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The land laws of British Columbia : together with Land Office forms & regulations. 1873 1873

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Array   *«   V
THE LANfr LAWS
OF
BRITISH COLUMBIA:
TOGETHER WITH
LAND OFFICE FORMS & REGULATIONS.
1873.
1
VICTORIA, B. C.:
PRINTED BY RICHARD WOWENDEN, GOVERNMENT PRINTER
1873.  r
CONTENTS.
LAND LAWS. page.
The Land Ordinance, 1870  1    1
The Land Ordinance Amendment Act, 1872     16
The Land Ordinance. Amendment Act, 1873     18
ORDERS IN COUNCIL.
. Railway Reserve of strip of land 20 miles wide between Sey-
mous Narrows and Esquimalt  27
Fixing price of Unsurveyed and Unoccnpied Land  27
Fixing price of Mineral Land   28
Enabling .Pre-emptors in error to complete purchase  28
Enabling Pre-emptors of Prairie Land to locate 20 acres of
Timbered Land   29
Setting apart certain lands for Free Grants ....-  29
Regulations respecting the acquisition of Free Grants  30
APPENDIX.
Land Office Forms and Regulations.
Form of application for permission to pre-enipt  35
,,      application for Government Survey     35
,,      notice of application for Lease  36
,,      notice of application to record a 20 acre Timbered Lot 37
,,      application.to record a 20 acre Timbered Lot   37
Regslations to be observed by persons desirous of purchasing
Unsurveyed Lands  38
Form of notice of application to purchase Unsurveyed Lands... 40
i,      application to purchase Unsurveyed Lands  41  No. 18.
An Ordinance to amend and consolidate   a.d. 1870.
the   Laws   affecting  Grown  Lands  in [AmenfadbyNo.
British Columbia. %°£}iofmt\
[Assented to 1st June, 1870.]
WHEREAS it is expedient to amend and consoli- Preamble,
date the Laws affecting Crown Lands in British
Columbia:
Be it enacted by the Governor of British Columbia,
with the advice and consent of the Legislative Council
thereof, as follows:—
1. In the construction and for the purposes of this interpretation.
Ordinance (if not inconsistent with the context or
subject matter)  the following terms shall have the
respective meanings hereinafter assigned to them:—
"The [Governor"2  shall mean the Governor of[AmendedbySee.
British Columbia, or any person for the time *-.^-4ct N°- * "f
being lawfully exercising the authority of a        •'
Governor of British Columbia.
"Chief Commissioner ot Lands and Works and
Surveyor-General" shall mean and include the
Chief Commissioner of Lands and Works and
Surveyor-General, and any person for the time
being lawfully acting in that capacity.
"Commissioner" shall mean the Chief Commisr
sioner of Lands and Works and Surveyor-
General of this Colony, or the person acting as
such for the time being, and shall include
every Stipendiary Magistrate for the time being
in charge of any District, and every person duly
authorized by the Governor to act as and for
the Chief Commissioner of Lands and Works
and Surveyor-General, as Assistant Commis-
A e
2 Land Ordinance, 1870.
A.D. 1870. sioner of Lands and Works in any District in
*""" which the land" that may be referred to lies,
other than that in which the chief office of the
Lands and Works Department is situated, and
any other District or Districts for which no
such Assistant Commissioner of Lands and
Works as aforesaid Has been appointed.
"Supreme Court" shall mean the Supreme Court
of British Columbia.
" The Crown.' shall mean Her Majesty, Her heirs
and successors.
"Grown Lands"   shall   mean all lands of this
Colony held by the Crown in fee simple.
" Act" shall mean any. Proclamation or Ordirranc
having the force of law in this Colony.
Words importing the singular number shall include
more persons, parties, or things than one, and
the converse.
Repoais former      2. The following Acts, Ordinances, and Pfoclarqa-
Acts. tions relating to the disposal and regulation of the
Crown Lands of the Colony are hereby repealed:—
An Act dated February 14th, 1859.
An Act dated January 4th, 1860.
An Act dated January 20th, 1860.
The " Pre-emption Amendment Act, 1861,"
The " Country Land Act, 1861.'"^
The " Pre-emption Purchase Act, 1861."
The " Pre-emption Consolidation Act, 1861."
The "Mining District Act, 1863."
The "Land Ordinance, 1865."
The "Pre-emption Ordinance, 1866."
The " Pre-emption Payment Ordinance, 1869." and
The " Vancouver Island Land Proclomation, 1862."
feting existing      But such repeal shall not prejudice or affect any
rights, rights acquired or payments due, or forfeitures or
penalties incurred prior to the passing of this Ordinance, in respect of any land in this Colony.
Psb-bmptior.
Who mav pro- 3* From and after the date of the proclamation in
empt as Jf right, this Colony of Her Majesty's assent to this Ordinance,
any male person being a British subject, of the age
0f eighteen years or over, may acquire the right to
pre-empt any tract of unoccupied, unsurveyed, and
unreserved Crown Lands (not being an Indian settle- Land Ordinance, 1870. 3
mont) not exceeding three hundred and twenty acres    A.D. 1870.
in extent in that portion* of the Colony situate to the Tr„„ "   T
-■-   i _      „    .     . _, J       _ _,       ,- How much,
northward and eastward of the Cascade or Coast
Range of Mountains, and one hundred and Sixty
acres in extent in the rest of the Colony. Provided,
that suelv right of pre-emption shall not be held to
extend to any of the Aborigines of this Continent,
except to such as shall have obtained the Governor's
special permission in writing to that effect. [See
Section 2 of Act No. 1 of 1873.]
4. Any chartered  or  incorporated   company may and who by spe-
acquire such right by obtaining a special permission cia' permission.
in writing from the Governor to that effect, but not
otherwise ;   and the Governor may grant or refuse
such permission at his discretion.
[Pre-emption by partners, see Section 15 of Act No. 1
of 1873.]
5. Any person desiring to pre-empt as aforesaid, Application to
shall first apply to and obtain from theOommissionerlocate.
permission in writing to enter upon such land, which
must be fully described in writing by the. applicant,
and a plan thereof must be deposited with the Commissioner ; and such description and plan shall be in
duplicate.   [Seeform of application, Appendix.]
6. After such permission has been obtained, and Entry and appli-
within such time, not exceeding thirty days there- cation to reeord. •.
after, as shall be specified by the Commissioner in
such permission, such person shall enter into possession of the.land so described, and place at each
corner thereof a post marked with his name, or other
distinguishing sign, and thereupon shall apply in
writing to the said Commissioner to have his claim
recorded to such tract of land, not exceeding three
hundred and twenty acres, or one hundred and sixty
acres, as the case may be, as hereinbefore provided.
7. If Such land has not been previously recorded, pre-emption
the Commissioner shall, upon the fulfilment by the record.
applicant  of the preceding requirements,  and upon
payment by him of a fee of two dollars, record such
land in his favour as.a pre emption claim, and give
him a certificate of such pre-emption record, in the
Form A in the Schedule hereto;    and such record Form A. [cain.be
shall be made by the Commissioner in triplicate, the obtained of tlie
original to be handed to the pre-emptor, a duplicate -'*??!<*! ^f^f-,
l   i        . •     j i    »i    n       ... tii     j. of the District. ]
\o be retained by the Commissioner for local reference, * Land Ordinance, 1870.
A.D. 1870. and the triplicate to be forwarded forthwith to the
head office of the Lands and Works Department, to
be there examined, and if found in all respects (or if
necessary after having been amended by the Chief
Commissioner of Lands and Works and Surveyor-
General so as to be) in accordance with the provisions
of this Ordinance, to be finally registered in the Land
Office Pre-emption Register.
Rectangular 8. Every piece of laud sought to be acquired as a
shape of claim, pre-emption claim under the provisions of this Ordinance shall, save as hereinafter excepted, be of a
rectangular shape, and the shortest line thereof shall
be at least two-thirds of the length of the longest
line. Such lines shall run as nearly as possible north
and south, and east and west. [Section 4 of Act No.
1 of 1873, defines the length of boundary lines in yards."]
Naturalbounda-     9. Where such land is in whole or in part bounded
rieB" by any mountain, rock, lake, river, swamp, or other
natural boundary, or by any public highway, or by
any -pre-empted or surveyed land, such natural
boundary, public highway, .pre-empted or surveyed
land, may be adopted as the boundary of such land;
and it shall be sufficient for the claimant to shew to
the Commissioner that the form of the land conforms
as nearly as circumstances permit to the provisions
of this Ordinance.
[See Section 5 of Act No. 1 of 1873, as to marking
boundaries of claims.']
10. The Chief Commissioner of Lands and Works
and Surveyor-General may, however, in carrying out
any Government Survey, if in his opinion circumstances require it, survey pre-emption claims or
purchased lands recorded previous to the date of this
Ordinance, by such metes and bounds as he may
think proper ; and every survey so made and certified
by him in writing shall be binding upon all parties
affected thereby ; and the survey so certified shall be
deemed in any Court of this Colony to have been done
in compliance with the provisions of this Ordinance.
11. A pre-emptor sball be entitled to receive from
the Commissioner a certificate, to be called a "Certificate of Improvement," in the Form B in the Schedule hereto, upon his proving to the Commissioner,
by the declarations in writing of himself and two other
persons,, that he has been in occupation of his pre*
Rectification of
survey.
Certificate of
improvement.
Form B. [can be
obtained oftJie
Land Recorder
of the District ]
y Ii
Land Ordinance, 1870. 5
emption claim from the date of the record thereof, , A.D. 1870.
and has made .permanent improvements thereon, to
the value of two dollars and fifty cents per acre.
Such certificate shall be in triplicate, tbe original to
be handed to the pre-emptor, the duplicate retained
by the Commissioner for local reference, and the
triplicate transmitted forthwith to tre head office of
the Lands and Works Department; and it shall be
the duty of the Commissioner to note the issue of
such certificate on the original pre-emption record,
which must be produced to him at the time of applying for the certificate by the pre-emptor, and on the
| duplicate .thereof retained in the Commissioner's
office.
