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Ordinances passed by the Legislative Council of British Columbia, during the session from 15th February… British Columbia. Laws, statutes, etc. 1870

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Array ORDINANCES 
PASSED BY THE 
LEGISLATIVE COUNCIL 
BRITISH COLUMBIA, 
DURING THE 
SESSION 
FROM 15th FEBRUARY TO 23Rd APRIL, 
1870.
VICTORIA, B.C. : 
PRINTED AT THE COVERNMENT PRINTING OFFICE.  ORDINANCES 
PASSED BY THE 
LEGISLATIVE COUNCIL 
BRITISH COLUMBIA, 
DURING THE 
SESSION 
FROM 15th FEBRUARY TO 23Rd APRIL, 
1870.
VICTORIA, B.C. : 
PRINTED AT THE COVERNMENT PRINTING OFFICE.  LIST   OF   ORDINANCES.
No. 1. An Ordinance to appropriate the sum of
Three hundred and forty thousand one hundred and
.five Dollars seventy-five Cents, out of the General
Revenue of the Colony, for the Contingent Service of
the Year 1870.
No. 2. An Ordinance granting a Supplemental
Supply of Two hundred and one thousand five hundred
and eighty-five Dollars and four Cents, out of the
Geueral Revenue of the Colony of British Columbia
and its Dependencies, for the Contingent Service of
the years 1868-9 respectively.
No. 3. An Ordinance respecting Practitioners in
Medicine and Surgery.
No. 4. An Ordinance to facilitate the Issue of
Crown Grants.
No. 5. An Ordinance to amend "The Common
School Ordinance. 1869."
No. 6. An Ordinance entitled the "Game Ordinance, 1870."
No. 7. An Ordinance to creat
Customs for the. Public Service.
No. 8. An Ordinance respectingtheSupreme Court
No. 9. Ad Ordinu
Municipal By-Laws,
No. 10. An  Ordinance to   alter
" County Court Ordinance, 1867."
No. 11. An Ordinance to authorize a Loan of
£75,000.
No. 12. An Ordinance to regulate the Fees of the
Supreme Court of British Columbia.
No. 13. An Ordinance to amend the "Road Ordinance, 1869."
No. 14. An Ordinance to prevent Desertion from
Merchant Ships.
No. 15. An Ordinance to assimilate and amend the
Law relating to Bills of Sale.
No. 16. An Ordinance to make general Regulations
for the establishment and management of Cemeteries
in the Colony of British Columbia.
No. 17. An Ordinance to assimilate the Law relating to the Transfer of Real Estate, and to provide
for the Registration of Titles to Land throughout the
Colony of British Columbia.
No. 18. An Ordinance to amend and consolidate
the Laws affecting Crown Lands in British Columbia.
further Duty c
e Supreme Court
respecting the enforcement of
end the  BRITISH COLUMBIA.
AKXO TRICESLMO TERTIO.
VICTORIA    REGIN^.
No. 1.
An Ordinance to appropriate the sum of
Three hundred and forty thousand one
hundred and five Dollars seventy-five
Cents, out of the General Revenue of
the Colony, for the Contingent Service
of the Year 1870.
[24!7» March, 18T0.]
MOST Gracious Sovereign:—Vc, Your Majesty's most dutiful Prcanrtifc.
and loyal Subjects, the Legislative Council of the 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 sum hereinafter mentioned, and do, therefore, most
humbly beseech Your MajeBty that it may be enacted; and
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:—
I. That there may be issued and applied out of the General Appropriation of the
Revenue of the Colony of British Columbia and its Dependencies, Revenue for 1870.
not otherwise by Law specially appropriated, for or towards making
good the Supply granted to Her Maj esty for the Contingent Service
of the Year One thousand eight hundred and seventy, the sum of
Three hundred and forty thousand one hundred and five Dollars
and seventy-five Cents, the said amount being appropriated as
^follows, namely:—
For Salaries and Allowances.
The Governor § 2,052 00
Legislative Council  900 00
Colonial Secretary  9,224 00
Treasurer  4,552 00
Auditor General  3,877 00
Chief Commissioner of Lands and "Works 7,298 00
Collector of Customs ..I.  13,820 00  •
Registrar General  485 00
Boat Office  3 200 00
Judicial  s'960 00
Police and Gaols  16,803 5-0
Gold   Commissioners and   Stipendiary! „, „. _„
Magistrates | ..) 31»578 00
Foil 88° VICTORIA No. 1.
Appropriation Ordinance.
For Services exclusive op Establishments.
Pensions , $    606 25
Revenue Services     1,000 00
Administration of Justice V':',';   5,000 00
Charitable Allowances  10,500 00
Education  10,000 00
Police and Gaols  12,000 00
Rent r.."f.[".r.....Y..-.;    1,000  00
Transport    4,660   00
Conveyance of Mails  35,600   00
Works and Buildings     9,000   00
Roads, Streets, andBridges  59,800   00
Miscellaneous Services  20,970   00
Interest  33,600   00
Drawbacks and Refunds...: ^..S^A    2,100   00
Immigration '.     5,000   00
Government Vessels ;;!?.. .*$? 19,750   00
Lighthouses ;.v.  10,270   00
Treasurer to pay on Tj, ^he Treasurer of the said Colony, or other person duly
Governor s warran . authorized in that behalf, shall issue and pay the said several sums
to such persons, for the purposes hereinbefore mentioned, upon
■ such days and in such proportions as the Governor for the time
being, by any "Warrant or Order in writing, shall from time to time
direct; and the payments so to be made shall be charged upon and
payable out of the Revenue of the said Colony and its Dependencies.
Passed the Legislative Council the Qth day of March, A. D. 1870.
Charles Goon, Philip J. Hankin,
Clerk of the Council. ■   Presiding Member.
Assented to, m Mer Majesty's name, this %Uh day of March, 1870.
A. MUSGRAVF,
Governor.
victoria, b. c:
PRINTED AT THE GOVERNMENT PRINTING OFFICE. BRITISH COLUMBIA.
ANNO   TRICESIMO TERTIO.
TICTORIJB   REGINJQ.
No. 2.
An Ordinance granting a Supplemental
Supply of Two hundred and one
thousand five hundred and eighty-five
dollars and four cents, out of the
General Revenue of the Colony of
British Columbia and its Dependencies
for the Contingent Service of the years
1868-9 respectively.
[24(A March, 1870.]
"]lfl~OST Gracious Sovereign: whereas certain further Supplies are Preamble.
Jj.1   required for the use of Your Majesty; and whereas, we, the
Legislative Council of British Columbia, do cheerfully grant the
same; we do therefore most humbly beseech Your Majesty that it
may be enacted; and
Be it .enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:—
L That the sum of Two hundred and one thousand five hundred Grants Supplcmou-
aud eighty-five dollars and four cents, be granted to the use of Her wSoppiyortaoi,
Majesty, for the purposes mentioned in the Schedule hereto, and
that the same be paid out of the General Revenue of the Colony of
British Columbia and its Dependencies, for the service of the years
1868-9; and the Governor of the said Colony is hereby authorized
to empower the Treasurer thereof to give and apply the same accordingly.
Passed the Legislative Council the 9lh day of March, A. D. 1870.
Charles Good, Philip J. Hankin,
Clerk of the Council. Presiding Member.
Assented to, in Ser Majesty's name, this 24tt day of March, 1870.
A, MTJSGRAVE,
Governor.
SCHEDULE. 33° VICTORt/E, No. 2.
Supplemental Supply Ordinance.
SCHEDULE.
1868.
Establishments.
The Governor  $ 582 15
Legislative Council    66 74
Colonial Secretary  1,539 26
Treasurer  540 53
Assay and Refinery  .".!l'.:.  504 15
Auditor General  520 87
Chief Commissioner of Lands and Works  1,027 79
Customs .....'..;.;.,„  767 08
Registrar General  M 7 75
Post Office   1,844 84
Judicial..  632 85
Attorney General  "601 49
High Sheriff.  875 00
Police and Gaols  2.312 75
Gold and Assistant Gold Commissioners   5,403 37
Exclusive op Establishments.
Pensions  .Sj 3,728 31
Revenue Services    2,153 09
Administration of Justice  1,724 62
Charitable Allowances  5,850 47
Education ■ .:  4,109 51.
Police and Gaols  3,742 99
Rent  90 41
Transport ..:.  8,571 11
Conveyance of Mails  21,643 49
Works and Buildings  19,595 33
Roads, Streets, and Bridges  9,612 19
Miscellaneous   11,621 04
Interest  832 34
Drawbacks and .Refunds   2,595 61
Government Yessels  8,818 73
Lighthouses  1,142 80
Deposits  309 08
1869.
Establishments.
The Governor  $    01 12
Legislative Council  347 20
Colonial Secretary  27 25
Customs ;..:[:  1,821 62
Registrar General   75 00
PostOffico    1,310 04
Judicial  260 66
Police  413 69
Gold and Assistant Gold Commissioners   3,279 14
'Exclusive op Establishments.
Pensions   6,110 97
Revenue Services  1,468-67
Administration of Justice   3,833 99
Charitable Allowances  1,167 25
Education ...*.'f:.  376 00
Police and Gaols  4,587 19
Rent  260 83
Transport  5,129 97
Conveyance of Mails  5,769 75
Works and Buildings  2,309 98
Roads, Streets, and Bridges  218 22
Miscellaneous  19,774 09
Interest  10,169 66
immigration  1,940 00
Drawbacks and Rofunds     258 84
Government Yessels   5,063 25
Lighthouses  1,133 11
Repayment of Deposits  1,049 86
victoria, B. 0.:
PRINTED AT THE  GOVERNMENT PRINTING 0PPI0E. 9*m
BRITISH COLUMBIA.
ANNO   TRICESLMO TERTIO.
VICTORIA   REGIN^
:##;}:****#:
No. 3.
An Ordinance respecting
in Medicine and Surgery
Practitioners
[24e7i March, 1870.]
WHEREAS it is expedient to amend | The. Medical Ordinance, preamble.
