
Assessment Roll made by, the Municipal Council ofthe City of Victoria, ment Roll permanent
dated the 15th of September, 1868, shall (anything in the said Ordinance Dasis of taxation,
to the contrary notwithstanding) be and continue to be the Assessment
Roll for the said City, subject nevertheless to be altered and amended
from time to time as hereinafter provided; save and except that in lieu
of one-fourth of one- per cent., it shall be lawful for the said^Municipal
Council to levy any rate upon all Owners of Real Estate, in respect of
such estate, including the improvements thereon, not exceeding one-
third of one per cent.
2. The Municipal Assessment Roll maybe inspected by any person, at all Inspection of Roll,
reasonable times, free of any charge whatever.
3. It shall be lawful for the said Municipal Council, on such proof as to them Amendment of As-
shall from time to time appear satisfactory, to alter or amend the said Roll, either sessment Roll.
by striking out the Assessment, or by making a change in the name ofthe person
to be liable to pay the amount of any Assessment, or by making the Roll conform
to any order ofthe Court of Revision; but the Roll shall not be altered or
amended by assessing any person, in respect of his business, dogs, or horses, or in
respect of his property, in any other or higher amounts than that, if any, for the
time being appearing on the Roll, unless the said Municipal Council shall, for the
space of seven days, at least, before the last sitting of the Court of Revision, have
caused such person to be served with a notice of the rate intended to be imposed
on him, and requiring him to attend before the Court to show cause why he
should not be assessed as in the said notice specified.
4. Any notice by this Section of this Ordinance required to be served on any Service of notices,
owner of Real Estate, or other person, in respect of proposed Assessments, or
money due on account of Assessment, shall be served either personally or by
leaving the same (or depositing it in the Post Office, in an enclosure addressed to
such owner or other person as aforesaid) at his last known place of abode; and
in Victoria Municipal Amendment Ordinance.
in case such owners are unknown or cannot be found, by affixing a copy thereof
at or on some conspicuous part of each Town Lot or other piece of land or
property, in respect of'which the Assessment therein referred to shall have been
made.
The Roll evidence of     5. The person who, for the time being, shall appear on the Assessment Roll as
ownership.J
Notice of Appeal.
Court of Revision.
82° VICTORLE, Kb. 26.
the Owner of any Real.Estate shall, for the purposes of this Section, be deemed
to be such Owner; and if Real Estate shall not be assessed to any person by name,
or the owner aforesaid shall not be known or cannot be found, then the affixing
the notice aforesaid, in manner aforesaid, at or on the land or other property
aforesaid, shall be deemed to be and shall be due and sufficient service of such
notice.
6. In case any person shall, whether by reason of a change in the value of
property or otherwise, feel himself aggrieved at the amount at which he or any
other person may be assessed, it shall be lawful for such aggrieved person to
appeal to the Court of Revision, if such person shall, on or before the day immediately preceding the first sittings of the Court, have caused the Clerk of the
said Municipal Council to be served with a notice of such appeal, and the grounds
therefor.
III. Section L. of the said Ordinance shall be amended bv adding:
thereto at the end thereof the words, figures, and sentences "and shall
"in such notice state the place where the Assessment Roll may be
" inspected.
2. "There shall be three sittings of the Court of Revision; the first of such
I sittings shall be held in or previous to the month of February in each year: the
I second and third sittings shall be held at intervals of not less than seven clear
" days from the day appointed for the previous sitting, as the case may be. The
" first and second sittings may be adjourned from day to day, until the day ap-
" pointed for the then next sitting; and the third sitting shall stand adjourned from
" day to day, until the business before the Court shall have- been disposed of"
shall be read as and form part of such Section.
IV. Section LI. ofthe said Ordinance shall be and is hereby repealed,
and in lieu thereof, be it enacted as follows:—"The rates or taxes shall
"be deemed to be due on the 1st day of March in each year, and
I shall be payable at the office ofthe Clerk ofthe Municipal Council.
2. The rates or taxes shall be paid in the manner and at the times the
" Municipal Council shall, by By-Law, direct.
13. The said Municipal Council shall from time to time, so soon as con-
" veniently may be, after the third sitting of the Court of Revision shall have
" terminated, cause to be published in the Government Gazette, and one or more
" newspapers published or circulating in the said City, notice of the manner and
" the day or days appointed for the payment of the rates or taxes.
4. The rates or taxes on Real Estate shall be paid by the owner of the land
"in respect of which, or-the improvements thereon, the assessment shall have
"been made; provided, however, that when the assessment shall have been made
"in respect of property held under lease from the owner, or in respect of improve-
"ments which were not at the time of the assessment owned by him, the amount
"paid by the owner shall (in the absence of any agreement to the contrary) be
"recoverable by him from the lessee or occupier ofthe said property, or improve-
"ments as aforesaid, by distress or otherwise, in like manner as if the amount
" due were owing for rent in arrear in respeot of such property, together with
" interest thereon at the rate of twelve per centum per annum, from the date
' of payment as aforesaid, until the same be paid.
"5. If such tax be not paid within one calendar month after the day fixed
" for payment as aforesaid, interest after the rate of twelve per centum per
" annum shall thereupon attach and be payable until the amount due with such
" interest be registered as a charge against the property assessed, as hereinafter
" mentioned.