12. Every such declaration shall be subscribed by Declaration,
the person making the same, and shall be filed with
the Commissioner, who is  hereby fully authorized
and empowered to take the same ; and such declara-
. tion shall be in the Form C in the Schedule, and shall Form C. [can.be
be made before such Commissioner, under and s^. obtained of the
. .. , ... /.,.       ,, r\   ,i    Land Mecoraer
ject to the provisions and penalties ot the "Oaths ofthe District.]
Ordinance, 1869."
13. After the grant of the  certificate  of improve- Right may be
ment, but not before,  the pre-emption right in the translerre.d-
land referred to in such certificate may be transferred
to any person entitled to hold a pre-emption claim
under this Ordinance, subject, however, to the continuance of all the provisions of this Ordinance as to ■
occupation,   forfeiture,   and   payment   of   purchase
money due or to become due to the Crown,
[Section 6 of Act No. 1, 1873, provides for issue of
Crown Grant after Certificate of improvements obtained.]
14. Every such transfer must be made in  writing, Mode of transfer,
signed by the person making the same, or his attorney
in fact, in the Form D. in the Schedule, or in  words Form D. [canbe
to that effect, and in the presence of the Commissioner, obtained of trie
and if not so made shall be void ; and  such   transfer jf-?^ LHstrid\
shall be in triplicate, the original to be retained by
the person in whose favour the transfer is made, the
duplicate to be retained as a  record in the  office of
the Commissioner, and the triplicate forwarded forthwith to be registered in the head office of the Lands
and Works.    Upon the examination of such   transfer
in the manner and form so prescribed, and on payment of the fee of two  dollars,   the  Commissioner
shall cancel the previous record of such pre-emption
I r
Land Ordinance, 1870.
A.D. 1870. right, and record the same anew, in the manner pre-
* scribed in Section 7, in the name of the person in favor
of whom such transfer shall have been'made, subject
to the completion of the period of occupation required
by this Ordinance, and to all other the terms and
conditions thereof.
Cessation of oc- 15. Whenever any pre-emptor shall permanently
cupationcancels' Ccase to o.ccupj his pre-emption claim, save as hereinafter provided, the Commissioner may in a summary way, upon'being satisfied of such permanent
cessation of occupation, cancel the claim of the pre-
emptor so permanently ceasing to occupy the same,
and all deposits paid, and all improvements and
buildings made and erected on such land, shall be
absolutely forfeited to the Crown, and the said
land shall be open to pre-emption and may be recorded anew by the Commissioner as a pre-emption claim,
in the name of any person satisfying the requirements
in that behalf of this Ordinance.
Meaning of 16. The occupation herein required, shall mean a
occupation. continuous bona fide personal residence of the pre-
emptor oh his pre-emption claim. Provided, however,
that the requirement of such personal occupation
shall cease and determine after a period of four years
of such continuous occupation shall have been fulfilled.
[See Section 2 of Act No. I, 1876, as to meaning of the
word " occupation." See Section 6 of Act No. 1, 1873,
as to cessation of occupation after issue of Grown Grant."]
Leave of absence 17. Every holder of a pre-emption claim shall be
for two months, entitled to be absent from his claim for any one period
not exceeding two months during any one year. As
an ordinary rule he shall be deemed to have permanently ceased to occupy his claim when he shall have
been absent, continuously, for a longer period than
• two months, unless leave of absence have been granted by the Commissioner as herein provided.
Special leave for
four months.
Form E. [can bt
obtained (jf the
Land Recorder
of the District.]
18. If any pre-emptor shall show good cause to the
satisfaction of the Commissioner, such Commissioner
may grant to the said pre-emptor leave of absence for
any period qf time, not exceeding four month's in any
one year, inclusive of the two months' absence from
his claim, provided for in Clause 17. Such leave of
absence shall be in the Form E. in the Schedule
hereto, and shall be made out in duplicate, the
original to be handed to the pre-emptor,   and  the
L Land Ordinance, 1870. 7
duplicate to be retained of record in the office of the    A.D. 1870.
Commissioner.
19. If any pre-emptor shall show good cause to the Licence to sub-
satisfaction of the Commissioner, he may grant him a stitute.
" Licence to Substitute," for any period not exceeding six calendar months, in the Form F. in the Sche- FormF. [canbe
dulc hereto, in duplicate, the original to be handed obtained of the
. Land RecorcLer
to the pre-emptor, and the duplicate to be retained of 0f the District.]
record in the office of the Commissioner. The continuous personal residence of the person named in
such licence (such person not being or becoming
subsequently to the date of the-licence a claimant of
land under any Law or Proclamation regulating the
pre-emption of land within the Colony) shall, during
the continuance of the licence, and after the record
thereof with the Commissioner, be as effectual as the
continuous personal residence of the claimant himself.
20. No person shall be entitled to hold, at the same one claim to be
time, two claims by pre-emption; and any person so held at a time,
pre-empting more than one   claim  shall  forfeit   all
right, title, and interest to the prior claim recorded
.by him, and to all improvements made -and erected
thereon, and deposits of money paid to Government
on account thereof; and the land included in such
prior claim shall be open for pre-emption. [Amended
by Section 3 of Act No. 1 of 1873.]
21. When the Government shall survey the land Purchase of
included in a pre-emption claim, the person in whose claim ***nen
name the said claim stands registered   in   the   pre- llr        '
emption register of the Land Office shall, provided a
certificate of improvement shall have been issued in
respect of such land, and that the condition of four
years occupation required by this Ordinance has been
duly fulfilled, shall be entitled to purchase the said land
at such rate, not exceeding one dollar per acre, as
may be determined upon by the Governor for the time
being, payable by four-equal annual instalments, the
first instalment to be paid to the Commissioner, at
his office, within three calendar months from the date
of the service on the said pre-emptor of a notice from
the Chief Commissioner of Lands and Works and
Surveyor-General requiring payment for the said
land, or within six calendar months after the insertion of a notice to such effect, to be published for and
during such period in the Government Gazette, or in
J Land Ordinance, 1870.
A.D. 1870.     such other newspaper, published in the Colony,  as
the Commissioner may direct.
If the purchase money for such land be not paid,
according to the terms of such notice, the pre-emption
claim over such land .may, at the discretion of the
Commissioner, be cancelled, and all such land and
the improvements thereon, and any instalments of the
purchase money paid thereon, may be forfeited absolutely to tbe Crown.
Notice of inten- 22. The Crown Grant to a pre-emption claim will
tion to apply for not be issued unless it shall have been proved to the
Crown Grant. Commissioner that written or printed notices of the
intended application for such Grant have been posted
for a period of sixty days prior to such application,
upon some conspicuous part of the said pre-emption
claim, and upon the adjacent claims (if any), and
upon the Court House of the District wherein the
land lies.
Certificate of
payment.
Form G. [can bi
obtained of the
Land Recorder
of the District.]
Crown Grant
may issue.
Form II.
Reservation to
the Crown.
Heirs of pre-
emptor entitled
to Crown Grant
23. Upon payment of the whole of the purchase
money for such land, and upon production to the
Chief Commissioner of Lands and Works and Surveyor-General of a certificate in Form G. in the Schedule
hereto, from the Commissioner of the District in
which such land is "situated, that the notices of intended application for a Crown Grant of such land
have been duly posted as required in the previous
Section, without any objection to the issue of such
grant having been substantiated, a Crown Grant or
Conveyance, in the Form H. of the Schedule hereto,
of the fee simple of the said land shall be executed in
favour of the purchaser. [Form of Crown Grant
amended by Section 32 of Act No. 1 of 1873.]
Provided, that every such Crown Grant shall be
deemed to include, among the reservations therein
contained, a reserve in favour of the Crown, its assignees, and licensees, of the right to take from any such
land, without compensation, any gravel, sand, stone,
lime, timber, or other material which may be required in the construction, maintenance, or repair of any
roads, ferries, bridges or other public works.
24. In the event of the death of any pre-emptor
under this Ordinance, his heirs or devisees (as the
case may be) if resident in the Colony, shall be entitled to a Crown Grant of the land included in such
pre-emption claim, if lawfully held and occupied by Land Ordinance, 1870. 9
such pre-emptor at the time of his decease, but sub-    a.d. 1870.
ject to payment of the full amount of purchase money
for such land then due or to become due; but if such
heirs or devisees be absent from the Colony at the
time of such  decease, the  Chief  Commissioner of
Lands and Works and Surveyor-General is hereby
authorised and empowered to make such disposition
of the pre-emption claim, and such provision for the
person (if any) entitled thereto, or interested therein,
as he may deem just and proper.
25. Every person lawfully occupying a pre-emption Extent of claim
claim situated to the northward and eastward of the N. and E. of   ,
Cascade or Coast Range of Mountains, at the dale of Cascade Range.
the passing of this Ordinance,  if  less  than three
hundred and twenty acres may, with the permission
of the Commissioner pr,e-empt  land  liable  to  pre-  '
emption, and immediately contiguous to or abutting
on his said existing claim, so as to make up the total
amount of his claim to three hundred a^nd twenty
acres, and thereupon such total claim shall be deemed to have been and to be taken up and held under
the provisions of this Ordinance.
Leases.
[See Sections 9, 10, and 11, of Act No 1 o/1873, as
to conditions precedent to granting leases, and form o/-;fcr-.
notice, Appendix.]
26. Leases of any extent of unpre-empted and un- Leases for pasto-
surveyed tend may be granted for pastoral purposes ral purposes.
by the Governor in Council, to any person or persons
whomsoever, being bona fide pre-emptors or purchasers of land in the vicinity of the land sought to be
leased, at such rent as such Governor in Council shall
deem expedient; but every such lease of pastoral
land shall among other things, contain a condition
making srwch land liable to pre-emption, reserve for
public purposes, and purchase by any persons whomsoever, at any time during the term thereof, without
compensation, save by a proportionate deduction of
"rent; and to a further condition, that the lessee shall,
within six months from the date of such lease, stock
the property demised in such proportion of animals to
the one hundred acres as shall be specified by the
Commissioner.
