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Ordinances passed by the Legislative Council of British Columbia, during the session from January to… British Columbia. Laws, statutes, etc. 1867

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Array ORDINANCES
PASSED BY THE
LEGISLATIVE     COUNCIL
OF
BRITISH COLUMBIA,
DURING THE
SBSSIOlsT
FROM    JANUARY    TO    APRIL,    i:&
.  JW.   IU7
1867.
NEW WESTMINSTER!
PRINTED AT THE GOVERNMENT PRINTING OFFICE.  LIST OP ORDINANCES.
No. 1. An Ordinance of indemnity for not enforcing certain Local Taxes of Vancouver Island.
No. 2. An Ordinance in aid of the Municipal Taxation in Victoria.
No. 3. An Ordinance to prohibit the unseasonable
destruction of Game.
No. 4. An Ordinance to assimilate the Law relating to Sheriffs.
No. 5. An Ordinance to prevent the violation of
Indian Graves.
No. 6. An Ordinance authorizing' the Sale of the
Real and Personal Estate of Intestates.
No. 7. An Ordinance to assimilate the general application of English Law.
No. 8. An Ordinance to declare the Laws relating
to Interest.
No. 9. An Ordinance for the Regulation of Ferries
and Bridges.
No. 10. An Ordinance making provision for Bar-
risters-at-Law, Attorneys, Notaries Public, and Articled Clerks, of the late Colony of Vancouver Island.
No. 11. An Ordinance to provide for the taking of
Oaths and admission of Evidence in certain cases.
No. 12. An Ordinance for the protection of Inventions.
No. 13. An Ordinance to appropriate-the sum of
Five Hundred and Sixty-Six Thousand Six Hundred
and Fifty-Eight Dollars and Thirty Cents out of the
General Revenue of the Colony for the Contingent
Service of the year 18t>7.
No. 14. An Ordinance to establish a Standard of
Weights and Measures.
No. 15. An Ordinance to assimilate and amend the
Laws relating to Licences and direct Taxes on Persons.
No. 16. An Ordinance to assimilate the Law exempting the Homestead and other Property from
forced Seizure and Sale in certain cases in all parts
of the Colony of British Columbia.
No. 17. An Ordinance to declare the application
of the existing Laws of Customs.
No. 18. An Ordinance to amend the Duties of
Customs.
No. 19. An Oidinance to authorize the issue of
Debentures for short temporary Loans.
No. 20. An Ordinance respecting the Legal Professions.
No. 21. An Ordinance to render uniform the
Laws establishing a Decimal System of Accounts, and
regulating the Currency of the Colony.
No. 22. An Ordinance to assimilate the Law empowering the Governor to create Ports of Entry in
British Columbia.
No. 23. An Ordinance to repeal the Real Estate Tax
Acts of Vancouver Island.
No 21. An Ordinance further to extend the time
granted to the Harewood Colliery Company, Limited,
by "The Harewood Railway Company's Act, 1864,"
lor making and completing a Tramway from the Company's Mines to Departure Bay, Nanaimo.
No. 25. An Ordinance to assimilate the Law regulating the Postal Service.
No. 26. An Ordinance to confirm the expenditure
of the sum of $141,295.15, for the Service of the Colony of Vancouver Island, for the Year 1866.
No. 27. An Ordinance to confirm the expenditure
for the Services of the Year 1866, not authorized in
the grant for that Year.'
No 28. An Ordinance to assimilate and amend the
Law prohibiting the sale or gift of Intoxicating
Liquor to Indians.
No. 29. An Ordinance respecting Harbour and Tonnage Dues, and to regulate the Licenses on the Vessels engaged iu the Coasting and Inland Navigation
Trade.
No. 30. An Ordinance to assimilate the Laws for
the Regulation of Pilotage in all parts of the Colony
of British Columbia.
No. 31. An Ordinance respecting Practitioners in
Medicine and Surgery.
No. 32. An Ordinance to give to Mortgagees certain
powers now commonly inserted in Mortgages.
No. 33. An Ordinance to regulate the solemnization
of Marriage.
No. 34. An Ordinance to amend the Laws relating
to Gold Mining.
No. 35. An Ordinance to regulate Excise in all parts
of the Colony.
No. 36. An Ordinance to assimilate the Laws for
the regulation of Harbours in all parts of the Colony
of British Columbia.-
No. 37. An Ordinance to assimilate the Law regarding Aliens in all parts of the Colony of British
Columbia.
No. 38 An Ordinance to incorporate the City of
Victoria.
No. 39. An Ordinance to amend and assimilate the
procedure of the County Courts in all parts of the
Colony of British Columbia.
No. 40. An Ordinance to provide for the settlement
of all outstanding questions relating to the Sale of
Land for Taxes in Vancouver Island.
SK.-/%  BRITISH COLUMBIA
ANNO TRICESIMO
VICT
J
Legalizes all remissions of Duty leviable under "Stock
and Carcass Act,
1865," and "Harbour Dues Act,
1866."
*********************************:+:******
NO. 1.
An Ordinance of Indemnity for not enforcing certain Local Taxes of Vancouver Island.
[12th February, 1867.]
WHEREAS,  in  consequence of the extension of the Customs Preamble.
Laws of British Columbia to Vancouver Island, under "The
British Columbia Act, 1866" it was found expedient to remit certain
Duties leviable under certain Local Laws of Vancouver Island;
Be it enacted by the Governor of British Columbia, by and with
the advice and consent of the Legislative Council thereof, as follows:
I. Every act, remission, payment, matter, or thing done, made, or
omitted, or to be done, made, or omitted, subsequently to the 19th
November, 1866, by any Officer of the Government, whether ot
Vancouver Island or British Columbia, duly authorized to collect
Dues or Taxes under or in relation to either the " Stock and Carcass
Act, 1865," or the "Harbor Dues Act, 1866," and until the repeal of
the Local Laws so affected, shall be deemed and taken in all Courts
and to all intents whatsoever to have been and to be lawfully made,
remitted, omitted, and done, respectively.
n. Any Person or Persons bona fide so acting, collecting, or remitting as aforesaid, shall be and the same is and are hereby freed, discharged, indemnified, and saved harmless, severally and collectively,
against all actions, suits, prosecutions, and penalties whatsoever in
respect of any such matter, sum, collection, remission, or thing, and
the same shall not be questioned in any of Her Majesty's Courts
of Civil or Criminal Jurisdiction in this Colony.
IH. Every declaration in writing of the Governor or Officer for the
time being administering the Government of British Columbia, to
the effect that any act, matter, order, sum, collection, remission, or
thing.specified therein was bona fide done, made, paid, collected, or
remitted for the public benefit, shall for the purpose of this Ordinance
be conclusive evidence of the matters stated therein, and shall be a sufficient discharge and indemnity to all persons mentioned in the said
declaration in respect of the act, sum, order, matter, or thing specified therein.
IV. This Ordinance may be cited for all purposes as the "Imports Short Title.
Indemnity Ordinance, 1867."
Passed the Legislative Council the 5th day of February, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 12th day of February, 1867.
FREDERICK SEYMOUR,
Governor.
Indemnifies persons
who have made such
remissions.
Declaration in writing of the Governor
to be sufficient evidence and discharge.
NEW WESTMINSTER :
PRINTED AT THE GOVERNMENT PRINTING OFFICE.  L. S.
BRITISH COLUMBIA.
ANNO TRICESIMO
VICTORIA   REGINJ3.
****************************************
NO. 2.
An Ordinance in aid of the Municipal
Taxation in Victoria.
[12th February, 1867.]
WHEREAS it is expedient to raise certain Municipal Taxes for
the City of Victoria, and for that purpose to empower the
Corporation of that City to levy the same, in aid of the powers of
Taxation conferred under the "Victoria Incorporation Act, 1862."
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 By-Law passed on the 21st of January, 1867, by the Mayor
and Councillors of Victoria, under the provisions of the "Victoria
IncorporationAct, 1862," and hereunto annexed, shall be deemed to
have been rightly made, and is hereby declared to be Law, and shall
be enforced and enforceable accordingly, against all persons whomsoever liable thereunder.
H. For the purpose of ascertaining the correctness of any of the
Returns required by the said By-Law to be made, or in case of
default in making any such Returns, or in case of any dispute or
question respecting the same, the said Municipal Council shall have
authority to correct all such Returns, and to decide upon all questions thereon arising, the Assessment to be made in respect thereof,
and the persons chargeable therewith, which decision shall be final;
provided that three days previous notice of the hearing of the
matter therein brought in question shall have been given to the
person chargeable therewith, or left at his last known place of business or abode, or with his agent, by him authorised to act in his
behalf.
IH. For the purpose of determining any question hereby referred
to the decision of the said Council, such Council shall have authority
to decide the same by lawful evidence in that behalf, and for this
purpose to tender an Oath to any Witness to speak the truth in any
question before them.
IV. The By-Law herein referred to and the powers hereby conferred, may be immediately acted upon and put in force until and
including the 31st day of March, 1868. Provided that all Rates and
Assessments leviable under this Ordinance and By-Law respectively,
and in arrear, shall be recovered and recoverable hereunder on and
after the said 31st March, 1868; and for the purposes of this Ordinance, Assessments not paid Quarterly in advance shall be deemed
to be in arrear.
V. In the construction of this Ordinance whenever in describing
or referring to any person or party, matter or thing, any word importing
Preamble.
Confirms By-Law of
21st January, 1867.
Municipal Council
may correct Returns
&c, on due notice
being given.
Council may hear
evidence and administer Oaths to
Witnesses.
By-Law in force to
31st March, 1868,
and subsequently
as regards arrears.
Interpretation
Clause. 80° VECTORISE, No. 2.
Short Title.
Victoria City Aid Ord\
nance.
porting the masculine gepder or singular number is used, the same
shall be understood to include and shall be applicable to several sper-
sons and parties as well as one person or party, and females .as .well
as males, and bodies corporate as well as individuals, and several
matters and things as well as one matter or thing, unless it otherwise be provided or .there be something,\n the subject or context
repugnant to such construction.
VL This Ordinance may be cited for all purposes as the ''Victoria
City Aid Ordinance, 1867.""
Passed the Legislative CouncU the 5th day of February, A. 2). 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 12th day of February, 1867.
FREDERICK SEYMOUR,
Governor.
THE BY-LAW WITHIN REFERRED TO.
MUNICIPAL BY-LAW FOR RAISING A REVENUE WITHIN
THE CITY OF VICTORIA.
Whereas it is expedient for the good government of the City of Vie-
ioset
toria that an Annual Revenue he raised for Municipal purj.
Be it therefore enacted by the Mayor and Councillors of the City of
Victoria, under and by viiftue of the power and authority vested in them
by an Act intituled "An Act to Incorporate the City of Victoria,^
passed jhe second day of August, A. D. 18.62, in bhe twenty-sixth year
of the Reign of Her Most Gracious Majesty Queen Victoria, as follows:
1. That a Rate he raised, levied, and collected, from and upon all Real
Estate within the limits of the City of Victoria (including the Improvements thereon), not exceeding One-quarter of One per Cent on the value
thereof, as laid down on the Government Assessment Roll for the year
ending June the thirtieth, 1866.
2 All Improvements on Real Estate which are not included in the
said Government Assessment Roll, shall he liable to the said Assessment
of One quarter of One per Cent upon the value thereof, to be determined
as hereinafter mentioned.
3. There shall be raised, levied, and collected, upon and from all occupants of premises used for professional or business purposes within the
City limits, an Annual Municipal Rate not exceeding Three per Cent
upon the Rentals of such premises, and all persons occupying their own
premises shall be liable to the said Rate, and the Rental thereof shall
be determined as next hereinafter mentioned.
4. All persons liable under the third Section of this By-Law shall
make a Return to the Town Clerk, at the City Council Chambers within
Fourteen days after the passage and publication hereof, of the monthly
or other periodical Rental paid by them, or (if such persons occupy their
own premises) of what they deem to be a fair value of such Rental,
and such Return shall be in the Form hereunto annexed and marked
Schedule A.
5. All persons owners of Improvements not included in the said
Government Assessment Roll, as mentioned in Section 2 of this By-Law,
shall also make a Return of the same to the Town Clerk, at the City
Council Chambers, within Fourteen days after the passage and publication hereof, in the Form hereunto annexed, and marked Schedule B.
6. There shall be raised, levied, and collected, from and upon all
Agents of Fire Insurance Companies, an Annual Rate not exceeding
One-half of One per Cent upon the amount of all property Insured by
them within the City limits, to be applied to and for the use of the
Victoria Fire Department.
7. All Agents of Fire Insurance Companies liable as in the sixth Section is mentioned, shall make a Return of all property respectively
Insured by them, to the Town Clerk, at the City Council Chambers
within 80° VICTORLdE, No. 2.
Victoria City Aid Ordinan
ce.
within Fourteen days after the passage and publication hereof, in the
Form hereunto annexed, and marked Schedule C; and if such Return
be not so made, the Council shall determine the Rate to which they
shall be respectively liable, and such determination shall be final.
8. All persons failing to make such Returns in the Forms marked
Schedule A, Schedule B, and Schedule C, shall be charged a sum equivalent to Five per Cent upon the amount due, in addition to the amount
at which they shall be respectively rated by the Council, whose decision
shall be final.
9. Any person or persons making a false Return shall be liable to a
penalty not exceeding Ten Pounds Sterling,
10. The Municipal Assessment Roll shall include the several particulars mentioned in Sections 1, 2, 3, and 6, of this By-Law, and opposite
to the name of each person liable, shall be inserted the amount of the
Annual Rate to be paid.
11. All moneys due under the provisions of this By-Law, shall be paid
at the City Council Chambers, to the Clerk of the Council (or to a Collector, duly authorised), who shall keep an account of the same, and the
same shall be paid into some Chartered Bank each day, as shall be
directed, and placed to the credit of the Mayor and Council.
12. All moneys due under the provisions of this By-Law, shall be paid
Quarterly in advance; provided, always, that any Ratepayer who is
rated or assessed in a sum not exceeding Two Dollars per annum, shall
pay the same in full in advance.
13. All moneys due under the provisions of this By-Law shall be paid
within Thirty days after the expiration of the Fourteen days allowed
in which to make Returns, as provided for in Sections 4, 5, and 7, after
which time a sum equivalent to Five per Cent, upon the amount due
shall be paid, collected, and levied, in addition to the amount due; and
if the whole of the said amounts so due be not paid within an additional
period of Thirty days the person or persons so liable shall be dealt with
under the provisions of the "Victoria Incorporation Act, 1862."
14. This By-Law shall take effect immediately after its final passage
and publication, and thereupon the By-Law passed by the Council on
the Eighteenth day of October, 1866, shall be and is hereby repealed.
SCHEDULE A.
Name.
Premises.
Profession or Business.
Rental.
I,
hereby declare the above Return to be a faithful and true return of the
matters therein set forth, to the best of my knowledge, information, and belief.
S ignatur e,	
SCHEDULE B.
Name.
Improvements.
Where situate.
Value.
I.
-, hereby declare the above Return to be a faithful and true return of the
matters therein set forth, to the best of my knowledge, information, and belief.
Signature,
SCHEDULE C.
Name of Company and Agent.     |      Property Insured.      J      Amount Insured.
-, hereby declare the above Return to be a faithful and true return of the
matters therein set forth, to the best of my knowledge, information, and belief.
Signature,
Passed the Municipal Council, January 21st, 1867.
i.  •   . W. J. MACDONALD,
Mayor.
Victoria, B. C, January 21st, A.D. 1867.
\Ym. Leigu, Town Clerk.
{£}
NEW WESTMINSTER:
PRINTED AT THE GOVERNMENT PRINTING OMTCB.  {,,}
BRITISH COLUMBIA
ANNO TRICESIMO
VICT
****************************************
NO. 3.
An Ordinance to prohibit the unseasonable destruction of Game,
[4th March, 1867.]
WHEREAS it is expedient to protect Game of various descrip- preambie.
tions from being killed out of Season, and to assimilate the
Law aflecting such matters in all parts of the Colony of British
Columbia;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:
I. The "Game Ordinance, 1865," of the Colony of British Colum- Repeal of existing
bia, and "An Act for the preservation of Game," of the year 1859, Ordinance, with
of the former Colony of Vancouver Island and its Dependencies, are Proviso-
hereby repealed.    Provided however, that all liabilities and penalties imposed and accruing, due under the said repealed Acts and
Ordinance or any of them, and all remedies and punishments for
recovering and enforcing the same shall still, notwithstanding such
repeal, remain in full force and effect and be capable of being
enforced aud inflicted as if such Act and Ordinance were still in
force, but not further or otherwise.
H. From and after the passage of this Ordinance it shall be un- Prohibits sale, bar-
lawful for any person to buy, sell, barter, give, or offer, or exhibit III &c, &c, of
for sale any Deer or Elk, from the first day of March to the first
day of August; and any Grouse, Prairie Fowl,  or Partridges,  or
destroy or collect the Eggs of the Grouse, Prairie Fowl, or Partridge,
from the first day of March to the tenth day of August, in any year.
TTT. Every infraction or evasion of this Ordinance shall be punishable upon conviction in a summary manner, before any Magistrate in British Columbia, by a fine not exceeding $50 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.
TV. The Short Title of this Ordinance is "The Game Ordinance, Short Title
1867."
Passed the Legislative Council the 20th day of February, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 4dh day of March, 1867.
FREDERICK SEYMOUR,
Governor.
Game, during certain seasons of the
year.
Penalties for evasion.
NEW WESTMINSTER :
PRINTED AT THE GOVERNMENT PRINTING OFFICE.  L.S.
BRITISH COLUMBIA.
ANNfr TRIOESIMO
VICTORIA   ItE-GINiE.
J****************************************
NO. 4.
An   Ordinance to  assimilate the Law
r
atmg to
oneriu
[5th March, 1867.]
Repeal of Sheriffs'
Act, 1860.
Court may appoint
Sheriff temporarily.
WHEREAS it is  expedient to assimilate the Law relating to Preamble.
Sheriffs in all parts of British Columbia;
Be it enacted by the Governor of British Columbia, with the
advice and consent/of the Legislative Council thereof, as follows:
I. "The Sheriffs' Act, 1860," is hereby repealed.
IT. Whenever any Court of lawful jurisdiction in British Columbia shall order or require to be done any act, matter, or thing,
which ought by Law to be done by the High Sheriff of British
Columbia, or by some person acting under his authority, and no
such Sheriff or person shall be present in readiness to do such act,
matter, or thing, it shall be lawful for the Judge of the said Court,
by writing under his hand, to appoint such person as he shall think
fit to act as Sheriff, taking from the person so appointed such
securities for the due performance of his duties as the said Judge
shall think proper, and every such appointment shall endure and be
in force for the space of One Calendar month and no longer, unless
renewed by the.said Judge or by some competent authority; and it
is hereby declared that it shall be lawful for the said Judge to renew
such appointments as he shall deem necessary; and every such
appointment and re-appointment, and all things which shall be done
under the same, shall, with all convenient speed be made known by
the said Judge to the Governor for the time being of the said.
Colony. Provided, always, that no act or neglect on the part of a
person appointed to act as Sheriff under the provisions hereof shall
affect the High Sheriff of British Columbia with any personal
liability.
IJI. All acts hitherto done, or hereafter to be done as a Justice Sheriff may act as
of the Peace, by any person who while a High Sheriff of British J- p-
Columbia, had or may have any authority or jurisdiction as a Justice of the Peace or Stipendiary Magistrate in the same Colony
shall he and be deemed to have been well and lawfully done.
IV. The  Office of High  Sheriff shall be tenable during the Continuance of
pleasure of the Governor of the said Colony; and it shall be lawful Office.
for every High Sheriff, and also for every person holding any
appointment to act as for or under a High Sheriff, to continue until
supersession or resignation to hold such office or appointment, and
to do and exercise all acts and authority which ought to be done or
exercised by a Sheriff or Deputy Sheriff.
V. It shall be lawful for the Governor of the Colony before the Governor may reappointment of any such person to act as High Sheriff aforesaid, to <iuire security for
require the person so appointed to give good and sufficient security ^v Hieif Sheriff**'
for the due performance of his duties as such High Sheriff, and such
security 30° VICTORIA, No. 4.
Sheriffs' Ordinance.
Saves rights of ex-
security shall be in the nature of a Bond in the usual form, for
such amount as may by the Governor be decided upon, and signed
by the person so to be appointed, and two or more sufficient sureties.
VI. Nothing in this Ordinance contained shall be held to invali-
isting High Sheriff date the appointment of any High Sheriff, Deputy Sheriff, or She-
110 riff's  Officer already made, or make any re-appointment to such
Offices or any of them, necessary; but all acts, deeds, matters, and
things, permitted or required to be done by any such High Sheriff,
Deputy Sheriff, or Sheriffs Officer, shall, until any fresh appointment, be good and valid as if the said Act were not hereby repealed.
Short Title.
VH. This Ordinance may he cited for all purposes as the "Sheriffs'
Ordinance, 1867."
Passed the Legislative- Council the ldth day of February, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 5th day of March, 1867*.
FREDERICK SEYMOUR,
Governor.
NEW WESTMINSTER :
PRINTED AT THE GOVERNMENT PRINTING OFFICE. {,,}
BRITISH COLUMBIA.
ANNO TRICESIMO
NO. 5.
prevent
aves.
[5th March, 1867.]
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, and to assimilate the Law affecting such
matters in all parts of the Colony of British Columbia;
Be it enacted by the Governor of British Columbia, wi feh the advice
and consent of the Legislative Council thereof, as follows:
I "The Indian Graves Ordinance, 1865," is hereby repealed.   Provided Repeal of existing
however that all liabilities and penalties imposed and accruing, due under Ordinance, with
the said repealed Ordinance, and all remedies and punishments for re- Proviso.
covering and enforcing the same, shall still, notwithstanding such repeal,
remain in full force and effect and be capable of being enforced and inflicted as if such Ordinance were still in force, but not further or otherwise.
II. From and after the passing of this-Ordinance, if any person or imposes a penalty of
persons shall steal, or shall, without the sanction of the Government, cut, $ioo for removing
break, destroy, damage, or remove any image, bones, article or thing, anything from indi-
deposited on, in, .or near any Indian Grave in this Colony, or induce, or an Graves-
incite any other person or persons 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 dollars, with or without imprisonment for any term not exceeding three calendar months for the
first offence, in the discretion of the Magistrate convicting.
III. In any indictment or other proceeding under this Ordinance, it Forms of indict-,
shall be sufficient for all purposes to state that such grave, image, bones, ment.
article or thing is the property of the Crown.
IY. If any person or persons so convicted as aforesaid, shall afterwards Second offence lia-
be guilty of any of the said offences, and shall be convicted thereof in like bl? t0 6 months im-
manner, everv such offender for such second or subsequent offence, should ?"s??m,ent w
, '.    . J   -._     .  ,     ,     .    , .    ,. ,. j        u        ,   .       it,.      ,     nard labour,
the convicting Magistrate in his discretion so deem meet, m addition to
suffering the aforesaid fine, be committed to the common gaol, there to
be kept to hard labour for such term not exceeding six calendar months,
as the convicting Justice may think fit.
V. The Short Title of this Ordinance is "The Indian Graves Ordi- Short Title,
nance, 1867."
Passed the Legislative CouncU the 20th day of February, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 5th day of March, 1867.
FREDERICK SEYMOUR,
Governor.
NEW WESTMINSTER :
PRINTED AT THE GOVERNMENT PRINTING OFFICE.  L. S.
BRITISH COLUMBIA.
ANNO TRICESIMO
VICT
MB    REGINJEL
**************************** ********
NO. 6.
An Ordinance c
Heal and
izing the Sale of the
Estate of Intestates.
[5th March, 1867.]
WHEREAS it is expedient to assimilate the Law authorizing the Preamble.
Sale of the Real and Personal Estate of Intestates in all parts of the
Colony of British Columbia;
Be it enacted by the Governor of British Columbia, with the advice
and consent of the Legislative Council thereof, as follows:
I. "The Intestate Estate Sale Ordinance, 1866," is hereby repealed
save as to all rights acquired and acts lawfully done thereunder.
Repeal of existing
Ordinance, with
proviso.
Powers vested in
Judge of Supreme
Court to order disposal of Intestate
Estates.
II. From and after the date of the passing hereof, it shall be lawful
for any Judge of the Supreme Court of Civil Justice of British Columbia, upon cause first shewn before him, in a summary way on affidavit
or by petition, that a sale or some other disposition would be proper or
advantageous to the Estate, Real and Personal, in this Colony of any
person dying intestate therein, by any order or writing under the hand
of such Judge to authorize any Registrar or Deputy Registrar of the
said Court, or the personal representative of the said deceased to take
possession of, hold, lease, sell, or otherwise dispose of the said Real and
Personal Estate in .this Colony belonging to the Heirs or next of kin
of any such deceased intestate, and such Real and Personal Estate
and the produce thereof, or the proceeds of the sale or disposition
thereof, or any part thereof, after deducting or making a fair charge for the
trouble and expense of such application, management, or sale, to he
fixed by the Court, to hold and account lor the same, or, where a sale
has taken place, pay the proceeds of such sale, after such deduction
into Court, under the "Trustees' Relief Ordinance, 1866," in trust for
and to transfer the same under the orders of the said Court to the
Heirs or next of kin of such intestate, when and so soon as such
Heirs or next of kin shall have been ascertained to the satisfaction of
the said Court.
III. All moneys paid into Court under this Ordinance, and the "Trustees' Relief Ordinance, 1866," shall be paid in to the credit of the
General Revenue of the Colony, in trust for the Heirs or next of kin of
the deceased, intestate.
IY. No fees of Court shall be payable upon any application to the No Fees of Court
Court under this Ordinance.
V. This Ordinance may be cited as "The Intestate Estate Ordinance, Short Title.
1867."
Passed the Legislative Council the 21st day of February, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 5th day of March, 1867.
FREDERICK SEYMOUR,
Governor.
i
All moneys received
to be paid in as General Revenue.
NEW  WESTMINSTER:
PRINTED  AT  THE  GOVERNMENT  PRINTING   OFFIOB.  L. s.
BRITISH COLUMBIA.
ANNO TRICESIMO
T
*********** ***************** *******£
NO. 7.
An Ordinance to assimilate the general
application of English Law.
[6th March, 1867.]
"ITTHEREAS it is expedient to assimilate the Law establishing the Preamble.
W   date of the application of English Law to all parts of the Colony
of British Columbia;
Be it'enacted by the Governor of British Columbia, with the advice
and consent of the Legislative Council thereof, as follows:
I. "The Proclamation having the force of Law to declare that Repeals Prociama-
English Law is in force in British Columbia," of the 19th day of tionof 19th Novem-
November, 1858, is hereby repealed.    Provided however that such ber'1858"
repeal shall not affect any rights acquired, or liabilities incurred or
existing before such repeal.   But such rights and liabilities Civil
and Criminal, and all remedies and punishments thereunder shall
still, notwithstanding such repeal, be capable of enforcement and
imposition, as if this Ordinance had not been passed, but not further
or otherwise.
H. From and after the passing of this Ordinance the Civil and civil and Criminal
Criminal Laws of England as the same existed on the 19th day of Law.s of England
November, 1858, aud so far as the same are not from local circum- put m force-
stances inapplicable, are and shal I be in force in all parts of the Colony
of British Columbia.   Provided however that in applying this Ordi- Saving as modified
nance to that part of the Colony previous to the Union known as bj past Legislation
British Columbia, the said Civil and Criminal Laws as the same ex- ofBritlshGo^mbia.
isted at the date aforesaid shall be held to be modified and altered
by all past Legislation (of the said Colony of British Columbia, before the Union, and of the Colony of British Columbia since the
Union) affecting the said Colony of British Columbia as it existed
before the Union.
Provided also that in  applying this Ordinance to that part of Saving as modified
the Colony heretofore known as the Colony of Vancouver Island bJ Past Legislation
and its Dependencies, the said Civil and Criminal Laws as the same ofVancou™rIsland,
existed  at  the date aforesaid shall be held to be modified and
altered by all past Legislation of the said Colony of Vancouver Island, and of the whole Colony of British Columbia since the Union
affecting the former Colony of Vancouver Island and its Dependencies.
HI. The Short Title of this Ordinance is "The English Law short Title.
Ordinance, 1867."
Passed the Legislative Council the 15th day of February, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 6th day of March, 1867.
FREDERICK SEYMOUR,
Governor.
NEW  WESTMINSTER:
PRINTED  AT THE  GOVERNMENT  PRINTING  OFFICE.  {,,}
BRITISH COLUMBIA
ANNO TRICESIMO
**************************** ********
NO. 8.
An Ordinance to declare the Laws relating to Interest.
[6th March, 1867.]
WHEREAS, it is expedient to assimilate the Law relating to In- Preamble,
terest to all parts of the Colony of British Columbia;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:
I. "The Interest Ordinance, 1864," is hereby repealed. Repeals interest Or-
' ' J       L dinance, 1864.
II. In all cases of demands either at Law or in Equity in which Declares legal rate
the parties shall have made no express stipulation for Interest after °f. In*e^st where no
,   f.   ., . i •  i    •     -m      i      i   -i i i   i_     i      j.- i j?     a      stipulation has been
any definite rate in whicb in England it would be lawful for the made.
Court or the Jury to allow Interest, it shall be lawful for the Jury
or (whenever the Court alone has to decide the facts without a Jury)
for the Court to allow such rate of Interest as may be proved just
and reasonable, and in cases where not so proved such rate of Interest as may appear just, but not exceeding the rate of one per
cent, per mensem, to be reckoned from the time at which Interest
would be calculated in Eugland.
III. The Short Title of this Ordinance is "The Interest Ordinance, Short Title.
1867."
Passed the Legislative Council the 19th day of February, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
.   Assented to, in Her Majesty's name, this 6th day of March. 1867.
FREDERICK SEYMOUR,
Governor.
Mfl
NEW  WESTMINSTER:
PRINTED   AT  THE  GOVERNMENT  PRINTING   OFFICE.  L. S.
BRITISH COLUMBIA.
ANNO TRICESIMO
VICTOBI^* REGIK
******************* ******************"***
NO. 9.
An  Ordinance   for   the   Regulation   of
Ferries and Bridges.
[6th March, 1867.]
WHEREAS it is expedient to assimilate the Law for the Regulation Preamble.
of Perries and Bridges in all parts of the Colony of British Columbia;
Be it enacted by the Governor of British Columbia, with the advice
and consent of the Legislative Council thereof, as follows:
I. "The Ferry Ordinance, 1866," is hereby repealed; provided, how- Repeal of existing
ever, that all liabilities and penalties imposed and accruing, due under Ordinance with
the said repealed Ordinance,  and all remedies, penalties, and  punish- proviso,
ments, for recovering and enforcing the same shall still, notwithstanding such repeal, remain in full force and effect, and be capable of being
enforced and inflicted, as if such Ordinance were still in force, but not
further or otherwise.
II. From and after the passing of this Ordinance, the Tolls and Duties Ferry Tolls leviable
assessed and leviable and payable upon and from all persons, animals, and in a summary man-
things, made subject thereto under any exclusive  Charter, or other ner before Magis-
grant of Ferriage or Bridge in the Colony of British Columbia, from or ',T3,te-
by authority of Her Majesty, Her heirs and successors, whether from
the Governor direct or through the Chief Commissioner of Lands and
Works and Surveyor General, or any Assistant Commissioner of Lands
and Works, or other person duly authorized by the Governor in that
behalf, may not only be levied, collected, and enforced under the ordinary process of the Supreme Court of Civil Justice of British Columbia,
but also in a summary manner, on a Summons upon information on oath
betore any Magistrate in British Columbia.
III. Every wilful infraction or evasion by any person whomsoever, Penalty for evasion
of any of the payments, tolls, or duties, or of any of the privileges created of Tolls.
or granted under any such Charter or Grant, shall render the offender
for every such offence upon conviction, in addition to any amount of
toll due, punishable for a first offence by a fine of any sum not exceeding
Fifty Dollars, and for a second or subsequent offence by a fine of any
sum not exceeding One Hundred Dollars, in addition to the toll, to be
levied by distress of the goods and chattels of the offender, and in default
or upon the insufficiency of such distress, in the discretion of the Magistrate convicting, by imprisonment for any term not exceeding Three
Calendar months for a first offence, or not exceeding Six Calendar
Months for a second offence, and in each, case, in the like discretion,
with or without hard labor.
IV. Every wilful infraction or evasion by any grantee or occupier of penalty for misbe-
a Ferry or Bridge Charter of the duty to keep and maintain in good haviour of Ferry or
and proper repair, ready for use at all hours, according to the terms of Bridge keeper,
the Charter (unless prevented by accident, necessary repairs, or stress
of weather) sufficient and suitable accommodation for the public using
such Ferry or Bridge, according to the full requirements of the Charter,
or any misbehaviour or overcharge of £be-Ferryman or Bridgekeeper in
the discharge of his duty, shall upon a similar-summons be punishable
by 30° VICTORLE, No. 9.
Ferry Ordinance.
by a like fine, to be levied and collected in a similar manner by distress.
or in de&tdt of payment thereof by imprisonment with or without hard
labor as is lastly above provided in case of the evasion of the tolls sanctioned by such Charter.
Reserves public Y. Nothing herein contained shall interfere with the public right of
right of navigation, navigating any navigable waters.
Saves Crown rights. YI. Nothing herein contained shall be construed in any way to
limit or abridge the prerogative rights of Her Majesty, Her heirs and
successors, or to affect existing Chartered rights, over or in regard to
Ferries and Bridges of British Columbia.
Yll. This Ordinance may be cited as "The Ferry Ordinance, 1867."
Passed the Legislative CouncU the 21st day of February, A. D. 1867.
Charles Good,
Clerk.
Arthur N. Birch,
Presiding Member.
Assented to, in Her Majesty's name, this 6th day of March, 1867.
FREDERICK SEYMOUR,
Governor.
NEW WESTMINSTER : ■
PRINTED AT THE GOVERNMENT PRI>"TIX6 01TICJE. M
BRITISH COLUMBIA
ANNO TRICESIMO
GINJE.
****************************************
NO. 10.
n   urainance
Barristers-at-
Public, and Art
Colony of
making   provision   for
| Attorneys, Notaries
icled Clerks, of the late
er Island.
[lih March, 1867.]
TTJTIERE AS it is expedient to make provision for Barristers-at-Law Preamble.
VV     and Attorneys entitled to practise in the late Colony of Vancouver Island, prior to and at the date of the Proclamation of "The
British Columbia Act, 1866," not being now admitted to practise
in the Courts of Justice of British Columbia;
And, 'whereas, it is also expedient to make provision for Clerks
articled to such Attorneys at the said date, in the said late Colony,
and of Notaries Public duly appointed therein;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:
I. All Barristers-at-Law who were duly admitted and entitled to Barristers-at-Law of
practise in the late Colony of Vancouver Island and its Dependen- the late Colony of
cies, at the date of the said Proclamation, and not now admitted in Vancouver Island,
.,      /-. n T r> r,  ■■  i   ,,   ,        i •        i    11   l        l i  .     u can practise in Bri
ttle Courts ot Justice of British Columbia, shall be deemed to have tish Columbia.
at the said date and not earlier been and to be duly entitled to
practise as Barristers-at-Law of the Courts of Justice of the Colony
of British Columbia, in the same manner as if they had likewise
been at such date duly admitted pursuant to the "Legal Professions
Act, 1863."
LT. All Attorneys who were duly admitted and entitled to prac- Attorneys of the
tise in the said late Colony, at the date of the said Proclamation, as late Colony of Van-
Attorneys, Solicitors,  or Proctors, and not now admitted in the JJaSse^n BriSh
Courts of Justice of British Columbia, shall be deemed to have at Columbia.
the said date and not earlier been and to be duly entitled to practise
as Attorneys, Solicitors, or Proctors respectively, of the Courts of
Justice of the Colony of British Columbia, in the same manner as
if they had likewise been at such date duly admitted pursuant to the
said "Legal Professions'Act, 18t>3."    Provided that nothing herein
contained shall be construed to limit or abridge the control of the
Court over any persons practicing either in British Columbia or
Vancouver Island.
HI. All Clerks who were under Articles of Clerkship to such Articled Clerks of
Attorneys in the said late Colony, at the date of the said Proelama- the late Colony of
tion, shall be entitled to the same rights and privileges in all respects enat"tCiedVtorthe^ame
as if they had been during the periods of their service respectively, privileges as if arti-
duly Articled to Attorneys of the Supreme Court of Civil Justice of cied to Attorneys of
British Columbia, resident in the Colony of British Columbia.
IV. All
British Columbia. 80° VICTORL/E, No. 10.
Notaries Pnblic of
the late Colony of
Vancouver Island,
entitled to practise
in British Columbia.
Short Title.
Legal Professions Ordinance.
IV. All Notaries Public duly appointed in the said late Colony,
at the date of the said Proclamation, shall be deemed to have "then
been and to he entitled to practise as such Notaries Public in the
Colony of British Columbia.
V. This Ordinance may be cited as the "Legal Professions Ordinance, 1867."
Passed the Legislative CouncU the 19ih day of February, A. D. 186T.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 1th day of March, 1867.
FREDERICK SEYMOUR,
Governor*
new Westminster:
PRIXTED AT THE GOVERNMENT PEINTTNO OFI'ICTJ. BRITISH COLUMBIA
ANNO TRICESIMO
Repeals "Oaths Act,
1859," and "The
Native Evidence Ordinance, 1865," saving existing rights.
VICTORIA   REGINJE.
****************************************
NO. 11.
An Ordinance to provide for the taking
of Oaths and admission of Evidence in
certain cases.
[15th March, 1867.]
TTTHEREAS it is expedient to provide for the taking of Oaths and Preamble.
YV   admission of Evidence in certain cases, and to assimilate the
same in all parts of the Colony of British Columbia;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows
I. "The Oaths Act, 1859," and "The Native Evidence Ordinance,
1865," are hereby repealed: provided however that such repeal shall
not affect any rights acquired under such Act and Ordinance or either
of them, or any liabilities or penalties already incurred under such
Act and Ordinance or either of them, or any remedies or punishments
prescribed by such Act and Ordinance or either of them, for enforcing
the same, but such remedies and punishments may still for the purposes of such enforcement, but not further or otherwise, be held to
be available and capable of imposition as if such Act and Ordinance
were still in force.
IE. If any person called as a witness in any Court of Judicature
or required or desiring to take any oath or to make an affidavit or
deposition shall refuse or be unwilling from alleged conscientious
motives to be sworn, it shall be lawful for the Court or Judge, or
other presiding officer or person qualified to take such oath, affidavit,
or deposition, upon being satisfied of the sincerity of such objection,
to permit such person, instead of being sworn, to make his or her
solemn affirmation or declaration in the words following, viz: "I, A.
B., do solemnly, sincerely, and truly affirm and declare that the
taking of any oath is, according to my religious belief, unlawful, and
I do solemnly, sincerely and truly affirm and declare, &c, &c."
TTT. If any person professing the Roman Catholic Religion shall
be required by any lawful authority, or shall be desirous for any
purpose to take the oath of allegiance to Her Majesty, Her Heirs
and Successors, it shall be sufficient if he shall in lieu thereof take
the oath in the form appointed and set forth in the 2nd section of the
Act made and passed in the Parliament of the United Kingdom, held
in the tenth year of His late Majesty King George IV. intituled "An
Act for the relief of His Majesty's Roman Catholic subjects."
IV. If any of the persuasion of the people called Quakers, or any
other person under this or any other law permitted to make his
solemn declaration or affirmation in lieu of an oath, or any person
professing the Jewish Religion, shall at any time be required by any
lawful authority, or shall be desirous for any purpose to take the
oath of allegiance to Her Majesty, Her Heirs or Successors, or any
form of oath containing the words "And I make this declaration
upon the true faith of a Christian" the said words "And I make this
declaration
Authorizes  affirmation in lieu of oath'.