' 6. On and after the expiration of one year from the day of default as aforesaid, the amount of such tax (and also the amount of any tax now over due
n vi ._:.j\ i   :_i i ]   -«„* „:.e ..„.-:.,t....i.: .. a 1:	
ike period), and interest, and cost o
stration, may, on the ap]
ilicl-
—'-   — I  w. 11
"tion in writing, in the usual form, of the Clerk ofthe Municipal Council, be
" registered as a charge against the land in respect of which such tax was pay-
-< i       /» m:.i„    i_  -ir  ii       i-i i
'J
the Registrar General of Titles in Vancouver Island is herel
authorized and required to register the same accordingly
u 7. Once in every year, the Registrar General aforesaid
" Government Gazette a list of all property against which
" registered during the preceding twelve-months for unpaid ,
" the names of owners or supposed owners, and the amounts of such charges
" respectively.
"8. From
hall publish in the
charges have been
taxes, together with VICTORLE, No. 26.
Victoria Municipal Amendment Ordinance.
" 8. From and after the date of registration as aforesaid, the amount covered Arrears a charge on
" by the charge shall bear interest at the rate of eighteen per centum per annum; the land.
" and after the expiration of three years from such date, the land and property
" against which the charge has been registered shall and may be sold by public
"auction, in manner to be prescribed by the said Municipal^Council, and on
" the following conditions, namely:—
" 9. The said Municipal Council shall publish in the Government Gazette and Publication of list
" one or more newspapers published in the said City, a list of all lands and of lands sold for
" property by them intended to be sold as aforesaid, including the names of the taxes.
" owners or supposed owners thereof, together with the amount of all costs and
" charges due on such property, at least two months before such intended sale.
" 10. At the time and place appointed, the sale shall be conducted by the Sale by Sheriff.
" High Sheriff or his Deputy, and he shall he allowed therefor a commission
" not exceeding ten per centum upon the amount realized by such sale, in lieu
" of all expenses incurred thereby.
" 11. No lot or piece of land shall be sold for less than the value thereof, as Reserved price.
" assessed at the time when the tax in respect of which the sale is made was
" imposed.
" 12. Upon the sale of any lot, the High Sheriff shall and is hereby empowered Sheriff may convey.
" to execute a conveyance to the purchaser thereof, of all the estate and interest
"therein which the owner held at the time of the imposition of the tax; and
" the said. Municipal Council are hereby empowered to purchase at such sale,
" and hold any lot so purchased as Corporate property.
a 13. The proceeds arising from the sale of any lot as aforesaid shall be dis- Disppsal of proceeds
" posed of by the High Sheriff as follows:—He shall in the first place pay him- of sale,
"self the commission due thereon, and the cost ofthe conveyance; and, in the
| second place, shall pay the amount of all taxes due thereon, with interest and
| costs, including costs of registration, to the Clerk or Treasurer of the said
" Municipal Council; and shall pay the surplus (if any) into the Treasury ofthe
"Colony, to an account to be intituled 'Municipal Tax Sales Account,' and
" such moneys may be paid thereout by order of any Judge of the Supreme
" Court, on a summary application made to him in the form of a summons,
" supported by an affidavit of the lacts, to th<a person or persons, in the opinion
"of such Court, entitled to receive the same; and no Court fees shall be
" charged or received for such summons, or for any order thereon made.
" 14. No informality or irregularity shall vitiate any such sale and conveyance Informality shall
" as aforesaid, nor shall any purchaser be bound to enquire into the regularity not vitiate sale.
" or otherwise of such sale, or to the application of the purchase money therein
" expressed to be paid; and the Registrar General aforesaid shall register the
" title of the purchaser of every lot so sold, upon the production of the convey-
| ance by the Sheriff aforesaid.
"15. If any lot put up to auction as aforesaid shall not realize the amount of Power to enter and
" the assessed value thereof, the Municipal Council may, and they are hereby lease.
" authorized to, enter into possession thereof, and hold and enjoy the same, until
| the amount due for taxes, and costs and expenses, together with interest at
"eighteen per centum per annum, be fully paid and satisfied; but any such lot
1 may be included in. any subsequent sale, and sold in manner hereinbefore men-
I tioned.
"16. Concurrently with the remedies given by this Ordinance for the collec Taxes may be col-
| tion of Municipal taxes hereunder, the taxes payable by any person hereunder lected by law.
" may be recovered in any competent Court of Justice of the Colony, with interest
I after the rate of twelve per centum per annum from the day of default as afore-
I said, on all such arrears of taxes and registration fees, until paid, together with
I costs, as a debt due to the Corporation; and the production of a copy of so
I much of the Assessment Roll as shall relate to the taxes payable by such person,
" purporting to be certified as a true copy by the Clerk of the Municipal Council,
| shall be prima facie evidence ot the debt. It shall be the duty of the Munici-
1 pal Council, at least once in every year, to register the said lien or debt
I in the books of the Land Registry Office, as a charge on such Real Estate.
"17. A certificate of discharge and satisfaction, signed by the Clerk of the Cancellation of
"Municipal Council, shall be sufficient authority to the Registrar General to charge.