[Pastoral leases not to be granted on Vancouver Island,
see Section 14 of Act No. 1 of 1873.] r
10
A.D. 1&70.
Hay Leafcs.
Timber Letses.
Land Ordinance, 1870.
27. Leases of unoccupied and unsurveyed land, not
exceeding five hundred acres in extent, may be granted by the Governor in Council, for the purpose of
cutting hay thereon, to any person or persons whomsoever, being bona fide pre-emptors or purchasers of
land, at such rent as such Governor in Council shall
deem expedient. The term of such lease shall not exceed 5 years ; but every such lease shall, among other
things, contain a condition making such land liable
to pre-emption, reserve for public purposes, and purchase by any persons whomsoever, at any time during
the term thereof, with such compensation for improvements made thereon to be paid to the leaseholder,
as shall be fixed by .the Commissioner of the District.
28. Leases of any extent of unpre-empted Crown
Lands may be granted by the Governor in Council, to
any person, persons, or corporation duly authorised
in that behalf, for the-purpose of cutting spars,
timber, or lumber, and actually engaged in those
pursuits, subject to such rent, terms, and provisions as
shall seem expedient to the Governor in Council; provided, however, that any person may hereafter acquire
a pre-emption claim to or upon any part of such leased land, by complying with the requirements of this
Ordinance. Such pre-emptor shall, however, only be
entitled to'cut such timber as he may require for use
upon his claim ; and if he cut timber on the said land
for sale, or for any purpose other than for such use
as aforesaid, or for the purpose of clearing the said
land, he shall absolutely-forfeit all interest in the
land acquired by him, and the Commissioner shall
cancel his claim thereto.
29. The. application of any such lease must be in
writing, in duplicate, addressed to the Commissioner,
who shall retain the original in his office, and transmit the duplicate, through the head office of the
Lands and Works, to the*Governor in Council, who
shall alone decide on any such lease.
[See Section 13, of Act No. 1 of 1873, for additional
powers for granting other leases.]
[See Section 12, of Act No. 1 of 1873, as to rights of
pre-emptors over leased lands.]
Wateb.
'   [Repealed and amended by Act No, 31 of 1872.1
[Preemptors may     r„„    _ !-»oi »? J
utilise wata-.1        L30* Jsvcry person lawfully entitled to hold a pre-emp-
Applications for
Leases. -  'Land Ordinance, 1870. 11
lion under this Ordinance, and lawfully occupying and    A.D. 1870. .
bona fide cultivating lands, may divert any unrecorded
and unappropriated water from the natural channel of any
stream, lake, or river, adjacent to or passing through such
land, for agricultural and other purposes, upon obtaining
the written authority of the Commissioner of the District
to that effect, and a record of the same shall be made with
him, after due notice as hereinafter mentioned, specifying
the name of the applicant^ the quantity sought to  be
diverted, the place of diversion, the object thereof, and all
such other particulars as such Commissioner may require-;
for every such record, the Commissioner shall charge a
fee of two dollars; and no person shall have any exclusive
right to the use of such water, whether the same flow
naturally through or over his land,, except such record
shall have been made.]
[Repealed and amended by Section 7 of Act No. 1 of
1873.]
[31. Previous to such authority being given, the appli- ny,,^ fg oe
cant shall, if the parties affected thereby refuse to consent given:]
thereto, post up in a conspicuous place on each person's
land through which it is proposed that the water should
pass, and on the District Court House, notices in writing,
stating his intentions to enter such land, and through and
over the same take and carry such water, specifying all
particulars relating thereto, including, direction, quantity,
purpose, and term.]
32. Priority of right to any such water privilege, in Priority of right,
case of dispute, shall depend on priority of record.
33. The right of entry on and through the lands of Compensation
others, for carrying water for any lawful purpose upon, for damage,
over, or under the said land,  may be claimed and
taken by any person lawfully occupying and bona
fide cultivating as aforesaid, and (previous to entry)
upon paying or securing payment of compensation,
as aforesaid, for the waste or damage so occasioned,
to the person whose land may be wasted, or damaged
by such entry or carrying of water.
34. In case of dispute, such compensation or anv
., .   \ ■:;.;-, , r  .  .,      J may be assessed
other question connected With such water privilege, by a jury,
entry, or carrying may be ascertained by the Commissioner of the District in a summary manner/without a jury, or if desired by either party, with ! a jury
of five men. 12
Land Ordinance, 1870.
A.D. 1S70.
Water for mining or other
purposes.
Transfer of preemption right
transfers water
Not to waste
water.
Ejectment by
summary process.
Jury.
Jury how
nioncd.
35. Water privileges for mining or other purposes,
not otherwise lawfully appropriated, may be claimed,
and the said* water may be taken upon, under, or
over any land so pre-empted or purchased as aforesaid, by obtaining a grant or licence from the Commissioner of the District; and, previous to taking tbe
same, paying reasonable compensation for waste or
damage to the person whose land may be wasted or
damaged by such water privilege, or carriage of water.
36. All assignments, transfers, or conveyances of
any pre-emption right, heretofore or hereafter ac-
' quired, shall be construed to have conveyed and
transferred, and to convey and transfer, any and all
recorded water privileges in any manner attached to
or used in tbe working of the land pre-empted.
37. Every owner of a ditch or water privilege shall
be bonnd to take all reasonable means for utilizing
the water tauen by him ; and if he shall wilfully take
and waste any unreasonable quantity of water, it
shall be lawful for the Commissioner to declare all
rights to the water forfeited.
[See Section 4, of Act No. 31 of 1872, a» to punishment for wasting water.]
Ejectment.
38. Any person lawfully occupying a pre-emption
claim, or holding a lease under this Ordinance may,
in respect thereof, institute and obtain redress in an
action of ejectment or of trespass in the same manner
and to the same extent as if he was seised of the
legal estate in the land covered by such claims; but
either party thereto may refer the cause of action to
the Stipendiary Magistrate of the District wherein the
land lies, who is hereby authorized to proceed summarily, and make such order as he shall deem just.
Provided, however, that if requested by either party,
he shall first summon a jury of five persons to henr
the cause, and their verdict or award on all matters
of fact shall be final.
Jury.
39. It shall be lawful -for any Magistrate, by an
order under bis hand, to summon a jury of five persons
for any purpose under this Ordinance, and in the
event of non-attendance of any persons so summoned
he shall have the power to impose a fine not exceeding
twenty-five dollars. Land Ordinance, 1870. 13
Appbal. A.D. 1870.
40. Any person affected by any decision of a Magis- Appeal to Su-
trate or Commissioner under this Ordinance may, premeCourt,
within one calendar month after such decision, but
not afterwards, appeal to the Supreme Court in a
summary manner, and such appeal shall be in the
form of a petition, verified by affidavit, to any Judge .
of such Court, setting out the points relied upon ; and
a copy of such petition shall be served upon the
Commissioner whose decision is appealed from, and
such time shall be allowed for his answer to the said
petition as to the Judge of the Supreme Court may
seem advisable; but no such appeal shall be allowed
except from decisions on points of law.
41. Any person desirous of appealing in manner Security to be
aforesaid, may be required, before such appeal  be given,
heard, to find such security as may be determined by   .
the Commissioner whose decision is appealed from,
and such appeal shall not be heard until after security
to the satisfaction of the Commissioner shall have
been given for the due prosecution of such appeal and
submission thereto.
Surveyed Lands.
42. The Governor shall at any time, and for such Reserves.
purposes as he may deem advisable, reserve, by notice
published  in  the  Government  Gazette,   or in   any
newspaper of the Colony, any lands that may not
have been either sold or legally pre-empted.
43. The upset price of surveyed lands,-not being Price of land,
reserved fpr the sites of Towns or the suburbs thereof,
and not being reputed to be mineral lands, shall be
one dollar per acre; and the upset price of Town and
Suburban lots shall be such as the Governor may in
each case specially determine.
44. Except as aforesaid,  all  the land in British l*nd offered for
/~i  i      i_-        -ii i- j'i^j! ii,      L.i.,1-    sale by public
Columbia will be exposed in lots tor sale by public competition.
competition, at the upset price above mentioned, after
the same shall have been surveyed and made ready
for sale.    Due notice thall be given of all such, sales;
notice at the same time shall be given of the upset
pride and terms  of payment when they vary from
those above stated, and also of the rights specially
reserved (if any) for public convenience.
45. All lands which shall remain unsold at any Unsold lands by
such auction may be sold by private contract at tbe Pri™t<3eontraot, 14
r. -
AD
.1870.
Land sc
jecttor
Id, sub
jads. Ai
Convey
eludes
mines,
ince m-
trees,
FreoMi
search
mineral
hits may
for
Land Ordinance, 1870.
upset price and on the terms and conditions herein
mentioned, on application to the Chief Commissioner,
of Lands and Works and Surveyor-General, or other
person for the time being duly authorized by the
Governor in that behalf.
46. Unless otherwise specially notified at the time,
of sale, all Crown Lands sold shall be subject to such
public rights of way as may at any time after such
sale be specified by the Chief Commissioner of Lands
and Works and Surveyor-General, and to the right of
the Crown to take therefrom, without compensation,
any stone, gravel, or other material to be used in
repairing the public roads, and to such private rights
of way, and of leading or using water for animals,
and for mining and engineering purposes, as may at
the time of such sale be existing.
47. Unless otherwise specially announced at the
time of sale, the conveyance of the land shall include,
except as provided in Section 23, all trees and ali
mines and minerals within and under the same (except mines of gold and silver.)
