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Ordinances passed by the Legislative Council of British Columbia, during the session from January to… British Columbia. Laws, statutes, etc. 1865

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Array   1
LIST  OF  ORDINANCES.
No. 1. An Ordinance to extend the term of the Steam Traction Engine Ordinance,
1804;
No. 2. An Ordinance to amend the Law of Evidi nee ;
No. 3. An Ordinance to amend the Duties of Customs ;
No. 4. An Ordinance in aid of the Trustees' Relief Act;
No. 6. An Ordinance to encourage the construction of a line of Tolograph, connecting the Telegraphs of British Columbia with the Telegraph lines of Russia,
the United States, and other Countries, and for other purposes;
Xo. 6. An Ordinance for the construction of a Toll Bridge across Thompson River
at L.\ t11' 11 i
No. 7. An Ordinance to amend the First Telegraph Ordinance, 1864;
No. 8. An Ordinance to establish a Decimal system of Accounts in the Colony of
British Columbia;
No. 0. An Ordinance to apply the sum of £225,946 12s 8d sterling, out of the
General Revenue of the Colony of British Columbia and its Dependencies, to the
service of the year 1865;
No. 10. All Ordinance to amend the Dues leviable at the Port of New Westminster;
No. 11. An Ordinance for the formation and regulation of Municipalities in British
Columbia:
No. 12. An Ordinance te amend the Excise Laws ;
No. 18. An Ordinance for imposing a duty on Gold -, *
No. 14. An Ordinance to amend and consolidate the Gold Mining Laws;!
No. 16. An Ordinance for the regulation of the Harbours of British Columbia;
No. IS. An Ordinance to prohibit the saleor gift of intoxicating Liquors to Indians ;
No. 17. An Ordinance to prohibit the unseasonable destruction of Game;
No. 18. An Ordinance to exempt certain articles from Road and Ferry Tolls, and
for other purposes ;
No. 19. An Ordinance to prevent the violation of Indian Graves;
No. 30. An Ordinance to amend the Law relating to Bankruptcy and Insolvency in
British Columbia;
No. 81. An Ordinance respecting Marriage in British Columbia;
No. 22. An Ordinance for regulating the amount and application of the Fees to be
taken In the Supreme Court of Civil Justice, from Suitors therein;
No. 28. An Ordinance respecting Arrest and Imprisonment for Debt;
* No. 24. An Ordinance respecting the Salary of the Office of Governor;
No. 26. An Ordinance to facilitate the creation of Ports of Entry in British Columbia;
No, 20. An Ordinance to declare the limitation of Foreign Suits and Actions;
No. 27. An Ordinance for regulating the acquisition of Land in British Columbia;
No. 28. An Ordinance further to facilitate the construction of the Overland
Telegraph.
♦ Since Repealed.  BE-ITISH  COILiTTiLvdL'BI.A-.
i
^
%
No. 1.     An
Steam
to  extend the term  of the
Engine Ordinance, 1864.
[7th February, 1865.]
WHEREAS it has been found necessary for the Public service to
extend the period for the enjoyment of the exclusive portion
of the privileges granted by the "Steam Traction Engine Ordinance, 1864."
Be it enacted by the Governor of British Columbia, by and with
the advice and consent of the Legislative Council thereof, as follows:
I. The period in Clauses 3, 4, and 6, of the "Steam Traction Engine Ordinance, 1864," limited for the enjoyment of the exclusive
privileges thereby conferred up to the 1st May, 1866, shall be and
is hereby extended to the 31st day of December, 1866.
II. Instead of the 1st May, 1865, in Clause 3, of the said Act mentioned, the 1st May, 1866, shall be the day by which three Traction
Engines, with suitable waggons and carriages shall be introduced
into the Colony.
m. In addition to the consent required in Clause 2, of the said
Act, the written consent of the. Governor shall be necessary for the
purposes there mentioned.
Preamble.
Extends exclusive privileges to 31st December,
1866.
1st May, 1866, day for
introduction of three Engines.
Governor's consent required for use of Engines
below Lytton and Lil-
looet.
IV. This Ordinance may be cited as "The Traction Engine ex-   Short Title.
tension Ordinance, 1865."
Passed the Legislative Council this 19th day of January, A. D. 1865.
Charles Good, Arthur N. Birch, .
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this seventh day of February, 1865.
FREDERICK SEYMOUR,
Governor.
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No. 2.   An Ordinance to amend the law of Evidence.
[8th February, 1865.]
WHEREAS doubts have arisen as to the competency of the Ab- Preamble.
origines to give evidence in Courts of Law in the Colony, by
reason of their imperfect comprehension of the obligations now
necessary to give validity to their testimony, and whereas it is expedient for the ends of Justice, and the removal of such doubts, to
enable such testimony to be taken;
Be it enacted by the Governor of British Columbia, by and with
the advice and consent of the Legislative Council thereof, as follows:
Aboriginals ami .Natives
of the halt-blood, may be
examined in all civil and
criminal proceedings.
I. In any.civil action, or upon any inquest, or upon any
inquiry into any matter or complaint or otherwise, or upon
the trial of any crime or offence whatsoever, or by whomsoever
committed, it shall be lawful for any Court, Judge, Coroner, Gold
or other Commissioner, or Justice of Peace, in the discretion of such
Court, Judge, Coroner, Gold or other Commissioner, or Justice of
the Peace, to receive the evidence of any Aboriginal Native, or Native of the half-blood, of the Continent of North America, or the Islands
adjacent thereto, being an uncivilized person, destitute of the knowledge of God, and of any fixed and clear belief in religion or in a
future state of rewards and punishments, without administering the
usual form of oath to any such Aboriginal Native or Native of the
half-blood as aforesaid, but upon his affirmation or declaration to
tell the truth, the whole truth, and nothing but the truth, or in such
other form as maybe approved by such Court, Judge, Coroner, Gold
or other Commissioner, or Justice of the Peace.
II. Provided that in the case of any proceeding in the nature of a Preliminary examination
preliminary inquiry, the substance of the evidence or information of t0 be in writing, duly
any such person as aforesaid shall be reduced to writing, and signed   ccrtlfie •
by a mark by the person giving the same, and verified by the signature or mark of the person acting as interpreter, if any, and of the
Coroner, Justice of the Peace, or person before whom such information
or evidence shall have been given.
HJ. The Court, Judge, Coroner, Gold or other Commissioner, or   preliminary caution to
Justice of the Peace, shall before taking any such evidence, infor-   be given to Native.
mation or examination, caution every such Aboriginal Native or Native of the half-blood, that he will be liable to incur punishment if he
do not, so as aforesaid, tell the truth. 1/
Whose written declaration or examination may
be taken in evidence.
taken
False evidence punished
as perjury.
Persons having a proper
religious belief, not to
give unsworn evidence.
Short Title.
IV. The written declaration or examination, made, ta&en an<
verified in manner aforesaid, of any such Aboriginal Native, or Native of the half-blood as aforesaid, being one of such uncivilized
persons as hereinbefore described, may be lawfully read and receiv d
as evidence, upon the trial of any cause Civil or Criminal in the s id
Colony, when under the like circumstances the written affidavit, x-
am mat ion, deposition or confession of any person, might be lawfu'ly
read and received as evidence.
V. If any such Aboriginal Native or Native of the half-blood as
aforesaid, making such affirmation or declaration aforesaid, in lieu of
an oath, shall be convicted of having wilfully, or corruptly, affirmed or
declared any matter or thing, which, if the same had been madeurjon
oath in the usual form would have amounted to wilful and corrupt
perjury, he shall incur the same penalties and forfeitures as by Law
are enacted against persons convicted of wilful and corrupt perjury.
VI. Nothing herein contained shall be deemed or taken to authorize any Court, Judge, Coroner, Gold or other Commissioner or
Justice of the Peace, to take or admit the unsworn testimony of any
person who shall upon examination by such Court, Judge, Coroner,.
Gold or other Commissioner, or Justice of the Peace, declare that he
believes in a God, a future state of rewards and punishments, or the
obligation of an oath.
Q1S
Evidence Ordinance, 186
Ordinance maybe cited for all purposes as "The Native
oo.
Passed the Legislative Council this 26th day of January, A.D. 1865.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this eighth day of February
1865. ,
FREDERICK SEYMOUR,
Governor. BRITISH   COXjTTIMIIBI.A
f.
m
No. 3.   An Ordinance to amend the Duties of Customs.
[15th February, 1865.]
WHEREAS it is expedient in some respects to alter the duties of Customs Preamble,
as now by law established in British Columbia, and to make further
provision for the levying thereof;
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, the duties of Customs Former duties repealed,
hitherto chargeable on goods, animals, and articles imported into and landed in
British Columbia, shall be and are hereby repealed.
II. In lieu thereof, from and after the passing of this Ordinance, there shall To be substituted,
be levied, assessed, collected, and paid to the use of Her Majesty, Her heirs
and successors:
a. Upon all goods, wares, merchandize, animals, and things imported into Ad valorem duties in Sche-
and landed in British Columbia, and more particularly mentioned in Schedule "u^e ^
A. hereto, and according to the value thereof, the several ad valorem duties in
such Schedule set opposite the respective articles therein named.
b. And (in addition to the ad valorem duties leviable on certain of the same And specific duties in Sche-
articles) upon all goods, wares, merchandize, animals and things imported into and dule B.
landed in British Columbia, the several specific duties of customs more particularly mentioned in Schedule B hereto, and set opposite the respective articles
therein named.
c. Arid so long as the Proclamation made and passed on the 10th day of Tonnage dues on imports
December, A. D. 1859, is in force and the dues thereby leviable shall be levied by Southern Boundary,
upon wares, goods, and merchandize transported from New Westminster to any
place in British Columbia, there shall be so levied, collected, and paid as aforesaid upon every ton of wares, goods, and merchandize imported into the Cofony
by way of the Southern Boundary, the sum of twelve shillings, and so on for
a greater or less quantity, and on cattle, horses, mules and asses so imported by
way of the Southern Boundary, the sum of two shillings and one penny per
head beyond the specific duties charged on animals in Schedule B hereto.
d. The articles mentioned in Schedule C hereto shall be admitted into British Free list in Schedule C.
Columbia free of duty.
III. With the Bill of Entry of any goods, there shall be produced to the Col- Invoice to be produced,
lector of Customs an invoice of the goods, and the Bill of Entry shall also
contain a statement of the value for duty of the goods therein mentioned, and
shall be signed by the person making the entry, and verified if required by his
declaration to the truth thereof, and no entry shall be deemed perfect unless a
sufficient invoice of the goods to be entered has been produced to the Collector.
IV. If any person passes or attempts to pass through the Custom House any Penalties for fraudulent in-
false or fraudulent invoice, or makes out or passes, or attempt to pass a Bill of voice.
Entry of any goods at a value below the fair market value of such goods, in the
Country from which such goods were last directly shipped or exported, or in
any way by undervaluation, or otherwise attempts to defraud the Revenue of
any part of the duty on any goods or things liable thereto, every such person
shall on conviction (in addition to any other penalty or forfeiture to which he
may be subject for such offence) be liable to a penalty not exceeding £100, and
the goods so under valued shall be and be taken and deemed to be forfeited.
W
w Appraisers how appointed. V. And inasmuch as it is expedient to make such provisions for the valuation of goods subject to ad valorem duties as may protect the Revenue and the
fair trader against fraud by the undervaluation of any such goods, therefore the
Governor may from time to time, and when he deems it expedient, appoint fit and
proper persons to be appraisers of goods at the port of entry, and every such appraiser shall before acting as such take and subscribe the following oath of office,
before some Justice of the Peace for this Colony, and deliver the same to the
Collector.    Every such appraisement shall be final:
Oath to be taken by appraiser.
I, A. B. having been appointed an appraiser of goods, wares and merchan-'
dize, and to act as such at the port of (or as the case may be) do solemnly swear
(or affirm) that I will faithfully perform the duties of the said office, without
partiality, fear, favour or affection, and that I will appraise the value of all
goods submitted to my appraisement, according to the true intent and meaning
of the laws imposing duties of Customs in this Colony; and that I will use my
best endeavours to prevent all fraud, subterfuge or evasion of the said laws, and
more especially to detect, expose and frustrate all attempts to undervalue any
goods, wares or merchandize on which any duty is chargeable, so help me God.
A. B.
Appraiser for (as the case may be).
186    .
Sworn before me, this
day of
E.
r.
J. P. for (as the case may be).
Collector when
appraiser.
Value of goods to be
market value.
Duties to be collected
Customs Duties.
Penalties for evasion
Short Title.
to act as VI. If no appraiser is appointed to any port of entry, the collector there shall
act as appraiser, but without taking any special oath of office as such; and the
Governor may at any time direct any appraiser to attend at any port or place,
for the purpose of valuing any goods, or of acting as appraiser there during any
time which such appraiser shall accordingly do, without taking any new oath of
office, and every appraiser shall be deemed an officer of the Customs,
fair VII. In all cases where any duty is imposed on any goods or things imported
into this Colony according to the value of such goods, such value shall be ander-
stood to be the fair market value thereof in the principal markets of the Country
whence the same where last shipped or exported direct to this Colony, and the
Collector and Appraiser shall, by all reasonable ways and means in their power,
ascertain the fair value of such goods as aforesaid, and estimate the value for
duty accordingly.
VIH. The duties hereby imposed shall be deemed to be Customs duties, in all
respects subject to the Customs Consolidation Act, 1853, the Supplemental Customs Consolidation Act, 1855, and this Ordinance; and shall be under the care
and management of the Collector of Customs for the time being for the Colony,
who by himself and his officers shall have all the powers and authorities for the
collection, recovery and management thereof, as are under or by virtue of the
said Customs Consolidation Acts, or either of them, or this or any other Act,
Ordinance or Proclamation, vested in the said Collector for the collection, recovery,
and management of duties of Customs, and all other powers and authorities requisite for levying the said duties.
IX. Every evasion or attempt at evasion of, or offence committed by any person or persons to defeat the payment of, any of the duties hereby made payable
on any goods or things imported into British Columbia, (which shall include its
dependencies) will) in addition to the penalties by this Ordinance imposed, be
prosecuted and punished in the manner prescribed by the said Customs Consolidation Acts.
X. This Ordinance shall be cited as "The Customs Amendment Ordinance,
1865."
Passed the Legislative Council this 15th day of February, A. D. 1865.
Charles Good, Arthur N. Birch,
Clerk. Presiding; Member.
Assented to, in Her Majesty's name, this fifteenth day of February, 1865.
FREDERICK SEYMOUR.
Governor. SCHEDULE A.
AD VALOREM CUSTOMS DUTIES.
Everything not enumerated under Schedules A, B, and C, shall be subject to
a duty cf 12i| per cent.
Ale and Porter  I 20 per
Axes     ! 12}
Bacon 	
Barley 	
Beans 	
Beef (salt)	
Billiard & Bagatelle Tables
Bitters	
Blankets	
Boots and Shoes 	
Bread 	
Bricks  	
Butter	
Candles 	
Camphene 	
Cheese   	
Chocolate 	
Cider 	
Clothing	
Coffee, green	
Do.   manufactured	
Confectionery   	
Cordials	
Drugs and Chemicals 	
Dried Fish	
Dry Goods	
Earthenware	
Fish (preserved) 	
Fire Arms 	
Flour	
Fruits (preserved)	
Furniture (excepting that
as provided for in Schedule C.)
Glass and Glassware  	
Groceries (not otherwise
provided for 	
Gunpowder	
cent.
15
12$
I 20
12$
12$
40
20
15
15
12$
15
20
12$
15"
12$
12$
15
15
20
12$
12$
20
30
15
12$
12$
12}
15.
12*
12$
12$
12$
15
Hardware & Ironmongery..
Harness and Saddlery	
Iron and Steel 	
Lard	
Leather	
Lime	
Meat (preserved) 	
Molasses	
Nails   	
Nuts and Almonds   	
Oils	
Oats	
Opium	
Paints	
Potatoes	
Pork (salt)	
Quicksilver   	
Bice	
Rope and Cordage 	
Shot 	
Soap 	
Stationery	
Sugar 	
Tar and Pitch   	
Tea	
Tin and Tinware 	
Tobacco 	
Vegetables 	
Do.       (preserved) ...
Waggons	
Wheat	
Window Sashes and Doors
Wine—Champagne 	
,,       Claret 	
,,       Various	
Woodware	
Yeast Powders	
Playing Cards  	
12$ per cent.
!2$
12$
15
12$
12$
12$
12$
12$
12$
15
12$
50
12$
12$
10
12$
20
12$
12$
12$
12$
20
12$
25
12$
30
12$ '
12$
12$
10
10 '
40
25
25
12$
12$
50
SCHEDULE B.
AD VALOREM AND SPECIFIC.
Spirits and Distilled Liquors of all kinds, for
every gallon Imperial
measure, of full strength
or less than full strength
of proof by Syke's Hydrometer,  	
And so on in proportion
for any greater strength
than proof.
And on the value thereof
at the place from whence
last imported	
Chinese Medicated Wine
and Spirits, per gallon ..
6s.
20 per cent.
6s.
And on the value thereof
at the place from whence
last imported.
Cigars and cheroots, pr 100
And on the value thereof
at the place from whence
last imported	
SPECIFIC.
Bulls, Cows, Calves, Oxen,
Horses, Asses, and Mules
per head	
Sheep, Goats, and Hogs,
per head	
20 pej cent.
4s. 2d.
20 per cent.
4s. 2d.
2s. Id.
1
SCHEDULE C
ARTICLES FREE OF DUTY.
All material required for ship or boat building, all kinds of Machinery, Pig Iron,
Agricultural Implements, Coin, Fresh Fish, Fruit, Poultry alive or dead, Seeds and bulbs
and roots of plants to be used in agriculture and not as food, Coal, Eggs, Hay, Salt,
Lumber, empty Gunny Sacks, Printed and Manuscript Books and Papers, Baggage and
Apparel, Household Furniture which has been in use, belonging to and arriving with
bona fide immigrants and professional apparatus of passengers. And also all goods, animals and articles whatsoever, imported for the public service, or uses of the Colony of
British Columbia, or for the use of Her Majesty's Land or Sea Forces',_ or of any person
holding any command or appointment in Her Majesty's Forces aforesaid: Provided always that all articles so excepted from duty as above mentioned, are the property of passengers and officers, for use, and not for making a profit by the sale thereof.
.--r'
W  BI^ITISSI   COLTJIk/EBI-A..
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JVo. 4.     An Ordinance in aid of the Trustees' Relief
. Act. 'i
[18th February, 1865.]
Preamble.
Becites 10 and 11 Vict.. c. 96.
Becites no branch Bank of England here.
In lieu of the Bank of England
payments may be made by
Trustees to Government Banker here.
WHEREAS, by an Act of the Imperial Parliament passed in the Session
holden in the 10th and 11th years of the reign of Her present Majesty,
in force in this Colony, and intituled an Act for better securing trust funds, and
for the relief of Trustees; it was among other things'enacted that the receipt
of one of the. Cashiers of the Bank of England, for money paid by Trustees 'or
other persons as therein directed, to the account of the Accountant General of
the High Court of Chancery,-should be a sufficient discharge to such Trustees
or other persons for the money so paid in;
And whereas, difficulties have arisen in the application of the said Act in
this Colony, by reason that there is no branch of the Bank of England established here, but the Banking business of the Government which in England is
transacted by or through the Bank of England, is here transacted by or through
the Bank of British Columbia;
And'whereas, it is highly expedient to remove all doubts, as well in cases   Necessity for enactment.
which have already occurred, as in those which may hereafter occur;
Be it enacted by the Governor of British Columbia, by and with the advice
and consent of the Legislative Council thereof, as follows:
I. All payments and transfers which by the said recited Act, ought in cases
within the jurisdiction of the High Court of Chancery in England, to be made
at the Bank of England, may, in cases within the jurisdiction sof the Supreme
Court of Civil Justice in this Colony, be made in the name of the person acting
as Accountant General of the said Court here, at the said Bank of British
Columbia, or other the Bank for the time being employed to transact the Banking business of the Government of this Colony.
II. And all payments heretofore made shall be deemed to have been lawfully
made within the statute; and the receipt of the Cashier of the Bank of British
Columbia or other Bank in this Colony, employed as aforesaid by the Colonial
Government, shall be and be deemed to be in all cases within the jurisdiction
of the Supreme Court of Civil Justice of British Columbia, as full and complete
a discharge for the money therein specified to be received, as the receipt of a
Cashier of the Bank of England, in cases within the jurisdiction of the High
Court of Chancery in England.
III. This Ordinance shall be cited as the "Trustees' Relief Ordinance,
1865."
Passed the Legislative Council this 13th day of February, A. D. 1865.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this eighteenth day of February, 1865.
FREDERICK SEYMOUR.
Governor.
Eeceipt of Cashier of Government Banker a sufficient discharge.
Short Title.
I  ZBZR/ITISIEC   COIILTJlv^r.IBI-A.
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T555
of Britis
Russia, the
No. 5.  An Ordinance to encourage the construction
of a line of Telegraph, connecting the Telegraphs
Columbia with the Telegraph lines  of
United States and other Countries, and
purposes.
[21st February, 1865.]
WHEREAS, Perry Macdonough Collins, a citizen of the United Preamble.
States of ICorth America, has obtained from the Governments
of Russia, and the United States, the right to make and maintain a line of Electric Telegraph through their respective territories,
And, whereas, Her Majesty's Government desires cordially
to co-operate with the United States and Russia, in the establishment and maintenance of such continuous line of International Telegraph;
Be it therefore 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 date of this Ordinance, it shall, be lawful Grants power to make Teie-
for the said Perry Maedonough Collins, his associates and assigns, sraPn-
to survey and, the consent of the Government of British Columbia
having been first obtained to the general direction so chosen therefor,
construct and maintain a line or lines of telegraph, from any point or
points on the line of the said proposed International Telegraph
in Russian America, to any point or points on the said
line in the United States, over or across any unappropriated and Over unappropriated Crown
unoccupied Crown or tidal lands in the said Colony of British Lands.
Columbia and its Dependencies, and along or across any public Public streets or highways,
street or highway therein (not obstructing such street or highway),
and to lay down a telegraph cable or cables along the said proposed
line, through or across any stream, creek, river, strait, bay, gulf,
water, or water course, within the said Colony of British Columbia
and its Dependencies (but so as not thereby to impede navigation
or other public rights), and, with the consent aforesaid, to have
and to hold all such other rights of way, in connection with the said
telegraph line, over the lands aforesaid as are necessary for its construction and maintenance.
II. There is hereby granted to the said Perry Maedonough Collins, his associates and assigns, the power to make and erect all stations, block-houses, and defensive posts which may, in the opinion
of the said Government, be necepsary for the proper use or defence
of the said International Telegraph line' against Native tribes within
the said Colony or its Dependencies.
Provided that it shall be lawful for the Government of British
Columbia in case of any emergency arising, sufficient in the opinion
of the said Government to warrant such action, to take possession
of and freely use any such block-houses or defensive posts.
Waters.
Power to erect stations and
defensive posts.
ih
When    Government   may
take possession thereof. Grants   use
priated C
.   of   unappro-
rown Lands.
And of any wood, lime,
stone, sand ic.
No ricrht of soil conveyed.
Savins of Grown Bights.
TTT. And it shall be further lawful for the said Perry Maedonough
Collins, his associates and assigns, for the purpose of establishing
and maintaining such line, and without compensation, to use so much
of the unappropriated Crown lands in the Colony, not reserved for
Indians, as may be necessary for such Stations, so long
only as the same may be used for the said purpose ; with
full power to the said "Perry Maedonough Collins, his associates
and assigns, without compensation, to take from such part or parts
of the said unappropriated Crown lands in the neighbourhood of
the line, as the said Government shall, from time to time indicate
in that behalf, any wood, timber, stone, sand, and lime, for the purpose of making any buildings or works necessary, in or for the construction, maintenance, repair, or due working of such telegraph, or
the stations or defensive posts thereof.
IY. Provided that this grant shall convey a right of use of the said
land for the purpose aforesaid, and not a right to the soil, which
shall remain vested in the Crown.
Provided, also, that nothing herein contained shall be construed
to affect, limit, or abridge the jurisdiction or prerogative rights of
the Queen, Her heirs or successors, over the said lands, or Her or
their right of using, selling, or otherwise disposing thereof, as far
as the same may be done without interfering with the construction
Power to construct Telegraph over private lands.
or working of the said line.
The said Perry Maedonough Collins, his ass
Term of Grant to be from
passage of this Ordinance
to A. D. 1903.
Conditions.
To commence by 1st January, 1867.
To complete by 1st day of
January, 1870.
V. "±ne said jrerry Macaonougn uojul: is, i sociates an
signs, are hereby also authorized to place, construct, and maintain
a line or lines of telegragh in the direction so to be settled as aforesaid of the said proposed International Telegraph, over any private
lands in the said Colony or its Dependencies, upon the payment
of a reasonable compensation therefor, and may, with the sanction
in writing of the Chief Commissioner of Lands and Surveyor
General, purchase or lease, fence in and occupy any cultivable land
or other property in British Columbia, necessary or convenient for
stations, or for the maintenance, repair, or working of the International Telegraphic line herein provided for, or for effectually carrying
on the telegraphic business in connection therewith, but not further or otherwise.
VI. This Ordinance is passed, and the rights and privileges herein mentioned are, subject as herein mentioned, granted to the said
Perry Maedonough Collins, his associates and assigns, for the term
commencing from the date hereof until the expiration of thirty-
three years from the first day of January, A. D. one thousand eight
hundred and seventy. Nevertheless, upon and subject to all and
singular the express conditions following, that is to say:—
(a) That the said Perry Maedonough Collins, his associates and assigns, shall, on or before the first day of January,
A. D. one thousand eight hundred and sixty-seven, effectually
commence the operations necessary for the construction and maintenance of the works of the said International Telegraph line, in
the manner herein provided for;
(b) And shall, on or before the first day of January, A.D. one thousand eight hundred and seventy, complete, or cause to be thoroughly completed, and put into continuous operation, a continuous
line or lines of telegraph, the direction of which shall be settled by
the said Perry Maedonough Collins, his associates or assigns, subject
to the written approval of the Chief Commissioner of Lands and
Surveyor General, from the City of New Westminster, in the said
Colony, so as to connect directly with (lie existing telegraph systems of the United
States on the South, and the telegraph system of liussia on the North, along
the line of the Pacific Coast, so as to place and maintain the said City of New
Westminster and the British Columbia system of telegraphs in complete and
continuous telegraphic communication with the whole telegraphic systems of
the United States and Russia, and all other countries whose telegraphic syatcms are or may he" hereafter brought into connection with any of those countries or
places, respectively.
(c) And upon this further condition, also, that he and they shall and will
at his and their own expense, and within the time, and with the concurrence,
and in the manner, and subject to the conditions aforesaid, place, construct,
erect, and hereafter maintain all stations, block-houses, and defensive posts,
and other works requisite for the due maintenance and regular working of the
said proposed line.
(d.) And upon this further condition, that the said Perry Maedonough Collins, his associates or assigns, after the said completion and,
setting in operation of the said line, shall not fail (unless prevented
by repairs, storms, breakages of cables or other unavoidable accident)
for any continuous period of one calendar month during the said
term, to keep the said through International Telegraph line in working order, and open for public use, between IsTew Westminster and
the said "United States, to the eastern coasts thereof and Russia, and
\ the other lines in connection with the said International line.
(e ) And upon this further condition that all despatches and messages that shall be sent by or on behalf of Her Majesty's Government,
and the Government of British Columbia, shall have precedence
over all other despatches whatsoever along the said proposed International line within the said Colony and its Dependencies.
(/.) And upon this further special and express condition, that the
general arrangements of the said telegraph throughout the said International line from end to end, and in whichever hemisphere, and
of all such other lines as may be or come in connection therewith,
shall be such as to place English, Russian, and United States messages upon an equal footing, in regard to the use of the said International Telegraph.
VH. On failure of the said Perry Maedonough Collins, his associates or assigns, effectually to commence and complete the portion
of the said International line contained within the said Colony and
its dependencies, within the respective times, and in manner nerein
mentioned, and to fulfil and keep all and singular the conditions in this
Ordinance specified, the powers, rights and privileges hereby granted
shall cease and determine, and this Ordinance become absolutely
void.