Removes Roman
Catholic disability.
Quaker's affirmation
in lieu of oath. 80° VICTORLE, No. 11.
Evidence Ordinance.
Indian unsworn testimony receivable
in certain cases.
declaration upon the true faith of a Christian," shall be omitted in
the form of oath to be taken or the declaration or affirmatipiiT.rJn.ifeu
of an oath to beimade by such person. And the taking of esery
such oath, or the making of such affirmation and declaration with
such omission as aforesaid, shall have the same force and effect as
the taking ;ind slifcscribiful by other persons ot the oath containing
the said words '• And I make this declaration upon the true faith of a
Christian."
V. In any Civil Action, or upon any Inquest, or upon any Enquiry
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 the Peace, in the discretion of such Court, Judge,
Coroner, Gold or other Commissioner, or Justice ofthe Peace, to
receive the evidence of any Aboriginal Native, or Native of mixed
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 mixed blood as
aforesaid, upon his solemn<affirmation or declaration to tell the
truth, the whole truth, and nothing but the truth, or in such other
form as may be approved by such Court, Judge, Cerouer, Gold or
other Commissioner, or Justice of the Peace.
VI. Provided that in the case of any proceeding in the nature of
a preliminary inquiry, the substance of the evidence or information
of any such Aboriginal Native or Native of mixed blood as aforesaid,
shall be reduced to writing, and signed 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.
Ifceliminarjcaution. VLI. The Court, Judge, Coroner, Gold or other Commissionwc,
or Justice of the Peace, shall before taking anv such evidence,'
information, or examination, caution every such Aboriginal Native
or Native of mixed blood as aforesaid that he will be liable to
incur punishment if he do not so as aforesaid tell the truth.
VIU. The written declaration or examination made, taken, and
verified in manner aforesaid, of any such Aboriginal Native or Native
of mixed blood as aforesaid, being one of such uncivilized persons
as hereinbefore described, may be lawfully read and received as
evidence upon the trial of any cause Civil or Criminal in the said
Colony, when under the like circumstances the written affidavit,
examination, deposition, or confession of any person might be lawfully read and received as evidence.
Indian information
how taken.
Indian declaration
evidence.
False declaration
perjury.
Short Title.
IX. Every solemn affirmation or declaration in whatever form,
made or taken by any person as aforesaid, shall be of the same fore*
and effect as if such person had taken an oath in the usual form, and
shall in like manner infer the penalty of perjury in case of falsehood*
X. This Ordinance may be cited for all purposes as the "Evidence Ordinance, 1867."
Passed the Legislative CouncU the IZth day of February, A. D. J867.
Charles Good, ArthurN. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 15th day of March, 1867.
FREDERICK SEYMOUR,
Governor.
NKW   WESTMINSTER:
-PRINTED  AT THB  GOVERN"MEXT   PRINTING   OPTIOfl. BRITISH COLUMBIA
ANNO TRICESIMO
VICTORIJG    REGINJJ.
*   *    *********   *****************    *******
NO. 12."
An Ordinance for the protection of Inventions.
[19lh March, 1867.]
WHEREAS, it is expedient to provide for the protection of new and Preamble,
useful inventions, and to assimilate the Law affecting the same in
all parts ofthe Colony of British Columbia;
Be it enacted by the Governor of British Columbia, with the advice
and consent ofthe Legislative Council thereof, as follows:
I. "The Patent Ordinance, 1864," is hereby repealed.
II. The Governor by Order in Council, may grant such protection to
the Inventors of new and useful discoveries and inventions, with such
exclusive privileges, under Letters Patent, or otherwise, as to such
Governor may from time to time seem just and expedient.
III. No application for such privilege shall be received unless the
same shall have been first enquired into by the Attorney General and
Chief Commissioner of Lands and Works, (who are hereby authorized to
enquire into the same), and shall be accompanied by a Certificate under
their hands and seals, that the invention for which the privileges are
sought is new and useful and fit to receive protection and exclusive
privilege.
IY. Such fees shall be charged and chargeable upon any application Pees.
for such exclusive privileges, and payable in such manner as shall be
prescribed and varied from time to time in that behalf by any Order of
the Governor in Council.
V. Every person infringing any exclusive privilege, conferred under Penalty,
this Ordinance, shall be liable in an action for damages before a Jury
in the Supreme Court of Civil Justice to the party aggrieved
VI. This Ordinance may be cited for all purposes as "The Patents Short Titl«.
Ordinance, 1867."
Passed the Legislative CouncU the 1st day of March, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 19(h day of March, 1867.
FREDERICK SEYMOUR,
Governor.
Repeals "ThePatent
Ordinance, 1864."
The Governor in
Council may protect
Inventions.
Preliminary enqniry
and certificate of
Attorney General
and Chief Commissioner of Lands and
Works.
NEW WESTMINSTER:
PRINTED AT XHE GOVERNMENT PRINTING OFFICE.  m
BRITISH COLUMBIA
ANNO TRICESIMO
VICTQUI^l    EEGINM
*     *     3f^    3f£    ^C     5f£    5|C    3f£     3(C    3|C    ?|C     ¥V*^'P'f::):'1t!l!"fVT:l{,PTt^#      ^     *£     ♦     ^C     3fC    ^C    ]Q;   _jfc
NO. 13.
An Ordinance to appropriate the sum of
Five Hundred and Sixty Six Thousand
Six Hundred and Fifty Eight Dollars
and Thirty Cents out of the General
Revenue ofthe Colony for the Contingent Service ofthe year, 1867.
[19th March, 1867.]
11TOST Gracious Sovereign, we, your Majesty's most dutiful and Preamble.
.11 loyal subjects, the Legislative Council ofthe Colony of British
Columbia, in order to make good the supply, which we have cheerfully granted to Your Majesty, have resolved to grant to Your
Majesty the sura hereinafter mentioned, and do therefore most
humbly beseech Your Majesty that it may be enacted and be it
enacted by the Governor of British Columbia, with the advice and
consent ofthe Legislative Council thereof, as follows:
I. That there may be issued and applied out of the General Appropriation of the
Revenue of the Colouy of British Columbia and its Dependencies, Revenue for 1867.
not otherwise by Law specially appropriated for or towards making
good the supply granted to Her Majesty, for the Contingent Service
of the year One thousand eight hundred and sixty-seven, the sum
of Five Hundred and Sixty Six Thousand Six Hundred and Fifty
Eight Dollars and Thirty Cents, the said amount being appropriated
as follows, namely:
For Salaries and Allowances.
The Governor   Two Thousand Five Hundred and Thirty-
five Dollars.
Jjegislatwp Council    Twelve hundred Dollars.
Colonial Secretary Nine Thousand Eight Hundred and Sixty
Dollars.
Treasurer  Four Thousand Eight Hundred and Twenty
Dollars.
Assay and Refinery Office   ...Three Thousand Nine Hundred and Fifty
Dollars.
Auditor General    Five  Thousand Two   Hundred and Fifty
Dollars.
Chief Commissionsr of Lands
and Works Six  Thousand   Three   Hundred   and   Ten
Dollars.
Customs Eleven Thousand Two Hundred and Twenty-
one Dollars, Eighty Cents.
Registrar General Two Thousand Two Hundred and Ninety
Dollars.
Harbour Master Eighteen Hundred Dollars.
Pot* 30° VICTORIA, No. IS.
Appropriation Ordinance.
Post Office Three Thousand Four Hundred and Twenty
Dollars.
Judicial Establishment  Eleven Thousand Six Hundred and Ninety-
five Dollars.
Police and Gaols  Nineteen   Thousand    Two   Hundred   and
Eleven Dollars, Twenty-five Cents.
Gold Commissioners and Stipendiary Magistrates Forty-three Thousand Five Hundred and
Forty-nine Dollars.
For Services Exclusive of Establishments.
Pensions' Three Thousand Three Hundred and Ninety-
five Dollars.
Revenue Services  Six Hundred Dollars.
Administra .'on rf Justice Seven Thousand Eight Hundred Dollars.
Charitable Alltizances  Nine Thousand Five Hundred Dollars.
Education Ten Thousand Dollars.
Police and Gaols  Fourteen Thousand Nine Hundred Dollars.
Rent  Eight Hundred Dollars.
Transport  Seven Thousand Two Hundred and Sixty
Dollars.
Conveyance of Mails Fifty-two   Thousand  Eight  Hundred  and
Twenty Dollars.
Works and Buildings    Eleven Thousand Four Hundred Dollars.
Roads, Streets, and Bridges... Forty -five" Thousand Dollars.,.
MuceUaneoui Services  Five Thousand Six Hundred and Twelve
Dollars, Twenty-five Cents.
Interest  Thirty-one   Thousand   Two   Hundred   and
Forty Dollars.
Drawback   and   Refund   of
Duties    Six Hundred Dollars.
Redemption of Bonds    Forty-two   Thousand   One   Hundred   and
Twenty-five Dollars.
Sinking Fund    Five Thousand Eight Hundred and Twenty
Dollars.
Temporary Loans One Hundred and Seventy Thousand Dollars.
Government Vessels  Ten Thousand Six Hundred and Seventy-four
Dollars.
Light-Houses Ten Thousand Dollars.
Treasurer to pay on n. The Treasurer ofthe said Colony shall issue and pay the said
Governor's warrant, several sums to such persons for the purposes hereinbefore mentioned,
upon such days and in such proportions as the Governor for the
time being, by any warrant or order in writing shall from time to
time direct, and the payments so to be made shall be charged upon
and payable out ofthe Revenues of the said Colony and its Dependencies.
Passed the Legislaiiie Council the llth day of March, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member*
Assented to, in Her Majesty's name, this 19th day of March, 1867.
FREDERICK: SEYMOUR,
Governor.
TSTEW WESTMINSTER!
PRINTED AT THB GOVERNMENT PRINTING OFFICE, >^5^©5
BRITISH COLUMBIA
MNO TRICESiMO
************************************
NO. 14.
An Ordinance to establish a Standard of
Weights and Measures,
Preamble.
English Standard of
Weights and Measures to be the Slab-
dard in this Colo'ny.
[19lh March, 1867.]
WHEREAS it is expedient to establish a Standard of Weights and
Measures;
Be it enacted by the Governor of British Columbia, with the advice
and consent ofthe Legislative Council thereof, as follows:
I. From and after the time hereinafter fixed for the coming into operation of this Ordinance, the Weights and Measures of Her Majesty's Exchequer in England shall be the Standard of Weights and Measures of
the said Colony^ and no goods, commodities, or other articles sold by
Weight or Measure shall he so sold, except by such Standard of Weights
or Measures, or some multiple or fractional part thereof. Provided always, that nothing herein contained shall prevent the sale of any goods,
commodities, or other articles in any vessel, or bale, or by bulk, when
such vessel, or bale, or such hulk is not represented as containing any
Standard Weight or Measure, or any multiple or fractional part theredf,
or any Local or Foreign Measure, or any multiple or fractional part
thereof.
II. All articles sold by Weight shall be sold by Avoirdupois Weight,
except Gold, Silver-, Platina, Diamonds or other precious stones, which
may be sold by Troy Weight, and Drugs which when sold by Retail
shall be sold by Apothecaries Weight.
III. It shall be lawful for the Governor from time to time and at any
time hereafter, to appoint such persons as he may think fit to be Inspectors of Weights and Measures within the said Colony, for the whole or
for any definite Districts er portions of the said Colony, and to revoke
any such appointments and make new appointments in lieu thereof.
IV. It shall be the duty of every such Inspector, at such times and Duties of Inspectors,
places and in such manner as the Governor shall from time to time in
that behalf direct, to stamp all Weights and Measures brought to him
for that purpose, and for every Weight and Measure so stamped, such
Inspector shall be entitled to receive the sum of Twenty Cents.
V. Every such Inspector as aforesaid may, at all reasonable times,
enter into any Shop, Store, Warehouse, or Place within the District in
which he has authority to act, where any goods, commodities, or other
articles are bought, sold, or exchanged, or exposed or kept for sale, or
weighed for conveyance or carriage, and examine and prove all Weights,
Measures, Steelyards, Balances, or other Weighing Machines^ ,and may
also seize all Weights, Measures, Steelyards, Balances, and other Weighing Machines so then and there found to be false and untrue, as things
forfeited to the use of Her Majesty.
VI. No Weight made of Lead or Pewter, or of any mixture thereof,
shall be stamped or used. Provided always, that nothing herein contained shall prevent the use of Lead or Pewter, or of any mixture thereof in the composition of Weights if they be wholly and substantially
cased with Brass, Copper, or Iron, and legibly stamped or marked
. i.-; "cased"
Things sold by
weight, with certain
exceptions, to be
sold by Avoirdupois
weight.
Governor to appoint
Inspector of weights
and measures.
Power of Inspectors.
Material of weights.
P
1 80° VICTOELE, No. 14.
Weights and Measures Ordinance.
"cased," or shall prevent the insertion of such a plug of Lead or Pewter
into Weights as shall be bona fide necessary for the purpose of adjusting
them, and of affixing thereon the stamp for the same.
"VII. Every person having in his possession or in his Shop, Store,
Warehouse, or Place of Business for purposes of Weighing or Measuring,
Weights, Measures, Steelyards, Balances, or other
Weighing Machines, or Weights of a kind prohibited by this Ordinance,
or rreglecting or refusing to produce before any Inspector of Weights
and Measures for the purpose of examination or proof in the way of his
duty, any Weight, Measure, Steelyard, Balances, or other Weighing
Machines, or obstructing or hindering any Inspector of Weights and
Measures in the discharge of his duty shall forfeit a sum not exceeding
One hundred Dollars.
VIII. Every person using any Weights or Measures, Steelyards, Balances, or other Weighing Machines which shall not have been examined
and proved and stamped as such, and which shall be false, or any Weight
of a kind prohibited by this Ordinance, for the purposes of buying or
selling, weighing or measuring, or otherwise for purposes of Trade or
Business shall forfeit a sum not exceeding One hundred Dollars, and if
any such person shall so as aforesaid use any such Weights, Measures,
Steelyards, Balances, or other Weighing Machines with intent to cheat
or defraud, every such person shall be guilty of a misdemeanor, and on
conviction may be punishable by fine not exceeding One thousand Dollars, or imprisonment for any term not exceeding Six Calendar Months.
IX. Every person making, forging, or counterfeiting, or procuring to
be made, forged, or counterfeited any stamp or mark legally used to
stamp or mark Weights or Measures with intent to deceive, or knowingly selling, altering, disposing of, or exposing for sale any Weight or
Measure with such forged or counterfeit stamp or mark thereon shall be
guilty of Felony, and on conviction shall be imprisoned with or without
hard labour for any term not exceeding Three Years.
X. Every penalty imposed by this Ordinance may, with the costs of
conviction be levied by distress and sale ofthe goods and chattels of any
offender, and in any case such goods and chattels shall prove insufficient
to satisfy such penalty and costs, then by imprisonment of such offender
for any term not exceeding Three Calendar Months, and no warrant of
commitment upon a conviction under this Ordinance shall be held to be
invalid by reason of any defect if it be therein alleged that the offender
has been convicted and there be a good and valid conviction to sustain
the same.
XL This Ordinance shall come into operation in each district
to which the Governor shall appoint an Inspector as aforesaid, one
month after notice has been given in such district of such appointment
XII. In the construction of this Ordinance the word "Governor" shall
he held to mean the Governor of this Colony for the time being, or other
the Officer administering the Government of this Colony for the time
being, and Whenever in this Ordinance in describing or referring to any
person or party, matter or thing, any word importing the masculine
gender or singular number is used, the same shall be understood to include
and shall he applicable to several persons and parties as well as one person or party, and females as well as males, and bodies corporate as well
as individuals, and several matters and things as well as one matter or
thing, unless it otherwise he provided or there be something in the subject or context repugnant to such construction.
XIII. This Or
umance may
and Measures Ordinance,
cited for all purposes as "The Weights
Passed the Legislathe Council the llth day of March, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, m Her Majesty's name, this 19th day of March, 1867.
FREDERICK SEYMOUR,
Governor.
NEW WESTMINSTER :
PRINTED AT TUE GOVERNMENT PRINTING OFFICE. L. S.
BRITISH COLUMBIA
ANNO TRICESIMO
VICTOHIJG   REGINJG.
****************************************
NO. 15.
An Ordinance to assimilate and amend
the Laws relating to I
rect Taxes on Persons.
(he Laws relating to Licences and di-
[22nd March, 1867.]
TTTHEREAS it is expedient to assimilate and amend the Laws relating _       ,.
VY     to Licences and direct Taxes on Persons; r am    *
Be it enacted by the Governor of British Columbia, with the advice
and consent of the Legislative Council thereof, as follows:
I. "The  Licences Act, 1859," "The   Trade  Licences  Amendment „ ,
Act, 1864," and "The Licences Ordinance, 1866," of the Colony of AcLwithprTv'iso.
British Columbia previous to the Union; and "The Act to repeal and
amend the Laws affecting Trade Licences," ofthe year 1862, "The Trade
Licence Amendment Act, 1865," "The Liquor Licence Act, 1861," "The
Liquor Licence Act, 1866," and "The Salaries Tax Act, 1865," of the
formerly separate Colony of Vancouver Island and its Dependencies,
are hereby repealed. Provided, however, that such repeal shall not be
held to affect any rights acquired under existing Licences, or to liabilities or penalties already imposed and accruing, due under such Acts
and Ordinances, or any of them, or to the remedies prescribed by such
Acts and Ordinances, or any of them, for enforcing such liabilities or penalties; but such remedies may still, for the purposes of such enforcement,
hut not further or otherwise, be held to be available as if such Acts and
Ordinances were still in force; and provided, also, that such repeal shall
not cause to revive any Proclamation, Act, or Ordinance repealed by
the said Acts and Ordinances hereby repealed, or any of them.
II. From and after the passing of this Ordinance, save only as to
such persons as have lawfully acquired rights under the said repealed
Acts and Ordinances, or any of them, every Person using the Trades, -
Occupations, Professions, or Businesses^in Schedule A hereunto annexed,
particularly described, shall take out a periodical Licence for such period
as is in the said Schedule A set out, paying therefor such periodical sum
as is there specified, which said sum shall respectively be paid in
advance, to and for the use of Her Majesty, Her Heirs and Successors.
III. No person shall use  practise, carry on, or exercise any Trade, penaity for trading
Occupation, Profession, or Business in the said Schedule A described or &c, withoutLicence
named, without having taken out and had granted to him a Licence in
that behalf, under a penalty not exceeding the sum of $250 for every
such offence, together with the amount which he should have paid for
such Licence, which said amount and penalty shall for the purposes of
recovery under this Ordinance be held to be one penalty.
IV. The Licences to be granted as aforesaid, may be in the Form in
Schedule B to this Ordinance, and the same are to be granted so as to
terminate on the thirtieth day of June or the thirty-first day of December,
Trades, &c, Licences as in Schedule A.
Form  of Licence
Schednle B. 30° VICTORIA, No. 15.
Licences Ordinance.
ber, and no proportionate deduction shall he made on accountjaf any
person commencing business.
Liquor Licences how     V. No Licence shall be granted to any person for the sale of Wipes,
granted. Spirits, Beer, or other fermented or intoxicating Liquor by   Retail,
unless upon the certificate of a Justice of the Peace, which said certificate shall be granted after specific and public application therefor, and
after reasonable ^notice to. such Justice to be given by the applicant, due
regard being/had in the grant by such Justice of such certificate to the
requirements'and convenience of the public, and such certificate may be
in the Form in Schedule C; and such Licence for the sale of fermented
aud intoxicating Liquor by Retail shall be granted.only to the Licensee,
in respect of the premises mentioned in such certificate; and no person
so Licensed to sell fermented or intoxicating Liquor by Retail shall
carry on such business in any other premises except the premises named
in such Licence or certificate, under a penalty not exceeding the sum of
0250 for every such offence, and such Licences shall be grauted so as to
terminate on the thirtieth day of June and the thirty-first day of December, and no proportionate deduction shall be made on account of any
person commencing business.
Forgery &c,Felony. VI. Any person who shall forge or alter, or who shall offer, utter,
dispose of, or put off, knowing the same to be forged, any certificate or
Licence issued or purporting to be issued under the provisions of this
Ordinance with intent to defraud shall be guilty of felony, and on con-
eviction therepf shall be liable at-the discretion of the Court to be imprisoned with, or without hard labour for any term not exceeding Three
years.
Auctioneers' Returns.
Proceedings for penalties.
VII. Every person selling goods, merchandize, or merchantable commodities by Public Auction shall on or before the Fifth day of every
Month make a Return to the Magistrate of the District within which he
may carry on his Business, or to such other person as the Governor
may appoint, or if there be no Magistrate or other person specially appointed, then to the Colonial Treasurer or person acting as such, ofthe
amount of money or equivalent for money received by him during the
past Month ending on the last day of every Month, in respect of the
goods, merchandize, or merchantable commodities sold by him by Auction, and such Return shall be in the Form marked D in the Schedule
to this Ordinance; and every person selling by Auction as aforesaid,
shall pay to the Magistrate ofthe District or other person as aforesaid,
an amount equivalent to One and a half per Cent, upon the amount so
received as aforesaid; and if any person selling by Auction as aforesaid,
shall neglect to make such Return as aforesaid, he shall be liable to a
penalty not exceeding the sum of One Hundred Dollars; and if any
person selling by Auction as aforesaid, shall make any false or fraudulent Return of any matters contained in any such Return as aforesaid,
such person shall upon conviction thereof, be deemed guilty of a misdemeanor.
VIII. Whenever in this Ordinance any pecuniary penalty is imposed
for any offence, the same may, unless otherwise provided, be recovered
by way of summary proceedings before "any single Justice ofthe Peace
'baving jurisdiction in the locality in which the offence was'committed,
and every such penalty may, with the costs of conviction be levied by
Uistress and sale ofthe goods and chattels of any offender; and in case
such goods and chattels shall prove insufficient to satisfy such penalty
and costs, then by imprisonment of such person so offending, tor any
term not exceeding Three Calendar Months.
Warrant of commit
xnent.
Interpretation.
Short Title.
IX. In case of any summary conviction under this Ordinance, no
warrant of commitment upon a conviction shall be held to be inyalid by
reason of any defect therein, if it be therein alleged that the person
offending has been convicted and there be a good and valid conviction
to sustain the same.
X. Whenever in this Ordinance in describing or referring to any person
or party, matter or thing, any word importing the masculine gender or
singular number is used, the Same shall be understood to include, and
eb all be applicable to several persons and parties as well as one person
or party,' and females as well as males, and bodies corporate as well as
individuals, and several matters and things as well as one matter or
thing, unless it otherwise be provided or there be something in the sub
ject or context repugnant t
XI. This Ordinance may be cited for a
Ordinance, 1867."
uch construction.
purposes as "The licences
Passed •80° Vl&FORX&L fro. ^5.
Licences Ordinance.
Passed the Legislative Council the 12th day of March, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding- Member.
Assented to, in Her Majesty's name, this 22nd day of March, 1867.
FREDERICK SEYMOUR,
Governor.
SCHEDULE'A.
(#) By each'TJteTson^entrmg^splrftUcitis or fermented
Liquors, by retail, for each House or Place in the Colony where such vending is carried on, if in a Town of
not less:than fifty inhabitants $100 for every 6 months.
(6) Where such retail vending-is "carried on in a
Rural District, not forming part of a Town    %30 for every 6 months.
(c) By each person not having a retail licence as
above, and vending spirituous and fermented Liquors
for wholesale, that is to say in quantities of not less
than two gallons, for each House or Place in the Colony $25 for every56 months.
(<£) By each person keeping a Saloon or Building
where a Billiard Table-is used for hire or profit §5 for each "table for ev-
(e) By each person keeping and letting for hire any Eery " montns.
Bowling Alley or Rifle Gallery, for each Bowling Alley
or Rifle Gallery  $5 for every 6 months.
(/) By every person keeping a Dance House    $100 for every 6 months.
(<7) By every person selling Opium, except Chemists
and Druggists using the same in the preparation of
prescriptions of Medical practitioners $50 for every 6 months.
(h) For every person carying on the business of a
wholesale or of a wholesale and a retail Merchant or
Trader   $50 for every 6 months.
For every retail Trader $5 for every 6 months.
Such two last mentioned Licences to enable the person paying the same to change
his place of abode of business at pleasure, but not to carry on business at two_places
at the same time under one Licence.
(i) By every person not having a Free Miner's Certificate, engaged in Mining for Gold, whether on his
own account or for hire, such payment to include a Free
Miner's Certificate    $5 for 1 year.
O) By every person owning a Pack Train of more
than six animals, Freight Waggon, Stage Coach or Omnibus, used in transporting goods for profit or hire a
distance beyond 10 miles from any Town, and not paying a Merchant's or Trader's Licence $5 for every 6 months.
2. By every person owning a Pack Train of less
than six animals, Dray, Waggon or Omnibus, used in
transporting goods and passengers for profit or hire,
within a distance of ten miles from any Town, and not
paying a Merchants or Trader's Licence $2.50 for every 6 months.
3. By every Livery Stable Keeper not paying Trading Licence $10 for every 6 months.
4. By every person following the calling of Cattle
Drover in the Colony shall pay $50 for every 6 months.
(7c) By every person carrying on, on his own account,
the business of a Banker, at one place of business $400 for 1 year.
and for each other place of business in the Colony $100 for 1 year.
(I) By every person practising as a Barrister-at-Law,
Attorney-at-Law, or Solicitor in the said Colony    $50 for 1 year.
(m) By every person following the occupation of
Conveyancer or Land Agent, or both $25 for every 6 months.
00 By (o) By every person occupying any Crown Lands,
by making any erections thereon, and carrying on any
trade upon the same, in addition to the duties above
charged, and for the use of the Land so occupied by him $2.50 for every month.
SCHEDULE B.
Form of Licence.
Dollars, in respect of a Licence
, and is entitled to carry on the bus hi ess or
, Magistrate or Collector,
(as the case may be).
SCHEDULE C.
I, A. B., of , Justice of the Peace for ,
hereby certify that C. D. is a fit and proper person to be licensed to sell fermented and intoxicating liquor by retail, suoh business to be carried on only in
the premises following: [describe them].
Dated the day of 18
SCHEDULE D.
Auctioneer's Return.
Name of Auctioneer.
Amount of moneys or equivalents received on account of
sales during the month ending
Amount payable in respect
of one and a half per cent,
npon the same.
I, A. B., do hereby declare that the above Return is a faithful and true Return of the matters therein set forth, to the best of my knowledge, information,
and belief. (Signed)   A. B.
NEW WESTMINSTER:
)MLl»TKD AX THB GOVERNMENT PRINTING  OFFR'B. fim
BRITISH COLUMBIA.
ANNO TRICESIMO
GIN^L
NO. 16.
An Ordinance to assimilate the Law exempting the Homestead and other
Property from forced Seizure and Sale
in certain cases in all parts of the Colony of British Columbia.
[22nd March, 1867.]
TTTHEREAS it is expedient to assimilate the Law  exempting the Preamble.
VV     Homestead and other Property from forced Seizure and Sale in
certain eases in all parts of the Colony of British Columbia;
Be it enacted by the Governor of British Columbia, with the advice
and consent of the Legislative Council thereof, as follows:
I. "The Homestead Act, 1866," ofthe formerly separate Colony of Repeals "The Home-
Vancouver Island and its Dependencies is hereby repealed.  Provided, stead Act, 1866,"
however, that such repeal shall not affect any rights heretofore acquired with proviso,
under such repealed Act, or any liabilities or penalties already incurred
under such Act, but all such rights, liabilities, and penalties shall be
available and capable of imposition respectively as if such Act were still
in force.
II. The word "Homestead" shall be held to mean the pieces or parcels of Land, Tjomest ad d fi    d
together with any Erections or Buildings thereon, whether Leasehold or Freehold, or both Leasehold and Freehold, with their rights, members, and appurtenances which shall be duly registered as such in manner hereinafter mentioned;
and for the purposes of this Ordinance any Erection or Building, or any such
Homestead as aforesaid, whether or not the same be affixed to the soil, shall be
taken to be Real Estate and part of such Homestead.
III. The Homestead aforesaid shall be registered in manner following:    The Mode of registration
owner of such Homestead shall cause the Title to the same to be registered by of Homestead.
the Registrar of Real Estate as in the case of other Real Estate, according to the
Law in force in that part of the Colony in which such Homestead is situate, and
in addition thereto sball cause a Notice of Registration, which may be in the
Form 1 in the Schedule hereunto annexed, to be lodged with such Registrar,
accompanied with a Schedule of Instruments evidencing his Title to such Homestead, and a Declaration to the effect mentioned in Forms 2 and 3 respectively,
in the said Schedule: that is to say, in case the Owner of any Homestead shall
declare his Assets to be not less than the sum of Two Thousand Five Hundred
Dollars, then the Declaration shall in that case be to the effect mentioned in Form
2; and in case the Owner of any Homestead shall declare his Assets to be not
greater than the value ofthe Homestead, such Homestead being of less value than
Two Thousand Five Hundred Dollars, then the Declaration shall be to the effect
mentioned in Form 3, and thereupon it shall be the duty of such Registrar to
register such Homestead, if he shall be satisfied that the Owner has a prima
facie Title thereto, and without such Notice of Registration and such Declaration
duly declared and filed with such Registrar, as the case may require, such Registrar
shall 30° VICTORLE, No. 16.
Homestead Ordinance.
False declaration a
misdemeanor.
phall not register auch Homestead, and any Declaration in the Form or to the effect of Forms 2 and 3 respectively, may be made before such Registrar, or any
person by Law entitled to receive solemn Declarations.
IV. Any person wilfully making a false declaration of any matter required or
permitted to he declared by this Ordinance shall be guilty of a Misdemeanor, and
on conviction shall be liable to punishment as for Perjury.
Homestead when re- V. The Homestead aforesaid, after the same shall have bet n d i!y registered
gistered free from shall be free from forced Seizure or Sale by any process at Law or in Equity, or
seizure for debt, &c. Dn any proceeding in Bankruptcy for or on account of any Debt or Liability
incurred after the Registration of such Homestead in manner aforesaid; provided,
however:
In case of its being 1- That in case such Homestead shall at the time of the suing ont of any
of a value not great- process at Law, or in Equity, or of Bankruptcy, be of a valne not greater than
er than $2,500. Two Thousand Five Hundred Dollars, then the same shall be wholly exempt
frpm forced fieisure or Sale.
2. That in esse such Homestead shall at the time of such suing ont of process at Law, or io Equity, or of Bankruptcy, be of a greater valne than Two
Thousand Five Hundred Dollars, then so much only of such Homestead shall
be liable to Seizure or Sale as aforesaid, as shall exceed the sum of Two
Thousand Five Hundred Dollars.
If of a greater value
than $2,500.
Falsehood of declaration to vitiate registration.
Homestead if not
otherwise limited to
enure as an absolute
estate in the owner
according to its nature.
Owner of Homestead
may abandon, &c,
but if a married man
with the consent of
h'= wife if a resident
of the Colony.
Form of abandonment of Homestead.
VI. The Registration of any Homestead under the provisions of this Ordinance shall be utterly void and of no effect, and all the benefits of this Ordinance shall be forfeited if any declaration of matters required or permitted to
be declared shall be false to the knowledge of the person effecting the said
Registration, or on whose behalf the same shall be registered.
VII. It shall he lawful for any person claiming the benefit of the provisions
of this Ordinance with respect to any Homestead at the time of Registration,
or at any time thereafter, to limit any Homestead in favour of such persons
and for such Estates, and subject to such uses, trusts, and purposes as those to
which Lands can now be limited according to the nature and incidents thereof;
but in case no special limitation shall be made, the said Homestead shall enure
to the Owner, for whose benefit the same shall be registered for an absolute
Estate in the same, according to the Nature thereof, subject to the right of the
widow as hereinafter mentioned.
VIII. Nothing herein contained shall be held to prevent the person for whose
benefit a Homestead shall be registered at anv time from abandoning; aliening*
mortgaging, or otherwise parting with, limiting, or encumbering his interest
therein, as to him may seem fit, regard being had to the nature, quality, and
incidents thereof, and of his power to dispose of the same. Provided, however,
that in case the Owner of any Homestead be a married man, he shall not
during coverture so abandon, alien, mortgage, part with, limit, or encumber
the same, except with the consent of his Wife, if she ho a resident of this
Colony; such consent to be given by way of acknowledgment by her. in the
manner provided for in cases of the execution of Instruments affecting Real
Estate within the said Colony by married women, but iu case such wife
be not a resident no such consent shall be requisite.
IX. Any Homestead, and the benefits and privileges conferred upon any
person or persons under this Ordinance in respect of any Homestead, may be
abandoned by Document which may be in the Form 4 of the Schedule hereunto annexed, duly executed by the person or persons interested therein, and such
Document shall be filed in the Office of the Registrar as iu this Ordinance
aforesaid, and the Registration of the Homestead shall be thereupon cancelled
in sucn
h I
orm st
is now used in the cancellation of charges.
Widow to inherit
Homestead if husband dies intestate.
X. If any person holding property under this Ordinance shall die intestate, leaving a widow and minor children, the Homestead ofthe value aforesaid shall wholly pass to such widow, to be held by her during the minority of
such children, or while said widow remains unmarried; and the exempted
property shall not be sold during such minority, or while such widow remains
unmarried, for the payment of any debt which shall have been contracted
by any such deceased person subsequent to the due Registration of such
Homestead.
Personal prorerty of XI. The following personal property shall be exempt from forced Seizure or
tor to amount of Sale by any process at Law or in Equity or from any process in Bankruptcy;
that is to say the Goods and Chattels of any Debtor or Bankrupt at the option
of such Debtor or Bankrupt or if dead of his Personal Representative to the
value of One Hundred and Fifty Dollars, the same not being Homestead Pro*
periy under the provisions of this Ordinance.
XII. On
Sl5o exempt nout
seizure fur debt 30° VIGTOKUE, No. 16.
Homestead Ordinance
XII. On the return of any process at Law or in Equity or in any matter of Question under the
Bankruptcy in case any question shall arise in whole or in part touching any Ordinance by which
matter provided for by this Ordinance, the Court out of which such process shall Court decided,
issue or the Court of Bankruptcy as the case may be shall dispose of such question between the parties interested therein, by way of Summons and order in a
summary way; Provided however that with respect to any matter of fact, such
matter shall at the request of any party interested be tried with or without a
fttll Jury of eight persons at the option of such persons, and as to any matter involved not being matter of fact the Court shall make such order as to partition and
sale of any portion of a Homestead which exceeds in value the sum of Two
Thousand Five Hundred Dollars, and generally as to costs and other matters
with a view to the final Adjustment of any question depending between the
parties as to such Court shall seem fit. Provided, however, that in the matter
of the Sale of any portion of the Homestead, of a value exceeding the sum of
Two Thousand Five Hundred Dollars, due regard shall be had to the choice
and preference of the Owner and parties interested in the portion reserved
from Sale; and provided, also, that in case of the Sale of a property comprising
a Homestead over the value of Two Thousand Five Hundred Dollars, it shall
be lawful for the Court ordering such Sale to order the Sale of the whole or
portion or portions of such property if occasion shall require for the fair realization of its value, and make such Order for the due investmeut of the residue
by purchase of other Homestead property, or by distribution among persons
interested therein after deducting therefrom the sums due to the Creditors, as
to such Court shall seem meet.
XIII. Every Registrar of Real Estate in the said Colony shall keep proper Books Dutv of Registrar
in which all Notices of Registration of Homesteads, Abandonments, and Declara- of Titles in register-
tions shall be recorded, as also Indices referring to the Registration, Abandon- *n£ Homesteads,
ment, and other dealings with Homesteads under this Ordinance, and in particular a nominal List of all persons claiming the benefits of Homesteads under
the provisions of this Ordinance, with the descriptions ofthe Homestead claim*
ed, and shall further have the custody of all original Notices of Registration,
Declaration, and Abandonments, but as to other Documents affecting the same
he shall deal therewith as in other oases of Real Estate registered in the Land
Registry Office, according to the law affecting registration of land in force in
the several parts of the Colony.
XIV. The said last mentioned nominal list of persons claiming the benefit Nominal list of per-
of Homestead, shall be open to inspection by the public free of charge, and all sons owning Home-
other Documents lodged with such Registrars as aforesaid and relating; to the ? j%s °   e insPec"
t»     • , iii nil        it -iitt i ted tree oi charge.
Registration or Abandonment ot and other dealings with the Homestead, may
be inspected by the public on payment of the proper Fees in that behalf,, as
hereinafter mentioned.
XV. Every Registrar of Real Estate shall be entitled to take the Fees specified Fees of registration,
in form 5 in the Schedule to this Ordinance annexed, and in so far as the Fees &c-> of Homestead,
therein specified do not apply, such Registrar shall be entitled to the like Fe^es
which are by Law chargeable under the Laws in force in that part of the Colony
in which such Homestead is registered for matters and things done and performed or"permitted by him in pursuance of the duties and powers imposed and
conferred upon him by the provisions of this Ordinance; all such fees to be
paid into the Treasury of the said Colony as General Revenue, for the use of
Her Majesty, her heirs and successors.
XVI. Nothing in this Ordinance contained shall be construed as exempting Reservation of lia-
any Real or Personal Property from Sale for Taxes or from distress for Rent,    bilities in respect of
taxes.
XVII. This Ordinance may be cited for all purposes as "The Homestead Short Title.
Ordinance, 1867/'
Passed the Legislative Council the 15th day of March, A. JD. 1867.
Charles Good, Arthur ET. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 22nd day of March, 1867.
FKEDEEICK SEYMOUK,
Governor.
Schedule 30° VICTORLE, Nc
Homestead Ordinance.
SCHEDULJ
Foau 1.
of Registration.
I, A. B.. of , hereby give Notice that I d tsire to have registered
(Lot , Section , District or other description in full), being (tenure Free
hold or Leasehold) as a Homestead (and if specially limited add (and I hereby declare
that the same is limited as in the Deed hereunto annexed), under and by virtue of the
provisions ofthe ''Homestead Ordinance, 1867.
Form 2.
For a Homestead of any Value where the Owner declares hie Assets to be not less than the full
Value of $2500.
I, A. B., of , declare that over and above all Debts and Liabilities
whatsoever to which I am now liable, wheresoever the same may have been incurred,
1 am seized of or possessed of Assets in Real or Personal Estate to an amount not less
than the sum of Two Thousand Five Hundred Dollars.
Form 3.
For a Homestead of Less value than $2500, where the owner desires to declare his Assets to be
not less than the Value of the Homestead at lime of Registry.
I, A. B., of , declare that over and above all Debts or Liabilities
whatsoever to which I am now liable, wheresoever the same may have been incurred,
I am seized or possessed of Assets in Real or Personal Estate to an amount not less than
the sum of $ [insert the value of the Homestead registered]. And I, the said A. B.,
hereby declare to the best of my knowledge and belief the Homestead hereby registered
does not exceed in value the sum of $ [the value of the Homestead].
Form 4.
Abandonment of Homestead,
I, , of , hereby abandon all Homestead Rights
in the Property registered as a Homestead, that is to say, [describe the property].
Dated this day of , A. D. 18    .
(Signed)       L. S.
(If the consent of the wife is required add her acknowledgements as in the case of
acknowledgements of Deeds by married women).
Form 5.
Fees to be taken by the Registrar of Real Estate.
For every Registration of Land as a Homestead, including the filing of Notices and
Declarations, and Deeds filed therewith, but exclusive of all other Fees for the Registration of the Title thereof - - - $5 00
For every abandonment of a Homestead - - 5 00
For the inspection of original documents affecting a Homestead, per document 0 25
If more than four documents - - - 1 00
NEW WESTMINSTER:
PRINTED AT THE GOVERNMENT PRINTINO OFFICE. BRITISH COLUMBIA.