[See Section 16 of Act No. 1,1873, and Order in
'Council bth September, 1873, as to price of Unsurveyed
Land; and as to price of Mineral Land, Orderin Council
20th September, 1873, and Order in. Council 3rd September, 1873, as to Timber locations.]
[See Land Office regulations for-purchasing Unsurveyed Lands, 27th August, 1873, Appendix.]
Free Miners' Rights.
48. Nothing herein contained shall exclude Free
Miners from entering upon any land in this Colony,
and searching for and working minerals; provided
that such Free Miner prior to so doing shall give full
satisfaction or adequate security to the satisfaction of
the Commissioner, to the pre-emptor or tenant in fee
simple, for any loss or damage he may sustain by
reason thereof. If* the amount of compensation (if
any) cannot be agreed upon', the Stipendiary Magistrate or Gold Commissioner of the District wherein
the land lies, with the assistance, if desised by either
party, of a jury of five persons to be summoned by
him, shall decide the amount thereof, and such
decision and award shall be final. If there be no
such Stipendiary Magistrate or Gold Commissioner
in the said District, the Supreme Court shall have
jurisdiction in the matter. Land Ordinance, 1870. 15
Free Grants. A.D.;i870.
[See Sections 21 to 31 inclusive, of Act No. 1 of
1873.]
49. It shall be lawful for the Governor in Council Free grants for
to make such special free or partially free grants of Immigrants.&c.
the unoccupied and unappropriated Crown Lands of
the Colony, for the encouragement of immigration or
other purposes of public advantage, with and under
such provisions, restrictions, and privileges, as to the
Governor in Council may seem most advisable for the
encouragement and permanent settlement of immi- '
grants, or for such other public purposes as aforesaid.
50. Nothing in this Ordinance contained shall be Saves Miners'
construed so as to interfere prejudicially with therlg
rights granted to Free Miners   under the   "Gold
Mining Ordinance, 1867."
51. The Schedule hereto  shall form part of this Schedule.
Ordinance.
52. Each Commissioner appointed under this Ordi- Books to be kept,
nance shallikeep a book or books in which he shall
enter .the date and particulars of every pre-emption
record, certificate of improvement, licence to- substitute, transfer, or other document relating to or in
any manner affecting any pre-emption claim within
his District.
53. All fines and fees payable under this Ordinance Application of
shall be deemed to be made payable to the use offluesand feos-
the Crown.
4. This Ordinance shall not take effect until Her Suspending
jesty's asse
iti the Colonv.
Majesty's assent thereto shall have beer* proclaimed cla,lse*
55. This Ordinance may be cited for all purposes Short Title,
as the "Land Ordinance, 1870."
SCHEDULE.
[All forms can be oblained-of .the Land Recorder of the
District.] j*.*, than reasonably
necessary
16 Land Ordinance Amendment Act, 18*
No. 31.
a.d. 1872.    An Act to amend the "Land Ordinance,
[Amended by Act     1870."
iVb, 10/1878.] [Assented to llth April, 1872.]
HER Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of
British Columbia, enacts as follows :--.
.Bopeals See. so      1. Section 30 of the "Land .Ordinance, 1870," is
VLandOrdi-     hereby repealed,
nance. ••      r
No person to re- 2. Every person lawfully entitled to hold a pre-
cord more water emption under the said Ordinance, and lawfully
occupying and bona fide cultivating lands, may divert
so much, and no more, of any unrecorded and unappropriated water.from the natural channel of any
stream, lake, or river adjacent to or passing through
such land, for agricultural or other purposes, as may
be reasonably necessary for such purposes, upon obtaining the written authority of the Commissioner of
the District to that effect, and a record of the same
sball be made with him, after due notice as in the
said Ordinance mentioned, specifying the name of the
applicant, the quantity sought to be diverted, the
place of diversion, the object thereof, and all such
other particulars as such Commissioner may require *
for every such record the Commissioner shall charge
a fee of two dollars ; and no such person shall have
any exclusive right to the use of such water, whether
the same flow naturally through or over his land,
except such record shall have be%n made.
No exclusive 3. The owner of any water privilege or right ac-
ris«i j?**?'61"    quired by record, shall have no exclusive right to the
until ditch con-  ^   . r ., ,, .,  .       .   ,,  P
structed. water privilege so recorded, until he shall have con
structed a ditch for conveying the water to the place
where it is intended to be used. And in case any
such ditch shall not be of sufficient capacity to carry
the quantity of water recorded by the owner of such
ditch, then the exclusive right ut' such owner shall be
limited to the quantity which such ditch may be
capable of carrying, notwithstanding such record,
until such ditch shall be enlarged so as to be capable
of carrying the quantity Of water recorded by such
person. Land Ordinance Amendment Act, 1872. 17
4. Any owner of any ditch or water privilege who    A.D. 1872.
shall wilfully waste any quantity of water, by divert- wastingwater a
ing any more of it from its natural course, through misdemeanor.
any ditch  or otherwise, than the quantity actually
required by him for irrigation or any other purpose,
[shall be deemed guilty of a misdemeanor, and] shall be [imf^efi?|S*?'
1      ■ i.   j v        t. ■        ^ j- i       j     -i j  n        SSqfActXfb.  1
punished by a fine not exceeding one hundred dollars 0/i873.j
for each such offence, to be recovered before a Justice
of the Peace, Stipendiary Magistrate, or Commissioner,, in a summary manner, and in default of
payment by distress ; and no owner of any first record
to any ditch or water right shall have any right to
interfere with or prevent the construction of any
dams, break-waters, or other improvements made or
hereafter to be made for the purpose of saving or
economising the water of any creek, lake, or watercourse of any kind ; provided that the construction
or use of such dam or break-water does not "nor will
divert such water from its proper channel, at the
point or place where such owner takes the water used
. by him into his ditch or channel. Provided, also, that
the construction and use of such dam or break-water
shall not injure the soufce from which such water is
taken, or the property of any party or parties, by
backing water, flooding, or otherwise. Provided,
also, that all disputes arising upon any matter or
thing in this clause contained, shall be decided in a ^
summary manner before any Justice of the Peace,
Stipendiary Magistrate, or Commissioner, who shall
have full power to make such decision as shall seem
to him to be just and equitable.
5   This Act may be cited for all purposes as the Short Title and
"Land Ordinance Amendment Act, 1872," and shall construction.
be construed with and part of the " Land Ordinance,
1870." Preamble
18 Land Ordinance Amendment Act, 1873.
No. 1.
a.d. 1878.   An Act to amend the " Land Ordinance,
1870."
[Assented to 21st February, 1873.]
T17HEREAS it is expedient to give greater facilities
V V    for the acquisition of land in British Columbia :
Therefore, Her Majesty, by and with the advice and
consent of the Legislative Assembly of the Province-
of British Columbia, enacts as follows :—
Construction, 1. The word "Governor" whenever the same
occurs in the " Land Ordinance", 1S70," herein termed
the "principal Act," shall mean the Lieutenant-
Governor in Council.
Pre-emption.'
Pre-empted land 2. Notwithstanding anything in the principal Act
may be occupied contained jt shall be lawful for any person entitled
by agent of pre- . . ,      ,        , .,, J        .,
emptor. to pre-empt land and required to occupy the same, to
so pre-empt and occupy land by himself or his agent
duly authorized   in writing   in  that  behalf.    The
"occupation"   required   under   the principal Act,
shall mean a bona fide residence of the pre-emptor or
his agent on the pre-emption claim, and a bona fide
cultivation thereof by such person : Provided no such
agent shall be an Indian or Chinaman : Provided,
Indians or Chi-  however, that the requirement of such personal occu-
namen not to be nation shall cease and determine after a period ot
asrents.
four years of such continuous occupation shall have
been fulfilled.
Section 20 3. Section  20  of the sard   Ordinance is  hereby
amended. amended by adding the wprds "directly or indirectly"
after the word " hold " in the first line thereof.
Shape of pre- *• The rectangular shape of a. pre-emption claim,
emptionclaims, as defined in Clause 8 of the principal Act, shall.
when pre-empted to the northward and eastward of
the Cascade or Coast Range of Mountains, as near as
possible, as to the longest line thereof, be one
thousand five hundred and twenty four yards, or
thereabouts, and one thousand and sixteen yards as
to the shortest line thereof, where practicable ; and
as to land pre-empted in the rest of the Province
shall, as to the longest line thereof, be one thousand Land Ordinance Amendment Act, 1873. 19
and seventy-eight yards, or thereabouts, and seven    A.D. 1873.
hundred and eighteen yards as to the shortest line
thereof, where practicable.
5. All claims which are now or may thereafter be Marking boun-
pre-empted, shall be marked by stakes or posts atdarie8 of claims,
least four inches square, and standing not less than*
four feet above the surface, and one such stake shall
be placed at each angle of the claim. Any tree may
be used for a post provided that it be cut down and
squared as aforesaid. No such boundary post shall
be removed without the permission of the Commissioner of the District wherein the land lies. Upon
each post a notice in the following form shall be
affixed:—
"^..B'slandN.E. post" (meaning North-East post):;
uA.B's land N. W. post" (meaning North-
West post), and so on, as the case may be.
When the above provisions are not complied with,
it shall be lawful for the Chief Commissioner of Lands
and Works, upon satisfactory evidence of wilfnl neglect on the part of the..pre-emptor, to cancel the
record of such pre-emptor, and the land referred to
in the cancelled record shall thereafter be open to
pre-emption.
6. Notwithstanding anything herein  and, in   the After issuing
principal Act contained, a pre-emptor, at any time^r'^^ft
after he has received a certificate of improvement as pre-emptor
mentioned in Section 11 of the said Act,   shall be entitled to
entitled  to  receive  a  Crown   Grant  for  his   land: Crown grant.
Provided, always, that no Crown Grant shall issue
as aforesaid, untii the requirements and provisions of
the principal Act relating to Crown Grants (except
as to continuous occupation for four years) have been
complied with.