VIII. Upon the completion of the said International Telegraph
line, hereinbefore more particularly mentioned and described, within the time and manner, and subject to the several conditions in
this Ordinance specified, there is hereby granted to the said Perry
Maedonough Collins, his associates and assigns, the right of sending
and receiving messages by telegraph, and making a reasonable
charge for the same, subject as herein mentioned, between anyplace
within the said Colony,and to and from Russia, and the United States,
or any other Countries or place beyond the limits thereof respectively,
for the period of thirty-three years, from and after the said first day
of January, A. D. one thousand eight hundred and seventy.
IX. This Ordinance" shall not be construed to prevent, or in any
manner interfere with any other line or lines of telegraph whatever,
nor to limit the right of any person, corporation or company fully to
establish and work any other telegraph line or lines anywhere within,
to, or from the said Colony, either in or not in connection with the
said International line.
X. The Government of British Columbia shall at all times have the right to
connect the said line or lines by telegraph with any Military or Civil posts of
Her Majesty's Government, and to use the same for Covernment purposes.
XI. Subject to the right of prior use by the Government as aforesaid, the
said line or lines shall be at all times open to the public, and to any Telegraph
Company, upon the payment of the regular charges for transmission of despatches,
and (save as aforesaid) all despatches received, shall be transmitted over the said
line or lines in the order of their reception at any Telegraph Office connected
To construct all necessary
stations, defensive posts,
&c.
To keep up constant Telegraphic communication
save when prevented by
accident.
Government messages to
have precedence in the Colony.
English, Russian and United States messages to be
on an equal footing.
Forfeiture   in  default
performing conditions.
of
Rights  of grantees  as to
sending messages.
Charges.
No exclusive rights granted.
Government may connect
Civil and Military Posts
with the Telegraph.
Subject to the priority of
Government, the line to be
open to the public. Limitation
charges.
of    rate    of
The Company to be Registered.
Mai icons injury to   Telegraph a misdemeanour.
Hpw punished.
Telegraph materials admitted duty free.
Special Ports of Entry may
be appointed.
Short title1
with the said line ; and the answers to the said despatches shall he delivered
as may be directed by the senders.
XII. The rate of charges for public or private messages on the line or lines,
shall not exceed the average usual rates in Europe and North America for the
same service, or such rates as shall be ascertained and fixed by a convention
between Great Britain, Russia, and the United States.
xiii. The Company to be formed by the said Perry Maedonough
Collins, his associates or assigns, to carry on the undertaking hereby
authorized, shall be duly registered and incorporated as a Joint Stock
Company, under the laws of the Colony in that behalf, upon or before the effective commencement of the said telegraph works.
X IV. If any person shall wifully or maliciously, cut, break or
throw down, any telegraph pole, or any tree or other material used
in any telegraph line or lines herein authorized to be constructed,
or shall wilfully or maliciously break, displace or injure, any insulator
in use in any such telegraph line, or shall wilfully or maliciously
cut, break or remove from its insulators, any wire used as a telegraph
line, or shall wilfully or maliciously cut, break, molest or injure, any
submarine telegraph cable used or intended to be used in any such
telegraph line, or shall by the attachment of a ground wire, or by
any other contrivance, wilfully destroy the insulation of such telegraph line, or interrupt the transmission of electric current through
the same, or shall in anv other manner wilfully destroy, iniure or
molest anyproperty or materials appertaining to any such telegraph
line, or shall wilfully interfere with the use of any such telegraph
line, or obstruct or postpone the transmission of any message over
the same, or procure or advise any such injury, interference or obstruction, the person so offending shall be deemed guilty of a misdemeanor, and be liable upon conviction before any Justice or Justices
of the Peace, for every such offence, to be punished by fine
not to exceed one hundred pounds, or imprisonment not to exceed
six months, or by both such fine-and imprisonment in the discretion
of the said Justice or Justices, and shall moreover be liable to the
owners of the said telegraph line, for three times the amount of all
loss and damage sustained by reason of such wrongful act.
XV. Subject to the due observance by the said Perry Maedonough Collins his associates or assigns, of the conditions and provisions of this Ordinance, the wire, submarine cables, and materials
necessary and bona fide intended for the construction, maintenance or repair, of the said telegraph line or lines, (of which the
Collector of Customs, or officer deputed by him in that behalf, shall
be final and sole judge) shall be admitted free of duty at any port of
entry in British Columbia, up to the first day of January, A. D.
one thousand eight hundred and seventy.
XVL To facilitate the operations of the saidPerry Maedonough Collins his associates and assigns, in the International work aforesaid, it
shall be lawful for the Government by an order published in the
Government Gazette, to appoint any port or ports, place or places in
the said Colony or its Dependencies, for the entry duty free of the
wire, submarine cables, and materials mentioned in the preceding
clause, and to allot ample and exclusive room there for storing the
same, but with, under, and subject to such precautions and restrictions for the protection of the Revenue, as the said Government may
from time to time deem expedient..
XVIL This Ordinance shall be cited as " The International Telegraph Ordinance 1865,''
Passed the Legislative Council this 26th day of January, A. D. 1865.
Charles Good, Arthur N. Birch,
Clerk Presiding Member.
Assented to, in Her Majesty's name, this twenty-first
FREDERICK
if.
> mar
IYMOUR.
Governor.
y, 186;
/ r
BRITISH   COI/ITIMIIBI^..
I
$■
crossing Bridge
<*&>
No. 6.    An Ordinance for the construction of a Toll
Bridge across Thompson River, at Lytton.
[22nd February, 1865.]
WHEREAS Louis Hautier, Louis Lemeure, L. B. Romano and Robert Preamble.
Smith have applied to the Government of British Columbia for
permission to erect a Bridge at their own expense, across the
Thompson River at Lytton, and at a point in the vicinity of the
present ferryv at the mouth of Thompson River, upon condition of
having secured to them certain tolls upon goods, passengers, vehicles
and animals, to the extent, and in manner hereinafter appearing.
And whereas the said Government hath approved of such application;
And whereas it is expedient to afford all proper facilities lor the
construction of works of communication within the said Colony;
Be it enacted by the Governor of British Columbia, by and with the
advice and consent of the Legislative Council thereof:
I. From and after the due completion by the said Louis Hautier, Creates Toii^ on goods, &c,
Louis Lemeure, L. B. Romano and Robert Smith, their executors,
administrators or assigns, certified as hereinafter mentioned, of a
substantial wooden bridge across the Thompson River, within the
time and manner hereinafter mentioned, it shall be laAvful for the said
Louis Hautier, Louis Lemeure, L. B. Romano and Robert Smith, their
executors, administrators, and assigns, for and during the date of
■ten years from the date of the certificate of completion hereinafter
mentioned, to assess, levy, and collect from all persons whomsoever by
way of toll, the sums following, that is to say :
For every lOOibs avoirdupois of merchandize, stores, productions,
and chattels, other than those hereinafter excepted, which shall
respectively be carried over or across the said Bridge, or over or across
the said Thompson River, within a distance of five miles above and
three hundred yards below the said Bridge, the sum of eight pence
sterling.
And for every horse, ox, cow, or mule, other than those hereinafter
excepted, so as aforesaid crossing or carried, the sum of one shilling per
head.
And for every pig, sheep, calf, goat, other than those hereinafter
excepted, so taken, crossing or carried, the sum of six-pence half-penny
per head.
For every vehicle (save as hereinafter excepted) drawn by four
or more horses, or other animals so taken, crossing, or carried, the sum
of four shillings and two pence.
For every vehicle (save as hereinafter excepted) drawn by two
or less than four horses, so taken, crossing or carried, the sum of two
shillings and one penny.
For every passenger so crossing, or carried, over the said Bridge,
the sum of one shilling.
I
.!•   '• Exemption! from Toll «mmer- II. Provided, nevertheless, that such tolls shall not be demanded
»ted. upon passengers, goods,  chattels, vehicles or animals for the time
being belonging to or employed in the service of the Government, or
on farm utensils, ur farming implements in use upon any farm within
the Colony, or on lumber or manure, or on machinery for steamboat
purposes, or on passengers' personal baggage, not exceeding fifty pounds
weight for each passenger on horseback or in vehicle, or on miners'
ordinary packs or personal baggage of the weight aforesaid, carried
or borne by passengers respectively using, taken or carried along,
or over the said Bridge, or passing (within the said distance of from
three hundred yards below to five miles above) such Bridge across
the said Thompson River, or upon passengers, goods or chattels
transported in boats or canoes up or down the River Fraser, which
said boats or canoes shall, by reason of the current of the said River
Fraser, be brought within the mouth of the River Thompson, and
within the said distance of three hundred yards below the said Bridge.
Toils not  to commence untu    III. Provided also that none of the said tolls shall be demandable
completion of Bridg
Certificate of completion.
Conditions of grant.
unless and until the Commissioner of Lands and Surveyor General of
British Columbia or other officer duly appointed or authorized in that
capacity or behalf, by the Governor, or other officer for the time being
administering the Government of the said Colony, shall have given to
the said Louis Hautier, Louis Lemeure, L. B. Romano and Robert
Smith, their executors, administrators and assigns, a certificate under
his hand that the said Bridge has been, and its approaches, duly and
satisfactorily completed in all respects for public traffic.
IV. Any such certificate shall state that the said Bridge and its
approaches have been duly completed, within the time allowed by this
Charter, fit for wagon traffic, and in accordance with such plans and
specifications as may be approved of by the Chief Commissioner of
Lands and Works, or his Agent, or other officer appointed or authorized as aforesaid in that behalf for the time being, on the part of the
Government, and which plans and specifications snail be lodged with
the aforesaid Chief Commissioner of Lands and Works within two
months of the passing of this Ordinance.
V. Provided, that in case the said Louis Hautier, Louis Lemeure,
L. B. Romano and Robert Smith, their executors, administrators, and
assigns, shall not before the 1st day of January, 1866, make a bona fide
commencement of the work on the said Bridge, and shall not have
completed the said Bridge by the 1st day of June, 1866, then and in
that case all and singular the rights, tolls, privileges and powers hereby
conferred, shall be forfeited and revert to the use of Her Majesty,
her heirs and successors absolutely. Provided also, that the tolls,
privileges and remedies, on the part of the Government, and under
or by virtue of this Act accorded, are conferred upon this express
condition, that on any failure of said Louis Hautier, Louis Lemeure, L.
B. Romano and Robert Smith, their executors, administrators, and
assigns, during said term, (except while prevented by inevitable
accident or repairs,) well and substantially to maintain and keep the
said Bridge and its approaches in perfect order and thorough repair, to
the satisfaction of such Commissioner of Lands and Surveyor General,
or other officer, for the time being appointed as aforesaid, and in
compliance with any requisition from him from time to time in that
behalf. Then upon notice to that effect, and any default of the said
Louis Hautier, Louis Lemeure, L. B. Romano and Robert Smith, their
executors, administrators, and assigns, for one calendar month thereafter, to comply with the requirements of such notice, (of which default
such Commissioner of Lands and Surveyor General, or other officer as
aforesaid, shall be sole judge, any rule of law or equity to tho
contrary notwithstanding,) then all and singular such tolls, privileges,
powers, &c, so acquired as , aforesaid, and the said Bridge and all
improvements thereto, shall ipso facto be forfeited, and revert to the use
of Her Majesty, her heirs and successors absolutely, and such moneys,
less the cost of collection, shall be deemed and accounted for as part of
the Public Revenue, and the powers, remedies, and privileges herein
contained, shall thereupon be exercised by and on behalf of Her
Majesty, her heirs and successors. VI. None of the said Tolls shall be demandable whenever, during Toils to cease while out of ropair.
the said term, the said Bridge and its approaches as aforesaid, or any
part thereof respectively, whether from accident or otherwise, shall, in
the opinion of such Commissioner, or other officer, expressed in a
notice, be in a condition unfit or dangerous for public traffic.
VII. It   shall  be   lawful  for  SUCh  Commissioner,   Or Other Officer, as Necessary   improvements   may
aforesaid, at any time or times during the said term, whenever the be ordered,
state of the traffic passing .at or near the point where the said Bridge
shall be constructed, shall require it, to order such improvements to be
made in such Bridge or approaches,'at the expense of the said Louis
Hautier, Louis Lemeure, L. B. Romano and Robert Smith, their
executors, administrators and assigns, as shall be necessary for the
accommodation of such traffic.
VIII. It shall be lawful for the said Commissioner, or other officer Regulation of traffic,
as aforesaid, by notice from time to time, to make such regulations for
the safetv of the traffic across the said Bridge, or the said Bridge and
its approaches, as he shall deem expedient.
IX. Nothing herein contained shall be construed so as to limit or Saving of Crown rights andother
abridge the prerogative rights of Her Majesty, her heirs, or successors,   nshtB-
in respect of the said Bridge, or any right of Ferry or Ferriage Tolls
across Thompson River, or (beyond the specific provisions of this Act)
to entitle the said Louis Hautier, Louis Lemeure, L. B. Romano and
Robert Smith, or any other persons whomsoever, to infringe any
existing private rights, or any existing or future public rights.
X. It shall be lawful for the Government at any time within five Rodemption by Government,
years from the date of this Ordinance, to redeem the said Bridge and
Works, and the privileges hereby conferred, at a price to be fixed by
such one Arbitrator as shall be mutually agreed upon by the said
grantees and the Surveyor General, within one calendar month after
publication of any notice to that effect by the Surveyor General in the
Government Gazette, or, in case of dispute, by such Arbitrator as shall be
fixed by the Judge of the Supreme Court, on the ex parte application of
either party, and the decision of such Arbitrator shall be final.
XL Any person, directly or indirectly, evading, or attempting to Evasion of Toil penalty,
evade, the payment of any of the duties or tolls hereby imposed, shall,
for every such offence, be fined treble the amount of toll, or any sum
not exceeding one hundred pounds, and with or without imprisonment
for any term not exceeding three calendar months, at the discretion of
the Magistrate convicting.
XII. Any person wilfully infringing any regulation authorized by Penalties on breaches of Bridge
Clause VIII, shall, for each such offence, be liable to a fine of not   resulations-
exceeding ten pounds, and w'ith or without imprisonment, for any term
not exceeding seven days, at the discretion of the Magistrate convicting.
XIII. Any penalty under this Act may be recovered before any penalties, how recoverable.
Magistrate in British Columbia in a summary way, and any fines levied
hereunder, shall be paid to the use of the person or persons entitled for
the time being to receive the said Tolls.
XIV. Every notice required, or authorized by this Act, to be given, Notice.
shall mean a notice in writing, under the hand of the Commissioner of
Lands and Surveyor General, or other officer appointed or authorized
as aforesaid, and affixed to some conspicuous part of the said Bridge or
approaches, and every such notice shall be good and sufficient notice
for all purposes whatsoever of all matters and things therein contained,
to all persons therein mentioned or referred to.
XV. This Ordinance shall be  cited as "The Lytton Bridge Toll short Title.
Ordinance, 1865."
Passed the Legislative Council this 10th day of February, 1865.
Charles Good, Arthur ~N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this twenty-second day of
February, 1865.
FREDERICK SEYMOUR,
Governor.  BRITISH   OOLTJI^BIA..
^^tM^P1
ii
No. 7.   An Ordinance to amend the "First Telegraph
|||; I Ordinance, 1864."
[22nd February, 1865.]
WHEREAS, it is contrary to the policy of Her Majesty's Government to    Preamble,
grant exclusive telegraphic privileges;
And, whereas such privileges have been granted by the Legislature of this
Colony under the "First Telegraph Ordinance, 1864," to the President of the
California State Telegraph Company, his successors and assigns;
Be it enacted by the Governor of British Columbia, by and with the advice
and consent of the Legislative Council thereof, as follows:
I. So much of clauses 5 and 6 of the "First Telegraph Ordinance, 1864." as Repeals monopoly grant-
renders, or may be construed to render exclusive, any of the telegraphic privileges e<* t0 California   State
by that Ordinance conferred on the said President, his successors and assigns, TelegraPn Company,
shall be and is hereby repealed.
Provided that the powers and privileges by that Ordinance conferred shall not   Saving of other privileges,
in any way be prejudiced or affected save as to such exclusiveness.
II. This Ordinance shall be cited as the "Telegraph Amendment Ordinance,    Short Title.
1865."
Passed the Legislative Council this 30th day of January, A. D. 1865.
Charles Good, Arthur N. Birch,
Clerk Presiding Member.
Assented to, in   Her Majesty's name, this twenty-second day of February,
1865.
FREDERICK SEYMOUR,
Governor.
II  BRITISH   COLUMBIA.
$•
No. 8.   An Ordinance to establish a Decimal system
of Accounts in the Colony of British
WHEREAS, it is expedient to facilitate the monetary transactions of this
Colony,"by the adoption of a Decimal system of Accounts;
Be it therefore enacted by the Governor of British Columbia, by and with
the advice and consent of the Legislative Council thereof, as follows:
I. On and after the first day of January, A. D. one thousand eight hundred and sixty-six, the Public Accounts shall be kept in Dollars and Cents:
and all accounts to be rendered to the Government, or to any Public Office or
Department in the said Colony, by any Officer or Functionary, or by any per-
son^ receiving aid from the Colony, or being otherwise accountable to the
Government thereof, shall be so rendered in Dollars and Cents.
II. The Pound Sterling shall be held to be equivalent to Four Dollars and
Eighty-five Cents, and the aliquot parts of a Pound shall be of a proportionate
value; provided that it shall be lawful, on any emergency, for the Governor, by
an order in Council published in the Government Gazette, from time to time to
vary such relative value.
III. Any Sterling Gold Coin of the weight and fineness prescribed by law for the
Coins of the United Kingdom, shall pass current and be a legal tender for sums
in Dollars and Cents, equal, according to the proportionate value aforesaid, to
their Sterling value.
IY. In payments in silver, the British crown piece shall be a legal tender
for one dollar and twenty-five cents; the British half-crown shall be a legal tender for sixty-two and a half cents; the florin shall be a legal tender for fifty
cents; the shilling shall be a legal tender for twenty-five cents; the sixpence
shall be a legal tender for twelve and a half cents; the three penny piece shall
be a legal terider for six cents.
Y. The Gold Eagle of the United States of America, coined after the
eighteenth day of January, A. D. one thousand eight hundred and thirty-seven,
and of the weight and fineness then prescribed, shall pass current and be a
legal tender in this Colony for Ten Dollars; and Gold Coins of the said United
States, being multiples or halves of the said Eagle, and of like date, weight, and
fineness, shall pass current, and be a legal tender in this Colony for proportionate sums.
VI. The Silver Coins of the United States of America, denominated Half
Dollar, Quarter Dollar, and Dime shall pass current, and be a legal tender in
this Colony for Fifty Cents, Twenty-five Cents, and Ten Cents, respectively.
VII. Provided always, that Silver Coins shall not be a legal tender to the
amount of more than Ten Dollars; and the holder of Notes, or other Documents
purporting to be evidence of debt, of any person or persons, or body corporate,
to the amount of more than Tec Dollars, shall not be bound to receive more
than that amount in Silver Coins in payment of such Notes or other Documents
as aforesaid, if they are presented for payment at one time, although each or
any of such Notes or other Documents be for a less sum than Ten Dolllars.
VIII. Provided that this Ordinauce shall not take effect untilHer Majesty's
approval thereof shall have been proclaimed in this Colony.
IX. This Ordinance shall be cited as "The Decimal Currency Ordinance,
1865."
Passed the Legislative Council this 6th day of February, A. D. 1865.
Charles Good, Arthur N. Birch,
[4th March, 1865.]
Clerk
Presiding; Member.
Assented to, in Her Majesty's name, this fourth day of March, 1865.
FREDERICK SEYMOUR,
Governor.
Preamble.
Public Accounts!to be
kept in Dollars and Cents.
Equivalent   moneys    of
Account.
Sterling Coins.
British Silver Coins
United States Gold Coins.
United    States     Silver
Coins.
Tender of Silver   Coins
limited.
i|
Suspending Clause.
Short Title.
jf  BRITISH   COLUMBIA.
HMn*'~*-r*'<<
§
j%g^j
$.
No. 9. An Ordinance to apply the sum of Two hundred
and twenty five thousand, nine hundred and forty six pounds, twelve shillings
and eight pence, Sterling, out of the General Eevenue of the Colony of British
Columbia and its Dependencies, to the service of the year One thousand eight
hundred and sixty five.
[17th Marah, 1865.]
1UT0ST Gracious Sovereign, we, Your Majesty's most dutiful and loyal subjects, the Legis-
-"-*- lative Council of the Colony of British Columbia, during its present Session, in order
to make good the supply, which we have cheerfully granted to Tour Majesty,
have resolved to grant, unto Your Majesty the sum hereinafter mentioned, and
do therefore most humbly beseech Your Majesty that it may be enacted and be it enacted
by His Excellency the Governor of British Columbia, by and with the advice and consent of
the Legislative Council thereof, as follows:
I. That there may be issued and applied for or towards making good the supply granted to
Her Majesty, for the year One thousand eight hundred and sixty five, the sum of Two hundred
and twenty five thousand, nine hundred and forty six pounds, twelve shillings, and eight
pence, Sterling, out of the General Revenue of the Colony of British Columbia and its Dependencies, for the purposes specified in the Schedule hereto, 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 14th day of March, A.D. 1865.
Charles Good, Arthur JN\ Birch,
Clerk.
Presiding Member.
Assented to, in Her Majesty's name, this seventeenth day of March, 1865.
FREDERICK SEYMOUR,
Governor. SCHEDULE.
ESTABLISHMENTS DETAILED.
CIVIL.
HIS EXCELLENCY THE GOVERNOR.
Salaries.
Fixed Establishment
  £3,000
  350
  100
50
Fixed Establishment.
  800
Governor 	
Private Secretary        ~ -
Messenger 	
Contingencies.
Stationery &c.
COLONIAL SECRETARY.
Salaries.
Colonial Secretary       	
ChiefClerk 	
Clerk 	
Clerk 	
Printing Branch
Superintendent 	
Two Printers £200 each
One Assistant Printer
Messenger 	
Contingencies.
Extra Assistance ift>office
Advertising in public Newspapers
Stationery, Fuel &c •.
Paper for Printing Office
TREASURER.
Salaries.
Treasurer            	
ChiefClerk	
Clerk 	
Clerk 	
Clerk 	
Messenger          	
Contingencies.
Stationery Fuel &c.
ASSAY AND REFINERY OFFICE.
Salaries.
Superintendent of Assay
Assistant Assayer        	
ChiefMelter 	
Assistant in Office       	
Contingencies.
Stationery, Chemicals &c.
AUDITOR GENERAL.
SALARIES-
Auditor General 	
Clerk        	
Contingencies.
Stationery &c. 25
COMMISSIONER OF LANDS AND SURVEYOR GENERAL
Salaries. Fixed Establishment.
Chief Commissioner of Lands & Surveyor Gen. 800
Assistant SurveyoT          500
Clerk of Works     300
Clerk of Correspondence   250
Draughtsman     250
Clerk (Accountant)     125
Messenger     100
Contingencies.' !
Stationery, Maps,"Instruments &c. 250
CUSTOMS.
Salaries. Fixed Establishment.
Collector of Customs       650
ChiefClerk     400
Clerk            300
Messenger     96
Pilot             100
Provisional and Temporary.
Customs Officer North West Coast     300
Fixed Establishment.
         ?50
         400
  300
  250
220
,  120
100
Fixed Establishment.
  500
,.  350
  400
  150
200
Fixed Establishment.
  500
  300
REGISTRAR GENERAL.
Salaries.
Registrar General       	
Contingencies.
Stationery, Office Cleaner, &c.
Temporary Assistance
HARBOUR MASTER.
Salary.
Harbour Master 	
CONTIN GEN CIES.
Stationery &c.
POST OFFICE.
Salaries.
Postmaster General     	
Deputy Postmaster, Williams Creel
Clerk        	
Messenger 	
Contingencies.
Stationery, Fuel, &c.
LEGISLATIVE COUNCIL.
Salary.
Clerk 	
Contingencies.
Stationery, Fuel, Messenger &c.
INSPECTOR STEAM VESSELS.
Salary.
Inspector    	
Contingencies.
Stationery &c.
JUDICIAL.
Fixed Establishment.
  500
Fixed Establishment.
  400
20
Fixed Establishment.
  400
400
  120
100
Fixed Establishment.
  200
250
Fixed Establishment.
  300
20
Salaries.
Judge of Supreme Court-
Puisne Judge
Registrar ....
Out door Department
Revenue Officer
1st Landing vTaiter
2nd Landing Waiter
2 Boatmen
Costi.n gen cies .
Stationery Fuel &c.
Fixed Establishment
  350
  300
  250
  288
Fixed Establishment.'
  1,200
  800
  400
Provisional and Temporary.
Provisional increase to half Salary of Acting
Registrar              40
Contingencies.
Stationery Fuel &c. 100
ATTORNEY GENERAL.
Salaries.
Attorney  General
Clerk 	
Contingencies.
Stationery, Fuel &c.
Fixed Establishment.
  506'
  250
50
POLICE INCLUDING PRISONS AND GAOLS.
Salaries.            Police.                       Fixed Establishment.
Police Magistrate and Chief Inspector    ... 600
              240
High Constable
3 Constables at £144 each
Gaol.
Warden                	
2 Gaolers at £144 each	
Medical Attendant       	
Contingencies.
Stationery &c.
432
60
ASSISTANT GOLD COMMISSIONER AND STIPENDIARY
MAGISTRATE.
CARIBOO EAST.
Salaries. Fixed Establishment.
Assistant Gold Commissioner, &c, 700
Clerk       400
Chief Constable     400
2 Constables at £300 each   600
Allowances.
To Magistrate, owing to the high price of provisions 200
Contingencies.
Stationery. Fuel, 4c. 150 GOLD COMMISSIONER,  STIPENDIARY MAGISTRATE I ASSISTANT  GOLD  COMMISSIONER, STIPENDIARY
AND DEPUTY COLLECTOR OF CUSTOMS. MAGISTRATE & DEPUTY COLLECTOR of CUSTOMS.
KOOTENAY.
Fixed Establishment. ISalaries.
TORT SHEPHERD and OSOYOOS.
800
450
$80
300
240
■salaries.
Gold Commissioner         	
Clerk to the Gold Commissioner 	
Clerk to Collector of Customs ......
Chief Constable, Magistrate's Department
Constable Do. Do.
2 Constables, Customs Department £250 each
Allowan*
To Magistrate, owing to the high price of provisions   200
Contingencies.
Stationery, Fuel, &c. 200
ASSISTANT GOLD COMMISSIONER AND
STIprEND'lARY MAGISTRATE.
Assistant Gold Commissioner
Clerk and Constable   	
Constable           	
2 Constables, Fort Shepherd
Contingencies .
Fixed Establishment.
  500
  300
  240
  480
500    Stationery, Fuel &c.
50
CARIBOO WEST or QUESNEL.
Salauiks. Fixed Establishment.
Assistant Gold Commissioner &c  500
Clerk     350
Chief Constable     300
Constable       250
Allowances.
To Magistrate, owing to the high price of provisions 200
Contingencies.
Stationery, Fuel &c 150
ASSISTANT GOLD COMMISSIONER AND STIPENDIARY
MAGISTRATE.
LYTTON.
Salaries. Fixed Establishment.
j Assistant Gold Commissioner   500
Chief Constable     240
Constable       192
1 Toll Collector     300
1 Check taker     200
Allowances.
To Magistrate, owing to the high price of provisions,     50
Contingencies .
Stationery, Fuel &c 100
ASSISTANT GOLD COMMISSIONER AND STIPENDIARY
MAGISTRATE.'
YALE and HOPE.
Salaries. Fixed Establishment.
Assistant Gold Commissioner   500
Chief Constable     250
2 Constables at £192 each   384
1 Toll Collector  ,   192
1 Constable at Hope        192
Contingencies .
Stationery, Fuel &c. 100
REVENUE SERVICES, Exclusive of Establishments.
Arrest and prosecution of smugglers at New
Westminster and Southern Boundary ...       400
Travelling expenses of officers on duty ...        100
ADMINISTRATION OF JUSTICE, Exclusive of Establishments.