AftNO TRIGMtMQ;
VIC TO It Iffi    REGIE Ml
t * ********* ***************** * *
* * * * *
NO. 17.
An Ordinance to declare the application
ofthe existing Laws of Customs.
^t^Mmh^861.]
TSfH'EREAS by "The British Columbia Act* 1866, it was among Preamble.
V f other things enacted that after and notwithstanding the Union of
the hftcetQfpj.e; separate Colony q£ V^c^myer Island^ ^tb^ British
Columbia, the Laws in force in the said' separate Colonies respectively at tiheitime of fehetlFliiottJfMring effect should, until it were
others?jse> provided by lawful authority, remain in force as if the
said Act had not been passed or proclaimed; save only that the
Laws relative to the Revenue of Customs in force in British Columbia at the time of the Union taking effect should, until it were otherwise provided, extend and apply to Vancouver Island;
And, Whereas, it is expedient to remove all doubts as to the application of the existing Customs Laws of British Columbia to the
Collection of Customs Duties in respect of Goods, Wares, Merchandize, and Commodities, imported into the Colony of British Columbia since the said Union, from that portion of it heretofore known
as the Colony of Vancouver Island, such Goods not having as yet
paid Customs Duties, and to declare the Law thereon;
Be it enacted by the Governor ofthe Colony of British Columbia,
by and with the advice and consent ofthe Legislative Council thereof, as follows:
I. All and every the Customs Laws now in force in British Colum- Extends Customs
bia shall be deemed to have extended and applied, and shall be held La^s of British Co-
to extend and apply to the case of Goods, Wares, Merchandize, and lumfbi1a*° e°°d8 im'
r* -,.,- .ll "        j r      . .   j  • n V>     , ported from Van-
Commodities, imported or to be imported into all or any .Port conver Island,
or Place in British Columbia, as well from all Ports or Places
without the Colony of British Columbia as from all Ports or Places
of that portion of it heretofore known as Vancouver Island and its
Dependencies, and all such Goods, Wares, Merchandize, and Commodities so imported or to be imported as aforesaid shall be held to
have been and to be and be liable to the payment of British Columbia Customs Duties, except as hereinafter next mentioned.
IL Provided, however, that the said Customs Laws, and the Col- Excepting goods
lection of Duties in respect thereof, shall not extend or apply to that have already
Goods, Wares, Merchandize, or Commodities which have already Paid dut7-
paid the British Columbia Customs Duties .in any part ofthe former
Colony of Vancouver, IsLand" ajid.", its, D.ependeaciea, since the said
Union.
ILL All 30° VICTORIES, Ho. 17.
Customs Declaratory Ordinance.
III. All questions of fact arising as to whether any Goods, Wares,
Merchandize, or Commodities have already paid British Columbia
Customs Duties in any part of the former Colony of Vancouver Island and its Dependencies since the said Union, shall be referred to
the decision of the Principal Officer of Customs of the Colony of
British Columbia, whose judgment therein shall be final, subject
only to the authority of the Governor for the time being to order a
return of duties, as to him shall seem fit.
IV. All Evasions and Offences committed by any person or persons
to defeat the Payment of Duties, hereby declared to be and to have
been made payable iu respect of Goods, Wares, Merchandize, or
Commodities imported into any Port or Place in British Columbia
from any Port or Place in the former Colony of Vancouver Island
and its Dependencies, shall be prosecuted and punished with all and
singular the same forfeitures as in the case ofthe Evasions or Offences
committed by any person or persons to defeat the Payment of Duties
payable in respect of Goods, Wares, Merchandize, or Commodities
imported into any Port or Place in British Columbia.
Collection of duties V. Provided however that no Duties of Customs shall be levied
under this Ordinance or collected under the provisions of this Ordinance after the thirtieth
day of March, A. D. 1867.
VI. This Ordinance may be cited as the "Customs Declaratory
Ordinance, 1867."
Passed the Legislative Council the 19th day of March, A. I). 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 25th day of March, 1867.
EKEDEBICK SEYMOUR,
Governor.
NEW "WESTMINSTER .*
PRINTED AT THE GOVERNMENT PRINTING 0(1101 &*PBt.    \_
BEITISH COLUMBIA
ANNO TMCESIMO
VICTORIA   REGINJE.
************************************* * * * *
NO. 18.
An  Ordinance to amend the  Duties of
Customs.
[25th March, 1867.]
TTTHEKEAS it is expedient to alter the Duties of Customs as now Preamble.
VV    by law established in British Columbia, and to make further
provision for the levying thereof;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:
1. The British Columbia Proclamation passed on the 2nd June, Repeals former Acts.
1859, "The Customs Amendment Act, 1860," "The Customs Amendment Ordinance, 1864," -'The Customs Amendment Ordinance,
1865," are hereby repealed. Provided, nevertheless, that such repeal shall not be deemed to extend to any liabilities or penalties
imposed and accruing, due under any of the said Proclamations,
Acts, or Ordinances, but notwithstanding such repeal all remedies
and punishments for recovering and enforcing such liabilities and
penalties shall still remain in full force and effect, and be capable
of being enforced and inflicted as if such Proclamations, Acts, and
Ordinances were still in force, but not further or otherwise.
LL In lieu of the duties hitherto chargeable as aforesaid, from and Declares duties levi-
after the passing of this Ordinance, there shall be levied, assessed, able-
collected, and paid to the use of Her Majesty, Her heirs and successors :
(a.) Upon all goods, wares, merchandize, animals, and things im- Specific Duties,
ported into and landed in British Columbia, and more partioularlv Schedule A-
mentioned in Schedule A. hereto, the several specific duties in such
Schedule set opposite the respective articles therein named.
(b.) And upon all goods, wares, merchandize, animals and things Ad valorem Duties,
imported into and lauded in British Columbia, the several ad. valorem Schedule B.
Duties of Customs more particularly mentioned in Schedule B. hereto, and set opposite the respective articles therein named.
(c.) The articles ^mentioned in Schedule C. hereto, shall be admit- Free List,
ted into British Columbia free of duty. Schedule o.
TIT. With the Bill of Entry on any goods, there shall be produced invoice to bo pro-
to the Collector of Customs an invoice ofthe goods, and the Bill of duced-
Entry shall also contain a statement of the value for duty of the
goods therein mentioned, and shall be signed by tbe 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 Penalties for fraud-
House any false or fraudulent invoice, or makes out or passes, or ulent inV01ce-
attempts to pass a Bill of Entry of any goods at a value bolow the
fair market value of such goods, in the Country from which such
goods were shipped or exported, or in any way by undervaluation,
or otherwise at temptsj:o defraud the Revenue of any part ofthe dntv
on any goods or things liable thereto, every such person shall uii
conviction 30° VICTORIA, No. 18.
Customs Ordinance.
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
$500, and the goods so undervalued shall be and be taken ana
deemed to be forfeited.
V. And inasmuch as it is expedient to make such provisions for
the valuation of goods subject to ac&valorem duties as may protect
the Revenue and the fair trade 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 aud 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.
L A. B. having been appointed an appraiser of goods, wares, and
merchandize, 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 inteut and meaning of the law imposing
Duties of Customs in this Colony; aud that Twill use my^best endeavours to prevent all fraud, subterfuge or evasion ofthe 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).
Sworn before me, this day of 186    .
E. E.
J. P. for (as the case may be).
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 an}' time direct any anprai? er
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 ofthe Customs.
Value of the goods VII. In all cases where any duty is imposed on any goods or
l«i^tfair market things imported into this Colony according to the value of su<h
goods, such value shall be understood to be the fair market value
thereot in the principal markets ofthe Country whence the same
were shipped or exported to this Colony; and the Collector and Appraiser shall. 03* all reasonable ways and means in their power, ascertain the fair value of such goods as aforesaid, and estimate the
value for duty accordingly.
Duties to be collect-     VIII. The duties hereby imposed shall be deemed to be Customs
ed as Customs Dues, duties, in all  respects subject to the Customs Consolidation Act,
1853, the Supplemental Customs Consolidation Act, 1855, and this
Ordinance; aud shall be under the care and management of the
Collector of Customs for the time being for the Colony, who by
limself and his Officers shall have alt the powers and authorities
for the collection, recovery and management thereot, as are tinder
or bv 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 manugemeut
of Duties of Customs, and all other powers aud authorities requisite
or 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 additiou
to the penalties by this Ordinance imposed, be prosecuted and punished in the maimer prescribed by the said Customs Consolidation
Acts.
X. The Schedules hereto shall be read as part of this Ordinance.
XI. This Ordinance may be cited for all purposes as the "Customs
Ordinance, 1867."
Passed
Penalties for evasion.
Schcdales part of
Ordinance.
Short TiUc. 80° VICTORIA, No. 18.
Customs Ordinan
nee.
Pa
Assented to,
fted the Legislative Council the 19th day of March, A. D. 1867.
Chabxes Good, Abthub N. Birch,
Clerk-    ■ . Presiding Member.
Her Majesty's name, this 25th day of March, 1867.
PBEDERIGrl SEYMOUR,
Governor.
d 15 cts
SCHEDULE A.
SPECIFIC DUTIES,
per gall.
0 cts. per doz. (u_ts).
4 cts. per lb.
Ale and Porter, in woe
Do., in botUe
Bacon and Hams	
Barley, Oats, Malt and
Field Peas 30 cts. per 100 lbs.
Beans & Split Peas    1 ct. per lb.
Bitters  $1.50 per gal.
Butter    10 cts. per lb.
Candles    5 cts. per lb.
Cheese     5 cts. per lb.
Cider  15 cts. per gal.
Cigars    $2 per 100(2cts. ea)
Coal  $1.25 per ton.
Coffee, raw    3 cts. per lb.
Live Stock
Horses and Mules $2 per head.
Beef Cattle $3
Milch Cows $2
Sheep and Goats.
Hoes	
per head,
per head.
75 cts. per head,
per head.
D(
manufactured.
)Br lb.
6 cts. .
Eggs  12$ cts. per doz.
Flour $1.50 per bbl.
Fresh Fruits, viz:—Apples, Pears, Plums,
Cherries, Currants,
Baspberries, Strawberries, and Gooseberries 	
Gunpowder, sporting:
Do.,       blasting.
Hay    	
Lard 	
Lime	
Lumber:—
Bough, fir and cedar $3 per 1000 feet.
Dressed,        do. $5 per 1000 feet.
Shingles    $1 per 1000.
Fence Pickets $2 per 1000.
Laths $1 per 1000.
SCHEDULE B.
AD VALOREM DUTIES
PER  CBNT.
Axes  15
1 ct. per lb.
6 cts. per lb.
3 cts. per lb.
$4 per ton.
5 cts. per lb.
50 cts. per bbl.
>>
it
Potatoes    $ ct. per lb.
Rice    1$ cts. per lb.
Sugar, raw  2 ct. per lb.
Do., refined 2$ cts. per lb.
Spirits :— [jng t0 proof.
brandy  $2 per gal., accord-
Gin, Whiskey, Rum.. $2
All other kinds    $2
Tea    12$ cts. per lb.
Tobacco    ;. 25 cts. per lb.
Vegetables, viz:—
Onions   2 cts. per lb.
Other kinds, fresh.... 1 ct. per lb.
Wheat  35 cts. per 100 lbs.
Wiues, viz:—
Champagne & Moselle $3 per doz. (quarts)
China Medicated $1.50 per gal.
California,red4white 25 cts. per gal.
Claret    20 cts. per gal.
Port, Sherry, and all
other descriptions.. 75 cts. per gal.
Bran and Shorts 25 cts. per 100 lbs.
Buck-wheat  1 ct. per lb.
Oatmeal     l ct. per lb.
ICornmeal $ ct. per lb.
Hops  10 cts. per lb.
jShot   2 cts. per lb.
Beef, salt  10
Billiard and  Bagatelle
Tables    12$
Blankets     20
Boots and Shoes  20
Bread     20
Cards, playing 50
Chocolate  20
Clothing, ready made ..15
Confectionery  30
Drugs, medicines    20
Dry goods  12$
Earthenware     12$
Fish, preserved, dried,
and salt  15
Fire arms  12$
Fruits, preserved* dried 12 J
Furniture  E5
Glass and Glassware ... 12$
Groceries   12$
Hardware* Ironmongry 12$
Harness and Saddlery.. 20
Hemp Canvass  2$
Leather    15
Jewellery  20
Machinery      10
PER CENT.
Nails  12$
Nuts and Almonds 12$
Oils  15
Opium 25
Paints 10
Pork salt  10
Plants, trees, & shrubs 12$
Poultry, dead & alive... 25
Quicksilver  10
Rope, Cordage & Twine   5
Soap  15
Stationery 12$
Tinware 25
Vegetables preserved &
salt 10
Waggons Carriages, 20
iTrunks   12$
|Watches and Clocks ... 12$
Window Sashes & Doors 20
Ship building material
I    viz:
Manufactured Sails... 20
Cotton Canvas    5
iWoodenware 12$
Yeast Powders..*. 12$
All other articles not
enumerated in either
of the above lists, nor
in the following list
of free goods 12$
Matches  12$
Meat, preserved   12$
Do., fresh    20
Molasses  12$
SCHEDULE C.
THE FOLLOWING ARTICLES SHALL BE ADMITTED FREE OF DUTY.
Agricultural Implements, Books Printed and Manuscript, Bricks, all Fresh Fruits
not enumerated in Schedule of Specific Duties, Coin, Gunny Sacks, Iron and Steel, all
kinds of Woods not enumerated in Schedule of Specific Duties, Calves under 12 months
old Personal Effects, Salt, Garden Seeds, Grain for Seed, Tar and Pitch, Tin
Copper, and Zinc, Lead in pipe, sheets and bars, Wire (Iron and Brass), Copper
Sheets, Boiler-plates and Bolts, and patent metal for Ships, Iron Hoops, Sheet
Iroo, Rough and partially Manufactured Woods used in constrnction of Carriages
and Waggons, and Steel Springs, waggon axles, Anchors, Cables, Chains, and Copper Bolts for Ship Building, Fresh Fish, Fish Oil, Whalebone, Raw Hemp for Rope
Making. Tallow, Gas Retorts, Fire-clay, Furs, Hides, Lemon and Lime Juice, Guano,
Wool, Oakum and Jute, Ships Blocks and Junk, Blacksmiths Coal.
NEW WESTMINSTER:
PRINTED AT THE GOVERNMENT PRINTING OFFICE. s L. S.
BRITISH COLUMBIA.
ANNO TRICESIMO
VICTORIA   .REGINJB.
* * ********* * * * * *
*********** ********
NO. 19.
An Ordinance to authorize the issue of
Debentures for short temporary Loans.
[BOth March, 1867.]
TTPIIEREAS it is expedient to authorize the issue of Debentures Preamble.
11     for the purpose of paying off" existing temporary Loans, to be
secured upon the General Revenue of the Colony, in manner hereinafter declared.
Be it enacted by the Governor of British Columbia, with the
advice and consent ofthe Legislative Council thereof as follows:   . -
I. It shall be lawful for the Governor for the time being of the Authorizes issue of
said Colony, from time to time or at any time hereafter, to cause to Debsntures.
be made out and issued Debentures, to be called "Exchequer Debentures" and secured upon the General Revenue of the Colony, for
such sum or sums of money not exceeding One Hundred and Fifty
Thousand Dollars in the whole, as may be required to meet the existing liabilities ofthe Government.
II. Such Debentures shall bear Interest at a rate not exceeding Fixes rate of in-
twelve per centum per annum, payable half-yearly on the 1st January terest-
and 1st July in eac.i year, and shall be redeemable at any time not
more than two years after the issue thereof, and upon not more than
three calendar mouths notice being given by the Government to the
holders thereof.
LU. Every Debenture shall be for any sum or sums not less than Debentures to be
Five Uuudred Dollars and, together with the interest thereon, shall notless than $500-
be payable at such place as the Governor shall appoint in that behalf.
IV. All Debentures made out and issued under this Ordinance Debentures how
shall be signed by the Treasurer of the Colony, and countersigned taade out'
by the Colonial Secretary of the Colony, or the persons acting as
such respectively for the time being, on behalf of the Government
of British Columbia, and shall be entered by the Auditor General
ofthe said Colony in a Register to be called the "Exchequer Debenture Register," and such Debentures shall be deemed a charge upon
all the Revenues ofthe Colony from whatever source Origin g, and in
order of priority next after the existing charges upon the said Revenues as already by law imposed.
V. The said  Debentures shall be in the Form marked A set in form in Schedule
forth in the Schedule hereto, and shall bear date on the day of the A.
issuing thereof, and shall be numbered arithmetically, beginning
with number one.
VI. The said Debentures shall be made payable to the Bearers Debentures payable
thereof, and shall pass by delivery only, and without any assign- t0 bearer#
ment or endorsement, and the Holder or Bearer for the time being
of every such Debenture shall have tEe same rights and remedies in
respect ofthe same as if he were ex^fe*Bsly named therein.
VLT. It
' 80° VICTORLE, No. 19.
Exchequer Debenture Ordinance.
VLT. It shall be lawful for the said Governor to authorize the whole
or any portion of the said Debentures to be negotiated, contracted
for, or sold by the Treasurer ofthe Colony or other Agent duly authorized by the Governor, and at such times, in such sums, and in
such manner as he may direct, provided the same be not issued at
less than par.
Vin, All Moneys raised under this Ordinance shall be paid to the
use of Her Majesty, Her Heirs and Successors, in such manner as
the said Governor shall prescribe, for the purposes mentioned in
Section I, and shall be accounted for as if they formed part of the
Current Revenue of the Colony.
LX. It shall be lawful for the Governor from time to time to authorize the said Treasurer of the Colony, or other person acting in
that capacity for the time being, to redeem and pay oft any of the
said Debentures to such amount as shall out ofthe Curreut Revenue
of the Colony or otherwise be appropriated by the Governor for that
purpose, and all Debentures purchased and redeemed shall be
cancelled and destroyed, and no re-issue of Debentures shall be made
in consequence of such re-purchase and destruction.
X. Any person who shall, or shall attempt to, forge, or alter,
or utter, or dispose of, or put off, knowing the same to be forged or
altered, any Debenture made out and issued, or purporting to be
made out and issued under this Ordinance, shall be guilty of
Felony, and being convicted thereof shall be imprisoned for any
period not exceeding Three Years, with or without hard labor, at
the discretion of the Judge before whom any such person shall
be tried and convicted.
XL This Ordinance may be cited for all purposes as the "Exchequer Debenture Ordinance, 1807."
Passed the Legislative Council the 26th day of March, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member
Assented to, in Her Majesty's name, this ZOih day of March, 1867.
FREDERICK SEYMOUR,
Governor.
SCHEDULE A.
Form op Debenture.
GOVEKNMENT OF BRITISH COLUMBIA.
Under the authority of u The Exchequer Debenture Ordinance, 186*7.''
This Debenture entitles the Bearer to Dollars on the
day of 18    , which sum together with
the Interest thereon at and after the rate of per cent, per annum,
(payable half-yearly) is secured on the General Revenue of the Colony of British
Columbia.
Dated the
day of
186    .
Treasurer.
Countersigned,
Colonial Secretary.
Entered in Exchequer Debenture Registrar.
Auditor.
NEW WESTMINSTER:
PRINTED AT THE GOVERNMENT PRINTING OFFIOB. L. S.
BRITISH COLUMBIA.
ANNO TRICESD10
RIJ
&
Preamble.
***********************************
NO. 20.
An Ordinance respecting the JLegal Professions.
[1st April, 1867.]
TTTHEREAS it is expedient to regulate by Statute the admission
VY     of all Persons who shall be allowed or entitled to practise in
the Courts of this Colony as Barristers, Attorneys, Solicitors, and
Proctors;
Be it enacted by the Governor of British Columbia, with the
advice and consent ofthe Legislative Council thereof, asjfollows:
I. "The Legal Professions Act, 1865," passed in the late Colony
of Vancouver Island, is hereby repealed, save as to all rights acquired, and liabilities incurred thereunder.
H. "The Legal Professions Act, 1863" of this Colony shall be
and the provisions thereof are hereby extended over this Colony as
at present constituted, save as herein amended, that is to say:
the Form A in the Schedule of this Ordinance shall be and the
same is hereby substituted for and in lieu of the Form A in the
Schedule ofthe said "Legal Professions Act, 1863."
HI. Sections I, II, III, and IV, and the third or last sentence of
Section X ofthe Order ofthe Court of British Columbia, made by
the Judge ofthe said Court, in pursuance of a Proclamation made
and passed on the 24th day of December, 1858, are hereby discharged and repealed.
IV. The remaining part of Section X, with Sections XI and XII
ofthe said Order of Court are hereby adopted, and. shall form part
of this Ordinance. Provided, however, that it shall be lawful for
the Judges ofthe Supreme Court of Civil Justice of British Columbia, with the concurrence of the Governor in Council, from time to
time and at any time hereafter to discharge, revive, or vary such
last mentioned Sections of the said Order of Court.
V. The Schedule hereto shall be deemed a part of this Ordinance.
VI. This Ordinance shall come into operation on the first day of
July, 1867.
VH. This Ordinance may be cited for all purposes as the "Legal Short Title.
Practitioners' Ordinance, 1867."
Passed the Legislative Council the 23rd day of March, A. D. 1867.
Charles Good, Arthur N\ Birch,
Clerk. Presiding Member
Assented to, in Her Majesty's name, this 1st day of April, 1867.
FREDERICK SEYMOUR,
Governor.
Repeals "The Legal
Professions Act,
1865."
Extends provisions
of "The Legal Professions Act, 1863"
over United Colony.
Repeals certain Sections of Order of
Court, 1858.
Adopts certain Sections of said Order.
1;
i IF !
Schedule.
Date of operation
Schedule 30° VICTORIES, No. 20.
Legal Practitioners'  Ordinance.
SCHEDULE.
FORM A.
Fobm of Declaration.
I, A. B. of do solemnly and sincerely declare that I am a Barrister-at-Law [or
Advocate], duly authorized to practise in the Superior Courts (not having merely
local jurisdiction) of England, [Ireland, Scotland, or Her Majesty's Colony of as
the case may be] and that I was called to the Bar by the Honourable-Society of ,
[or duly called to the Bar, and admitted, and enrolled as a Barrister in the Court,
in the said Colony;] [[variation for an Attorney or Solicitor; that I am an Attorney of
Her Majesty's Court at Westminster, or Solicitor, Proctor, or Writer to the
Signet, as the case may be, and that I was duly admitted and enrolled as an Attorney
or [Solicitor as the case may be], of the said Court at Westminster, [if in one of Her
Majesty's Colonies vary the wording accordingly] on the day of | j
And that I am the Person named in the Certificate now produced, and that I am a
British Subject by birth, [or naturalization, if naturalized state the date]. And
that I am truly qualified to act in the capacity of according to the tenor of my
qualification, and that I have never been disqualified, nor done any act whereby or by
reason whereof I may be or become disqualified, and that no application or proceeding
whatsoever is now pending against me in any part of Her Majesty's Dominions, with
the object of disqualifying me, or by reason whereof I.might have become disqualified
from acting as a Barrister, [Advocate, Attorney, Solicitor, Proctor, or as the
case may be].
And I make this solemn declaration conscientiously believing the same to be true,
and by virtue of the provisions of an Act made and passed in the fifth and sixth years
ofthe Reign of His late Majesty, King William the Fourth, chapter 62, intituled "An
Act to repeal an Act of the present Session of Parliament intituled an Act for the more
effectual abolition of Oaths and affirmations, taken and made in the various Departments of the State, and to substitute declarations in lieu thereof, and for the more
entire and effectual suppression of voluntary and extra judicial Oaths and affidavits,
and to make other provisions for the abolition of unnecessary Oaths."
Made and subscribed at
Before me,
Signature of Declarant-
this day of
A.D.
Fobm of Declaration by a Doctor of Civil Law.
I, A. B. of do solemnly and sincerely declare that I am a Doctor of Civil Law
ofthe University of , and was duly admitted to that Degree at , on the
day of .    And that I am the Person named in the Certificate now produced, and
that I am a British Subject by birth, [or naturalization, if naturalized state the date].
And I make this solemn declaration, &c, [concluding as above].
NEW WESTMINSTER:
PRINTSD AT THE GOVERNMENT PRINTING OFFICE. M
BRITISH COLUMBIA
ANNO TRICESIMQ
VICTORIJ3    REGINJE.
* * ********* ************* **$* ******^*
NO. 21.
An   Ordinance  to  render   uniform   the
Laws establishing a Decimal System    |
of Accounts, and regulating the Currency of the Colony.
[2nd April, 1867.]
TyHEREAS it is expedient to render uniform the Laws establish- preambIe
Vr     ing a Decimal System of Account^ and regulating the Currency in all parts of the Colony ;
Be it enacted by the Governor of British Columbia;  with tht
advice and consent of th.e.Legislative Council thereof, ..as follow*: u
I. "The CuijWKiy Act, 1862," of the; former Colony of Vancmwer Repeals former Act*.
Island and its Dependencies, and "The Decimal Curren-QyiOr^n^fce
1865," and "The Currenc}' Adjustment Ordinance,  1866„" of the
Colony of British Columbia, previous to the Union, are hereby repealed.
H. The Purblie Accounts of the Colony shaMbe kept in Dollars Public Accounts to
and Cents; and all accounts to be rendered to the Government or be kePt in Dollars
to any Public Office or Department in the said Colefoay, by any;Of- and Cents-
ficer or Functionary,, or b^ay person receiving aid from the Colony, or being otherwise accountable to the Government thereof,
sball be so rendered in Dollars and Cents.
HI. Except as to Fines, Forfeitures,  Duties   of Customs, and Equivalent moneys
other the sums hereinafter excepted, the following Gold and Silver of Account.
Coins shall pass current for and be a legal tender for the sums set
opposite to them:
The pound Sterling, or Sovereign, for /four Dollars and Eighty-
r & I fiye Cents,
The J Sovereign    i Jwo D°lla,r8i;n/? ¥oTty~
2 b \ two and a half Cents,
The Crown piece  1 One Dollar and Twenty-
r \ five Cents.
The £ Crown piece  Sixty-two and a half Cts,
The Shilling     Twenty-five Cents,
The Sixpence   Twelve and a half'Cents,
The Threepenny piece   Six Cents,
The Gold Eagle of the U. S. of America,) m     -r\ n
coined after JaSuary 18th, 1837, ' J Ten Dollars,
The Twenty Dollar piece, coined after 1 m       .   -^ ..
the like date  [Twenty Dollars,
The Five Dollar piece, coined after the } -n,.     ^ ,,
like date „ j Five Dollars,
The Two and a half Dollar piece, (jowred 1 Two Dollars and Fifty
after the like dfttfe ***.. j Ce«t8fc a
The 30° YICTORUE, No. 21.
Currency Ordinance.
The Dollar Gold piece, coined after the 1 /-.     -p. nl
vi    j .                    r      ' > One Dollar,
like date  j
The Silver Dollar piece   OneDollar,
The Half Dollar     Fifty Cents,
The Quarter Dollar  Twenty-five Cents,
The Dime  Ten Cents.
Tender of Silver IV. Silver Coins shall not be a legal tender to the amount of more
Coins limited. 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 Ten 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 Dollars.
Scale for converting VI. All Fines, Fees, Forfeitures, Duties of Customs, and
sterling in local laws other the sums of money made payable to the use of Her Majesty,
mto Currency. jjer jje}rs an(j Successors, in Sterling, and which may be due
or leviable under the provisions of any Act of the Imperial Parliament now or hereafter to become in force in this Colony, or of any
Proclamation, Ordinance, or Act now in force in this Colony, or any
part thereof, shall be levied, assessed, and collected according to the
following scale of conversion, that is to say:—
In lieu of J Penny Sterling     1 Cent,
„        1 Penny   2 Cents,
„ 1 Shilling, or 1 Shilling and a J Penny 25 Cents,
„ 2 Shillings, or 2 Shillings and 1 Penny 50 Cents,
„       4 Shillings, or 4 Shillings and 2 Pence  1 Dollar,
6 Shillings, or 6 Shillings and 3 Pence {^c^te*114
|       8 Shillings, or 8 Shillings and 4 Pence 2 Dollars,
and so on in like proportion;
and in lieu of the Pound Sterling  5 Dollars.
Short Title. VH. This Ordinance may be cited for all purposes as "The Cur
rency Ordinance, 1867."
Passed the Legislative Council the 20th day of March, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 2nd day of April, 1867.
FREDERICK SEYMOUR,
Governor.
NEW WESTMINSTER :
PRINTED AT THE GOVERNMENT PRINTING OFFICE. L. S.
BRITISH COLUMBIA.
ANNO TEICESIMO
VICTORIA    BEGINS.
**************************** ********
NO. 22.
An Ordinance to assimilate the Law empowering the Governor to create Ports
of Entry in British Columbia.
[2nd April, 1867.]
WHEREAS it is expedient for the purposes of Commerce to Preamble.
assimilate the Law empowering the Governor to create
Ports of Entry in all parts of the. Colony;
Be it enacted by the Governor of British Columbia, with the
advice and consent ofthe Legislative Council thereof, as follows:
I. "The Port of Entry Ordinance, 1865," is hereby repealed; Repeals Port of En-
save and except as to all rights acquired, and acts done there- try°rdinailce>1865-
under.
II Fiom the date ofthe passing of this Ordinance, it shall Governor may create
be lawful for the Governor, by Proclamation under his hand pSa°m£Zby
and 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.
ILL This Ordinance may be  cited for all purposes as "The Short Title.
Port of Entry Ordinance, 1867."
Passed the Legislative Council the 28th day of March, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 2nd day of April, 1867.
FREDERICK SEYMOUR,
Governor.
m
I
NEW  WESTMINSTER:
PRINTED AT THE  GOVERNMENT PRINTING  OFFICE.  {,,}
BRITISH COLUMBIA.
ANNO TRICESIMO
VICTORIA   REGIN^.
****************************************
NO. 23.
An Ordinance to repeal the Real Estate
Tax Acts of Vancouver Island.
[2nd April, 1867.]
"1T7HEREAS it is expedient to repeal the Real Estate Tax Acts of the preamble.
YY
lately separate Colony of Vancouver Island and its Dependencies,
Be it enacted by the Governor of British Columbia, with the advice
and consent ofthe Legislative Council thereof, as follows:
I. "The Real Estate Tax Amendment Act, 1862," is hereby repealed. Repeals "The Real
Provided, however, that such repeal shall not have the  effect of re- Estate Tax Amend-
' .    ' f ment Act, 1862."
viving any Act or Acts repealed by the said Act hereby repealed, and
provided that the repeal ofthe said Act of 1862, shall not affect any liabilities or penalties already incurred under such Act of 1862, hut such
liabilities and penalties shall still he capable of being inflicted and imposed as if such Act of 1862, were still in force.
II. This Ordinance may be cited for all purposes as !iThe Real Estate short Title.
Tax Repeal Ordinance, 1867."
Passed the Legislative Council the 29th day of March, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
J
Assented to, in Her Majesty's name, this 2nd day of April, 1867.
FREDERICK SEYMOUR,
Governor.
NEW WESTMINSTER :
PRINTED AT THE GOVERNMENT PRINTING OFFICE.  h.a.
BRITISH COLUMBIA
ANNO TRICESIMO
VICTOR!
EGINiE.
****************************************
NO. 24.
An Ordinance further to extend the time
granted to the Harewood Colliery
Company, Limited, by "The Harewood
Railway Company's Act, 1864/' for
making and completing a Tramway
from the Company's Mines to Departure Bay, Nanaimo.
[2nd April, 1867.]
WHEREAS it is expedient to extend the period now granted to Preamble.
the said Company for completing the line of Tramway required
by Section 2 of "The Harewood Railway Company's Act, 1864."
Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:
I. The Harewood Colliery Company, Limited, in the said Act cal- Extends privileges
led the Harewood Railway Company, shall and may make and com- to 7th January, i86».
plete the permanent way of' the said line, from the point A. to B. in the
"Harewood Railway Company's Extension Act, 1866," more particularly described, with at least a single line of Rails of a g'uag'e not
exceeding six feet two inches, with all necessary sidings and other
works convenient for the traffic of the line, by the 7th day of January, A. D. 1869. Provided, however, that nothing in this Ordinance
contained, except as aforesaid, shall be held to relieve the said Company from the performance of any matters or things mentioned in
the said "Harewood Railway Company's Act, 1864."
H. This Ordinance may be cited for all purposes as "The Hare- ghort Title.
wood Colliery Company's Railway Extension Ordinance, 1867."
Passed the Legislative Council the 29th day of March, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 2nd day of April, 1867.
FREDERICK SEYMOUR,
Governor.
NEW WESTMINSTER:
PRINTED AT THE GOVERNMENT PRINTING OFFICE.  BRITISH COLUMBIA.
ANNO TRICESIMO
VICTORIA    REGIND
m    *     t*    V    1*    T    *^    *P    »p    ^P    *i*     ^    ^F     t*     *f»    1»    ^K    ^P    ^t.   -T-    3p    ^6     3f-     ^*     *f     ^(    «|C     »(C      9|C    JK    Jfs    jK    J|C    JjC    jp    3(C
NO. 25.
An Ordinance to assimilate the Law regulating the Postal Service.
[2nd April, 186.7.]
WHEREAS, it is expedient to assimilate the Law regulating the Preamble.
Postal Service to all parts ofthe Colony of British Columbia:
Be it enacted by the Governor of British Columbia, with the advice
and consent ofthe Legislative Council thereof, as follows.'
I. From and after the passing of this Ordinance "The P.0§tal
Ordinance, 1864," is hereby repealed. Pjfovidedjhowever that sueh
repeal shall not affect any rights acquired under such Ordinance, or
any liabilities or penalties already incurred under such Ordinance,
or any. remedies or punishments prescribed by such Ordinance'for
enforcing the same, but such remedies and punishments may still
for the purpose of such enforcement, but not further or otherwise,
be held to be available and capable of imposition as if such Ordinance were still in force.
Repeals Postal Ordinance, 18G4.
H. It shall be lawful for the Governor to establish for the reception and transmission of Letters and other Mail matter, as many
Post Offices throughout the Colony as he may from time to time
deem necessary.
ILL It shall also be lawful for the Governor, from time \o time
to appoint a Postmaster General and such Postmasters in the Colony as he shall deem necessary, to hold office during his pleasure,
and to prescribe and vary the mode and amount of their remuner*-
tion and securities, the nature and extent of their duties; and it shall
be lawful for the Postmaster General, subject to the directions of
the Governor, to regulate the weight and dimensions of letters, to
define the various kinds of postal matter, to prohibit the sending of
dangerous or improper articles by post; to prepare and distribute
such Colonial Stamps for the pre-payment of postage, to order such
pre-payments, and generally to make all such other regulations for
the more effective management, of the Post Office department
throughout the Colony, as to such Postmaster General (subject as
aforesaid) shall seem'expedient for the Public service.
IV. It shall be lawful for the Governor to direct the Postmaster
General to advertize for tenders for the conveyance of Malls•wwhin
the said Colony.
~V. The Postmaster General, or sugjHoiher per,son as may be aa-
;thorized by the .Governor in that behalf, may, ;with the approval of
-the "Governor, enter into contracts for the conveyance of -Mails in
the Colony.
;JVL In-*iH Jaroceedings and things .whatsoevem<^%ting ttythe Post
Office ok*postal matters, £he (Postmaster General may sue and be
sued in his own name.
VH. In
Establishment of
Post Offices.
Appointment of
PostmasterBT
Regulation of Postal
details.
Tenders for Mail
service.
MaU Contracts.
Postmaster General
may sue and be sued. 2 30* VICTORLE, No. 25.
Postal Ordinance^
Property in Postal       VTL In all proceedings whatsoever relating to Postal matters, in
matters. which it shall be necessary or usual to allege or prove property,
every letter, paper, and matter being conveyed by, to, or from, or
deposited in or with any Post Office, or Postmaster, or other person
in the employ of the Post Office in t&ejColony, shall for the purposes of this Ordinance be deemed and! laid as the property of the
Postmaster QeneratT
Loose Letters. VllL Every master or person in charge of any vessel arriving from
parts beyond the seas shall be entitled to receive two cents for every
letter not included in any Mail deliverefK-to the Postmaster at any
Port in the Colony, or to any person authorized by him to receive
the same.
Rates of Postage on     IX. "That "every letter depositecnfr"tor*p'assmg through any Post
Letters. Office in the Colony, and not exceeding half an ounce in weight,
there shall be paid a postage according to the following scale, that
is to say:
At or between Victoria or any Post Office in Vancouver
Islandand Hew Westminster, or any port in the Colony...   5 Cents.
Between Vancouver Island or New Westminster and
Clinton or Savana's Ferry 12£ Cents.
Beyond those distances  fi 25 Cents.
Between any two Post Offices above Yale, Hope, and
Douglas 12J Cents.
And for every additional half an ounce, or fraction
of half an ounce beyond the above weight, there shall
be paid on each such letter an additional postage according to the foregoing rates.
Rates of Postage on     X. That for every single newspaper deposited in or passing
Newspapers. through anv Post Office in the Colonyithere shall be padd a postage
of two cents.
Foreign Mail Con-       XI. The Postmaster General, with the approval of the Governor,
tracts, may enter into contracts with Foreign countries, for the conveyance
and transmission of Mails to and from British Columbia, from and
to such countries.
Power to search for X 11. It shall be lawful for the Postmaster or other officer of the
Letters unlawfully p0Sj- Office department, duly authorized, at any place, to open,
search and examine the letter bags, or parcels, packages, or persons
of any Express Companies or parties suspected of conveying letters
or other Mail matter liable to Postage under this Ordinance, without previous pre-payment thereof.
Franking Letters. XIII. All letters on Public Service*, marked over the address ^'On
Her Majesty's Service," aud bearing the name ofthe writer or department on the left hand corner, shall pass free.
Unclaimed Letters. XIV. Every Postmaster shall on the last Monday of every month,
cause a list ofthe then remanding unclaimed or undelivered letters,
to be made out in writing and affixed, to some conspicuous part of
the Post Office, there to remain for the space of ninety days, after
which period all such letters then remaining unclaimed or undelivered shall be transmitted by the Postmaster to the Postmaster
, General, who shall advertize the same for the space of one mouth
in the Grovernment Gazette. The Postmaster General shall have
authority to open such letters, and to return them to the writers
thereof, after the expiration of nine calendar months from the date
of such advertisement.
offences   declared       XV. Any person who shall steal, embezzle, secrete, or destroy
e   y* any Post Letter Bag, or packet, or Post Letter, or any chattel, money,
security, or thing whatsoever, in such bag, packet, or letter contained, or unlawfully open any Post Letter Bag or packet, or unlawfully
take any letter or tiling ont of such bag or packet, or forgo, or be
engaged in' or accessory to forging or attempting to forge any Postage Stamp or form issued or used!, or to be issued or used under the
authority of this Ordinance, shall be deemed guilty of a felony, and
punishable by imprisonment tor life by any Court having jurisdiction
in that behalf.
XVL Anv 30° VICTORLE, No. 25.
Postal Ordinance.
XVI. Any person or persons, corporation, firm, or partnership offences punishable
whatsoever, that shall knowiugly aud with intent to defraud the by ene.
Revenue, convey, or be concerned in the conveyance of any letter
or other Mail matter liable to postage, and on which the rate of postage by this Ordinance prescribed, shall not have been pre-paid, shall
be liable upon conviction for each such offence, to a fiue of not less
than Twenty-five Dollars or exceeding Two Hundred and Fifty
Dollars; every such penalty may be recovered upon conviction before any Justice of the Peace or other Magistrate in the Colony,
in a summary manner, and in each such ease the informer shall be
entitled to receive half the penalty recovered, the remainder shall be
paid to the use of Her Majesty, her heirs and successors, and be accounted for as part of the Revenue.