1867," and to bring the same into uniformity with Imperial
Legislation, by providing for the registration in British Columbia
of members of the Medical Profession already duly registered in the
United Kingdom, under the Imperial Statute the 21° & 22° Victoria,
Chapter 90;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:
I. Upon the application of any person duly registered under the provides for the re-
provisions of the 21° & 22° Vic, Cap. 90, such person shall, on registration of per-
payment of a fee ot Ten Dollars, be entitled to be registered under JSSJSfB "*
"The Medical Ordinance, 1867," by the Registrar appointed under
such Ordinance, on producing to such Registrar a Certificate duly
authenticated under the hand and seal of the Registrar of Medical
Practitioners in England, Scotland, or Ireland, as the case may be,
that such applicant is duly registered under the provisions of "The
Medical Act," to wit: the 21° & 22° Victoria, Chapter 90, and on
producing an affidavit made before a Magistrate, or other person
duly qualified in British Columbia to receive solemn declarations,
to the effect that he is the person named in such Certificate, and
, that such Certificate was duly granted by one of the said Registrars
as aforesaid, and that he has not lost the benefit of the same by
reason of misconduct or otherwise. The Register of Medical Prac- Register maybe am-
titioners in the said Colony may be amended in respect of any ended,
qualification subsequently acquired by any person therein registered,
on production and proof of such qualification, and on payment of
an additional fee of Ten Dollars, all such fees to be applied and
accounted for as fees under the said Ordinance.
II. Every person registered underthis Ordinance, or "The Medical Enables Registered
Ordinance, 1867," shall be entitled, according to his Qualification or Medical Practitioner
Qualifications, to practise Medicine or Surgery, as the case may be, t0 co      FcM'
in the Colony of British Columbia, and to demand and recover in
any Court of Law, with full costs of suit, reasonable charges for
profesional 83° VICTORIA, No. 3.
Medical Amendment Ordinance.
professional aid, advice, and visits, and the costs of any Medicine
or other surgical or medical appliances rendered or supplied by
him to his patients.
HI. This Ordinance may be cited as "The Medical Amendment
Ordinance, 1870."
Passed the Legislative Council the Qth day of March, A. D. 1870.
Charles Good, Philip J. Hankin,
Clerk of the Council. Presiding Member.
Assented to, in Mer Majesty's name, this 2Ath day of March, 1870.
A. MUSGRAVE,
Governor.
victoria, b. o.:
PRINTED AT THE  GOVERNMENT PRINTING OPBTCE. BRITISH COLUMBIA.
ANNO TRICESLMO TERTIO.
VICTORIA    REGIPM2.
No. 4.
An Ordinance to facilitate the Issue of
Crown Grants.
[ISffl April, 1870.]
w
HEREAS it is expedient "to facilitate the Issue of Crown preamble.
Grants to the Owners of Land purchased from the Crown;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:
I. In any case in which the Chief Commissioner of Lands and chief Commissioner
"Works and Surveyor General, or other the Officer for the time may refer claimant
being charged with the duty of Issuing Crown Grants to persons gLg^^SSt0
claiming Grants of Land  purchased previous   to   the passage
of this   Ordinance,   either   directly   or   derivatively  from   the
Crown, Bhall not be satisfied with the evidence of the validity
of the claim   of  any applicant for such   Crown   Grant,   such
Chief Commissioner or Officer aforesaid is hereby authorized and
empowered to, and shall, if required by the applicant so to do, refer
such claim, and all other matters in anywise relating thereto, to the
Registrar General of Titles, who shall examine into the Claim,
Title, or matter so referred, and proceed therein in the manner
hereinafter provided.
II. Upon evidence, to the satisfaction of the said Registrar General wh0 shall cause his
being adduced, that any such applicant whose Claim or Title has intention to recom-
been so referred as aforesaid, is in anywise reasonably entitled ™end Grant to be
to a Grant from the  Crown   of Land  either purchased from Gazetted-
the Crown by himself or by any person through whom he may
claim  Title,   the  Registrar   General   aforesaid   shall,   in   cases
where the applicant has not purchased directly from the Crown,
' cause a notice to be inserted in the  Government Gazette, for-such
space of time,  not  less than   three   calendar months,  as the
said Registrar General shall, in his discretion, deem expedient, of
his intention to recommend the issue of such Crown Grant "to the
applicant, on the expiration of the time specified in such notice,
unless, in the meantime, objection be made in writing to  him,
against the issue thereof.
HL If no such objection be made within the time limited for ReKistnir General's
■thatpurpose, the Registrar Generalshall, immediately on the expira- certificate to issue
tion thereof, or as soon as may be practicable, certify in favor of the Qrant- 33° VICTORIA, No. 4.
Crown Grants Ordinance.
MayrofortoSupre
Court or Judge.
Summar
rcfcrcnc i
issue of the Crown Grant to the applicant; and it shall be lawful for
the said Chief Commissioner,- or other Officer aforesaid, upon the
production of such Certificate, to issue and deliver tile Crown
Grant to the person so found to be entitled.
, IV". If any objection be preferred in writing as aforesaid, or if
the said Registrar General be not satisfied of the sufficiency
of the Title of the applicant, it shall be lawful for the said Registrar
General either to refuse to grant such certificate, and the applicant
or other person making any objection shall be at liberty to require
the said Registrar to refer the matter in dispute to the decision
of the Supreme Court of British Columbia, or to any Judge of
such Court, as to the Title for the time being in question, or any
matter or thing relating thereto; and such Court or Judge aa aforesaid, is hereby authorised and empowered to decide every such
matter and thing, and such decision or order shall be sufficient
authority for the Registrar General to certify in favor of the issue of
the Crown Grant to the person by such decision or order held to be
entitled to the same.
F V. The matter in dispute may be brought before the Court as
aforesaid, by way of a case stated by the claimant, or by the Registrar
General, in such form as he shall deem expedient, or before a
Judge by summons; and, thereupon, the Court or Judge shall
decide all questions of law and fact, or, if so desired by the claimant, shall order any question of fact to be tried by a Jury in the
usual way, and to direct by whom and to whom the costs, if
any, consequent on or attending the application (the granting and
amount of which costs shall be entirely in the discretion of the Judge
or Court) be paid, or the Judge may refuse to decide the matter, and
refer it to the Court.
VI. The claimant aforesaid is hereby empowered and shall be
entitled to obtain a Summons, at the Office of any Registrar or
Deputy Registrar of the Supreme Court, to any witness, with or
without a clause requiring the production of papers and documents
in his possession or control.
Every person on whom such Summons shall have been served,
either personally or in such other manner as shall be directed by
the Court or Judge,* and to whom at the same time payment or
tender of payment of his expenses shall have been made, on such
scale of allowance as shall for the time being be in force for
witnesses generally, according to the Rules of the said Court, and
who 6hall refuse- or neglect, without sufficient cause, to appear or
to produce any such papers or documents required by such Summons to be produced, shall forfeit and pay a fine not exceeding
Fifty Dollars, as the Judge shall set on him; and the whole or any
part of such fine, in the discretion of the Judge or Court, after
de'ducting the costs, shall be applicable towards indemnifying the
party injured by such refusal or neglect, and the remainder thereof
shall be paid into the Treasury of the Colony, to the use of Her
Majesty, Her Heirs and Successors.
1 Vn. The issue of any such Grant, as aforesaid, shall not bar or in
any way affect any equities that there may be attaching to or affecting the Land or the Title thereto at the time of the issuing of the
Crown Grant thereof.
VTH. No suit, action, or other proceeding shall be maintainable
at any time hereafter by any person against the Registrar General,
nor shall he or any other Officer of the Government whomsoever
be,liable for any loss, damage, costs, or expenses whatsoever, by
reason or in consequence of the issue of such Certificate and
Crown Grant as aforesaid.
Chief Commissioner     IX. It shall bo lawful fbr the said Chief Commissioner, before
may enforce produc- the issue of any Crown- Grant as aforesaid, to require and enforce the
tion of papers. delivery and. production of all papers and documents forming; the
chain of Title to the Land comprised in Bueh Grant, and the decision
or order of the Court or Judge, if any, obtained as hereinbefore
provided, and the said papers and documents, and decision or order,
Registrar may t
mon witnesses.
Power to enforce
attendance.
Issue  of Grant r
to affect equities.
Indemnifies all Government Officers, 33° VICTORIA, No. 4.
Croion Grants Ordinance.
as aforesaid, shall be deposited by such Chief Commissioner or other
Officer as aforesaid, in the Office of the Registrar General, there
to be kept as part of the Records of such Office.
X. The Registrar General is hereby empowered to administer Registrar General
oaths to all persons desirous of giving evidence relating to the may administer
Title of any person claiming a Crown Grant as aforesaid; and, also, oath3:
to require any statement made by any witness to be reduced into
writing, by way of affidavit or solemn declaration; and every witness
or other person who shall in giving such evidence before any
Judge or Court, Chief Commissioner, or Registrar as aforesaid,
make any wilful false statement, or suppress or conceal any material False statement or
document or fact, shall be deemed guilty of a misdemeanor, and concealment a mis.
upon conviction shall be liable, at the discretion of the Court by
wnich he is convicted, to be fined in a sum not exceeding One
Hundred Dollars, or imprisoned for a term not exceeding Three
Calendar Months.
XL There shall be paid to the Registrar General the sum of Eive j-60 for certificate.
Dollars for every Certificate so granted by him as aforesaid, to be
accounted for as part of the fees of the Land Registry Office.
XH. In the construction of this Ordinance the word "Governor" interpretation
shall mean and include the Officer for the time being administering Clause,
the Government of the Colony; and whenever 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 corporations as well as individuals, and several
matters and things as well as one matter or thing, unless it otherwise be provided, or there be something in the subject or context
repugnant to such construction. The words "Crown Grant'* shall
mean any Instrument in writing under the Public Seal of the
Colony conveying Laud in fee simple.
XHT. This Ordinance may be cited as the "Crown Grants Ordi- Short Title,
nance, 1870."
Passed the Legislative Council the 4th day of April, A. _D. 1870.
Charles Good, Henry P. Pellew Crease,
Clerk of the Council. Presiding Member.
Assented to, in Her Majesty's name, this lZth day of April, 1870.
A. MUSGRAVE,
Governor.
viotoria, b. o.:
PRINTED AT THE  GOVERNMENT PRINTING OFFICE.  BRITISH COLUMBIA.
ANNO TRICESIMO TERTIO.
VICTORIA    REGINJS.
No. 5.
An Ordinance to aniend | The Common
School Ordinance, 1869."
[20th April, 1870.]
WHEREAS it is expedient to remove doubts relating to the preamble,
construction of "The Common School Ordinance, 1869,"
and to amend the same;
And whereas it is expedient to make provision forthe Inspection
of Common Schools;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:—
I. It shall be lawful for the Governor, from time to time, to appoint Governor may ap-
a  fit   and   proper   person,  or   fit   and   proper   persons, to   be point Inspectors of
Inspector or Inspectors of Schools  established under the said Schools.