I cancel any charge appearing in the books of his office in respect of taxes; and
| he is hereby authorized and required to cancel the same, on payment of the
| costs and fees due and payable therefor. Provided, always, that the total amount
| to be charged and payable for registration.and cancellation shall be Two Dollars,
| and no more."
18. Section XL VIII. ofthe said Ordinance shall be and is hereby repealed; Constitution of
and in lieu thereof, " the Court of Revision shall consist of not less than  three Court of Revision.
1 Justices ofthe Peace for British Columbia or Vancouver Island, to be appoint-
" ed from time to time by the Governor for the time being'for that purpose; and
1 such Court shall have power to take and enforce the production of evidence,
I and administer oaths, at any sitting of such Court, and in and upon any matter
or
d 4m 2° VICTORLE, No. 26.
Victoria Municipal Amendment Ordinance.
Repeals Sec. LVIL,
of Municipal Ordinance, 1867.
Excludes the Beacon Hill Park from
the Municipal limits.
Interpretation.
Short Title.
" or thing coming within the purview of such Court; the wilful infraction of any
" oath so administered shall be deemed a misdemeanor, and infer the penalties of
"perjury; and all expenses (if any) connected with such Court of Revision shall
" be borne and paid by the Municipal Counci  out of Municipal Revenues."
V. Section LVH. of the said Ordinance shall be and is hereby repealed.
VI. That in the First Part of Schedule of said Ordinance, the words
" Thence southerly along the east boundary of the Public Park to the
"sea shore, at the south-east corner ofthe Public Park; thence westerly
" along the sea shore to the south-east corner of the Public Park; thence
" northerly along the west boundary line of the Public Park, to the
" point where the north side line of St. James' Street intersects it," be
struck out, and the following words inserted instead thereof—"Thence
" southerly and westerly along the east and south boundaries of the lot
" marked in the Official Map" A. Dallas," to the north-east corner of the
" Public Park; thence westerly along the north boundaries of said
"Public Park, to the north-west corner of said Public Park; thence
" southerly along the west boundary of said Public Park, to the point
" where it is intersected by the north side line of St. James'Street;" and
that in the Fourth Part of the said Schedule, the words "including the
"said.Park," be struck out.
VII. I n the construction of this Ordinance words importing the singular number or masculine gender only, shall be understood to include
several matters as well as one matter, and several persons as well as
one person, and bodies corporate as well as individuals, and females as
well as males, and words importing the plural number shall be understood to apply to one matter as well as more than one, unless such construction shall be repugnant to the context.
VIII. This Ordinance may be cited for all purposes as the "Victoria
Municipal Amendment Ordinance, 1869."
Passed the Legislative Council the llth day of March, A. B. 1869.
Charles Good, William A. G-. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 15th day of March, 1869.
FREDERICK SEYMOUR,
VICTORIA,  B. 0.:
PRINTED AT THE GOVERNMENT PRINTING  OFFICE. ^vT
-\.J£
sawii-jww
^>^=i^Efe>*
BRITISH COLUMBIA
ANNO   TRICESIMO SECUNDO
A   ^;   ^c   ^c   ^c   ^   5}c   5|:
sHsfc^^jfc**^**^*^******^*^*****
No. 27.
Ad Ordinance to encourage the I
ment of Investment and Loan I
{20th August, 1869.]
WHEREAS it is expedient that encouragement should be given Preamble.
to the establishment of Societies having for their object the
accumulation of Money in this Colony, and the investment thereof;
Be it enacted by the Governor of British Columbia, with the
advice and consent ofthe Legislative Council thereof, as follows:
I. In case any twenty or more persons agree to constitute them- Societies howincor-
selves into a Society under this -Ordinance, and execute under their porated.
respective hands and seals a declaration to that effect, and deposit
the same with the Registrar of Joint Stock Companies (who shall
grant his certificate thereof; and for the granting of sueh certificate
and receiving and registering such declaration, shall be entitled to
a fee of Five Dollars), such, persons and such other persons as afterwards become Members of the Society, and their several and respective executors, administrators, and assigns, shall be a Corporation,
Body Corporate and Politic, under this Ordinance, with the power
to hold lands as hereinafter mentioned, by the name and style men- Power to hold lands.,
tioned in such declaration, for raising by periodical subscriptions, in
sums not exceeding Ten Dollars per Month, or otherwise, of or from
the several Members of the Society, in shares (not exceeding the
value of Five Hundred Dollars for eacb share), a stock or fund, for
investment on real  security in Great Britain or Ireland, British
Columbia,  or any other of Her Majesty's Possessions, and for
enabling  persons  to become Members of such Society at any
time,  either for investment of capital therein or to obtain the
advance  of  their   shares   or  share   by giving -security therefor,
without being liable to the -contingency of losses or entitled to participate in the profits in the business of the said Society; and the
certificate ofthe Registrar olJoint Stock Companies, of such declaration as aforesaid having been deposited, shall be conclusive evidence Evidence of incorpo-
of the incorporation of the Soeiety in such certificate mentioned, ration.
The date of such certificate shall be deemed the date of incorporation Date of incorpora-
of the Society; and the liability of the Members shall be limited to tion
the payment of the amount unpaid on the shares Leld by them Liability of mem-
respectively.