Every such penalty or fine, shall be recovered by warrant of distress of the goods and chattels of the offender.
And in case of default in payment of such fine, or of the insufficiency of such distress, the offender shall for every such offence be
liable to an imprisonment not exceeding three calendar months, at
the discretion of the Justice or Magistrate convicting.
XVII. The conveyance or attempt to convey any letter, paper or Separate offences.
Mail matter liable to postage, without the previous payment to the
Post Office department of the proper postage thereon, shall for every
such letter or thing be deemed a separate offence, and be punishable
accordingly.
XVni. Any offence under this Ordinance, may be dealt with, in- Offences pnnishabi
dieted, tried, and punished in any place or district in the Colony, in any part of the
where the offence is committed, or in which the offender is appre- Colony-
hended or in custody, as if actually committed in such place or
district.
XIX. All letters, papers and other Mail matter not hereinbefore ah Letters to be pre-
made free of postage transmitted within the Colony, shall be pre-paid. Paid-
XX. In the construction   of this   Ordinance  the word "Go- interpretation
vernor" shall  be held to mean the Governor of this Colony or clause-
other the Officer administering the Government of this Colony
for the time being, and whenever in this Ordinance in describing or
referring to any person or party, matter or thing, any word importing the masculine gender or singular number is used, the same shall
be understood to include and be applicable to several persons and
parties as well as one person or party, and females as well as males,
and bodies corporate as well as individuals, and several matters and
things as well as one matter or thing, unless it otherwise be provided or there be something in the subject or context repugnant to such
construction.
XXI. This Ordinance may be cited for all purposes as "The Postal Short Title.
Ordinance, 1867."
Passed the Legislative Council the 13th day of March, A. D. 1867. ,a*s
Charles Good, Arthur 1ST. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 2nd day of April, 1867.
FREDERICK SEYMOUR,
Governor.
NEW WESTMINSTER !
PRINTED AT THE GOVERNMENT PRINTING OFFICE.  L.s.:
BRITISH COLUMBIA.
ANNO TRICESIMO
YICTORIJ2-< REGINJ).
NO. 26.
An Ordinance to confirm the expenditure
of the sum of One Hundred and Forty-
One Thousand Two Hundred and Ninety-Five Dollars and Fifteen Cents, for
the Service of the Colony of Vancouver Island, for the Year One Thousand Eight Hundred and Sixty-Six.
[2nd April, 1867.]
MOST Gracious Sovereign: whereas certain Supplies are re- p
quired to meet the Expenditure for the Tear One Thousand Eight Hundred and Sixty-Six, of the late Colony of
Vancouver Island and its Dependencies; we do, therefore, most
humbly beseech Your Majesty that it may be enacted; and
Be it enacted by the Governor of British Columbia, with the
advice and consent ofthe Legislative Council thereof, as follows:
I. That the sum of One Hundred and Forty-One Thousand £™?^u,pKply of
m J m Spl41,295.15.
Two Hundred and Ninety-Five Dollars and Fifteen Cents, be
granted to the use of Her Majesty, for the purposes mentioned
in the Schedule hereto; and that the same be paid out of the
General Revenue of the late Colony of Vancouver Island and
its Dependencies and the General Revenue of the Colony of
British Columbia, for the Service of Vancouver Island and its
Dependencies, for the Year One Thousand Eight Hundred and
Sixty-Six, and the Governor is hereby authorized to pay and
apply the same accordingly.
reamble.
Passed the Legislative Council the 2nd day of April, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk.
Presiding Member.
Assented to, in Her Majesty's name, this 2nd day of April, 1867.
FREDERICK SEYMOUR,
Governor.
Schedule BO9 VICTORIA, Mo. 26..
Vancouver Island Appropriation Ordinance.
SCHEDULE.
For Establishments .'  $58,145 58
Pensions  3,274 96
Bevenue Services  1,139 25
Administration of Justice    2,326 95
Charitable Allowances   3,000 00
Education   9,787 92
Police and Gaols    7,391 74
Eent  708 50
Transport    5 00
Conveyance of Mails  10,033 75
Works and Buildings   9,421 44
Eoads, Streets, and Bridges    2,066 22
Miscellaneous Services  5,487 32
Interest   6,798 03
Drawbacks and Eefdnds  1,593 16
Government Vessels    !  14,387 60
Light Houses  5,727 78
NEW WESTMINSTER:
PRINTED AT THE  GOVERNMENT PRESTTIira OFFICE. L. S.
BRITISH COLUMBIA.
ANNO TBICESIMO
T
NO. 27.
An Ordinance to confirm the Expenditure
for the services ofthe year Eighteen
Hundred and Sixty-Six not authorised
in the grant for that year.
[2nd April, 1867.]
MOST Gracious Sovereign: whereas certain further supplies Preamble
are required to meet the expenditure for the year Eighteen
Hundred and Sixty-Six, not authorised in the grants made for
the service of that year, we beseech Your Majesty that it may
be enacted and be it enacted by the Governor of British Co-
lumbia, with the advice and consent ofthe Legislative Council
thereof, as follows:
I. That a supplementary sum of Ninety-Six Thousand Nine Grants Suppiemen-
Hundred and Eighteen Dollars and Eleven Cents, be granted |a9Yli8Piiy °f
out of the General Revenue of the Colony of British Columbia,
for the services of the year Eighteen Hundred and Sixty-Six,
for the following purposes, viz:—
For Establishments     $8,606 17
Pensions, Eetired Allowances, and Gratuities   1,380 00
Administration of Justice, Exclusive of Establishments      509 00
Charitable Allowances       1,760 00
Police and Gaols, Exclusive of Establishments     3,460 00
Kent  60 00
Transport  5,114 00
Conveyance of Mails   24,172 00
Works and Buildings  5,595 00
Koads, Streets, and Bridges  26,015 00
Miscellaneous Services    7,771 94
Interest  10,860 00
Drawbacks and Kefund of Duties     317 00
Sinking Fund     464 00
Government Vessels    834 00
And the above expenditure is hereby confirmed and allowed,
and is hereby declared to be a charge against the General
Revenue of the said Colony.
Passed the Legislative Council the 2nd day of April, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 2nd day of April, 1867.
FREDERICK SEYMOUR,
Governor.
NEW  WESTMINSTER:
PRINTED  AT  THE   GOVERNMENT  PRINTING  OFFICE.
11  BP
M
BRITISH COLUMBIA.
>m<mo TEICESIMO
VICTORIA   REGINH.
NO. 28.
An Ordinance to assimilate and amend the
Law prohibiting the sale or gift of Intoxicating Liquor to Indians.
[2nd April, 1867.]
WHEREAS, it is expedient to assimilate the Law prohibiting the preambie.
sale or gift of Intoxicating Liquor to Indians in all parts ofthe
Colony of British Columbia, and to amend the same;
Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:
I. "The Indian Liquor Act, 1860," of the Colony of Vancouver Repeal of preceding
Island and its Dependencies, and "The Indian Liquor Ordinance, Acts and Ordinanc-
1865,"  of the Colony of British Columbia, are hereby repealed* es> with proviso.
Provided however that such repeal shall not have the effect of reviving any Proclamations, Ordinances, or Acts respectively repealed
by the said Act or Ordinance hereby repealed or either of them;
and provided also that all liabilities and penalties imposed and accruing, due under the said repealed Act and Ordinance or either of
them, and all remedies and punishments for recovering and enforcing
the same, shall still notwithstanding such repeal remain in full force
aftfd effect and be capable of being enforced and inflicted as if such
Act and Ordinance were still in force, but not further or otherwise.
H. Any person selling, bartering, or giving, or attempting to sell,
barter, or give Intoxicating Liquor to any Indian of the Continent
of North America, or ofthe Islands adjacent thereto, shall be liable
on conviction for each such-offence, to a fine not exceeding $500.
HI. Any person found in possession of Intoxicating Liquor of any
deseripion in the house, tent, or place of abode of any Indian, is liable
under this Ordinance to be deemed prima facie to be in such house,
tent, or place of abode, for the purpose of giving such Intoxicating
Liquor to Indians, and shall upon conviction be liable to a fine not
exceeding $500, and imprisonment not exceeding six months.
TV. "When it shall be proved to the satisfaction of the convicting
Justice, that the person charged has been before convicted under
this Ordinance, or either ofthe Act or Ordinance hereby repealed,
the JusUce may, on conviction, commit such offender to prison for a
4&,m not exceeding twelve months with hard labour, without the
Wption of a fine, should such Justice see fit so to do.
V. In any case where it shall be proved to the satisfaction of the
convicting Justice, that the offender has not attained the age of sixi
teen years, the Justice may order such offender to be once or twice
privately whipget^ in lieu of or in addition to the aforesaid penalties.,
at the discretion of the Justice.
VI. Any person holding any wholesale or retail Liquor Lidejree Penalties on Hcens-
in the Cokjtvv, who shall be convicted undeiithis Ordiasinbe sha*b, ^^"thL"^-
at the discretion of the convipting Justice, be liable to thfoforfeltuif^ nancegmg
of
Imposes a penalty
of $500 for selling
liquor to Indians.
Persons found in Indian dwellings with
liquor punishable.
2nd offence liable to
12 months'  impris-
onmeut with hard
lahour.
.\ttth
Offender under 16
years of age may be
privately whipped. 30° VICTORIA, No. 28.
Indian Idquor Ordinance.
On what conditions
Liquor may be shipped to thejjNorth-
west Coast.
Penalty for obstructing officers in the
performance* of
duty.
Penalties.
of his License, in addition to the other penalties, and slfall nod be
entitled to a renewal of such License in any part of the Golony, ftor
a term of two years from the date of such conviction.
Vn. "When it shall be proved before any Justice, that any vessel,
boat, canoe, or conveyance of anyJdesCription, whether on the Coast
of British Columbia; or on anyrrver, race, or^tream in the Colony,
is employed in carrying Intoxieating—Liquor 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 Liquor in manner aforesaid,
on board of such vessel, boat, canoe, or- conveyance so employed-,
shall be liable to all the penalties provided for under thisvQrdinance,
for persons convicted of selling Liquor to Indians.
V1XI. It shall be lawful, neverthllls^for "any Justice before whom
any charge is brought under 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.
IX. Any pei^son giSHarg information leading to the convieti*n of
any person unaer-tbis iOrdinanee^-shall be entitled to^geceive one-
third of any pecuniary penalty inflicted under this Ordinance, at the
discretion of the convicting Justice.
X. It shall be lawful for any Officer of Customs, or for any Superintendent or Inspector of Police, or any other Officer speawraL
pointed by the Governor for that pWrpose, or for any Officer'of Her
Majesty's Navy on full pay, at his discretion t§>r!rum"rj|age and*search
for fermented, spirituous or iutox-jeating Liquor, any ship, boaty
canoe, or other vessel suspected of containing intoxicating.Liquor
for the use of Indians, and upon reasonable ground in tHa^beh^lf.
to detain and seize the same, and bring her for the purpose of investigation and adjudication to anj^ convenient Port or Place rwfthin
the said Colony, and every Master of a ship, boit, canoe or otlxer
vessel having on board his ship, boat, canoe or other vessel, any feT*
mented, spirituous or intoxicating Liquors not samfa^TOrily [-accounted for shall forfeit and pay a penalty not exceeding $1000, 4rad aft
such last mentioned fermented, spirituous or intoxicating LwujXS
shall be forfeited.
XL No Ship, Boat, Canoe, or other Vessel having Fermented^
Spirituous, or Intoxicating Liquors on board shajhjeave any Por1oi&
the Colony of British Columbia for any part ofthe Coast of the said
Colony, or for anv Port or Place on the Coast of Russian America,
or to the Northward thereof, without the Master of such Snip; Boat*
Canoe, or other Vessel, making a declaration in the Form mSrfcea
1. in the Schedule to this Ordinance, setting forth the qtllfffi^ies,
description, and destination of such Liquors ajoafgr^aid as\n\iyLbe
on board, and obtaining from the Officer of Customs at the Port of
departure a Permit to carry such Liquors, which Pe3$p£t mayibfeflB
the Form marked 2. in the said Schedule. It shall;'|te lawful, however, for the Governor to exempt any Vessel^from the operation of
this Section of this Ordinance whenever the circumstances shall jke
such as in the opinion of such Governor to render such exemption
expedient and desirable.
XII. Every person obstructing any Officer of Customs, or of Her
Majesty's Navy on full pay, or any Peace Officer, or other Offi#$f
specially appointed b}' the Governor for the purjppse of this Orcfe
nance, or any person lawfully acting under their or an.yl<9fjh<&heiF
orders respectively in pursuance of the powers given under -this
Ordinance, shall be guilty of an offence, and on conviction
thereof shall be liable to a penalty not exceeding the sum of $500.
XHI. Whenever any penalty is imposed for any offence under
this Ordinance, the same may, unless otherw^8$oiprovi$ed, be
recovered and inflicted by way of summary.proceedings beforej-any
single Justice of the Peace, and every such penally may wSh'TiQsts
of conviction be levied by distress1 ,Jand sale of the Goods and
Chattels of any offender, and in case Siieli Goods and Chattels shall
prove 30° VICTORIA, No. 28.
3
Indian Liquor Ordinance.
prove insufficient to satisfy such penalty and costs, then by imprisonment of such person so offending for any term not exceeding twelve
calendar months.
XIV. In the  construction  of this  Ordinance the word "Go- Interpretation
vernor" shall be held to mean the Governor of this Colony or daase.
other the Officer administering the Government of this Colony
for the time being, and whenever in this Ordinance in describing or
referring to any person or party, matter or thing, any word importing the masculine gender or singular number is used, the same shall
be understood to include and be applicable to several persons and
parties as well as one person or party, and females as well as males,
and bodies corporate as well as individuals, and several matters and
things as welLas one matter or thing, unless it otherwise be provided or there be something in the subject or context repugnant to such
construction.
XV. Incase of any summary conviction under this Ordinance Warrant of Commit-
no warrant of commitment upon a conviction shall be held to be ment*
invalid by reason of any defect therein, if it be therein alleged that
the person offending has been convicted, and there be a good and
valid conviction to sustain the same.
XVI. This Ordinance maybe cited fbr all purposes as "The Indian Short Title.
Liquor Ordinance, 1867."
Passed the Legislative Council the 14$. day of February, A. D. 1867.
Charles Goon, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 2nd day of April, 1867.
FEEDEEICK SEYMOUE,
Governor.
SCHEDULE.
Form 1,
SHIPPING  BILL  FOR  FERMENTED,
SPIRITUOUS, OR  INTOXICATING
LIQUORS^
Name & description of ship,boat,
canoe,  or  other
vessel.
Whether British
or Foreign; if
Foreign the
Country.
Master's name.
o
<d a
O   O
m
O   CO
., at
o
r\t
Quantity and
description of
Liquors on
board.
To whom consigned, or if for
ship's use.
I declare the entries in this Bill to be correctly made.
Signed,
Master of the above Ship.
(Station of Clearance).
Dated this day of 186    .
Form 2.
PERMIT TO CARRT FERMENTED, SPIRITUOUS, OR INTOXICATING LIQUORS.
sa
eu+? <u
h o S
+j>     *-_ cd
S-^o
"E     -a
T3 ." t-<
_a o
•3  m
Name
tion of
canoe,
0
CO
CO
CD
!>
Wheth
or For
if Fore
Counti
g
a
II
p.*
>-.S
o ^
CO
-*J   CD
CM
'2 °
Sec
§:
a ©
.a>;s
CO    CO
The Fermented, Spirituous, or Intoxicating Liquors above described, are hereby
permitted to be carried and borne to the destinations and for the purposes above
specified.
Signed, (name and description of Officer).
(Station of Clearance).
Dated this day of 186    .
NEW WESTMINSTER:
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BRITISH COLUMBIA.
ANNO TRICESIMO
VICTORIA    REGIN^. |__.
**************************** ********
NO. 29.
An Ordinance respecting Harbour and
Tonnage Dues, and to regulate the
Licenses on the Vessels engaged in the
Coasting and Inland Navigation trade.
[2nd April, 1867.]
WHEKEAS it is expedient to assimilate and amend the Laws preamDie
relating to the collection of Harbour and Tonnage Dues and
.Coasting and Inland Navigation Licenses;
Be it enacted by the Governor of British Columbia, with the
advice and consent ofthe Legislative Council thereof, as follows:
I. The British Columbia Proclamations of the 15th June, 1859, R     .
of the 25th June, 1859, and of the 10th Dceniber, 1859, relating Acts.
to Tonnage Dues, "The Harbour Dues Amendment Ordinance,
1865," together with "The Ports of Entry Act, 1863," "The Harbour
Dues Act, 1866," and "The Stock and Carcass Act, 1865," of the
former separate Colony of Vancouver Island, are hereby repealed,
save as to any sums due on wrongs and penalties recoverable and
.enforceable under the aforesaid Proclamations, Acts, or Ordinances,
or any of them, but no such repeal shall revive any local laws
previously repealed by any such Proclamations, Acts, or Ordinances.
II. From and after the passing of this Ordinance, there shall be v '£M   £ „ A n,
..,       ,, , ,       . , r      ,& ,, XT      •««-. tt      tt- -i  Entrance and Clear-
Jevied, collected, and paid, to the use of Her Majesty, Her Heirs and ance Fees as in
Successors, on all Vessels entering inwards from parts beyond sea, Schedule A.
or clearing outwaixUs for parts beyond sea, or engaged in the Coasting Tirade of the said Colony or in the navigation,of the Rivers and
Lakes and Inland Waters of tthe said Colony,!the several sums more
iparticularly described in the Schedule hereto marked A.
HI. The said sums are hereby made payable to the Collector of rAi1o„«„„ „„j„.
.,, n1 .-i/^i l-ii j-i-iTi- 1n collection unaer
Customs of the said Colony, who is hereby authorized by himself charge of Collector
and his Officers to demand and enforce payment of the same from of Customs.
the -Master ofthe Vessel in respect of whkih such moneys are payi-
able, and to give full aud complete receipts and discharges for the
same.
TV. The Coasting Trade ofthe Colony of British Columbia shall Coasting Trade'how
be deemed to be described, regulated, and restricted by those provi- regulated,
sions of the "Customs Consolidation Act, 1853," which refer to the
'CoasiShg Tr¥de ofthe United Kingdom, and the regulations, restrictions, and penalties therein contained shall be deemed and'%tken to
apply^to all Vessels and persons engaged in the Coasting Trade of
British Columbia as if British Columbia had been expressly named
in such nj»visio>ns in lieu of the United Kingdom.
V. It shall be lawful for the Governor in Council at any time or F0re;„n bottoms
times, should special circumstances make the granting of such pri- bow licensed for
vileges in his opinion desirable, hereafter to license and authorize Coasting Trade,
any Foreign Bottoms to engage in the Coasting Tirade or Inland
1
Navigation of .British Gfjhimbija*
VL All 80° VICTORIA, No. 29.
Shipping Ordinance.
Collector of Customs
to grant all licenses.
Licensed Foreign
Vessels how regulated.
Penalty for not taking out license.
Disputes about collection how settled.
Interpretation of
"parts beyond sea."
Applies part of Merchant Shipping Act,
1854.
Schedule.
Interpretation clause.
Penalties how recoverable.
Short Title.
VI. All licenses granted under this Ordinance shall be un^er the
hand ofthe Collector of Customs, or other Officer duly authorized
by the Governor in that behalf, and may be in the form ap'prfeable
to the particular case contained in Schedule B hereto,' arid may
contain such special provisions of revocation, variation, or otherwise,
as to the Governor in Council may seem meet.
VII. In addition^fcocany^such provisions, or in the absence thereof,
every Foreign Vessel so licensed, and the Master thereof while so
licensed, shall be respectively subject to the same regulations and
penalties as apply under this Ordinance to British Bottoms similarly
engaged, and the Masters thereof, respectively.
VLU. If any Vessel shall proceed on any Coasting Voyage or any
Voyage on any River, Lake, or other Inland Waters, without having
taken out a License for such Coasting or Inland Trade, the Master
of every such Vessel for every such offence shall forfeit a sum not
exceeding Five Huudred Dollars.
IX. In case of any dispute concerning any moneys hereby authorized to be leaped and paid, or the evasion or attempted evasion ot
the payment thereof, the amount payable shall be ascertained and
recoverable under the provisions of the "Customs Consolidation Act,
1853," so far as such provisions are from local circurn&tances capable
of bragArpplied, in the slrme manner as if the moneys hereby made
payable were Duties of Customs lawfully imposed, and any Vessel
in "respect of which any such default shall arise may be detained for
and during the continuance of such default.
X. In the construction of this Ordinance and the Schedule hereto,,
the expression "parts beyond sea" shall include any port or place
Deyond the limits of the Colony.
XL So much of Part IV. ofthe "Merchant Shipping Act, 1854,"
as refers to the survey and inspection of Vessels, and the prevention
of accidents, and from local circumstances is applicable to this Colony, shall extend and apply to Vessels engaged iu navigating the
Inland Waters ofthe Colony.
XII. The Schedules hereto shall form part of this Ordinance.
XIII. In the construction of this Ordinance the word "Governor" shall be held to mean the Governor of this Colony or
other the Officer administering the Government of this Colony
for the time being, and whenever in this Ordinance in describing or
referring to any person or party, matter or thing, aiSby, wordi'importing the masculine gender or singular number is used, the sameshail
■be understood to iuell&kie and be applicable to several persons and
parties'as well as one person or party, and females as well as males,
-and bodies corporate as well as individuals, arid several maitterE and
things as well as one matter or thing, unless it otheBwise be provided or there •befe§>nietl]ing>ini the subject or context repugnant to such
icpnstruction.
XIV. Every penalty imposed by or by viutue of this Ordinance, not
otherwise herein provided fbr, may, with the costs of conviction, be
levied by distress abd sale of the goodsiand chattels of any offended
and in case such goods.and chattels shall prove insufficient to satisfy
such penalty and costs, then by imprisonment ot such offender for
any term not exceeding Three Calendar Months, and no warrant of
commitment upon a conviction under or by virtue of this Ordinance
shall be held to be invalid by reason of any defect if it be therein
alleged that the offender has been convicted and there be a good and
valid conviction to sustain the same.
XV. This Ordinance may be cited for all purposes as the "Shipping Ordinance, 1867."
Passed the Legislative Council the 21st day of March, A. D. 1867.
Charles Good, Arthur N. Birch,
C lerk. Presiding Member.
Assented, to pin Her Majestyfe name, this£nd day of April, 1867.
FREDERICK SEYMOUR,
Governor. 30° VECTORISE, No. 29.
Shipping Ordinance.
SCHEDULE A, ABOVE REFERRED TO.
For all Vessels, other than Vessels holding a Coasting License,
entering or clearing at any port, for every such entrance or clearance 4 cents per ton register,
Provided, always, that such charges shall not be made upon or
exacted from Vessels seeking any Harbour in distress or by reason
ot' streps of weather, or solely (or the purpose of supplying themselves with stores and provisions.
For all River and Coasting Steamers  $1.50 per ton per annum.
Fur all Coasting Sailing Vessels  $1 per ton per annum.
For ever}° Boat plying or let out for hire, under 12 feet,  $2.50 fbr 6 months.
Do. do. do.        12 feet and over    $5 for 6 months.
Foreveiy Lighter and Scow, under 7 tons, plying or let out for
hire $6 for 6 months;
ai.d lor every additional ton above 7 tons 25 cents for 6 months.
SCHEDULE B, ABOVE REFERRED TO.
[Royal Arms.]
BRITISH COLUMBIA.
COASTING AND RIVER LICENSE.
Subject to the provisions of the "Shipping License Ordinance, 1867," die ""Customs ConsoK-
i la tion Act, 1S53," and so much of Fait IV. of the Merchant Shipping Act, 1854, as relates to
survey, inspection, and prevention of accidents, the , [A. B.,] Master
is hereby licensed lor the Coasting and River Trade from to 18   .
*  , Collector,
Custom House, 18   . (or other competent Officer^).
[ Royal Arms.]
BRITISH COLUMBIA.
INLAND   NAVIGATION  LICENSE.
Snbjectto the provisions ofthe "Shipping License Ordinance, 1867," and so much of Fart
IV. ofthe Merchant Shipping Act, 1854 as relates to survey, inspection, and prevention of accidents, the Steamer [or otherwise as the case may be], , Master, is hereby
licensed to trade on the Inland Waters of British Columbia from to 18   .
*  , Collector,
Custom House, 18   . (or other competent Officer).
* Here insert any special provisions.
new Westminster:
printed at the government printing opfici. - L. S.
BRITISH COLUMBIA.
ANNO TRICESIMO
VICT
\m   REGIN^.
***********       *****************       ******^C3(C
NO. 30.
An Ordinance to assimilate the Laws for
the Regulation of Pilotage in all parts
ofthe Colony of British Columbia.
w
[2nd April, 1867.]
HEREAS it is expedient to assimilate the Laws for the Regula- Preamble,
tion of Pilotage in all parts of the Colony;
Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:
I. "The Pilotage Ordinance, 1866," of the Colony of British Repeals former Acts.
Columbia before the Union, and "The Victoria Pilot Act, 1864," of
the former Colony of Vancouver Island and its Dependencies, are
hereby repealed. Provided however that such repeal shall not affect
any rights acquired or any liabilities or penalties already incurred
under such Ordinance and Act or either of them, or any remedies
or punishments prescribed by such Ordinance and Act or either of
them, for enforcing the same, but such remedies and punishments
may still for the purpose of such enforcements, but not further or
otherwise, be held to be available and capable of imposition as if
such Ordinance and Act were still in force. And provided also that
such repeal shall not have the effect of reviving any Pilotage Law
heretofore repealed.
II. It shall be lawful for the Governor to appoint, and from time power to Governor
to time vary, such persons as he shall deem fitted in that behalf to to appoint and vary
constitute a Pilot Board, who shall have the charge of all matters Pllot Board8»
and things relating to Pilotage and Pilots, subject to the provisions
of this Ordinance.
HI. It. shall be lawful for the Governor in Council, by any order and to make Rules,
duly made and passed, from time to time, and at any time, to make Regulations, and
and alter such rules, regulations, and by-laws, as such Governor in   7"   ws
Council may deem expedient in respect of the following matters,
that is to say:—
(a) The Establishment, management, and maintenance, of the
Pilot Board, its functions and powers;
(6) The duties and jurisdiction of Pilots;
(c) The examination, passing, granting or suspension of Certificates
and Licenses to Pilots;
(d) To examine Masters and Mates of Ships or Vessels belonging to the Mercantile Marine, and to grant to them provisional
Certificates of competency to act as Masters or Mates, as the case
may be, of any such Ships or Vessels;
{e) The exclusion of unlicensed persons acting as Pilots;
(f) Declaring, defining, and enforcing the rates of Pilotage and
Pilot fees, and the exemptions from Pilotage;
(g) The 30° VICTORIA, No. 30.
Pilotage Qfidjnance.
(g) The Vessels And Ships which shall be subject to PilotageT^es;
(A) For regulating-the persons from whonuandio whom-Pilotage
fees shall be appropriated and paid;
(i) For regulating the signals and passing and repassing of Steamboats and oth£riiV^s£l£^th/n>,the w^ters^of tthe -Qplony, and the
duties of Pijgts and |fas.te^|i^fes^)ect ther^tq^ ]
(j1) For regulating the position and claims of Pilots as between
themselves;
(k) And generally to regtttaete;al£s^h other matters and things
whatsoever, in relation to or in connection with Pilots and Pilotage,
w,h\fih the^aid^Q^vgjcnjOr^n Coungdl,.s.haR from time to time jdeem
expedient to oitdain.
the same to be pub-     IV. Every such rule, regulation,  and by-law so made, when
lished in the Govern- -published for one calendar month eon ttmieusly in the Government
ment Gazette for one Q.azene stall, so far as the same shall not have been in like manner
repealed or varied, be deemed to be and have the force of law, and
be so recognised int all the Cpurts of the Colony.
V. Any wilful 'breach or contravention, by any person wtornso-
of provisions of this ever, of a|?jjgrQ,Y?si®m of any part of .auay^owisjBxn of this (Ordinance,
or of any rule, regulation, or By-law <to be made in pursuance thereof,
shall be punishable summaraKiay, upon ^bf^rmatioii hefm&fa Magistrate of the Colony, and upon conviction, oy a fine not exceeding
for a first ofienee ITwo Hundred and Fifty Dollars, and for a second
offence not exceeding Fjve Hundred Dollars.
VI. Every penalty imposed by this Ordinanoemay,'with the costs
of conviction be levied by .distress and sale of the goods and chattels
of any offender, and in any case such goods and chattels shall prove
insufficient to satisfy such penalty and casts, then by imprisonment
9ffpSju$h offender fo? any te^mTipt exceeding Three Calendar Montios,
a^jd no warrant of commitment upqpp. a CG#vicjfci£>n under this Ordinance .sh^all be held to be inva-l^p. &y reason of; any defect if it be
therein alleged that the offender has been conviqted and there be a
g-opd and y^^icouviction to sustain the same.
Vn. In the construction of l&is Ordinance the word "Governor"
shall mean the Governor of tijiis Colony or other person for the time
being administering the Government thereof.
VIII. This  Ordinance may be cited for
?4lfitage Ordinance, 1867,"
all purposes as  "The
Passed the Legislative Council the 21th day of March,, A. D. 1867.
' (Qbables Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 2nd day of April, 1867.
FREDERICK SEYMOUR,
Governor.
NEW WESTMINSTER a
PRINTED AT THE GOVERNMENT PRINTING OFFICE. m
'£-}
BRITISH COLUMBIA.
ANNO -TRTOBfiHMO
fict
GIN^l.
* ********** ***************** ********
NO. 31.
An Ordinance respecting Practitioners in
Medicare and Surgery.
[2nd April, 1867.]
T17HER^!A|S it is expedient that persons requiring Medical Aid Preamble.
TT   j^ould be enabled to distinguish qualified from unqualified
practitioners;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative CounqJ thereof, as follows:
I. It shall be^wthl for the Governor from time to time to appoint Po.Tver to Governor
a Register of Medical Practitioners within the said Colonv. to appoint Registrar
J of Medical Practi-
foH. It shall be lawful for the Governor as occasion shall require to tioners.
direct the mode and manner in which the Medical Register herein- Governor may pro-
afjber mentioned sh&ll be kept by the said Registrar in such particulars vide for keeping a
agjare not provided for by this Ordinance. Medical Register.
III. It shall be the duty of the said Registrar to keep the said Duties of Medical
Register correctly, and to erase the names of all registered persons Registrar,
who "gball have died, and from time to time to make the necessary
alterations in the addresses or qualifications of the persons registered
under this Ordinance; and to enable the said Registrar duly "to fulfil
the duties imposed upon him, it shall be lawful fcaEthe said Registrar
to wrjtje a letter to any registered person addressed to him according
to headdress on the Register, to enquire whether he has ceased to
practise, or has changed his residence, and if no answer shall be re-
tumefj.to sijeh letter within the period of three months from the
recording ofthe letter, it shall be lawful to erase the name of such
person from the Register; provided also that the same may be restored by direction ofthe Governor should he think fit to make an
<i>$der to that effect or by fresh registration.
IV. Upon the application of any person being possessed of any who
diploma, license, or privilege to practise Medicine or Surgery, from tered.'
any School, College, Society or Faculty of Medicine or Surgery,
either in the United Kingdom, or in a Foreign Counfiy, such School,
College, Society, or Faculty requiring a compulsory course of study
extenHjryr',over not less than rthree years, such person shall on payment of a fee of Ten Dollars be entitled to be registered by the
Medical Registrar on producing to such Registrar the document
conferring or evidencing the qualification or each of the qualifications in respect whereof he may desire to be registered, an,d
producing an affidavit made before a Magistrate, or other person
qualified to receive solemn declarations, to the effect that he is the
person named in such document of qualification, and that such
document of qualification has been duly granted by a School.
Society, or College requiring a course of stu8y extending over a
period of not less than $hree yearly and that he hasgj$t lost the
benefit of the same by reason of misconduct, and such register
may be amended in respect of any qualification subsequently
acquired by any registered person on production and proof of such
fresh qualification, and on payment of an additional fee of Ten Dollars for the same. Provided, always, that nothing in this Ordinance
shall be so construed as to prevent any one possessing a Diploma
who is now practising in this -Colony-from continuing to practise as
heretofore, and to use the distincftion hesseHibfore adopted.
V. The
may be regis- 80° VICTORIA, No.
Medical Ordinance.
Register open to
public
No legal remedy to
Medical Practitioners unless registered, excepting Dentists.
Exempts H. M. Medical Officers.
Inflicts penalty on
false pretence.
Falsification of Register a misdemeanor.
Fraudulent representation a misdemeanor.
Penalty how imposed.
Application of fines,
fees, &c.
Interpretation
clause
Short Title.
V. The said Register shall be open for inspection by the Public
free of charge, and also as from time to time altered, corrected, and
revised by the said Registrar shall be published in the Government
Gazette of the said Colony at least once in every year.
VI. No person shall, after the 1st day of January, 1868, be entitled to recover any charge in any Court of Law for any Medical or
Surgical advice, or for attendance, or for the performance of any
operation, or for any medicine which he shall have both prescribed
and supplied, unless he shall prove upon the trial that he has been
registered under this Ordinance. Provided, however, that nothing
in this Ordinance contained shall be held to apply to a Dentist or
the practice of a Dentist.
VH. Nothing in this Ordinance contained shall be held to apply
to any Medical Officer in Her Majesty's service on fnll pay, and on
active service.
VIII. Any person who shall wilfully and falsely pretend to be or
take the name or Title of a Physician, Doctor ofjMedicfcie, Licentiate in Medicine and Surgery, Bachelor of Medicine, Surgeon, General Practitioner, or Apothecary, or any name, title, addition, or
description implying that he is licensed and registered under this
Ordinance, or that he is recognized by law as a Physician, or Surgeon, or Licentiate in Medicine and Surgery, or a Practitioner in Medicine or an Apothecary shall, upon a summary conviction for any
such offence, pay a sum not exceeding One Hundred Dollars.
IX. Any Registrar who shall wilfully make or cause to be made
any falsification in the said Register, shall be deemed guilty of a
misdemeanor, and shall on conviction thereof be imprisoned for
any term not exceeding Twelve Calendar Months.
X. If any person shall wilfully procure or attempt to procure
himself to be registered under this Ordinance, by making or producing or causing to be made or produced any false or fraudulent
representation or declaration, either verbally or in writing, every
such person, so offending, and every person aiding and assisting him
therein shall be deemed guilty of a misdemeanor, punishable by fine
or imprisonment, and shall on conviction thereof be liable to imprisonment for any term not exceeding Twelve Calendar Months.
XL Every fine or penalty imposed under the provisions of this
Ordinance may be recovered with costs by way of summary conviction, and in default of payment by distress and sale of 1 e goods
and chattels ofthe offender, and in case ofthe insufficiency of such
distress, by imprisonment ofthe offender for any term not exceeding Three Calendar Months, but no proceedings for the recovery of
any such fine or penalty shall be commenced after the period of Six
Months from time of the accruing of such fine or penalty; and in
case of any summary conviction, no warrant of commitment upon a
conviction shall be held to be invalid by reason of any defect therein, if it be therein alleged that the person offending has been convicted, and there be a good and valid conviction to sustain the same.
XH. All fines, penalties, and fees imposed under the provisions
of this Ordinance shall be payable to Her Majesty the Queen, Her
Heirs and Successors, for the public uses of the said Colony, and in
support of the Government thereof.
XHX In the construction of this Ordinance the word "Governor"
shall be held to mean the Governor of this Colony, or other the
person for the time being lawfully administering the Government
thereof.
XIV This Ordinance may be cited for all purposes as "The
Medical Ordinance, 1867."
Passed the Legislative Council the 1st day of April, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 2nd day of April, 1867.
FREDERICK SEYMOUR,
Governor
HEW WESTMINSTER :
PRIKTBD AT THE GOVERN MKXT PRINTING OFFICE. SUPPLEMENT TO THE GOVERNMENT GAZETTE,
Mat 4th, 1867.
{,,}
BRITISH COLUMBIA.
ANNO TRICESIMO
VICTORIA    REGIN^L
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&*
NO. 32.
An Ordinance to give to Mortgagees certain powers now commonly inserted in
Mortgages.
[2nd April, 1867.]
§
7HEREAS it is expedient that certain powers and provisions Preamble,
should be incident to the Estates of Mortgagees;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:
I. "Where any principal money is secured or charged by Deed on powers of Mortga-
any Hereditaments of any tenure, or on any interest therein, the gees,
person to whom such money shall for the time being be payable
his executors, administrators, and assigns shall at any time after the
expiration of Six Months from the time when such principal shall
become payable, according to the terms of the Deed, or after any
interest on such principal money shall have been in arrear for Three
Months, or after any omission to pay any premium on any Insurance
Which by the terms of the Deed ought to be paid by the person entitled to the property subject to the charge, have the following
powers to the same extent (but no more) as if they had been in
terms conferred by the person creating the charge, namely:
1. A power to sell or concur with any other person in selling the To sell;
whole or any part of the property by Public Auction or Private
Contract, subject to any reasonable conditions he may think fit to
make, and to rescind or vary contracts for sale, or buy in and resell
the property from time to time in like manner.
2. A power to insure and keep insured from loss or damage by To insure.
Fire the whole or any part of the property (whether affixed to the
Freehold or not), which is in its nature insurable, and to add the
premium paid for any such Insurance to the principal money, secured at the same rate of interest.
H. Receipts for purchase money given by the person or persons Receipts a sufficient
exercising the power of sale hereby conferred, shall be sufficient discharge to purcha-
discharges to the purchasers, who shall not be bound to see to the
application of such purchase money.
HI. Nonsuch sale as aforesaid shall be made until after Three
Months notice in writing, given to the person or one of the persons
entitled to the property subject to the charge, or affixed on some
conspicuous part of such property; but when a sale has been effected in professed exercise of the powers hereby conferred, the Title of
the purchaser shall not be liable to be impeached on the ground
that no case had arisen to authorize the exercise of such power, or
that no such notice as aforesaid had been given; but any person
damnified by any such unauthorized exercise of such power shall
have his remedy in damages against the person selling.
TV. The
sers.
Three months notice
of sale to be given. 30° VLOTORBfi: Nb.'iSS
Mortgages Ordinance.
Proceeds of sale how       IV.  Th
to be applied.
e monev ansinsr bv anv
sale effected as aforesaid shall be
Mortgagee can become purchaser.
ditions.
applied by the person receiving the same, as follows: First, in payment of all the expenses incident to the sale or - incurred' in any
attempted sale; Secondly, in discharge of all interest and costs-then
due in respect of the charge in consequeuce whereof the sale was
made; and, Tjhridfr,|i||r^i*eharge-of aJj^he-rpskveip^l-moneys then
due in respecfrbf &ticftl<eHaj'g93\al>d'the res54fe4 Qt JiJch! money shall
be paid to the person entitled to the property subject to the charge,
his heirs, executorij^adtninistrators, or^assigas^-as the case may require.
V. If the person exercising the power of sale hereby conferred,
or the Mortgagee, his heirs, executors, administrators or assigns in
case; of aftij e^pre^ P°wejf of sale existing in the Mortgage Deed,
shall be desirous to purchase the property so sola7 aridto convey or
assign to, or vest* the sam# j.Q hijnseJfrQr thernSfehyes,* lje^or thejr.
shall be at liberty by petition in a summary way, to apply ex parte
to any Judge of the Supreme Court sitting in Chambers, for leave
to bid either by himself or themselves or any agent at any sale of
suoh property.-
Supreme Court to VI. The sajdjCourt or aPi&jlvdjr6^^6^^^^0!1 kei&§ satisfied of
make order and con- the servTceMrMmceiavpTrmrled in SVctron fix, of tma OTmrfyiice,
or in case of an express power of sale in the MasHjtgage Deed of the
service required by such Deed, shall make such order on the application so matle, and shall annex thereto such conditions as to
pers$tnaIrdftO$ifte,!- noH^xbyf^ve^fiisefneut, p£*> o4<hejtfwi$£, and froni
time to time he or aapjjb/e* Judge may} make such further or other
order, as shall.appear just.