Summoning Jurors and Witnesses    ... ... 50
Prosecution, and Interpreters' Fees, &c. ...       350
Expenses of Judge and Registrar while on circuit       1000
Expenses, attending the holding of Inquests, &c, at
New Westminster
CHARITABLE ALLOWANCES.
In aid of Hospital, New Westminster
Do. Do. Cariboo
Do. Do. Kootenay
In aid of the destitute poor and sick
EDUCATION.
For aid in the establishment and maintenance of
Schools throughout the Colony
30
500
1200
500
50
£1000
POLICE AND GAOLS, Exclusive of Establishments
New Westminster.
Provisions'and other necessaries for Prisoners
Clothing, bedding, and furniture
Working implements for Chain Gang
Witnesses, and Interpreters
Cariboo East.
Keep of prisoners and other police expenditure
at this station
Kootenay. .
Keep of prisoners, &c,at .this station
Cariboo West, or Quesnel.
Keep of prisoners, &c, at this station
Fort Shepherd and.Osoyoos. .
Keep of prisoners, &c, at this station
Lytton.
Keep of prisoners, &c, at this station
Yale and Hope,
Keep of prisoners, &c, at this station
Lillooet.
ASSISTANT GOLD COMMISSIONER AND STIPENDIARY     Keep of prisoners, &c, at this station
MAGISTRATE. Dousia's.
LILLOOET. Keep of prisoners, &c, at this station
Fi^ed Establishment.
  500
Salaries.
Assistant Gold Commissioner 	
Chief Constable   	
1 Constable   	
1 Toll Collector   	
1 Constable and check taker, Clinton	
Allowances.
To Magistrate, owing to the high price of provisions
Contingencies.
Stationery, Fuel, &c.
240
192
300
200
50
RENT.
Of Court House and Gaol, Kootenay
Do., Do.,
Do., Do., . Lillooet
Of Post Office, Williams Creek
1100
200
120
100
500
400
200
150
150
160
150
150
150
Cariboo West or Quesnel    150
150
150
TRANSPORT.
His Excellency The governor.
Expenses of tours in the Interior, &c
100 Colonial Secretry.
Expenses of tours in the Interior, &c.
ASSISTANT GOLD COMMISSIONER AND STIPENDIARY Treasurer.
MAGISTRATE.
DOUGLAS.
Salaries.
Fixed Establishment.
Assistant GoM Commissioner
                          500
                          192
Constable                   	
                          192
1 Toll Collector               	
                          250
Contingencies.
Stationery, Fuel &c.
50
Freight upon remittance of treasure
Assay and Refinery Office.
Transport of Assay materials, &c. to Kootenay
Auditor General.
Travelling Expenses, inspecting accounts
Chief Commissioner of Lands and Surveyor General.
Keep of Government horses ... ... 150
Harbour Master.
Occasional hire of boatmen ... ... 25
1000
250
50
1000
100
1 Sold, Assistant   Gold Commissioners and   Stipendiary
Magistrates.
Travelling Expenses, Magistrates attending Council        350
Actual travelling expenses of officers on duty 800
Keep of horses at the different stations throughout
the Colony .... ... ... 500
Gold Commissioner, &c, Kootenay.
TraveUing expenses of officers on duty ... 500
Inspector Steam Vessels.
Travelling expenses of Inspector testing boilers 100
WORKS AND BUILDINGS.
Government House and Grounds.
Repairs and Improvements thereto 300
Government Buildings.
Repairs to Buildings at the seat of Government 300
Do. Do.        Cariboo 300
Do. Do.       Lytton 100
Do. Do.        Yale 200
Do. Do.        Douglas 100
Sundry repairs to Government Buildings
throughout the Colony    300
New Works.
Building Court House and Gaol, Kootenay    600
Do. Do.        Cariboo West or Quesnel 1,000
Building a Gaol at Osoyoos            100
Building a Court House & Gaol at Lillooet (a re-vote) 1,000
Public Buildings, New Westminster        2,000
Building School House, New Westminster      250
Town Clock, New Westminster   200
Buoying Sand Heads, Fraser River.
Buoying Fraser River, including the purchase of
Buoys and Moorings in England         1,200
Light Ship, Fraser River.
Building a Light Ship for the mouth of Fraser River,
including Stores and Provisions 	
Grant in aid of Naval Survey of Coast 	
Surveying and assisting Settlers to take up Land
Exploring in the Interior   	
4,000
500
1,000
6,000
ROADS, STREETS, AND BRDDGES.
Roads, New.
Making Road, Alexandria to Quesnelmouth     12,000
Road from Cottonwood to Williams Creek     15,000
Making Road from Camerontown to Richfield 1,200
Making Roads and Trails towards Kootenay and
North Bend of Columbia River        30,000
New Trail from 36 mile post, Cut-off to Williams Lake 250
Quesnelmouth to Cottonwood River, last payment
under G. B. Wright's contract due 1st July,
(a re-vote)     3,513 3 0
Completion of Douglas Street Road, New Westminster to Burrard Inlet (a re-vote) ... 1.640 4 0
Telegraph Trail, Semiahmoo Bay to Mud Bay       240 5 7
Repairs.
Repairs to Harrison-Lillooet Road	
Do.       Yale to Clinton Road	
Do.       Lillooet to Alexandria	
Do.       Trail, Harrison Slough to Douglas
3,793 9 5
5,627 5 9
2,000 0 0
200 0 0
Streets, Repairs.
Improvements to New Westminster Streets    ... 2,500
Bridges.
Bridge over Cottonwood River, last payment due
1st July, fa re-vote)       ...   463 18 4
In aid of sum expended by the Hudson Bay Co.,
in placing in repair last year, the Trail from
Fort Shepherd to Kootenay Valley         ...        165 0 0
MISCELLANEOUS SERVICES.
Furniture for Government House             ...... 800
Insurance of do.                       46 10
Aid to Library.,New Westminster                300
Do.           Cariboo                ....vwi'i 300
Do.           Kootenay                        300
Presents to Indian Chiefs                            100
Entertaining Indian Tribes                        300
Loss on sale of Gold Dust received as Revenue
after assay                                   100
Water Frontage Rentals to Municipal Council,
New Westminster                               150
Testimonials to Commanders of Bentinck Arm and
Alexandria Expeditions                      425
Commission on purchase of Drafts for Remittances
to England                           200
INTEREST.
Interest on Loan of 1862       	
Do. 1863        	
Do. 1864        	
Interest on Temporary Loans	
Interest on Roads' Bonds       	
3,000
3,000
6,000
1,500
600
DRAWBACKS AND REFUNDS.
Of Deposit on account of Land sales at Bentinck Arm 400
Of Customs Duties                                 100
Of other Taxes                                          50
IMMIGRATION.
For the purposes of Free and Assisted Immigration 3,000
REDEMPTION OF BONDS.
Cook's Ferry and Clinton Road Bonds due 30th September, 1865. Nos. 86 to 170              4,250
Roads Bonds(Act of 1863,)due 31st December, 1865 2,150
SDNKING FUND.
Iu Redemption of £50.000 Loan of 1862   4,500
Do.                       Do.                 1863   2,000
Do.                 £100,000             1864   2,250
TEMPORARY LOANS.
Repayment of sum due to the Bank of British
Columbia            27,210
HOME GOVERNMENT ACCOUNT.
Due to Her Majesty's Government for the Buildings at the Camp, New Westminster £10,704 16 7 IBIR/ITISIH:   COLUMBIA
ft
-^sp^
«^»
»
No. 10.  An
the
to amend the Dues leviable at
New Westminster.
[18th March, 1865.]
WHEEEAS, it is expedient to alter the rate of Dues at present levi-   Preamble,
able on Sailing Yessels above thirty tons, at the Port of New
Westminster;
Be it enacted by the Governor of British Columbia, by and with the
advice and consent of the Legislative Council thereof, as follows:
I. So much of the Proclamation of the 15th June, 1859, as requires   p0rt dues on Sailing Ves-
the payment of 3d. per ton on Sailing Yessels, is hereby repealed. In lieu   sels reduced to 2d. per
thereof, from and after the passing of this Ordinance, there shall be assessed, levied, and collected at the Port of New "Westminster, in the Colony
of British Columbia, for the use of Her Majesty, Her heirs and successors, as and for Entrance and Clearance Fees, on all Sailing Ships
or Yessels of above thirty tons register, either entering or leaving the
said Port, 2d. per ton register.
II. Such Dues shall be duties of Customs, and collected, managed,   Port dues duties of Cus-
levied, and enforced in the manner by the said Proclamation prescribed-   toms'
III. This Ordinance shall be cited as "The Harbour Dues Amendment   Short Title.
Ordinance, 1865."
Passed the Legislative Council the 14th. day of March, A.D. 1865.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this eighteenth day of March, 1865.
FREDERICK SEYMOUR,
Governor.  BBITISH   COLUMBIA.
i
43$&8iS*l
1-
o. 11.
rdinance for the formatio
s in
n and regula-
The   Governor  may grant
Municipal Institutions.
Powers of Governor.
a.
[22nd March, 1865.]
"TTTHEREAS, the creation of Municipal Institutions would be produc- Preamble.
YY     tive of great local improvements in the several Towns of the Colony, and it is expedient to promote the same;
Be it enacted by the Governor of British Columbia, by and with the
advice and consent of the Legislative Council thereof, as follows:
I. It shall be lawful for the Governor, on the petition of, in his opinion
a sufficient proportion of the residents in any Town or place in the Col
ony, praying for Municipal Institutions, to grant the same by Charter
under the Great Seal of the Colony.
II. In every such Charter the Governor may
! (a) Define the limits of such Borough or Municipality, and
(b) Its subdivision into Wards;
(c) Provide for the Election of Borough Officers, their qualification,
duties, term and change of office;
-    (d) And for Meetings of all kinds;
(e) The qualification of Yoters or Burgesses at the Election of such
Officers;
(/") Confer such corporate powers, with or without limitation, and
with or without the right of suing and being sued in a corporate name,
or the name of an Officer, and with a Common Seal, and with the right
of holding land for strictly Municipal purposes;
(g) Provide for raising, by by-law, a Municipal Revenue, by taxes and rates
leviable on the property within the Borough bounds, and by Municipal
fines and penalties for breach of local regulations. Provided that in such
case the Charter shall fix a definite clear and not excessive limit to any
such taxation, and to any borrowing power thereby conferred, and specify the Municipal objects to which alone the same may be applied;
(A) And for the passage and enforcement of by-laws, for the prevention of
fires, the supply of light and water, the abatement of nuisances, for internal improvements and works of all kinds, for social and sanitary objects, and any other local purposes connected with such Borough.
Provided that every such by-law, passed in accordance with such
Charter, shall not be contrary to law, and may be repealed or varied as
in such Charter may be prescribed; and every such by-law for the time
being in force shall have the force of law, and be enforceable as law in
any Court in the Colony.
III. Every such Charter shall contain a provision reserving power to
the Governor, with the consent of such parties resident in a Borough established under this Ordinance, as shall be prescribed by the Charter
creating the same, from time to time to alter, vary, or accept a surrender of the Charter of any such Borough, and grant a new charter with
similar formalities.
IY And a further provision for the cessation of each such Charter,
whenever a general Municipal law, applicable to the whole Colony, shall
be duly established in lieu thereof.
Y. And such other and further provisions as to the Governor shall
seem meet and just in the premises.
YI. This Ordinance shall be cited as " The Borough Ordinance, 1865."
Passed the Legislative Council this 17th day of March, A. D. 1865.
Charles Good, Arthur N. Birch,
Clerk. I Presiding Member.
Assented to, in Her Majesty's name, this twenty-second day of March, 1865.
FREDERICK SEYMOUR,
Governor.
Charters
tered.
how to be al-
Cessation of Charters.
General provisions.
Short Title.  BE-ITISH   COLUMBIA.
0.
$.
No. 12.   An Ordinance to amend the Excise Laws.
[2-2nd March, 1865.]
T7TTHEREAS, it is expedient to amend the Distillers' Excise Act, 1861; Preamble.
Be it enacted by the Governor of British Columbia, by and with tho
advice and consent of the Legislative Council thereof, as follows:—
I. From and after the passing of this Ordinance, in lieu of the duty of Levying a duty on spirits
two shillings per gallon levied on spirits, by I The Distillers' Excise Act, of 3s- Per ealloa-
1861," there shall be assessed, levied, and collected, from all persons
whomsoever, to the use of Her Majesty, on all spirits in such Act mentioned and thereby made liable to duty, a duty at the rate of three shillings
per gallon of such spirits.
II. It shall be lawful for any distiller to bond any spirits manufactur- Spirits may be bonded in
ed under the said Act in this Colony, and to export the same in bond *he. Col°ny', and e*Ported
j > i in bon J under certain re-
from the Colony, nevertheless with, under, and subject to all such regu- strictions.
lations and restrictions for the protection of the Revenue, as shall from
time to time be prescribed by the Collector of Customs in that behalf.
III. This Ordinance shall be cited as one Ordinance with the said Short Title.
Act, under the short title of I The Distillers' Ordinance, 1865."
Passed the Legislative Council the 20th day of March, A. D. 1865.
Charles Good, Arthur K". Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this twenty-second day of March,
1865.
FREDERICK SEYMOUR,
Governor.  II
11
Wl
W  BBITISH   COIjTJ2>/EBIA..
©.
%.
No. 14.   An Ordinance to amend and consolidate the
Gold Mining Laws.
[28th March, 1865.]
TX7HEREAS it has been found expedient to revise, amend, classify and consoli-
» *     date the Proclamations, Rules and Regulations, and Ordinances respecting
the Mining Laws of this Colony;
Be it enacted by the Governor of British Columbia, by and with the advice
and consent of the Legislative Council thereof, as follows:
1. From and after the passing of this Ordinance, all former Proclamations, and
the Rules and Regulations made thereunder, and all Ordinances passed for regulating the Gold Mining interests of this Colony, are hereby repealed, and in lieu
thereof, the Clauses following shall be substituted:
2. In the construction of this Ordinance, the following expressions shall have
the following interpretations respectively, utiles* 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.
"Gold Commissioner" shall include Chief Gold Commissioner, Assistant Gold
Commissioners and others lawfully acting as Gold Commissioners, either under special authority or the authority of this Ordinance.
The word "Mine" shall mean any locality in which any vein, stratum or
natural bed of auriferous earth or rock shall be mined; and the verb "to mine"
shall include any mode or method whatsoever of working the same, for the purpose of obtaining gold therefrom.
The word "Claim" shall mean the personal right of property or interest in any
mine; and in the term "Mining Property" shall be included every claim, mine,
ditch or water privilege used for mining purposes, and all other matters and things
thereto belonging, or used in the working thereof.
"Bar Diggings" shall mean every mine over which a river extends when in
its flooded state.
"Dry Diggings" shall mean any mine over which a river never extends.
The mines on benches shall be known as "Bench Diggings," and shall
for the purpose of ascertaining the size of claims therein be excepted out of the
class of "Dry Diggings."
"Streams and Ravines" shall include water-courses, whether usually containing
water or not, and all rivers, creeks and gulches.
"Hill Claims" shall include all claims located on the surface of any hill.
"Ditch" shall include a flume or race, or other artificial means for conducting water by its own weight, to be used for mining purposes.
"Ditch Head" shall mean the point in a natural water-course or lake where
water is first taken into a ditch.
"Free Miner" shall mean a person named in, and lawfully possessed of, a
valid existing free miner's certificate, and no other. And words in the singular
number shall include the plural, and the masculine gender shall include the feminine gender.
Interpretation clause.
Her Majesty, tbe Crown.
Governor.
Gold Commissioner,
Mine.
Claim.
Mining property.
Bar Diggings.
Dry Diggings.
Bench Diggings.
Streams and Ravines.
Hill Claims.
Ditch.
Ditch Head.
Free Miner. Record, Ac.
Ordinance divided into 12
parts.
Gold Commissioner to be
appointed by the Governor.
Mining Court in each District.
Jurisdiction of Gold Commissioner.
Judge of law and fact.
Same powers as Judge
of the Supreme Court in en-
forcncr decision.
Prescribed forms unnecessary.
Jurisdiction  beyond   dis"
trict in certain cases.
Mining Surveyor.
Laying over claims.
Protection against dangerous works.
Plots for Traders and gardens.
The words "Record," 'Register," and "Registration "as hereinafter used shall
be synonymous.
3. This Ordinance shall be divided into Twelve Parts:
The First Part relating to The Appointment of Gold Commissioners and
their Jurisdiction;
The Second Part to Free Miners and their Privileges;
The Third Part to the Registration of Claims and Free Miner's General
Rights;
The Fourth Part to the Nature and Size of Claims;
The Fifth Part to Bed-Rock Flumes;
The Sixth Part to the Drainage of Mines;
The Seventh Part to Mining Partnerships and Limited Liability;
The Eighth Part to Administration;
The Ninth Part to Leases; -
The Tenth Part to Ditches;
The Eleventh Part to Mining Boards and their Constitution;
The Twelfth Part to the Penal and Saving Clauses.
PART L
APPOINTMENT OP GOLD COMMISSIONERS AND THEIR JURISDICTION.
4. The Governor may from time to time appoint such persons as he
shall think proper to be Chief Gold Commissioner or Gold Commissioners,
either for the whole Colony, or for any particular districts therein, and from time
to time in like manner fix and vary the limits of, and sub-divide such districts,
and make and revoke all such appointments.
5. Within every such district or districts there shall be a Court to be called.
"The Mining Court" in which the Gold Commissioner of the District shall preside.
6. The power and jurisdiction of a Gold Commissioner shall be as follows:
a. He shall hear and determine without a Jury, all mining disputes arising
within his district, and make such order as to damages, costs or other matter as
he shall think fit; and in proceedings before him, and in enforcing his decision,
he shall have and exercise, save as hereinafter excepted, the same power and authority as are now exercised in the Supreme Court of Civil Justice of British
Columbia. Provided that the Gold Commissioner, if desired by either party, may
in cases of unliquidated damages, summon a jury of five free miners to assess the
amount thereof.
b. No prescribed forms shall be necessary, provided that the substance of the
matter complained of be properly expressed in writing, and embodied in a Summons to be issued from the Court, and served on the opposite party, or as may
be directed, and such Summons may by leave of the Gold Commissioner be
amended if requisite by either.party upon such terms as he shall impose, and the
sum of £2 shall be charged for every Summons so issued.
c. Where disputes arise concerning mining properly, portions whereof are
situated in adjoining and different districts, the Gold Commissioner of either of such
disti'icts before whom the dispute is first brought shall determine it.
d. The Gold Commissioner may, in cases of disputed boundaries or measurements, employ a Surveyor to mark and define the same, and cause the reasonable
expense thereof to be paid by either or both of the parties interested therein.
e. He shall also have the power to Jay over any or all claims within his-district, for such period and under such circumstances as he may triirik proper.
/". He shall have power to order any mining works to be so carried on as to
ensure the safety of the public, or protect the interests of adjaeent claim holders;
and any abandoned works may by his order be either filled up or guarded to his
satisfaction, at the cost of the parties who may have constructed the same, or in
their absence then upon such terms as he shall deem expedient.
g. It shall be lawful for him upon being so requested, to mark out for business purposes or gardens, on or near any mining ground, a plot of land of such
size as he shall deem advisable; subject however to all the existing rights of Free
Miners then lawfully holding such mining ground, and their assignees. And any
building erected,or improvements made thereon for any such purposes, shall in
every such ease be erected and made at the risk of the persons erecting and making
the same; and they shall not be entitled to any compensation for damage done
thereto by such Free Miners so entitled in working their claims bond fide. h. It shall be lawful for him, upon being so requested, to mark out
ior ousi-
ness purposes or gardens, on or near any mining ground not previously pre-empted,
a plot of land of such size as he shall deem advisable, to be held subject to all the
rights of Free Miners to enter upon and use such lands for mining purposes, upon
reasonable notice to. quit being given to the occupier, such notice to be subject to
the approval of the Gold Commissioner; and further upon the payment of due
compensation for any crops thereon, and for the buildings and improvements
erected on such plots;, such compensation to be assessed by the Gold Commissioner previous to entry, with or without a jury of not less than three.
A monthly rent of twenty shillings shall in every such case be payable by the
grantees of such plot, or their assignees, to the Gold Commissioner.
7. The Judge of the Supreme Court of Civil Justice may, with the advice and
consent of the Chief Gold Commissioner or of any two Gold Commissioners, from
time to time make, repeal and alter such rules and regulations for the conduct of
the business before the Gold Commissioner for the times of proceedings, and also
such lists of costs of proceedings as he shall think fit.
8. Where any mining cause, wherein the sum of damages sought to be recovered shall be less than £50, is brought in the first instance before the Supreme
Court of Civil Justice of British Columbia, it shall be lawful for the Court after
issue joined to direct the cause to be tried before any particular Gold Commissioner, upon such terms as the Court shall think fit.
9. All jurors and witnesses summoned under and by virtue of the powers
contained in this Ordinance, shall be entitled, for their attendance, to receive such
compensation as the Court may direct.
10. Where, in civil cases, the subject matter in dispute is in value more than £50,
an appeal shall lie from the judgment of the Gold Commissioner to the Supreme
Court of Civil Justice, provided that notice thereof be given in writing to the
opposite party within four days after the decision complained of and not afterwards, and also security be given, to be approved of by the Gold Commissioner,
for the costs of the appeal, and the amount (if any) payable under the judgment.
And the said Court of Appeal may make such order as it shall think fit, or try
the cause de novo, and such appeal maybe in the form of a case settled and signed
by the parties, their Counsel, or their Attornies.
PART II.
WHO MAY BE FREE MINERS, AND THEIR PRIVILEGES,
11. Every person over but not under sixteen years of age shall be entitled to
hold a claim. Minors who shall become Free Miners shall as regards their mining
property and liabilities contracted in connexion therewith be treated as adults.
12. Every Gold Commissioner, upon payment of the sums hereinafter men-
tioned/shall deliver to any person applying for the same, a Certificate, to be called
a Free Miner's Certificate which may be in the following form:
BRITISH COLUMBIA.
Free Miner's Certificate.
Date, Not transferable. No.
Valid for
Rent for same.
Forms of proceeding costs,
&c.
Causes under £50.
Jurors and witnesses' fees.
Appeal in civil cases over-
£50.
Who may be a free Miner.
Free   Miners    under   age.
to be treated a3 adults.
Miners' Certificate.
This is to certify that A. B. of
day, the sum of
privileges of a Free Miner, for
years.
has paid me this
and is entitled to all the rights and
year from the date hereof.
(Signed)       G. B.
Chief Gold Commissioner, or Assistant Gold *>   as the case
Commissioner. j      may be..
18. Such Free Miner's Certificate shall, at the request of the applicant, be
granted and continue in force for a period of one year or three years from
the date thereof, upon payment by such applicant to the use of Her Majesty of
the sum of One pound for one year, and Three pounds for three years.
Such Certificate shall not be transferable, and only one person shall be named
therein. And every holder of a certificate shall have three clear days after the expiration thereof, and no longer, to renew the same.
14. If any Free Miner's Certificate shall be accidentally destroyed or lost,
the same may, upon evidence thereof, and upon payment by the applicant of ten
shillings, be replaced by a true copy thereof, signed by the Gold Commissioner of
the district wherein the original certificate was issued.   Every such new certifi-
Certificate for one, or three
years.
Three days grace to renew
certificate.
Losx Certificates. Right to enter and mine.
Compensation to prior occupants.
Must be a Free Miner in
certain cases.
Registration of claim.
Re-registration.
Production   of   certificate
prior to registration.
Priority of rights recognized according to priority of
registration.
Transfers must be in writing and registered.
General fee on recording
mining matter.
Fee for search.
Certified copy of any record
to be evidence.
Charge therefor.
Free Miner may hold any
number of claims by purchase, and two by pre-emption, and more than two by
preemption in certain cases.
Miners' interest in mining
property a chattel.
rale shall bo marked ".substituted certificate." And unless some material irregularity be shewn, in respect thereof, every orifrin:i! op substituted Free Miner'*
certificate shall be evidence of all the matters therein contained.
15. Every Free Miner shall, durirg the continuance of his certificate, and no
longer, have the right to enter and mine tipon any of the waste lands of the Crown,
not for the time being occupied by any other person.
16. In the event of such entry being made upon lands already lawfully occupied for other than mining purposes, previously to entry full compensation shall
be made to the occupant for any loss or damages he may sustain by reason of any
such entry; such compensation to be determined by the nearest Stipendiary
Magistrate or Gold Commissioner, with or without a jury of not less than five.
17. No person shall be recognized as having any right or interest in or to any
^mining claim or ditch, or any of the gold therein, unless he shall be, or in case of
disputed ownership unless he shall have been at the time of the dispute arising, a
Free Miner.
PART III.
REGISTRATION" OF CLAIMS AND FREE MINER'S GENERAL RIGHTS.
18. Every Free Miner locating a claim, must record the same at the Office of
the Gold Commissioner of the district within which the same is situated, within
three days after the location thereof, if located within ten miles of the said Office.
One additional day shall be allowed for such record for ever}'additional ten miles
or fraction thereof. Such record shall be made in a book to be kept for the purpose, in which shall be inserted the name of the claim, the name of each locator,
the number of his certificate, the locality of the mine, the date of his recording
the same, and such other matters and things as may be deemed requisite by the
Gold Commissioner.
19 . All claims must be re-registered annually.
20. It shall be lawful for the Gold Commissioner to demand from any miner
applying to record a claim, the production of his certificate, and upon his neglect or refusal to produce the same, to refuse to record such claim or interest
therein.
21. In case of any dispute, the title to claims will be recognized according
to the priority of registration, subject only to any question which may be raised
as to the validity of the record itself.
22. No transfer of any claim, or of any interest therein shall be enforceable,
unless the same, or some memorandum thereof, shall be in writing, signed by
the transferror, or by his lawfully authorized agent and registered with the
Gold Commissioner.
23. For every record made, and leave of absence granted, or any other matter or thing whatever relating to mining for which a special fee shall not
have been provided, the Gold Commissioner shall charge a registration fee of ten
shillings as herein defined.
24. The books of record shall, during reasonable hours, beopen to public ii&-
spectiori; and the sum of one dollar, and no more, shall be charged for every
search made therein.
25. Every copy of, or extract from, any record or register kept under this
Ordinance, and certified to be a true copy or extract under the hand of the Gold
Commissioner, or other person entrusted to take and keep such record or register,
shall, in the absence of the original register, be receivable in any judicial proceeding as evidence of the matters and things therein contained; and the sum of
five shillings shall be charged for each copy of a record so certified.
26. Every free miner shall be allowed to hold at the same time any number
of claims acquired by purchase, but only two claims bv pre-emption in the same
locality, save as hereafter provided, viz: one quartz claim and one other claim, subject however to the laws as to record, occupation, and otherwise for the time
being in force. And every free miner may sell, mortgage or dispose of the same.
He shall also be entitled, in addition to the above, to hold a pre-emption claim
on each (but not on the same) hill, creek, ravine, or bench, provided the same
be not less than ten miles apart.
27. The interest which a free miner has in a claim shall be deemed and taken
to be a chattel interest equivalent to a lease, for such period as the same may
have been recorded, renewable at the end thereof, and suhject'to the conditions. 1
tA to forfeiture, working, representation, registration and otherwise, for the time
being in force, with respect to such claim.
28. Every free miner shall, during the continuance of his certificate, have the
exclusive right of entry upon his own claim for the minerlike working thereof,
and the construction of a residence thereon, and shall be entitled exclusively to
all the proceeds realized therefrom, provided that his claim be duly registered,
and faithfully and not colourably worked; but he shall have no surface rights
therein.
Definition    of  a    miner's
right in a claim.
ded,
', that the Gold Commissioner may, upon application made to
him, allow adjacent claim holders such right of entry thereon as may be absolutely necessary for the working of their claims, and upon such terms as may to
him seem reasonable.
29. In addition to the above rights, every registered free miner shall be entitled to the use of so much of the water naturally flowing through or past his
claim, and not already lawfully appropriated as shall, in the opinion of
the Gold Commissioner, be necessary for the due working thereof.