H The several Members of the Society holding unadvanced shares Members of Society
thereon, may from time to time assemble together and make such may make Rules;
proper Rules for the government of the Society as the majority of
the Members so assembled deem meet, so as such Rules are not repugnant to the provisions of this Ordinance, or any Act or other
Ordinance then in force in British Columbia; and they may impose impose fines;
and inflict such reasonable fines, penalties, and forfeitures, upon the
several 32° VICTORLE, No. 21
Investment and Loan Societies Ordinance.
amend or rescind
Rules.
Society shall, by
Rule, declare objects
of Society;
how money to be
appropriated.
Rules to specify time
and place of holding
Meeting, and define
powers and duties
of members and officers.
Election of Directors.
Powers of Directors
to be declared by
Rules.
Rules to provide
that Treasurers shall
furnish annual statements of funds.
Statement to be attested by Auditors.
Rules to be recorded
in a book.
Copy of Rules to he
certified by Registrar
of Joint Stock Co's.
Rules so recorded to
he binding on members.
Examined copy of
Rule to be evidence,
Rules not to be altered   except   at   a
special general
meeting:.
Meeting to consist of
$ of Shareholders
representing not less
than •§■ of unadvanced stock, and majority consent in writing.
several Members of the Society infringing such Rules, as such,
majority of the Members think fit, to be respectively paid to such,
uses, for the benefit of the Society, as the Society by such Rules
direct; and they may, also, from time to time amend or rescind
such Rules, and make new Rules in lieu thereof, under such restrictions as are in this Ordinance contained.
HI. Every such Society shajlk in or by one or more of their Rules,
declare the objects for which the Society is intended to be established, and thereby direct the purposes to which the money from
time to time subscribed to, recieved by, or belonging to the Society,
shall be appropriated, and in what shares or proportions, and under
what circumstances any Member ofthe Society or other person may
become entitled to the same, or any part thereof.
IV. The Rules of the Society shall specify the place or places at
which it is intended that the Society shall hold its meetings, and
shall contain provisions with respect to the powers and duties of the
Members at large, and ofthe Officers appointed for the management
of its affairs.
V. Every such Society shall from time to time elect and appoint
any number of the Members ofthe Society to be a Board of Directors,
the number and qualification thereof to be declared in the Rules of
the Society, and may delegate to such Directors all or any of the
powers given by this Ordinance to be executed.
VI. The powers of the Directors shall be declared by the Rules
of the Society, and they shall continue to act during the time
appointed by such Rules, and until others are appointed.
VII. The Rules of the Society shall provide that the Treasurer,
or other principal Officers thereof, shall once at least in every year
prepare a General Statement ofthe Funds and Effects of or belonging
to the Society, and the value of such effects, specifying in whose
custody or possession such funds and effects are then remaining,
together with an Account of all Sums of Money received or expended by or on account ofthe Society, since the publication ofthe preceding periodical statement. Every such periodical statement shall
be attested by two or more Members of the Society, not being Directors, who shall be elected Auditors for that purpose by the Shareholders, and shall be countersigned by the Secretary or Clerk for the
Society, and every Member shall be entitled to receive from the
Society, without charge, a copy of such periodical statement.
VHL The Rules for the management of every such Society shall
be recorded in a book kept for that purpose, and such book shall
be open at all reasonable times for the inspection of the Members;
and a copy of such Rules shall be registered by the Registrar of
Joint Stock Companies, and certified by him before they shall be
binding on the Society.
IX. The Rules so recorded shall be binding on the several Members and Officers ofthe Society, and the several contributors thereto,
and their representatives, and they shall be deemed to have full
notice thereof by such record.
X. The entry of the Rules in the books of the Society, or a true
copy of the same, examined with the original, and proved to be a
true copy, shall be received as evidence thereof.
XI. No Rules, so recorded as aforesaid, shall be altered or rescinded, nor shall any Rule be created except at a General Meeting
of the Members convened by public notice, written or printed,
signed by the Secretary or President of the Society, in pursuance
of a requisition for that purpose made by not less than fifteen of the
Members, stating the objects for which the meeting is called, and
addressed to the President and Directors, and unless such general
meeting do consist of not less than one-third of the Shareholders
present in person or by proxy, representing not less than two-thirds
of the unadvanced stock of such Society, and the majority of such.
Members present as aforesaid do in writing under their hand concur
in such alteration or repeal of such Rule, or in the creation of any
new 32° VICTORIA, No. 27.
Investment and Loan Societies Ordinance.
new Rule; and no such Rule shall be deemed to have been altered,
repealed, or created, until the alteration, repeal, or creation, shall
have been assented to by the Registrar of Joint Stock Companies,
in writing under his hand. Each Member of the Society shall,
within fifteen days after the receipt of such requisition by the President or Treasurer, be notified by circular of the proposed alterations, repeal, or additions.
XH. When any share or shares in the capital of any Society
has or have become due and payable to the holder thereof, he may
either withdraw the amount of such share or shares from the said
Society, according to the Rules and Regulations thereof, or invest
the amount of his said share or shares as fixed or permanent stock
ofthe Society, and receive therefrom periodically such proportion
ofthe profits made by such Society as may be provided for by the
Rules of the Society. The moneys invested in fixed and permanent
stock may not be withdrawn therefrom, but may be transferred in
the same manner as other shares in the same Society.