. VII. Imm^^Ljately after everysale made by leave of the Court as<a*
foresaid.the Mortgagee, his heirs, executors, administrators, orassigns
sUall^iie ail affid&vit, vef^#figet$fe7f&t^xolPthe saife, fhesamount of
the purchase mone't4, £fl$ ah^luecess&r^mattercoimeetedhfa^ewith.
VIII. The perspn exercising the power of sale hereljg* conferred,
or.in the case of armiccLaseb»the MoTOfftsee+unwer this Or/finance..
B/Uch^pe^on as sbju^.be named^in that beqalfin any ord,er ofthe
$^d Supreme Court shall haye power by Deed to convey or assign?
to, and vest in the purc^as^r, the property sold for all the Estafcer
and interest thejjeju, which the person who created the charge had*
uOfWer to dispose of.
Powers of this Ordi- JL'TX. Norte of$a& powers^or inci$en^4Ttei^$i^e,rOBf%rire&1 dr^arftVexeeP
nance limited incer- to anv EM&^istiaE-take' elfec$J#be eMepefeeaMfe'if it is'decl&'re&lBV
"■ tfae* Mofteasse Deed,* or 0fthep< Instaument ei^tinffrfclie Estate, tliat
they shjaH not }pke-effect, apid where, there is #0 SjUoh-^diec^arfttiQPy
f*hjen it anyfyayjatiOfts or|if$ajijt$ipns of a^?ofthe^wjersor ij^^entEi
hereby; conf^ryejdi^aaiiejxf^ are contained in such. Deed or In^ji^t
ment, such powers or iiip^d-eats sh%ll be exerciseable, or shall taijet
effect, subieet to such variations or limitations.
Suspending Clause.   oiK. Provided thfffe.fchis OrdjkiianGje;! shall not/take eflfeo$,«atfl Her
MajestyKS.ajipjcov^althereof shall haveibeen-prtbRsfeed inthjstGtaloBy^
Short Title. XL This <!!frdmafree ma/be cited for all purposes as th.^'Mort-
gages Ordinance, 1867."
Mortgagee to file affi
davit after sale.
Power to Mortgagee
to assign property
purchased.
Passed the Legislative Council ilie 2iid day of April, A. D. 1867.
' ©HiREES' GrO'OD'; ARTHUR N. BlRCH,-
Clerk. Presiding Member.
Assented to* in Her Majesty's-name, this 2nd day of April,-1867.
FREDERICK: SEYMOT/R,
Governor >
NEW WESTMINSTER :
PRINTED AT THE GOVERNMENT PRINTING OFFICE: L. 8.
BRITISH COLUMBIA.
ANNO TRICESIMO
VICTORIA    REGINJG.
NO. 33.
An Ordinance to regulate the Solemnization of Marriage.
[2nd April, 1867.]
TT7HEREAS it is expedient to assimilate the Laws regulating the Preamble.
t 1   Solemnization of Marriage in all parts ofthe Colony of British
Columbia;
Be it enacted by the Governor of British Columbia, with the advice
and consent ofthe Legislative Council thereof, as follows:
I. "The Act respecting Marriages in the Colony of Vancouver RepeaisformerActs.
Island and its Dependencies," made and passed in the year of our
Lord 1859; and the ''Marriages Ordinance, 1865," of the lately
separate Colony of British Columbia, are hereby repealed. Provided,
however, that all liabilities and penalties imposed and accruing, due
under the said repealed Act and Ordinance or either of them, and
all remedies and punishments for recovering and enforcing the same
shall still, notwithstanding such repeal, remain in full force and
effect, and be capable of being enforced and inflicted as if such Act
and Ordinance were still in force, but not further or otherwise.
H. The Ministers and Clergymen of every church and religious yr\io may celebrate
denomination in British Columbia, and the Registrars appointed by marriage,
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.
HI. Such Ministers or Clergymen may celebrate the ceremony of Ministers bv the
marriage, according to the rites and usages ofthe Church or de- usual license, or
nomination to which every such Clergyman or Minister respectively banns,
belongs, between any two such persons, when authorized to do so
by the usual license under the hand and seal of the Governor as
Ordinary, or (if not so authorized) then, except as is hereinafter
enacted, by the publication ofthe 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.
IV. In the event of any parties objecting to or not being desirous Ch.n Marriage be-
of adopting either ofthe above modes of marriage, then, and in that fore a Registrar,
case notice in writing must be given to the Registrar of the district Notice.
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- Declaration of non-
disqualification of tho parties, must be made and signed by each of disqualification.
the parties so proposing to marry, at the same time such notice and
declaration shall bo 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.
V. Upon the due compliance of the parties with the provisions of Registrar's Certifi-
the aforegoing clause, the Registrar shall give a certificate of such cate-
compliance in the form mentioned in Schedule C hereto.
VI. After 30° VICTORIES, No. 33.
Marriage Ordinance.
Contract of CiTil
Marriage.
Without religious
ceremony.
Fee.
Witnesses necessary
to a Marriage.
Marriage register.
Registrar's Certificate evidence.
Quakers' and Jews
marriages.
False statement per*
jury.
VI. After the expiration of the said period of fourteen * "days,
marriage may be contracted in the office ofthe said District Registrar,
according to the form in the manner hereinafter mentionedj but not
otherwise. Provided; nevertheless, that the marriage shall be'con-
tracted with open doors, between the hours of ten a. m. and four p.
m., in the presence ^and in the ^'office of tie Registrar ofthe district,
and. in the presence bf'twO'or •more' credible witnesses.- Provided
that, in the presence of such Registrar -and-withesses, each ofthe
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,,,
toJC- 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
(O. D.) to be^-my lawful wedded wife (or -husband)." Provided talso
that there be no lawful impediment to the marriage of such parties.
VII. Provided, also, that nothing herein contained shall be construed as- enabling any religious ceremony.-of marriage to be solera.-*■--,
niz'c'd 'under or by virtue ofa civil contract of marriage, made "as""
herein provided through a Registrar, but all' personal desirous of
being -marriedfoyoreligious ceremony can only be so married after
the .license-or publication of banns as aforesaid.
VIII. The Registrar of the district shall be entitled for every J
marriage wnich shall be contracted under this Ordinance in his
presence and,office.as aforesaid, to. receive from the parties married,
the sum of'Ten Dollars,' to the'use of Her Majesty, Her heirs^'and
successors. ■
IX. All mdf»rkfg"efe»:celebratedr under the provisions t^this Ordinance''by'an'y • Clergyman, Minister,' or Registrar:must be in the
presence' of two or more credible witnesses besides himself, and'such-
cererhotiy'must be performed in a public manner, and 'with open >
doors, .(save where otherwise-permitted by license)'. •
X: Provided always that all Ministers, Clergymen, ahd Registrars1.'
shall at the time of each marriage, enter a'memorandum of such
marriage, in a book to be kept by them for th'at purpose, and every
s rich'registration-shall be sign ed' by'each of the- parties, the Minister,'
or Registrar, or other duly authorized person officiating at the time,'
and witnessed-by-at least two credible1 witnesses,-.and shall be kept
in the form of Schedule D hereunto annexed^all such registrations I
shall be open to the inspection ofthe public, and a certified copy of!
anv registration shall be given to any person demanding the same,
on payment' of One Dollar,1 -and- certified copies of such register
books shall be sent by each Minister, Clergyman, Registrar, or other
authorized person aforesaid, twice in each y ear, 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 ofthe said fee.
XL Every certificate or copy of any registration  or  document
under this Ordinance certified by the Clergyman or Miuister, Registrar General,- or Registrar extracting the same, shall be- prima *
facie evidence of all the matters and things therein contained.
XII. 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 ofthe people called Quakers, or persons professing the Jewish
religion respectively, according to the rites and ceremonies of their j
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-disqualificafion by this Ordinance prescribed, and
comply with all the requirements as to registration' above mentioned.
, XIII. Any person who shalL knowingly or wilfully make any-
false 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
license 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.
XIV. Anv 30° VICTORIA:Xb. 380
ft*
Marriage Ordinance.
Penalty on perform-
ing.illegal marriages.
Form of registration
Caveats.
Appeal from District Registrar.
XIV. Any Mmisterii Clergyman;, or-Registrar who shall wilfully
and knowingly celebrate ;the marriage t of persons, either of whom,
may'not be legally qualified, or who shall; knowingly andnwilfully .
inarry persons, in-.any other mode" than one of those prescribed by
this Ordinance, (except, in the case of Quakers -andi Jews, as .herein-,
before mentioned) shall be guilty of felony. .
XV. The registrations made by-such Ministers; Clergymen, and'
Registrars' shall be in> the [Bobrm prescribed in Schedule D hereto,
and llie notice and declaration to.be given  to the Registrar in the
cases-ill.this .Ordinance.mentioned: shall.be in the,JTomi,prescribed..
in.Schedule B. hereto.
XVI. Any person on-payment of Two Dollars and Fifty Cents,,
may enter-a Caveat with the Registrar of-the District, against the \
issue of a=certificate for the marriage of any person named .'therein^ j
and'if any Caveat-be entered with; the Registrar, andisuch' Caveat
being duly signed by or on behalf of the person, who  entered..thei
same, together with his or her place of residence, ancLthe ground!
of objection on which his -or her 'Caveat | is founded,' no -certificate j
shalb issue or be<granted until.'such Registrar shall have examined
into the matter of the I Caveat, and is satisfied that it ought not to
obstruct the grant ofthe certificate for the <saidi marriage, or untiL
the .Oaveafc be withdrawn by the>party who enteried thersame.
XVII. Provided, always, that in case of ddmbt, it shall be lawrfoiK
for.the Registrar to refer the matter to the, Registrar General, and
in the event of the Registrar deciding against the person, entering
th£t\,Qaveat, suchtyperson may appeal to the Registrar General on
giving-notice of such intention within two clear clays .after such decision', and on giving bonds, satisfactory to such Registrar, for security of costs Within four days of such decision. Any person authori-
z$a to enter a Caveat shall, in addition to making such Caveat,
write the word "forbidden" across the notice of marriage in the
marriage notice book, and sign the same with his name.
' XVIII. 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.
XIX. 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 iperson [ whose consent is necessary to the validity of
such marriage, the law ofrEngland shall prevail, subject always to
the provisions of this Ordinance.
XX. The father, if living, of any party under twenty-one years of Who may give con-
age, such party not beiug a widower or widow; or if the father shall sent<
be dead the guardian or guardians ofthe person ofthe party so underage, lawfully appointed, or one of them; and in case there shall
be no such guardianjor guardians^ then the mother of such pairty 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 such party; and Such consent is hereby ■ re-
quirecl for the marriage of such:-party so. under age, unless- there
shalPbe no perse© authorized to give such consent.
XXI. That in case the father or fathers ofthe 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 necessary as aforesaid to the .marriage of such party or parties, shall be non compos mentis,,or in parts-beyond the seas-, or:shallti-n-reasonably or from undue,
motives: refuse or withhold' his,-her, .or their consent to a proper
marriage, then it shall and-'may be:lawfubfo'r any persou desirous of
marrying in any. of the before mentioned oases, to apply by petition*
to a Judge of the Supreme Court of Civil Justice, who shall judicL,
ally declare the same to be so; and such judicial declaration, shall
be deemed.and taken to be as good and effeetuahto all intents-and:
purposes as-. if the father, guardian or guardians, or mother of the
person so petitioning had consented-to such marriage.
XXLL Whenever
Three months' notice of Ordinance.
In matters not herein provided for, the
law of England to
prevail.
If consent unduly
refused. 30° VICTORLE, No. 33.
Marriage Ordinancei
Banns, license, and
certificate unused,
void after 3 months.
Schedule.
Interpretation
Clause.
Short Title.
XXII. Whenever a marriage shall not be had within Three Calen-
dar Months after the date of the Governor's license, or the complete
publication of banns, or the issuing of a Registrar's certificate of
compliance with the provisions of this Ordinance, such banns, license,
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.
XXIII. The Schedules hereto shall be part of this Ordinance.
XXIV. Whenever in this Ordinance any act, deed, matter, or
thing is required or permitted to be done, performed, or executed
by the Governor, the same may be done, performed, or executed by
the Governor ofthe Colony of British Columbia, or other the person for the time being lawfully administering the Government of
the said Colony; and whenever in this Ordinance in describing or
referring to any person or party, matter or thing, any word importing the masculine gender or singular number is used, the same shall
be understood to include, and shall be applicable to several persons
and parties as well as one person or party, and females as well as
males, and several matters and things as well as one matter or thing,
unless it otherwise be provided or there be something in the subject
or coutext repugnant to such construction.
XXV. This Ordinance may be cited for all purposes as "The
Marriage Ordinance, 1867.
Passed the Legislative Council the 14/A day of March, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 2nd day of April, 1867.
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.)
j SCHEDULE B.
NOTICE  OF   MARRIAGE.
To the Registrar ofthe 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 hereiu.
Name. Condition. Rank or Profession. Age    |   Dwelling place.
Witness my hand this day of 18
Signed,       A. B.
SCHEDULE C.
registrar's certificate.
I, , Registrar ofthe 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 ofthe said District, of the Marriage intended  between the parties therein
named and described, delivered under the hand of , one ofthe parties, that is
to say:
Rank or Profession. Age.     | Dwelling place.
The issue  of this certificate has not been
forbidden  by any person authorized to forbid the issue thereof,
dav of , 18      .
Name.
Condition.
Date of notice entered
Date of certificate given
18
18
Witness my hand at
this
Signed,-
Registrar of the
District.
This certificate will be void unless the Marriage be celebrated on or before
the day of 18     .
SCHEDULE D.
marriage certificate.
Marriages solemnized in the District of
No.
When
married.
Resi-
Idence.
Place   I   Father's
of     I name and
birth.   I surname.
s of \here Church
Name   I I  n^A;    IRank or
and       Age. \ °^~     profes-
surname.| sion.
Married at , according to the rites and ceremonie
or denomination to be inserted] by [banns or Hansel.   ori
Married at , by civil contract, by A. B., Registrar of the District
of
This Marriage was      \ A. B. In the \ E. F.
solemnized between us J   C. D. presence of us j   G. H.
(Signature of the Minister, Clergyman,
or Registrar, as the case may be).
Rank or
profession
pffather.
as the
case
j may be.
NEW WESTMINSTER:
'PRINTED AT THE GOVERNMENT PRINTING OFFICE. {,,}
BRITISH COLUMBIA.
ANNO TRICESIMO
VICTORIA   REGOD.
****************************************
NO. 34.
An Ordinance to amend the  Laws relating to Gold Mining.
[2nd April, 1867-3
WHEREAS it is expedient to amend and assimilate the Laws relating preamDie
to Gold Mining in this Colony;
Be it enacted by the Governor of British Columbia, with the adviee
and consent ofthe Legislative Council thereof, as follows:
I. From and after the passing; of this Ordinance "The Gold Mining MsS^«ftl|t^tefca
r\ j- loci- „       -, jir -r> ,„5fel     ,. -d  i j  tj       i   .• *? itepeaisrornTerActs.
Ordinance, leoo,   and the Proclamations, Kules, and .Regulations, and
Ordinances, repealed thereby, are hereby repealed; provided however
that such repeal shall not in any manner affect any rights acquired, or any
liabilities or penalties incurred thereunder, or any remedies or punishments prescribed therebj7, but such remedies and punishments may still
for the purposes of such enforcement, but not further or otherwi^ be
available and capable of imposition.
II. In the construction of this Ordinance the following expressions Interpretation>elauW|
shall have the the following interpretations respectively, unless there
be something inconsistent*,©!* repugnant thereto in the context.
The words "Her Majesty" or "The Crown" shall mean Her Majesty, Her Majesty,the
Her Heirs and Successors. °TOwn-
The word "Governor" shall mean and include any person admin-islfer- Governor,
ihg the Government of this Colony.
"Gold Commissioner" shall include Chief Gold Commissioner, Assist- Gold Commissioner,
ant Gold Commissioners and others lawfully acting as Gold Commis-
siowers, 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- Mining property
every claim, mine, ditch, or water privilege used for mining purposes,
and all other matters and things thereto belonging, or used in the work-
Mine.
Claim.
mine over which a river extends Bar Diggings.
ing thereof.
"Bar Diggings" shall mean every
when in its flooded state.
" Dry Diggings " shall mean any mine over which a river never extends. Dry Diggings.
The mines on benches shall be known as "Bench Diggings," and shall Bench Diggings,
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 Stifeains'andRavines,
contamrjig water or not, and all rivers, creeks, and gulches.
"™H?lf m&ims" shall include all claims located on the surface of any hill. Hill Claims.
"DifeTi" shall include a flume or race, or other artificial means for con- Ditch,
ducting Water by°its ow*h weigtit, to be used for mining purposes.
"Ditch Head" shall mean thepoint in a natural water-course or lake Ditch Head,
where w&tenis;;first taken into a ditch.
"Free[Miner" shall mean a person named in, arid lawfully possessed FreeMiner.
of a valid existing Free Mkreir's Certificate, and no other.    And words
in the; singular number shall/include the plural, and the rimsculiie^ender
shall include the feminine gender.
The words "Record," "Register," and "Registration," as hereiBafberffRecord, &c
used shall be synonymous.
III. The 30° VICTORIA, ITo. 84.
Gold Mining Ordinance.
Ordinance divided
into twelve parts.
Go-Id Commissioner
to be appointed by
the Governor.
Mining Court in each
District.
Jurisdiction of Gold
Commissioner.
Same powers as
Judge ofthe Supreme
Court in enforcing
decision.
Prescribed forms unnecessary.
III. 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 Miners' General Rights;
The Fourth Part to the Nature and Size of Claims;
The Fifth Part to Bed-Roe£ 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 I.
APPOINTMENT OF GOLD COMMISSIONERS
AXD THEIR JURISDICTION.
IV. The Governor may from time to time appoint such persons as he
shall think proper to be Chief Gold Commissioner and 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 subdivide such districts, and make and revoke all such appointments.
T. Within every such district or districts there shall be a Court to bo
called the "Mining Court," in which the Gold Commissioner of the district shall preside as Judge thereof.
YI. Such^YMining Court" shall have original jurisdiction as a Court
of Law and Equity, to bear and determine all mining disputes arising
within its district, and shall be a Court of Record with a specific Seal;
and in determining suits or actions brought therein the Gold Commissioner may render snobi judgment, or make such order or decree, as he
shall deem just, and for the purposes thereof and for enforcing the same
he shall have^a-nd exercise^isave as.hereinafter excepted, the same powers and authority legal and equitable as are,now exercised in the Supreme
Court of Civil Justice of British Columbia, by any Judge thereof. Provided, however, that the Gold Commissioner shall if desired by both
parties to a cause in cases of liquidated damages, or if desired by
either part3* to a cause in case of unliquidated damages, summon a Jury of
from three to five Free Miners to assess the amount of such damages.
VII. No prescribed forms shall be necessary, provided that the substance ofthe matter complained of beproperlyexpressexi 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
ofthe Gold Commissioner be amended, if requisite,:by either party upon
such terms as he may impose, and the sum of Ten Dollars shall be charg-
ed for
Jurisdiction beyond
district in certain
cases.
Mining Surveyor.
Laying over claims.
Protection against
dangerous works.
Plots for Traders
and gardens..
everv
>ummons so is
med.
VIII. Where disputes arise concerning mining property, portions
whereof are situated in adjoining or different districts, the Gold Commissioners of either of such districts before whom the dispute is first
brought1 shall determine it.
IX. 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.
X. He shall also have the power to lay over any or all claims within
his district,-for such period and under such circumstances as he may
think proper.
XI. He shall have power to order any mining works to be so carried
on as to ensure the safety ofthe public, or protect the interests of claim
holders or bed-rock drains; and any abandoned works may by his order
be either filled up or guarded to his satisfaction, at the cost ofthe parties
who may have constructed the same, or in their absence then upon such
terms as he shall deem expedient.
XII. 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 ground of such size as he shall deem advisable; subject, however, to
ail the existing rights of Free Miners then lawfully holding such mining
ground, and their assignees. And anybtrildiog erected, or improvements
made thereon for any such purposes, shall in every such case be erected
and made at the risk ot the persons erecting and makinjr the same; and
they 80° VTCTORLE, No. &&
Gold Mining Ordinance.
they shaB not be entitled to any compensation for damage done thereto
by such Free Miners so entitled in working their claims bona fide.
XIII. It shall be lawful for him, upon being so requested, to mark out Compensation how
for business purposes or gardens, on or near any mining ground not pre- allotted/
viously 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, sUcn notice to be subject to the approval of the
Gold Commissioner; and farther upon)the payment of due compensation I
fbr any crops thereon, and for the buildings and improvements erected
on such plots;! such compensation to be assessed by the Gold COmmiff-'
sioner previous to entry, with or without a jury of not less than three.
A monthly rent of Five Dollars shall in every such case be payable bv -d   * a*~_	
,, ,     J   r.       iii.        .1,- • J.J.1.01J/-I.-        J  Rent for samwqi
the grantees.of such plot, or their assignees, to the Gold Commissioner.
XIV. Any Judge ofthe Supreme Court of Civil Justice of British Co- Forms of proceeding
lumbia may, with the advice and consent of the Gold Commissioner of costs, &c.
any partiaeUlar district, from time to time make, repeal, and alter any
rules or regulations for the conduct of the business before such Gold
Commissioner, and for the costs incident thereto.
XV. Where any mining cause, wherein the sum of damages sought to Causes under $250.
be recovered shall be less than Two Hundred and Fifty Dollars, is
brought in the first instance before the Supreme Cosaart of Civil Justice
of British Columbia, it shall be kiwful 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.
XVI. All jurors and witnesses summoned under and by virtue of the jurors» and witnes-
powers confined in this Ordinance shall be entitled for their attendance ses' fees.
to receive such compensation as the Court may direct.
XVII. When in civil cases the subject matter in any mining dispute Appeal in civil cases
is in value more than Two Hundred and Fifty Dollars, an appeal shall, over $250.
save as hereinafter excepted, lie from the decision, ruling, judgment,
order, or decree ofthe Gold Commissioner to the Supreme Court of Civil
Justice1 of British Columbia; provided, however, that the decision ofthe
Gold Commissioner, or of a jury summoned under the provisions of this
Ordinance, upon all matters of fact shall be final and conclusive, and no
appeal shall lie therefrom. No appeal shall be allowed in any cause, unless notice thereof be given in writing to the opposite party, or his Attorney, within four days after the decision complained of, and also security be given, to the approval ofthe Gold Commissioner, for the coststofj
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.
Such appeal may be in the form of a case settled and signed by the parties, their Counsel, or Attornies.
PART II.
WHO MAY BE FREE MINERS, AND THEIR PRIVILEGES.
XVIII. Every person over but not under sixteen years of age shall be Who may be a Free
entitled to hold a claim.  Minors who shall become Free Miners*hall as Miner.
regards their mining property and liabilities contracted in connexion Free Miners under
therewith be treated as adults. age to be treated as
XIX. Every Gold Commissioner, upon pajmient of the sums hereinafter adults-
mentioned, shall deliver to any person applying for the same, a Certifi- ^iQers' Certificate,
cate to be called a Free Miner's Certificate, which may be in the following form:
BRITISH 0OHTJMiBIA.
FREE MINER'S CERTIFICATE.
Date, NOT TRANSFERABLE. No.
inVaKd for        I  years.
This is to certify that A. B. of has paid me this day the sum
ind is entitled to all the rights and privileges of a Free
of
Miner, for
^ear from the date hereof.
(Signed)       G. B.,
Chief Gold Commissioner,") as the case
or Gold Commissioner,    /   may be.
XX. Such Free Miner's Certificate shall, at the request ofthe appli- certificate for one
cant, be granted' and continue in force for a period of one year or three 0r three years,
years from the date thereof, upon •payment by such applicant to the use
of Her Majesty of the sum of Five Dollars for one year, and Fifteen
Dollars for three years.    Such Certificate shall not be transferable, and
©My one person shall be named therein.    And every holder of a Certi- Three days.graceto
fixate shall have three clear days after the expiration thereof, and no renew certificate,
longer, to renew the same.
XXL If 30° VICTORIA, N6.°«t.
Gold Mining Ordinance.
XXL If any Free .'Miner's Certificate shalljb'e accidentally destroyed
or lost,, the same may, upon evidence thereof and upon payment by the
applicant of Two Dollars and Fifty Cents, be replaced by a true copy
thereof, signed by the Gold Commissioner of the district wherein .the
dri&nai' Certificate was issued. Every such new Certificate shall be
marked ''Substituted Certificate." And unless some material irregu-
feiftty be shewn in respect thereof every original or substituted Free
Miner's Certificate snail be evidence of all the matters therein contained.
XXII. Every Free Miner shall during t&e continuance of his Certifs*
Cate and no longer, have the right to enter and mine upon any of the
waste lands ofthe Crown, not tor the time being occupied by spy other
person.
XXIII. In the event of such entry being made upon lands already
lawfully occupied' for other than milling purposes) previously to entry
fj$tt) oompeflSation shall be made to the oeeupanti tolr owner H&rf any loss
or damages he may {sustain by reason of any such entry!; such compensation to be determined-fey the nearest Stipendiary Magistrate or Gold
Commissioner, with or without a> jury of not less than five.
XXIV. 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.
Registration of claim XXV. Every Free Miner locating a claim, must record the same at
the Office ofthe Gold Commissioner of the district withth Whifch the
. same is situated, within three days alter the location there©f|rlff(jested
within'ten miles of the said Office. One additional day shall be allowed
for such record for every 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 ofthe mine, the date of his recording the
same, and such other matters and things as may be deemed requisite by
the Gold Commissioner.
Lost Certificate.
Right to enter  and
mine.
Compensation   to
prior occupants.
Must be a Free Miner
in certain cases.
Re-registration.
Production of certificate prior to registration.
Priority of rights
recognized accoraing
to priofrly of registration.
Transfers must be in
writing & registered.
General fee on recording mining matter.
Tee for seareh.
Certified copy of any
record to be evidence.
Charge therefor.
XXVI. All claims must be re-recorded annually; but any Free Minet*
shall upon application be entitled to record his elarabfor a period of two
or more years, upon payment of the sum of Two Dollars andi Fifty Cents^
fbr each and every yeM^tficluded in such record; and such record shall
"wtjibout renewal, and for and dtiring the time therein mentioned, but
for no further period, have the same force and effect as if the same had
been recorded annually.
XXVII. It shall be lawful for the Gold Commissioner to demand from
any miner applying to reqord a claim, the production of his» eertificate,
and upon his neglect or refusal to produce the same, to refuse to record
such claim or^interest therein.
XXVIII. In case of any dispute, the title to claims will be recognized
[according to the priorityolregisti^ation, subject to any question which
may be raised as to the validity of the record itself, and subject further
to the terms, conditions, and privileges, contained in Clause XXV.
XXIX. No transfer of any claim, or of any interest therein, shall be
enforceable, unless the same, or seme memorandum thereof, shall be in
writing, signed by the transferror, or by his'lawfully authorized agent
and registered with the Gold Commissioner.
XXX. For every record made, and leave of absence granted, or any
other matter or thing whatever relating to mining fbr which a special
fee shall not have been "provided, the Gold Commissioner shall %fharge' a
registration fee of Two Dollars and Fifty Cents, as herein defined*
XXXI. The books of record shall, daring reasonable hoars, be open to
public inspection; and the sum of One Dollar, and no more, shall be
charged for every search made therein..
XXXI I. 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 anyjudicial proceeding as evidence of the matters and things therein contained; and the sum of One Dollar and Twenty-
Five Cents, shall be charged for each copy of a record so certified.
XXXIII. Bvery
— 80* Y^^RL^Ej SFo. S4.
Gold Mining-,, Ordinance.
XXXI I T.   Every Free Miner shall be allowed to hold at the same time Free Miner may hold
any number of claims acquired by purchase, but only two. claims by pre- ani' number ofclaims
emption- in the same locality, save as hereafter provided, viz: one quartz 2 Purchasei and
Claim and one other claim, subject however to the laws as. to record, occu- and more^tbafi two
nation, and otherwise for the time being, in force.    And every Free by pre-emption in
Miner may sell, mortgage, or dispose ofthe same.    He shall also be en- certain cases.
a addition to the above, to hold a pre-emption claim on each (but
creek, ravine, or bench.
title
not on, the same) hi
XXXIV. The interest which a Free Minor has in a claim shall he deemed
and taken to he a chattel interest equivalent to a tease, for such period as the
game may-have been recorded, renewable at the end thereof, and subject to the
conditions as to forfeiture, working, representation, registration and otherwise,
for the time being in force with respect to such claim.
XXXV. EverynFree Miner shall, doffing the continuance of his Certificates,
have the exclusive right of entry upon his own claim for the minerlike working
thereof, and the construction of a residence thereon, and shall he entitled exclusively to all the proceeds realized therefrom, provided that his claim be duly
registoredj and faithfully and not colpurably worked; but he shall have no surface rights therem-i
Provided, also, that the Gold Commissioner may, upon application made to
him, allow adjacent claim holders such rigyc of entry thereon as may be absolutely necessary for the working of their claims, and upon such terms as may
to him seem reasonable.
XXX^L In add-on 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, ahd'-bdt already lawfully appropriated as shall, in the opinion of'the
Gold Commissioner, be necessary'for'the due working thereof.
XXXVII. Not claim located and recorded in any district within 14 days
before or at any time after the claims therein shall have been laid over to the
ensuing season"? or other specific date, shajl be deemed to be so laid over Unless
so much work shift-have been bona fide expended thereon By±he holder thereof
as shSfl, in the opinion of the Gold Commissiorier^'fea'lyentitle!himto have such
claim laid over.
XXXVIII. A claim slfall be deemed to be abandoned and open tp the occupation of any Free; Miner when the same shall have remained unworked by the
Registered holder thereof" for the space of severity^two hours, unless sickness or
other'¥easonable:ew8fuse be shewn; Sun/lays, and such holidaysas the Gold Commission may think fit to proclaim, are to be omitted in reckoning the time of
non-workine.
O
"XXXIX. Every full sized claim, as defined in this Ordinance, shall be represented and bona fide worked by the owner thereof, or by some person eniis
behalf.
XL. The Gold Commissioner shall have the power to regulate the number of
jE^mers who shall be required to work in prospecting a claim, or set of claims,
until gold in paying quantities is found.
XLI. Every forfeiture of a claim shall be absolute, any rule .of law or equitjr
■te the contrary notwithstanding.
XLII. 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 tf 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 Commissioner may
jnake such order as to costs as he may deem just.
PART IV.
Miners'   interest in
mining property a
chattel.
Definition of a Miner's right in a claim.
Right of entry to adjacent claim-holders.
One  record  covers
not only the claim,
but a fair share of
the necpssary wajer
to work it.
Claims recorded in
close  season   when
laid over.
Claims whepdjegmed
abandoned!
Fnji; sized claimg
must be worked!.,
In prospecting leave
gran ted to work with
less than full complement.
Forfeiture absolute
Undivided interest
in a Company when
not represented
Company must either
Admit   claimant as
a member,
Or stake on? claim
for bim.
Company to pay
costs, except otherwise ordered.
JNATURE AND SIZE OF CLAIMS.
XLIII. From and after the date hereof, the size of claims shall be as follows: Slze of claim«
Egg "Bar Diggings" a strip of land 100 feet wide at high water mark, and Bar Diggings.
thence extending into the river to its lowest water level
_XLLXi US1 "Pry <Piggi§gp"one hundred feet square.
XLV. "Creek
Dry Diggings. 80° VICTOKLE, Ko. 34.
Gold Mining Ordinance.
Creek Claims.
Bench Diggings.
Bill Claims.
Tunnelling under
bills.
Gold Commissioner
may refuse to record
certain tunnel claims.
Forfeiture of claim
involves tunnel, &c.
Quartz Claims.
Regulation for working.
Discoverer's Claim.
Claims bow marked..
LV. "Creek Claims" shall be one hundred feet long, measured in the di~
rection ofthe general course of the stream, and extending in width Irom 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 50 feet in length, extending
600 feet in width. Where the valley is not 100 feet wide, the claims shall be 100
feet square.
LVI. "Bench Claims" shall be 100 feet square.
LVII. The Gold Commissioner shall have authority, in cases where benches
are narrow, to mark the claims in such a manner as he shall think fit, so as to
include an adequate claim.
XLVIII. 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."
XLIX. 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.
L. The Gold Commissioner shall have power to refuse to reeord 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.
LI. Tunnels and shafts shall be considered as appurtenant to the claim to
which they are annexed, and be abandoned or forfeited by the abandonment or
forfeiture of the claim itself.
LEL 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.
LIII Quartz Claims shall be 150 feet in length, measured along the lode or
vein, with power to follow the lode or vein aud its spurs, dips, and angles, anywhere on or below the surface included between the two extremities of such
length of 150 feet, hut 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.
LIV. In Quartz Claims and reefs, each successive claimant shall have three
feet unworked, to form a boundary wall between his claim and that of the last
previous claimant, and shall stake off his claim accordingly, not commencing at
the boundary peg ofthe 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 elainis may then be staked out beyond
him; so that sueh 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 boundavy peg six feet further on than the open work of such wrong doer;,
and all sueh 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.
LV. 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 discoverer if not more than two in number, shall be entitled to a claim double the established size ofclaims in the nearest
mines of the same description, (i. c dry, bar, or quartz, diggings.) If such
party consist ©f 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 aud a half per man, in addition i& any other
elaims 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 beer*
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.
LVI. All claims shall be as nearly as possible in rectangular forms, and
marked 80° VTCTOELE, No. #fc
Gold Mining Ordinance.
marked by four pegaji 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.
' LVII. In defining the size ofclaims, the same shall be measured horizontally,
irrespective of inequalities on the surface of the ground.
LYIII. The Gold Commissioner may, where deemed desirable, mark out a
space in the vicSftty for deposits of leavings'and deads from any tunnel, claim,
or mining ground whatsoever, upon such terms and conditions as he may impose.
PART V.
BED-ROCK FLUMES.
LIX. 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.
LX. 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
ofthe privileges sought to be acquired. Ten clear days' notice thereof shall be
given between the months of June and November, and between the' winter
months of November and June one month's notice shall he given, by affixing the
same to some conspicuous part of the ground, and a copy thereof upon the walls
of the Gold Commissioner's Office of the district. Prior to such application,
the ground included'therein shall be marked out by posts of the legal size,
placed at intervals of 150 feet along the proposed main line 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. And it shall be competent to any Free Miner
to protest before the Gold Commissioner within such times as aforesaid, but not
afterwards, against such application being granted. Every application for a
grant shall be accompanied by a deposit of One Hundred and Twenty-five Dollars, which shall be refunded if the application be refused, and if the application shall be entertained then such sum of One Hundred and Twenty-five
Dollars shall be retained and paid into the Colonial Treasury for the use of Her
Majesty, whether the application be afterwards abandoned or not.
LXI. Every such grant shall be in writing, signed by the Gold Commissioner.
xLXII. 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 One Hundred Feet wide and Two Hundred 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, One
Hundred 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. Si ch rights of way through and entry upon any rivers, creeks, and ravines
discoverel 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.
f. 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 Miuers 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 claijn
holder by reason of such flume being laid through the claim, the Bed-rock
Flume Company shall be entitled-to the actual cost of making such cut to the
bed-rock. g. The
sen r>j jffgtJ!
 qoiqqj
Measurement.
Deposit of leavings.
Grant for not more
than 5 years. ■
Three or more constitute a company.
Notice of 10 days.
Main line  of Flume
to be staked off.
Protest.
Fee of $125 payable.
Grant to be in writing.
Rigfits  of way and
privileges.  •
Upon new Creeks.
Upon Creeks worked
for 2 years and over.
On abandoned ground.
Interpretation of
abandoned ground. •
Upon Creeks discovered within two
years.
Rights of way through
claims legally held
and worked. #
m° vjxssqosue, w<i. eas
.■■^11 i.-.j_
(r&fefc Mimngp Ordinancex
Bight to use of unappropriated water.
Gold in the Flume.
Claim-holders upon
giving ten days' notice may construct
their own Flume.
Where so constructed and abandoned.
Number of-feet to be
.completed within
certain times.
Free Miners entitled
to use Flume for
tailings.
Registrationof grant.
Bed-rock Flumes
chattels.
Gold Commissioner
may grant rights of
way through Mining
ground for Drains.
Application to-be in
writing.
Ten clear days notice
to be given.
Deposit .of-$125.
Grants to be in
writing.
Covenants.
g. Ine^use and enyoymeai oftso much ofthe unoccupied and unappropriated
water of the Stream on which they majfibe localjsd, andiof other adjacentstreams
as may be necessary for the use of their flumes, hydraulic power, and machinery
to carry on ttfeir miaftg operations, and they shall have tbeir/righfc 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 tb%ir ground.
h. The right to all the gold in their flumes.
LXIII. The holdesfiof claims through which the line of the proposed flume
of sueh Company runs may, upon giving at least ten days' notice^ writing df
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 materials
as are used by such Company.
LXIV. Claim-holders so constructing their own flumes at their own expense,
through their respective claims sh^ll also keep their flume clear of obstruction,
andthfey shall be,entitled to all the gold found therein, but they shall be subject to the same rules and regulations with regard to cleaning up the flume.
repairs.^nd other matters in which both parties are interested, as may be
adopted by such Bed-rock Flume Company; and such clMm-holders shall have
the right at any time before the abandonment of their claim or claims -to become members ofthe Bed-rock Flume Company, by uniting their claims and"
flame 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.
IXV. Every Bed-rock Flume Company shall, for each, ofthe men constituting, the same, construct and lay at least Fifty Feet of flume during the firgc
3jear,<and One Hundred Feet annually thereafter.
LXVI. Any Free Miner or Miners lawfullyworking any claimsswhere a Bedrock Flume may be constructed, shall be entailed to tail their sluices, hydrau-
lies, and ground sluices into such flume, but so as not to obstFttcfc$he,fiee working of such flume by rocfeSj ^stones, boulders,, or otherwise.
LXVII. All Bed-rock Flume Companies shall register their grant when
obtained, and .a registration fee of Twenty-five Dollars shall be charged therefor; and they shall also pay an anuual rent of Twelve Dollars and Fifty Cents
for each quarter of a mile of right of way legally held by such Company. No
re^regWtfa'Hbn of a grahtf.'sball be necessary.
3JXVIII. Bed-rock Flumes and any interest or interests therein, andiafLfix-
tures are hereby declared to be personal property, and.may be sold, mortgaged,
transferred, or otherwise dealt with as such.
PART VI.
DRAINAGE OF MINES.
-LXIX. It shall he 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 Ids district, for the purpose of constructing a Drain or Drains
for the drainage thereof.
LXX. Every applkjation for such grant shall be in writing, and shall, state
the names of the'appKicaiiiffcs, the nature and extent of the proposed Drain or
Drains, the'amount of toll (if any) to be charged, and the prifftleges soughtfcjgf
be acquired.
3^LXXI. Upon such application a notice similar to that required upon application for the right of way for Bed-rock Flumes shall be given.
LXXII. Every application forrauchigrantishall be accompanied by a deposit
of One Hundred and Twenty>fiye Dollars, which shall\be refunded in case the
application shall be refused by the Government, and if theiapplication s,b#ll be
entertained, then such sum .of One Hundredvand Twentynfiye Dollars shdl be
retained and paid into the Treasury ofthe Colony, to the use of Her Majesty,
whether the application be afterwaida abandoned or not.