30. No claim located and recorded in any district, within 14 days before or after
the claims therein shall have been laid over till the ensuing season or other specific
date, shall be
to be so laid over, unless so much work shall have been
bond fide expended thereon by the holder thereof, as shall, in the ooinion of the
Gold Commissioner, fairly entitle him to have such claim laid over.
31. A claim shall be deemed to be abandoned and open to the occupation of
any Free Miner, when the same shall have remained unworked bv the registered
holder thereof for the space of seventy-two hours, unless sickness or other reasonable cause be shewn; Sundays, and such holidays as the Gold Commissioner
may think fit to proclaim, are to be omitted in reckoning the time of non-working.
32. Every full sized claim, as defined in this Ordinance, shall be represented
and bond fide worked by the owner thereof, or by some person on his behalf.
33. The Gold Commissioner shall have the power to regulate the number of
miners who shall be required to work in prospecting a claim, or set of claims,
until gold in paying quantities is found.
34. Every forfeiture of a "laim shall be absolute, any rule of law or equity to
the contrary notwithstanding.
35. Where any undivided mining interest in a Company shall be claimed by any Free
Miner, by reason of any defect in the title or representation thereof, which defect shall
be first established to the satisfaction of the Gold Commissioner, the Company shall be
bound
Either to admit the claimant as a member of the Company to the extent of such defective interest,
Or to stake off, to the separate use of the claimant, any portion of ground in the joint
ground of the Company, equal in extent to such defective interest. In such latter event
the claimant shall not be entitled to any interest whatever in the remaining ground of
the Company, or be considered a member thereof, by reason of such appropriation.
In either case the Company shall pay all costs and expenses incurred by reason of allowing the non-representation aforesaid. The Gold Commissiener may make such order as to costs as he may deem just.
PAIIT IV.
NATURE AND SIZE OF CLAIMS.
36. From and after the date hereof, the size of cliams shall be as follows:
For "Bar Diggings " a strip of land 100 feet wide at high water mark, and thenco
extending into the river to its lowest water level.
37. For " Dry Diggings,*' one hundred feet square.
38. Creek Claims shall be 100 feet long, measured in the direction of the general course
of the stream, and extending in width from base to base of the hill on each side. Where
the bed of the stream or valley is more than 300 feet in width, each claim shall be only
60 feet in length, extending 600 feet in width. Where the valley is not 100 feet wide,
the claims shall be 100 feet square.
39. "Bench Claims" shall be 100 feet square.
40. The Gold Commissioner shall have authority,-in cases where benches are narrow,
to mark the claims in such a manner as he may think fit, so as to include an adequate
claim.
41. Every claim situated on the face of any hill, and fronting on any natural stream
or ravine, shall have a base line, or frontage of 100 feet, drawn parallel to the main
direction thereof. Parallel lines drawn from each end of the base line, at right angles
thereto, and running to the summit of the hill, shall constitute the side lines thereof.
Posts of the legal size shall be planted, 100 feet apart, on both the base line and the
side lines. The whole area included within such boundary lines shall form a Hill
Claim.
Right of entry to adjacent
claim-holders.
One record covors not only
the claim, but a fair share
of the necessary water to
work it.
Claims recorded in close
season when laid over.
Claims when   deemed abandoned.
Full sized claims must be
Worked.
In prospecting leave granted to work with less than
full complement.
Forfeiture absolute.
Undivided interests in a Company
When not represented Company
to elect.
To admit claimant as a member,
or stake off claim for bim.
Company to  pay  costs,   except
otherwise ordered.
Size of claim.
Bur Diggings.
Dry Diggings.
Crook Claims.
Crach££lgg:ng8.
Hill Claims.
n 6
'Tunnelling under bills.
Gold Commissioner may refuse to
record certain 'funnel Claims.
Forfeiture of Claim involves Tunnel, &c.
Quartz- Claims.
Regulations for working.
Dis
)Tcrer'6 Claim.
i
42. In tunnelling under hills, on the frontage of which angles occur, or which may
be of an oblong or elliptical form, no party shall be allowed to tunnel from any of the
said angles, nor from either end of such hills, so as to interfere with parties tunnelling
from the main frontage.
43. The Gold Commissioner shall have power to refuse to record any hill or tunnel
claim on any creek, which claim or any part thereof shall include or come within one
hundred feet of any gulch or tributary of such creek.
44. Tunnels and shafts shall be considered as appurtenant to the claim to which they are
annexed, and be abandoned or forfeited by theabandonment or forfeiture of the claim itself.
45. For the more convenient working of back claims on benches or slopes, the Gold
Commissioner may, upon application made to him, permit the owners thereof to drive
a Tunnel through the claims fronting on any creek, ravine, or watercourse, and impose
such terms and conditions upon all parties as shall seem to him expedient.
46. Quartz Claims shall be 150 feet in length, measured along the lode or vein, with
power to follow the lode or vein and its spurs, dips, and angles, anywhere on or below
the surface included between the two extremities of such length of 150 feet, but not to
advance upon or beneath the surface of the earth more than 100 feet in a lateral direction from the main lode or vein, along which the claim is to be measured.
47. In quartz claims and reefs, each successive claimant shall leave three feet un-
worked, to form a boundary wall between his claim and that of the last previous claim- *
ant, and shall stake off his claim accordingly, not commencing at the boundary peg of
the last previous claim, but three feet further on. If any person shall stake out his
claim contrary to this rule, the Gold Commissioner shall have power to remove the first
boundary peg of such wrong doer three feet further on, notwithstanding that other
claims may then be staked out beyond him; so that such wrong doer shall then have
but one hundred and forty-seven feet. And if such wrong doer shall have commenced
work immediately at the boundary peg of the last previous claim, the Gold Commissioner may remove his boundary peg six feet further on .than the open work of such wrong
doer; and all such open work, and also the next three feet of such space of six feet
shall belong to and form part of the last previous claim, and the residue of such space
of six feet shall be left as a boundary wall. Every such boundary shall be deemed the
joint property of the owners of the two claims between which it stands, and may not
be worked or injured, save by the consent of both owners.
48. If any Free Miner, or party of Free Miners, shall discover a new mine, and such
discovery shall be established to the satisfaction of the Gold Commissioner, the first
discoverer, or party of discoverers if not more than two in number, shall be entitled to a
claim double the established size of claims in the nearest mines of the same description,
(i.e. dry, bar, or quartz diggings.) If such party consist of three men, they shall collectively be entitled to five claims of the established size on such nearest mine; and if
of four or more men, such party shall be entitled to a claim and a half per man, in addition to any other claims legally held by pre-emption or otherwise. A new stratum of
auriferous earth or rock, situated in a locality where the claims are abandoned, shall,
for this purpose, be deemed a new mine, although the same locality shall have been
previously worked at a different level. And dry diggings discovered in the vicinity of
Bar Diggings shall be deemed a new mine, and vice versa. A discoverer's claim shall
for all purposes be reckoned as one ordinary claim.
49. All claims shall be as nearly as possible in rectangular forms, and marked by
four pegs, at least four inches square, standing not less than four feet above the surface,
and firmly fixed in the ground. No boundary peg shall be concealed, moved, or injured
without the previous permission of the Gold Commissioner. Any tree may be used as
a .stake, provided that it be cut down to at least the legal height, and the stump squared as above.
50. In defining the size of claims, the same shall be measured horizontally, irrespective of inequalities on the surface of the ground.
51. The Gold'Commissioner may, where deemed desirable, mark out a space in the
vicinity, for deposits of leavings and deads from any tunnel, claim, or mining ground
whatsoever, upon such term6 and conditions as he may impose.
PART V.
BED-ROCK FLUMES.
52. It shall be lawful for the Gold Commissioner upon the application hereinafter
mentioned, to grant to any Bed-rock Flume Company for any term, not exceeding five
years, exclusive rights of way through and entry upon any mining ground in his district, for the purpose of constructing, laying and maintaining Bed-rock Flumes.
53. Three or more Free Miners may constitute themselves into a Bed-rock Flume
Company, and every application by them for such grant shall be in writing, and shall
state the names of the applicants, and the nature and extent of the privileges sought to
be acquired. Ten clear davs' notice thereof shall be given between the months of June
and November, and between the winter months of November and June one
months' notice shall bo given, by affixing the same to some conspicuous
part of the ground, and a copy thereof upon the walls of the Gold Commissioner's
Main line of Flume to be stoked Office   of  the   district.    Prior   to   such  application,  the  ground included therein
off- shall be marked out by posts of the legal size, placed at intervals of 150 feet along the
proposed main liae or course of the Flume, with a notice affixed thereto, stating the
number of feet of ground claimed on either side of such main line.
Claims bow marked.
Measurement.
Deposit of leavings.
Grant for not more than 5 years.
Three or more constitute a company.
Notice of 10 days.
Protest.
And it shall be competent to any Free Miner to protest before the Gold Commissioner within such times
as aforesaid, bat not afterwards, against such application being granted. Every application for a grant shall be accompanied by a deposit of twenty-five pounds sterling, which
shall be refunded if the application be refused, and if the application shall be entertained then such sum of twenty-five pounds shall be retained and paid into the Colonial
Treasury for the use of Her Majesty, whether the application be afterwards abandoned
or not.
54. Every such grant shall be in writing, signed by the Gold Commissioner.
55. Bed-rock Flume Companies shall upon obtaining such grant, be entitled to the
following rights and privileges, that is to say:
a. The rights of way through and entry upon any new and unworked river, creek,
gulch or ravine, and the exclusive right to locate and work a strip of ground 100 feet
wide and 200 feet long in the bed thereof, to each individual of the Company.
b. The rights of way through and entry upon any river, creek, gulch or ravine
worked by miners for any period longer than two years prior to such entry, and already
wholly or partially abandoned, and the exclusive right to stake out and work both the
unworked and abandoned portions thereof 100 feet in width, and one-quarter mile in
length for each individual of the Company.
c. And no person heretofore or hereafter locating unworked or abandoned ground
within the limits of the said Company's ground, after the notice hereinbefore mentioned
has been given, shall be held to have or to have had any right or title as against
such Company to any ground so taken up by them.
d. The words "Abandoned ground" shall be construed to mean all new and unworked ground, and ground not legally held and represented, within the meaning of
this Ordinance.
e. Such rights of way through, and entry upon any rivers, creeks and ravines discovered within the two years next preceding the date of their application before mentioned, and upon any portions of which Four or more Free Miners are legally holding
and bona fide working claims, as to the Gold Commissioner may seem advisable,
/. The rights of way through and entry upon all claims, which are at the time of
the notice of application hereinbefore mentioned bona fide and not colourably worked
by any Free Miner or Miners for the purpose of cutting a channel and laying their flume
therein, with such reasonable space for constructing, maintaining and repairing the
flume as may be necessary. Provided that the owners of such last mentioned claims
shall be entitled to take and receive the gold found in the cut or channel so made, but
where any advantage equivalent to the cost of making the cut may accrue to the individual claim holder, by reason of such flume being laid through the claim, the Bedrock Flume Company shall be entitled to the actual cost of making such cut to the
bed-rock.
g. The use and enjoyment of so much of the unoccupied and unappropriated water
of the stream on which they may be located, and of other adjacent streams as may be
necessary for the use of their flumes, hydraulic power, and machinery to carry on their
mining operations, and they shall have their right of way for ditches and flumes to
convey the necessary water to their works, they being liable to other parties for any
damage which may arise from running such ditch or flumes through or over their ground.
h.   The right to all the gold in their flumes.
56. The holders of claims through which the line of the proposed flume of such
Company runs, may upon giving at least ten days' notice in writing of such their
intention to the Bed-rock Flume Company, put in a Bed-rock Flume to connect with
that of the Bed-rock Flume Company, but they shall maintain the like grade, and build
their flume as thoroughly, and of as strong m'aterials as are used by such Company.
57. Claim-holders so constructing their own flumes at their own expense, through
their respective claims shall also keep their flume clear of obstructions, and they shall
beentitled to all the gold found therein, but they shall be subject to the same rules
aud regulations, with regard to cleaning up the flume, repairs and other matters in
which both parties are interested, as may be adopted by such Bed-rock Flume Company; and such claim-holders shall have the right at any time before the abandonment of
their claim or claims to become members of the Bed-rock Flume Company, by uniting
their claims and flume with the ground and flume of the Company, and taking an interest proportionate to that which they shall cede to the Company, or should they so
desire they may abandon their claims and flume, and such abandonment shall enure
to the use and benefit of the Bed-rock Flume Company.
58. Every Bed-rock Flume Company shall, for each of the men constituting the
same, construct and lay at least fifty feet of flume during the first year, and one hundred feet annually thereafter.
59. Any Free Miner or Miners lawfully working any claims where a Bed-rock Flume
may be constructed, shall be entitled to tail their sluices, hydraulics and ground
sluices into such flume, but so as not to obstruct the free working of such flume, by
rocks, stones, boulders or otherwise.
60. All Bed-rock Flume Companies shall register their grant when obtained, and a
registration fee of £5 shall be charged therefor; and they shall also pay an annual
rent of £2 10s. for each quarter of a mile of right of way legally held by such Company. No
re-registration of a grant shall be necessary.
61. Bed-rock Flumes, and any interest or interests therein, and all fixtures are hereby declared to be personal property, and may be sold, mortgaged, transferred, or
otherwise dealt with as such.
Fee of £20 payable.
Grant to be in writing.
Bights of way and privileges.
Upon new Creeks.
Upon Creeks worked for 2 years
and over
Upon Creeks   discovered within
two years.
Bights of way  through  claim*
legally held and worked.
Bight to nee of unappropriated
water
Gold in the Flume.
Claim-holders upon giving one
month's notice may construct
their own Flume.
Where so constructed and abandoned.
Number of feet to be completed
within certain time a.
Free Miners entitled to use Flume
for tailings.
Registration of grant;
Bed-rock Flumes chattels'. PART VI.
Gold Commissioner may grant
rights of way through Mining
ground for Drains.
Application to be in Writing.
Ten clear days notice to be given.
Dopositof £25.
Grants to be In writing.
Covenants.
Tap Drains.
Damages.
Registration.
Co-partnership rules if no articles
are drawn up.
Partnership to continue for one
year.
Co-partnership   business   to  be
mining.
Majority of the partners govern.
Foreman-.
Assessments payable within 10
days.
In default of payment claim to be
ruld.
DRAINAGE OF MINES.
62. It shall be lawful for the Gold Commissioner to grant, to any Free Miner, Company of Free Miners or Joint Stock Companies, for any term not exceeding ten years,
exclusive rights of way through and entry upon any mining ground in his district, for
the purpose of constructing a Drain or Drains for the drainage thereof.
63. Every application for such grant shall be in writing, and shall state the names of the
applicants, the nature and extent of the proposed Drain or Drains, the amount of toll
(if any) to be charged, and ihe privileges sought to be acquired.
64. Upon such application a notice similar to that required upon application for the
right of way for Bed-rock Flumes shall be given.
65. Every application for su;h grant shall be accompanied by a deposit of twenty-five
pounds sterling, which shall be refunded in case the application shall be refused
by the Government, and if the application shall be entertained then such sum of twenty-five pounds shall be retained, and paid into the Treasury of the Colony, to the use
of Her Majesty, whether the application be afterwards abandoned or not.
66. Such grants shall be made upon such conditions as the Gold Commissioner
shall deem reasonable and shall be embodied in writing.
67. The rights of way and entry above mentioned, the power to assess, levy and collect
tolls (not exceeding in amount that mentioned in the application)from all Free Miners
using such Drain or benefitted thereby shall be given to the grantees. The grantees
shall also covenant therein as follows:
a. That they will construct such Drain or drains of sufficient size to meet all^require-
ments, within a time (if any) therein named.
b. And have and keep the same in thorough working order and^repair, andjfree from
all obstructions, and in default thereof that the Gold Commissioner for the time being
may order all necessary alterations or repairs to be made by any Free Miners, other than the
grantees, at the cost and expense of the latter, such cost and expense to be levied by
sale (subject however to the conditions of the grant) of all or any part of the Drainage
works, materials and tolls.
c. That they will within a reasonable time construct proper Tap Drains, from«or into
any adjacent claims, upon being required so to do, by the owners thereof, and in default thereof suffer such parties to make there themselves, in which case such parties
shall only be chargeable with one half the usual rates of drainage toll, or such other
proportion of toll as the Gold Commissioner shall in that behalf prescribe.
d. That they will not in the construction and maintenance of such Drains and Tap Drains
in any way injure or damage the property of adjacent claim'holders,"and in the event
thereof that they will make good any damage so sustained.
68. In the construction of Drains to be used as Tap Drains only, three days' notice given
as above shall only be necessary.
69. The Gold Commissioner alone, or if desired by either party, with the assistance of a
Jury of five Free Miners, which he is hereby authorized to summon for that purpose,
may ascertain whether any and what compensation shall be paid for any_.damage
which may be caused by any such entry or construction as aforesaid.
70. Such grant shall be duly registered as hereinbefore provided, and the sum of £1.
shall be charged therefor, save when such grant gives the grantees the power and right of
collecting tolls, in which case the sum of £5. shall instead of £1. be paid as a'registra-
tion fee. No re-registration of any such grant shall be necessary. An annual rent of
£5 for each quarter mile, and fraction thereof, shall be paid by Drain Companies collecting
tolls to the Gold Commissioner; such rent to commence from the date of their grant.
PART VII.
MINING PARTNERSHIPS.
71. All mining companies shall be governed by the provisions hereof, unless they shall
have other and written articles of co-partnership properly signed, attested and recorded.
72. No mining co-partnership shall continue for a longer time than one year, unless
otherwise specified in writing by the parties, but such co-partnership may be renewed
at the expiration of each year.
73. The business of the co-partners herein referred to, shall be mining, and such
other matters as pertain solely thereto.
74. A majority of the co-partners, or their legally authorized agents, may decide
the manner of working the claims of the co-partners, the number of men to be employed, and the extent and manner of levying assessments to defray the expenses incurred
by the company. Such majority may also choose a foreman or local manager, who
shall represent the company, and sue and be sued in the name of the company for
assessments and otherwise, and he shall have power with the consent of a majority of
the company to bind them by his contracts ; and the partnership or company name
must be inserted in the record of the company's claims.
75. During the time of working, all assessments when levied, shall be payable within
ten clear days thereafter.
76. In default of payment within such time, the debtor, after having received any notice specifying the amount due by him, shall upon such amount being ascertained by
the Gold Commissioner to be correct, be personally liable to the company therefor; Notice of abandonment to be
given
Requirement*.
Not less*;than; \i of full interest
may be held.
Accounts of companies, how to he
kept.
and his interest in the company, if so ordered, shall be sold, by the Sheriff in the usual
way, for the payment of the debt and costs, and should the amount realized be insufficient to meet the same, the Gold Commissioner shall have the power to issue an order, directed to the Sheriff, to sell such other personal property (if any) belonging to
the debtor, as may be sufficient therefor.
77. Notices of sale of such debtor's mining or other property, or such part thereof Notices of sale, and mode of sale,
as shall suffice to pay the debt and costs, shall be conspicuously posted up ten clear
days prior to the day of sale, in the vicinity of such mining or other property, and at
the Conrt House nearest thereto. Such sale shall be by public auction, and the bidder
offering to pay the amount due for the smallest portion of the mining or other property, shall be entitled to such portion. The purchaser on payment of the purchase
money, shall acquire therein ad the right and title of the debtor, and shall be entitled
to the immediate possession thereof. A bill of sale iof the mining property so sold,
signed by the Gold Commissioner and duly recorded, shall confer a good legal title
thereto upon the purchase.
78. After a notice of abandonment in writing shall have been served on the foreman
of the company, by any member thereof, such abandonment shall be considered absolute, and operate as a discharge against all debts contracted by the company after such
notice has been given, and no such member shall be deemed to have abandoned such
interest without having served such notice as aforesaid.
LIMITED  LIABILITY.
79. Any mining company, composed of two or more Free Miners, may limit the
liabilities of its members, upon complying with the requirements following, that
is to say:—
Upon filing with the Gold Commissioner of the District a declaratory statement
containing the name of the company, the area of the ground claimed, the location
of the claim, and the particular interest of each member of the company; and also
placing upon a conspicuous part of the claim, in large letters, the name of the company, followed by the word "Registered." After such conditions have been complied with, no member of such company shall be liable for any indebtedness accruing thereafter exceeding an amount proportioned to his interest in the company.
80. No person shall locate, purchase, hold, or enjoy less than one-fourth of
one full interest of one hundred feet in any company so constituted.
81. All mining companies so constituted shall keep a correct account of its
assets and liabilities, together with the names of the share-holders and the interest held by each, and shall make out a monthly balance sheet, showing the
names of the creditors and the amounts due to each, and file the same among
the papers of the company, and such balance sheet and all books of the company shall be open to the inspection of creditors of the company at all reasonable
hours.
82. No member of such company shall, after a bill of sale conveying his interest, or some portion thereof, has been duly recorded, or after notices of abandonment in writing of his interest shall have been left with the foreman of the
company and the Gold Commissioner, be liable for any indebtedness of the company accruing thereafter.
83. No such company shall declare any dividend until all liabilities due shall
have been paid.
84. No such company shall be liable for any indebtedness contracted by any
member thereof, other than its foreman or agent duly authorized.
85. If any such company fail to comply with any of the foregoing provisions,
such company shall be liable to a fine of not less than five pounds nor more than
twenty-five pounds.
86. The Gold Commissioner in each Mining District shall keep a book exclusively for the purpose in which he shall record all declaratory statements filed in
his office, and another book in which he shall record all notices of abandonment.
87. There shall be paid to the Gold Commissioner, for the use of Her Majesty,
upon the filing of each declaratory statement, the sum of ten shillings; and upon
the filing of each notice of abandonment the sum of four shillings, and no more.
88. All other matters not herein provided for, shall, as far as is practicable,
be governed by the provisions of the "Mining Joint Stock Companies Act,
1864;" but nothing in the nine preceding sections contained shall be construed so as to repeal or vary any of the prior or subsequent sections of this Ordinance.
89. In the case of any Mining Joint Stock Company duly registered in this
Colony, under the provisions of the " Mining Joint Stock Companies] Act; i§64,"
and not under this Ordinance, every shareholder of such company-^- ~"gh not a
free miner, shall be entitled to buy, sell, hold, or dispose of any mining shares
therein, anything to the contrary notwithstanding herein contained.
Cessation of individual liability.
When dividend may be declared.
Foreman only liable for debts.
Penalty    for       non-compliance
herein.
Declaratory     statements,    how
filed.
Fee for filing.
When in force.
When persons not free miner's
may hold interests in companies. 10
PART vin.
ADMINISTRATION.
Deceaced Miners' interest.
90. Incase of the death of any Free Miner, while registered as the holder of any
Mining property, his claim shall not be open to the occupation of any other person for
non-working or non-representation, either after his decease, or during the  illness
which shall have terminated in his decease.
Power of Gold Commissioner. 91. The Gold Commissioner shall in all such cases take possession of the Mining pro
perly of the deceased, and may cause such Mining property to be duly represented or
dispense with the same at his option, and he shall sell and dispose of the same by private sale, or upon giving ten day's notice thereof by public auction, upon such terms
as he shall deem just, and out of the proceeds pay all costs and charges incurred
therein.
Administrator without letters of     92. The Gold Commissioner shall take into his custody and safe keeping, or order
administration in mining assets some person so to do, all the property of deceased miners until proper letters of admin-
valuedatf200andundermaysell. istrati^Q be obtained; M;yd *
PART IX.
LEASES.
93. All grants under this Ordinance for any mining ground, ditch privileges or
AH grants to be in writing.      otherwise, shall be in writing, in the form of a lease to be signed by the Gold Commissioner, and by the grantees or lessees.
94. Save where the contrary is expressed in this Ordinance, the following clauses shall
Except otherwise  expressed in apply:
Applications^for leases, accompanied by a plan of the proposed undertaking, are to
this Ordinanc
Applications must bein duplicate
notices posted up
Deposit of £25.
Leases for 10 years.
Dry Diggings.
Bar tilings unworked.
Bar Diggings worked and oban.
doned.
Quartz Beefs unworked.
Quartz Beefs abandoned.
be «eut in duplicate to the Gold Commissioner of the district, wherein the ground desired to be taken is situated, who shall immediately forward it. with his report, to the
Governor for his sanction, excepting in cases where the lease does not exceed 5 years,
but the ground shall be secured to the applicant until the Governor's decision has
been received. Prior to such application the ground applied for, shall be marked out
Ground must be ^marked out and by posts of the legal size, and a written notice of application, signed by the applicant
shall be affixed to any post nearest to mining claims then being worked.   A copy of
such notice shall also be put up at the Gold Commissioner's Office.
95. Every application for a lease shall be accompanied by a deposit of twenty-five
pounds sterling, which shall be refunded if the application be refused; and if it be
entertained, such sum of twenty-five pounds shall be retained and paid into the Treasury of the Colony, for the use of Her Majesty, whether the application be afterwards
abandoned or not.
96. Leases will not in general be granted for a longer term than ten years, or for a
quantity of ground greater than that herein prescribed, that is to say:
In Dry Diggings, ten acres.
In Bar Diggings,-unworked, half a mile in length along the high water mark.
In Bar Diggings, worked and abandoned, one mile and a half in length along the
high water mark.
In Quartz Reefs, unworked, half a mile in length.
In Quartz Reefs, worked and abandoned, one mile and a half in length.
With liberty in the two last cases to follow the spurs, dips and angles on and within
the surface, for two hundred feel on each side of the main lead or seam.
97. Leases as above will not in general be granted of any land, alluvium or quartz,
which shall be considered to be immediately available for being worked by Free Miners
as holders of individual claims. Nor will such a lease be granted in any case where
individual Free Miners are in previous actual occupation of any part of the premises
unless by their consent.
98. Every such lease shall without expressing the came, be understood to contain »
a reservation of all rights of the Crown, and all reasonable provisions for securing to
the public, rights of way and water, save in so far as shall be necessary for the minerlike working of the premises thereby demised. The premises demi&ed shall be granted
for mining purposes only, and it shall not be competent for the lessee to assign or sublet the same or any part thereof, without the previous license in writing of the Gold
Commissioner. Every such lease shall contain a covenant by the lessee to mine the
said premises in a minerlike way, and also, if it shall be thought fit, to perform the
works therein defined within a time therein limited. And it shall also contain a clause
by virtue whereof the said lease may be avoided, provided, that the lessee shall refuse
or neglect to observe and perform all or any of the covenants therein contained.
PART X.
DITCHES.
99. It shall be lawful .for the Gold Commissioner upon the application hereinafter
mentioned, to grant to any person for any term, not exceeding five years, the
right to divert and use the water from any creek, stream or lake at any particular part
thereof, and the rights of way through and entry upon any mining ground in
his district, for the purpose of constructing ditches and flumes to convey such water.
100. Ten days' notice thereof shall be given, by affixing the same-to some conspicuous
part of the ground, and a copy thereof upoD the walls of the Gold Commissioner's
Office of the district, and it shall be competent to any Free Miner to protest before the
Gold Commissioner within such ten days, but not afterwards, against such application
being wholly or partially granted.
Beservation of rights oftheJCrown
understood, also public ways&c.
Grant to mine only.
Covenants by lessee.
"Gold Commissioner may  grant
■ditch privileges for 10 years.
-JKotipje to be given. 11
DcpOjul of £2» to be  p**d.
'Application to be in writing,
Damages when to bo paid.
Waste of watex.not permitted.
101. Every application for a grant of water exceeding 300 inches shall be accompanied
by a deposit of twenty-five pounds sterling, which shall be refunded in case the application shall be refused by the Government, and if the application be entertained, then
such sum of twenty-five nounds shall be retained and-paid into the Colonial Treasury,
for the use of Her Majesty, whether the application be afterwards abandoned or not.
102. Every application for such rights shall be in writing, and shall state
the names of the applicants, the name of the stream or lake to be diverted, the point of
diversion or ditch head, the quantity of water to be taken, the locality for its distribution, and the price (if any) to be charged to Free Miners or others, for the use of such
water, and the time necessary for the completion of the ditch.