XIH. Except in the case of the withdrawal of a Member according to the Rules of the Society then in force, no Member shall
receive, or be entitled to receive, from the funds of the Society, in
respect of any share which is not invested as permanent stock, any
interest or dividend by way of annual or other periodical profit
upon any share in the Society, until after the expiration, of the term
for which such share was originally granted, or such shorter period
as, under the Rules of the Society, may have been substituted
therefor.
XIV. Every such Society may from time to time limit the number
of shares to be granted, and, except in cases provided for in Section
XH., may charge a premium on any new share.
XV. Every such Society may, after reasonable notice m writing,
declare forfeited to the Soeiety the shares of any Member who is
in default, or who neglects to pay the number of instalments or
monthly subscriptions fixed by any stipulation or by-law, and
may expel such Members from the Soeiety, and the Secretary shall
make a minute of such forfeiture and expulsion in the Books ofthe
Society.
XVI. In case any payment either on account of subscriptions,
instalments, fines, or for expenses in relation to any security or
otherwise is due or payable to any such Society from any Member
thereof, the same may be recovered by action or suit in the usual
manner.
XVH. In case a Sub-Committee of Directors is appointed for
any particular purpose, the powers delegated to them shall be reduced to writing, and entered in a Book, by the Secretary or Clerk
ofthe Society.
X V I IT. The Directors shall choose a President and Vice-President, and they shall in all things delegated to them act for and in the
name of the Society, and the concurrence of a majority of the
Directors present at any meeting shall at all times be necessary in
.any act of the Board; and no business shall be transacted at any
meeting of Directors, unless a quorum of Directors, as prescribed
by the Rules be present thereat.
XIX. The transactions ofthe Directors shall be entered in a Book
belonging to the Society, and sball at all times be subject to the
review of the Society, in such manner and form as the Society by
their general Rules shall direct and appoint.
XX. All acts and orders of such Directors under the powers
delegated to them sball have the like force and effect as the acts
and orders of the Society at a general meeting.
XXI. The Directors shall from time to time, at any of their
usual meetings, appoint such persons as they shall think proper to
be Officers of the Society, grant such salaries and emoluments as
they deem fit, and pay the necessary expenses attending the management of the Society; and shall from time to time, when necessary,
Rules not to be
deemed altered until alteration assented to by Registrar
of Joint Stock Oo's.
Members to be notified of 'proposed alterations.
Shareholder whose
share is paid up may
receive or invest thi
amount.
Permanent stock
transferable only.
Except in cases  of
withdrawal, members not to receive
profits in  shares,
other than  in permanent stock, until
maturity.
Society may limit
number of shares,
and may charge a
•premium on new
shares.
Shares may be forfeited.
Members may be expelled.
Society may sue
members.
Tn certain cases,
powers of Directors
to be "recorded in
■books of Society.
Election of President and Vice-President.
Concurrence of majority of Directors
necessary.
Quorum to be present.
Proceedings of Directors to be entered
in books of Society.
Acts of Directors to
be binding.
Directors at meetings to appoint officers. S2° VICTORLE, No. 27,
Investment and Loan Societies Ordinance*
To remove officers
for incompetence or
misbehaviour.
Officers appointed to
receive money to
give security.
Societies may make
advances to members on security of
Real Estate, and
may take any property as further security.
Society may become
absolute owner by
foreclosure of any
property mortgaged
to it.
In certain cases, Society may proceed in
mortgage by sale,
&c.
After default for 3
months successively
Society may sell
property held in
mortgage.
Representatives of
deceased officers of
Society to deliver
over papers and moneys after demand.
Ordinance to extend
to aliens, &c, but
no feme coverte or
infant to be a Director.
How   Society   may
invest surplus funds.
sary, elect such persons as may be necessary for the purposes of the
Society, for the time and for the purpose expressed in tile Rules of
the Society; and shall from time to time, for incompetence or misbehaviour, discharge such persons, and appoint others in the room
of those who vacate, die, or are discharged.
XXH. Every such Officer or other person appointed to any
Office in anywise concerning the receipt of money shall, before
entering upon the duties of his office, execute a Bond, with two sufficient Sureties, in such form and for such, amount as the Directors,
determine, for the just and faithful execution of his office, according-
to the Rules of the Society.
XXLH. Such Society may "advance to Members, other than anv
or either of the Directors thereof, on the security of unadvanced
shares in the said Society, any portion of the funds of such Society,
and may receive and take from any person or persons, or bodies
corporate, any real property as original security, or any properly of
any nature or kind soever, as further or additional security for any
advances made as aforesaid.
XXTV. Every such Society may take and hold any property or
securities thereon bona fide mortgaged or assigned to it, either to
secure the payment of the shares subscribed for by its Members, or
to assure the payment of any debts due to the said Society; and
mav become the absolute owner thereof by foreclosure.
XXV. Whenever any such Society has received from a shareholder an assignment, mortgage, or transfer of any property to
secure the payment of any advance made by, or debt due to, such.
Society, and. containing an authority to such Society to sell such
property in case of non-payment of any stipulated number of instalments or sums of money, and to apply the proceeds of such sale to
the payment of the advances, interest, and other charges due to the
Society, such stipulations and agreements shall be valid, and binding, and the Society may cause the same to be enforced; and
may proceed on any such security for the recovery of the
moneys thereby secured, either at Law or in Equity, or otherwise,
and generally may also pursue the same course, exercise the same
powers, and take and use the same remedies, to enforce the payment of any debt or demand due to the Society as any person or
body corporate may by Law take or use for a like purpose.