Ordinance, and to make provision for his   or  their  expenses;
and the   same   may be   paid   out of the General Revenue of
the Colony, notwithstanding anything in the said Ordinance contained to the contrary, and in particular to the provision in the
second Section thereof^ in the words following "provided, always,
that the expenses of any such visitation and inspection shall not
be borne by the School funds," which provision shall be and is
hereby repealed.
IL It shall be the duty of the said Inspector or Inspectors Duty of inspectors,
(whose appointment shall be notified in the Government
Gazette) from time to time, to visit and inspect all Common
Schools established under the said Ordinance, and examine, inquire
' into,-and report upon the several matters, persons, and things following, for the information of the Governor in Council:—
(1.) The management, character, efficiency, and general condition of the said
Schools;
(2.) The character and qualifications of the Teachers;
(8,) All complaints which may be made in respect of the conduct, management, or condition of any School;
(4.) The Test Books in use in the said Schools, and to see that none but those
duly approved of are used therein;
It shall also be the duty of the said Inspector or Inspectors to
examinethe children of each School at least once in every year, to
satisfy himself or themselves that every reasonable endeavour has
been 83° VICTORIA, No. 5.
Common School Amendment Ordinance:
been made for the payment of the salaries guaranteed by each Local
Board to the several School Teachers before the public grants of
money are made to the said Boards respectively by the Governor
in Council, and generally to carry out all instructions which maybe
issued to him in writing by the Governor in Council, in so far as they
may be in accordance with the provisions of the said Ordinance.
inspectors to make     III. The said Inspector or Inspectors shall make an Annual
Annual Reports.      Report to the Governor in Council, before the 81st day of December in each year, upon the condition of all Common Schools inspected by him or them, and a copy of such Reports shall be laid
before the Legislature, as soon thereafter as may be practicable.
Board of Examiners
bow appointed.
Appointment of Col
lectors.
List of Rate-payers
Boundaries of Muni
cipal    School   Die
tricts.
Right of male i
d':ii's to vote.
of Tax By-
Taxes when due.
IV. The Governor in Council shall have power to appoint, from
time to time, fit and proper persons, not less than three and not
more than five, to be a Board of Examiners for the purpose of examining School Teachers, and after examination to grant to them
certificates of competency when found advisable; and. it shall be
lawful for the Governor in Council aforesaid to refuse the payment
of any grant to any School Teacher who has not received a certificate of competency as aforesaid.
V. The Local Board of each District shall appoint some person,
or if they think it expedient one of themselves, as Collector to
collect the Tax, Rate, or Tuition Fees imposed by them,
or the sums which the inhabitants of the District may have
subscribed for the current year, and they may pay such Collector
at the rate of not more than 10 per cent, on the moneys collected
by him.
VI. The Local Board shall make out a list of the names of all
persons rated by them for School purposes, or liable tor Tuition
Fees, or for moneys agreed to be subscribed as aforesaid, and shall
annex to such list a warrant directed to the Collector for the collection of the several sums mentioned in such list; and such warrant
may be in the form in^the Schedule to this Ordinance annexed.
VlL Any School District for which'the Council of any Munici-
. pality may be or has been constituted the Local Board according
to the provisions of the said Ordinance, may include within its
limits any quantity of land outside the Municipal Boundaries as
may be or may have been approved of by the Governor in Council,
and all persons residing without such Municipal Boundaries, but
within such School District, shall be and are hereby declared to be
liable to pay all Rates, Taxes, Fees, and Sums of Money assessed
on or payable by them, in like manner as if they resided within
such Municipal Boundaries.
VUL And, whereas, it is expedient that all Male residents of
each District above the age of Twenty Years should have the right
to attend and vote at the special and annual meeting appointed to
be held under the provisions of the said Ordinance: Be it therefore
enacted that Sections VL and VIL of the said Ordinance, shall be
and are hereby amended by striking out the words "freeholders and
resident householders," and inserting in lieu thereof the words
"Male residents above the age of Twenty Years."
IX. Every By-Law passed as provided in Section VHT. of the
said Ordinance, may be in the form of a Resolution as provided in
the Schedule hereto, and shall be transmitted to the Governor and
certified under the hand of the Chairman of the meeting at which
the Resolution has been passed.
X The first annual period for which any Tax, Rate, or Sum of
Money shall be payable as aforesaid, shall commence and be deemed
to have been due on the day on which the first By-Law in any
District shall have been approved of by the Governor, and thenceforward shall be payable for any subsequentyear and be due from
the date of the approval of each succeeding By-Law duly approved
as in the said Ordinance is provided.
XL Thii S39 VT.OTOKLE, No. 5.
Common School Amendment Ordinance.
XI. This Ordinance may be cited as "The Common School Short Till*.
Amendment Ordinance, 1870."
Passed the Legislative Council the l$th day of April, A. D. 1870.
Charles Good, Philip J. Hankin,
Clerk of the Council. Presiding Member.
Assented to, in Ser Majesty's name, this 20th day of April, 1870.
A. MUSQ-KAVE,
Governor.
SCHEDULE.
Fobm of 'Warrant.
We the undersigned being the Local Board for the School District of
, by virtue of the authority vested in us by
"The Common School Ordinance, 1869," and "The Common School
Amendment Ordinance, 1870," hereby authorize and require you (here
insert name of Collector) after ten days from the date hereof, to collect
from the several individuals in the annexed list, the sums of money set
opposite their respective names, and payable under the said Ordinances
for the year ending , 18   , and to pay within
days from the receipt thereof the amount so collected to our Treasurer
whose discharge shall be your acquittance for the sums so paid, and in
default of payment on demand, by any person so rated, assessed, or
liable, you are hereby authorized and required to levy the amount by
distress and sale of the goods and chattels of the person or persons
making default, on order to be made in that behalf by a Justice of the
Peace as provided by the said Ordinance.
Given under our Hands and Seal this
day of
18
A.B.'
B.C.
CD.
Eobb ot Resolution.
Local Board.
Resolved, That the Local Board for the School District of
do collect, and are hereby empowered to collect and levy a Tax or Bate
of Dollars per head, for the year commencing the
Ty°Lir       •   .,.      .ji?   ».npon all male residents above the age of
Twenty Years in the said District. s
Passed at a Meeting held the day of 18   -
Certified by mo A. B. Chairman.
VICTORIA, b. c:
PKINIBD AT THE OOVEBHMBNT PMHTIira OmOS.  BRITISH COLUMBIA.
ANKO   TRICESIMO TERTIO.
VICTORIA   REGIN^3.
No. 6.
An Ordinance entitled the "Game Ordinance, 1870,"
[20/A April, 1870.]
TTTHEREAS it is expedient to protect Game of various descrip- Preamble.
VV    tions from being Mlled out of season, and to assimilate the
Law affecting such matters in all parts of the Colony of British
Columbia;
Be it enacted by the Governor of British Columbia, with, the
advice and consent of the Legislative Council thereof as follows:—
I. The "Game Ordinance, 1869," is hereby repealed; but such Repcflis Ordinance
repeal shall not cause to revive any Ordinance or Act repealed by of18G9.
the Ordinance hereby repealed.
IE. Prom and after the passage of this Ordinance, it shall be when unlawful to
unlawful for any person or persons to have Game in his, her, or have Game in pos-
their possession in the City of Victoria, or of !New "Westminster, or session,
in the Town of Nanaimo, or of Esquimalt, or within the distance
of One Mile from any of the said Cjties or Towns, or on board of
any Steam-boat, between the First day of March and the Tenth
day of August, in any year; or of Venison, between the Eirst day
of February and the First day of August, in any year; or to collect
or destroy the Eggs of any Grouse, Quail, Prairie-fowl, Pheasant,
or Partridge.
m. It shall be lawful  for   any Justice   of the  Peace, upon Empowers Justices
information on oath, that there is probable cause to suspect that a of Peaco t0 muko
breach of the provisions of this Ordinance has been committed, search*
or that Game, Venison, or the Eggs of Grouse, Quail, Prairie-fowl
Pheasant, or Partridge be or is likely to be on  any premises'
or on or about any person or persons within the City of Victoria or
of New "Westminster, or within the Town of Nanaimo, or, of Esquimalt, or within the distance  of One Mile from any of the said
Cities or Towns, or on board of any Steam-boat in the Harbour of
Victoria, Esquimalt, or Nanaimo, by "Warrant under his hand and
seal, to authorize and empower any Constable or Police Officer to
enter and search such premises and to search suchperson orpersons
at any time and to seize all Game, Venison, and Eggs aforesaid where-
ever found; provided, that no such Warrant shall continue in force
after the Ninth day of August in the year in which it shall have
been issued.
IV. In 38° VICTORIES, No. 6.
Game Ordinance.
Declares penalties.
Conviction not to
be invalid.
Limits application
of Ordinance.
IV. In the construction of this Ordinance, or of any information
to be laid, or any w aliSnt to be issued under the provisions herein
contained, the term " Game " shall be held to mean dead Grouse,
Quail, Prairie-fowl, Pheasant, Partridge, Robin, Lark, Thrush, or
"Wild-pigeon; and the term "Venison ' shall be held to mean the
carcass or any part of a dead Deer or Elk, or of the young thereof
respectively.
V. Every infraction or evasion of this Ordinance shall be punishable, upon conviction, in a summary manner, before any Justice of
the Peace in British Columbia, by a fine not exceeding .Bitty
Dollars, for each separate offence, to be levied by distress, or
in default of payment by imprisonment for any term not exceeding
One Month, at the discretion of the Justice of the Peace convicting.
VI. Any person giving information leading to the conviction of
any person under this Ordinance, shall be entitled to receive one-
half of any pecuniary penalty inflicted under this Ordinance.
VH. In case of any summary conviction1 under this Ordinance,
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.
VIU. This Ordinance shall not apply to Elk, Deer, or the young
thereof, respectively, killed before the Eirst day of February, in
any year; or to Grouse, Quail, Prairie-fowl, Pheasant, or Partridge,
Robin, ,Lark, Thrush, or "Wild-pigeon killed, or Eggs collected,
before the Eirst day of March, in any year.
IX. This Ordinance may be cited for all purposes as the "Game
Ordinance, 1870."
Passed the Legislative Council the lBth day of April, A. D. 1870.
Charles Good, Philip J. Hankin,
Clerk of the Council, ■  P)-esidmg Member.
Assented to, in Mer Majesty's name, this 20th day of April, 1870.
A. MUSGRAVE,
Governor.
VICTORIA, b.  c:
PRINTED AT THE GOVERNMENT  PRINTING  OFFICE. BRITISH COLUMBIA.