103   -The Gold Commissioner, upon protest being entered or for reasonable cause, Gold Commissioner may refuse or
shall have power to refuse or modify such application or grant. modify grant.
104. Every grant of a ditch  or water privilege   in   occupied   creeks, shall  be Grants to be subject to free mi.
Bubjectto the rights of such registered free1 miners as shall at ths time of such grant ners'rigbta.
beworking on the stream above or below the ditch head, and if any other person or
■ persons whatsoever who are then in any way'lawfully using such water for any purpose
whatsoever.
105. If after the grant aforesaid has'beenmade, any Free Miner locate and bona fide
work any mining claim below the ditch head on any stream so diverted, he shall
upon paying to the owner of the ditch, and all other persons, compensation equal to
the amount of damage sustained, be etititled to such quantity of water to work his
•claim as he may require. And in computing such damages, the expenseof the construction of the ditch, the loss or damage sustained by any claim or claims then using and
depending upon the water conveyed in the said ditch, and all other losses reasonably
-sustained shall be considered.
106. No person shall be entitled to any grant of the water of any stream mined Grants not to bo made in ".certain
for the   purpose   of  selling   the    water    to  present   or   future   claimholders    on cases.
any part of* such stream. The Gold Commissioner may, however, in his
discretion grant such privileges as he may deem just, when such ditch is intended to
•work bench or hill claims fronting on any such stream. Provided, that the rights of
free miners then using the water so applied for, be in all such cases protected.
107. The Gold Commissioner shall have power, whenever he may deem it advisable, Gold Commissioner may regulate
to order the enlargement or alteration of any ditch or ditches, and to fix what (if any) B1Z6'   °"' ° Dl    es"
compensation shall be paid by the parties to be benefited by such   alteration or
enlargement.
108. Every owner of a ditch or water privilege shall be bound to take all reasonable
'means for utilizing the water granted to and taken by him.    And if any such owner
shall wilfully take and waste any unreasonable quantity of water, he shall be charged
with the full rent as if he had sold the same at a full price. And it shall be lawful for
'the Gold Commissioner, if such offence be persisted in, to declare all rights to the
water forfeited.
109. It shall be lawful for the owner of any ditch or water privilege to distribute Water how tojw distributed by
for use the water conveyed by him to such persons, and on such terms, as he may
deem advisable, within the limits mentioned in their application. Provided, always,
that the owner of any ditch or water privilege shall be bound to supply water to all
applicants being free miners, in a fair proportion, and shall not demand more from one
person than another, except where the difficulty of supply is enhanced.
110. Unless otherwise specially arranged, an annual rent of £1 shall be paid for every 50 inches of water used for mining purposes when not sold, and when sold the rent
to be paid for any water privilege shall be in each month one average day's receipts,
from the sale thereof, to be estimated by the Gold Commissioner with the assistance,
if he shall so think fit of a Jury.
111. Any person desiring to bridge across any stream, or claim, or other place for
any purpose, or to mine under or through any ditch or flume, or to carry water through
or over any land already occupied by any other person may in proper cases do so,
with the sanction of the Gold Commissioner. In all such cases the right of the party
first in posession whether of the mine or of the water privilege is to prevail, so as to
■entitle him to compensation and indemnity, if the same be just.
112. In measuring water in any ditch or sluice, the following rules shallbe observed- Bufts for measuring water.
The water taken into a ditch shall be measured at the ditch head with a pressure of
seven inches. No water shall be taken into a ditch except in a trough placed horizontally at the place at which the water enters it. The aperture through which thewater
passes shall not be more than ten inches high. The same mode of measurement shall
be applied to ascertain the quantity of water running out of any ditch into any other
ditch or flume.
113. Whenever it shall be intended, in forming or upholding any ditch, to enter upon and occupy any part of a registered claim, or to dig or loosen any earth or rock,
within 4 feet of any ditch not belonging solely to the registered owner of such claim,
three days' notice, in writing, of such iBtention, shall be given before entering or approaching within 4 feet of such other property.
114. Any person heretofore or hereafter engaged in the construction of any road or S«le« for d^rt,n8 <* -*0*"**
■work may, with the sanction of the Gold Commissioner, cross, divert, or otherwise in- »   *1'
"terfere with any ditch, water privilege, or other mining rights whatsoever, for such period as the said Commissioner shall direct.
grantee.
Beat ot £1 per atsoum on 50.in*
ches of water.
General regulations.
ill
Ntrttce of entering registered
claim to be given. \-l
Gold Com
juiitlioii thereto!-,
and to give certific: t.- of autl ori t y
to be recorded,
and to be suffic ent in 1 aw Court i,
Gold Comii is ioner to *
putcw.
iccidc lis.
Appeal may be made in rase!' over
£1U0 to the Supreme Court.
Security of waste water-in ditches
to bo at expense ot otnrn.
Ditches to be constructed in a secure manner.
Damages to   bo  made good
grantees.
by
Kotice to be given in Govcrnvient
Gazette.
laves public rights.
115. The Gold Commissioner shall order what (if any) compensation for every such
damage or interference shall be paid, and when, and to whom; and whether any and
what Works damaged or affected by such interference as aforesaid, shall be replaced!
by flumes or otherwise repaired, and in what manner, by the person or persons inflicting any such damage.
116. Upon compliance with the requirements aforesaid, the Gold Commissioner shall
certify in writing, under his hand, that the person or persons named therein were duly
authorized to create the damage or interference aforesaid, and have duly fulfilled the
requirements herein mentioned, and have also duly satisfied and discharged all damages
by him or them occasioned to any persons whatsoever, in respect of the damage or interference referred to.
117. Every such certificate shall be recorded by the said Gold Commissioner, in a
book to be kept by him for that purpose at his office^ and shall be at all nines open to
inspection upon payment of a fee of one dollar for every inspection.
118. Every such certificate so recorded shall be sufficient evidence in any Court of
Judicature in the Colony, of all matters and things therein contained or referred to, and
shall discharge the person or persons to or for whom the same is granted from all liability with respect to the damage or interference therein mentioned*
119. The Gold Commissioner shall, upon the application of any party interested
therein, and after notice as hereinafter mentioned to all whom it may concern, inquire
into and decide all matters arising out of or connected with any such damage or inter-1
ference as aforesaid, and such decisicn or judgntent shall be final and without appeal;
in all cases where such decision or judgment shall be given, in respect of any sum or
matters at issue, the amount or value whereof, which shall be stated in the decision,
shall not exceed one hundred pounds sterling.
120. In cases where such amount or value shall exceed one hundred pounds sterling,
any party aggrieved by such decision may appeal against the same to the Supremo
Court of Civil Justice, upon giving written notice of such intention to the Gold Commissioner within four days of such decision, and upon giving within such four days, to
the Gold Commissioner whose decision is appealed against, a good and sufficient bond
or mortgage, the amount of which shall be fixed by the Commissioner, from the party
or parties appellant, for the prosecution of the appeal and for the payment of all such
costs as may be awarded by the said Supreme Court.
121. The owners of any ditch, water privilege, or mining right, shall, at their own
expense, construct, secure, and maintain all culverts necessary for the passage of waste
and superfluous water, flowing through or over any such ditch, water privilege, or
right, except in cases where a natural stream or river, applicable or sufficient for the
purpose, exists in the immediate vicinity.
122. The owners for the time being, not being the Government, of any ditch or water
privilege, shall construct and secure the same in a proper and substantial manner, and
maintain the same in good repair, to the satisfaction of the Gold Commissioner, and so
that no damage shall occur during their ownership thereof, to any road or work in its
vicinity, from any part of the works of such ditch, water privilege, or right, giving way
by reason of not being so as aforesaid, constructed, secured, or maintained.
123. The owners of any ditch, water privilege, or right shall be liable, and shall nake
good, in such manner as the said Gold Commissioner shall determine, all damages
which may be occasioned by or through any parts of the works of such ditch, water
privilege or right, giving way as aforesaid, and the same may be recovered before a Magistrate in a summary manner.
124. The publication of any written notice to the party intended to be affected thereby, in two consecutive numbers of the Government Gaselte, or any newspaper circulating
in the Colony, or by affixing the same for ten days on some conspicuons part of any
premises referred to in such notice, and also at the office of the Gold Commissioner,
shall be deemed good and sufficient notice for all purposes under this Ordinance-
125. Nothing herein contained shall be construed to limit the right of the Chief Commissioner of Lands and "Works to lay out, from time to time, the public roads of the
Colony across, through, along, or under any ditch, water privilege, or mining right, in
any unsurveyed Crown Land without compensation, doing as little damage as conveniently mav be in laying out the same.
PART XL
MINING BOARDS AND THEIR CONSTITUTION,
Constitution of Mining Boards.
c*ix to twelve Members according
to number of free Miners.
Voters (Tualiucation.
126. Upon petition signed by not less than one hundred and one Free Miners in any
district, it shall be lawful for the Gold Commissioner acting for such district to constitute therein, a local board, to be called "The Mining Board."
127. The Mining Board shall be elected by the votes of the miners of the district, and
shall consist of not less than six, nor more than'twelve of the miners of such district.
If there shall be not more than 150 voters, then the Mining Board shall consist of S
members.' And for every complete number of 50 votes beyond the first 101, the Mining
Board shall comprise one additional member, but not so as to consist of more than
twelve members. Provided that no Free Miner shall be eligible for election as a member of such Board, except he shall have been a registered owner of a mining interest
for three months prior to such election.
128. The members shall be elected by the votes of the Free Miners of the district, who
shall have been Free Miners during three months at the lenst, previous to the election. 13
old Commissioner to be retUTb-
S Officer.
Vacancy of Mcmbersh
Absence from meeting
Vacancies in the Board.
Three to rotire annually.
Power to make by-laws Ac,
which mnst be approved by the
Governor.
Each voter shall have as many votes and no more as there ore members of the Board
to be elected, or vacancies to be filled up, which he may distribute among the candidates as he may think fit.
129. The votes of the electors shall be given in person by the voter, and the Gold
Commissioner of the district shall act as the returning Officer, and shall decide all questions as to qualification and disqualification of the members elect. The first election
shall take place on such day as the Gold Commissioner may appoint.
130. If any member shall cease to be a registered Free Miner in the district, or shall
be convicted of any misdemeanor, or felony, or of any wilful and malicious contravention
of this Ordinance, or of any by-law in.force in the district, he shall ipso facto vacate
his scat in each case and not be re-eligible, save that a member vacating bis seat only
by reason of ceasing to be a registered Free Miner, shall be again eligible at any time
upon his becoming a registered Free Miner.
131. Whenever any member shall absent himself from threeormore consecutive meet-
ngs of the Board, whether regular or adjourned meetings, he shall, upon a resolution
passed by the Board to that effect, be considered to have vacated his seat therein.
132. The Gold Commissioner shall fill by appointment all vacancies which may arise
in the said Board, when the same may occur, and such appointees shall hold office
until the next general election.
133. Three members of the Board, or so many members as together with vacancies
causgd as aforesaid, shall make up three members, shall retire annually by lot, or
agreement, or seniority.    Retiring members shall be immediately re-eligible.
134. The Mining Board shall, subject to the provisions hereof, have power by resolution to make, by-laws, which shall be submitted for th<» approval of the Gold Commissioner, (any by-laws so approved by the Gold Commissioner shall be immediately posted
'jb the Gold Commissioner's Office), and also from time to time to suggest any alteration or repeal of existing laws for regulating the 3ize of claims and sluices, the mode in
which claims may be worked, held, and forfeited, and all other matters relating to
mining in the district, and any by-laws so made shall be binding in such district until
the same shall have been disapproved by the Governor.
135. Any resolution of such Mining Board may be passed by a bare majority of the
members of such Board. The Gold Commissioner shall within seven days after the receipt
of the copy of any such resolution signed by the Chairman of the Board, concerning
any by-law or general regulation which he shall on any grounds deem expedient to lay
before the Governor, make and send a fair copy thereof signed by such Gold Commissioner, with his opinion thereon.
136. The Mining Board shall meet at siich times as a majority of the said Board shall
decide, and one-half of the members of the said Board shall constitute a quorum.
Provided, nevertheless, that it shall be lawful for the Gold Commissioner and so often
as in his opinion occasion shall require to call together such Mining Board.
137. The votes on all resolutions of the Mining Board shall be given by the members
personally and by word of mouth.
138. All questions of order and of the time and manner of conducting the business at
such Mining Board, and of the times and places of meeting after the first meeting thereof, may be decided by the majority of the said Mining Board, either from time to time
as anyquestion shall arise, or byany fixed rules and others as maybe thought advisable.
.139. It shall be lawful for the Governor by an order under the Public Seal of the rowi«r_i->theGovernor;to dissolve
Colony, at any time to declare the Mining Board in any district dissolved, at a day to au-v Miui,,s Hoard.
be named in such order, and if no day be therein named in that behalf, then as from the
date of such order.
PART XIT.
PENAL CLAUSES AND CLAUSE OF INDEMNITY.
Majorities.
Mining Board meeting^.
Mo*
iugd,
of conducting the proceed-
bedience.
Penalties how recovered.
All fines and fees to be paid into
the Treasury.
140. Any person wilfully or unlawfully acting in contravention of this Ordinance,
or of any by-law, rule or regulation to be established by virtue of this Ordinance, or Summary power in cases of diso
refusing to obey any lawful order of the Gold Commissioner, shall, on being summarily convicted before any Justice of the Peace or Gold Commissioner, be liable to a fine
not exceeding £50, or to an imprisonment not exceeding three months.
141. All penalties imposed under this Ordinance may be recovered forthwith, or at
such reasonable interval after conviction and non-payment as shall be allowed, by distress and sale of any mining or other personal property of the offender.
142. All fines and fees whatsoever payable under this Ordinance, except otherwise
expressly appropriated, shall be paid into the Treasury of the Colony as portion of the
Revenue thereof, to the use of Her Majesty, Her heirs and successors.
143. Any person convicted and sentenced to any term of imprisonment beyond thirty
days, or to pay any fine beyond £20 over and above the costs of conviction, may appeal Appeal to the Supreme Court in
to the Supreme Court of Civil Justice, provided, that such person do. within forty-eight criminal and summary cases.
hours after such conviction, enter into recognizance with two sufficient sureties, con-
fciiitioned personally to appear to try such appeal, and to abide the further judgment of
I the Court, and to pay such ;costs as shall be by such last mentioned Court awarded.
And the convicting Gold C6mmissioner may bind over any witness or informant under
sufficient recognizances to attend and give evidence at the hearing of such appeal.
144. On any such appeal, no objection shall be allowed to the conviction on any
matter ot form or insufficiency of statement, provided it shall appear to the said Supreme Court that the defendant has been sufficiently informed of the charge made
'against him, and that the conviction was proper on the merits of the case.
no rnereJ
lowe'd.
formal objection al-
w 14
C»7t&!n Offenees.
Felony.
Stealing gold  dust
1'uljny.
from   claim
DeQ-andingcopartner or principal i'cioay.
Saves existing mining rights.
Short Title.
145. Any person who shall wilfully damage, destroy or alter any Free Miner's certificate, or who shall falsely pretend that he is the person named therein, or who shall
wilfully destroy or falsify any of the records and registers hereby directed to be kept,
shall be guilty of felony, and being duly convicted thereof, shall be liable at the discretion of the Supreme Court of Civil Justice, to penal servitude for not more than ten
years.
146. Any person who shall steal or sever with intent to steal any gold or gold dust
from any claim, or from any ground comprised in any lease granted under this Ordinance, shall be guilty of felon}', and being convicted thereof, shall be liable to be punished in the same manner as in cases of larceny.
147. Any person who shall with intent to defraud his co-partner (or in cases of
agency, his principal) in any claim, secrete, keep back or conceal any gold found in
such claim shall bo guilty of felony, and upon conviction thereof, shall be punished
in the same manner as if he had feloniously stolen the same.
143. Nothing herein contained shall, save where such intention is expressly stated, be
so construed as to affect prejudicially any mining rights and interests acquired prior
to the passing of this Ordinance; and all rights and privileges heretofore and hereunder acquired shall, without the same being expressly stated, be deemed to be taken
and held, subject to the rights of Her Majesty, Her heirs and successors, and to the
public rights of way and water of this Colony.
149. This Ordinance shall be cited as the " Gold Mining Ordinance, 1865."
Passed the Legislative Council this
Chables Good,
Clerk.
13th day of March, A. D.
Abthub N.
ioo.
•IRCH,
Presiding Member.
Awented to, in Her Majesty's name, this twenty-eighth day of March, 1865.:
FREDERICK SEYMOUR,
Governor.   BRITISH   COLTTZkaBI-A-
«.
No.  15.    Ao   Ordinance  for the regulation of the
Harbours of British Columbia.
[29th
WHEREAS, it is necessary to make regulations for, and to prevent the commission of nuisances in the JEarbours of British.
Columbia and its Dependencies;
Be it enacted by the Governor of British Columbia, by and with
the advice and consent of the Legislative Council thereof, as follows:
I. The Harbour Master of every Harbour or Port in the Colony
of British Columbia, when appointed, shall give directions for regulating the time at which, and the manner in which every vessel shall
enter into, go out of, or to, or be in any Harbour, Pier, or Wharf
within the jurisdiction of such Harbour Master; and the position,
mooring or unmooring, placing and removing of every vessel whilst
therein; for removing unserviceable vessels and other obstructions
from the Harbour, Pier,- or Wharf, and keeping the same clear; and
•for regulating the use of fires and lights within or upon the vessels
in the Harbour, or in or at any Pier or Wharf.
II. The master of every vessel within any Harbour, or at any Pier
or Wharf, shall regulate such vessel according to the directions of
the Harbour Master, made in conformity with this Ordinance.
Any master or other person in charge of any vessel, who, after notice
of any such direction by the Harbour Master served upon him, shall
not forthwith regulate such vessel according to such directions, shall
be liable to a penalty of not less than Five pounds, and not exceeding Twenty pounds.
1H. In the event of the Harbour Master not finding the master
or officer in charge of any vessel on board to obey his instructions,
when the service is required without delay, or in the event of such
master or other person neglecting to satisfactorily conform to such direction, it shall be lawful for the said Harbour Master or any person
acting under his authority, to employ a sufficient number of persons
to perform the required service, and to recover the amount of the
same from the owner or master of such vessel in a summary manner
before any Justice of the Peace, and in case of refusal or neglect of
payment of such charge for the space of seven days after conviction,
the Harbour Master may levy such charge by distress and sale of
such vessel, or the tackle or furniture thereof, and the said Justiee
shall issue his warrant accordingly. Provided, that the levy aforesaid shall in nowise affect any penalties to which such master or
other person shall have rendered himself liable.
March, 1865.}
Preamble.
Harbour Master to make
general Harbour Regulations.
Penalties   for   non-con-?
formity therewith.
Charges incurredby Harbour Master when to be
levied by distress.
II
w Ruh-5 for discharging
coals, ballast, and loose
material.
Removal  of tar,  pitch,
gunpowder, &c, &c.
Penalty    for    throwing
rubbish into Harbours.
Penalty for mooring on
buoys.
Ves&els to be trimmed as
Harbour Master may order.
Penalty for false information as to draught of
water.
Penalty    for     injuring
buoys, beacons, ic, &c.
TV. Every master or person in charge of any vessel, previously to
loading or unloading, or discharging ballast, coals, cinders, stones,
bricks, tiles, or any other loose matter of a like nature, shall be, and
is hereby required to fasten canvass or a cloth, or a shoot from the
vessel, extending to the Wharf, Quay, or vessel, to or from which
such ballast or other loose material shall be conveyed, so as to prevent any part thereof from dropping into the Harbour, and shall
place the same at such distance or point from or near the edge of
every Quay or Wharf in which the same shall be placed to be loaded
or discharged, as such Harbour Master shnll order, and in default of
so doing, every such master or other person shall be liable for every
such offence to a penalty not exceeding Twenty pounds.
V. Every person, being the owner of or having the charge of anv
tar, pitch, resin, spirituous liquors, turpentine, oil, gunpowder, or
other combustible thing which shall be upon any Quay or Wharf,
or on the deck of any vessel within any Harbour, or at or near anv
Wharf or Pier, shall cause the same to be removed to a place of
safety, or otherwise secured or rendered safe, within two hours after
being required so to do, by notice in writing under the hand of the
Harbour Master, and in default of so doing shall be liable to a
penalty not exceeding Five pounds for every hour such combustible
thing shall remain in any such place aforesaid, after the expiration
of two hours from the service of such notice.
VT. Every person who shall throw or put, any ballast, earth, stones*
ashes, rubbish, or other material into any Harbour, or shall knowingly permit the same to be so thrown or put, shall, unless he shall
have obtained permission in that behalf in writing, under the hand
of the Harbour Master, with the sanction of the Governor for the
time being, be liable to a penalty not exceeding Eifty pounds for
every such offence, and on such offence being proved, one-half of
the said penalty may, at the discretion of the Justice before whom
the complaint shall be made, be paid to the informer or informers
thereof.
VII. 2To master, commander or pilot, having charge of any vessel
or ship, shall moor or in any manner make fast any such vessel or*
ship to anv buov or beacon not being; a mooring: buov or beacon, or
make use of the same for warping, under a penalty not exceeding
One hundred pounds.
VHI. Every master, commander, pilot, or other person having
charge of any vessel or ship, shall, when required so to do by the
said Harbour Master, or by any person acting under his authority,
peak their yards, place sprit sail yard fore and aft, run jib boom in.
get their anchors on the forecastle deck, rig in main and mizen
booms, and stern and quarter davits.
IX. Any master or other person having the command of any
vessel, who shall give false information of the draught of water of
any such ships, shall render himself liable to a penalty of Twenty
pounds.
X. Any master or other person who shall remove, or wilfully, or
through negligence injure or destroy, or permit a vessel to strike
any light-ship, beacon, buoy, light-house, or land-mark belonging;
to the Colony, and within the jurisdiction thereof, shall, for each
such offence be subject to a penalty of not exceeding One hundred
pounds, in addition to the amount of the damage done, the amount
of such damage to be ascertained in a summary manner before anv
Justice of the Peace for the said Colony, and in default of payment
to be levied by distress and sale of the goods of the offender, or ot
the vessel doing the damage, or of the tackle or furniture thereof:
provided, that the offender may be arrested and detained in custody until the return of the warrant of distress, and m case of the insufficiency ot such distress he may be committed to prison for three
calendar months, or until payment of the amount for the time being
remaining due of such penalty, damages, and all costs incurred in
carrying out the provisions of this Ordinance.
XI. No master, commander, pilot, or other person in charge of
any vessel or ship, shall be allowed to smoke any such vessel or
ship for rats or vermin, without the authority of the said Harbour
Master.
XII. Xo pitch, tar, or other combustible matter shall be heated
or melted on board of any vessel or ship, or on the Wharves within
the precincts of any of the Harbours of British Columbia or its
Dependencies, by any^master, commander, or pilot, in charge of any
vessel or ship, without the consent of the Harbour Master.
XIH. No person or persons shall let go, cut, or unfasten any rope,
chain, or other fastening to or from any vessel or buoy, anchor
mooring, dolphin or wharf, or other place connected with any ship
or vessel in any Harbour of British Columbia, unless authorized so
to do by the said Harbour Master, or by some person acting under
his orders, or by the pilot, master, or commander of any vessel or
ship which may be in the act of mooring, unmooring, or removing.
XIV. Masters, commanders, or crews of vessels or ships, shall
not impede tho said Harbour Master, or any person acting under
his orders, or in the execution of their duties.
XV. Any person infringing any provisions of this Ordinance,
shall be liable to a penalty not exceeding Five pouuds for each and
every such offence, unless otherwise herein specially provided for.
XVI. All fines and penalties imposed by this Ordinance may be
recovered in a summary manner before any Justice of the Peace, in
manner in Clause 10 hereinbefore mentioned, and shall be paid into
the Treasury as part of the Revenue.
*XVH. The word "Harbour" shall include all ports, inland places
and waters to which the provisions of this Ordinance may be applied
or from time to time varied by any Proclamation of the Governor
to that effect.
XVni. This Ordinance shall be cited as the "Harbour Regulation Ordinance, 1865."
Passed the Legislative Council the 22nd day of March, A.D. 1865.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this twenty-ninth day of
March, 1865.
FREDERICK SEYMOUR,
Governor.
Vessels not to be smoked
unless by Harbour Master's permission.
Pitch and oil not to be
melted unless by Harbour Master *s permission.
Moorings not to be cut.
Harbour IMaster not to
be impeded in his duties.
Penalties.
General Penalties   how
recoverable.
Interpretation.
Short Title.
iir
M&  ZBIR/ITISIEC   COLUMBIA,
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No. 16.    An Ordinance to prohibit the sale or gift of
intoxicating Liquors to Indians.
[30th March, 1865.]
1
7HEREAS, it is expedient to prohibit the sale or gift of intoxicating Preamble.
Liquors to Indians in the Colony of British Columbia;
Be it enacted by the Governor of British Columbia, by and with the advice
and consent of the Legislative Council thereof, as follows:
I. Any person or persons selling, barteringor giving intoxicating liquors to any imp0Ses a penalty of £100
Indian ol'the Continent r.f North America, or of the Islands adjacent thereto, shall for selling liquor to In-
be liable on conviction for each such offence, to a fine not exceeding £100. Every dians.
such fine may be recovered upon conviction before any Justice of the Peace of
the Colony of British Columbia, by warrant of distress of the goods and chattels of the offender. In case of default of payment of such fine, or of the insufficiency of such distress, the offender shall be liable for every such offence,
to imprisonment for a term not exceeding twelve calendar months, with or without hard labour, at the discretion of the Justice convicting.
II. When it shall be proven to the satisfaction of the convicting Justice, 2nd oifence liable to 12
that the person charged has been before convicted under this Ordinance, the months'imprisonment with
Justice may, on conviction, commit such offender to prison for a term not ex- najd labour.
ceeding twelve months with hard labour, without the option of a fine, should
such Justice see fit so to do.
III. In any case where it shall be proven to the satisfaction of the convicting offender under 16 years of
Justice, that the offender has not attained the age of sixteen years, the Justice age may be privately whip-
may order such offender to be once cr twice privately whipped, in lieu of or in ped.
addition to the aforesaid penalties, at the discretion of the Justice.
IV. Any person found in posession of intoxicating liquors of any description Persons found in Indian
in the house, tent, or place of abode of any Indian, is liable under this Or- dwellings with liquor pun-
dinance to be deemed prima facie to be in such house, tent, or place of abode, ishable.
for the purpose of giving such intoxicating liquor to Indians.
V. Any person holding any wholesale or retail liquor License in the Colony, Penalties on licensed ven-
who shall be convicted under this Ordinance, shall be liable to the forfeiture ders °f licluor iafriaging
* of his License, in addition to the other penalties, and shall not be entitled to a    1S   r inance-
renewal of such License in any part of the Colony, for a term of two years from
the date of such conviction.
VI. When It shall be proven before any Justice, that any vessel, boat, canoe, Vessel, &c, engaged in the
Or conveyance of any description, whether on the Coast of British Columbia, or traffic to be confiscated.
on any river, lake, or stream in the Colony, is employed in carrying intoxicating liquors to be supplied to any Indian or Indians, such vessel, boat, canoe,
or conveyance so employed,"shall be declared forfeited; and every person engaged in the conveyance, sale or distribution of such liquors in manner aforesaid, on
board of such vessel, boat, canoe, or conveyance so employed, shall be liable to
all the penalties provided for under this Ordinance, for persona convicted of
Belling liquor to Indians. Giving  liquor  to Indians      VTI.  It shall be lawful, nevertheless, for any Justice before whom any charge
when justifiable. is brought -ucder this Ordinance, notwithstanding anything herein contained to
the contrary, to acquit any person who has given intoxicating liquor to Indians, medicinally or under such other circumstances as may appear justifiable.
One-third of penalty to go     VIII. Any person giving information leading to the conviction of any per-
to informers. son under this Ordinance, shall be entitled to receive one-third of any pecuni
ary penalty inflicted under this Ordinance, at the discretion of the convicting
Justice.
Repeals   Proclamation   of     -^ ^e Proclamation of the 6th day of September, A.D. 1858, is hereby
6th September, 1868. repealed. _
Short Title. ^" This Ordinance shall be cited as "The Tndian Liquor Ordinance, 1865."