XXVI. In case of default being made in payment of-any sum of
money secured, or intended to be secured, by any deed of security
taken by any such Society, or any part of any such sum, for the
space of Three Months successively after any or either of the days
or times at which the same became payable, it shall be lawful for
such Society to offer the property comprised in any such deed of
security, or any part or parts of such property, for sale by Public
Auction, and either together or in' parcels.
XXVH. If any person appointed to an office by the Society, and
being intrusted with and having in his possession, by virtue of his
office, any moneys or effects belonging to the Society, or any deeds
or securities relating thereto, dies, or becomes bankrupt or insolvent,
his legal representative, or other person having a legal right, shall
within fifteen days after demand made by the orders of the Directors
ofthe Society, or the major part of them assembled at any meeting
thereof, deliver over all things belonging to the Society to such
person or persons as the Directors appoint.
XXVLH. This Ordinance shall extend to aliens, denizens, females,
co-partners, and corporate bodies. Femes Cover Us and infants may
hold shares in any Society incorporated under this Ordinance, in
the same manner as male adults; and for the purpose of dealing
with such shares, shall be considered as femes Soles or male adults
respectively; and this Ordinance shall be construed in the most
beneficial manner for promoting the ends thereby intended; but
no Feme Coverte, or infant, shall be a Director of any such Society.
XXIX. Every such Society may invest any surplus funds in
the Stocks of anv Chartered Bank in, or other Public Security of,
the 32° YIOTORDE, No. 27.
Investment and Loan Societies Ordinance.
the Colony; and all dividends, interest, and proceeds arising therefrom, shall be brought to account, and be applied to the use ofthe
Society, according to the Rules thereof.
XXX. Every such Society, by its Rules, Regulations, or By-
Laws authorized to borrow money, shall not borrow, receive, take,
or retain, otherwise than in stock and shares in such Society, from
any person or persons, any greater sum than three-fourths of the
amount of capital actually paid in on unadvanced shares, and
invested in securities or in property by such Society; and the whole
of the property and capital ofthe Society shall be liable for the
amount so borrowed, received, or taken by any such/Society.
XXXI. Any such Society may hold absolutely Real Estate for
the purposes of its place of business, not exceeding the annual value
of Three Th@usand Dollars in any one place, exclusive of the
improvements which may be made by any such Society thereon.
XXXH. Such Society shall not be bound to see to the execution of any trust, whether expressed, implied, or constructive, to
which any share or shares of its stock may be subject, and the
receipt of the party in whose name any such share or shares stand
in the Books of the Society, or if such share or shares stand in the
names of more parties than one, the receipt of one of the parties
shall from time to time be a sufficient discharge to the Society for
auy payment of any kind made in respect of such share or shares,
notwithstanding any trust to which such share or shares may then
be subject, and whether or not such Society has had notice of such
trust, and the Society shall not be be bound to see to the application
of the money paid upon such receipt.
XXXTJJ. No portion of the funds of any Society established
under this Ordinance shall be advanced to any or either of the
Directors of such Society, nor to nor for his or their use, upon any
security or otherwise; and should any advance be made contrary to
the spirit of this Ordinance, the Director or Directors receiving the
same shall forfeit to the Society a sum equal to ten times the
amount so advanced, and shall cease to be a Director of such Society.
XXXIV. Every such forfeit or fine may be recovered before a
Stipendiary Magistrate of British Columbia, in a summary way, by
"Warrant of distress of the Goods and Chattels of such Director or
Directors. In case of default of payment of such forfeit or fine, and
of the insufficiency of such distress, such Director or Directors shall
be liable to imprisonment for a term not exceeding Twelve Calendar
Months, at the discretion of the Magistrate who shall have issued
the Warrant of distress.
XXXV. In case any Director or Directors, the Secretary and
Treasurer, or Secretary, or Treasurer, or Clerk of any such Society
shall take, charge, or receive any bribe, commission, or gratuity for
negotiating any Loan from, or procuring any advance to be made
by any such Society, such person or persons shall incur a penalty
of Five Hundred Dollars, and shall upon conviction thereof be
removed from office, and forfeit to the Society all his or their
interest in such Society.
XXXVI. If the Directors of any such Society shall declare any
dividend when the Society is known by them to be insolvent, or
any dividend, the payment of which would to their knowledge
render it insolvent, they shall be jointly and severally liable to the
extent of the aggregate amount of the dividend so declared for all
the debts of the Company then existing, and for all that shall be
thereafter contracted, so long as they shall respectively continue in
office. Provided, always, that if any of the Directors shall be absent
at the time the dividend or dividends shall be so declared, or shall
object thereto, and shall forthwith file their objection in writing
with the Secretary or Clerk of the Society, they shall be exempt
from the said liability.
XXXVH. Inasmuch as the stability of Societies established under
this Ordinance, will depend in great measure on the valuation of
the assets of such Societies, and the division of the profits from time
to
Amount Society
may borrow limited j
Real Estate for place
of business.