ANNO TRIOESMO TERTIO.
v:
No. 7.
An Ordinance to create a further Duty
of Customs for the Public Service.
[20/ft April, 1870.]
WHEREAS it is expedient to raise a further sum of money for Proamble
the Public Service of the Colony, by altering the Duty now
imposed on Spirits;
Be it enacted by the Governor of British Columbia, with the
advice and consent ol the Legislative Council thereof, as follows:
I. On and after the Twentieth day of April, A. D. 1870, in lieu imposes a Duty of
of the Duties of Customs now leviable upon Spirits and Strong $2.s.° Pcr gallon on
"Waters imported into British Columbia, there shall be assessed, sPmts-
levied, collected, and paid upon all Spirits and Strong "Waters so
imported on or after the said Twentieth day of April, A.D. 1870,
and sweetened or otherwise, for every Imperial Gallon of full
strength of proof, or less, by Sykes' Hydrometer, andin proportion
for any greater or less quantity than a gallon, the sum of Two
.Dollars and Eifty Cents.    For the purposes of this Ordinance, all
Spirits and Strong "Waters as aforesaid in Bond on and after the
said Twentieth day of April, A. D. 1870, shall be liable to the payment of the said Duty.
H.   The   duties   hereby   imposed,    shall   be   deemed   to   be suchDutytobocol-
CustoniB Duties, in all respects subject to the "Customs Consoli- lected under   Cus-
datiou Act, 1853," the "Supplemental Customs Consolidation Act, toma Acts of 1853»
1855," the "Customs Ordinance, 1867," and this Ordinance, and 1855) 18G7'
shall be under the care and management of the Collectorof Customs
for the time being for the Colony, who by himself and his Officers
shall have all the powers and authorities for the collection, recovery,
and management thereof, as are under or by virtue of the said
Customs Consolidation Acts, or either of them, the "Customs
Ordinance, 1867," or this or any other Act, Ordinance, or Proclamation vested in the said Collector, for the collection, recovery,
and management of Duties of Customs, and all other powers and
authorities requisite for levying the said Duties.
HI. Every S30 VICTORIA, No. 7.
Customs-Amendment Ordinance.
Penalties  for eva-    3H. Every evasion or attempt at evasion of or offence committed
sion. by any person or/persons to defeat the payment of any of the duties
hereby made payable on any goods or things imported into British
Columbia (which*shall include its dependencies), will in addition to
the penalties imposed by the y Customs Ordinance, 1867," be prosecuted, and punished in the manner prescribed by the said Customs
Consolidation Acts.
Short Title. XV. This Ordinance! may be' cited for' all purposes as "The
Customs Amendment Ordiuance 1870."
Passed the Legislative" Council the 19th day of April, A. X>. 1870.
Charles Good, Philip J. Hankin,
Clerk of the Council. Presiding Member.
Assented to, in Her Majesty's name, this 20th day of April, 1870.
A. MUSGRAVE,
Governor.
victoria, b. o.:   I
PRINTED AT THE GOVERNMENT PRINTING OFFICE. BRITISH COLUMBIA.
AMTO   TRICESIMO TEKTIO.
No. 8.
An Ordinance  respecting  the Supreme
Court.
[22nd April, 1870.]
WHEKEAS a vacancy has been created by the resignation of Preamble.
Joseph STeeduam, Esquire, late Chief Justice of the Supreme
Court of Vancouver Island, and doubts may arise as to the effect of
such resignation under "The Supremo Courts Ordinance, 1869,"
and it is expedient to remove such doubts and make other provisions
in view ot such resignation;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:
I. The merger of the Supreme Court of the Mainland of British KSm
Columbia, and of the Supreme Court of Vancouver Island, into jj,^
the Supreme Court of British Columbia, under "The Supreme
Courts Ordinance, 1869," shall be deemed and taken for all purposes whatsoever to have taken place as from the Twenty-
ninth day of March, A. 1). 1870, and shall be so recognized in
judicature, and thereout, in all proceedings, matters, and things by
all persons and for all purposes whatsoever.
II. Nothing in the said " Supreme Courts Ordinance, 1869," SupremeCouri orii-
contained, shall be deemed or taken to affect or invalidate any acts fnyaiikatenn/acLof
or proceedings done, commenced, or taken in the Supreme Court supreme Courts of
of Vancouver Island, or in the Supreme Court ot the Mainland of Vancouver Island or
British Columbia, or either of them, or any Decrees, Judgments, or Mainland.
Orders of the said Courts, or either of them, and whether in Equity
or at Common Law, and as well relating to Bankruptcy as to the
granting of Probate and to the administration or other disposition
of the estates and effects of deceased persons, intestate, or otherwise; and whether before or since the resignation of the said Joseph
Keedham, or such vacancy as aforesaid; aud whether made, done,
or registered by any Chief Justice, Judge, or Officer of either of the
said Courts, or otherwise, by any person whomsoever; and whether
so made, done, or registered within or without the jurisdiction of
either of the said formerly separate Supremo Courts.
HE. All proceedings heretofore commenced, taken, or continued, Provides for trans-
or purported to be commenced, taken, or continued in the said fcr°"°° of suits l°
Supremo Court of Vancouver Island, or in the Supreme Court of °c"'
the Mainland of British Columbia, or now or hereafter purporting
to be continued in or transferred into the Supreme Court of British
Columbia since the said resignation and vacancy, maybe continued
and prosecuted in the Supreme Court of British Columbia; and all
matters relating to Probate and the administration of the estates and
effects 33° VICTORS, tfo. 8.
Courts Merger Ordinance.
effects of deceased persons so commenced, taken, granted, or continued, or purported to be commenced, taken, granted, or continued
shall be prosecuted and continued in the said Supreme Court of
British Columbia^ and shall have as full force and effect, and be so
cognizable respectively, as if originally commenced, taken, and
dealt with in the said Supreme Court of British Columbia.
Suits actually pend- IV. All Acl£orfe*afidl Suits whether o*rfginal or-by* way of appeal,
ing to be transferred and whether from the County Court or otherwise, and all or any
to new Court. matters, things, or proceedings whatsoever, which at the time of
Bueh resignation or vacancy were pending" in either of the said
separate Supreme Courts, shall be transferred with all the proceedings therein to the Supreme Court of British Columbia, there to be
dealt with and decided according to the Rules, Regulations, and
practice of the Supreme Court of British Columbia, except so far
as such ©burt'm'ay think expedient to adopt for the purposes of
s\icli'transferred Scti'oife, Suits, matters and things, or any of them,
the Rules, Regulations, and practice of the Court in which the same
shall have been pending, to which end the Supreme Court of
British Columbia shall, for the purpose of such Actions, Suits,
Proceedings, matters and things, as well as otherwise, have all the
jurisdiction, power, and authority possessed by the Court from
which such Actions, Suits, Proceedings, matters or things shall be
transferred; and every person who, if this Ordinance had not passed
or such resignation or vacancy aforesaid taken place, might have
appealed to Her Majesty in Council against any Proceeding, Decree,
Judgment, Order, matter or thing of or in the Supreme Court of
Vancouver Island, or the Supreme Court of the Mainland of British
Provide? for uppcai Columbia, may, notwithstanding anything contained in "The
to Her Majesty m Supreme Courts Ordinance, 1869," appeal to Her Majesty in Coun-
Councii. cjj. against such Proceeding, Decree, Judgment, matter or thing.
Provided, always, that nothing herein contained shall affect any of
the provisions of "The Supreme Courts Ordinance, 1869," other
than is herein specifically expressed.
Appointment of Re- V. Iii addition to such Officers as may from time to time be
gistrar and Deputy appointed by the Supreme Court of British Columbia for the due
administration of justice, and for the due execution of the powers
and authorities which are by Law vested in the said Supreme Court
of British Columbia, there shall be appointed by the Governor of
the said Colony, suitable persons to be respectively Registrar and
Deputy Registrar of the Supreme Court of British Columbia.
There shall be paid to such Registrar the Annual Salary of One
thousand nine hundred and forty Dollars, and to such Deputy
Registrar the Annual Salary of One thousand nine hundred
ann forty Dollars, out of the General Revenue of the
Colony; provided, that such Officers shall retain and hold
their respective offices during the pleasure of Her Majesty, Her
Heirs and Successors. Upon any vacancy in either of the
said offices, however arising, such vacancy shall be filled up
by the Governor for the time being; but nothing herein contained
Bhall prevent the said Court from appointing District Registrars
for the said Court, for any Places or Districts in the Colony from
which the said Registrar or Deputy Registrar shall, for the time
being, be unavoidably absent.
Short Title. VI. This Ordinance may be cited for all purposes as "The Courts
Merger Ordinance, 1870."
Passed the Legislative Council the 20th day of April, A. _D. 1870.
Ciiahles Goon,
PniLir- J. Hankix,
Cla-k of the Council.
Presiding Me
Assented to, m Her Majesty's no
me, thk
22nd day of April, 1S7C
A. MUSGBAVE,
Governor.
VICI01UA,   D. C:
PHISTED AT THE  GOVEltX.MOT  l'HINTING  OTT10E. BRITISH COLUMBIA.
AOTTO   TRICESIMO TEETIO.
VICTORIA   REGINJE
No. 9.
An  Ordinance  respecting   the  enforce-
iiicnt of Municipal By-Laws.
[22nd April, 1870.]
WHEREAS it is expedient to make provision for the disposition preamble,
and apportionment of moneys collected by way of tax, fine,
penalty, or costs, under Municipal By-Laws in the Colony;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:
I. All taxes, fines, and penalties assessed, levied, and collected, Municipal Taxes,
or to be hereafter assessed, levied, and collected from any person fines, &c, by whom
i i i-i r t>   t j soever collected, t
or persons whomsoever, under or by virtue ot any By-JLaw oi any bepaid toMimrcipa
Municipality by whomsoever collected, whether by any Municipal Revenue.
Officer, Justice of the Peace, or general Police shall,.save so far as
otherwise prescribed in such By-Law, be paid over when collected
to the Treasurer or other proper Financial Officer of such Municipality, to be applied and accounted for by him as part of the
Revenue ot such Municipality, or to and in such special uses and
manner respectively, as may be declared in that behalf in such
By-Law.
H. The fees  and  costs of the  Court in or through which or Fees and Coats of
its Officers such taxes, fines, penalties, or costs may be recovered, Court,
shall be paid and applied to the Bame uses and in the same manner
as the ordinary fees and costs of the Court in which the same mav
be collected.
HE. This   Ordinance   may be   cited for all purposes   as the Sbort Title.
| Municipal Fines Ordinance, 1870."