Passed the Legislative Council this 24th day of'March, A. D. 1S65.
Carles Good, Arthur N. Birch,
Clerk. Presiding Member
Assented to, in Her Majesty's name, this thirtieth day of March, 1865.
FREDERICK SEYMOUR,
Governor. BR/ITISH   COLUMBIA.
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f.
No. 17.   An Ordinance to prohibit the unseasonable
destruction of Game.
[1st April, 1865.]
WHEREAS, it is expedient to protect Game of various des-   Preamble.
criptions from being killed out of Season;
Be it enacted by the Governor of British Columbia, by and
with the advice and consent of the Legislative Council thereof,
as follows:
I. That from and after the passage of this Ordinance, it shall Prohibits sale, barter, &c,
be unlawful for any person to buy, sell, barter, give, or offer or faciE; s°efa2n?of thTyfar?*"
exhibit for sale, avy Deer or Elk, from the first day of March
to the first day of August, and any Grou.se, Prairie Fowl or
Partridge, or destroy or collect the eggs of the Grouse, Prairie
Fowl or Partridge, from the first day of jyTarch to the tenth day
of August in any year.
II. Every infraction or evasion of this Ordinance shall be   Penalties for evasion.
punishable upon conviction in a summary manner, before any
Magistrate in British Columbia, by a fine not exceeding £10
for each 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:.
III. This Ordinance shall be cited as the "Game Ordinance,
1865."
Passed the Legislative Council the 22nd day of February, A. D. 1865.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this first day of April, 1865.
FREDERICK SEYMOUR,
Governor.
Short Title.
-%  IBIR/ITISIH:   COX.TT3^BI-A..
3.
No. 18. An Ordinance to exempt certain articles from
Road and Ferry Tolls, and for other purposes.
[3rd April, 1865.]
TI7HEREAS, it is expedient to exempt Agricultural produce of
Vt    home growth from Road Tolls, and also to facilitate the construction of the International Telegraph, by exempting articles used
therein from U<>;id Tolls for a limited period;
Be it enacted by the Governor of British Columbia, by and with
the advice aud consent of the Legislative Council thereof, as follows:
I. From and after the passing of this Ordinance, all wheat, beans,
peas, oats, barley, and grain of all kinds, hay, roots, vegetables and
other agricultural produce in an unprepared state, the growth of the
Colony of British Columbia, shall be exempt from liability to any
Road or Ferry Tolls in the Colony, payable and paid to the use of
Her Majesty, Her heirs and successors.
II. Bat such exemption shall not be construed to extend to any
animal, or carriage, carrying; or drawing; a load of the articles so ex-
empted, aud when any such load shall exceed one hundred pounds
avoirdupois in weight, double the ordinary toll shall be demand-
able and paid upon every such animal or carriage.
HI. All stores and materials which shall be bonafide used in the
construction of the International Overland Telegraph, and for the
consumption of the persons engaged in such construction, but not
otherwise, shall be allowed to pass over the Roads or Ferries in the
Colony, which pay tolls to the use of Her Majesty, without paying
any such Road or Ferry Toll.
IV. Provided that on and after the completion of the International
Telegraph Line in British Columbia, or sooner determination of the
privileges granted by the "International Telegraph Ordinance, 1865,"
such exemption from Tolls shall cease.
V. Provided also that it shall be lawful for the Governor by any
order published in the Government Gazette, from time to time to fix,
limit, and vary the extent to which such exemption shall be carried,
and the mode in which the same shall be checked for the protection
of the Revenue. „
VI. The Tolls payable under Clause H. shall be demandable,
paid, and. recovered as Tolls under the respective authorities creating
the same.
VII. This Ordinance shall be cited as "The Tolls Exemption Ordinance, 1865."
Passed the Legislative Council the 30th day of March, A.D. 1865.
Preamble.
Frees produce of home
growth from Government
Road and Ferry Tolls.
Carriages and Animals not
exempt.
Frees International Telegraph stores from Road and
Ferry Tolls.
Such concession -when to
terminate.
Governor  may  fix,  limit,
and vary such exemptions.
Tolls how.collected.
Short Title.
Charles Good,
Clerk.
Arthur N. Birch,
Presiding; Member.
.Assented to, in Her Majesty's name, this third dav of April. 1865.
FREDERICK SEYMOUR,
Governor.  BBITISH   COLUMBIA.
-0?*
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Wo. 19. An
'dinance to prevent  the violation of
Indian Graves.
[3rd April, 1865.]
WHEREAS, it is expedient for the preservation of the public peace, Preamble,
to make special provision for the protection of Indian Graves,
and articles deposited thereon;
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, if any person shall imposes a penalty of xioo
steal, or shall without the sanction of the Government, cut, break, for removinganything from
destroy, damage or remove any image, bones, article or thing deposited  n l a rraAes'
on, in, or near any Indian Grave in this Colony, or induce, or incite any
other person so to do, or purchase any such article or thing after the
same shall have been so stolen, or cut, broken, destroyed or damaged,
knowing the same to have been so acquired or dealt with; every such
offender being convicted thereof before a Justice of the Peace in a
summary manner, shall for every such offence be liable to be fined
a sum not exceeding One hundred pounds, with or without imprisonment for any term not exceeding six calendar months for the first
offence, in the discretion of the Magistrate convicting.
II. In any indictment or other proceeding under this Ordinance, Forms of indictment,
it shall be sufficient for all purposes to state that such grave, image,
bones, article or thing is the property of the Crown.
IH. If any person so convicted as aforesaid, shall afterwards be Second offence liable to 12
guilty of any of the said offences, and shall be convicted thereof in months'imprisonment with
like manner, every such offender for such second or subsequent offence, should the convicting Magistrate in his discretion so deem
meet, in addition to suffering the aforesaid fine, be committed to the
common gaol, there to be kept to hard labour for such term not exceeding twelve calendar months, ass the convicting Justice may think
fit.
IV. This Ordinance shall be cited as the "Indian Graves Ordi- Short Title,
nance, 1865."
Passed the Legislative Council this 30th day of March, A. D. 1865.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this third day of April, 1865.
FREDERICK SEYMOUR,
Governor.
W
m  bir/Itisih: colttiLwCibia..
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No. 20. An Ordinance to amend the Law relating to
Bankruptcy and Insolvency in British Columbia.
[10th April, 1865.]
TtlHEREAS, it is expedient to amend the laws relating to Bank- Preamble.
VY   ruptcy and Insolvency in British Columbia;
Be it enacted by the Governor of British Columbia, by and with
the advice and consent of the Legislative Council thereof, as follows:
1. The laws of Bankruptcy and Insolvency now existing in this Existing Bankruptcy law
Colony, shall continue in force within the Colony, subject to the still in force,subjecthereto,
provisions of this Ordinance.
As to the Court of Bankruptcy and the Judges thereof.
2. The   Supreme  Court of Civil Justice acting as a Court of jurisdiction of Supreme
Bankruptcy, shall have and exercise for the purposes of this Ordi- Court in Bankruptcy*,
nance, all the jurisdiction, powers and authorities of the Superior
Courts of law and equity in Bankruptcy, and all the jurisdiction,
powers and authorities now possessed by the said Supreme Court,
acting as the Court for the relief of insolvent debtors.
3. The Judge of every County Court shall have and exercise J^'ction   of   County
.,, .    ,. °,.       ,. ,  .J, ,,     ,.,«7   .     r%.  ,. -,      ,,        Courts in Bankruptcy.
within his respective district the like jurisdiction, powers and author-
,ities, and perform the same duties for and in respect of all matters
and things coming before such County Court by virtue of this Ordinance, as are hereby vested in the Supreme Court of Civil Justice
of British Columbia acting in Bankruptcy, subject nevertheless to
the provisions and limitations hereinafer mentioned.
As to the officers of the Court.
4. In every County Court exercising jurisdiction under this Or- Costs in any Court of
dinance, all bills of costs, charges, fees and disbursements aforesaid, Bankruptcytaxabieby such
shall (except when such Court shall otherwise direct) be taxed arid
settled by the Judge of such Court, subject to the review of the
Supreme Court.   It shall be lawful for the Judge of any County Review of County Court
Court to refer any such bills, or any question thereon, to the Costs.
Taxing Master.
5. The Judges of the said Courts shall sit at Chambers for the dispatch Sittings in Chambers.
of such part of the business of their Courts, as can without detriment to the
public,-advantage arising from the discussion of questions in open Court, be heard
in chambers, and when sitting at chambers they shall in all respects have like
power and jurisdiction as when sitting in Court.
6. The Judge of every County Court shall have power to make adjudi- Powers of County Court in
cation of Bankruptcy, to receive the surrender of any Bankrupt, to  grant Bankruptcy.
-piotection^to pass the last examination of any Bankrupt in cases wherein the
Assignees and Creditors do not oppose, to hold and preside at meetings  of
•.Creditors, to audit and pass accounts of Assignees, and to sit in chambers and
••dispatch there such part of the administrative business of the Court, and such
uncontested matters as shall be defined in general orders, or as the Judge in the
Supreme Court in any particular matter shall direct but nothing herein con- Appeal from County Court
to Supreme Court.
Attendance of witnesses.
Examination of witnesses.
Reference by special case
from County Court to Supreme Court.
Effect thereof.
Power to summon Jury.
Appeal.
Mode^of bringing forward.
Power of Supreme  Court
^Tudge on appeal.
Abolishes the difference
between Bankraptcy and
Insolvency.
tain ed shall empower a Judge of the County Court to commi t or to hear a disputed
adjudication, or any,question of the allowance or suspension of an order of discharge. The County Court Judge may adjourn any matter coming before him,
for the consideration of the Judge of the Supreme Court.
7. Any party shall, during the proceedings before a County Court Judge,
or such County Court Judge himself shall be at liberty to take the opinion of
the Judge of the Supreme Court upon any point or matter arising in the course
of such proceedings, or upon the result of such proceedings, which shall be
stated by the County Court Judge in the shape of a short certificate to the Judge
of the Supreme Court, who shall sign the same, if he approve thereof, and
such certificate, so signed, shall be binding on all the parties to the proceedings,
but every such certificate may be discharged or varied by such Judge of the
Supreme^ Court, at chambers or in open Court.
8. Parties and witnesses summoned before the Judges of the said Courts
sitting in Bankruptcy shall be bound to attend in pursuance of such summons, and shall be liable to process of contempt in like manner as parties and
witnesses-are now liable thereto in case of default in attendance under any writ
of subpoena; and all persons wilfully and corruptly swearing or affirming falsely
before any such Judge shall be liable to all the penalties, punishments, and
consequences of perjury.
9. If any person examined before a Judge or Court sitting in Bankruptcy
shall refuse or decline to answer or to swear to, or sign his examination when
taken, such Judge or Court shall have power to order the person so acting to
pay the costs thereby occasioned, if such person shall be compellable by law to
answer such question or to sign such examination.
10. In any Bankruptcy or other proceeding within the jurisdiction of a
County Court the parties concerned or submitting to such jurisdiction
may at any stage of the proceedings, by consent, state any question or
questions in special case for the opinion of the Supreme Court of Civil Justice,
and the judgment of such Court shall be final, unless it be agreed and stated in
such special case, that either party may appeal.
11. The parties may, if they think fit, agree that upon the question or questions raised by such special case being finally decided, a sum of money fixed by
the parties, or to be ascertained by the Court, or in such manner as the Court
may direct, or any property or the amount of any disputed debt or claim, shall
be paid, delivered or transferred by one of such parties to the other of them,
either with or without costs.
12. It shall be lawful for the Judge of the Supreme Court of Civil Justice,
to direct any question of fact to be tried and determined before himself, by the
verdict of a special or common jury, to be summoned in the usual manner.
Appeals.
13. Every decision or order of any County Court Judge, acting Tinder this
Ordinance, shall be subject to appeal to the Supreme Court.
14. Such appeal shall be brought on by way of petition, motion, or special case.
On the hearing thereof no new evidence shall be received without leave of the
Judge of the said Supreme Court; and if such appeal shall not be presented within twenty-eight days from the date of the decision or order complained of, or
within such iurther time as the Court below shall in any case allow, then such
decision or order shall be final. The order made on such appeal shall be final,
except in those cases where an amount of £300 or more is involved, in which case
an appeal shall lie to the Privy Council.
15. On the hearing of any appeal, the Judge of the Supreme Court may exercise any part of his original jurisdiction, and may, if he think fit, direct that the
case or matter in which the order appealed from was made be removed from the
County Court of that district, either wholly or in part, and be thenceforth prosecuted in the Supreme Court, or in such County Court as he shall think fit.
The persons subject to this Ordinance.
16. All debtors, whether traders or not, ahall be subject to the provisions of
this Ordinance, but no debtor who is not a trader shall be adjudged bankrupt,
except in respect of one of the Acts of Bankruptcy hereinafter described as applicable to a non-trader, and proof of assets to the amount of £150 shall no longer
be required from any debtor. Acts of Bankruptcy.
17. If any person, not being a trader, shall, with intent to defeat or delay his ^cts ol- Bankruptcy
creditors, depart this Colony, or being out of this Colony shall with such intent
remain abroad, or shall with such intent make any fraudulent conveyance, gilt,
delivery, or transfer of his real or personal estate, or any part thereof, respectively,
such person shall be deemed to have thereby committed an act of Bankruptcy:
Provided always, that before any adjudication in Bankruptcy shall be made
against the,debtor under this section, the following rules shall be observed:
a. A copy of the petition for adjudication shall be served personally on the
debtor, either within the jurisdiction or in such place or country or within such
limits abroad, as the Court shall upon application for that purpose direct:
b. Such copy of petition shall have endorsed thereon, a memorandum, in a
form to be settled by a general order, specifying the time within which the
.debtor is to appear on such petition; and such time shall, when the service is to
be made abroad, be the time which the Court shall think reasonable, having regard to the place or country where the service is to be made:
c. In no case shall the time for appearance be less than thirty days after
service:
d. If such personal service has not been effected, the Court must be satisfied
that every reasonable effort was made to effect the same, and that the attempts
to serve such petition came to the knowledge of the debtor and were defeated
by his conduct:
e. If at the expiration of the time limited for appearance the Court shall on
the hearing of such petition be satisfied that an act of Bankruptcy has been
committed, within the meaning of this section, it may adjudge such debtor to
be a Bankrupt.
f. A declaration in writing of Insolvency by a non-trader in the same man- ,
ner as by a trader, shall be deemed to be an act of Bankruptcy on the part of
such non-trader.
18   The filing of a declaration of Insolvency by any person in the County v.v    A„ ,„ _..      -T
Court, shall have the same effect as in like cases filed in the Supreme Court,     vency act of Bankruptcy
19. If any execution shall be levied by seizure and sale of any goods and chattels Execution for iudement
of any trader debtor, upon any judgment recovered in any action personal for over £50 an act of Bank-
the recovery of any debt or money demand exceeding fifty pounds, every such ruptcy.
debtor shall be deemed to have committed an act of Bankruptcy from the date
of the seizure of such goods and chattels: Provided always that unless in the
meantime a petition for adjudication of Bankruptcy against the debtor be presented
the sheriff or other officer making the levy shall proceed with the execution, and
shall at the end of seven days after the sale pay over the proceeds, or so much
as ought to be paid, to the execution creditor who shall be entitled thereto notwithstanding such an act of Bankruptcy, unless the debtor be adjudged a
Bankrupt within fourteen days from the date of the seizure, in which case the
money so received by the creditor shall be paid by him to the assignee under
the B ankruptcy, but the sheriff or other officer shall not incur any liability by
reason of anything done by him as aforesaid: Provided also that in case of
Bankruptcy, the costs and expenses of such action and execution shall be retained
and paid out of the proceeds of the sale, and the balance only after such payment
be paid to the assignee.
20. Whenever the goods and chattels of a debtor are'sold under an execution Sale under everv such exe-
upon any judgment recovered in any action or suit brought for the recovery of a cution only by public auc-
debt, money, demand, or damages against any debtor exceeding fifty pounds, tion.
such goods and chattels shall in all cases unless the Court shall otherwise direct
be sold by the sheriff by public auction, and not by bill of sale or private contract, and such sale shall be publicly advertised by the sheriff on and during
three days next preceding the day of sale.
21. The filing of a petition by or against a debtor, whether a trader or not in Adjudication in anyBritish
any Court having jurisdiction for the relief of Insolvent Debtors in Insolvency possession an act of Bank-
or Bankruptcy in any of Her Majesty's Dominions, Colonies, or Dependencies raPtCT-
and the adjudication of an act of Insolvency or Bankruptcy on such petition
shall for the purposes of this Ordinance be accounted and adjudged conclusive
evidence of an act of Bankruptcy, committed by such debtor at the time of filing
such petition or of the filing the petition on which the adjudication of an act
of Insolvency or Bankraptcy shall have been made; and any creditor or creditors of such debtor, whose debt or debts shall be of sufficient amount to enable Judgm cut debtor summons.
him or them to petition for adjudication of Bankruptcy under this Ordinance
may, at any time within two months after notice of such adjudication shall have
been given in the Government Gazette, petition for adjudication of Bankruptcy
under this Ordinance against such debtor, and under such petition all such proceedings may be had and taken as are authorized and directed by this Ordinance.
As to an Act of Bankruptcy by non-payment after Judgment Debtor Summons,
and the proceedings thereupon.
22. Every Judgment Creditor in respect of any debt amounting to fifty pounds
or upwards, exclusive of costs, shall be entitled, at the end of one week from the
signing of judgment, to sue out against the debtor if a trader, or not being a
trader at the end of one calendar month, and whether he be in custody or not, a
summons to be called a judgment debtor summons, requiring him to appear and
be examined respecting his ability to satisfy the debt.
Unsatisfied decree or order     23. Where after the commencement of this Ordinance, a decree or order of
in equity &c. may be fol-a Court of equity, or an order in Bankruptcy or Insolvency or Lunacy, direct-
lowed by Judgment Debtor jng the payment of money is disobeyed by the debtor, the same having been
bummons. duly served on him, and the person entitled to receive the money or interested
in enforcing payment of it has obtained a peremptory order of the competent
jurisdiction, fixing a day for payment, and the debtor does not, being a trader
within seven days, or not being a trader, within two calendar months after service on him of the peremptory order, or such order having been duly served,
within seven days after the day fixed by the peremptory order for payment,
(which shall last happen) pay the money, or secure, or tender, or compound for
it, to the satisfaction of the creditor, the creditor shall be entitled at the end of
those seven days to sue out against the debtor a judgment debtor summons.
Rules    regulating    issue     24. The judgment debtor summons shall, unless the Court shall in any case
otherwise direct, issue according to the following rules:
a. Where the debtor is in British Columbia or its dependencies, then out of the
Supreme Court or the County Court acting in Bankruptcy for the district in
which the debtor usually lives, or at the time of the issuing of the summona
happens to be;
b. Where the debtor is not in British Columbia, then out of the Supreme Court
or the County Court acting in Bankruptcy for the district in which is situated
the debtor's usual or last known place of abode in British Columbia;
c. Where the debtor is in British Columbia or its dependencies, the summons
shall be served personally, unless the Court issuing the same shall in any case
direct that service in some other manner shall be good service.
d. Where the debtor is not in British Columbia, the Court upon such evidence
as shall satisfy it that the service will be effectual to give notice to the debtor,
may order service to be made in such manner and form as it shall deem fit, and
shall appoint a time by such order for the appearance of the debtor.
e. Where the debtor is in custody a duplicate of the summons shall be delivered
to the Sheriff or other person in whose custody he is, who shall bring him up
according to the summons, at the cost of the summoning creditor.
f If service of the summons be not effected, and the Courtis satisfied that the
debtor is keeping out of the way to avoid service, it may order that one or more
notices be inserted in the Government Gazette, and in one or more newspapers
; him to appear on a day named, being not
thereof.-
Examination of debtor.
published in the Colony, requiring
less than fourteen days after the publication of the first notice.
25. Upon the appearance of the debtor he may be examined upon
oath, by or on behalf of the creditor, and by the Court respecting;
his ability to satisfy the debt, and for the discovery of property applicable in that behalf, and shall be bound to produce, on oath or
otherwise, such books, papers and documents in his possession or
power relating to property applicable or alledged to be applicable
to the satisfaction of the debt, as the Court shall think fit, and to
sign his examination when reduced into writing, and any debtor refusing to be sworn, of who shall upon examination refuse or wilfully fail to discover fully and truly to the best of his knowledge and
belief^ all his property real and personal, inclusive of his rights and
credits, and to produce all books, papers and documents in his possession or power relating thereto, shall he liable to be committed by
the Court as in the case of a bankrupt. * 26. If after service of such summons, or due notice thereof, as Adjudication nisi of the
aforesaid, the debtor shall not pay the debt and costs, or secure or judgment debtor summons.
compound for the same to the satisfaction of the creditor, the Court
may, on the appearance of the debtor, or if he shall not appear, having no lawful impediment allowed by the Court, adjudge him bankrupt without the presentation of a petition for adjudication or other
proceeding, and where the debtor has not appeared, notice of such
adjudication shall be served upon him in like manner as herein provided withjprespect to service of the summons.
27. The debtor shall be allowed seven days from such notice, or Adjudication when mads
such further time as the Court shall think fit, for appearing to show absolute.
cause against the adjudication; and if he appear within the time allowed and show sufficient cause, the adjudication may be annulled,
otherwise at the end of the time allowed, or on the judgment of the
Court against the sufficiency of the cause shown, the adjudication
shall become absolute, aud notice thereof shall be forthwith given in
the Government Gazette, and the adjudication shall hare relation back
to the sei vice of the summons, or the insertion of the first notice in
the Government Gazette, as the case may be, and the fee payable upon
the presentation of a petition for adjudication of Bauktuptcy sh.aU
be paid in respect of adjudication under this section or under the
lastprecedingsection, by the official assignee or the creditor's assignee
as the case may be, out of the first moneys that shall be received
under the estate of the Bankrupt.
28. The provisions contained in section two hundred and sixty of Power to commit,
•the "Bankrupt Law Consolidation Act, 1849," relating to the committal of a person refusing to be sworn, or doing or omitting the
other acts or things therein mentioned, shall apply to a debtor appearing: on a judgment debtor summons.
29. Any'debtormaypetition for adjudication ofBankruptcy against Filing petition without de-
himself, and the filing of such petition shall be an act ofBankruptcy, claration an act of Bank-
Without any previous declaration of Insolvency by such debtor.       j ruPtCT-
30. Every debtor petitioning against himself shall file in Court, petitioner must file full ac-
a full, true, and accurate statement of his debts and liabilities of counts.
every kind, and of the names and residences of his creditors, and of
rhe causes of his inability to meet his engagements, within such
time after filing his petition and in such form as general orders shall
direct.
31. Every debtor who shall present a petition for adjudication Petition bv prisoner,
whilst a prisoner in any prison gaol shall by writing give notice to
the keeper of such gaol or prison of his intention so to do, and shall
in his petition state that such notice has been given.
As to adjudicaiioyi of Bankruptcy against pauper and other prisoners
for debt.
82. If any debtor whether a trader or not now being or who shall Petition in forma pauperis
be imprisoned for any debt or demand shall through poverty be un- by prisoner,
able to petition the proper Court for an adjudication ofBankruptcy
against himself, he shall be at liberty to petition in forma pauperis,
.upon making an affidavit that he has not the means of paying the
4fe(e3 and expenses usually payable in respect of a petition by a debtor
for an adjudication of Bankruptcy. Such affidavit may be sworn
before the gaoler of the prison where such debtor is confined, and
such-gaoler is hereby empowered and required to take such affidavit
and swear the deponent thereto without fee or reward.
33. Every person so petitioning in forma pauperis as aforesaid, Examination beforcCoun-
:sjhall be brought up to the County Court of the district at its next*? Court-
fitting after the presentation of such petition, and shall be examined
by the Court touching his estate and effects, debts, dealings, and I
Monthly Returns by Gao
ler.
transactions; and if the Court shall be satisfied with such examinatioij.
it shall make an order of adjudication of Bankruptcy against the
petitioner, and if it think fit, grant an order of protection to the
petitioner.
34. The gaoler of every prison in British Columbia, within the
walls, rules and liberties, whereof any person shall be in custody
upon any process whatsoever, for or by reason of any debt, claim or
demand whatsoever, shall on the first day of every month, or if such
day shall happen to be Sunday, then on the day next following, make
a return under his hand of the name of every such person, and the
date of his or her imprisonment, and the nature and amount of the
debt or demand, debts or demands, for which he or she is imprisoned
or in custody, and whether he or she is willing or refuses to petition
the Court of Bankruptcy, or is unable to do so by reason of poverty
or in such other form and manner and with such particulars as any
general orders shall direct. Such return shall also include the names
and addresses of every creditor at whose suit each such prisoner is
imprisoned or detained, and shall be made by gaolers of prisons to
the Supreme Court or County Court having jurisdiction in Bankruptcy
within the jurisdiction of which the gaol is situated.
Attendance of County 35. The County Court Judge shall in every case, on receiving
Court Judge at Prison.     sach. return,  attend at the gaol on a day to be named, being at
least seven .and not more than twenty-one days from the date of such
return. Notice of such order shall be forthwith given to the gaoler
and also to the execution and detaining creditors of every prisoner
included in such return. On the day named in the order such County
Court Judge shall attend at the prison, and examine every prisoner
included in such return who shall have been in prison for fourteen
days, touching his estate and effects, debts, dealings and transactions.
The County Court Judge shall also ascertain the last or longest
place of abode and business of each such prisoner within the
six months next prior to his inprisonment. The County Court
Judge shall have power to make an order of adjudication in Bankruptcy against every such prisoner, and to grant him protection, and
shall also direct in what Court such adjudication shall be prosecuted,
having regard to the amount of debts and the place of trade or
residence of the prisoner within the six months next preceding his
imprisonment.
Power to compel evidence.    36. If the prisoner shall refuse to appear, or to be sworn, or to
answer all lawful questions of the County Court Judge or of the execution or detaining creditor, or of any other creditor who shall be
present respecting his debts, liabilities, dealings and transactions, or
to make a full discovery of his estate and effects, and of all his books
of account, or to produce the same, or to sign his examination when
taken, the Court may by warrant under the hand and seal of the
Judge, commit him to the common gaol of the District, there to be
kept with or without hard labour for any time not exceeding one
month, and the Court may at the same time adjudge such prisoner
Bankrupt, provided that if after such adjudication the Bankrupt shall,
before the period of such commitment has expired, submit to be examined, and in all things conform to the jurisdiction of the Court, he
shall in all respects have the same benefit as if he had submitted
to the Court in the first instance.
37. Every adjudication against any prisoner for debt so brought
up as aforesaid, shall, unless the Court shall otherwise direct, have
relation back to the date of his commitment or detention, as the case
may be, and shall be as valid and effectual for all purposes as if it
had been made under any other of the provisions of this Ordinance.
Date of adjudication. •" 88. This Ordinance shall be cited as the "Bankruptcy Ordinance, short Title
1865."
Passed the Legislative Council the 6th day of April, A. D. 1865.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this tenth day of April, 1865.
PEEDEEICK SEYMOTJE,
Governor.
if  BH/ITI
fczDJcni-
OOXjTJn^EBI^
&
^
1-
No. 21. An
Ordinance respecting Marriage in British
>ia.
[11th April, 1865.]
TTTHEREAS, it is expedient to regulate the solemnization of Marriage in British
YY     Columbia;
Be it therefore enacted by the Governor of British Columbia, by and with the advice
and consent of the Legislative Council thereof, as follows:
I. The Ministers and Clergymen of every church and religious denomination in British Columbia, and the Registrars appointed by the Governor under the provisions of
this Ordinance, may celebrate the ceremony of marriage between any two persons
neither of whom shall be under a legal disqualification to contract such marriage.
II. Such Ministers or Clergymen may celebrate th*e ceremony of marriage, according
to the rites and usages of the Church or denomination to which every such Clergyman
or Minister respectively belongs, between any two such persons, when authorized to do
so, by the usual licence under the hand and seal of the Governor as Ordinary, or (if
not so authorized) then, except as is hereinafter enacted, by the publication
of the banns of such marriage openly and in an audible voice in any church,
chapel or place of public worship of the congregation or religious community with
which the Minister or Clergyman is connected, on three consecutive Sundays during
Divine Service, together with the number of such proclamation as being the first, second or third time of asking.