LXXIII. Such grants shall be made upon such conditions as the Gpjd Commissioner shall deem reasonable, and shall be embodied in writing.
LXXTV. The rights of waysaiid entry above mentioned, the power Jo- assess,
levy, and collect tolls (mot 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 ioliows:
a. That they will construct such l)rain or Drains of sufficient size to meet all
requirements, within a time (if any) therein named. A-
S«° VICBOEI^E, Bq. 84.
si
Gold Mining* Ordinance.
b. And have and keep the same in thorough working; order -and repam.and
free 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 oosfcand expense to be lejried by. sale (subjefifi however to the coqjjjjiions.
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 svlcOl parties to make tHem themselves^in which "
case such parties shall only be chargeable witflf'one-haffthe usttaf rateWof Drain*
age toll, or such other proportion of toll as the Gold Commissioner shall in thai
8fehalf prescribe.
Fd\ Tnat they will not in the construction and maintenance of such Drams-and
Tap Drains in any way injure or damage the propeily of adjacent claim'holders^
and in the event thereof that fcfiey will^rahKe goocf^any damage so sustained.
LXXV. In the construction of Drains to he used as Tap Drains only^^bree Tap Drains,
days' notice given as above shall only be necessary.
LXX$L ThfrGold Commissives, alone, or i£$!epiged by either party, with the Damages.
assistance of a JarM pf,F.ive Free ^u^r^j^ifijjflh&jis hereby authorized to sura-
inon ibr that purpose,, may ascertain whether any and what compensation shall be
fljjaid.fbr any damage, which may be cajjsed by any such entry or construction as
a$$resa^<jU
LXXVII. Sm>hisrra»tfi£iall be duly registered as he»einbefi)pe jpjgHided, anjj Registration,
the sum of EiiieoDdWaiBisliall be charged thjer^fdryisa** ,when stj^h gtant gives the
grantees the power and right of collecting tolls, in which case the sum of T;w#nty-
five Dollars shall instead of Five Dollars be paid as a registration fee. No re-
registration of any such grant'shall be necessary. An annual rent of Twenty-
five Dollars 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 rfjeiBlglfant. tl  'XX!? '
PART VII.
MINING PARTNERSHIPS.
LXXVHf. All mining companies shall be governed by the provisions h"e*§0fl
tmles^fthcy shall have ofbler and written articles of co-partnership projleriy signeuj
attested$>and recorded.
LXXIX. No mfiaing co-partnership shall continue fbr a longer time than one
year, unless otherwise specified in writing by the parties; but such co-pairtner-
sMlp'tioay be renewed at the expiration of each year.
LXXX. The business of the co-partners herein referred to shall be mining,
and such other matters as pertain solely thereto.
LXXXI. A majority of the co-partners, or their legally authorized agents,
Ijiay(decide die(manner ol working the claims of the co-partners, the nunlfjeK of
men to be employed, and*the extieot.and manner of levying assessments to defray
the expenses incurred by the company. Such majority may also chqose a foreman or local manager, who shall represent the company, and sue and be sued in
the n:ime of the company for assessments and otherwise; and he shall have power
with the consent of ajnajority of «ie company, to bind them by his contracts;
and the parhneftftftp or company name must be inserted in'the record of thWcem-
^j&ftiy's clsfims. Any co-partner, or his duly authorized agent, shalhbe entitled to
-^present bis interest in the co-partnership property to the extent thereof^
v ork and labour, and so long as such work and labour shall be done and pe*.
jg-gm^djto the;#a$$a$jqn ofthe foreman. In the event of such workman being
discharged/by^he fo\ipian, the Gold Commissioner upon application to him may
summon the firman before him, and upon hearing the facts, may make such
order as he shall deem just.
LXXXJT.^jPjujijg the time ofiwiop^ng, all assessments when, levied shaJJ be
^payable within five days thereafter.
LXXXIII. In default of payment within euch time, the debtor after having
received any notiee; specifying the amount due byihim, shall upon such amount
^ejh^g.aace^ainjtfd by the Gold Cgminjs^jgner to be correct, be personalty liable
to the company tbjjj^jp'r, ancLhjs interest in the company, if so ordered, ,sb$U be
sold by the ijfeeriff in the^paf^jay, for the payment ofthe debt and costs, and
should ti}& amount realized be insufficient to meet the sagie^the Gold Cprunm-
sioner EJ^}l,bave the power to issue an order, directed to the Sheriff, to sehsui|h
other personal property (if any) belonging to the debtor, as may be sufficient
therefor.
LXXX IV. Notices of pale of such debtor's mining or other property, or such
part thereof as shall suffice to pay the debt and costs, shall" be conspicuously
posted up tetf^elear ddys^ffritfriteitbe day of sale, in the vig8hi$y of such mining
ox
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.
i|P
Assessments when
leviable.
Penalty for default.
Notice of sale, and
mode of sale., .-.-j. w
30° VICTORIA, No. 34.
Gold Mining Ordinance.
Notice of abandonment to be given.
Requirements;
Not less than £ of
full interest may be
held.
Accounts of companies, how to be
kept.
Cessation of individual liability.
When dividend may
be declared.
Foreman only liable
for debts.
Penalty fomoir-com-
pliance herein.
Declaratory statements, how filed.
Fee for filing.
When in force.
...ite :    lot
When  persons not
Free Miners may hold
nterests in companies.
Deceased Miners'
interest.
6r other property, and at the Court-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 monej, shall acquire therein all the right
and title of the debtor, and shall be entitled to the immediate possession thereof.
A bill of sale ofthe mining property so sold, signed by the Gold Commissioner
and duly recorded, shall confer a good legal title thereto upon the purchase.
LXXXY. 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.
LXXXYI. 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
ofthe claim, and the particular interest of each member of the company; and
also placing'upon a conspicuous part ofthe 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 anv indebtedness accruing thereafter, exceeding an amount proportioned to his interest in
the company.
LXXXYII. 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.
This Section shall not apply to Gold Quartz Mining Claims..
LXXXVIII. All mining companies so constituted.shall keep a correct account
of its assets and liabilities, together with the names of the shareholders, 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.
LXXXIX. 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.
XC. No such company shall declare any dividend until all liabilities due shall
have been paid.
XCI. No such company shall be liable for any indebtedness jcontracted by any
member thereof, other than its foreman or agent duly authorized.
XCII. 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 Twenty-five Dollars, nor
more than One Hundred and Twenty-five Dollars.
•XCIII. 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.
XCIV. There shall be paid to the Gold Commissioner, for the use of Her Majesty, upon the filing of each declaratory statement the sum of Two Dollars and
Fifty Cents; -and upon the filing of each notice of abandonment the sum of One
Dollar and no more.
XCY. All other matters not herein provided for shall, as far as is practicable,
be governed by the provisions ofthe "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.
XCVI. In the case of any Mining Joint Stock Company duly registered in
this Colony, under the provisions of the "Mining Joint Stock Companies Act,
1864," and not under this Ordinance, every shaieholder of such company, though
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.
PAET YIII.
.   . .^^ ADMINISTRATION.
XCYII. In case of the,death of any Free Miner, while registered as the holder
of any mining property,, his claimJ3hafl not be open-to the occupation of any other
to person 30° VICTORIA, Ho. 34.
11
Gold Milling Ordinance.
person for non-working or non-representation, either after his decease or during
the illness which shall have terminated in his decease.
\ CYIII. The Gold Commissioner shall in all such cases take possession of the
minng property ofthe 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 days' 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.
CI . The Gold Commissioner shall take into his custody and safe keeping,
or order some person so to do, all the property of deceased miners until proper
letters of administration be obtained.
PAET IX.
LEASES.
C. All grants under this Ordinance for any mining ground, ditch "privileges,
or otherwise, shall be in writing, in the form of a lease to be signed by the Gold
Commissioner, and by the grantees or lessees.
CI. Save where the contrary is expressed in this Ordinance, the following
clauses shall apply:
Applications for leases, accompanied by a plan of the proposed undertaking, are
to be sent 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 appTied for
shall be marked out by posts ofthe 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.
CI I. Every application for a lease ahall be accompanied by a deposit of One
Hundred and Twenty-five Dollars, which shall be refunded if the application be
refused; and if it be entertained such sum of One Hundred and Twenty-five
Dollars shall be retained and paid into the Treasury of the Colony, for the use of
Her Majesty, whether the application be afterwards abandoned or net.
CIII. 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 feet on each side of the main lead or seam.
CIY. Leases as above will not in general be granted of an}' 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.
CV. Every such lease shall without expressing the same, 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 demised shall be granted for mining purposes only, and it shall not be competent to
the lessee to assign or sub-let 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.
PAET X.
DITCHES.
CYI. It shall be lawful for the Gold Commissioner, upon the application hereinafter mentioned, to grant to any person for any term not ezceeding five years,
the right to divert and u^e 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.
y CVH. Ten
Power of Gold Commissioner.
Custody of property
of deceased Miner.
All grants to be in
writing.
Except otherwise expressed in this Ordinance.
Applications mustbe
in duplicate.
Ground must be
marked out and
notices posted up.
Deposit of $125.
Leases for 10 years,
Dry Diggings.
Bar Diggings
Quartz Reefs unworked.
Quartz Reefs abandoned.
Reservation of rights
of the Crown understood, also public
ways, &c.
Grant to mine only.
Covenants be lessee.
Gold Commissioner
may grant ditch privileges for 10 years. M
30° VKW9KLB, Ho. 3#;
Gold Mmmg Ordinance.
Notice to be given,
Deposit of $125 to he
paid.
Application to be in
writing:.
Gold Commissioner
may refuse or modify
grant.
Grants to be subject
to Free Miner's
rights.
Damages when to be
paid.
Grants not to be
made in certain cases.
Gold Commissioner
may re^ u la I e' size,
Ac. of Ditches
Waste of water not
permitted.
Water how to be dis-
^BSlHtled by grantee.
"Hen t of So per annum
on 50 inches of water.
General regulati
ons.
water.
CfVlIPTen days^Tiotice* £nereof shall be gireny1 by affixing the same to some
conspicuous part of the ground, and a copy thereof upon the walls of the Gold
G0ilMnissioaeif% Officesef the district, and it shall be competent to any Free Miner
to protest before the Gold Commissioner within such ten days, but not afterwards,
against such, application being wholly or partially granted.
CVIII. Every application for a grant of water exceeding 300 inches shall be
TaccOtt^anied by a dep^dshrof One Hundred and Twenty^five Dollars, which shall
be refunded in case the application shall be refused by the Government, and if
the application be ehterjfcfcindd, then suchsum of One Hundred jajnd Twenjty.-five
Dollars, shall {fee retailed and paid into the Celonjal Treasury, for the use of Her
Majesty, whether the application be afterwards abandoned or not.
CIX. Every application for suelvjights shall be in writing, and shall state the
names ofthe applicants, the name of the stream or lake to be diverted, the point
of diversion or ditch head, the quantity of water to be taken, the locality for its
distribution, and the price (if any) to be charged to Free Miners or others for the-
Use of *ue$ water, and the time necessary for the completion ofthe ditch.
CX. The Gold Commissioner, upon protest being entered or for reasonable
cause, shall have power to refuse or modify such application or grant.
CXI. Every grant of a ditch or water privilege in occupied creeks shall be
subject to the right of such registered Free Miners as shall at the time of such
grant be working on the stream above or below the ditch head, and of any other
person or persons whatsoever who are then in any way lawfully using such water
for any purpose whatsoever.
- CXII. If after the grant aforesaid has been made any Free Miner locate and
bema 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 entitled to such quantity
of water to work his claim as he may require. And in computing such damages, the expense of 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.
CXIII. No person shailbe estitled to any grant of the water of any stream
mined for the purpose of selling the water to present or future claimholders on
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 \\± all such cases protected.
CXIY. The Gold Commissioner shall have power, whenever he may deem it
advisable, to order the enlargement or alteration of any ditch or ditches, and to-
fix what (if any) compensation shall be paid by the parties to be benefitted by
such alteration or enlargement.
CXY. Every owner of a ditch or water privilege shall be bound to take all
reasonable means for utilizing the water granted 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.
CXVI. It shall be lawful for the owner of any ditch or water privilege to
distribute 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.
CXYIL Unless .-otherwise iSpeeially anjaBge^,a» anneal rent of Five Dollars
shall be paid for every fifty 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.
CXY1II. 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 laud already occupied by any other person, may
in proper eases do so with the sanction of the Gold Commissioner. In .all such.
cases the right of the party first in -possession 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. 11
CX1X. In measuring water in any ditch or sluice, the following rules *s4i€fll
be observed:—The water taken into a ditch shall be measured at the ditch head
with. 30° yiOT0RL%Jfv. 34,
n
Gold Mw^ng Ordinance.
.■ mm «**"
with, a pressure of seven inches. No w.atex shall be Ijaken into a ditch except
in a trough placed horizontally at the, place at which the water enters it. The
aperture through which the water passes shall not be more than ten inches high*
The same mode of measurement shall be applied to asceijta^ the quantity of
water running out of any ditch into any otter ditch or flume.
CXX. Whenever it shall be yptejided, in forming or upholdiag. any ditch, to Notice of entering
enter upon and occupy any part of a registered claim, 035'ta dig or loosen any registered claim to
earth or rock, within four feet of any ditch not belongi-eg solely- to the register- be given,
ed owner of such claim, three days' not&ge in writing of such intension shall be
given before entering or approaching within four feet of such other property.
CXXI. Any person heretofore or hereafter engaged in the construction of Rules for diverting
any road or work may, with the sanction of the Gold Commissioner, cross, di- or crossing ditches,
vert, or otherwise interfere with any ditch, water privilege, or other mining
rights whatsoever, for such period as the said Commissioner shall direct.
CXXII. The Gold Commissioner shall order what (if any) compensation for Gold Commissioner
every such damage or interference shall be paid, and when, and to whom, and to settlecompensatio5
whether any and what works damaged or affected by such interference as afore- therefor,
said, shall be replaced by flumes or otherwise repaired, and in what manner, by
the person or persons inflicting any such damage.
CXXIII. Upon compliance with the requirements aforesaid, the Gold Com- and to give certificate
missioner shall certify in writing under his hand that the person or persons of authority
named therein were duly authorized to create the damage or interference aforesaid, and have duly Infilled %h.e 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.
CXXIV. Every such certificate shall be recorded by the said Gold Commis- to be recorded,
sioner, in a book to be kept by him for that purpose at his office, and shall be
afiall times open to inspection upon payment of a fee of One Dollar for every
inspection.
CXXY- Every such certificate so recorded shall be sufficient evidence in any and to be sufficie^
Court of Judicature in the Colony of all matters and things therein contained in Law Courts,
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.
CXXYI. The Gold Commissioner shall, upon the application of any party in Gold Commissioner
t^rested therein, and after notice as hereinafter mentioned to allr whom it may to decide disputes,
concern, inquire into and decide all matters arising out of or connected with any
such damage or interference'&s aforesaid, and such decision or judgment 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 Five Hundred Dollars.
CXXYII.  In cases where such amount or value shall exceed Five Hundred Appeal may be'made
Dollars any party aggrieved by such decision may appeal against the same to the in cases over $500 to
Supreme Court of Civil Justice, upon giving written notice of such intention to   ae    uPieme
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.
CXXVIII. The owners of any ditch, water privilege, or mining right, shall, Security of waste
at their own expense, construct, secuie. a'".d maintain all culverts necessary for water in ditches to be
** * , ' I n     .        , . J    .   at expense of owners,
the passage of waste and superfluous water flowing through or over.any sucli
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.
CXXIX. The owners for the time being, not being the Government, of any ^^^ *? SbEs!!
ditch or water privilege, shall construct and secure the same in a proper and substantial1 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.
structed in a secure
manner.
CXXX. The owners, of any ditch, water privilege, or right, shall be liable and Damages to be made
shall, make good, in such manner as the Gold Commissioner shall drferniine, all ^00     ^ ^ran ttt
damages which may be occasioned by or through any parts of the worksiofsucht
ditch, water privilege, or right giving way as aforesaid, and the same may be recovered before a1 Magistrate in a summary manner.
CXXXI. The publication of any written noticetto the. party intended to be Notice to be given in
affected thereby, in two consecutive numbers of the Government Gazette, or any ^rovern7nent Gazette.
newspaper 14
30° VICTORI^,3fd. 34.
Gold Mining Ordinance*
Saves public rights.
01
Constitution of Mining Boards.
Their number and
election.
Member's qualification.
Gold  Commissioner
to be returning
Officer.
Vacancy of Membership
newspaper circulating in the Colony, or by affixing the same for ten days on some
conspicuous 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.
CXXXII. Nothing herein contained shall be construed to limit the right of
the Chief Oommisssoner of Lands and Works to lay out from time to time the
public-roads ofthe Colony across, through, along, or under any ditch, water privilege, or mining right, in any unsurveyed Crown Land without compensation,
doiog as little damage as conveniently may be in laying out the same.
PART XL
MINING BOARDS AND THEIR CONSTITUTION.
CXXXIII. 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 stThe Mining Board."
CXXXIV. The Mining Board shall consist of nine members who shall retire
annually, and shall be elected by the votes ofthe inhabitants ofthe District who
are Free Miners at the time ofthe election.
CXXX Y. No Free Miner or other person shall be eligible as a candidate, unless he shall have been a registered owner of a mining interest in the District for
at least three months previous to the election.
Voters qualification.      CXXXYI. Each voter shall have nine votes, but shall not be allowed to give
more than one vote to each candidate.
CXXX VII. The votes of the electors shall be given in person by the voter,
and the Gold Commissioner ofthe District shall act as the Returning Officer, and
shall decide all questions as to qualification and disqualification of the mem^
hers elect. The first election shall take place on such day as the Gold Commissioner may appoint.
CXXXVI1I. 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 fvt to vacate his &--eat in each case and not be re-eligible,
save that a member vacating his 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.
CXXX IX. Whenever any member shall absent himself from three or more
consecutive meetings 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.
OXL. The Gold Commissioner shall fill bv 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.
CXLL The Mining Board shall, subject to the provisions hereof, have power
hy resolution to make By-Laws,' which shall be submitted for the approval ofthe
Gold Commissioner, (any By-Laws so approved by the Gold Commissioner shall
be immediately posted in the Gold Commissioner's Office), and also from time to
time to suggest any alteration or repeal of existing laws for regulating the size 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.
CXLII. 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 reeeh t ofthe copy of any such resolution signed by the Chair n an
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.
CXLIII. The Mining Board shall meet at such times as a majority of the said
Board shall decide, and one-half of the members ofthe 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.
CXLIY. The votes on all resolutions ofthe ' ining B >ard shall be given by
the members- personally and by word of mouth.
CXLY. A'l questions of order and ofthe time and manner of conducting the
business at such Mining Board, and ofthe times and places of meeting after the
first meefing thereof) may be decided by the majority of the said Mining Board,
tl(os cither
Absence from meeting.
Vacancies in the
Board. .
Power to mate bylaws &c, which must
be approved by the
Governor.
Majorities.
Mining Board meetings.
Votes oral.
Mode of conducting
the proceedings. 30° YICTOKLE, No. 34.
15
Gold Mining Ordi
nance.
either from time to time as any question shall arise, or by any fixed rules and
others as may be thought advisable.
CXLYI. It shall be lawful for the Governor, by an order under the Public
Seal of the Colony, at any time to declare the Mining Board in any district dissolved, at a day to be named in such order, and if no day be therein named in
that behalf, then as from the date of such order.
PART XII.
PENAL CLAUSES AND CLAUSES OF INDEMNITY.
CXLYII. 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 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 Two Hundred and Fifty
Dollars, or to an imprisonment not exceeding three months.
CXLYIII. All penalties imposed under this Ordinance may be recovered
forthwith, or at such reasonable interval after convicoion ad non-payment as
shall be allowed, by distress and sale of any mining or other personal property
ofthe offender.
CXLIX. 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.
CL. Any person convicted and sentenced to any term of imprisonment beyond
thirty days, or to pay any fine beyond One Hundred Dollars over and above the
costs of conviction, may appeal to the Supreme Court of Civil Justice, provided
that such person do, within forty-eight hours after such conviction, enter into
recognizance with two sufficient sureties, conditioned personally to appear to
try such appeal, and to abide the further judgment of the Court, and to pay
such costs as shall be by such last mentioned Court awarded. And the convicting Gold Commissioner may bind over any witness or informant under sufficient recognizances to attend and give evidence at the hearing of such appeal.
CLI. On any such appeal no objection shall be allowed to the conviction on
any matter of 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.
CL1I. 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.
CLIII. Any person who shall steal, or sever with intent to steal, any gold or
gold dust from any claim or from any ground comprised iu any lease granted
under this Ordinance shall be guilty of felony, and being convicted thereof
shall be liable to be punished in the same manner as in cases of larceny.
CLIY. 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 be guilty of felony, and upon conviction thereof
shall be punished in the same manner as if he had feloniously stolen the same.
CLY. 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 Majest}', Her heirs and
successors, and to the public rights of way and water of this Colony.
CLVI. This Ordinance may be cited for all purposes as the "Gold Mining
Ordinance, 1867."
Passed the Legislative Council the ldth day of March, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member
Assented to, in Her Majesty's name, this 2nd day of April, 1867.
FEEDEEICX SEYMOUE,
Governor.
Power to the Governor to dissolve any
Mining Board.
Summary power in
cases disobedience.
Penalties how recovered.
All fines and fees to
be paid  into  the
Treasury.
Appeal to the Supreme Court in criminal and summary
cases.
No merely formal objection allowed.
Certain offences.
Felony.
Stealing gold   dust
from claim Felony.
Defrauding co-partner or principal Felony.
Saves existing min-
Short Title.
NEW WESTMINSTER:
PRINTED AT THE  GOVERNMENT PRINTING OFFICE.  BRITISH COLUMBIA.
ANNO TRICESIMO
VICTORIJG   REGINjE.
^c^c^c^c^cj|c^e^(3l'^e^c^c^C3|i^:^c4c3|(^c^(^c^c
NO. 85
An Ordinance to regulate Excise in all
parts of the Colony.
w
HERE AS it is expedient to assimilate the Law of Excise in all
parts of the Colony;
Be it enacted bv the Gov
ernor
of British Columbia, with the ad
vice and consent of the Legislative Council thereof, as follows
I. The British Columbian "Distillers' Excise Act, 1861," and "The
Distillers' Ordinance, 1865," are hereby repealed, but such repeal
shall not affect any rights acquired or penalties or liabilities incurred
under such Act or Ordinance, but the same shall be respectively
held enforceable and recoverable as if such repeal had not taken
place.
II. No person, other than a person licensed in the manner hereinafter provided, shall act as a Distiller in British Columbia, or shall
distil, manufacture, rectify, or make thereiu any Spirits from vege-
table or saccharine matter, under a penalty of Fiffy Dollars for each
day on which any such offence is committed, and on pain also of
forfeiting, over and above tne penalty aforesaid, all Spirits distilled,
brewed, manufactured, or made in contravention to this Ordinance,
and every still,imash-tub, fermenting-tun, or other vessel, machinery,
or utensil of any kind used by him or in his possession, or on his
premises!.
ILL Any establishment or place used for the rectifying of Spirits,
by auy process, shall be deemed a Distillery within the meaning of
this Ordinance.
IV". Every Stipendiary Magistrate in British Columbia may issue
a License to act as a Distiller in some certain premises situate at
some certain place, to be approved by such Magistrate, within such
Magistrate's District, and to be described iu the license, to any person or partnership of persons requiring the same, and beingTesi-
dents or having his or their place of business in such district, and
having previously complied with the requirements of this Ordinance
in th&t behalf; and each such license shall remain in force for one
year froni the date thereof, and no longer.
V. The party in whose favor a license to act as Distiller is granted
shall, on requiring such license,* pay to the Magistrate issuing the
same the sum of Twenty-five Dollars as a duty to Her Majesty upon
such license.
VI. No license to act as a Distiller shall be granted to any party
except on a written requisition addressed to the Magistrate anc
signed by the party requimjig such license, or, if it be required by a
partnership, then by one ofthe partners.
vn. No 30° VICTORIES, No. 3;
Excise Ordinance.
Security to the extent of $1,000 to be
taken by bond with
sureties.
VII. No such license- shall be granted to any party until such party
has jointly and severally, with two good and sufficient sureties to the
satisfaction of the Magistrate issuing the license,-entered into a bond to
Her Majesty, Her Heirs and Successors, in the sum of One Thousand
Dollars, and such bond shall be taken before the said Magistrate, and
shall be conditioned for the rendering of all accounts, and the payment
of all duties and penalties which the party to whom the license is to be
granted will-become liable to render or pay under the "provisions of this
Ordinance; and' tnafreuek/ party will faithfully comply with the requirements thereof, according to their true intent and meaning, as well with
regard to such accounts,-diat-iesyandpenalties--asito:all other matters and
things provided by this Ordinance whatsoever.
VIII. The bond aforesaid shall-remain in force as long as any duties
upon any Spirits distilled, manufactured, or made, while the license to
w-kictu-tke -bond relates is in force,-or- any penalty incurred during the
said time by any breach of the conditions of the bond remain due and
unpaid by the party to whom sucn license was granted.
IX. Whenever any new license is granted to any party, a new bond
shall likewise be entered into with reference to such new license.
X. A new bond shall also be given whenever, during the period for which
the license to which it relates is in force, either of the sureties dies, be-
| comes -insolvent, or removes7 permanently out of the Colony; in any of
which ca'ses the license shall become void from the time the party is
required by the Magistrate to enter into a new bond until the time when
r IW& new bond is given, during which time the party neglecting to enter
into such new bond shall be held to be without a license.
Name and calling of XI. -Every party licensed as a Distiller shall have his name and calling
Distiller toife pub- as such inscribed in legible characters and exposed on some conspicuous
part ofthe front ofthe building or premises in which such calling,is exercised, under a penalty not exceeding Fifty Dollars for each day on
which he exercises such calling without complying with the requirements of this Section.
Duration of the
bond to be until full
satisfaction of all accounts, duties,  and
penalties.
New bond with fresh
license.
New bond on death,
insolvency, or bankruptcy of any surely*
licly exhibited.
Duty of qpl per gallon on spirits.
$i o
XII. All such Spirits -as aforesaid lawfully distilled, manufactured, or
made within the Colony shall be respectively subject to the duty to Her
Majesty hereinafter mentioned, that is to say: on every gallon, imperil
measure, of Spirits of any kind, not exceeding the strength of proof by
Sykes Hydrometer, and so in proportion for any greater strength than
the strength of proof, and for any greater or less quantity than a gallon,
One Dollar; and such duty shall be computed and charged upon the
quantity of Spirits to be ascertained after the first process of rectification, and shall be paid by the party distilling, manufacturing, or making
such Spirits, to the Magistrate, in the manner hereinafter mentioned.
Book detailing th§
products used and
the spirits obtained
by distillation.
.aid
-100   e
XIII. Every person or party licensed as a Distiller shall keep a book
or books- (in a form to be approved by the Collector of Customs) and to
be open at all reasonable hours to the inspection of any Magistrate, or
•Customs or Excise Officer, or of any person authorized by a Magistrate
to inspect such book^ in British Columbia, wherein such Distiller shall
enter from day to day the quantities of grain or other vegetable production or other substance put by him into the mash-tub, or otherwise used
by him for the purpose 'o'f producing 'Siprrlts, or otherwise disposed of;
I and also the quantity of Spirits by him distilled, manufactured, or made,
showing the quantity produced at each separate time if there have been
any distinct set or sets of operations by reason of which duties have be
come payable. And for any wilful false entry, or any wilful neglect to
make any entry hereby required, the Distiller shall incur a penalty not
exceeding Two Hundred and Fifty Dollars, and the Magistrate, Customs
or Excise Officer, or other authorized person, may at all times demand
to be shown all 'the stock of such grain, vegetable production, or other
substance as-aforesaid, then on the premises mentioned in the license.
Accounts to be ren-     XtV. Everyj party licensed to act as a Distiller and acting as such
dered to the Magis- snail, within ten days after the first day of each of the months in each
trate. year, render to the nearest magistrate a just and true account in writing,
extracted from the bcoks to be kept by such person as aforesaid, and
- signed by such party, or his agent, or chief clerk, showing:
1. The total quantity in gallons of each kind of Spirits (with the strength
thereof) on which a duty is payable, by him distilled, manufactured, or made.
2. The quantity produced at each separate time, if there have been any
distinct set or sets of operations, by reason of which duty became payable.
3. The quantities of-each kind of grain or other vegetable production or
substance used by such party in his business as a Distiller.
4. And 30° VKJTORLE, No. 35.
Excise Ordinance.
4. And such account shall be attested by the person signing the same by
an affidavit in the following form:
"I, , do solemnly swear that the account above written, to which
"I have also subscribed my name, contains a true account of the total quantity of every kind of Spirits or Strong Waters, or Spirituous Liquors, distilled,
"manufactured, or made by me (or by as the case may be) within the
' "time mentioned in the same account, and on which duty is payable, and of
"the quantities of each kind respectively, and the strength thereof; and also
"of the quantities produced at each separate time therein mentioned by a
"distinct set of operations, and also of the quantities of all grain or other
"vegetable production or substance consumed by me (or by the said )
"during the same time, so help me G-od."
XV. Such affidavit shall be made before the said Magistrate, and shall Affidavit to be made
be delivered with such account to the said Magistrate, who may put to before the Magis-
the person making it such question as he may deem necessary to the *rate who ma^j*?"
elucidation and fall understanding of the account, and for ascertaining vjIroga e on a    *"
whether such person has had the means of knowing the same to be correct, and may require his answers to be sworn to before him, and may
reject the account if such account or the answers so given are insufficient
according to the true intent and meaning of this Ordinance.
XVI. And any wilfully false statement in any affidavit or answer to wilfully false state-
a question required by this Ordinance, shall be deemed wilful and cor- ment to be perjury,
rupt perjury, and punishable accordingly.
XVII. Every licensed Distiller shall, at the time of rendering such Sums due to be paid
account as aforesaid to the Magistrate, pay over to that officer the m t0 the Magistrate,
amount of duties which by such account appear to be payable, other
than such duties which may be payable in respect of Spirits deposited
in a bonded or certified warehouse as hereinafter mentioned.
XVIII. If any licensed Distiller refuses or neglects to render such Penalty for neglect,
account or to pay over such duties as aforesaid, according to the true
intent and meaning of this Ordinance, he shall by such refusal or neglect in either case incur a penalty not exceeding Two Hundred and Fifty
Dollars, and the Magistrate may also at his discretion cause a notice to
be inserted in one or more of the local papers, or the Government Gazette,
declaring the party so refusing or neglecting to have forfeited his license
as a Distiller, and such license shall be forfeited accordingly, and shall
be null and void from and after the date of such notice, nor shall any new
license be granted to the defaulter until after the debt and penalty
aforesaid have been paid and satisfied.
XIX. Any Spirits subject to duty under this Ordinance maybe de
posited in a bonded or certified warehouse as hereinafter mentioned.
XX. A certified warehouse shall be some place approved by the Ma- Certified warehouse
gist-rate within his district for the storage of Spirits on which the duty
is unpaid.
XXI. The key to the certified warehouse shall be kept by the said
Magistrate, and he or his agents may at any time, either in the day or
night, enter therein and inspect the Spirits therein contained, and may
test and examine the same, and take such other steps for the protection
of the Revenue as in his absolute discretion he may think proper.
Bonded and certified warehouses.
Magistrate to have
the key and may enter at all hours.
XXII. No Spirits shall be removed from a certified warehouse after
having been placed therein without the presence either of the Magistrate
or of some person nominated by him in that behalf, and the amount of
duty after the rate aforesaid shall be payable on the Spirits so removed
on the next monthly settlement of account.
XXIII. Any person entering into a certified warehouse without the
consent ofthe Magistrate shall be liable to a penalty not exceeding Two
Hundred and Fifty Dollars, and any person removing any Spirits from
a certified warehouse except in the presence of the Magistrate or person
nominated by him shall be liable to a penalty not exceeding Five Hundred Dollars.
XXIV. The Collector of Customs may, with the approval of the Governor, make such regulations as to him may seem necessary relative to
the warehousing of Spirits under this Ordinance.
XXV. Every licensed Distiller shall, on being thereunto required oy
a Magistrate or by any person authorized by a Magistrate, produce to
him at any seasonable time and hour, and shall allow him to take copies
and extracts from such books and accounts as are requisite to enable him
to
Magistrate or person
by him nominated
to be present at the
removal of Spirits
from a certified
warehouse.
Penally on persons
entering a certified
warehouse without
the consent of the
Magistrate.
Collector of Customs
may make regulations with regard to
warehousing.
Magistrate may inspect books. 80.° THCTOBL&ifQ. 35,
Excise Ordinance.
Place of production
to be on the business
premises.
Notice to Magistrate
previously to working the distillery.
Meaning of working
a ggstmery.
Penalty for working
without a notice.
Distiller to furnish
lights, ladders, mea-
sur.es, &c, for the
purpose of inspection.
Magistrate may
enter.
Spirits maybe bonded in the Colony.and
exported in bond under certain restrictions.
Recovery of duties,.
Payment of penalty
not to affect the pay-
-ment of.duties: -1
Stock in trade :and
utensils, &c, to be
iliable for duties.
|£>Yerify.aiiy^CAonnt rendered as afores^d, and shall atr^llti^nes and
hours allow the Magistrate, or any person employed by him, free access
to the buildings and premises in which such Distiller exercises his cal
ling as such, under a penalty of Twenty-n-ve Dollars for each neglect or
refusal to comply with the requirements of this Section.
XXVI Except that np Magistrate or other person shall re quire any
sueh book or account to be produced to him elsewhere than at the place
where such Distiller carries on his business as snclj.
SXVTI. No Distiller shall work his Distillery at any time unless he
has given at least twenty-four hours previous notice in writing to the
nearest ^Magistrate of his intention to work the same at such time, and
such notice shall not extend to a longer period than thirty day s front the
deliyery; thereof to the said Magistrate.
XXVIII. Any use made of any still, mash-tub, or fermenting-tun, -for the
purpose of distillation, mashing, or fermentation, -shall be deemed to be a working of the Distillery and an acting as a Distiller within the meaning of this
"Ordinance.
XXIX. If any Distiller works his Distillery at any time for which he. has not-
given notice of his intention to work the same, he shall for each day on which
he so works such Distillery incur the same penalty and forfeiture as if he had
worked the same without a license.
XXX. Every licensed Distiller shall at all times furnish the Magistrate or
his assistant, or other authorized person, with lights, ladders, measures, and
.other things requisite to enable him properly to examine, inspect,, measure, or
guage any still, auxiliary vessel, mash-tub, fermenting-tun, or other vessel, or
any grain, vegetable, or other substance or matter as aforesaid on the premises
.of such Distiller or any part of such premises under a penalty oi Twenty-five
Dollars for any refusal or neglect to comply with the requirements of this Section.
XXXI. The Magistrate and any person or persons acting under hdm or by
his idirections may, at any hour of the day or night, enter any premises referred to
in any license granted under this Ordinance, and may make all necessary enquiries and searches .therein for the purpose of ensuring the execution of this: Ordinance according to its itrue intent and meaning, subject to the restrictions
hereinbefore mentioned.
XXXII. It shall be lawful for any Distiller to bond any Spirits manufactured under this Ordinance in this. Colony, and to export the same in bond from
the Colony, nevertheless with, under, and subject to all such regulations and
restrictions for the protection of the Revenue, as shall from time to time be
prescribed by the Collector of Customs in that behalf.
XXXIII. Any duties payable under this Ordinance shall be recoverable at
any time after the same ought to have been accounted for and paid, whether on
.account of the quantity of Spirits as aforesaid on which they are payable has or
has. not been rendered as aforesaid, but in the case last mentioned the party by
whom such duties are payable shall incur a penalty uot exceeding the sum of
Two Hundred and Fifty Dollars and the amount of duties for his neglect to render the accounts relative to the-same as hereinbefore required, in addition to
any other penalty incurred- by. him by such neglect; and all such duties .shall
be recoverable with -full costs of suit in favor of Her Majesty.
XXXIV. The payment of any penalty imposed by this Ordinance shall not
discharge the party paying the  same, or his sureties, from the obligation to
pay all duties-due by such parties, and the same shall be paid and may be re-
.coveredas if sueh peualty had not been paid or incurred, and all such duties
•shall be recoverable with full costs of suit, as a debt due to Her Majesty.
XXXV. And without any prejudice to the liability of any other property of
the debtor or his sureties, the stock in trade, stills and mash-tubs, fermentinc-
I tuns,-and other machinery and utensils, whether, so fixed as to form part ofthe
real or immovable propertyor not which are on the premises mentioned in the license at the time any such duties become due, shall be liable for such duties and for
•any penalty incurred by the Distiller on whose premises they are by special privilege and lien in favour of the Crown-} and may be seized and sold in satisfaction of the same under any Warrant of Distress or Writ of Execution and removed by the purchaser, to whomsoever the same might otherwise helo.no- or
into or in whose lands or possession soever the same have passed or are found
and notwithstanding any claim to the same, or privilege, or lien thereon in favor
of any other person or party whomsoever; and if the same be forfeited under
ithe provisions of this Ordinance for any contravention thereof, they may be
seized by the Magistrate or any person acting under his authority, at any time
after the commission of the offence for which they are forfeited, aud marked
I detained, or secured until condemned pr released by competent authority, and
snail 30° VICTORLE, No. 85.
Excise Ordinance.
shall not while under seizure be used by the offenders, and if condemned they
shall be removed or sold or otherwise dealt with in such manner as the Magistrate shall direct.
XXXVI. The penalty or forfeiture incurred for any offence against the pro- Summary procedure
visions of this Ordinance and the duties payable hereunder may be sued for and
XT     J J
recovered before the Magistrate of the District in whieh the offence was committed or the premises used as a Distillery is situate j and any such penalty or
duty may, if not forthwith paid, be levied by distress and sale of the goods and
chattels of the offender, under the warrant of such Magistrate, or the said Magistrate may in his discretion commit the offender to Gaol, until the penalty
with the costs of prosecution shall be paid.
XXXVII. Provided always that any pecuniary penalty or any forfeiture im- General jurisdiction
posed by this Ordinance, whatever may be the amount thereof, maybe sued for
and recovered with costs, on the oath of any competent witness, in any Court
having Civil Jurisdiction to the amount of such penalty or forfeiture, by Her
Majesty's Attorney General, or by any other person or officer thereunto authorized by the proper authority 3 and such penalty or forfeiture shall belong to Her
Majesty.
XXXVIII. No person making any seizure under th's Ordinance shall he Saving of persons
liable to damages if such seizure be declared not valid, providing the Court or      ° *?f^ seize W1"*
Magistrate declaring it not valid certify that there was probable cause for
makinff it.
o
XXXIX. Any person refusing or neglecting to appear before any Magistrate Penalty on witnesses
or any Court to give evidence when summoned, concerning any alleged offence refusing to appear
against the provisions of this Ordinance, shall for such refusal or neglect incur and answer.
a penalty of not more than Two Hundred and Fifty Dollars, to be recovered in
the manner hereinbefore provided for the recovery of other penalties of like
amount.
XL. When any act, deed, matter, or thins: is required or permitted to be Powers oftemporary
done, performed, or executed by any Public Officer by virtue of his Office, the Pubhc 0fiicers-
same may be done, performed, or executed by any person for the time being
lawfully acting or empowered to act in such office, and in particular where any
act, deed, matter, or thing is required or required to be done, performed, or executed by the Governor, the same may be done, performed, and executed by the
person for the time being lawfully administering the Government.
XLI. Whenever in describing or referring to any person or party, matter, or Interpretation
thing, any word importing the masculine gender or singular number is used, the clause,
same shall be understood to include and shall be applicable to several persons
and parties as well as one person or party, and females as well as males, and
bodies corporate as well as individuals, and several matters and things as well
as one matter or thing, unless it otherwise be provided or there be somethinf
in the subject or context repugnant to such construction.