Passed the Legislative Council ike 20th day of April, A. D. 1870.
Charles Good, Philip J. Hankjn,
Clerk of the Council. Presiding Member.
Assented to, in Her Majesty's name, this 22nd day of April, 1870.
A. MTJSGRAVE,
Governor.
victoria, b. c.:
PRINTED AT THE  GOVERNMENT  PRINTING OFFICE.  BRITISH COLUMBIA.
W
AMTO   TEICESIMO TEETIO.
;CTORI^   REGINiE.
No. 10.
n Ordinance to alter and amend the
"County Court Ordinance, 1867."
[22nd April, 1870.]
IIEREAS it is expedient to alter and amend the procedure and Preamble.
I .practice  of the  County  Courts of the  Colony  of British
iml^ht, for the purpose of better administering justice there-
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:
I. That Section VUL of the said "County Court Ordinance, ^^J |pf||?y
1867," be and the same is hereby repealed. Court Ordinance,
186V."
H. Any action commenced in a County Court for a claim provides for remov-
excocding Ten Pounds may be removed by either party, Plaintiff ing claim over £io
or Defendant, into a Superior Court, on giving to the 'other party t0 SuPerior Conrt-
five days notice of such intention prior to the return day of such
summons. Provided, always, that no such removal shall be allowed
unless some Judge of such Superior Court shall be within the
District of the County Court at the time such notice is given.   And
provided that the party applying for such removal, if Defendant in
any such action,  shall forthwith give security satisfactory to the Security to be given.
Registrar or Master of such Superior Court; or in the absence of
any such Registrar or Master, to the Judge of such County Court,
for the amount of the claim and the costs of trial, not exceeding in
all $5o0.
HI. That upon such security being completed, the parly who has Gives powers of
applied for such removal, shall forthwith set down the cause- for County CourtJudges
hearing in such Superior Court, and thereupon such Court, or the riorOourta C"
Judge thereof, shall have all the powers of a County Court Judge
as defined by the several Acts relating to the County Courts contained in Section H. of the " County Court Ordinance, 1867."
IV. That the trial of any such action or claim by any Judge of Trial with or with-
such Superior Court shall be had, either with or without a Jury, at out JlUT-
the option of such Judge or of either of the parties to any such
plaint, and the same hearing and other fees as are now payable Fees,
under the said "County Court Ordinance, 1867," or hereafter may
become payable by virtue of any rules and regulations to be hereafter made by virtue of such Ordinance, shall be the fees to be paid
and 33° VICTORLE, Ho. 10.
County Courts Amendment
Declares that no bar and no other. That nothing herein, or in the "County Court
shall exist to try Ordinance, 1867," contained, shall be deemed tojtrejudice the right
suits over £20 in 0f ^y pergon, Plaintiff in any action or suit above £20, to try such
Superior Courts.     actioa or sujt ih'the Superior Courts of this Colony.
Provides for
over £20. .
Time for appeal
appeal V. That an appeal from the decision of a County Court Judge
shall be allowed in all. cases when the amount claimed exceeds
£A0; but no appeal in matters of iact' shall be allowed when the
claim has been tried before a Jury. The Appellant if Plaintiff shall
give security in a sum not exceeding $100 for costs: and if Defendant, in a sum equal to the amount claimed together with a- sum
not exceeding $100 for costs.
VI. That the Appellant shall, within 48 hours ^after the decision
or verdict which is appealed against shall have been rendered, give
a written notice to the Judge of the County Court, orjiis Clerk, of
the grounds of such appeal, and shall, within one week'lafter the
Security to be given, hearing of the said claiin*give such security as aforesaid, otherwise
the appeal Bhall be considered abandoned.
Powers of Superfer     VH. That on every such appeal it shall be lawful for the Court
Court in appeal. '   or Judge of such Superior Court to try and determine the question
I   in dispute, either with or without a Jury; andHhe same hearing
and other Court fees shall be paid thereon as on a trial in the
County Court.
Short Title. VHX This Ordinance shall be called the "County Courts Amend-,
■   ment Ordinance, 1870."
-    Passed the Legislative Council the Idth day of April, A. L. 1870.
CnARLES Good, Philip J. Hankin,   *
Clerk of the Council.      t.   . Presiding Member.
Assented to, in Her Majesty s name, this 22nd day of April, 1870.
A. MTJSGRAVE,"
Governor.
OVERNMENT  PRINTING  OPEIOE. BRITISH COLUMBIA.
kAOTO   TRICESIMO TERTIO.
VICTORIA   REGIN.3E.
No. 11.
An  Ordinance to  authorize a Loan of
£75,000.
[2Zrd April, 1870.]
WHEREAS it is expedient to consolidate the Moating Liabilities preamble,
of the Colony of British Columbia, and for that purpose to
raise a Loan, secured on the General Revenue of the said Colony,
in manner hereinafter appealing;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:—
I. It shall be lawful for the Governor for the time being of the Governor may issue
said Colony, from time to time, or at any time hereafter, to- cause 5Ssen 'ures for
to be made out and issued, Debentures secured upon the General      '
Revenue of the said Colony, for such sum or sums, not exceeding
Seventy-five thousand Pounds in the whole, as may be required for
the purpose of consolidating the Floating Liabilities of the Colony.
H. All Debentures made out and issued under this Ordinance intere8t at 6 per
shall bear Interest at the rate Six Pounds Sterling per Centum per centum per annum.
Annum, payable half-yearly, and shall be redeemable at the expiration of Thirty Years, from the First day of September, Anno Domini
One thousand eight hundred and seventy.
HI. Every Debenture shall be for any sum or sums not less than Debentures to be for
One hundred Pounds Sterling, which the said Governor* shall £100'
determine, and which together with the Interest thereon, shall be
payable in London, at the Office of the Crown Agents for the
time being for the Colonies, or at the Treasury of the said Colony.
' And the Holder or Bearer of any of the said Debentures may alter
the place of payment of the Principal and Interest, to either the
Treasury at Victoria, or the Offices in London of the said Crown
Agents, by giving Six Months'previous notice, in writing, terminating on the JTirst day of March, or the Eirst day of September, Dates of payment of
at the previous place" of payment (the Treasury in Victoria, or at Int6reBt'
the Offices in Loudon of the Agents aforesaid, as the case may be),
of his wish to make such alteration, and causing the Officer in
Victoria acting as Treasurer for the time being, or the said Crown
Agents in London, as the ease may be, (who is and are hereby
required) to indorse on such Debenture a memorandum of the
alteration.
IV. All
. 33° VICTORIA, No. 11.
Loan Ordinance.
Method of issuing IV. All Debentures made out and issued under this Ordinance
and Registering De- ghall be signed by the Crown Agents for the Colonies, on behalf of
the Government of British Columbia, and entered in a Register to
be called the "Debenture Register," a duplicate whereof shallbe kept
by the .Crown Agents, at the Offices in London, and another
duplicate copy thereof by the Auditor General of the said Colony;
and. such Debentures shall be deemed a charge upon all the
Revenue of the said Colony, "from whatever source arising, and in
order of priority, next after the prior charges thereon already
created by "The British Columbia Loan Act, 1862," "The British
Columbia Loan Act, 1863," "The British Columbia Loan Act, 1864,"
and the "Road andHarbour Loan Act, 1862," of Vancouver Island;
and all Interest on such Debentures, and the Principal when due,
shall be paid by the Treasurer of the said ■ Colony out of such
Revenues, under "Warrant to be issued by the said Governor, in
priority of all demands thereon, except the charge and expenses of
the collection thereof, and the said prior charges on such Revenue
created by the Statutory Loans last above cited.
Form, of Debenture. V. The said Debentures shall be in the [Form marked A. set
forth in the Schedule to this Ordinance, and shall bear date on the
day of the issuing thereof, and shall be numbered arithmetically,
beginning with number one, and so proceeding in arithmetical
progression ascending, wherein the common excess or difference
shall be one.
Interest Coupons.
Debenture payable
to bearer.
Governor can authorize Crown
Agents for the Colonies to negotiate
Loan.
Disposal of Loan
when realized.
Repayment of Debentures
by Sinking Fund.
Investment of Sink'
ing Fund.
VI. Interest Coupons shall be attached to each Debenture, in
Form marked B. set forth in the Schedule hereto.
VII. The said Debentures shall be made payable to the Bearers
thereof, and shall" pass by delivery only, and without any assignment or'indorsement; and the Holder or Bearer, for the time being,
of every such Debenture Bhall have the same rights and remedies
in respect of the same, as if he were expressly named therein.
VHL 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 or the Crown Agents for the
Colonies, and at such times, in such sums, and in suchjnanner as
the said Governor may direct.
IX All moneys raised under this Ordinance shall be paid in such
manner as the said Governor shall prescribe to the Treasurer of
of British Columbia, and shall by him be placed to the credit of an
account, to be called the " Consolidated Loan Account," to be
applied to the purposes of paying off the Floating or Temporary
Liabilities of the said Colony, or of any sums borrowed or to be
borrowed, and expended for public purposes of the Colony, and to
no other purposes whatsoever; and the said moneys oh all be accounted for in the same manner as if they formed part of the Current Revenue of the said Colony.
X. The said Governor shall provide for the payment of the said
Debentures, by authorizing and directing the Treasurer of the said
Colony, subject in the first place to the said " The British Columbia
Loan Act, 1862," '"The British Columbia Loan Act, 1863," "The
British Columbia Loan Act, 1864," and the Vancouver Island
"Road andHarbour Loan Act, 1862," to the extent aforesaid, to
appropriate half-yearly out of the General Revenue of the Colony,
such sum as shall be equal to Four and one-eighth per Cent, on
the total of the principal sum for which the said ""Debentures shall,
from time to time have been issued, and be for the time being outstanding, and after haying paid the half-year's Interest therefrom,
shall invest, or cause to be invested, the residue thereof as a Sinking
Fund for the final extinction of the Debt; and shall invest, or cause
to be invested, the Dividends, Interest, or annual produce arising
from such investment, so that the same may accumulate by way
of compound Interest.
XI. All sums paid to the account of the Sinking Fund, and all
Interest or produce arising therefrom, shall be invested under
Trustees in the purchase of Imperial Government Securities, or
of 83° VICTORIA, No. 11.
Loan Ordinance.
of the Government Securities of this or any other Colony of Great
Britain. The nature of such Securities, and the selection of the
.Trustees, shall be left to Her Majesty's Principal Secretary of State
for the Colonies.