Society not bound
to see to trust to
which its stock is
subject.
What receipt sufficient.
No loan to be made
to a Director.
Any Director receiving a loan to pay a
fine of ten times the
amount received.
Recovery of fine.
Officers who receive
a bribe or commission to procure a
loan to incur a penalty of $500.
Directors to be liable for debts of dividend declared when
the Society is known
by them to be insolvent.
No portion of profits
of Society to be divided until the table
on which the securities held by the So- S^sss?
6
32° VICTORLdE, No. 27,
Investment and Loan Societies Ordinance.
ciety have been valued shall have been
sanctioned by an officer to be appointed
by the Governor.
When the assets of
Society to be valued
and accounts are to
be audited.
Return to be made
to Colonial Secretary-
Penalty  on  default
in making Return.
Examination of affairs of Society by
Inspector approved
.by the Governor.
^Powers of Inspector..
Bcsult of examination,how dealt with.
Power of Society to
appoint Inspector.
to time found or declared to have been made by such Societies, no
such Society shall be at liberty to divide any of the profits found or
declared to have been made by such Society, until the table on
which the securities held by such Society shaft have been valued,
and shall have been sanctioned or approved of by such Offioer as
the Governor or Officer Administering the Government may from
time to time appoint; and if any dividend shall be paid on or
in respect of any share in the capital of such Society before such
table as aforesaid shall have been sanctioned or approved as
aforesaid, each of the Directors who shall not have objected
thereto, and shall not have filed his objection in writing with the
Secretary or Clerk of the Soeiety, before any such payment, shall
incur a penalty of Five Hundred Dollars.
XXXVTH. In the month of December, in each year, the Assets
of the Society shall be valued, and the accounts audited; and on or
before the 14th day of the month of January, then following, a
Return, duly verified by the declarations of the Auditor and Treasurer, shall be made to the Colonial Secretary, in which shall be
stated in a tabular form,
The name ofthe Society;
The Nominal Capital;
The Actual Capital;
The number of unadvanced Shares held in accumulating Stock,
and the amount paid thereon;
The amount of permanent Stock not deposited as securiiy for
moneys advanced by the Society;
The amount borrowed or received on deposit;
The nature of the presumed Assets, with a concise statement of
the securities in a tabular form;
The losses and expenses during the year;
The profits divisible per Share;
And sueh other information as the Governor or Officer Administering the Government shall from time to time, by notice published
in the Government Gazette, order or require.
XXXLX. Lf any Society established under this Ordinance, makes
default in making a Return to the Colonial Secretary in compliance
with the foregoing directions, such Society shall incur a penally
not exceeding Twenty-five Dollars for every day -during which such
default continues.
XL. Upon the application of one-fifth in value of the holders
of unadvanced shares in any Society established under this Ordinance, the Governor or Officer Administering the Government may
appoint one or more Inspectors to examine into the affairs of the
Sfesiety, and to report thereon in such manner as he may direetl
XLI. It shall be the duty of all Officers and Agents of the
Society to produce for the examination ofthe Inspectors all Books
and Documents in their custody or power. Any Inspector may
examine upon oath the Officers and Agents of the Society, in relation to its business, and may administer such oath accordingly.
If any Officer or Agent refuses to produce any such Book or Document, or, to answer.any question relating to the affairs of the
Society, he shall incur a penalty not exceeding Twenty-five Dollars
in respect of such offence.
XLH. Upon the conclusion of the examination, the Inspectors
shall report their opinion to the Colonial Secretary. Such report
shall be written or printed, as the Colonial Secretary directs. A
copy shall be forwarded by the Colonial Secretary to the registered
Office of the Society, and a further copy shall, at the request of the
Shareholders upon whose application the inspection was made, be
delivered to them, or to any one or more, of them. All expenses of
and incidental to any such examination as aforesaid, shall be defrayed
by the Shareholders upon whose application the Inspectors were
appointed.
XLHL Any Society registered under this Ordinance may, in
a general meeting, appoint Inspectors for the purpose of examining
into the affairs of the Society.   The Inspectors.so appointed, shall
have 32° VICTORIA, No.
Investment and Loan Societies Ordinam
have the same powers and perform the same duties as Inspectors
appointed by the Governor or Officer Administering the Government, with this exception: that, instead of making their report to
the ^Colonial Secretary, they shall make the same in such manner
and to such persons as the Society in general meeting directs; and
the Officers and Agents ofthe Society shall incur the same penalties
in case of any refusal to produce any Book or Document to such
Inspectors, or to answer any questions, as they would have incurred
if such Inspectors had been appointed by the Governor.
XLFV. A copy of the report of any Inspectors appointed under
this Ordinance, authenticated by the Seal of the Society into whose
affairs they have made inspection, shall be admissible as evidence
in any legal proceeding.
XLV. All offences under this Ordinance, other than those provided for by Section XXXTV. of this Ordinance, made punishable by
any penalty, may be prosecuted summarily before two or more Justices, in manner directed by an Act passed in the Session holden in
the eleventh and twelfth years ofthe Reign of Her Majesty Queen
Victoria, chapter 43, intituled | An Act to facilitate the performance
of the duties of Justices of the Peace out of Session within England
and Wales, with respect to summary convictions and orders."