7. Section 31 of the principal Act is hereby   re- Notice of appli-
pealed ; and, in lieu thereof, the following shall be cation for records
read:— of water.
" Previous to such authority being given, the applicant shall post up in a conspicuous place on each
person's land to be affected by the proposed diversion
of any stream, lake, or river, and on the District Court
House, notices in writing, stating his intention to
enter such land, and through and over the same to
take and convey and divert such water (as the case
may be), specifying all particulars relating thereto,
including direction, quantity, purpose, and term,"
J 20
Land Ordinance Amendment Act, 1873.
A.D. 1873, 8.   Notwithstanding   anything   contained   in   the
EvervCommis- principal Act, every Commissioner appointed ther,e-
Bioner may re- under shall have power to record pre-emption claims '
cordpre-emp- without first applying for permission therefor to the
tion claims. chief Commissioner of Lands and Works.
Conditions precedent to granting leases.
Written object
ion may be'made
Lease may be
granted if no ob •
jection.
Pre-emptors of
land leased to
have rights of
way and a limited right of pasturage over the
land leased.
[See/orm. of notice of application for Lease, Appendix.]
9. Before any lease is granted for pastoral, hay, or
timber purposes, the applicant shall give to the
Commissioner of the District in which the land lies,
thirty days' notice in writing of his intention to apply
for such lease.    Such notice shall specify—
(1.) The locality and the number of acres applied
fqr ;
(2.) The name of the applicant;
(3.) The date of the notice.
A copy of such notice shall be posted at each of the
undermentioned places :—
(1.) On a conspicuous part of the land referred to ;
(2.) Upon the walls of the office of the Commissioner of the District;
(3.) On the Court House of the District, if any; '
(4.) On the nearest public Inn or Tavern;
(5.) On the outer door of the Post Office of such
District.
10. Any person desirous of objecting to such lease,
I shall give his written reasons therefor,  within the
time specified in the above notice, addressed to the
said Commissioner : and the said Commissioner shall,
as soon as possible, forward the same, with his report
thereon, to the Chief Commissioner of Lands and
Works.
11. If no objection is made, as aforesaid,  to the
' issue of such lease before the said notice expires, the
lease applied for may be issued, if advisable.
12. Persons who have pre-empted lands, or shall
hereafter pre-empt'&ny lands heretofore leased, or
which may hereafter be leased for any of the purposes
aforesaid,- shall have the right of passing and repassing over such leased lands without being deemed
trespassers : Provided, always, that such persons
shall not commit wilful waste or damage in passing
over such lands. Any person who pre-empts land
held under a pastoral lease,-and who bona fide cultivates at least ten acres thereof per annum, shall have
the privilege of pasturing not more than fifty head of Land Ordinance Amendment Act, 1873;
2t
his own stock on the said leased land in the winter
time, that is, between the first day of November, and
the first day of April following, upon his paying to
the lessee named in the pastoral lease, on account of
the actual expenses incurred in and about the leasehold, an annual sum proportionate to the number of
cattle grazed upon the land.
13. In addition to the powers conferred on the
Lieutenant-Governor in Council by Section 26 of the
principal Act, it shall be lawful for the Lieutenant-
Governor in Council to grant leases to any person
for any purposes other than for pastoral, hay, and
timber purposes, upon such terms and conditions as
the Lieutenant-Governor in Council shall think fit:
Provided, always, that every such lease shall contain
a condition making such land liable to purchase by
any persons whomsoever, at any time during the
term thereof, with such compensation for improvements made thereon to be paid to the leaseholder as
shall be fixed by the Chief Commissioner of Lands
and Works, or his Assistant for the time being, in
the District where the land is situated : Provided
that if the lessee be dissatisfied with the decision of
either of the aforesaid parties, he shall be entitled to
submit such decision to arbitration, under the provisions of " The Public Works Amendment' Act,
1873."
14. Section 26 of the principal Act is hereby amended by adding the words " Provided, however,
that no such pastoral leases shall be granted on Vancouver Island. Provided, also, that no pastoral lease
shall be granted upon any of the Islands adjacent to
Vancouver Island or to the Mainland of the Province
upon which any land is occupied by pre-emptors or
persons holding lands under Crown grant."
15. Any number of persons, not exceeding four,
uniting in partnership for the purpose of pre-empting,
holding, and working land, shall be eligible to preempt, as a firm, an area of land to the extent to each
partner in the firm of One hundred and sixty acres
west, and Three hundred and twenty acres east, of
the Cascades. Each partner in any such firm shall,
by himself or agent, represent his interest in the firm
by actual cultivation of his quantum of land, and by
actual residence upon some portion of the land so
held by such firm.    A legal proportion of improve-
A.D. 1878.
Additional powers conferred for
granting leases.
Leases to contain
provision that
land leased may
be purchased,
with compensation to lessee.
No pastoral lease
to be granted on
Vancouver Island, nor on any
islands upon
which land is
occupied by pre-
emptors.
Pre-emption by
persons uniting
in partnership
for that purpose.
J 22
Land Ordinance Amendment Act, 1873.
A.D. 1878.
Improvements
in such oases.
Residence of
partners.
Unappropriated
land may be sold
ments, shall In such case be made on each several
One hundred and sixty or Three hundred and twenty
acres, as the case may be, but it shall not be necessary
in such case that each partner or his agent sball
reside on his particular pre-emption. Partners in
such firm, or their agents, may reside together on one
homestead, provided such homestead be situated upon
some portion of the land pre-empted, occupied, and
cultivated by such firm.
Sale of Lands.
16. Unappropriated lands (not being reserved for
the sites of Towns or the suburbs thereof,) shall be
open for purchase at the rate of not less than One
dollar'per acre : Provided that whenever so ordered
by the Lieutenant-Governor in Council, sqch unoccupied lands as may be deemed by him expedient, from
time to time, shall be put up at publiG sale (of which
sale due and sufficient notice shall be given) at the
upset price of not less than One dollar per acre to
the highest bidder.
[Price of land defined by Orders in- Council of 5th
and 20th September, 1873.]
[See Land Office Regulations, 21th August, 1873,
Appendix'.]
Highways.
17. All roads, other than private roads, shall be
deemed common and public highways.
18. Unless otherwise provided for, the soil and
freehold of every public highway shall be vested in
Her Majesty, Her heirs and successors.
Drainage and Dyking.
19. It shall be lawful for the Lieutenant-Governor
in Council to sell any vacant lands of the Crown, or
make free grants thereof, to any person or company,
for the purpose of dyking, draining, or irrigating the
same, subject to such regulations as the Lieutenant-
Governor in Council shall see fit.
Educational Endowment.
Land may be set 20. It shall be lawful for the Lieutenant-Governor
apart for Educa- in Council to set apart in such places in the Province"
tional purposes. ag he shall think fit| as an endowment for the purposes
of Education, such portions of the unappropriated
land in the Province as he shall think fit.
Public roads are
public highways
To be vested in
Her Majesty.
Sales and free
"■rants for
dyking land. Land Ordinance Am&ndynent Act, 1873. 23
Ebe'e Grants.
A.D. 1873.
[See Order in Council 25th July, 1873,  and Regu- 	
lations 5th September, 1873, AppendaRY'
21. The Lieutenant-Governor in Council  may ap- Appropiiationof
propriate any public lands  considered suitable forfree grants for
settlement and cultivation, and  not  being mineralclrtei^refmla-
lands, as free grants to  actual settlers, under such tions.
regulations as shall from time to time be made by
Order in Council, not inconsistent with the provisions
of this Act.
22. Such   grants   or appropriatiDns shall include Surveyed lands
lands surveyed or hereafter to be surveyed. included.
23. The person to whom any land may be allotted Person to whom
or assigned under such .regulations for a free grant land assigned to
thereof, shall be considered as located for said ian(1l>e called locatee.
within the meaning of this Act,  and is hereinafter
called the locatee thereof.
24. No person shall be located for any land  under He must be of
this Act or said regulations unless such person shall the age of 18
be of the age of eighteen years or upwards, nor shall yeai's or up"
, ,        .   tft, L   - .     wards,
any person be  so located  for any  erreater quantity „„
ii.       m—    ilia '  rf   JJis ■■    => i j 250 acres may   .
■ than Two hundred and fifty acres. be located.
25. Before any person shall be located for any land Affidavit to be
as aforesaid, such person shall make affidavit to be made;  -
deposited with the Chief Commissioner of Lands and
Works, that he orshe has not been located for any
land under this Act or under said regulations, and
that he or she is of the age of eighteen years or up-
'wards, and believes the land for which he or she
applies or desires to be located, is suited for settlement and cultivation, and is not valuable chiefly for
its mines or minerals, and that such location is desired '
for his or her benefit and for the purposes of actual
settlement and cultivation of such land, and not
either directly or indirectly for the use or benefit of
any other person or persons whomsoever, nor for the
purpose of any gold, silver, copper, lead, iron, or
other mines or minerals, or any quarry or bed of stone,
marble, or gypsum thereon.
26. No Crown Grant shall issue for any land loca- No Crown grant
ted under this Act, or under said regulations, untilt0 i8Sue until
the expiration of three years from the date of such ment'dutles are
location,   nor  unless nor until the locatee or those_performed.
claiming under him or her, or some of them, shall
J 24 Land Ordinance Amendment Act, 1873.
a.d. 1873. have performed the following settlement duties, that
is to say: shall have cleared and have under cultivation at least twenty acres of the said land, whereof at
least five acres shall be cleared and cultivated annually during the three years next after the date of the
location, to be computed from such date, and have
built a house thereon fit for habitation, at least sixteen feet by twenty feet, and shall have actually and
continuously resided upon and cultivated the said
land for the term of three years next succeeding the
date of such location, and from thence up to the issue
of the Crown Grant, except that^the locatee shall be
allowed one month from the date of the location to
enter upon and occupy the land, and that absence
from the said land for in all not more than six months
during any one year (to be computed from the date
of the location) shall not be held to be a cessation of
such residence, provided such land be cultivated as
aforesaid.