XII. Provided, that notwithstanding anything to the contrary in May be invested In
this or any Proclamation, Ordinance, or other Local Law contained, B. 0. Securities,
it shall be lawful for the said Trustees, from time to time, or at any
time hereafter; under the direction of the said Secretary of State
for the Colonies, and the instructions of the Governor, to invest
the amount of any such Sinking Fund, and the accumulation
thereof, in any Debentures or other Government Securities of
British Columbia, as well as in Imperial Securities or the Government Securities of other Colonies, and to hold every such British
Columbian Debenture or other Security uncancelled; and to receive and invest the Interest accruing thereon, for the purpose of
the Sinking Fund, in the same manner as the Debentures of any
other Colony.
Xm. Provided, nevertheless, that it shall be lawful for the said Debentures may be
Governor, and notwithstanding anything in this Ordinance con- called in and retained, he is hereby expressly authorized and empowered, from deemed on 6 months
time to time, or at any time during the currency and before the notlce-
expiration of the said Loan hereby created, npon giving Six Calendar Months' previous notice in the London Gazette, and the Government Gazette of the said Colony, of the intention so to do, to call in
and redeem all or any of the said Debentures, on payment of Five
per Cent, premium above par, in addition to the amount of such
Debentures so called in, and to make such redemption to tho
amount of such moneys as the said Governor shall, by and with the
advice and consent* of the Legislature of British Columbia, by any
Ordinance or Act to be issued and passed by him with such advice
and consent as aforesaid, or out of the Current Revenue of the
Colony; appropriate for that purpose.
XIV. All Debentures so redeemed (save those as aforesaid pur- Debentures when
chased on account of the Sinking Fund) shall be forthwith cancelled redeemed cancelled,
and destroyed; and no re-issue of Debentures shall bo made in
consequence of such redemption and destruction.
XV. From and after the date of any and every such repurchase Reduction of Sink-
or redemption of Debentures as last aforesaid, the amount then tog Fund,
payable to the Sinking^Fund shall be from time to time reduced in
exact proportion to the amount of Debentures for the time being
remaining unredeemed, and anyjnoneys remaining in the Sinking
Fund, after the Loan hereby sanctioned is fully paid and satisfied. Balance to be paid
shall be forthwith paid over to the Treasurer, and accounted for as to Treasury.
General Reyenue.
XVI. It shall be lawful for any Trustees, Executors, Adminis- Trustees may pur-
trators, or Guardians having the disposition of any Trust Moneys, to chMe Debent,ir*8*
purchase any such Debentures, by and out of rEcust-Moneys, and
every such purchase shallbe deemed a due investment of such Trust
Money.
XVH. It shall not be necessary for the said Colonial Treasurer, Payment to actual
Crown Agents, or any other person acting for or in behalf ofitne flolde/s of Debcn-
Governmentofthesaid Colony, to notice, or regard, or enquire tnro deemed e°od'
into any trust to which any Debentures shall be liable, or the rights
or authority of any one being the actual Holder or Bearer of any
such Debentures as aforesaid, but payment to the actual Holder or
Bearer thereof, or his lawful Agent,-shall be deemed in all cases
due payment, unless otherwise specially1 agreed in- writing, by and
under the hand of the Treasurer, Crown Agents, or otheojwispn
actinias aforesaid, for the time being entrusted with the sale of
such Debentures.
XV ILL. Any persoli who shall forge or alter, or shall utter, or Penalty for forgery,
dispose of, or put off, knowing the same to bo forged or altered,
any Debenture made out and issued under this Ordinance, shall be
guilty of Felony, and being thereof convicted, shall be imprisoned
for any period not exceeding Three Years, with or without hard
labour, $°M0$QM&>3$v> *M
Loan Ch'dinance.
^fmr,M;tiie,disQretionrof the Judge befp^.^hoBiapmsuch;person
shall-be itiied and Convicted.
XIX. This Ordinance may bo cited for all purposes as "The
British Columbia Loan Ordinance, 1870."
Passed the Legislative Council the 20th day of April, A. _D. 1870.
Charles Good, Philip ' J. Hankin,
Clerk of the Council. Presiding Member.
Assentedjto, in Her Majesty's name, this 2$rd day of April, 1870.
A. MUSGRAVE,
Governor.
SCHEDULE.
Form A.
BRITISH  COLUMBIA GOVERNMENT   DEBENTURES.
No.
"BRITISH COLUMBIA. LOAN OBDINANCE,  1870,"
£75,000.
For [ One hundred] Pounds advanced, to the Government of British Columbia,
the holder of this Debenture is entitled to receive Interest at the rate of Six per
centum per annum, in half-yearly payments, payable at [tlie Offices of the Crovm
Agents for the Colonies, in London, or at the Treasury, Victoria, British
Wafyfflbiq, as the case may be], on the First March, and First September, in each
year.
The said sum of [ One hundred"] Pounds sterling, with Interest thereon, is-
charged upon and made payable out of the General Revenue of the Colony of
British Columbia, under the terms of the '(British,,Qplumbia Loan Ordinance,
1870," and the Principal will be repaid [mi London, at the aforesaid Offices, or
at the Treasury, Victoria, British Columbia, as the case may be] at the ex-
prataon of Thirty (30) Years, from the First day of September, 1870.
Signed on behalf of the Government of British Columbia, and in accordance
with the provisions of the Ordinance above cited.
Registered,
   1    Crown Agents
 ) for the Colonies.
Form B.
No. BBITISII COLUMBIA.
Half-year's Interest due [ ] on Debenture No.       , payable
at the [at the Offices of the Crovm Agents for the  Colonies, London, or tlie
Treasury, Victoria, British Columbia, as the case may be.]
-, Agents General.
Sixty such Coupons, numbered ~fyom- JVb. 1 upwards, to be attached to each
Debenture Bond.
tmm$Fi$TThc Jiolders or bearers of this Debenture may alter the place of payment of Principal and Interest to the Treasury, Victoria, British Columbia,
or the Offices of the Crovm Agents for the Colonies, in London, by giving Six
'Months' previous notice in ■writing, terminating on the First day of,Mxr,cbt
and First day of September, at the previous place of payment [the Treasury
in Victoria, British Columbia, or the Offices of the Crown Agents, aforesaid, for
Crown Colonies in London, as the case may be] of [vis u>ish to make such alteration, and causing the Officer acting as Treasurer in Victoria, British Columfiffft
or the said Crown Agents for tlie Colonies, in London, as the case may be, to
indorse on this Debenture a memorandum of such alteration.
VICTORIA, B. 0.:
PRINTED AT THE  GOVERNMENT  PRINTING OFFICE. BRITISH COLUMBIA.
ANSO   TEIOESIMO TEETIO.
VICTORIA   REGINiE
No. 12.
Ail Ordinance to regulate the Fees of
the Supreme Court of British Columbia.
[26th April, 1870.]
w
HEREAS it is expedient to declare and regulate the Fees to be preamble,
paid by Suitors in the Supreme Court 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. Notwithstanding  anything   in   the   "Supreme   Court  Fees chief Justice mav
Ordinance, 1865," or in'4The Supreme Courts Ordinance, 1869," alter or vary Su-
contained,it shallbe lawful for the Chief Justice of theSupreme Court p«me Court Fees,
of British Columbia, from time to time and at any time hereafter,
to make all such general Rules and Orders as to him may appear
necessary or advisable for altering or varying the Schedule of Fees
attached to the said "Supreme Court Fees Ordinance, 1865," and for
fixing the Costs to be allowed for and in respect of any Action, Suit,
or other proceeding, matter, or thing, either at Law or in Equity,
. or otherwise howsoever, in the said Supreme Court, and either
as to the items for which Fees may be taken or the amount *
to be taken in respect of any item, and also, if deemed
proper, to fix additional items for which Fees may be taken,
as between Solicitor and Client or as between party and party,
and also the Fees to bo taken by the High Sheriff and Deputy
Sheriffs and the Officers of the said Supreme Court of British
Columbia, and the Allowances to "Witnesses, in all such proceedings, matters, and things; and also, from time to time, to make
such different Scale or Scales of such Costs, Fees, and Allowances,
or any of them, for different portions of the Colony ot British
Columbia, as to him may appear necessary or advisable, specifying
at the head of each such Scale, if there shall be more than one, the
portion or portions of the Colony to which the same shall be applicable, and to make all such Rules and Orders, and Scales as to Fees
of Court, and Costs between Solicitor or Attorney and Client, or
otherwise generally, and whether by payment of costs and charges
in detail or by a lump sum in full of ordinary costs, or partly by the
one mode of payment and partly by the other, or in any other way,
as shall seem in the discretion of such Chief Justice most expedient
for the due administration of Justice in the said Supreme Court of
British Columbia.
H. No 33° VICTORIES. No. 12.
Supreme QpwqUfflfaes Ordinance.
Alteration of Fees IX No alteration or addition, under the previous Section, shall
to bo approved by Dg of any forco or validity until it shall have been approved by the
the Governor. Governor, and ^published in the Government Gazette for one calendar
month.
Fees to be accounted
for as part of the
General Revenue.
HI. All Fees of Court whatsoever received by the Supreme Court
or any other )Court in the Colony (except Fees for Office Copies,
which shall/be taken by the' Officer by whom or under whose
authority the same shall be made for his own proper use) shall be
paid over and accounted for as part of the General Revenue.
XV. This Ordinance may be cited for
Supreme Court Fees Ordinance, 1870."
all purposes as "The
Passed the Legislative Council the 20th day of April, A. D. 1870.
Charles Good, Philip J. Hankin, *
■   Clerk .of tlie Council. Presiding Member.
Assented to, in Her Majesty's name, this 26lh day of April, 1870.
A, MUSGRAVE,
Governor.
PRINTED  AT THE
VICTOHIA, B.- C.tj|(
INMENT  PRINTING BRITISH COLUMBIA.
AMTO   TEIOESIMO TERTIO.
VICTORIA   REGIME.
No. 13.
An Ordinance to amend the "Road Ordinance, 1869."
I21tk April, 1870.]
WHEREAS it is expedient to explain and amend the "Road preamble.
Ordinance, 1869;"
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:—
I. Sections IV., VI., XTV., XVHL, XXTT., and XX Ml. of the BepeaispartofRoad ■
"Road Ordinance, 1869," are hereby repealed. .IOrdinance, i860.
But all acts lawfully done, taxes or costs created or imposed, Saves ^sting
and rights acquired under the said Sections, or any of them, or the rights,
said Ordinance, shall not be affected or prejudiced by such repeal,
but be dealt with as if the same had not taken place.