XLII. This Ordinance may be cited for all purposes as "The Excise Ordi- Short Title,
nance, 1867."
Passed the Legislative Council the 26th day of March, A. D. 1867.
Charles Good, Arthur N. Birch.
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 2nd day of April, 1867.
FREDERICK SEYMOUR,
Governor*
NEW WESTMINSTER:
PRINTED  AT THE  GOVERNMENT PRINTING* OJTICE.  BRITISH COLUMBIA.
ANNO TRICESIMO
VICTORIA   REGI1V.K.
NO. 86.
An Ordinance to assimilate the Laws for
the regulation of Harbours in all parts
of the Colony of British Columbia.
[2nd April, 1867.]
I
JHEREAS it is expedient to assimilate the Laws for the regulation Preamble,
of Harbours in all parts ofthe Colony of British Columbia;
Be it enacted hy the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:
I. "The Harbour Regulation Ordinance, 1865," ofthe Colony of Repeals former
British Columbia before the Union, and "The Harbour Regulation A^ts.
Act, 1863," ofthe former separate Colony of Vancouver Island anl
its Dependencies, are hereby repealed. Provided however, that all
liabilities and pen ilties imposed and accruing, due under the said
repealed Ordinance and Act or either of them, and all remedies and
punishments for recovering and enforcing the same shall still, notwithstanding such repeal, remain in fall fjree and effect and be
capable of being enforced and inflicted as if such Ordinance and
Act where still in force, but not farther or otherwise.
H. The Harbour Master ot every Harbour or Port in the Colony Harbour Master to
of British Columbia shall give directions for regulating: the time at make general Har-
which and the manner in which every V essel shall enter into, go out regulations,
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.
IH. The Master of every Vessel within any Harbour, or at any Penalties for non-
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 not exceeding One Hundred Dollars.
IV. In the event of the Harbour Master not finding the Master Charges incurred
or Officer in charge of any Vessel on board to obey his instructions, bv Harbour Master
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
ofthe 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
ii
conformity therewith.
when to be levied
by distress. i ill
30° VICTORIA, No. 36.
MS
Rules for discharging coals, ballast,
and loose material.
Removal of tar,
pitch, gunpowder,
&c , &c.
Penalty for throwing rutrbish into
Harbours.
Penalty for mooring
on buoys.
Vessels to be trimmed as Harbour
Master may order.
Penalty for'false*'
information as to;
draught of "water..
Penalty for injuring
buoys, beacons, &c.
Harbour Ordinance.
neglect of payment^ siifeh eb&rge f§£ €i^§pace 6/ seven cta^sarter
conviction, the Bferbour Master may levy sujsfevcnarge by distress
and sale of such Vessel, or the tackle or furniture thereof,tand the
said Justice shall iss-H^Ss warrant accofdi^^^Pfovided, fliafthe
levy aforesaid shall in nowise affect any penalties to which such
Master or oth£r person shall have rend€?ed^MfQ5fe'^lftia"feie.
V. Every "Mast eror person m charge ofanyvessel, previously to
loading or unloading,-or.discharging -hallasfv-CoaJs, cinders, stones,
bricks, tiles, or any other loose matter of a like nature, shall be, and
is hereby required to fasten?^anrass<qt a cloth, or a shoot from the
Vessel, extending to the Wharf, Quay, or Vessel, to or from which
such baliast-or other loose-m^iteriai-shall be Genyeyed,- so -as te-pr^-
venlf|^y|^rt thereof from dropping into the -Harbour,* apd^ shSfl
place the same at such distance or poiut from or near the edge of
every Quay or Wharf in which the same shall be placed to be lo&tjled*
or discharged, as such Harbour Master shall order, and in default of
so doing every such Master or otheivperson shall be liable for every
such offence to a penalty not exceeding One Hundred Dollars.
J: J o
VI. Every person b'eijg the owner of or ha^'ng the cff&fj|"e of %t$.
tar, pitch, resin, spirituous liquors, turpentine, oil. gunpowder, or
6ther combus&Me tfifilfwMch sfilll r>& fc^n^g^M^a§^or WMarf,
or on the Deck of any Vessel with Many Harbonir,- dr|at- ors &e*&r^any
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 irJ^dgfault of;so' dorn'g sh^rl be liable tofva
penalty not exceeding rJ?wenty-fiv%s Dolll?^^
bustible tbnag shall regain iu any^such plae© aferesaid,-after the Expiration of two hours from the service of such notice.-
VII. Every person who shall throw or put .any ballast, eartK^ton-es,
ashes, rubbish, or other material, into any Harbour, or shall knowingly permit the sanm-to be so thrown or put, shall, unless--The shall
have obtained permission in that behal£in writing, under me hand
ofthe Harbour Master, with the sanction of the Governor for the-
time being, be liable fo a penalty not exceeding. Two' Hundred and!
Fifty Dollars 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.
VHL Kb Master, Commander, or Pilot, having charge of any
Vessel or Ship, shall moor or iu any way make fast any such Vgssel
or Ship to any Buoy or Beacon not being a Mooring Bnoy or B-ea-
con, or make use of the same for warping^ under a penalty not ex-
Five Hundred D<
ceedmg
'ollar
IX. Iftery Master, Commander, Pilot, or o^tfe^r^ pcrsoln- h'a^ifig5-
eharge of afty Vessel or Ship, shall, when required so to' do'■■'^fsSM
said Harbour blaster,- or by any person acting under Ms -authority,-
peak their yards-, place sprit sail:y&fd fore aJ&d aft, on n jib boom in,
get their anchors on the forecastle deck-, rig" fe main -an&:-HH&&&
booms and stern and quarter davits.
X. Any Master or other person having the comihand of any
Vessel, who shall give false information of the d-Mught of wate^ d£
any such Ships shall be liable to a ;penalty of not exceeding T-efc.
Dollars.
XI. Any Master or other person who shall'remove, or winully or
through negligence injure or destroy, or permit-a Vessel to strike,
any Light-Ship, B'eatcon, Buoy, Light-House, or Land-Mark belonging to trie Colony, and within the j ui-isdiction thereof, shall,»ibr eacto
such offence be subject to a penalty of not exceeding. Five Hundred
Dollars, in addition to the amount ofthe damage done, the amount
of such damage to be ascertained in a summary manner before any'
Justice ofthe. Peace j and in default of payment to be levied by distress -and sale of the goods of the offender, of the vessel- doing the"
damage, or of the tackle or furriituare thereof; provided that tB#
oflenderanay be arrested and detained in cusfody until the return
of 30° VICTORLE, No. 36.
Harbour Ordinance.
of the warrant of distress, and in case of the insufficiency of 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.
X 11. No Master, Commander, Pilot, or other person in charge of "Vessels not to be
any Vessel or Ship, shall be allowed to smoke any such Vessel or °P°£edUuC8f8by
«/ r' «/ Harbour Mast
Ship for rats or vermin, without the authority of the said Harbour per
Master.
er's
mission.
XIH. No pitch, tar, or other combustible matter, shall be heated Pitch and oil not to
or melted on board of any Vessel or Ship, or on the Wharves, within be melted unless by
the precincts of any of the Harbours of British Columbia, by any ^
Master, Commander, or Pilot, in charge of any Vessel or Ship,
amission.
W
ithout the consent of the Harbour Master.
XIV. No person or persons shall let go, cut, or unfasten any rope, Moorings not to be
chain, or other fastening to or from any Vessel or Buoy, Anchor, cut.
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.
XV. Masters, Commanders, or Crews of Vessels or Ships, shall Harbour Master not
not impede the said Harbour Master, or any person acting under his t0 be impeded in his
orders, or in the execution of their duties. duties.
XVI. Any person   infringing any provisions of this Ordinance Penalties,
shall be liable to a penalty not exceeding Twenty-five Dollars for
i. «/ CD v
each and every such offence, unless otherwise herein specially provided for.
XVII. Wherever in this Ordinance any pecuniary penalty is im- Penalties how reposed for any offence the same may, unless otherwise provided, be covered,
recovered by way of summary proceedings before any single Justice
of the Peace having jurisdiction in the locality in which the offence was committed, and every such penalty may with costs
of conviction be levied by distress and sale of the Goods and
Chattels of any offender, and in case such Goods and Chattels shall
prove insufficient to satisfy such penalty and costs, then by imprisonment of such person so offending for any term not exceeding three
calendar months.
XVULL. In case of any summary conviction under this Ordinance Warrant of commit-
no warrant of commitment upon a conviction shall be held to be meut.
invalid by reason of any defect therein, if it be therein alleged that
the person offending has been convicted, and there be a
valid conviction to sustain the same.
good and
Interpretation
clause.
XIX. 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.
XX. This Ordinance may be cited for all purposes as the "Har- Sbort Titie«
bour Ordinance, 1867."
Passed the Legislative Council the 26th day of March, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 2nd day of April, 1867.
FREDERICK SEYMOUR,
Governor.
NEW  WESTMINSTER:
PRINTED  AT THE   GOVERNMENT  PRINTING  OFFICE,  il
BRITISH COLUMBIA.
ANNO TBICESIMO
VICTORIA
EGI1VD.
***********    *****************   ********
NO. 37.
An Ordinance to assimilate the Law regarding Aliens in all parts of the Colony of British Columbia.
\_2nd April, 1867.]
w
J HERE AS it is expedient to assimilate the Law regarding Aliens
in all parts of the Colony;
Be it enacted by the Governor of British Columbia, with the advice Preamble.
and consent of the Legislative Council thereof, as follows:
Repeals former Acts.
Rights of Aliens
Alien may be natu-
I. "The Aliens' Act, 1859" of British Columbia before the Union,
and "The Act to enable Aliens to hold Real Estate, 1861," and "The
Alien Act, 1861," ofthe former Colony of Vancouver Island, are
hereby repealed; but such repeal shall not affect or prejudice any
rights acquired or things bona fide done thereunder.
n. All Aliens who shall have been heretofore duly naturalized,
either in that portion of British Columbia heretofore called the naturalized before
Colony of Vancouver Island and its Dependencies or the remainder Union-
of the present Colony of British Columbia, shall be deemed and
taken to have been duly naturalized and entitled to hold and transmit all and singular the rights, benefits, and privileges, of and from
naturalization as British-born Subjects, and therewith connected, as
and from the date of their naturalization in either of such respective
portions of this Colony, as if theyahad been duly naturalized at such
last mentioned date in and for the whole of the Colony.
HI. Every Alien now residing, or who may hereafter come to
reside in the said Colony with intent to settle therein, and who shall raiized after one
have actually resided therein for a continuous period of one year, year's residenca.
without having been, during any portion of that time, a stated
resident in any Foreign Country out of Her Majesty's dominions,
shall be entitled to procure himself to be naturalized in manner
hereinafter described.
IV. Every alien desirous of becoming so naturalized, shall procure How naturalized,
a declaration of residence and character, to be made and subscribed
by some British subject in the form marked A, in the Schedule
hereto. Such Alien shall, in the next place, make and subscribe a
declaration of residence in the form marked B, in the said Schedule
hereto, and shall also take the oath of allegiance to Her Majesty and
Her Successors, in the form marked C, in the said Schedule.
V. Every such declaration and oath may be taken, made, and Declaration how to
subscribed before any Justice of the Peace acting in any part ol the be taken-
Colony of British Columbia, or before any person appointed by Her
Majesty to be a Judge in British Columbia. Every such declaration and oath shall be forthwith delivered to such Alien, with the
Certificate at the foot thereof, signed by such Justice of the Peace,
or by the Registrar of the said Judge, stating the compliance on the
part ofthe said Alien with the regulations hereinbefore contained.
VI. It 30° VICTORIES, No. 3'
Alien Ordinance.
Proceeding before
Supreme Court.
Women naturalized
by marriage.
False statement
perjury.
Penalty.
Fees to be paid.
Rights of Aliens to
hold Real Estate.
Short Title.
VI. It shall be lawful for the said Alien to present all 'the "said
documents, properly subscribed and filled up as aforesaid, in open
Court, on the first day of any Assizes or general sittings of the
Supreme Court of Civil Justice of British Columbia, in any place
in the said Colony, and all such documents shall then be read aloud
in open Court, a'nd it shall be lawful for the said Court, on the last
day of the said Assizes or general sittings, to order all the said
«/ CD CD    '
documents and proceedings to be entered as of record in the said
Court, and thereupon such Alien shall be "admitted and deemed,
while within the said Colony of British Columbia, to be thenceforth
a British subject to all intents aha purposes whatever, and to hold,
enjoy, and transmit all property, rights, and capacities in the same
manner as if born within Her Majesty's dominions.
YE. Any woman (not a British subject previously to her marriage) married to a British subject, whether by birth or naturalization,
shall be deemed to be a British subject, naturalized as from the date
of her marriage, or of her husband'snaturalization, whichever event
shall last happen.
VHL The declarations herein oefore referred} to (the Forms "whereof are set forth in the Scledule hereunto) shall be deemed to be
made in accordance with the Act 5 and 6, William IV, c. 62, for
the abolition of unnecessary oaths; and ihy wilful false statement
made therein shall be deemed perjury, and shall expose every person making such false statement or procuring the same to be -made
to all the penalties of perjury; and in addition to all such penalties,
it shall be lawful for the said Court, on motion By the prosecutor,
on any trial for perjury or subornation of perjury in respect of any
such declaration, to declare null and void the naturalization -based
upon such false declaration; and-thereupon all such steps -shall be
taken as shall be thought fitting by the said Court. Provided,
nevertheless, that nothing shall affect the rights of any other/person,
derived under the person whose naturalization is so annulled, unless
such other person shall have been cognizant of the perjury at the
time of acquiring the right.
IX. There shall be paid to the Justice of the Peace before whom
such declarations and oaths as aforesaid shall be taken and subscribed, the sum of One Dollar and no more for each such declaration
and for such oath respectively, and to the Registrar of the said
Court for reading and recording the said Certificate and documents,
the sum of One Dollar and Fifty Cents and no more; and for every
copy of such documents the same amount as for an office copy of
any judgment of the said Court; and all such fees shall be applied
as any other fees payable to Justices and Registrars are applicable
by law or custom.
X. Every Alien shall have the same capacity to take, hold, enjoy-
recover, convey, and transmit title to Lands and Real Estate of every
description in this Colony, as if he were at the time of the passing
of this Ordinance a natural born British subject; and no person
shall be disturbed in the possession or precluded from the recovery
of any Lands or Real Estate in this Colony by reason only that some
person from or through whom he may derive his title was an Alien.
XL This Ordinance may be cited for all purposes as "The Aliens7
Ordinance, 1867."
Passed the Legislative Council thkVnid day of April, A. D. 1367.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
*>
Assented to, in Her Majesty's nfane, thi$'2nd day tif Api% 1867.
FREDERICK SEYMOIIBj
Gov&fi&r.
Schedule. 30° VCCTORLE, Ko. 37.
Alien Ordinance.
THE SCHEDULE BEFORE REFERRED TO.
FORM A.
I, M. N. of do solemnly declare that I am a naturalized British
subject (or British born, subject as the case may be), and that I have known
A. B. of a Prussian subject (or as the case may be), ever since
, and that the said A. B. has resided within the Colony of
fbr a period of [One year or upwards] that he is a person of good character,
and that there exists to my knowledge no reason why to the said A. B. there
should not be granted all the right and capacities of a natural born British
subject, and I make this solemn declaration conscientiously believing the same
to be true, and in compliance with the provisions of the Statute made and passed
in the Session of Parliament, held in the 5th and 6th years of the Reign of the
late King William IV., intituled "An Act for the abolition of unnecessary
Oaths."
(Signed) M. N.
Declared and subscribed by the said M. N., before me, in pursuance of an
Act of the Imperial Parliament of the United Kingdom, 5 and 6, William IV.,
c. 62, and of "The Aliens' Ordinance, 1867/' And I hereby certify that to
the best of my knowledge and belief, the said A. B. has complied with the
requisite formalities specified in such Ordinance, entitling him to be naturalized
as a British subject, and I know of no reason why he should not be so
naturalized.
(Signed) J. P.
J. P. for
, residing at
this
day of
,18
FORM B.
T, A. B., do solemnly declare that I have resided One year in this Colony,
with intent to settle in this Colony, and without having been during that time a
stated resident in any Foreign country. And I make this solemn declaration
conscientiously believing the same to be true, and in compliance with the provisions of the Statute made and passed in the Session of Parliament, held in the
5th and 6th years of the Reign of the late King William IV., intituled "An Act
for the abolition of unnecessary Oaths."
(Signed) A. B.
Declared and subscribed before me, in pursuance of an Act of the Imperial
Parliament of the United Kingdom, 5 and 6, William IV., c. 62, and of "The
Aliens' Ordinance, 1867." And 1 hereby certify that to the best of my knowledge and belief, the said A. B. has complied with the requisite formalities
specified in such Ordinance, entitling him to be naturalized as a British subject,
and I know of no reason why he should not be so naturalized.
(Signed) J. P.
J. P. for
, residing at
this
day of
18
FORM C.
OATH  OF  ALLEGIANCE.
I, A. B. do solemnly promise and swear that I will be faithful and bear true
allegiance to Her Majesty Queen Victoria, Her Heirs and Successors.    So help
me God.
(Signed) A. B.
Sworn and subscribed by the said A. B., before me, this day of
18 . And I hereby certify that to the best of my knowledge and belief, the
said A. B. has complied with "The Aliens' Ordinance, 1867," entitling him to
be naturalized as a British subject, and 1 know of no reason why he should not
be so naturalized.
(Signed) J. P.
J. P. for
, residing at
this
day of
18
NEW WESTMINSTER t
PRINTED AT THE GOVERNMENT PBINTIN& OFFICE.  BRITISH COLUMBIA
ANNO TRICESIMO
VICTORIA   REGINH.
****************************************
NO. 88.
An Ordinance to Incorporate the City of
Victoria.
12nd April, 1867.]
WHEREAS, it is expedient that the inhabitants of the tract of land commonly known as Victoria Town should be Incorporated;
Be it enacted by the Governor of British Columbia, with the advice and
consent of the Legislative Council thereof, as follows:
I. From and after the passing of this Ordinance, the inhabitants of the
tract of land specified in the first part of the Schedule hereto shall be Incorporated under the style and Title of "The Corporation of the City of Victoria,"
and may sue and be sued by that Corporate name.
II. The City shall be divided into three Wards;—The Johnson Street "Ward,
the Yates Street Ward, and the James Bay Ward.
The Johnson Street Ward shall include the tract of land specified in the
second part of the Schedule hereto.
The Yates Street Ward shall include the tract of land specified in the third
part of the said Schedule.
The James Bay Ward shall include the tract of land specified in the fourth
part of the said Schedule.
III. The Government of the said City shall, subject to the provisions of
this Ordinance, be placed under the control of a Municipal Council. Such
Council shall consist of a Mayor and six Municipal Councillors, possessed of
the qualifications and subject to none ofthe disqualifications hereinafter specified.
IV. The qualification for a Mayor or Municipal Councillor shall be as follows:
Being a male British subject of full age.
Having resided within the Colony of British Columbia for a space of six
calendar months previous to the election j
Being at and having been for the three calendar months next preceding the
time of election, rated on the Municipal Assessment Roll of the same City in
respect of freehold to at least the value of Five Hundred Dollars, or in respect
of leasehold to at least the yearly rental of One Hundred Dollars.
V. The disqualification for a Mayor or Municipal Councillor shall be as follow^:*1
Being a Minister of any Religious Denomination.
Being a Sheriff, or a Sheriff's Officer.
Being a Bankrupt, Insolvent Debtor, or Outlaw, or having been convicted of
Felony.
Having directly or indirectly any contract with the Corporation.
Being a Naval or Military Officer on full pay, or being in receipt of any allowance from the Corporation.
VI. The candidate for the Mayoralty (being duly qualified therefor), who
shall obtain the greatest collective number of votes, shall be Mayor
VII. There shall be two Municipal Councillors elected in manner hereinafter
Preamble.
Incorporates City
of Victoria.
Creates three
Wards.
Constitution of
Council.
Qualification of
Mayor and Councillors.
Disqualification of
Mayor and Councillors.
mentioned in each of the said Wards.
Mayor how elected.
Municipal Councillors how elected
VIII. The 2
30° VICTORIA, No. 38.
Victoria Municipal Ordinance.
By what votes.
Who may vote.
Voting open, and
not by proxy.
Term of election.
Forfeit of $2,500.
Fixes day of nomi*
nation.
Place of poll.
Returning officers.
Duties of Returning
officers.
Qualification of
voters.
VIII. The two Candi^'tesrinweach WanJ^uiy.xjnalified) who shall obtain the
greatest number of votes in the Ward for which they^stand shall be* Municipal
Councillors.
IX. Every person possessed ofthe qualiiieations-and under none ofHfre' disqualifications hereinafter mentioned concerning Voters ofthe said Corporation,
shall have one vote in the election of a Mayor, and shall, in addition, have two
votes in the election of Municipal Councillors for each Ward wherein he has
qualification, b&tt-in voting for- Municipal Councillors he \ shall -only vote once
in the same Ward, and may split his vote between any two of the candidates or
vote for one candidata-on-lyy andiiLhe shall vota-ibr one his vote shall only
count one.
X. The voting for Mayor* and Cobteeillors'sljalt-be open, and no one shall vote
by proxy.
Xifc: The Mayor and Municipal- Councilors shall.*be elee$e6Mbr, one year, "pes-
yided always, that if the Mayor, or any of the Municipal Councillors, or any
person on his or their behalf, or any person in partnership with him or them,
shall enter into or obtain any interest directly or indirectly, in any^ontractj. entered into by or with the Corporation, such Mayor or Municipal Councillor
having any interest in any contract or having become disqualified as aforesaid,
shall immediately be disqualified from continuing to be Mayor or Municipal
Councillor as the case may be.
Provided always, that if any Mayor, or Municipal Councillor shall vote at any
meeting of the Municipal Council, or shall not resign his office within the space of
one calendar mon th from the time when he shall have entered into or obtained any
interest in any such contract as aforesaid, such Mayor cr Municipal Councillor
shall .forfeit to the Corporation a sum of Two Thousand Five Huudred Dollars,
and as to the said sum the same may be recovered by action, to be brought in
the name ofthe Corporation ofthe City of Victoria^ buta$ votes given under
such circumstances shall be yalid.
XH. The nomination shall be on the 8th day of Noyembe^in each;year, and
the polling (if any) on the day following; provided that, if eithen of the said
days shall fail on a Sunday, the nomination or polling shall take place, on the
following day.
XIII. The poll shall behold inisuch place as shall be in' that behalf appointed
by the outgoing Municipal Council, who shall give at -least seven days' notiee
of the place of nomination and poll in each Ward by advertisement thereof, in
one or more newspapers published in the City.
The vote for Mayor shall be given in Yates street Ward and no other.
XIV. The outgoing Municipal Council shall appoint the Referring Officers
previous to any ensuing election.
The Returning Officer of Yates Street Ward shall on the day of nomination, at noon, nominate such persons as shall be put in1 nomination, in that behalf, by some duly qualified voter, as candidates for the office of Mayor, or
Municipal Councillor, as the case may be; a show of hands ^shall then take
place, and the Returning Officer shall thereupon declare which of the candidates has or have been elected by the show of hands.
Any candidate, or voter on his behalf, may thereupon demand a poll,
which shall be taken on the day of polling, and the Returning Officer shall,,
within twenty-four hours after the close of the poll, publicly declare the number polled for each- candidate, and who has or have been elected by the greatest
number of votes.
In case of a poll being demanded, the poll books'and lists of voters for each
Ward shall be supplied by the outgoing Municipal Council to the Returning
Officers.-
The polls shall be kept open between the hours of eight o'clock a. m.
and four o'clock p. m. The Returning Officers'shall immediately after the
declaration ofthe poll deliver to the Clerk of the Municipal Council the poll
books sealed; and such Clerk shall permit any reasonable inspection thereof by
any duly qualified voter, and if required, furnish a certified copy thereof, upon
payment of Twenty-five Cents per Hundred words. [
In the election of Mayor or Municipal Councillors, if there be an
equality of votes, the Returning Officer shall have a casting vote, to be given
at the time of the declaration of the poll.
All expenses attendant upon any •election under this Ordinance shall be borne
by the candidates in equal proportion; such expenses in any Ward shall not
exceed the sum of Fifty Dollars.
XV. The qualification of voters shall be as follows:
Being a Male of full age.
Having resided in the Colony of British Columbia for the three calendar
months next preceding the election at which he tenders his vote.
Being at the time of tendering his vote, rated on the Municipal Assessment*
Roll 30° victo;
38.
Victoria Municipal Ordinance.
^Rioll of the said City, and having paid all Assessments due up to the time of
voting.
XVI. The disqualification of Voters shall be as follows:
Being a Bankrupt, lusolvent Debtor, or Outlaw, or having been convicted of
Felony.
XVII. Every person tendering his vote at the election of a Mayor or Municipal Councillor shall before voting, if required by any duly qualified Voter
so to do, answer such of the following questions as shall be put to him.
1. Are you the same person whose name appears in the Municipal List of
1o
Disqualification of
voters.
-"^(Jteri may be questioned.
Voters for the City of Victoria as [A. B.]?
election for Mayor or Municipal
2. Have you already voted during this eJ
Councillors in this Ward?
3. Have you paid all Municipal Taxes due from you up to this date?
Any such person who shall untruly-.answer either ofthe above questions shall
be deemed to have been guilty of a misdemeanor, and be liable to be punished
as for perjury.
XVIII. At the nomination, or at any time before the close of the poll, any duly
qualified voter may require the oaths hereinafter mentioned to be administered
to any candidate.
If such candidate shall not be present, the Returning Officer shall forthwith
cause a notice to be left at the usual place of abode of such candidate calling upon
him to t!afee the oath hereinafter mentioned; and iu default of such candidate
taking such oath within twenty-four hours after the personal receipt of such requisition, or in default of such candidate taking such oath within five days, at
all events, all votes given for such candidate shall be null and void.
I, A. B.,do hereby swear, that 1 am a British Subject and that I am possessed of the property qualification required by and subject to none of the disqualifications mentioned in the "Victoria Municipal Ordinance, 1867," with respect
to a Municipal Councillor (or Mayor, as the case may be), and that the said
property is situated at
XIX. The Returning Officer, or Clerk of the Municipal Council, shall have
power at elections to administer the Oaths and put the questions required by this
Ordinance.
XX. The Clerk of the Municipal Council shall within three days after the
election or declaration of the Poll, file a certificate in the Supreme Court of
Civil Justice of the result of such election or poll.
XXI. The Returning Officers shall, before entering upOu their respective
duties, severally take the oath following, before some Justice of Peace of
British Columbia, or before three duly qualified "Voters:
I solemnly swear that I will faithfully fulfil the duties of my office without
fear or favor, and that I have not received, nor will receive, any bribe to influence my conduct.
XXII. Every person who shall have presented himself for nomination, and
who shall have been elected Mayor or Municipal Councillor, must serve, or in
default pay a sum of Two Hundred and Fifty Dollars towards the..Municipal
Revenue, such sum with costs to be recoverable by the said Clerk aforesaid,
summarily before any Justice of Peace aforesaid, and every Mayor and Municipal Councillor shall, within six days after election, and before taking his
seat, take the following oath, before some Judge of the Supreme Court of
Civil Justice of British Columbia, or before a Justice of Peace:
I am a British Subject, possessing the requisite property qualification, which
is (statement of qualification), and subject to none ofthe disqualifications mentioned in the "Victoria Municipal Ordinance, 1867," and have not, nor will
have while holding office, any interest directly or indirectly in any contract connected with the Corporation.
I have not, by myself, or any other person, knowingly employed any bribery,
corruption, or intimidation, to gain my election, and I will faithfully perform
the duties of my office, and will not allow any private interest to influence my
conduct in public matters.
Every member of the Municipal Council shall, before taking his seat at the
Municipal Council, produce a certificate from a Judge of the Supreme Court of
Civil Justice of British Columbia, or a Justice of Peace, stating that the necessary oaths have been taken by such member.
XXIII. In case ofthe death, bankruptcy, insolvency, resignation, or permanent
absence for the space of three consecutive calendar months from the City, of
the Mayor for the time being, or in case the Mayor shall decline to accept office
or neglect to take the necessary oaths, the Municipal Councillor who shall be
selected by the Municipal Council for that purpose, shall preside at the meetings of the Municipal Council, and shall have the same powers, duties, and
privileges, and be subject to the same liabilities and responsibilities which the
Mayor would have had, and been subject to, if presiding, until the next day of
election. In
Penalty for juntruth.
Administration of
oaths.
By whom administered.
Result of poll to be
filed in Supreme
Court.
Oath of Returning
officers.
Penalty of $250 on
elected Mayor or
Councillor not
serving:.
Oath to be taken by
Mayor and Councillors.
Provisions for non-
fulfilment of office
of Mayor j 80° YICTQRL3%3Rt. «8.
Victoria Municipal Ordinance.
of Councillors.
1o noi
JJ§c$ ej^tipi^f? Co un-
cillors.
Validity of elections
how to be tried.
Security, &c.
Coircil meetings
public.
Council when to be
suuiu.v ned.
Four a quorum.
Mayor or Chairman
a casting A*ole.
Notice of business
to be made \ ublic.
Notice of meeting to
be made public.
Provisions for default of meeting
being called after
due notice.
In case-of the-death, bankaaipfecy,!insolvency, resignation or permanent absence
aforesaid of any one or more of the Municipal Councillors, or in case of a Municipal Councillor filling such vacancy in the office of Major as ^ai&resaid, an
election of a Municipal Councillor or Councillors shall take place in the usual
manner to fill che vacant office or offices until the next annual election.
.XXIY- The Mayor or presiding ^Municipal Councillor shall ^ithin six days
from such vacancy, fix the day for the nomination and election of such new
Municipal Councillor or Councillors, and the nomination and polling shall be
held in manner, aforesaid.
XXV. The validity of all contested elections shall be tried before any Judge
ofthe said Supreme Court, in manner following: Any voter or candidate may
present a petition to the said Supreme Court, praying that the election of atoy
Mayor or Municipal Councillor may be avoided on either ofthe following grounds:
by reason of bribery, intimidation, or undue influence; by reason of such JVIayor
-Or Municipal Councill >r rot having obtained a majority of the votes ofthe duly
qualified electors; by reason of such Mayor or Municipal Councillor not pos-
-sessing the requisite property qualification, or being under some disqualification as aforesaid.
The petitioner shall in earn  case give such  security for costs as the Court
.shall direct,
aojjjhe order of the Judge on the said petition shall be final and conclusive, and
may contain all necessary directions for the holding new elections or otherwise
is may be requisite.
Such Judge may from time to time make rules for regulating the trial of such
petitions and the matters and things connected therewith.
XXVI. The Municipal Council shall hold its ordinary meetings openly, and no
person shall be excluded except for improper conduct. A special meeting may be
open or closed, as in the opinion of the-Muuicipal Council, expressed by resolution in writing, the public interests require.
XXVII. The Mayor (or in his default the Clerk of the Municipal Council)
shall, witiiin seven days from the day of election, summon the Municipal Council to meet on a day not more than fourteen days after the day of election, at
some place to be mentioned in such summons.
XXVIII. All Acts, whatsoever, authorized or required by virtue of this Ordinance, to be done by the Municipal Council, and all questions of adjournment,
and others that may come before the Municipal Council, may, save where otherwise expressed, be done and decided by the majority of the members of the
Municipal Council who shall be present at any meeting held in pursuance of
this Ordinance, the whole number of members present at such meeting not being
less than four; at such meeting the May or, if present, shall preside, and the Mavor
(or in the absence of the Mayor such Municipal Councillor as the members of
the Municipal Council then assembled shall choose to be the Chairman of that
meeting) shall have a casting vote in all cases of equality of votes; the minutes
ofthe proceedings of all such meetings shall be drawn up and fairly entered into
a book to be kept for that purpose, and shall be signed by the Mayor or Municipal
Councillor presiding at such meeting, and the said minutes shall be open to the
inspection of any person, who may make copies thereof and extracts therefrom at
all reasonable times, on payment each time of a fee of twenty-five cents.
XXIX. Previous to the introduction of any business at any meeting of the
Municipal Council, a notice in writing of any business proposed to be brought
forward -by any member, shall be publicly exhibited for twenty-lour hours previously to such meeting, in some public place to be agreed upon by the Municipal
Council.
XXX. Previous to any meeting of the Municipal Council, other than adjourned
meetings, a nptice of the time and place of such intended meeting shall be given
twenty-four hours at least before such meeting, by fixing a copy of the said
notice at the Municipal Council Chambers, and such notice shall be signed by the
Mayor, who shall have power to call a meeting of the Municipal Council as often
as he shall think proper.
XXXI. In case the Major shall refuse or neg^ct to call a meeting within
twenty-four hours after a requisition for that purpose, signed by three members of
the Municipal Council at the least,.shall have been presented to him, it shall be
lawful tor the said three members to call a meeting ofthe Municipal Council by
giving such notice as is hereinafter declared in that behalf, such notice to be
signed by the said three members, instead of the Mayor, and stating therein the
business proposed to be transacted at such meeting, and in every case a summons
to attend the Municipal Council, specifying the business proposed to be transacted at such meeting, signed by the Mayor or the members, as the case may be,
shall be left at the usual places of abode of every member of the Municipal
Council, or at the premises in respect of which he is placed on the Municipal
Assessment Roll, three clear days at least before such meeting, and no business
shall 30° VICTORIA, No. 38.
Victoria* Micnieipal Ordinance.
shall be transacted at such meeting other than the business which is specified
in the notice.
XXXII. The Municipal Council may, out of their own body, from time to time,
appoint such and so many Committees, and consisting of such members as they
may think fit, for any purposes which in the discretion ofthe Municipal Council
would be better regulated and managed by means of such Committees, but all
proceedings of such Committees shall be subject to the approval ofthe Municipal
Council.
XXXIII. The Municipal Council shall, on or before the first Monday in
January in each year, cause an estimate to be prepared ofthe expenditure required
and- proposed for the service of the ensuing year, and for the purpose of raising a
revenue to meet such expenditure, may thereafter by By-Law or By-Laws,
passed and confirmed as hereinafter provided, annually levy and assess a rate or
rates upon all owners of Real Estate in respect of such estate (including the
improvements thereon) within the City limits, not exceeding in any one year
the one-fourth of one per cent, on the market value thereof, and may also
annually levy and assess a rate or rates on
Persons carrying on any Trade or Business by wholesale, not
exceeding $20 per annum.
Persons carrying on any other Trade, Business, or Calling,
not exceeding §5 per annum.
The owners of all Dogs running at large, for each Dog,
not exceeding $2 per annum.
Persons keeping Horses for private use, for each Horse,
not exceeding §2.50 per annum.
XXXIV. The following Real Estate shall be exempted from all taxation
which may be imposed under this Ordinance, that is to say:
1. All Real Estate vested in or held in trust for Her Majesty or for the public uses of the Colony, or vested in or in trust for the Corporation, and either
occupied or unoccupied by some person in an official capacity.
2. All property vested in any person or body corporate in trust for or for the
use of any tribe or body of Indians.
3. Every place of Public Worship, Churchyard, Burying Ground, Public
School-house, Public Roadway, Square, Town or City Hall, G-aol, House of
Correction, Lock-up House, and Public Hospital, with the land absolutely requisite for the due enjoyment thereof.
XXXV. The Municipal Council shall have power to make By-Laws for any
ofthe following purposes:
1. The prevention and removal of nir'sances within the City.
2. The regulation ofthe traffic within the City, and for preventing immoderate
riding or driving.
3. To regulate the maintenance, repair, and construction ofthe highways, footpaths, public wharves and bridges, situated within the said City.
4. To provide for the inspection of all cattle, meats, poultry, fish, and vegetables, offered or exposed for sale, and to prevent the sale or exposure of diseased
or unwholesome food.
5. To accept, purchase, and hold such Real Estate as may be required for corporate purposes, and to erect such buildings thereon as may be requisite for cor-«
porate purposes.
6. To establish and regulate public markets.
7. To regulate and provide for the drainage and sewerage ofthe said City.
8. To make regulations with regard to the preservation of the said City and
the safety of individual houses from fire, and to regulate all matters affecting the
liability of the said City to fire.
9. To regulate the public lighting ofthe said City, and to regulate the public
lights in the said City.
10. To establish and maintain land marks in the said City.
11. To establish a general grade for the streets in the said City.
12. To regulate the sanitary condition of the said City.
13. To regulate the construction, cleansing, and disinfecting of drains, cesspools,
and privies.
14. To prevent indecent inscriptions or placards.
15. To prevent persons causing water, rubbish, or noxious, offensive, or unwholesome matter or substances to collect or accumulate on or in front of their
premises, and to prevent the deposit or throwing of broken glass, or other matters
or things dangerous to traffic, on the public highways or in open places.
16. To prevent and regulate shows and public exhibitions.
17. To appoint an Inspector of gas-meters.
18. To regulate the sale, storage, carriage, and disposal of gunpowder or any
other combustible matter in and through the said city, aud the working and in-
spettion of steam engines.
19. To accept, purchase, hold, sell, and dispose of land for public cemetries
beyond the City limits, and to provide for the regulation of cemetries.
20.
Sub-Committee may
be appointed.
Estimate for the
year to be prepared.
Rates leviable.
Certain estate exempt from Municipal taxation.
For what purposes
By-Laws may be
made.
. 68
VTFTTY
tffir'K
ID;
Victoria Municipal Ordinance.
Confers powers on
seven-tenths ofthe
owners to have property improved.
Notice to be given
thereof.
By-Laws when
operative.
By-Laws to be passed by at least three
Councillors.
Penalty for infraction of By-Law.
Provides for absence
of specific penalty
in By-Law.
20. To provide for taking, census of thelnhahitants ofthe Citj&.
21. To prevent cruelty to animals.
22. To kill dogs running at large.
23. To settle-height-of fences-and regulate division,fences:
24. To prevent the growth of weeds.
-25. To prevent destruction of trees.
2f0. To prevent destruction of sign-boards.
2#. To suppress houses of ill-feme.
28. To prevent and regulate horse racing.
29. To prevent and regulate public bathing.
30. To regulate the sale of animals.
31. To regulate hucksters,
32  To regulate vehicles exposing articles for sale.
33. To prevent and regulate slaughter houses
34. To prevent and regulate manufactories of combustible's and storage' of combustioHf
matter.
35. To regulate the construction of chimneys.
! 36. To regulate people at fires.
37.-'^o-regulate the erection of wooden' buildings notwithstanding any Act or Law
in that behalf in force in the Colony.
38. To give aid to charitable institutions.
39. To compel removal.of snow, ice, and dirt, and to provide for removal in case of
default.
40. To regulate the width of new streets. .
41. To establish and regulate Pounds.
XXXVI. If the owners of seven-tenths in value of lots in or abutting on any street"
or any portion thereof, in the City of Victoria, shall sign a requisition calling upon
the Municipal Council to grade, macadamise, pave., fence, drain, water, lights-
sweep, lay down side-walks or otherwise improve the said street or portion
thereof, or if the occupiers of seven-tenths of the lots abutting on any street or
portion of any. street, shall sign a requisition calKng upon the Municipal Council
to light, water, sweep or lay down side-walks in any sueh street or portion of
such street (as the case may be), the said Municipal Council shall be empowered
after giving in such manner as they alone shall deem expedient, not less than.
seven days notice of such intention to each of the owners or occupiers (as the case
may be) of the remaining three-tenths as shall not have signed the requisition, to
levy, assess, and collect, a rate (hot to exceed the amount to be estimated and.
mentioned in that behalf in such requisition) upon the owners or occupiers (as the
case may be) ofthe lots in and abutting on such street or portion of street, in
order to carry out such improvements, and may apply the rate when collected
according to the prayer of such requisition, the Municipal Council approving
such requisition in sueh manner as they may appoint by By-Law, and such By-
Law when finally passed by the Municipal Council shall become law*from the
date of such final passing, and shall be exempt from being referred to the
Governor for confirmation, disallowance-or other action as is hereinafter provided
in respect of other By-Laws.