On failure of
such duties location to be forfeited.
No alienation
bofore Crown
grant is issued.
27. On failure in performance of the settlement
duties aforesaid, the location shall be forfeited, and
all rights of the locatee, or.of any one claiming under
him or her, in the land, shall cease.
28. Neither the locatee, nor any one claiming under
him or her, shall have power to alienate, (otherwise
than by devise) or to mortgage or pledge any land
located as aforesaid, or any right or interest therein
before the issue of the Crown Grant.
Before issuing of    29. No land located as aforesaid, nor any interest
Crown grant      therein, shall in any event be or become liable to the ■
}an„dw!£S!f0    satisfaction   of any  debt or  liability contracted or
locatee s ueots.   ,  . .^   *i .       . . n     .
incurred by the locatee, his widow, heirs, or devisees,
before the issuing of the Crown Grant for such land.
After such issu- After the issuing of the Crown Grant for any such
from0execu«on>t land> and while sucb land or &nJ Part thereof, or any
for 20 years. interest therein, is owned by the locatee, or his
widow, heirs, or devisees, such land, part, or interest,
shall, duiing twenty years next after the date of such
location, be exempt from attachment, levy under
execution, or sale for payment of debts; and shall
not be or become liable to the satisfaction of any
debt or liability contracted or incurred before or
during that period, save and except any debt secured
. by a valid mortgage or pledge of such land made
■subsequently to the issuing of the Crown Grant
therefor. Land Ordinance Amendment Act, 1873.
25
30. Nothing in this Act shall be construed to A-D. 1873.
exempt any land from, levy or sale for rates or taxes, No exe"^p"tjon
now or hereafter legally imposed. from taxes.
31. Every Crown grant to be issued for any land statements allocated as aforesaid, shall state in the body thereof, Crown Grant,
the'name of the original locatee of the said land, and
the date of the said location, and that the said Crown
grant is issued under the authority of this Act.
32. Form H. in the Schedule to the said " Land Form H. repeal -
Ordinance, 1870," is hereby repealed, and in lieu °°> and foUow-
thereof the following Form of Crown grant shall be "^substituted,
substituted:—
r i—*—> -> Form.
Province
tisi
No
British C
e of        "»
olumbia. j
[Royal Arms.]
Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen Defender of
the Faith, and so forth. To all to whom these
presents shall come greeting : Know ye that We do
by these presents, for Us, Our heirs and successors,
in consideration of the sum of   . to Us paid,
give and grant unto h   heirs and assigns,
All that parcel or lot of land situate and
numbered on the official plan or survey of
the said in the Province of British Columbia,
To have and to hold the said parcel or lot of land,
and all and singular the premises hereby granted,
with their appurtenances, unto the said
h-   heirs and assigns for ever.
Provided nevertheless that it shall at all times be
lawful for Us, Our heirs and successors, or for any
person or persons acting in that behalf by Our or
their authority, to resume any part of the said lands
which it may be deemed necessary to resume for
making roads, canals, bridges, towing paths, or other
works of public utility or convenience, so nevertheless
that the lands so to be resumed shall not exceed one-
twentieth part of the whole of the lands aforesaid,
and that no such resumption shall be made of any
lands on which any buildings may have been erected,
or which may be in use as gardens or otherwise for
the more convenient occupation of any such buildings.
Provided also that it shall at all times be lawful
for Us, Our heirs and successors, or for any person
or persons acting under Our or their authority, to
B
J 26
Land Ordinance Amendment Act, 1<
A.D. 1873.
Section 4
amended*
To come into
force on 21st
July, 1873.
Short Title.
enter into and upon any part of the said lands, and
to raise and get thereout any gold or silver ore which
may be thereupon or thereunder situate, and to use
and enjoy any and every part of the same land, and
of the easements and privileges thereto belonging, for
the purpose of such raising and getting, and every
other purpose connected therewith, paying in respect of such raising, getting, and use, reasonable
compensation.
Provided also that it shall be lawful for any person
duly authorized in that behalf by Us, Our heirs and
successors, to take and occupy such water privileges,
and to have and enjoy such rights of carrying water
over, through, or under any parts of the hereditaments hereby granted, as maybe reasonably required
for mining or agricultural purposes in the vicinity of
the said hereditaments, paying therefor a reasonable
compensation to the aforesaid h    heirs
or assigns.
Provided also that it shall be at all times lawful
for any person duly authorized in that behalf by Us,
Our heirs and successors, to take from or upon any
part of the hereditaments hereby granted, the right
to take from any such land, without compensation,
any  gravel,   sand,   stone,   lime,   timber,   or   other
material which may be required in the construction,
maintenance, or repair of any roads, ferries, bridges,
or other public works.
In testimony whereof We have caused these Our
letters to be made patent, and the great seal
of Our Province of British   Columbia  to be
hereunto affixed.   Witness His Honor
, Lieutenant-Governor of Our
Province of British Columbia and its Dependencies, at Our Government House, in Our
City of Victoria, this day of   . ,
in the year of Our Lord one thousand eight
hundred and , and in the .
year of Our Reign.
33. Section 4 of the "Land Ordinance Amendment
Act, 1872," is hereby amended by striking out the
words " shall be guilty of a misdemeanor, and " in
the 4th and 5th lines thereof.
34. This Act shall not come into force until the 21st
day of July, 1873.
35. This Act maybe cited as the " Land Ordinance
Amendment Act, 1873." Hailwav M(
'icserve-
-Price of Unsurveyed Lands.
Railway Reserve of a strip of laud 20 miles wide,
between Seymour Narrows and Esquimalt.
[1st July, 1873.]
WHEREAS by an Order in Council dated the 7th day of June,'
1873, of the Honorable the Pri.vy Council of Canada, it has
been decided " that Esquimalt, in Vancouver Island, be fixed as
"the Terminus of the Canadian Pacific Railway, and that a line
" of Railway be located between the Harbour of Esquimalt and
" Seymour Narrows, on the said Island ;" and whereas in accordance with the terms of the said Order in Council, application has
been made to His Excellency " the Lieutenant-Governor of British
" Columbia, for a reservation and for the conveyance to the
" Dominion Government, in trust, according to the llth paragraph
" of the Terms of the Agreement ot Union, of a strip of land twenty
" miles in width along the Eastern Coast of Vancouver Island,
" between Seymour Narrows and the Harbour of Esquimalt, in
" furtherance of the construction of the said Railway."
And whereas it has been deemed advisable that the land within
the limits aforesaid should be reserved, prior to any conveyance
aforesaid being made thereof. Public notice is therefore hereby
given, that from and after this date a strip of land twenty miles in
width along the Eastern Coast of Vancouver Island, between
Seymour Narrows and the Harbour of Esquimalt, is hereby reserved.
By Command. JOHN ASH,
Provincial Secretary.
Provincial Secretary's Office,
July 1st, 1873.
Order in Council fixing price  of Unsurveyed  and
Unoccupied Land.
[5th September, 1873.]
PUBLIC NOTICE.—Notice is hereby given, that by an Order in
Council, dated 5th September, 1873, it was determined that
the price of unsurveyed and unoccupied lands in the Province of
British Columbia, should be two dollars and fifty cents per acre,
the right to all the precious and baser metals or minerals being
reserved to the Crown, provided that no person either individually
or as a member of a company shall be entitled to purchase more
than 640 acres. . ,
'ROBERT BEAVEN,
, Chief Commissioner Lands and Works.
Lands and Works Department,
Victoria, llth September, 1873.
J 28     Price of Mineral Lands—Pre-emption Purchase.
Order in Council fixing price of Mineral Land.
[20/A September, 1873.]
PUBLIC NOTICE.—Notice is hereby given, that by an Order in
Council, dated 20th September, 1873, it was determined that
the price of Mineral Land, with the right to take coal and all the
baser metals and minerals, but reserving gold, platinum, and
silver, should be ten dollars per acre, payable half in cash and the
balance in two years, or previous to survey and issue of the
Crown Grant; and that no person should be allowed either
directly or indirectly to purchase more than 640 acres as above.
ROBERT BEAVEN,
Chief Commissioner Lands and Works.
Lands and Works Office,
Victoria, 23rd September, 1873.
Order in Council enabling Pre-emptors in error to
complete purchase.
[20th September, 1873.]
PUBLIC NOTICE.—Notice is hereby given, that, by anOrder in
Council, dated 20th September, 1873, it was determined that
pre-emptors who have recorded land in error as a pre-emption
purchase, under the Land Ordinance of the llth April, 1865, subsequent to the 20th October, 1870, and who have paid a deposit of
two shillings and one penny per acre, should be permitted to purchase land at the rate of one dollar per acre, subject to the Land
Ordinances, 1870 and 1873, and by complying with-the Regulations
as to the purchase of unsurveyed land under date 27th August,
1873, excepting as to the payment of a record fee of five dollars,
and by substituting fifty cents per acre in lieu of one dollar, as
contained in Section 2 of said Regulations.
ROBERT BEAVEN,
Chief Commissioner Lands and Works.
Lands and Works Office,
Victoria, 23rd September, 1873. *v
Timber Locations—Free Grt
Order in Council enabling Pre-emptors of Prairie
Land to locate 20 acres of Timber Land.
[3rd September, 1873.]
"PUBLIC NOTICE.—Notice is hereby given, that by an Order in
JT Council dated 3rd September, 1873, it was determined that in
tbe event of a pre-emptor recording 160 acres of prairie land in
New Westminster District, he should be allowed to locate twenty
acres of timbered land in the vicinity of his premption; the said
location to be made under the same Rules and Regulations as
issued under date 27th August, 1873, as to the purchasing of unsurveyed land from the Crown, excepting as to the cash payment
of one dollar per acre, but to be subject to the same conditions as
to settlement and payment as land recorded as a pre-emption
under the " Land Ordinance, 1870," and " Land Ordinance Amendment Act, 1873," and shall appertain to and form an addition to
such pre-emption.