III. In the event of any parties objecting to or not being desirous of adopting either
of the above modes of marriage, then, and in that case notice in writing must be given
to the Registrar of the district where such parties propose to marry, at least fourteen
clear days immediately preceding the day of the intended marriage, and a declaration in the form prescribed in Schedule A hereto, of the non-disqualification of the
parties, must be made and signed by each of the parties so proposing to marry at the
same time, such notice and declaration shall be entered in a book to be kept for that
purpose by the Registrar in his office, which shall be open to the inspection of the public.
IV. Upon the due compliance of the parties, with the provisions of the aforegoing
clause, the Registrar shall give a certificate of such compliance in the form mentioned
in Schedule C hereto.
V. After the expiration of the said period of fourteen days, marriage may be contracted in the office of the said District Registrar, according to the form and in the
manner hereinafter mentioned, but not otherwise. Provided, nevertheless, that the
marriage shall be contracted with open doors, between the hours of ten a. m. and
four p. m., in the presence and in the office of the Registrar of the district, and in the
presence of two or more credible witnesses. Provided that, in the presence of
such Registrar and witnesses, each of the parties shall declare "I do solemnly declare
that I know not of any lawful impediment why I, (A. B.) may not be joined in matrimony to (C. D.)" and each of the parties shall say to the other "I call upon these persons here present, to witness that I, (A. B.) do take thee (C. D.) to be my lawful wedded wife (or husband)." Provided, also, that there be no lawful impediment to the
marriage of such parties.
VI. Provided, also, that nothing herein contained shall be construed as enabling
any religious ceremony of marriage to be solemnized under or by virtue of a civil contract of marriage, made as herein provided through a Registrar, but all persons desirous of being married by religious ceremony can only be so married after the licence or
publication of banns as aforesaid.
VII. The Registrar of the district shall be entitled for every marriage which shall be
contracted under this Ordinance in his presence and office as aforesaid, to receive from
the parties married, the sum of two pounds, to the use of Her Majesty, Her heirs and
successors.
Preamble.
Who may celebrate marriage.'
Ministers, by the usual licenc*,
or banns.
CIVIL MARUIAG3  BEFORE
A REGISTRAR.
Notice.
Declaration of non-disqualifica.
tion.
Registrar's Certificate.
Contract of Civil Marriage.
Without reKgtous «te»emon-y. Witnesses necessary to a mar.
riage.
Marriage register.
Registrar's Certificate evidence.
Quakers' and Jews' marriages.
False statement perjury.
Penalty on performing illegal
marriages.
Form of registration.
Oavealt.
Appeal from District Registrar.
3 months' notice of Ordinance.
In matters not herein provided
for law of England to prevail.
Who may give consent.
l£consent undulv refused.
VIII. All marriages celebrated under the provisions of this Ordinance by any Clergyman, Minister, or Registrar must be in the presence of two or more credible witnesses
besides himself, and such ceremony must be performed in a public manner, and with
open doors, (save where otherwise, permitted by licence).
IX. Provided always that all Ministers, Clergymen and Registrars, shall at the time
of each marriage, enter a memorandum of such marriage, in a book to be kept by
them for that purpose, and every such registration shall be signed by each of the
parties, the Minister, or Registrar, or other duly authorized person officiating at the
time, and witnessed by at least two credible witnesses, and shall be kept in the form of
Schedule D hereunto annexed, all such registrations shall be open to the inspection of
the public, and a certified copy of any registration shall be given to any person demanding the same, on payment of 4s. and 2d., and certified copies ofsnch register books
shall be sent by each Minister, Clergyman, Registrar, or other authorized person aforesaid, twice in each year, viz : on the first day of January, and on the first day of June,
to the Registrar General to be kept by him open for public inspection and to be copied
as aforesaid, upon payment of the said fee.
X. Every certificate or copy of any registration or document under this Ordinance,
certified by the Clergyman or Minister, Registrar General, or Registrar extracting the
same shall be prima facie evidence of all the matters and things therein contained.
XI. Nothing in this Ordinance shall be construed as in any way preventing the
people called Quakers, or those professing the" Jewish religion, from celebrating marriage where both the parties shall be of the people called Quakers, or persons profes*
sing the Jewish religion respectively, according to the rites and ceremonies of their own
religion or creed; provided always that all such Quakers and Jews, shall, before
marriage give the notice and make and'sign the declaration of non-disqualification by
this Ordinance prescribed, and comply with all the requirements as to registration above
mentioned.
XII. Any person who shall knowingly or wilfully make any fals,e declaration or
statement, or sign any false notice or certificate, for the purpose of procuring any marriage, and every person who shall forbid the publication of banns, or the issue of the
ordinary licence herein, or of any Registrar's certificate by falsely representing himself
or herself to be a person whose consent to such marriage is required by law, knowing
such representation to be false, shall suffer the penalties of perjury.
XIII. Any Minister, Clergyman, or Registrar, who shall wilfully and knowingly,
celebrate the marriage of persons either of whom may not be legally qualified, or who
shall knowingly and wilfully marry persons in any other mode than one of those prescribed by this Ordinance, (except in the case of Quakers and Jews, as hereinbefore
mentioned), shall be guilty of felony.
XIV. The registrations made by such Ministers, Clergymen and Registrars, shall
be in the form prescribed in Schedule D hereto, and the notice and declaration to be
given to the Registrar in the cases in this Ordinance mentioned, shall be in the form
prescribed in Schedule B hereto.
XV. Any person on payment often shillings may enter a caveat with the Registrar of
the District against the issue of a certificate for the marriage of any person named
therein, and if any caveat be entered with the Registrar, and such caveat being duly
signed by or on behalf of the person who entered the same, together with his or her place
of residence, and the ground of objection on which his or her caveat is founded, no
certificate shall issue or be granted until such Registrar shall have examined into the
matter of the caveat, and is satisfied that it ought not to obstruct the grant of the certificate for the said marriage, or until the caveat be withdrawn by the party who entered
the same.
XVI. Provided, always, that in case of doubt it shall be lawful for the Registrar
to refer the matter to the Registrar General, and in the event of the Registrar deciding
against the person entering the caveat such person may appeal to the Registrar General on giving notice of such intention within two clear days after such decision, and .on.
giving bonds, satisfactory to such Registrar, for security of costs within four days of
such decision. Any person authorized to enter a caveat s%all, in addition to making
such caveat, write the word " forbidden " across the notice of marriage iu the marriage
notice book, and sign the same with his name.
XVII. All marriages celebrated from and after three calendar months after the passing
of this Ordinance, in any other manner than those allowed by this Ordinance shall be
void.
XVIII. Provided, always, that in all matters relating to the mode of celebrating marriages, or the validity thereof, and the qualification of parties about to marry, and the
consent of guardians, or parents, or any person whose consent is necessary to the validity of such marriage, the law of England shall prevail, subject always to the provisions of this Ordinance.
XIX. The father, if living, of any party under twenty-one years of age, such •
party not being a widower or widow; or if the father shall be dead the guardian or
guardians of the person of the party so under age, lawfully appointed, or one of them;
and in case there shall be no such guardian or guardians, then the mother of such party if unmarried; and if there shall be no mother unmarried, then the guardian or
guardians of the person appointed by the Court of Chancery, if any, or one of them,
shall have authority to give consent to the marriage of sur>h party; and such consent
is hereby required for the marriage of such party so under age, unless there shall be
no person authoiized to give such consent.
XX. That in case the father or fathers of the parties to be married, or one of them,
so under age as aforesaid, shall be non compos mentis, or beyond the seas, or the guardian or guardians, mother or mothers, or any of them whose consent is made necessa<-
rv as aforesaid to the marriage of such party or parties, shall he non compos mentis, or in parts beyond the seas, or shall unreasonably or from undue motives refuse or withhold his, her, or their consent to a proper marriage, then it shall and may be lawful
for any person desirous of marrying, in any of the before mentioned .cases, to apply by
petition to the Judge of the Supreme Court of Civil Justice who shall judicially declare
the same to be so ; and such judicial declaration shall be deemed and taken to be as
good and effectual, to all intents and purposes, as if the father, guardian, or guardians,
or mother of the person so petitioning had consented to such marriage.
XXI. Whenever a marriage shall not be had within three calendar months after Banns, licence, and certificate
the date of the Governor's licence, or the complete publication of banns, or the issuing unused voidafur threemonth*.
of a Registrar's certificate of compliance with the provisions of .this Ordinance, such
banns, licence or certificate shall be absolutely void from the expiration of such three
months, and the application for authority to marry will have to be made afresh, in
manner prescribed by this Ordinance.
XXII. The Schedules hereto shall be part of this Ordinance. Schedule.
XXIII. This Ordinance shall be cited as the "Marriages Ordinance, 1865." Short Title.
Passed the Legislative Council the 31st day of March, A. D. 1865.
CiiAHLE.s Good,
Clerk.
Arthur N. Birch,
Presiding Member.
Assented to, in Her Majesty's name, this eleventh day of April, 1865.
FREDERICK SEYMOUR,
Governor.
SCHEDULE A.
DECLARATION.
I do solemnly declare that I know of no lawful impediment of kindred or alliance, or
other lawful hindrance why I, (A.B.), may not be joined in matrimony to (C. D.)
SCHEDULE B.
NOTICE OF MARRIAGE.
To the Registrar of the District of in the Colony of British Columbia.
I hereby give you notice that a marriage is intended to be had on the day of
, between me and the other party described and named herein.
Name.
Condition.
Witness my hand this
Rank
or
profession.
day of
Age.
18
Dwelling
place.
Signed, A. B.
SCHEDULE C.
REGISTRAR'S CERTIFICATE.
I, , Registrar of the District of , in the Colony of British Columbia,
do hereby certify that on the day of , notice was duly entered in the
Marriage Notice Book of the said District, of the marriage intended between the parties
therein named and described, delivered under the hand of , one of the parties,
that is to say :
Name.
Condition.
Rank
or
profession.
Age.
Dwelling
place.
Date of notice entered
Date of certificate given
Witness my hand at
18
18
The issue of this certificate has not been
forbidden by any person authorized to forbid the issue thereof.
this           day of
Signed,	
18     .
Registrar of the
This certificate will be void unless the marriage be celebrated on or before
day of 18
District,
the
—fe SCHEDULE D.
MARRIAGE   CERTIFICATE.
MARRIAGES   SOLEMNIZED IN THE  DISTRICT Or
No.
When
married.
Name &
surname.
Age.
Condition.
Rank
or profession
Residence.
Place
of
birth.
Father's j
name k
surname.
Rank"
or profession
of
Father
Married at , according to the rites and ceremonies of [here church 1
or denomination to be inserted] by [banns or licence']. j   as the
or, J.   case
Married at , by civil contract, by A. B., Registrar of the District I maybe
of j
This marriage was      1 A. B. •  In the        \E. F.
solemnised between us   j C. D.       presence of us j'G. If.
(Signature of the Minister, Clergyman,
or Registrar, as the case may be) BBITISH   COLTTMIIBIIA-
9:
HO
CJQ
An Ordinance for regulating the amount
application of the Fees to be taken in the Supreme
Court of Civil Justice from suitors therein.
[llth April, 1865.]
"ITTBLEBEAS, it is expedient to define the amount of Fees to be taken Preamble.
VV    by tbe Officers of the Supreme Court of Civil Justice of British
Columbia in all civil actions pending therein, and also to provide for the
appropriation and disposal of the same;
Be it enacted by the Governor of British Columbia, by and with the
advice and consent of the Legislative Council thereof, as follows:
I. From and after the time of this Ordinance coming into operation, Fees to be taken as describ-
the Officers and Clerks of the said Supreme Court or of any Judge there-ed in Schedule.
of, shall, for all matters mentioned or referred to in the Schedule hereto,
take and receive the fees respectively in that behalf mentioned or referred to in the said Schedule, and no other; and all such fees (except fees for
office copies) shall be accounted for and paid in by such Officers and
Clerks respectively into the Treasury.
II. The Judge of the Supreme Court may, from time to time, subject District Registrars how ap-
to   the'  approval   of the   Governor,   appoint,   remove,   and   replace pointed.
persons to act as District Begistrars in such parts of the Colony
as he shall think fit, according to such directions as he shall
think proper.
Ill .All fees for office copies shall be taken to the proper use of the Fees for office copies.
Officer by whom or under whose authority the same office copies shall
be made or certified.
IV. All duties which in England may be performed by the Accountant Registrar of Supreme Court
General, may in this Colony, until an Accountant General of the Su- may   act as  Accountant
preme Court shall be appointed, be performed by the Judge of the Supreme General, &c, &c, for the
Court; but no fees or percentage shall be taken in respect thereof; and time beills-
all duties which in England may be performed in any of the Superior
Courts of Common law, by any Associate, Master,  or Chief Clerk
of any such Courts, or of any Judge therein;  or in the High Court f
of Chancery by any Chief Clerk, Master, Begistrar, Examiner,
Becord and Writ Clerk, Taxing Master, or Secretary; or in
Bankruptcy by any Begistrar or Official Assignee; or in Lunacy
or in the Court of Probate, by any Begistrar, Becord Keeper, Sealer, Secretary, or Clerk, may lawfully be done in this Colony by any person appointed
to act as Begistrar of the Supreme Court of Civil Justice. Provided, always,
that it shall be lawful for the Governor, at any time hereafter by instrument in
writing, to appoint some other person to perform any of the functions authorized
in this section, to be performed by the Judge and Begistrar of the Supreme
Court respectively, with such provisions and directions as to salary and otherwise as he shall think fit.
V.Forallmattersandproceedings,notmentionedintheSchedulehereto, Pees not mentioned in
for which fees are chargeable under the English practice, the same fees Schedule to be charged_ac-
and duties shall be chargeable and paid hereunder as are now payable cording to English practice.
under such practice.
w Schedule.
Date of operation.
Short Title.
VI. The Schedule hereto annexed shall be part of this Ordinance.
VH. This Ordinance shall have force from the first day of January, 1865,
as to the application of fees; and from the first day of May, 1865, as to the
amounts to be taken.
V1TI. This Ordinance shall be cited as the " Supreme Court Fees Ordinance,
1865 "
Passed the Legislative Council the 4th day of April, A. D. 1865.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member>
Assented to, in Her Maiestv's name, this eleventh dav of April, 1865.
FBEDEBICK SETMOTJB,
Governor.
SCHEDULE.
FEES TO BE TAKEN IN COMMON LAW AND CHANCERY PROCEEDINGS
£
Every writ (except writ of trial or subpoena)        ... ... ...
Every concurrent, alias, pluries or renewed writ...
Everv writ of trial
Every writ of subpoena before a judge or master ...
,, ,, before the sheriff...
Every appearance entered .».
Filing every affidavit or other proceeding
Amending every writ, or other proceeding
Every ordinary rule ....        ... ... ... ... ...
Every special rule^ not exceeding 6 folios
,, p     exceeding 6 folios, per folio
Note.—Plans., sections, &c, accompanying rules to be paid for by the
party taking the rule, according to the actual cost.
Every judgment by default
Every final judgment, otherwise than judgment by default...
Taxing every bill of costs, not exceeding 3 folios ....
,, ,, exceeding 3 folios, when taxed as between party and
party, per extra folio
,, ,, same as between attorney and client, per folio
Every reference, inquiry, examination, or other special matter, referred to the
master, for every meeting not exceeding one hour
For every additional hour or fraction thereof  ....        . —
For payment of money into Court, viz:
For every sum under £50
Over £50 and under £100
Over =1:100.... ... .... .... .... ... ... ...  1
Every certificate
All office copies of documents, per folio....
Every search ...
Every affidavit, affirmation, &c, taken before the Registrar
Every allowance and justification of bail  .... ... ... ....
For taking special bail as a commissioner ... ,
Filing affidavit, and inrolling articles previous to the admission of_an attorney 1
Every re-admission of an attorney .... ... .... ... .... 5
Every record of Nisi Prius, entered for trial ... .... .... .... 1
Every trial of a cause from plaintiff        ... ... .... ... ... 1
,, ,, from defendant
,, ,, if the trial continues more than one day, then for every
other day, from plaintiff and defendant, each
Returning the postea   ...
Every cause made remanet, at the instance of the parties, to be paid by plaintiff or defendant, as the case may be   ...
Every cause withdrawn, to^be paid by the party at whose instance it is withdrawn
Reentering every record of nisi prius, made remanet, &c...
Every reference, from plaintiff and defendant, each
Every amendment of any proceeding whatever    ...
Every order or certificate
Every special case, or special verdict, in addition to the charge for ingrossing
and copying at the.rate of [Is.] per folio, from plaintiff and defendant, each
Every summons to try an issue before the sheriff   	
Every other summons whatever, whether in term or vacation 	
Every order to try an issue before the sheriff.    	
Every other order whatever of an ordiuary nature   	
10    0
10    0
0    0 Every order of a special nature, such as*: reference to arbitration, or attendance of witnesses at arbitration; service of process on person resident
abroad; reference to the master to fix sum for final judgment; revival of
judgment, and the like               T
Every fiat, warrant, certificate, caveat, special case, special verdict, or the like       7
Every affidavit, affirmation, &c, whether in term or vacation, each deponent       4
Every admission of an attorney        5   0
Every commission for taking affidavits or special bail, ingrossing and sealing.. 1  10
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Every other commission for any purpose whatever ingrossing and sealing... 15
Every acknowledgment by married women               10
Office copies of judge's notes, or of any other proceeding whatever, per folio        1
Every cognizance or bond of any description whatever             15
Every allowance of writ of error            10
Bail on cepi corpus, habeus corpus, error or ejectment               4
Delivering bail piece off the file, or justification of bail              4
Every committal                 5
Every exhibit signed by judge                1
Producing judge's notes               6
Bill of exceptions signed by judge             5
Crown Revenue cases, from defendant             5
Attendance as a commissioner to take affidavit, &c, or at a judge's house, or
elsewhere, at request of parties       1 10   0
In cases where the party has been allowed to sue in forma pauperis, the fees are
not to be demanded or taken, nor in cases where such fees would be payable by
any Revenue or other Government Department.
All other fees than those before mentioned are hereby abolished, and are not to be
taken by any person under any pretence whatever.
IN BANKRUPTCY.
The Fees to be taken in all parts of the Colony should be the same as those taken in
England, as authorized by Schedule C. to the Act 12 & 13 Vic, c. 106, s. 48, and by
the General Order in Bankruptcy, 31st May, 1850, and rule 130 as to the allowances to
the Official Assignee for collecting the Bankrupt's estate.
But the Judge may, on application, certify for a larger allowance on collections,
where he shall be satisfied that the allowances authorized as aforesaid do not cover the .
actual expense, and no Official Assignee shall in such case retain more than the amount
so certified.
IN LUNACY.
Such fees as are directed bythe Act of the Imperial Parliament, 16&l7Vic. 70,s.31.
IN PROBATE.
[See Act of 1857, s. 95.]
Generally as to all proceedings on all instruments and attestations to which the Seal
of the Court shall be attached, either necessarily or at the request of the party, a fee of
4s. shall be taken, unless such instrument be already under this Ordinance chargeable
with a fee (other than office copy fees) of the like or larger amount.
All office copies made or certified by the proper officer shall be charged at the rate of
Is. per folio of every 72 words.
In all payments, all coins may be accepted at the rates at which the same may actually be current at the place of payment.  BK/ITISBC   COLTJMBIA.
tf.
No. 23.
An Ordinance respecti
prisonment for Debt.
2*
arrest and im-
[llth April, 1865.]
Be it enacted by the Governor of British Columbia, by and with the
advice and consent of the Legislative Council thereof, as follows:
1. No person shall be arrested or imprisoned on any judgment
whatsoever recovered against him as a debtor at' the suit of any person, and any person under arrest or imprisonment, or order therefor
at the time of the passing of this Ordinance, on any such judgment
shall, if not already discharged, be within 15 days after the passing of
the same discharged from such arrest or imprisonment or order therefor; but notwithstanding such discharge, every such person shall be
subject to be arrested again, as hereinafter provided.
2. Process of contempt for non-payment of any sum of money, or for
non-payment of any costs payable by any decree or order in Chancery,
is abolished; and no person shall be detained, arrested or held to bail
for non-payment of money, except as hereinafter mentioned, and unless a
epecial order for the purpose be made on an affidavit establishing the
same facts and circumstances as are necessary for obtaining a writ of
capias ad satisfaciendum under this Ordinance, and in such case the arrest
when allowed shell be made by means of a writ of attachment corresponding as nearly as may be to a writ of capias ad satisfaciendum.
3. In cases in which the defendant has been held to special bail upon
a writ of capias ad respondendum, or upon a writ of ne exeat regno, issued on
a Judge's order, it shall not be necessary after judgment signed or
decree made, before suing out a writ of capias ad satisfaciendum
or a writ of attachment, to obtain a Judge's order for the issuing
thereof, or to make or file any further or other affidavit than that
upon which the order authorizing the defendant's arrest was obtained in the first instance; but where the defendant has not been so held to
special bail, if the plaintiff in the action by the affidavit of himself or
some other party shows to the satisfaction of a Judge of the Supreme
Court of Civil Justice, or if the case be in a County Court shows to the
Judge or acting Judge of such Court, that he has recovered judgment or
obtained a decree for the payment of money against the defendant for
the sum of twenty pounds or upwards exclusive of costs, and also by
affidavit shows such facts and circumstances as satisfy the Judge that
there is good and probable cause for believing either that the defendant,
unless he be forthwith apprehended is about to quit this Colony, with intent to defraud his creditors generally or the said plaintiff in particular,
or that the defendant hath parted with his property, or made some secret or fraudulent conveyance thereof, in order to prevent its being taken
into execution, such Judge may, by a special order, direct that a writ of
capias ad satisfaciendum or a writ of attachment as the case may be, may
thereupon be issued according to the practice of the Courts in which the
proceedings in the first instance have been instituted.
Imprisonment for Debt
shall cease.
Contempt for non-payment of costs, and arrest
for non-payment of money abolished save as
here excepted.
The affidavit for special
bail on a ca re shall suffice for a ca sa.
Where fraud proven a ca
sa may issue.
W Sheriff may take a limit
bond, and on its allowance by Judge is discharged from liability.
Surety to swear to qualification.
Judge's allowance how
obtained.
On receipt of limit bond
Sjieriff may release prisoner.
But may re-arrest.
Which   shall   discharge
sureties.
Assignment of limit bond
on breach.
Sureties may surrender
prisoner.
Fifa raiy still issue, after the Ca sa
4. The Sheriff may take from any debtor confined in any gaol of
this Colony in execution under this Ordinance, or upon Mesne process
a bond with two or more sufficient sureties, to be jointly and severally
bound in a penalty of double the amount for which such debtor is so confined, conditioned that such debtor shall abide and remain within the
limits of the Colony and shall not depart therefrom, unless duly discharged from custody in the suit or matter upon which he is so confined, and
also that such debtor will, during all the time that he is subject to such custody, observe and obey all notices, orders or rules of Court touching or
concerning such debtor, or his answering interrogatories, or his appearing to be examined viva voce, or his returning and being remanded into
close custody, and that upon reasonable notice, to them or any of them,
requiring them so to do, they will produce such debtor forthwith to
the Sheriff, and also that the said debtor will cause the said bond,
or the bond that may be substituted for the same, according to the
provisions hereinafter contained, to be allowed by a Judge of the Supreme Court of
Civil Justice or of the County Court of the District wherein the debtor is confined, and
such allowance to be endorsed thereon by the said Judge; and for this purpose, the
Sheriff shall, upon reasonable notice given by the debtor, cause such first mentioned
bond to be produced before the Judge, and upon such allowance being so endorsed, toe
Sheriff shall be discharged from all responsibility respecting such debtor, unless the
debtor be again committed to the close custody of such Sheriff in due form of law.
5. The Sheriff may also require each surety, when there are only two, to make oath
in writing, to be annexed to the bond, that he is a freeholder or householder in some part
of the Colony, stating where, and is worth the sum for which the debtor is in custody
(naming it), and one hundred pounds more, over and above what will pay all his debts,
or where there are more than two sureties, then he may require each surety to m5ko
oath as aforesaid, that he is a freeholder or householder as aforesaid, and is worth one
half the sum for which the debtor is in custody (naming it) and one hundred pounds
more, over and above what will pay all his debts.
6 The application for the allowance aforesaid shall be by motion of the debtor, and four
clear days' notice thereof shall be given in writing to the Plaintiff, his Counsel, or Attorney, who a:
the time of such motion may object to the sufficiency of the sureties; and if the. Judge refuses his
allowance of the bond, then the debtor may cause another bond made to the Sheriff in the same1 •
terms and under the same conditions, to be executed, without any further application to the
Sheriff; and may move in like manner and upon the like notice fbr the allowance thereof; and
such bond if allowed and endorsed as aforesaid, shall be substituted fbr, and take place of, and
have the like effect in all respects, and the like remedies shall be had thereon, as the
bond so first given to the Sheriff as aforesaid would have had upon the allowance
thereof, and such first given bond shall thereupon become void.
7. Upon receipt of such bond, accompanied by an affidavit of a subscribing witness of the
due execution thereof, and by the sureties' affidavits of solvency if required by the Sheriff, the
Sheriff may permit and allow the debtor to go out of close custody in gaol into and upon the
limits of the Colony.
8. In case the Sheriff has good reason to apprehend that the sureties or any of them have,
after entering into such bond, become insufficient to pay the amount by them severally sworn to,
he may again arrest the debtor and detain him in close custody.
9. The sureties of the debtor may plead such arrest and detention in bar of any actiop
brought against them upon the bond entered into by them, and such plea, if sustained
in proof, shall wholly discharge them from such action ; and the debtor may again obtain the benefit of the gaol limits on giving to the Sheriff a new bond with sureties as
aforesaid.
10. Upon breach of the condition of any such bond, the party, at whose suit the
debtor is confined, may require the Sheriff to assign the same to him, and such assignment shall be made in writing, under the seal of the Sheriff, and attested by at least
one witness, and the assignee of the Sheriff or the executors or administrators of such
assignee, may maintain an action in his or their own names upon such bond, which
action the Sheriff shall have no power to release, but upon executing such assignment
at such request, the Sheriff shall be thenceforth discharged from all liability oh account
of the debtor or his safe custody.
11. The sureties of any such debtor may surrender him into the custody of the Sheriff
at any gaol within the Colony, and the Sheriff, his Deputy or Gaoler shall there receive such
debtor into custody and the sure ties may plead such surrenderor an offer to surrender, and
the refusal of the Sheriff, his Deputy or Gaoler to receive the debtor into Custody at the
gaol, in bar of any action brought on the bond for a breach of the condition happening
after such surrender or tender and refusal, and such plea, if sustained in proof, shall
discharge them from the action, but such debtor may again obtain the benefit of the
limits on giving to the Sheriff a new bond, with sureties as aforesaid.
12. Except as-provided in this Ordinance, the party at whose suit any debtor is confined in execution, may, whenever such debtor has taken the benefit of the limits sue
out a writ of fieri facias against his lands or goods, notwithstanding such debtors having
been charged in execution, and such writ shall not be stayed, but shall be proceeded
with until executed, although such debtor be re-committed to close custody ; but the
wearing apparel of the debtor and that of his family, and their beds and bedding' and
household utensils, not exceeding together the value often pounds, and the tools and
implements of the trade of such debtor, not exceeding in value ten pounds shall be
protected from such writ offieri facias. 13. Any person arrested or imprisoned under a writof capias ad satisfaciendum or under a writ of attachment under this Ordinance, may apply for and obtain his discharge
upon showing under oath to the satisfaction of the Judge of the Court from which such
writ has issued, that he has satisfied the debt or that he has no property wherewith to
pay his execution creditor, and that he is not about to leave the Colony, and that he
has not made any fraudulent disposition or conveyance of bis property, or any portion
thereof, with intent to defeat or delay such creditor or his creditors generally; provided, however, that reasonable notice in writing of such intended application shall when
practicable be given by such debtor to his execution creditor; and in cases when service of such notice is impracticable or difficult such proceeding shall be taken as may,
in the discretion of the Judge, be ordered in that behalf.