XLVI. The Justices imposing any penalty under this Ordinance,
may direct the whole or any part thereof to be applied in or towards
payment of the costs of the proceedings, or in or towards the
rewarding the person on whose information or at whose suit such
penalty has been recovered; and subject to such directions, all
penalties shall be paid to the Treasurer ofthe Colony, and shall be
carried to the credit and form part of the Revenue of the Colony.
XLVH. Notices requiring to be served by the Company upon
Shareholders, may be served, either personally, or by leaving the
same, or sending them through the Post Office in a letter addressed
to the Shareholders at their registered places of abode.
XLVLH. All notices directed to be given by the Societies shall,
with respect to any share to which persons are jointly entitled to,
be given to whichever of the said persons is named first in the
register of the Societies, and notice so given shall be sufficient
notice to all proprietors of such share.
XLLX. All notices required by this Ordinance to be given by
advertisement, shall be advertised in a newspaper circulating in the
City or District in which the registered Office of the Society is
situated.
L. The provisions of any Ordinance or Act for the time being
in force in British Columbia, relating to the winding up of Companies, shall apply to all Societies incorporated under this Ordinance.
LI. The word "Society" in the foregoing Sections of this
Ordinance shall be understood to include and to mean any Soeiety,
Company, or Institution established under the provisions and
authority of this "Ordinance; the word "Rules" to include Rules,
Orders, By-Laws, and Regulations; and whenever in this Ordinance
in describing or referring to any person or party, matter or thing,
any word importing the masculine gender or singular number is
used, the same shall be understood to include and shall be applicable
to several persons and parties as well as one person or party, and
females as well as males, and bodies corporate as well as individuals,
and several matters and things as well as one matter or thing,
unless it otherwise be provided, or there be something in the
subject or context repugnant to such construction.
LH. This Ordinance may be cited for all purposes as "The
Investment and Loan Societies Ordinance, 1869."
Passed the Legislative Council the 9th day of March, A. B. 1869.
Charles Good, William A. G. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 20th day of August, 1869.
PHILIP J. HANKLN,
Administering the Government.
Official copy of report of Directors to
be evidence.
Recovery of Penalties, other than those
provided for in Section XXXIV.
Application of Penalties.
Service of notice.
In case of joint owners of a share, on
whom notice to be
served.
How notice to be
advertised.
Provision  as   to
winding up of company.
Interpretation
Clause.
Short Title.  BRITISH COLUMBIA.
ANNO   TRICESIMO SECUNDO
JL1LJL tW'A
~W7*
JH"
**^*^^;*^:^;>tc^:^c^:^;^;>fc^;^:>i;***>l:'i:**>|:*****^;*^
No. 28.
«TM
An  Ordinance respecting   "1
panics' Ordinance, 1866."
[20th August, 1869.]
117HEREAS it is expedient to amend "The Companies' Ordinance, Preamble.
VV     1866," and also to extend the provisions thereof to that part
of this  Colony formerly known as Vancouver   Island   and  its
Dependencies;
Be it enacted by the Governor of British Columbia, with the
advice and consent ofthe Legislative Council thereof, as follows:—
I. The "Vancouver Island Joint Stock Companies' Act, 1860," Repeals Act of i860-,
is hereby repealed; but such repeal shall not invalidate any acts
heretofore done, or affect any rights acquired under such Act.
H. From and after the passing of this Ordinance, "The Com- Ordinance of 1866
panies' Ordinance, 1866," and all the provisions and enactments extended,
thereof shall, save as hereinafter modified, have full force and effect
throughout the Colony.
HI. The Governor may from time to time appoint such person Registrar,
as he shall think proper to act as Registrar of Joint Stock Companies.
TV. The expression "the Court" used iu Section IH. of "The interpretation of
Companies' Ordinance, 1866," shall in its interpretation also mean terms.
the "Supreme Court of Vancouver Island," and every Chief Justice
or Judge thereof; and the words "the said Supreme Court of Civil
Justice" in Section VI. of the said Ordinance, shall be construed
to mean the Supreme Court ofthe Maiulaud of British Columbia
and the Supreme Court of Vancouver Island, respectively, and any
Chief Justice or Judge thereof.
V. All the words after the figures 11862 " in Clause XL of the Rules or Orders may
said Ordinance,  are hereby repealed;   and instead thereof,  the be Taned-
following words shall be read as part of such Clause:—"provided
that it shall be lawful for the Chief Justice or Judge of either ofthe
said Supreme Courts of this Colony, with the sanction of the Governor, to vary or modify such Rules or Orders as occasion may
require."
VI. The said "Companies' Ordinance, 1866," and this Ordinance Companies'   Ordi-
shall be construed and read together as one Ordinance, and be cited nan5e> .l^6'. t0 ue
,.m,      r, •     > r\  j- toad >> read with this.
as "The Companies OrdiDance, 1869. c, n , „,...
^ ' bhort liue.
Passed the Legislative Council the 1st day of March, A. B. 1869.
Charles Good, William A. G. Young,
Clerk of the Council. Presiding Member.
Assented to, on behalf of Her Majesty, this 20th day of August, 1869.
PHILIP J. HANEIN,
Administering the Government.
VICTORIA,  b. o:
PRINTED  AT  THE  GOVERNMENT  PRINTING  OFFICE. 

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