ROBERT BEAVEN,
Chief Commissioner Lands and Works.
Victoria, September 13th, 1873.
[See form of application for Timber Locations, Appendix.].
Order in Council setting apart certain lands for
Free Grants.
[25th July, 1873.]
ON a memorandum, dated 14th July, 1873, fro.n the Honourable
the Obief Commissioner of Lands and Works, reporting that
it is necessary to set aside, at once, certain sections of land in the
Province as Free Grant Sections, under the provisions of the
"Land Amendment Act, 1873, and recommending that one hundred and sixty acres be allowed on the East Coast of Vancouver
Island, between Chatham Point and Fort Rupert (being a distance
of about ninety statute miles), and East of the Cascade Range the
quantity allowed to be taken for a Free Grant be two hundred and
and forty acres, and that in New Westminster District the Chief
Commissioner be authorized to set apart two Townships, in which
Free Grants of an extent of one hundred and sixty acres may be
located.
The Committee advise that the recommendation be approved.
(Signed)       A. DeCOSMOS,
President of.the Council,
Approved in Council,
JOSEPH W. TRUTCH,
25th July, 1873,
J /SO
Free Grant Regulations.
Regulations respecting the acquisition of
Free Grants.
Lands and Works Department,
5th September, 1873.
THE  following  Regulations respecting the  acquisition of Free
Grants of Land in British Columbia, are hereby published for
general information.
ROBERT BEAVEN,
Chief Commissioner of Lands and Works.
Under the following Regulations and Ordinances, the Government
of British Columbia are prepared to give Free Grants of vacant
unsurveyed Crown Land, suitable for settlement and cultivation,
and not being Mineral Land, to bona fide Settlers, in the following
quantities and sections of the Province, viz :—
On the East Coast of Vancouver Island, between
Chatham Point and Fort Rupert  160 acres.
In that part of the Province East of the Cascade
Range of Mountains  240 acres.
And intend setting aside Two Townships in the New
Westminster District for Free Grant locations of 160 acres,
when surveyed.
Regulations.
1. Before any person can be located for a Free Grant of land,
he or she shall make affidavit, to be deposited with the Chief
Commissioner of Lands and Works, that he or she has not been
located for any land under the Free Grant sections or regulations
of the " Land Amendment Act, 1873," and is not a pre-emptor or
owner of land in the Province, and that he or she is of the age of
eighteen years or upwards, and believes the land for which he
or she applies or desires to be located, is suited for settlement
and cultivation, and is not valuable chiefly for its mines or
minerals, and is not acquired for the purpose of obtaining possession of or disposing.of any timber growing or being on said land,
and that such location is desired for his or her benefit and for the
purpose of actual settlement and cultivation of such land, and not
either directly or indirectly for the use or benefit of any other
person or persons whomsoever, nor for the purpose of any gold,
silver, copper, lead, iron, or other mines or minerals, or any
quarry or bed of stone, marble, or gypsum thereon.
2. Any "person making application for a Free Grant shall, if
required, procure an affidavit from such person as can make the Free Grant Regulations*
31
same, 3tating „that the   and is vacant, and that no person has
resided upon it for the last six months.
3. No person shall be entitled to hold land in the Province
under the Pre-emption and Free Grant Acts at the same time ; and
any subsequent pre-emption record by the locatee, shall be considered as an act of forfeiture of any rights acquired under the
Free Grant Clauses of the Act of 1873 ; and the locating of a Free
Grant shall be construed as an act of forfeiture of any pre-emption
rights acquired under any of the Land Ordinances or Proclamations
in the Province.
4. An alien shall be entitled-to locate a Free Grant under the
same conditions as a British subject, upon signing a declaration,
before the Commissioner of the District, or a Justice of the Peace,
of his or her intention to become a British subject; but in the
event of such alien not completing his or her naturalization at as
early a period as the law admits, that he or she shall forfeit all
rights acquired.
5. No Crown Grant shall issue for any land located under this
Act, or under said regulations, until the expiration of three years
from the date of such location, nor unless nor until the locatee
or those claiming under him or her, or some of them, shall have
performed the following settlement duties, that is to say : shall
have cleared and have under cultivation at least twenty acres of
the said land, whereof at least five acres shall be cleared and
cultivated annually during the three years next after the date of
the location, to be computed from such date, and have built a
house thereon fit for habitation, at least sixteen feet by twenty feet,
and shall have actually and continuously resided upon and cultivated the said land for the term of three years next succeeding
the date of such location, and from thence up to the issue of the
Crown Grant, except that the locatee shall be allowed one month
from the date of the location to enter upon and occupy the land,
and that absence from the said land for in all not more than six
months during any one year (to be computed from the date of the
location) shall not be held to be a cessation of such residence,
provided such land be cultivated as aforesaid.
6. On failure in performance of the settlement duties aforesaid,
the location, shall be forfeited, and all rights of the locatee, or of
any one claiming under him or her, in the land^ shall cease.
7. Proof of actual settlement and cultivation shall be made by
declaration, under the " Oaths Ordinance, 1869,"by the claimant
and'two settlers in the neighbourhood, before the Commissioner
or a Justice of the Peace.
8. In case it is proved, to the satisfaction of the Chief Commissioner of  Lands and Works,   that the settler has voluntarily
J if
32
Free Grant Regulations,
relinquished his claim, or has been absent from -the land located
by him for mone than six months in any one year, or has not made
the improvements required by law, then the right to such land
shall be forfeited, and the settler so relinquishing or abandoning
his claim shall not be permitted to be located again for a Free
Grant.
9. Neither the locatee, nor any one claiming under him or her,
shall have power to alienate, (otherwise than by devise) or to
mortgage or pledge any land located as aforesaid, or any right or
interest therein, before the issue of a Crown Grant.
10. All assignments and transfers of Free Grant rights before
the issue of the Crown Grant shall be null and void, and shall be
deemed evidence of abandonment of the right, and the person so
assigning or transferring shall not be permitted to again locate a
Free 6frant.
11. All Free Grants must be staked off with posts, at least four
inches square, and standing not less than four feet above the
surface; and one such stake shall be placed at each angle of the
claim. Any tree may be used for a post, provided that it be cut
down and squared as aforesaid. No such boundary post shall be
removed without the permission of the Commissioner of the District
wherein the land-lies. Upon each post a notice in the following
form shall be affixed :—
UA. B's land N. E. post" (meaning North-East post); " A. B's
land N. W. post" (meaning North-West post); and so on,
as the case may be ;
and shall measure, West of the Cascades, 40 by 40 chains;  and
East of the Cascades, 80 by 40 chains.
12. All lines shall run due North and South, and due East and
West; and all locatees or claimants under this Ordinance must
comply, in all cases, with the official survey when made.
13. A locatee of a Free Grant on unsurveyed land shall, after
the official survey has been made, and within three months after a
copy of the map of said land has been deposited in his District,
and public notice thereof given in the British Columbia. Gazette,
make application to be located for the quarter section, or quarter
section and portion of adjoining quarter section, as the case may
be, in which the land upon which he has resided, and which he
has improved, may be. In case of disputed ownership, the Chief
Commissioner of Lands and Works shall determine the respective
rights of the adverse claimants, according to priority of record and
priority of settlement, and the fact of sucb settlement may be
shewn by actual occupation of and improvements made on the
land in dispute; Free Grant Regulations.
33
14. Any locatee shall, at any time after official survey and prior
to the expiration of the term of occupation required by the "Land
Ordinance Amendment Act, 1873," have the right or privilege,
should he or .she so desire it, of applying for and obtaining a
Crown Grant of the land included in the Free Grant location, in
the same manner as if the said land had been pre-empted in the
first instance, upon payment, however, for the land at the upset
price fixed for pre-emption claims, and upon fulfilling the conditions applicable to pre-emption claims.
15. No land located as aforesaid, nor any interest therein, shall
in any event be or become liable to the satisfaction of any debt or
liability contracted or incurred by the locatee, his widow, heirs,
or devisees, before the issuing of the Crown Grant for such land.
After the'issuing of the Crown Grant for any such land, and while
such land or any part thereof, or any interest therein, is owned by
the locatee, or his widow, heirs, or devisees, such land, part, or
interest, shall, during twenty years next after the date of such
location, be exempt from attachment, levy under execution, or
sale for payment of debts; and shall not be or become liable to
the satisfaction of any debt or liability contracted or incurred
before or during that period, save and except any debt secured by
a valid mortgage or pledge of such land made subsequently to the
issuing of the Crown Grant therefor.
16. Nothing in these Regulations shall be construed to exempt
any land from levy or sale for rates or taxes, now or hereafter
legally imposed.
17. Every Crown Grant to be issued for any land located as
aforesaid, shall^state in the body thereof, the name of the original
locatee of the said land, and the date of the location, and that the
said Crown Grant is issued under the authority of the "Land
Ordinance Amendment Act, 1873."
18. Every location shall be recorded at the Land Office in the
District, following the rules of record as to pre-emptions.
19. The Chief Commissioner of Lands and Works shall have
power to cancel any Free Grant record upon proof, satisfactory to
him, that any of the above stipulations have not been complied
with.
20. The provisions of the "Land Ordinance, 1870," and the
"Land Ordinance Amendment Act, 1873," to be complied with,
together with the above regulations. w
w APPENDIX.
Land Office Forms and Regulations.
Form of application for permission to Pre-empt.
Victoria, B. C, 18
Sir,
I beg to apply for permission to enter upon, in terms of
the " Land Ordinance, 1870," the section of land containing
acres, situate in District, and more
particularly shewn on the sketch map annexed hereto :
I remain, Sir,
Your obedient servant,
Address
To
Form of Application for Government Survey.