Provided that previous to enforcing such By-Law the Municipal Council
shall give a further notice to such of the said owners or occupiers (as the
case may be), as shall not have signed the requisition, by affixing a notice under
the hand ofthe Clerk ofthe Municipal Council, to some conspicuous part ofthe
premises the owners or occupiers fas the case may be) whereof are' intended to
be affected thereby, or in lieu thereof the Municipal Council may advertize
the said By-Law in any newspaper published in the said City, for at least seven
days before the same shall be enforced, either of vhich mode of giving notice
shall be good aud sufficient notice to all persons and for all purposes whatsoever.
XXXVII. Every By-Law, other than those referred to in Section XXXVI. of this
Ordinance, passed by the Municipal Council, shall be reconsidered not less' than
three days, after the original passage, and if adopted by the Municipal Council,
and subsequently confirmed or left to its operation by the Governor, or confirmed by the Municipal Electors, as hereinafter provided, shall come into effect
and be binding on all persons after seven days from the publication of the same,
in some one or more.of the newspapers published in the City, unless otherwise
postponed in such By-Law.
XXXV11L Every By-Law other than those referred to m* Section XXX V1. of this
Ordinance shall be passed by the vote or resolution of at least three members
of the Municipal Council, and at a meeting where at least four members ofthe-
Municipal Council shall be present.
XXXIX. The penalty by which any By-Law may be sought to be enforced, may
be stated therein, and it" no penalty is therein mentioned, the breach of any By-
Law shall be punished in a summary way by a fine not exceeding Fifty Dollars,
or by imprisonment for any term not exceeding One Month, at the discretion of
any Justice or Justices of the Peace, having jurisdiction within the Municipality.
XL. In the event of any By-Law being passed wherein no specific penality
is inserted, or itf case a specific penalty is inserted, and no means ibr its recovery
specified, any Justice or Justices as aforesaid, may in case of a fine adjudge that
such offender shall pay the same either immediately, or within such period as the
said 30° VKSBBBI^, Xo. m
Victoria Municipal Ordinance.
teid' Jtastlee'OT Justices shall think fity and in case such sum of money shall nob
fee paid at the time so appointed, the1 same may be-levied by distress or sale ofi
the Goods and Chattels of* Uhe* offender, and' for* want of sufficient distress such
offender may be imprisoned as aforesaid, at the discretion of such Justice or Justices, in thej otmimon jail, for any term not exceeding One Month, the imprisonment to cease upon payment ofthe fine and costK
XLI. The Mayor shall be deemed one of the Municipal Council, and the Status of Mayor,
head and Chief Executive Officer of the Corporation, and shall, ex officio, be a
Justice, of the- Peace, and, have precedence over all Justices of Peace, and it shall
be his duty to cause the Law fbr the improvement ofthe City to be duly executed"
and put in force; to inspect the conduct of all subordinate officers in the government thereof, and as far as may be in his power, to cause all negligence, careless-,
ness, and positive violation of duty to be prosecuted and punished, and to communicate from, time to time to the Municipal Council all such information, and
recommend all such measures as. may tend to the improvement of the finances,
health, security, cleanliness, and comfort of the City; but the Mayor shall not
hold a separate Court apart from that of the ^pendiary Magistrate of the sairf
City.
XLII The jurisdiction ofthe Municipal Council shall be confined to the*
Municipality, except where authority beyond the same is expressly givenv
XLHL The Municipal Council may make regulations not specially provided
for in this Ordinance, and not contrary to the provisions hereof, and not contrary
to Law, for governing the proceedings of the Municipal Council and the conduct
o£its members;
Jurisdiction of
Municipal Council.
Municipal Council
may make regulations for govern- |
ment.
Expenses of Corporation how defrayed.
By-Laws to be transmitted to Governor
for confirmation.
Expenditure to be
voted .by at least.
four members.
XLIV. The Municipal Council may, by resolution passed in manner hereinafter provided, devote any portion of the Municipal Revenue not exceeding in
the course of the year one-third part, towards defraying the ordinary expenditure of the Corporation in the conduct of its general business, and by a resolution
passed as. aforesaid,, may devote the unappropriated portion ofthe said revenue,
and any accumulations of past revenue, to any of the purposes for which the Municipal Council is authorized to pass By-Laws.
1 XLV. A copy of every By-Law, othev than By-Laws created under any
of the provisions of Section XXXVI. of this Ordinance, shall be transmitted to
the Governor by the Clerk of the Municipal Council, within forty-eight hours,
after the final passage of the same, signed by the said Clerk, and countersigned
by the Mayor or presiding Municipal Councillor.
XLVI. Every resolution devoting any portion of the Municipal Funds to any
of the purposes aforesaid, shall be passed by the vote of at least four members present at a meeting where at least iive members shall be present, such resolution
snail be afterwards confirmed by a like vote at some meeting summoned after the
lapse of seven days from, and before the expiry of one calendar month at least
from the original meeting, and. summoned also for the specific purpose of confirni-
ing^the resolution.
XLVIL The Municipal Council, save as hereinafter mentioned, shall have
&& power to incur any persomn1 liability, or any liability beyond the Municipal
Bevenue for the current year.
XLVIII. The Municipal Council shall be a Court of Revision. The Court of
Revision, or the Presiding Member for the time being, shall have power to take
and enforce the production of evidence, and administer oaths at any sitting of such
Court, and in and upon any matter or thing coming within the purview of such
Court. The wilful infraction of any oath so administered shall be deemed amis-
demeanor, and infer the penalties of perjury.
XLIX. It shall be the duty of such;Court to try and determine all complaints Duties thereof.
with regard to assessments or omissions, and to make such order thereupon as
shall seem to them just, and every such order shall be final and the Assessment
Roll shall be amended, and every such amended amount enforced accordingly.
No power to incur
liability.
Court of Revision.
Powers thereof.
L. Tl$e Court of Revision shall give such notice of the time and place
for holding their sittings, and the periods during which appeals may be received
as in theirndiScretion shall seem, reasonable.
LI. The Municipal Council shall in each By-Law creating a tax or rate, fix a
specific day and place after the completion of the Assessment Roll for the payment of such tax or rate, and shall as soon as conveniently may^be, publish a1
notice of such time and place in. the Government Gazette, and one or more newspapers published or circulating in the. said City.
If such tax be not paid within Two Calendar Months after the specific day so
fixed for such payment as aforesaid, interest- after the rase of twelve per cent, per
annum on the amount so due in each case, shall attach and be payable from the
daymen default-that is to. say: from the day ofthe expiration, of. such Two Calendar
Notice of sittings to
be given.
Provisions for cat*
lecting Municipal
taxation.
When and what,m-
terest may be charg.
ed.
s       d 8
10° VICTORIA, Xo. 38.
Victoria Municipal Ordinance.
^>
Provisions for
of Real Estate.
>ale
Corporation may be
purchasers.
Hiffh Sheriff to con-
for taxes.
Surplus how applied.
dar Moriths^^nntrl'such tax' and interest and the costs thereon, including the cost
o^registratioii and inter est,* shall have been fully paid off and satisfied, and until so
paid off shall be a primary lien as hereinafter mentioned on the Real Estate in
respect of which the tax shall have been imposed.
- After the expiration of five years from such last mentioned day of default, it
shall be lawful for the High Sheriff or his Deputy in and for the district in which
the said City is situate, under a resolution of the Municipal Council, directing
such Sheriff in that behalf and after three calendar months notice of such intention in the Government Gazette and one or more public newspapers published or
circulating in the said City, to sell the Real Estate in respect of which such tax'
or rate has been imposed and default made, or such portion thereof as shall be
named in that behalf in such resolution, by Public Auction, with power to buy
in and rescind any contract for sale and to resell.
It shall be lawful for the Corporation at any such open  sale to become the
purchasers of any Real Estate so exposed to sale for default of payment of taxes.
Upon every such purchase the Corporation shall hold the Ileal Estate so
purchased by them at Public Auction as Corporate property.
At and after any and every such sale, the High Sheriff of British Columbia,
vey Real Estate sold or any his Deputy duly appointed in and for the district within which the said City
shall for the time being be situate, shall convey such Real Estate so sold to the
purchaser for all the estate and interest which the person upon whom the tax
or rate was imposed held therein at the time* of the imposition thereof.
The surplus (if any) of the proceeds arising from any and every such sale
after the payment of all arrears, interest, and costs, including the costs incurred
in and about such sale and conveyance, and a reasonable commission to the
Sheriff on the sale, to be fixed by resolution of the Municipal Council, shall be
forthwith paid into the Treasury of the Colony, to an account to be intituled
| Real Estate Municipal Tax Sales Account Lots (as the case may be)
Victoria/" and such moneys may be paid out by order of any Judge of the
Supreme Court of Civil Justice, to the person or persons in the opinion of such
Court entitled to receive the same.
Provided that it shall be lawlul for the Corporation under special circumstances, to extend the period at which any such sale on default shall take place
beyond the said five years after the day of default.
Provided also that in special cases of a charitable nature, such as prolonged
illness, extreme poverty, accident or the like, it shall be lawful for the Corporation to postpone or remit the payment of any rates or taxes as may to them
seem warranted by the peculiar hardship of each particular case brought before
them.
No informality shall vitiate any such sale or conveyance notwithstanding
any irregularity in any such sale of Real Estate for default or non-performance
of any condition precedent to such sale, (into which matters respectively no
purchaser shall be bound to enquire), the High Sheriff or Deputy Sheriff presiding at each such sale, shall convey to the purchaser an indefeasible title to
the Real Estate so purporting to be conveyed, and for all the Estate and interest
legal and equitable therein of the person who held the same at the time ofthe
imposition of the first rate or tax in arrear as aforesaid, and that free from all
incumbrances whatsoever.
Concurrently with the remedies given by this Ordinance for the collection of
Municipal taxes hereunder, the taxes payable by any person hereunder maybe
recovered, with interest after the rate of twelve per centum per annum, from
the day of default aforesaid, oh all such arrears of taxes and registration fees
until paid, together with costs, as a debt due to the Corporation, in a competent
Court in this Colony; and the production of a copy of so much of the Assessment
Roll as shall relate to the taxes payable by such person, purporting to be certified as a true copy by the Clerk of the Municipal Council, shall ho prima facie
evidence ofthe debt. The taxes and costs accrued or to accrue on any Real
Estate under this Ordinance, shall be a special lien on such land, having preference over any claim, lien, or incumbrance of any party except the Crown.
It shall be the duty of the Municipal Council yearly, and at least once in
every year, to register the said lieu in the books of any Land Registry Office
in the Colony, as a charge on such Real Estate, taking precedence as aforesaid.
The cost of such registration shall form pa it of the debt as a further advance
made on the day of registration, carrying the same rate of interest as the principal.
Upon the payment of such debt and costs, including the cost of registering
aud discharging the registration of such liability, the Municipal Council shall
order the registration of such charge to be discharged or satisfaction of the debt
to be registered.
L1I. All By-Laws other than those referred to in Section XXXVI. of this
Ordinance shall be subject to confirmation or disallowance by the Governor (or
the Officer for the time being administering the Government); provided, always,
that the Governor may, if he think fit, refer any By-Law, or portion of a By-
Law, to the Municipal vote, which shall be taken in the manner hereinafter
provided, and the result of such vote shall be final; provided further, that if such
confirmation
Corporation may extend term of sale,
and postpone payment.
Sales not "vitiated
by informality.
Taxes recovered before competent
Courts.
Liens on Real Estate
to be registered.
Cost ofthe same
how defrayed.
Registration how
discharged.
By-Laws to be allowed or disallowed
by Governor. 80° YICTOKDE, 2^ 88.
Vmtofia Municipal Ordinance.
confirmatio§t:or disallowance by the Governor be not signified to the Municipal
Councillor the Bjfol&w. be not referred tenthe Municipal vote within six weeks
after the passing ofthe By-Law then; jsiich By-Law. shall be left to its operation
and shall become law, and have the same force, and effect as.if it had beemduly
confirmed by the Governor as aforesaid.
LIII. Every By-Law other ithan thoseiueferred to in Section XXXVI. of this By-laws how to be
Ordinance, or portion of a By-Law, referred as aforesaid to the Municipal vote, confirmed by Muni-
shall -receive the confirmation of .the Municipal Electors in manner following:      i  cipal electors.
(a.) The Municipal Council shall, by public notice, fix the day, hour, and
place in Yates Street Ward for. taking the votes of the electors thereon, at every
place in the City at which the election of the members of the Municipal Council
is held, and shall also .name a sufficient number of Returning Officers to take the
votes at every such place, and such day shall not be less than seven nor more
than twenty-one days after the second passage by the Municipal Council, ofthe
proposed resolution.
| {b.) Every voter shall have a vote ei$ier confirming or negativing the said
By-Law, or portion of a By-Law, in each Ward where he has a vote for a Municipal Councilor.
(c.) The Municipal CJouneil>shall, for at least six clear days before the voting
day, publish a copy of such proposed By-Law, or portion of a By-Law, in some
©ewspaper published- within the Municipality, and also post up a copy thereof,
in at least one public place within each Ward.
id.') Appended to each copy so published and posted, shall be a notice, signed
by the Qjefrkj^f the Municipal Council, to the effect following:
Take notice, that the above is a true copy of the proposed By-Law, or portion of a ByrLaw, upon, which the vote of the Municipality will be taken at (place,
day, and hour of.^e^ay).
(e.) The poll shall be taken.on the question, ave, or no, whether the By-Law,
or portion of a By-Law, shall be confirmed, and the poll shall be kept open on
the day named, between 8 o'clock a. m., and -4 o'clock p.m.
(/.) Every Returning Officer shall, immediately after the closing ofthe pollsj,
return his poll book to the Clerk of the Municipal Council, sealed and verified, and a solemn declaration annexed, that^be poll book contains a true statement of the votes.
(g.) The Clerk of the Municipal Council shall unseal the poll book at the next
sitting, and in the presence of th£ Municipal Council add up the number" of votes
for and agamsi^the By-Law, or portion of a By-Law, and shall certify to the Municipal .Council under his hand whether the majority have approved or disapproved of the proposed By-Law or portion thereof, and shall keep the poll
books among the records of<his office.
L1V. In case any proposed By-Law, or portion of a By-Law, shall be negatived By-Law negatived
by the votes of the electors, no stfdh^By-Law, or portion of a By-Law, or one of a cannot be consider-
sim^ar nature shall be brought forward or considered, during the same Munici- ed in same year.
pal year.
LV. The poll books shall be open~tsrm"sp*ection on payment of a fee of twenty- p0u b00ks open to
five cents to the Clerk of the Municipal Council. inspection.
LVT. The 'Municipal Council shall be capable of holding Real"Estate^ and have Power of Council to
entire control of all Corporate property. hold Real Estate.
LVII. The Municipal Council shall upon such time or at such times as shall Assessment Roll
seem to them fit, prepare an Assessment Roll containing the names of every how to be prepared,
person liable to pay Municipal Taxes under the provisions of this Ordinance,
and defining the property, business, calling, matter or thing in respect of which
each person is so liable, and the said Municipal Council shall, by public advertisement for fourteen days in one or more of the newspapers published in the
said City, give notice of the completion of the said Roll, and of the place where
it maybe open for inspection, and all persons shall be permitted to inspect the
same at all reasonable times free of any charge whatsoever; and the said Municipal Council shall further notify each person liable to pay taxes of the amount
at which he is assessed, either by notice left at his usual place of abode, or
affixed to the premises.-in respect of which the tax is due, or by publication in
one or more of the newspapers published within the said City; and should any
person feel himself aggrieved at the amount at which he or any other person
may be assessed in the said Roll, he may within twenty-one days from the first
publication ofthe notice aforesaid, appeal to the Court of Revision aforesaid,
against such assessment.
LVIII. The Municipal Council may appoint such officers, not being a Magis- Council may appoint
trate or Police Officer, as may be absolutely required for the conduct of the Cor- proper officers,
porate business, and may pay the same out of the Corporate Revenue set apart
fbr the ordinary expenditure ofthe Corporation.
Provided that it shall be incumbent upon the Municipal Council to appoint a and a Clerk.
Qlea?k to such Municipal Council.
All officers shall, "however, give security, in such manner as the Municipal Officers to give
Council shall determine, for the due performance of their services. security.
LVH. The ao
SO- VICTORIA, Kb/88.
Victoria Municipal Ordinance.
Council to have a
Corporate Seal.
Power of Council to
lease Corporate
lands.
Acts done under
"Victoria Incorporation Act, 1862,"
cannot be called in
question.
Date of operation of
Ordinance.
Election of Mayor
and Councillors on
8th Nov., 18i7. to be
held under "Victoria  Incorporation
Act, 1862."
Short Titl
LIX. Thff*Gity of Victoria ^shali have a Corporate Seal, and the Municipal
Council shall enter into all contracts under the same Seal, which shall be affixed on
all contracts by virtue of an order ofthe Municipal Council,
LX. The Municipal Council may absolutely lease any of the Corporate
property fbr any term not exceeding fourteen years, receiving thereupon the
'test rent that can reasonably be obtained, and without taking any fine or
premium, or other money in the nature of a fine or fbregiit, provided always, that
every lease made by the Corporation shall be executed under the Corporate Seal,
and there shall be therein contained a proviso for the re-entry on non-payment
of the rent, or non-observance, or non-performance of any of the covenants and
provisos therein contained.
LXI. It shall not be competent for any person to call in question, before any
Court of Law or Equity in British Columbia, any act, matter, or thing Lena fide
done or made under the "Victoria Incorporation Act, 1862.';
'LXII. This Ordinance shall come into force on the 8th day of November
next, and the "Victoria Incorporation Act, 1862," shall on that day become null
and void, except that such repeal shall not affect or extend to the "Victoria City
Aid Ordinance, 1867," or the By-Law thereby confirmed, or to any moneys due
or accruing due, liabilities, or penalties incurred under the said Act, Ordinance or
By-Law, or either of them, but the same maybe recovered, enforced, and inflicted
respectively as if this Ordinance had not been passed.
LXUI. Provided, nevertheless, that the election of Mayor and Municipal Councillors, to be_ hold en on the 8th day of November, next, shall be held according
to the provisions ofthe said "Victoria Incorporation Act, 1862," save in this respect,
that the persons entitled to vote thereat shall be such persons as shall, at the time
of election, have paid all Municipal Rates and Taxes then due by them. Immediately upon such election taking place all the provisions of this Ordinance
shall be applicable to the Mayor aud Municipal Council, and shall govern their
proceedings in the same manner as if they had been elected under the general
provisions of this Ordinance.
LXIV. This Ordinance may be cited for all purposes as the "Victoria Municipal Ordinance, 1867."
Passed the Legislative Council the 1st day of April, A. D. 1867.
Charges Good, Arthur N". Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty1 s name, this 2nd day of April, 1867.
FREDERICK SEYMOUR,
Governor.
SCHEDULE TO " VICTORIA MUNICIPAL ORDINANCE, 186"
FIRST PART OF SCHEDULE.
City Boundaries.
Commencing from the point where the eastern boundary line of Constance Street
intersects with the shore line of Rock Bay, being the north-western corner of Lot 1364;
Thence following the southern shore line of Rock Bay south-easterly to the point
where it is intersected by the north boundary line of Pembroke Street;
Thence easterly along the north side of Pembroke Street, until it intersects the east
side of the Street running past the east side of Lot 19, Block 0, on the Official Map of
the City of Victoria;
Thence southeily along the east side of that Street to the Northern boundary line of
the Street running along five acre Lots 1. 6, 11, and 16;
Thence easterly along the northern boundary line of the said Street, to the southwestern corner of Lot 68, Spring Ridge;
Thence southerly along the eastern side ofthe Street bounding Lots 67, 52, 51, 36,
35, 23, and 22, Spring Ridge, to the northern boundary line of Lot 14, on Spring Ridge,
being the southern side of a continuation of Johnson Street;
Thence westerly along the northern boundary line ofthe said Lot 14, to the north-
we. tirn corner ofthe said Lot, being the north-eastern corner of Town Lot 1046;
Thence in a right line along the eastern boundaries of Town Lots 1046, 1056, 1066,
1076, 1086, 1096, 1106, and 1533, crossing successively Yates Stre-t, View Street, Fort
Street, Meares Street, and Beecher Street, to a point on the south side of Beecher Street,
being the north-east corner of Lot 1, in the Fairfield Estate;
Thence westerly along the northern boundary ofthe said Lot 1, to Cook Street;
Thence along the eastern side of Cook Street southerly crossing Richardson Street
and Labouchere Street, to the south-east corner of Pakington Street;
Thence along the south side of Pakington Street, to the south-eastern end of Vancouver Street;
Thence 30° VICTORLE, No.
Victoria Municipal Ordinance.
Thence southerly along the east boundary line of the Public Park to the Sea-shore,
at the south-east corner of Public Park;
Thence westerly along the sea-shore to the south-west corner ofthe Public Park;
Thence northerly along the west boundary line of tne Public Park, to the point
when the north side line of St. James Street intersects it;
Thence along the north side of St. James Street, to the south-west corner ofthe
Government Buildings Lot, to the point therein when the south boundary line of
Block 39 intersects it;
Thence westerly along the said south boundary line of Block 39, across Oswego
Street, and along south boundary lines of Blocks 40 and 42;
Thence southerly along the east side of Montreal Street, to the sea-shore;
Thence following the shore line (including all Wharfs, Jetties, and Buildings abutting on the said shore line), to the place of commencement.
SECOND PART OF SCHEDULE.
Johnson Stkeet Ward.
All that tract of Land lying between the northern boundary line of the City and
the centre ot Yates Street, and coloured yellow on the Plan hereunto annexed.
THIRD PART OF SCHEDULE.
Yates Street Ward.
All that tract of Land lying between the centre of Yates Street and the centre of
Fort Street, and coloured red on the Plan hereunto annexed.
FOURTH PART OF SCHEDULE.
James Bay Ward.
All that tract of Land lying between the southern boundary line ofthe City and
the centre of Fort Street, and coloured green on the Plan hereunto annexed, including
the Public Park.
KEW WESTMINSTER
fcfctOTEl) AT THE GOVBBNMENT PBINXXTO 0FHCB»  L. S.
BRITISH COLUMBIA.
ANNO TRICESIMO
VICTO
^i*********** ****************************
An Ordinance to amend and assimilate
the procedure of the County Courts in
all parts of the Colony of British Columbia.
[llth September, 1867.]
TTTHEREAS it is expedient to amend and assimilate the procedure of
"VY     the County Courts in all parts of the Colony of British Columbia;
Be it enacted by the Governor of British Columbia, with the advice
and consent of the Legislative Council thereof, as follows:
I. "The County Court Ordinance, 1866," and "The County Court
Jurisdiction Ordinance, 1866," of the Colony of British Columbia
before the Union, and "The District Court Act, 1866," of the former
Colony of Vancouver Island, are hereby repealed, and all Rules
and Orders of the Supreme Court of Civil Justice of the former Colony
of Vancouver Island and its Dependencies heretofore made, and relating
to the Inferior or Summary Court of Civil Justice of Vancouver Island,
are hereby repealed and discharged, save as hereinafter enacted; but
such repeal shall not be held to affect any rights acquired or liabilities
and penalties already incurred or accruing due under, or the remedies
prescribed by, such Act, Ordinance, Rules, and Orders, or any of them,
for enforcing such liabilities or penalties; but such remedies may still,
ffcr the purposes of such enforcement, but not further or otherwise, be
held to be available as if such Act and Ordinances, Rules and Orders
were still in force; and provided, also, that]such repeal and discharge
shall not cause to revive any Proclamation, Act, or Ordinance, Rule,
or Order repealed by the said Act and Ordinances, Rules or Orders
hereby repealed, or any of them.
II. So much of the following enactments of the Imperial Parliament
ofthe United Kingdom, viz: the 9° and 10° Victoria, chapter 95; 13°
and 14° Victoria, chapter 61; 14° and 15° Victoria, chapter 52; 15°
and 16° Victoria, chapter 54; and 19° and 20° Victoria, chapter 108, as
are applicable to this Colony, are hereby adopted and enacted as the
Law of this Colony, subject to the provisions hereinafter contained.
III. Notwithstanding anything in the said Imperial Statutes, or any
of them, contained, it shall be lawful for the Governor or Officer Administering the Government of British Columbia, by any writing under his
hand, to appoint any Stipendiary Magistrate or Justice of the Peace of
aud in the Colony to be County Court Judges, either for the whole
Colony or for such parts thereof as he shall from time to time in that
behalf direct or appoint.
IV. The amount recoverable before any County Court Judge of British
Columbia shall be any sum not exceeding Five Hundred Dollars.
V. A Summons may be made returnable in three days from the service thereof, by leave of the Court, upon affidavit or other proof upon
oath satisfactory to any County Court Judge that the party about to be
summoned is about to abscond, or defraud, or delay payment of a debt
due to any of his creditors.
VI. In addition to the service by the proper Officer of the Court, the
service of a Summons by any person, whether interested or not in the
suit, if specially authorized in writing by the County Court Judge in
that behalf, shall be deemed a good service.
VII. it shall be lawful for the Judge of any County Court, upon the
esc parte application ofthe Judgment Creditor, and upon affidavit of him-
aelf or others stating that judgment has been recovered and is still unsatisfied,
Preamble.
Repeals former Acts,
saving previously
acquired rights and
penalties incurred.
Brings in force certain Imperial Acts;'
Governor may appoint County Court
Judges.,
Jurisdiction not exceeding $500.
Summons returnable in three days.
Court may authorize
any one to serve
summons.
Garnishee. 30° VICTORIA, No. 39.
County Court Ordinance.
Appeal on point of
law to Supreme
Court.
Judge of Supreme
Court may act as
County Court Judge.
Questions of fact
may be tried by
Jury.
TjiTrit of Capias may
be issued on security
being given.
Clerk of Court.
High Bailiff.
Judge of Supreme
Court to make Rules
of County Court.
Merger.
Fees paid into Treasury.
Short Title.
satisfied, and to what amount, and that any other person is indebted td{
the Judgment Debtor, and is within the jurisdiction, to order that all
debts owing or accruing from such third person to the Judgment Debtor
shall be attached to answer the judgment debt; and such third person
or garnishee mafp, by the same p?der, be required to appear before the
Judge ofthe Court to shew cause* why he should not pay the Judgment
Creditor the amount due by him to the Judgment Debtor, or so much
thereof as may be sufficient to satisfy the judgment debt
VIII. If either party, in any cause of the amount to which jurisdiction
is given to the County Court Judges under this Ordinance shay be dissatisfied with the determination or direction of any such Judge in point
of law, or upon the admission or rejection of any evidence, such party
may appeal from the same, to the Supreme Court of CivM Justice of British*
Columbia; and it shall be lawful for any Judge ofthe Supreme Court of
Civil Justice of British Columbia to hear and determine all such appeals.
Provided, always, that such Supreme Court shall be held in Vancouver Island to hear and determine Appeals on cases brought in any
County Court in the said Vancouver Island.
It shall be lawful for the Judge ofthe County Court, in the event of
an appeal, to make such order as to security for debt or costs as he may
see fit.
IX. Any Judge ofthe Supreme Court of Civil Justice may, if he shall
think fit, act as Judge of the County Court of, or any County Court in,
British Columbia, and shall have power to sit either with or without the
Judge of such Court or concurrently with him, and dispose of the Business from time to time pending in any such County Court.
X. The County Court Judge may, upon being satisfied that only questions of fact are at issue, order a cause to be tried by a Jury in the first
instance.
XI. Any County Court Judge of British Columhia shall have and be possessed of the same powers as are now possessed and exercised by any Judge of the
Supreme Court of Civil Justice of British Columbia, in respect of the issue of a
Writ of Capias ad respondendum, and such County Court Judge may, at his
discretion, grant such Writ under the Seal of his Court, and on application, at
his discretion, discharge the same; and it shall be lawful for such Judge, when-
ever he shall think fit, to require Security to he given by the Plantiff, to the
satisfaction of such Judge, to pay to the Defendant the Costs and Damages consequent on Arrest under such Order, should the Plaintiff have obtained such
Order without reasonable and probable cause.
\ XII. The duties of the Clerk, of the Court shall be performed by the County
Court Judge himself, or by some one appointed by him.
XIII. The duties of the High Bailiff, other than the exceptional service of
documents hereinbefore otherwise provided for, shall be performed by the
High Sheriff of British Columbia, or by any Deputy Sheriff thereof.
XIV. The Judge or Judges ofthe Supreme Court of Civil Justice of British
Columbia shall from time to time frame, alter, revoke, or re-establish Rules and
Orders for the Procedure and Practice of the said County Courts; and also
regulate the scale of Fees to be taken in such Courts; which Rules, Orders, and
Regulations shall be of fail force when confirmed by the Governor or Officer
Administering the Government of British Columbia; and in the meantime, and
until the making and confirmation of any such Rules, Orders, and Regulations,
the practice in such Courts, and the fees to be taken therein, shall in all things
as nearly as may be conform to the practice, fees, and other matters as established in and regulating County Courts in England in A. D. 1858.
XV. If any County Court having, or having exercised, Jurisdiction over
Small Debts now, or hereafter lawfully established, shall be merged in any other
Court or in the County Court of any other District or denomination in the Colony, it shall be lawful for the Court acquiring jurisdiction to entertain and determine all plaints and other proceedings whatsoever lawfully commenced in the
Court which shall be so merged, in the same manner in all respects as if such
plaints or other proceedings had originally been commenced in the Court acquiring such new or extended or additional jurisdiction.
XVI. All Fees under this Ordinance, other than office copies and Sheriff's
fees, shall from time to time be paid into the Treasury, to the use of Her
Majesty, Her Heirs and Successors.
XVII. This Ordinance may be cited for all purposes as "The County Court
Ordinance, 1867."
Passed the Legislative CouncU the 2nd day of April, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty*s name, this 17th day of September, 1867."
FREDERICK SEYMOUR,
  ~\jloverfidr.
NEW WESTMINSTER: PRINTED AT THE GOVERNMENT PRINTING OFFICE. L. S.
BRITISH COLUMBIA.
ANNO TRICESIMO
VICTORIA    REGINJG
****************************************
NO. 40.
An Ordinance to provide for the settlement of all outstanding questions relating to the Sale of Land for Taxes
in Vancouver Island.
IVJth December, 1867.]
WHEREAS the Real Estate Tax Acts of the years 1860 and 1862 of Preamble,
the lately separate Colony of Vancouver Island and its Dependencies have been repealed;
And whereas in presumed compliance with the provisions of the
said Real Estate Tax Acts certain sales of Land for and in
respect of the non-payment of Taxes under the said Acts have been
from time to time made, which said sales have not as yet been fully
completed; and whereas doubts have arisen as to the legality of these
sales, and the conditions precedent to the offering of such Lands for sale,
which were and ought to have been done, performed, and fulfilled by
the Sheriff of the late Colony of Vancouver Island, in respect thereof;
and whereas it is expedient that such Lands should be redeemed in the
interest of the persons originally owning the same, upon reasonable
compensation being made to the supposed purchasers of the same or any
portion thereof at such forced sales;
Be it enacted by the Governor of British Columbia, with the advice
and consent of the Legislative Council thereof, as follows:
I. All and all manner of Land sales heretofore made or contracted to be -^and Tax Sales null
made for or in respect ofthe non-payment ot Taxes under the said Real and void*
Estate Tax Acts and each and every of them are hereby set aside and
declared to be null and void.
II. The Treasurer of this Colony, or such other person as may be ap- Purchas
e money
pointed in that behalf by the Governor, shall repay to all purchasers of ^c^aMe °W
Land at such Land sales as aforesaid, on application and on due proof of
identity and the fact of purchase, their respective purchase money, together with Interest on the same at the rate of Twenty-four per centum
per annum, from the time of the payment of such purchase money respectively, until repayment.
III. The sums repaid by the Treasurer or such other person as afore- Sums so paid a
said, and all arrears of Taxes for Land under the provisions of the Real charge on the Real
Estate Tax Acts of the said Colony of Vancouver Island and its De- Estate-
pendencies, shall be charged on the Real Estate in respect of which
such sums were  paid,  or  such Taxes were and are  due,  and the
Treasurer   or other person as   aforesaid   is   hereby authorized and
required to enter such sum as charges with the Registrar of Titles
to Real Estate in Vancouver Island, by giving him notice thereof,
which notice may be in the Form 1, in the Schedule to this Ordinance
annexed, and thereupon such charges shall be registered in the same Charge how to be
way as other charges affecting Real Estate. registere .
IV. The sums and Taxes so due and so registered as charges as afore- To form primary
said, shall be primary charges on the Real Estate in respect of which charge ontheBstate.
the same are due, and shall take precedence of all charges not due or
chargeable in favour of the Crown, and such charges may be levied by
way of distress or sued for by the Crown, and recovered from the owner
for 30° VICTORIA, No. 40.
Tax Sale Hepeal Ordinance.
Tax Lists to be published.
for the time being of the Land in respect of which such sums and Taxes
shall be charged, or the occupier of such Lands, as to the Crown shall
seem fit.
V. It shall be lawful for the Governor at any time and from time to
time hereafter, to cause a List to be made out of Taxes and sums due
and chargeable on Real Estate in respect of the said Real Estate Tax
Acts or of this Ordinance, and cause the same to be published in the
Government Gazette of the Colony, once a month, in three successive
months, and after the lapse of three months from the first publication
thereof, the Governor may, unless the sum and Taxes due in respect of
Lands shall be duly paid and satisfied, order the Lands in respect of
which such sums and Taxes are due and payable as aforesaid, to be
entered on by the Crown, and thereupon the same may be respectively
entered on for and on behalf of the Crown, and such right of entry shall
be thereupon registered with the said Registrar of Titles, by notice,
which notice may be in the Form 2, in the said Schedule.
Property to become ^-- ^n due registration of such last mentioned notice, the Real
demesne Lands of Estate in respect of which such entry is made or deemed to be made
the Crown. shall be held to have passed by operation of Law into the possession of
the Crown, as demesne Lands of the Crown, and thereupon all other
persons shall be deemed to be lawfully dispossessed of their Title thereto,
and the Crown may thereupon enter upon sueh Lands and hold the
same until all Taxes and sums due shall be repaid Out of the profits and
proceeds thereof, and after full repayment thereof may reconvey such
Real Estate by reconveyance, which may be in the Form 3, in the said
Schedule.
When Land can be
sold.
VTI. In case the sum and Taxes due in -respect of any Real Estate
shall not be fully paid and satisfied out of any profits or proceeds
thereof, within two years from the date of notice of entry with the
Registrar of Titles as aforesaid, the Governor may, after notice
published in the Government Gazette of the Colony, once a month, in
six successive months, and after the lapse of six months from the first
publication thereof, cause such Real Estate to be offered for Sale by
Public Auction, and the same shall be sold, not by way of undivided
shares, but the whole in one or more Lots.
VIII. After such Sale a conveyance shall be given, which may be in
the Form 4, in the said Schedule, and the proceeds of such Sale shall be
held by the Crown for the owner thereof, subject to deduction in respect
of Taxes and sums due to the Crown. In such conveyance as last
aforesaid, the Crown shall be deemed to have good Title to convey, and
such Real Estate shall be held to be vested in the Crown for the purpose
of such reconveyance, and no purchaser shall be bound to see to the
application of any purchase money in respect of such Sale; nor shall
any such Sale be liable to be set aside in favour of the real owner, but
such owner shall have recourse only to the proceeds of the purchase
money by application to the Crown.
IX. In the construction of this Ordinance the words "the Crown"
shall be held to mean Her Majesty the Queen, Her Heirs and Successors;
the word " Governor" shall be held to mean the Governor of this Colony
for the time being, or other the Officer administering the Government
of this Colony for the time being; and whenever in this Ordinance in
describing or referring to any person or party, matter or thing, any
word importing the masculine gender or singular number is used, the
same shall be understood to include and shall be applicable to several
persons and parties as well as one person or party, and females as well
as males, and bodies corporate as well as individuals, and several matters
and things as well as one matter or thing, unless it otherwise be
provided or there be something in the subject or context repugnant to
such construction.
X. This Ordinance may be cited for all purposes as " The Tax Sale
Repeal Ordinance, 1867."
Passed the Legislative Council the 2nd day of April, A. D. 1867.
Charles Good, Arthur N. Birch,
Clerk. Presiding Member.
Assented to, in Her Majesty's name, this 17th day of December, 1867.
FREDERICK SEYMOUR,
Governor.
Schedule 30° VICTORLE, No. 40.
Tax Sale Repeal Ordinance.
SCHEDULE.
Form 1.
Tax Sale Repeal Ordinance, 1867.
Description of Land.
given.
Dated the
Owner, or supposed owner,
and description.
Amount due to the Crown by way
of taxes, or sum paid, with dates
and particulars.
The above charges are required to be registered according to the particulars here
day of 186   . (Signed)    , Treasurer.
Form 2
Tax Sale Repeal Ordinance, 1867.
Description of Land.
Owner, or supposed owner,
and description.
Amount due to the Crown by way
of taxes, or sum paid, with dates
and particulars.
Notice is hereby given that the Crown claims right of entry into the lands above described, and such right of entry is hereby required to be registered.
The
day of
186
By order, (Signed)
Form 3.
Tax Sale Repeal Ordinance, 1867.
This Indenture made the day of , 18     , Between Her Most Gracious
Majesty the Queen of the one part and of the other part.   Whereas
entry by the Crown into the land and hereditaments hereinafter described hath been
heretofore made for the purpose of recovery of certain sums and taxes due under the
"Real Estate Tax Act, 1862." and "The Tax Sale Repeal Ordinance, 1867," which
said sums and taxes are now fully paid and discharged. This Indenture witnesseth that
Her said Most Gracious Majesty doth hereby grant and convey to
heirs and assigns (or otherwise according to the requirements ofthe case) All that
(describe the land reconveyed), together with (add such general words as are applicable), and all the estate right and title ofthe Crown thereto, To have and to hold the
said lands and hereditaments hereby granted and conveyed unto the said
heirs and assigns (or otherwise according to the requirements ofthe case)
to the use ofthe said heirs and assigns (or otherwise as before),
free and discharged of and from all sums and taxes due under the Real Estate Tax Act
and Tax Sale Repeal Ordinance, above referred to.
For the Crown, [l.s.]
(insert signature and description of officer executing.)
Form 4.
Tax Sale Repeal Ordinance, 1867.
This Indenture made the day of *18    , Between Her Most Gracious
Majesty the Queen of the one part, and of the other part.    Witnesseth
that in pursuance of the powers and authorities conferred by "The Tax Sale Repeal
Ordinance, 1867," and in consideration ofthe sum of $ heretofore paid by
the said \ to and for the use of Her said Majesty the Queen, Her Heirs
and Successors, as the consideration money for the purchase of the land and hereditaments hereinafter particularly described, Her said Most Gracious Majesty doth
hereby grant and convey to heirs and assigns (or otherwise according
to the requirements of the case), All that (describe parcels), together with (add such
general words as are applicable), and all the estate right, title, and title ofthe Crown
thereto, To Have and to Hold the said land and hereditaments hereby granted and conveyed unto the said heirs (and assigns or otherwise as before), to the
use of the said                              heirs and assigns (or otherwise as before).
For the Crown, .  [l.s.]
(insert signature and description of Officer executing.)
NEW WESTMINSTER:
PRINTED AT THE  GOVERNMENT PRINTING  OFFICE. 

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