14. None of the foregoing provisions relative to the discharge from custody or admission to bail, shall extend or be applicable to any persons who are in custody upon
any criminal charge.
15. In case any party has obtained a judgment or decree for the payment of money in
the Supreme Court of this Colony, such party or any person entitled to enforce such
judgment or decree may apply to a Judge of such Court for a rule or order that the judgment debtor shall be orally examined upon oath before him,or before any other person to
be named in such rule or order, touching his estate and effects, and as to the property
and means he had when the debt or liability which was the subject of the action in
which judgment has been obtained against him was incurred, and as to the property and
means he still hath of discharging the said judgment, and as to the disposal he may
have made of any property since contracting such debt or incurring such liability; and
in case such debtor does not attend as required by the said rule or order and does not
allege a sufficient excuse for not attending, or if attending, he refuses to disclose his
property or his transactions respecting the same, or does not make satisfactory answers
concerning the same, or if it appears from such examination or otherwise that such
debtor has concealed or made away with his property, or any part thereof, in order to
defeat, delay, or defraud his creditors or any of them, such Judge may order such debtor
to be committed to the common gaol of the district in which he resides for anytime not
exceeding twelve calendar months, or may, by rule or order direct that a writ of capias
ad satisfaciendum or writ of attachment, as the case may be, be issued against such debtor, and a writ of capias ad satisfaciendum may thereupon be issued on such judgment, or
in case such debtor enjoys the benefits of the gaol limits, such Judge may make a
rule or order for such debtor being committed to close custody.
16. In case of the discharge under this Ordinance of any person arrested or imprisoned under a writ of capias s.d satisfaciendum or under a writ of attachment, all the rights
and remedies of the judgment creditor againstthe property of the judgment debtor shall
be the same as if such writ of capias ad satisfaciendum or writ of attachment had never
i ssued or been executed, and the costs incidental thereto shall be costs in the cause.
17. This Ordinance shall be cited as the "Imprisonment Exemption Ordinance, 1865."
Passed the Legislative Council the 7th day of April, A. D. 1865.
Charles Good, Arthtjb N. Bibch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this eleventh day of April, 1865.
FREDERICK SEYMOUR,
Governor.
Discharge from ca sa how
obtained.
Criminals not entitled to
discharge.
Examination of judgment
debtor.
Discharge of prisoner under a ca sa not to affect
creditor's other remedies
Short Title  BK/ITISS:   COXjTJDVCBI^.
f.
s.
No, 24.   An Ordinance respecting the Salary of the
Office of Governor.
[llth April, 1865.]
WHEREAS, by th<
i Crown Officers' Salaries Act, 1863," the minimum annual Salary of the Governor of British Columbia, was
permanently fixed at Three thousand pounds, with allowances;
And, whereas, the Legislative Council of British Columbia, by unanimous resolution duly passed on the 7th day of March, in the year of Our
Lord one thousand eight hundred and sixty-five, prayed that owing
to the decided progress that had taken place in the Colony, and to the
increased responsibilities that had therefore devolved upon the head of
the Executive, the Salary of the Governor might be increased One thousand pounds, and that an Ordinance might be sent- down to the Council
to enable the said increase to be duly made; and that the same might
be embodied in the permanent Law above referred to;
And, whereas, it is expedient that such resolution should be carried
into effect;
Be it er/acted 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, it shall be lawful for
Her Majesty, Her heirs and successors at all times hereafter out of the
General Revenue of the Colony of British Columbia, from whatever
source arising, to take, pay, and apply to the Governor of British Columbia, in addition to the said minimum annual payment of Three thousand
pounds, with allowances, the further annual sum of One thousand
pounds Sterling.
II. Provided that no payment shall be made hereunder as aforesaid,
until Her Majesty's confirmation of this Ordinance shall have been first
duly proclaimed.
III. This Ordinance shall be cited as the "Crown Officers' Salaries
Extension Ordinance, 1865."
Passed the Legislative Council this 8th day of April, A. D. 1S65.
Charles Good,, Arthur N. Birch,
Clerk. Presiding Member.
Assanted to, in Her Majesty's name, this eleventh day of April, 1865.
FREDERICK SEYMOUR,
Governor.
Preamble.
Authorizes   increase
Salary of £1000.
to
Suspending Clause.
Short Title.  BRITISH   COLUMBIA
f.
1-
^s?^
No. 25.    An Ordinance to facilitate the creation of
Ports of Entry in British Columbia.
[llth April, 1865.]
WHEREAS, it is necessary for the purposes of commerce to   Preamble.
empower the Governor to create Ports of Entry in the
Colony;
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 the date of the passing of this Ordinance it shall be Governor may create Ports
lawful for the Governor, by Proclamation under his hand and of Eatl>'b? Proclamation.
seal, published in the  Government Gazette, to constitute, erect,
and appoint any Ports in the Colony to be Ports of Entry, to
the extent named in such Proclamation, and from time to time
by Proclamation similarly promulgated, to limit, vary, abolish
or renew any Ports of Entry so created, as in the discretion of
the Governor may seem meet.
II. This Ordinance shall be cited as '-The Port of Entry    Short Title.
Ordinance, 1865."
Passed the Legislative Council this 8th day of April, A. J). 1865.
Charles Goon, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this eleventh day of April, 1865.
FREDERICK SEYMOUR,
Governor.  bir/ttisih: Columbia.
8.
,''-•36'   ^^~-- T', »».v^»"*^   «n
No. 26.   An Ordinance to declare the
reign Suits and Actions,
of
[llth April, 1865.]
[JHEREAS, it is expedient to limit the time within "which suits or    Preamble,
actions may be maintained on causes thereof arising elsewhere
than in British Columbia;
Be it therefore enacted by the Governor of British Columbia, by and
with the advice and consent of the Legislative Council thereof as follows:
I. No civil action or suit instituted after the passing of this Ordinance
Bhall be maintained on any cause of suit or action arising elsewhere than
in this Colony, or any foreign judgment, decree, or order against any
person who shall have been resident in British Columbia for a space of
three years subsequent to the date of such cause of suit or action arising,
or of such judgment, decree, or order.
II. No suit or action shall be hereafter maintained in this Colony
against any person here resident, in respect of a cause of action or suit
which has arisen in a foreign country, wherein the person so sued shall
have been resident at the time when such cause of action or suit shall
have first arisen, if the remedy thereon in such foreign country is barred
by any statute for the limitation of actions therein; and any person so
pleading such foreign law in the eases mentioned shall be entitled to the
benefit thereof, upon giving evidence of the expiration of the period
therein prescribed, irrespective of the question whether he has or has
not remained during the entire period of such limitation in such foreign
country, and notwithstanding any provisions in such foreign statute contained limiting the benefit thereof to those who have continued in the
said country during the full term of the period of limitation.
III. This Ordinance shall be cited as the "Limitation of Foreign Ac-   Short Title,
tions Ordinance, 1865."
Passed the Legislative Council the 10th day of April, A. D. 1865.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this eleventh day of April, 1865.
Limits foreign suits to 3
.years.
Suits arising in a foreign
country cannot be maintained in British Columbia against any one therein, having been resident
in such foreign country
when the suit first arose,
if the remedy was therein barred by limitation
of actions.
FREDERICK SEYMOUR,
Governor.  EE/ITISII   COLTTIVIIBI.A..
8.
BPpsbP'
$.
No. 27. An Ordinance for regulating the acquisition
of land in British Columbia.
[llth April, 1865.]
WHEREAS, it is expedient to amend aud consolidate the laws af- Preamble,
fecting Lands in British Columbia, and for that purpose to
repeal, alter, and re-enact certain portions of the existing laws affecting the same;
Be it enacted by the Governor of British Columbia, by and with
the advice and consent of the Legislative Council thereof, as follows:
1. The Proclamation passed on the 14th February, 1859, except Kepeais certain Acts,
the portion thereof after clause 9, which refers to the Capital of
British Columbia; the Mining District Act, 1863; and the Preemption Consolidation Act, 1861, are hereby repealed.
2. Such repeal shall not be construed to prejudice or affect any Saving of existing rights,
rights actually existing to or in respect of any land in this Colony at
the date of this Ordinance, or to revive any provisions of any Acts
or Proclamations heretofore repealed.
3. All the lands in British Columbia, and all the mines and min- Crown Lands,
erals therein, not otherwise lawfully appropriated belong to the
Crown in fee.
4. The upset price of surveyed lands not being reserved for the Upset price of land 4s. 2d.
sites of towns or the suburbs thereof, and not being reputed to bePer acre-
mineral lands, shall be four shillings and two pence per acre.
5. The Governor shall at any time, and for such purposes as he Reserves.
may deem advisable, reserve any lands that may uot have been
either sold or legally pre-empted.
6. Except as aforesaid, all the land in British Columbia will be aii land to be offered for
exposed in lots for sale, by public competition, at the upset pricesale at public auction.
above mentioned, after the same shall have been surveyed and made
ready for sale. Due notice shall be given of all such sales; notice
at the same time shall be given of the upset price and terms of payment when they vary from those above stated, and also of the rights
specially reserved (if any) for public convenience.
7. All lands which shall remain unsold at any such auction may ^^ unson at auction
be sold by private contract at the upset price and on the terms and may be purchased by preconditions herein mentioned, on application to the Chief Commis-vate sale-
sioner of Lands and Works and Surveyor General, or other person
for the time being duly authorized in writing by the Governor in
that behalf.
8. Unless otherwise specially notified at the time of sale, all Saves public rights.
Crown Lands sold shall be subject to such public rights of way
as may at any time after such sale be specified by the Chief Commis-
/ m
^
sioner of Lands and Surveyor General, and to such private rights of
way, and of leading or using water for animals, and for mining and
engineering purposes, as may at the time of such sale be existing.
Conveyance to include ev-    9. Unless otherwise specially announced at the time of sale, the
erything but precious met- conveyance of the land shall include all trees and all mines and
als- minerals within and under the same (except mines of gold and sil
ver).
ALIENS.
10. Aliens who have foot taken the -oath of allegiance may not
pre-empt but may purchase any pre-empted or other lands lawfully
open to sale.
Aliens now holding land H* Provided that it shall be lawful for the Governor, by any wri-
may be confirmed in pos- ting under his hand, to confirm aliens at present in possession of
session thereof. lands which are either pre-empted or purchased by them and for
which they hold the necessary certificate of improvement.
Aliens may not pre-empt
Who may pre-empt land.
PRE-EMPTION.
12. Prom and after the date hereof British subjects, and aliens
who shall take the oath of allegiance to Her Majesty, Her heirs and
successors, may acquire the right to pre-empt and hold in fee simple unoccupied and unsurveyed and unreserved Crown Lands not
being the site of an existent or proposed town, or auriferous land
available for gold or silver mining purposes, or an Indian reserve
or settlement, under the following conditions:
Permission to be obtained 13. The person desiring to acquire any particular plot of land of
from Magistrate of District, the character aforesaid, shall, before entering into possession thereof,
obtain from the Stipendiary Magistrate of the District permission in
writing to enter on and pre-empt certain lands, to be specified in
writing by the applicant.
14. If the Magistrate see no objection thereto, the person so wish-
Rules to be
pre-empting
ceeding 160 acres.
observed  in
land
Record Fee.
Record.
"Record Certificate
Leave of absence.
Notice
'sequei
to be
Notice a bar to other
plications.
not ex- ing to pre-empt shall, within seven days after such permission, enter
into possession of such land by placing at the corners of the land
four posts marked with his name or some other distinguishing name,
and shall apply in writing to record his claim, to any quantity not exceeding 160 acres thereof, with the Stipendiary Magistrate of the Dis-
trict; paying to the said Magistrate the fees hereinafter mentioned.
15. If the land applied for has. not been previously recorded the
Magistrate shall forthwith, upon receiving with such application a
fee ot eight shillings and four pence, enter and record the application, and give to the applicant a certificate of such record to be called "The Record Certificate," with leave of absence from his claim
without forfeiting the same, for such period not exceeding six
months as the Magistrate of the District may in his discretion decide, for the purpose of procuring tools, seeds, and other necessaries.
reviously 16. If the land has been previously recorded the Magistrate, upon
receipt of a fee of four shillings and two pence, shall make an entry
in his books of the date, name, and particulars of such application,
and shall give to such applicant, who shall cause to be affixed to the
door of the Court House, and some conspicious part of the land in
questiou, a notice in writing that unless, within one calendar month
next ensuing the date of so affixing such notice any prior claimant (if
any) to any of the same land shall shew cause to the satisfaction of
such Magistrate why any of the ground then applied for should not
be recorded in the name of the said applicant, the said claim will be
so recorded.
17. Such publication of notice shall, during such month, operate as a bar to all subsequent applications for the ground covered by such application.
m of sul 3
gistrate of the District of the sum of two shillings and
for the same, as by way of instalment of the
18. At the expiration of such month, if such cause shall not
be shewn, the Magistrate shall record the claim in the name of the
said applicant, and upon receipt of afee of four shillings andtwo pence
shall grant a certificate under his hand of such record to the applicant, and preserve a duplicate thereof in his office.
19. Such certificate shall specify the conditions under which the
land included therein shall be held, and may be pleaded in bar to
all previous claims (if any) in respect of or against any of the said
■ land.
20. Any person in possession of 160 aeres of land as aforesaid,
may acquire the right to pre-empt and hold any further tract of un-
surveyed. and unoccupied land contiguous thereto, not exceeding 480
acres (and no more either directly or indirectly save with the express
sanction in writing of the Governor in that behalf) over and above
the quantity of 160 acres aforesaid, upon the payment to the Stipen
diary
one penny per acre
purchase money to be ultimately paid to the Government, after the
survey of the same land.
21. If such land shall not have been previously recorded, any person so paying such deposit shall forthwith enter into possession, and
if previously recorded, after one month's notice as aforesaid, and,
cause to the contrary not shewn, record his claim to such last mentioned tract of land and enter into possession in manner hereinbefore prescribed.
22. The claimant or applicant shall in all cases make his application in writing, and give the best possible written description of the
land, to the Stipendiary Magistrate of the District to whom he applies
to record his claim, togetherwith a proper plan thereof, and identify
the plot in question by pointing out the position of the said posts,
and by stating in his description any other land marks of a noticeable character; and all such plans and descriptions shall be in duplicate.
23. Every piece of land sought to be acquired under the provisions
of this Ordinance, shall, save as hereinafter mentioned, be of a rectangular shape, and the shortest line thereof shall be at least two-thirds
the length of the longest line.
24. Where the land sought to be acquired is in whole or m 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 th'e boundaries of the land sought to be acquired,
and in.such case it shall be sufficient for the claimant to show to the
satisfaction of the Stipendiary Magistrate of the District, that the
said form conforms as nearly as circumstances permit to the provisions of this Ordinance.
25. If the land sought to be acquired be bounded by land already
pre-empted or surveyed, the 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.
26. Where a piece of land is partially'or entirely enclosed between
two or more claims, the claimant may acquire such enclosed piece
notwithstanding any irregularity of form, or disproportion in length,
of any of the sides.
27. The boundaries shall run as nearly as possible by the cardinal
points of the compass.
28. When the Government shall survey the land claimed, the
claimant who has recorded his claim as aforesaid, or his heirs orde-
visees,or in the case of the grant of a certificate of improvement
Land may be re-recorded
at the expiration of a month.
Certificate of such record
bars prior claim.
Over 160 acres how to be
pre-empted.
Rules  to  be  observed
this case.
G-eneral rules to be observed in pre-empting.
Rectangular shape, or as
nearly as possible proportion of the lines.
Natural boundaries may be
adopted in certain cases.
Lines  of adjacent  claims
may be adopted.
Enclosed spaces may b«
adopted, notwithstanding
any irregularity of shape.
Boundaries to run as nearly
as possible according to the
points of the compass.
When pre-empted land may
be purchased. Certificate of improvement
requisite.
Certificate of improvement
to be issued when improvements have been made to
the extent of 10s. per acre.
When Certificate of improvement has been issued
the holder may sell or deal
with the land.
Conveyance    upon    what
conditions.
Rules to be observed in applying for a Crown grant.
hereinafter mentioned, the assigns of such claimant shall, if he or
they shall have been in continuous occupation of the same land from
the date of the record aforesaid be entitled to purchase the land so
acquired, or in respect of which such deposit shall have been paid as
aforesaid, at such rate as may for the time being be fixed by the
Government of British Columbia, not exceeding the sum of 4s. 2d.
per acre.
29. No person shall be entitled to receive a grant of such land until he shall have received from the recording Magistrate a certificate
of improvement as in the Schedule hereto, m respect to such land.
30. When the claimant, his heirs or devisees, shall prove to the
Stipendiary Magistrate of the District, by the evidence of himself
and of third parties, that he or they has or have continued in permanent occupation of the claim from the date of record, and has
or have made permanent improvements thereon to the value of 10s.
per acre, the said Magistrate shall grant to the said claimant, his heirs
or devisees, a certificate of improvement in the form in the Schedule hereto.
31. Upon the grant of the certificate of improvement aforesaid, the
person to whom the same is issued may, subject to any unpaid instalment, sell, mortgage, or lease .the land in respect of which such certificate had been issued, but no interest in any plot of land acquired
in either of the methods aforesaid, shall, before payment of the purchase money, be capable of passing to a purchaser, unless the vendor
shall have obtained such certificate of improvement as aforesaid.
32. Upon payment of the purchase money after the survey and
continuous occupation, and the notice required under this Ordinance,
a conveyance of the land purchased shall be executed in favor of the
purchaser excepting the precious minerals with a right to enter and
work the same in favor of the Crown, its assignees and licensees, with
power to the Crown to take such portions of such land as it may find
necessary for roads, bridges and ferries, and public purposes.
33. No pre-emptor shall be entitled to receive a Crown grant of
his pre-emption claim, unless he shall shew to the satisfaction of the
Magistrate of the District, that before applying for such grant he has
caused a written or printed notice of his intention to apply for such
grant, to be posted in some conspicuous part of his own and the
adjacent  pre-emption   claims,  (if any,) and on the Court House
of the district, without any
valid opposition to his claim being sub-'
Priority of title.
Cancellation of claim on
permanent cessation of occupation.
Deposits and improvements
forfeited on cancellation.
Magistrate's   decision  ap.
pealable.
Security on appeal.
stantiated.
34. Priority of title shall be obtained by the person who, being in
possession, shall first apply and record his claim in manner aforesaid.
35. Whenever any person shall permanently cease to occupy land
acquired in either of the methods aforesaid, the Stipendiary Magistrate of the District may, in a summary way, on being satisfied of
such permanent cessation, cancel the claim of the person so permanently ceasing to occupy the same, and record the claim thereto of
any other person satisfying the requisitions aforesaid.
36. All deposits paid in respect of such forfeited claims, and all
improvements, buildings and erections thereon, shall, (subject to the
appeal hereinafter mentioned,) on such cancellation, be absolutely
forfeited; and such claims, improvements, buildings and erections
shall, subject to the appeal hereinafter mentioned, be open to settlement by any other person.
37. The decision of the Magistrate maybe appealed by either party
to the decision of the Supreme Court of Civil Justice of British Columbia.
38. Any person desirous of appealing in manner aforesaid, may
be required before such appeal be heard, to find such security as may be pointed out by the Magistrate, whose decision is appealed
against, but such appeal shall be made within one calendar
month after the decision complained of, and after security to the satisfaction of the Magistrate shall have been given for the due prosecution of such appeal and submission thereto.
39. Whenever a person shall have duly recorded as aforesaid, and Ejectment or tresspass by
he, his heirs or (in case of a certificate of improvement) his assignees holder.
shall have continued in permanent occupation of the same land since
the date of such record, save for the two months hereinbefore mentioned, he or they may (save where herein otherwise mentioned),
bring ejectment or trespass against any intruder upon the same land
to the same extent as if he or they were seized of the legal estate in
possession in the same land.
40. Nothing herein contained shall be construed as giving a right Saves miners' rights.
to any claimant to exclude free miners from searching for any of
the precious minerals or working the same, but in case of any entry being made upon lands held as aforesaid, full compensation shall
be made, or adequate security therefor be given, to the satisfaction
of the Stipendiary Magistrate of the District, prior to such entry to
the occupant for any loss or damage he may sustain by reason of
any such entry; such compensation to be determined by the Stipendiary Magistrate or Gold Commissioner of the District, with or without a jury of not less than five, in the discretion of such Magistrate
or Commissioner.
41. The Government shall, notwithstanding any claim, record, or Power to 'Government to
conveyance aforesaid, be entitled to enter and take such portion of re-take land for public pur-
the land acquired in either of the methods aforesaid, as may be re- P°ses-
quired for roads, bridges, and ferries, without compensation, or for
other public purposes, on paying reasonable compensation for the
same.
42. No person shall be entitled to hold at the same time two one claim only can be pre-
claims by pre-emption, and any person so pre-empting more than empted.
one claim, shall forfeit all right, title, and interest to the prior claim
so recorded by him.
43. In case any dispute shall arise between persons, with regard Disputes how arranged.
to any land so acquired as aforesaid, any one of the parties in difference may, before ejectment or action of trespass brought, refer
the question in difference to the Magistrate of the District, who is hereby authorized to proceed in a summary way to restore the possession
of any land in dispute, to the person whom he shall deem entitled
to the same, and to abate all intrusions, and award and levy such
costs and damages as he may think fit.
WATER,
44. Every person lawfully occupying and bona fide cultivating Ruies for diverting water.
lands may divert any unoccupied water from the natural channel of
any stream, lake or river adjacent to or passing through such land
for agricultural and other purposes, upon obtaining the written authority of the Stipendiary Magistrate of the district, for the purpose
and recording the same with him, after due notice, as hereinafter
mentioned, specifying the name of the applicant, the quantity sought
to be diverted, the place of diversion, the object thereof, and all such
other particulars as such Magistrate may require.
45. Previous to such authority being given, the applicant shall Notice to be given,
post up in a conspicuous place on each person's land through which
it is proposed that the water should pass, and on the district Court
house, notices in writing, stating his intentions to enter such land,
and through and over the same to take and carry such water, specifying all particulars relating thereto, including direction, quantity,
purpose and term. 6
Priority of right.
Rieht of entry on land.
Disputes   settled with
without jury.
Non-attendant jurors may
be fined.'
Water for mining purposes
may be taken.
Land leased.
'May be pre-empted, &c.
And must be stocked.
Ejectment.
Leases for timber cutting
&c.
46. Priority of right to any such water privilege in case of dispute,
shall depend on priority of record.
47. The right of entry on and through the lands of others for
carrying water for any lawful purpose, upon, over or under the said
land, may he claimed and taken by any person lawfully occupying
and bona fide cultivating as aforesaid, and (previous to entry) upon
paying or securin g payment of compensatio n as aforesaid for the waste
or damage so occasioned, to the person whose land may be wasted or
damaged by such entry or carrying of water.
48. In case of dispute, such compensation or any other question
or connected with such water privilege, entry or carrying may be ascertained by the Stipendiary Magistrate of the District in a summary
manner, at the option of either of the contending parties either with
or without a jury of five men, to be summoned as in ordinary cases.
49. It shall be lawful for such Magistrate, by an order under his
hand, directed to the Sheriff or Deputy Sheriff, to summon a jury
for such purpose, and in the event of non-attendance of any persons
so summoned, he shall have power to impose a fine not exceeding
Five pounds.
50. Water privileges for mining or other purposes not otherwise
lawfully appropriated may be claimed, and the said water may^be
taken upon, under, or over any land so pre-empted or purchased^as
aforesaid, by obtaining a grant or licence from the Stipendiary
Magistrate of the District, and previous to taking the same
paying reasonable compensation for waste or damage to the
person whose land may be wasted or damaged by such water privilege or carriage of water.
LEASES.
51. Leases of any extent of unoccupied and unsurveyed land may
be granted for pastoral purposes, by the Governor or any Officer duly
authorized by him in that behalf, to any person or persons whomsoever, being bona fide pre-emptors or purchasers of land, at such rent
as such Governor or Officer shall deem expedient. But every such
lease of pastoral lands shall, among other things contain a condition
making such land liable to pre-emption, reserve, and purchase by
any persons whomsoever, at any time during the term thereof,
without compensation, save by a proportionate deduction of rent.
And to a further condition that the lessee shall, within six months
stock the property demised in such proportion of animals to the one
hundred acres, as shall be specified by the Stipendiary Magistrate
in that behalf.
52. Any person who shall have obtained such lease as aforesaid,
may bring ejectment or trespass against any intruder upon the same
land, to the same extent as if he or they were seized of the legal
estate in fee.
Leases of any extent of unoccupied Crown Lands may be
To be in writing.
Do.
granted by the Governor, to any person, persons, or corporation
duly authorized in that behalf, for the purpose of cutting spars, timber or lumber, and actually engaged in those pursuits, subject to
such rent, terms and provisions, as shall seem expedient to the
Governor.
54. The application for any such lease must be in writing, and if
passing through a Magistrate, in duplicate, for transmission to the
Governor, who alone shall decide on any such lease.
FREE GRANTS.
Free grants.
55. It shall be lawful for the Governor, upon receiving the assent
of Her Majesty'8 Government thereto, and the publication thereof
in the Government Gazette, to make such free or partially free grants of the unoccupied Crown Lands of the Colony, for the encouragement of Immigration, with and under such provisions, restrictions,
and privileges, as to the Governor in his discretion may seem most
advisable for the encouragement and permanent settlement of immigrants.
56. Nothing in this Ordinance contained shall be construed so as Saves Miners
to interfere prejudicially with the rights granted to Free Miners un-erally-
der the "Gold Mining Ordinance, 1865."
57. The Schedule hereto shall form part of this Ordinance. Schedule.
58. This Ordinance shall be cited as the "Land Ordinance, 1865." short Title.
Passed the Legislative Council the 10th day of April, A.D. 1865.
rights gen-
Charles Good,
Clerk.
Arthur N. Birch,
Presiding Member.
Assented to, in Her Majesty's name, this eleventh day of April,
1865.
FREDERICK SEYMOUR,
Governor.
SCHEDULE.
. Certificate of Improvement.
I hereby certify that has satisfied me by evidence of (naming the
witnesses, and detailing the same and any other evidence upon which the Magistrate has come to his judgment) that of has made improvements to the extent of 10s. an acre on            acres of land, situated at
Signed,
this day of
&?-  BBITISH   COLTJnynBIJ^.
9.
»
No. 28.   An
struction of
further to facilitate the con-
Overland Telegraph.
[llth April, 1865.]
WHEREAS, Perry Macdonough Collins, has transferred all his Preamble,
right and interest in the Overland Telegraph, and in the
privileges conferred by the "International Telegraph Ordinance, 1865," to the "Western Union Telegraph Extension Company;" and it is expedient to grant to such Company further
privileges and immunities for the construction of the said Telegraph, an$ to alter and extend the "International Telegraph Ordinance, 1865," accordingly;
Be it enacted by the Governor of British Columbia, by and with
the advice and consent of the Legislative Council thereof, as follows \
I. Clause 13 of the said "International Telegraph Ordinance,
1865," is hereby repealed.
LT. The said "Western Union Telegraph Extension Company,"
shall be incorporated in this Colony, and be capable of suing and
being sued by that name as a Corporation in all Courts in the
Colony, and shall have a Common Seal bearing the said corporate
name, cognizable in all such Courts.
III. Such Company shall have and maintain .during the term of
the said Ordinance, a head Office at New Westminster.
IV. Every delivery of a document or notice at such Office, affecting or relating to the said Company, shall be a good and sufficient
delivery and notice, according to the tenor thereof, upon such Company for all purposes whatsoever.
V. This Ordinance shall be cited as "The International Tele-   Short Title.
graph Extension Ordinance, 1865."
Passed the Legislative Council this llth day of April, A. D. 1S65.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this eleventh day of April, 1865.
FREDERICK SEYMOUR,
Governor.
Repeals clause 13 of International Telegraph
Ordinance, 1865.
Western Union Telegraph Co. to be incorporated in the Colony.
Head office to be at New
Westminster.
Delivery of notice thereat
to he sufficient. 

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