Place 	
Date	
To
Assistant Commissioner of Lands and Works,
Sir,—
I hereby apply for a Government Survey of the tract of
land described below ; and shall be prepared, in order to obtain a
title to the same, to pay over immediately, on completion of such
survey, to the Chief Commissioner of Lands and Works, or Sur- #
56
Appendix.
veyor-General, or his agent, the amount of instalments remaining
due to Government on account of said tract of land.
Name,
Address, ■
No. of acres claimed,
Where situated,
Whether by pre-emption or right of purchase,
Date of record,
Where recorded.
Date of Certificate of Improvement,
By whom given,
Whether claimant has posted, as required "1
by clause 33 of Land Ordinance, 1865, |
or clause 22 of Land Ordinance, 1870, V
notic3s of his intention to apply for a f
Crown Grant, j
Date of such notices,
Description of claim by'metes and bounds,
in accordance with  the  accompanying
plan,
I am not aware of any reason why a Crown Grant of the above
described land should not be issued in the name of this applicant
( ), notice of his intention to apply for such grant
having been duly posted in accordance with the requirements of
clause 33 of the Land Ordinance, 1865, or clause 22 of the Land
Ordinance, 1870, without any objection having been made thereto.
Form of Notice of application for
Lease.
a lease of
situated in
, of , intend to apply for
acres of land, for purposes,
. District, ana bounded as follows :—
and I have posted this notice at the following places :—
Any person or persons desirous of objecting to the granting of this
lease must give their reasons in writing to the Commissioner of the
District, within thirty days from the dale hereof. \
Dated, this day of 187    . Forms and Regulations. 37
Form of Notice of application to Kecord a Twenty Acre
Timbered Lot.
I, , of , intend to make
application to Record, under Order in Council dated 13th September, 1873, twenty acres of land, situated in District,
and bounded as follows: [here describe locality, boundaries, and
make sketch plan.] And I have posted notices at the following
places:
Any person desirous of objecting to the Record of the above
land, must give their reasons in writing to the Land Recorder in
the District, within thirty days from the date hereof.
Dated this day of '   A. D. 18    .
Signed,
Timbered Lot.
Form j;
Form of Application to Record a Twenty Acre Timbered Lot.
British Columbia,
 187    .
To the Land Recorder of the District of	
Sir,—I beg to apply for permission to enter upon, as a Timbered
Location, in terms of the " Land Ordinance, 1870," and amendments, and under Order in Council, dated 13th September, 1873,
the one-eighth of a quarter Section of Land, containing Twenty
Acres, situate in District, and more particularly
shown on the Sketch Map annexed hereto ; [describe the locality and
and boundaries, and make a sketch of the plan on the back of this
application.]
The land is unsurveyed, unoccupied, unreserved, and unappropriated Crown Land, and is not an Indian Settlement, and has
been unoccupied for the past six months by any person, and that
there aie no notices of application to purchase, pre-empt, or
record, or any notice of leave of absence, posted thereon ; that the
land pre-empted by me under pre-emption record No. , dated
.day of   . , 18   , situated in tm
38 Appendix.
District, is entirely prairie land, and that there is no timber
thereon, and that this land is in the vicinity thereof.
I have also staked off the said land, and posted notices for
thirty days previous to the date hereof, in accordance with the
instructions Issued by the Government, under date 27th August,
1873, to persons desirous of purchasing unsurveyed land.
The above statements, in reference to the land herein applied
for, are certified by the undersigned to be correct.
Signature of Applicant,	
Signature of two resi- "i	
dents in the- District. /	
JV. B.—The above Certificate must be signed by the applicant, and
any two persons acquainted with the facts.
Regulations to be observed by Persons desirous of purchasing
Unsurveyed Lands.
Before unsurveyed and unoccupied Crown Lands can be sold by
Government, the persons wishing to purchase must comply with
the following conditions :—
1. For thirty days, previous to making application to purchase,
a notice must be posted on some conspicuous portion of the land
intended to be applied for, on the 'Court House of the District, at
the Office of the Land Recorder of the District, and at the nearest
Inn ; and, also, notice must be given to the Land Recorder of the
District.
The said notices shall contain a clause, calling upon persons
objecting to such purchase to state their objections in writing
within the next thirty days from the date of the posting of the
notice, addressed to the Land Recorder of the District.
2. At the expiration of'the period of thirty days, the intending
purchaser must forward to the Land Recorder of the District a
written application in Form J, in duplicate, with sketch plan
thereon fully describing the land sought to be purchased, setting
forth, generally, the situation and dimensions of such land. Form
J must be signed by the applicant, and by two residents of the
District, and be accompanied with a fee of Five Dollars, and by
a payment upon the estimated acreage, at the rate of one dollar
per acre.
^s Forms and Regulations.
39
3. Upon receipt of Form J, the Lieutenant-Governor in Council,
through the Chief Commissioner of Lands and Works, will inform
the applicant as to the number of acres that he may be allowed
to purchase, the price, and terms of payment; and should the
price exceed the one dollar per acre, or the acreage be greater
than the Government may decide to grant, the applicarat will be
informed thereof, and a stated time will be fixed, within which he
will be at liberty to accept the said terms ; and should he decide
to accept the same, he must do so in writing within the time
stated, otherwise he will be deemed to have rejected the said terms,
and the deposit will be refunded. Should, however, the price of
the land not exceed the rate of one dollar per acre, the Chief Commissioner of Lands and Works will forward to him a receipt,
stating that he is entitled to such number of acres of land in Township Subdivisions as the acreage may be; said receipt not being
transferable ; and upon the survey of the Township containing the
land applied for being effected, and upon the production of the
receipt above referred to, the claimant shall be entitled to a Crown
Grant, under either the Land, Mineral, or Gold Mining Ordinances,
as the case may be, for such number of acres in Township Subdivisions as shall have been applied and paid for, and leave granted
to purchase; provided the conditions of sale, and all present or
future regulations or enactments as to the purchase of lands from
the Crown, have been complied with.
4. The land must be staked off so as to conform to the rectangular or square system of surveying now adopted by the Provincial
Government, namely, by laying the public lands out into Townships of six miles square, and subdividing each Township into
thirty-six sections of one mile square, each section containing four
quarter sections of 160 acres each. Applicants, therefore, must
conform to the above by staking off the land in quarter sections of
40 by 40 chains, or 880 yards by 880 yards ; and should a lesser
quantity than 160 acres be required, the land to be staked off 40
by 20 chains, or 880 yards by 440 yards, which will be equal to 80
acres; or, 20 by 20 chains, or 440 yards by 440 yards, equal to 40
acres ; excepting where,, from the nature of surveys made, it should
be impossible to conform to the rectangular or square system.
5. All lines are to be run due North and South, and due East
and West.
6. All posts are to be at least four inches square, and standing
not less than four feet above the surface, and firmly placed in the
ground. Any tree may be used for a post, provided it be cut
down and squared as aforesaid, No such boundary post shall be
removed without permission in writing from the Commissioner of
the District wherein tbe land lies.
J 40
Appendix.
On each post, a notice in the following Form shall be fixed:—
A. B's land, N. E. post (meaning North-east post);
A. B's land, N. W. post (meaning North-west post);
And so on as the case may be.
The boundaries so staked off shall be subject to rectification by
the Chief Commissioner of Lands and Works when surveyed, either
as an isolated or Provincial Survey, or both.
7. Should it be deemed'advisable to survey the land for which
application has been made, and issue a Crown Grant previous to
the survey and subdivision of that portion of the Province into
Townships, the same same may be done at the cost of the applicant,
and by a Surveyor approved of and acting under instructions from
the Chief Commissioner of Lands and Works. The said survey
shall be connected with some known point or boundary, so that
the land may be laid down on the maps of the District in the Land
Office, and shall be known as an isolated survey.
8. Pre-emptors may surrender their pre-emption right, and
purchase at such price per acre as may be fixed by the Lieutenant-
Governor in Council.
9. A purchaser of unsurveyed land shall, after the official survey
has been made, and within three months after a copy of the map
of said laud shall have been deposited in the District, and public
notice given thereof in the Government Gazette, make application
for a Crown Grant of the land purchased by him.
Lands and Works Department, ■
■ Victoria, 21th August, 1873.
Form of Notice of application to purchase Unsurveyed Lands.
I, , of , intend to make application
to purchase acres of land, situated in
District, and bounded as follows: [here describe locality, boundaries,
and make sketch plan.] And I have posted notices at the following
places:—
Any person desirous of objecting to the sale of the above land,
must give their reasons in writing..to the Crown Land Recorder in
the District, within thirty days-from the date hereof.
Dated this day of A.D. 18    .
Signed, .■ ■ Forms and Regulations. 41
Form J.
1873.
Application to purchase Unsurveyed Land.
To the Land Recorder of the District of	
Sir,—
I have the honor to inform you that I am desirous of purchasing from the Crown a tract of land situated [describe the locality
and boundaries, and make a sketch of the plan on the back of this application], and supposed to contain acres more or less.
The land is unsurveyed, unoccupied, unreserved, and unappropriated Crown Land and is not an Indian settlement, and has beeu
unoccupied for the past six months, by any person.
That the land is required by me for [state whether the land is taken
up either for agricultural, pastoral, timber, or mineral purposes; and
when taken up for mineral purposes, state what mineral.]
I have also staked off tbe said land, and posted notices for thirty
days previous to the date hereof, in accordance with the instructions
issued by Government, under date , to persons desirous
of purchasing unsurveyed lands, and I am prepared to purchase
said land in compliance with the said rules and instructions above
referred to, and subject to all present or future enactments as to
the purchase of lands from the Crown.
Herewith I pay to you dollars, on account of
acres of land in District, British Columbia.
The above statements, in reference to the land herein applied
for, are certified by the undersigned to be correct.
Signature of Applicant, -
Signature of two Resi- "i ■
dents in the District,   J •
N.B.—The above certificate must be signed by the applicant, and any
two persons acquainted with the facts.     

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