H. In lieu of Sections PV. and VT. so repealed, be it enacted
as follows :—
| The Esquimalt and Metchosin Road District shall be and include Esquimait-Metcho-
Esquimalt District, Metchosin District, and Sooke District, accord- sia District.
Ing to the boundaries of such Districts as laid down on the Official
Maps thereof.
" The Lake and Saanich Road District shall be and include North Lake-Saanich Dis-
Saanich, South Saanich, Lake, and Highland Districts, according trict.
to the boundaries of such Districts as laid down on the Official
.Maps thereof."
IH. In lieu of Section XIV. of the said Ordinance, so repealed,
be it enacted as follows;—
"Every Male Person above Eighteen Tears of age, resident at the Who mugtPayRo*4
period of Assessment in any Road District created or which may Tax.
be created under the provisions of this Ordinance, shall pay an
Annual Tax of Two Dollars.
"Every Person possessed of any interest in any Real Estate,
not exceeding Ten Acres in extent in any of the said. Road Districts,
shall pay an Annual Tax of Two Dollars for each and every such
quantity of Land as aforesaid.
"Every Person possessed of any interest in any Real Estate,
in any of the said Road Districts, which shall exceed Ten Acres
in extent, 6hall pay for every additional Acre or portion of an Aere
over such Ten Acres a further Annual Tax of Four Cents.
"Provided, 33° VICTORIA, No. 13.
Poad Amendment Ordinance.
"Provided, that p.p person assessed in respect ofReal Estate shall
be liable to pay, in addition thereto, the Annual Tax of Two Dollars as hereinbefore mentioned; but he shall in all cases where
resident in any District, and possessed of any interest in Real Estate
therein, be assessed and liable to pay only the Tax in respect of
such Real Estate.
One Tas on joint "Provided, ilso, thatyJofhihg contajiied herein, or in the said
interests sufficient. "Road Ora^n«rree,x86^,^sna^De'3eemed or taken" to convey, or
to have conveyed, the meaning that two or more Persons interested
in the same Real Estate as aforesaid,^ standing in the relation of
Lessor and Lessee, Mortgagor and Mortgagee, or interested therein
as Shareholders or Partners in any Chartered or Incorporated Company, or in any Partnership or Firnqnshall each be or be deemed to
have been liable for itne Tax at which such 'Real Estate shall be
or have been assessed."
Employer to deduct IV. 'Every merchant, farmer, trader, or employer of labour shall
Tax from employe. be; and-is1 hereby authorized to pay the Annual Titx of TwdTDoTlars,
due or to become due by any person or parties in his employment,
and to deduct the total amount so paid on account of such person
or^parties-?from*the amount of salary or* wages due or to become
due to him or them from such employer, upon production and
delivery of the receipt therefor to such person or persons.
Court of Appeal. ~V- The Governor shall, by any writing under his hand, published
in, the Gov^nment^Gazette^ov any other newspaper published in the
said Colony, appoint; (and-ii'om-time to time, by any such writing
similarly published, alter and vary such^a^oiutment^^tjrdiisfidis-
cretion) any person or persons to be and sit as a Court 01 Appeal
fi5r)]jiay Kisttict^nDistricts, the first sitting of which shall be held
on the First day of February in each Year, or ^ejFJrst^jM^dav-
li'Irare^eaiter^'and on anyHSubseque'nt days'such Court may appoufi
during the month of February.
Who may appeal. jit such Court of Appeal it shall be lawful for any person assessed
as-aloregaid, who shainieel'^grievedby'rettson of being assessed^'
or by reason of the amount at-which -ho or any other per^njis
assessed, or by-re$sbn of some person or persons improperly omitted,
from the List and not assessed, either by himself or his agent to
, appeal' against such Assessment, and the Court shall either confirm,
.'., ' amend, or disallow such Assessment, as to them shall seem requi-
Decision final. siteyiand such decision shall be final, and shall not be moved by
Certiorari, or otherwise, Tnfo*8rSuperi'6r Court.
The Collector shall attendlsflch Court oftA^eal£wbe«iretM<jj<l>
and snail beallowed at the rate of Three Dollars, out of the^Ffcrates
Revenueroftbe Colony, for each day's attendance at theisaidr G.OUrt.
i -b^ojJpiln lien of Section XKR. of such Ordinance, repealed as
a&resaidV-be it enacted' as follows:—
Recovery of Tax by " Auy.Taxdue under .the: xn'ovisions of this Ordinance, which/snail
not be Tjara^within Thirty Days of the period when it shalljhave;
become due, may be recovered at the suit or ins^wice of tn%,$oJ-j
I&Wr;^n%'mMrdhky manner, before a Stipendiary <M,agistrate or
two Justices of the Peace, together with the costs of'the proceedings,;, such amount of Tax; add, costs to be reeoveredabynaistRss
On the1 goods and chattels, wherever found,..of the rfersonicliwble
torjjay. Jta^dJS&Ea ffd f°v tne purposes of tbiB OrdinancS'fill
trees and timber, whetiher severed or uusevered, shall be ddenxedj
to be goods and chattels."
VTI. In lieu of Section XSUX of the said Ordinance, so repealed
aaiaforee^dbwttcen^tedia^'rollows:—
"In case ofthe insufficiency of any such distress, the Magistrate
dr>$us$Se§ &R&e&nd! m^'maee1 an order to cause the amount so
adjudged due, or then remaining due, together with the costs of
prptjeedi^fii'.to be paisd^T^hinLSevenDays, and thereujjdn^and
thence!?^ 1foe:>s#meJsh^^ of Eighteen;
B95#fP&<Pw.Annum,*,untilfpaid and satisfied. All orders-tkPfoftdS
as aforesaid, shall be transmitted to and filed of record in t&e,*Cfen'd>
Registry
distress.
I 33° VICTORIA, No. 13
JRoad Amendment Ordinance.
Registry Office, and entered, on the application of the Collector,
as a charge against any Land in respect ofwhichthe Tax so in Charge on the land,
arrear shah have been made, and such order and charge shall include any costs or expenses leviable under the provisions of this
Ordinance."
VTEL In the case of any party or parties possessed of any interest Absentees compet-
in any Real Estate being absent from the Colony, without having in led to pay Tax.
the Colony any known authorized agent who will pay the amount
of Tax assessed against such party or parties in regard of Land, the
Land in respect of which such Tax shall be assessed shall be held
to be liable for the amount; and the amount of all such Assessments as Taxes, together with any costs due thereon, with interest.
on such total amount as aforesaid, shall be registered as a charge
in the Land Registry Office, as aforesaid. Provided, always, that
the sum assessed, as aforesaid, on the said party or parties in respect
of the said Land, may be recovered by summary process, on complaint of the Collector, before any Stipendiary: Magistrate, or two
Justices of the Peace, after proof of service of the summons, by
affixing a copy thereof on some conspicuous place on the said Land
in respect of which such Tax has been assessed, or upon the Court
House (if any) of the District in which the Land is Bituate, or if
there be no Court House in such District, then upon the Court
House of the adjoining District, and such poBtingup shallbe deemed good service of such summons; and thereupon it shall be lawful
to levy the amount due for Taxes, with the costs of seizure and sale
of the timber and improvements (if any) on the said Land; such
sale to be made in such manner and form as the said Magistrate
or Justices shall direct.
IX. Provided, nevertheless, that it shall be lawfulfor Her Majesty, Materials gratia for
Her Heirs and Successors, and her and their assignees and licensees, Roads, Bridges, &c.
and all persons duly authorized in that behalf under instructions
from the Lands and Works Department, to take from any Country
Land in the Colony of British Columbia, 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.
X. This Ordinance may be cited for all purposes as the "Road Short Title.
Amendment Ordinance, 1870."
Passed Vie Legislative Council tU 21st day of April, A. D. 1870.
Charles Good, Philip J. Hankxn,
Clerk of the Council. Presiding Member.
Assented to, in Her Majesty's name, this 21th day of April, 1870.
A. MTJSGrRAVE,
■ Governor^
victoria, b. o.:
PRINTED  AT THE  GOVERNMENT  PRINTING OFFICE.  BRITISH COLUMBIA.
AjSSTO tkicesimo teetio.
VICTORIA   REGIN^l,
No. 14.
An Ordinance to prevent Desertion from
Merchant Ships.
[27tt April, 1870.]
w
HEREAS it is desirable to prevent desertion from Merchant Ships;
And whereas certain evil disposed persons are in the habit of loitering about Preamble:
Merchant Ships in toats and otherwise, for the purpose of inciting Seamen to
Desert or attempt to Desert, and it is expedient to prevent such practices in
Be it enacted by the Governor of British Columbia, with the advice and
consent of the Legislative Council thereof, as follows:
I. Every person who by any means whatever, persuades or attempts to per- Inciting Seaman to
suade, or incites, or attempts to incite, any Seaman or Apprentice to neglect or Desert, or secreting
refuse to join, or to Desert from his Ship, or otherwise to absent himself from |aEQ*j,r?n   offenco'
his duty, shall for each such offence, in respect of each such Seaman or Apprentice; incur a penalty not exceeding Fifty Pounds; and every person who wilfully
harbors or secretes any Seaman or Apprentice who has Deserted from his Ship,
knowing or having reason to believe such Seaman or Apprentice to have done
so, shall for every such Seaman or Apprentice so harbored or secreted, incur a
penalty not exceeding Fifty Pounds.
II. Every infraction of this  Ordinance shall be punishable, upon summary Pnnishable by sum-
conviction before any Stipendiary Magistrate or any Two Justices of the Peace mai^ co&viction,
of British Columbia, by a penalty not exceeding Fifty Founds, or in default of
paymemyby imprisonment for any period not exceeding Six Calendar Months,
with or without hard labour at the discretion cf the Magistrate or Justices convicting.
Provided, that nothing herein contained shall be'construed to prevent the orbylndictmcntasa
Magistrate or Justices, before whom any offender against any of the provisions misdemeanor,
of this Ordinance shall be brought, from committing such offender for trial
before any Court of Assize, or Court of Oyer and Terminer, which may be
held in the said Colony of British Columbiaj and every such Court and every
Chief Justice and Judge thereof, or presiding thereat, shall be and is hereby
fully authorized and empowered to enquire into, hear, and determine any and
ovorv such offence, which shall ho deemed a misdemeanor,-and upon the
conviction before any such Court of any such offender so committed for trial,
the offender so convicted shall be sentenced to and punished by any fine not Penalty, fine or im-
exceeding Five hundred Dollars, or to imprisonment in one of Her Majesty's prisonment.
Gaols, for any term not exceeding Two Years, and with or without hard labour
as in the discretion of the Court or Judge so convicting the justice of the
case shall seem to require.
Provided _J
33° VICTORIA, Ko. 14.
Merchant Ship Desertion Ordinance.
Not triable twi
same offence-
is for Provided that nothing herein contained shall be construed to prevent any person committing an offence under this Ordinance, from being arrested, tried, and
convicted, under any Law or Statute, Imperial or Local, before any Court having
jurisdiction over such offences, but so only that the same person shall not be
punished twice for .the same offence.
Informality not to invalidate conviction,
HI. No conviction under this Ordinance shall he removable by certiorari,
or otherwise, into a Superior Court j nor shall any Warrant of Commitment
upon a conviction under this Ordinance he held to be invalid by reason of any
informality or defect, if it he therein alleged that the offender has been
convicted, and there be a good and valid conviction to sustain the same.
TV. This Ordinance may he cited for all purposes
Desertion Ordinance, 1870."
the "Merchant Ship
Passed the Legislative Council the 22nd day of April, A. JD. 1870.
Charles Good, Philip J. Hanktn,
Clerk of the Council. Presiding-Member.
Assented to, in Her Majesty's name, this 21th day of April, 1870.
A, MUSGRAVE,
Governor*
toria, b. c:
IVERNMENT PRINTING  OFFICE. BRITISH COLUMBIA.
ATOTO   TEICESIMO TEKTIO.
VICTORIA   REGINJE
****:!:**:•:***:
No. 15.
An Ordinance to make general Regulations for the establishment and management of Cemeteries in the^Colony of
British Columbia.
[28ft April, 1870.]
WHEREAS it is expedient to make general Regulations for the Preamble,
establishment, maintenance, and management of Cemeteries
in the Colony of British Columbia;
Be it enacted by the Governor of British Columbia, "with the
advice and consent of the Legislative Council thereof, as follows:
I. It shall be lawful for the Governor, from time to time, to Srn?ruS X
appoint so many Trustees as he may think fit for any Public pUbiic Cemeteries.
Cemetery in British Columbia; every such appointment to he published in the Government Gazette of the Baid Colony; and the
Trustees so appointed, and their successors to he appointed as
hereinafter mentioned, shall have power to hold any Lands or hereditaments that may be conveyed to them by Deed or Grant from
the Crown, or by any other sufficient Deed of Conveyance, on
trust, for the establishment or purpose of a Public Cemetery.
IL The Governor of the said Colony sha51 have power, from time Governor may re-
to time, to remove from the said trusts any Trustee of any such nopj£ch Trustoe?
Cemetery as and when he shall think proper; and, also, on the TrnateeshTps.™01"
death, resignation, or removal of any Trustee appointed under this
Ordinance, to appoint another in his stead; and every such removal
and appointment shall be published in the Government Gazette; and
upon the publication thereof, without any further conveyance, the
legal estate in all lands and hereditaments respectively held by any
such Trustee, in trust for the purposes aforesaid, shall vest in such
new Trustee as the case may require; and a copy of the Government
Gazette shall be deemed sufficient prima facie evidence of Buch removal respectively, in all proceedings whatsoever.
HI. It shall be lawful for the Governor, out of any part of the Governor may ap-
Puhlic Revenues of the said Colony appropriated, or to be appro- J?or£011 iJ*Jfc*otw
priated, for the establishment of Cemeteries, to direct such Bums of or Cemetones-
money as he may think fit to be. paid to any Trustees to be appointed as aforesaid, and to their successors, in trust for the establishment and management of any Cemetery in the said Colony;
nnd every such sum shall, in the discretion of the Governor, be
either 33° VICTORLE, No. 15.
Cemetery Ordinance.
either lent to such Trustees, to be repaid out of the Pees as hereinafter mentioned, or where from the situation of the Cemetery, or
any other circumstance, it shall seem improbable that such Pees
will be sufficient to defray any such loan, such sum shall, in such
discretion as aforesaid, be paid to such Trustees in trust for the
establishment and management of the Cemetery. Provided that
in case of any sum being so lent as aforesaid," it Bhalttje lawful for
the Governor to require such security over the Pees- hereinafter
mentioned as may be expedient, but no such security shall involve
any of the said Trustees in any personal liability.
Powers of Trustees IV. The Trustees of any such Cemetery shall have power to
for the care and or- enclose any Land so to be granted or conveyed as aforesaid, with
Cemeteries.11 ° proper and sufficient walls,- rails, fences, or palisades, and to erect
suitable gates and entrances, and to lay out and ornament such
Cemetery, in such manner as may ha most convenient and suitable
for the burial of the dead, and to embellish the same with such
walks, avenues, roads, and shrubs, as may to them seem fitting and
proper, and to preserve, maintain, and keep in a cleanly and orderly
state and condition, and cause to he so maintained and kept the
whole of any such Cemetery and its walls and fences', and all*
monuments, tombstones, enclosures, buildings, erections, walks,
and shrubberies therein and belonging thereto; and shall layout
and expend, subject to the directions of the Governor, the moneys
in their hands, from time to time to be received by them under
this .Ordinance, in and about the matters aforesaid,,and in the
burial of poor persons.
Trustees may make     ^"- The Trustees of any such Cemetery shall have power and .
Rules and Reguia- authority to make such Rules and Regulations, and to do and
tions to govern     perform, and to cause to be done and performed, all' such acts,
Cemeteries. matters, and things as may be necessary and proper for any of tlie
purposes aforesaid, and for directing'the positions of all graves and
vaults to be made in the said Cemetery, the depths of the .graves,
and construction of coffins to be admitted into vaults; and the
covering of vaults, so as to prevent the escape of any noxious
exhalation or evaporation in the said Cemetery, and for protecting;
the buildings, monuments, shrubberies, plantations, and enclosures
therein" and thereof from destructions or damage; and shall have
power to prosecute all persons who shall or may at any time do or
cause to be done any damage to any such buildings, monuments,
tombstones, plantations, or enclosures. Provided that the said
Trustees shall not, by any Rule or' Regulation, or any act, matter,
or thing, at any time interfere directly or indirectly with the performance of any Religious Ceremony in the burial of the dead
according to the "usage of the Communion to which the deceased
may have belonged, or with the original distribution of the said
Lands or hereditaments made or intended by any Deed of Grant or
other Conveyance to. and amongst separate and distinct Religious
Denominations ami Communions.'" Provided, that no such Rule or
Regulation shall be in force until the same has been submitted "to
the Governor, and published in the Government Gazette-.'.
Ministers of all De- "VL It shall'be lawful for the Minister of any Denomination for
nomination to bave which any portion of such Cemeteries shall be specially set apart,
free accesu to Ceme- to have free access and admission to such portion of the said Ceme-
teriM- teries; at all times, as-they respectively shall think fit, and freely to
exercise their spiritual functions therein, without any hindrance or
disturbance; of the Trustees of the said Cemetery, or any person
whatsoever.'
Trustee* may estab- "vTI. It shall be lawful for the Trustees of any Cemetery to per-
lish scales of Fees init any vault or grave to he dug and made in such Cemetery, and
for graves, monu- any monument of tombstone to be erected or placed in any parts
ments, &c, 0f any such Cemetery as they may think proper, upon payment to
them, by the person desiring to dig and make such vault or grave,
and to erect and place such monument or tombstone, of such fees
as shall from time to time be established by the said Trustees; and
any person bo digging and making such, vaults or erections, or
erecting and placing such monument in such Cemetery, by and
with such permission as aforesaid, and upon payment of the" fees
aforesaid, 33° VICTORIA »d. IS:
Cemetery Ordinance.-
aforesaid, shall be entitled to have- maintained and kept up such
vault, monument, or tombstone* according to the terms of such
permission, to and for the sole and separate use of such person and
his representatives for ever.   Provided, that a scale of all such fees
shall have been previously made by the Trustees, with the consent
of the Governor, and published in the Government Gazette.   Prov> ^me t0 be PnMist-
ded, also, that apian of every monumeut proposed to be erected
and placed shall be exhibited to the said Trustees, before such per- Plans ofmonuments
mission as aforesaid is given, and that the said Trustees shall be at m° b? 8TJbmittea t0
liberty to withhold bucE permission and prevent the erection of any   rus ""'
monument which shall appear to them inappropriate or unbecoming, and shall determine and fix the position of any monument
which may be proposed to be erected, according to the description,
size, and character thereof, having reference to the general plan
for ornamenting the said Cemetery in an appropriate manner.
Provided, further, that nothing herein contained shall be deemed
to prevent the said Trustees from allowing the Burial of any poor
person in such Cemetery, free from any charge whatsoever.
Vm. The said Trustees shall allow any Religious Body at their Provides for orect-
own expense to erect for their use a Mortuary Chapel or Building^ng Mortuary chap-
for the celebration oPaBy-Burial Service, and the position 'of such cls-
Building shall be left to the decision of the Trustees.
IS. All Meetings of Trustees of any such Cemetery shall be con- Rules for Meetings
voned according to rules to be adopted by them for such purposes, of Trustees,
and all questions, matterB, and things, which shall be discussed or
considered at any such Meeting, shall be decided and determined
by the majority in number of the Trustees then present.    Provided
that the said Trustees, being Three or more in number, shall not be
competent to proceed to business! unless there be at least Two of
them present; and all'such Trustees shall have power to make such
Rules and Regulations as may be nefcessary for their- own- guidance*-
and management.
X. A, full and particular account' shall be kept by the Trusteed of Trustees  to   keep
every such Cemetery, of all sums, of money received ajnd 'expended proper accounts,
by them, and an abstract of snch account made up from theday of
their first appointment, to the Thirty-first day of December in the
first year, and from the Mrst day of January, to the Thirty-first day
of December, both inclusive, in such subsequent year, and such
account and abstract shall be transmitted to the Colonial Secretary, To bo sent to Coio-
on or before the^irst day of March in every year, and shall be veri- nial Secretary,
fled respectively by a declaration by Three at least of such Trustees,
and every such abstract shall be published in the Government Gazette,
and if any such Trustee shall wilfully make a false statement in any
such declaration in any material matter in such account, he shall be penalty   for   non-
deemed guilty ot misdemeanor and punishable accordingly; and if compliance,
any such Trustee shall omit to make and transmit such accounts
and abstracts, he shall on conviction before any Two Justices, forfeit
and-pay for every such- offence a sura not exceeding One hundred
JJollars.    Ihe said Trustee shall send' along with such account a
statement of the   condition   of such   Cemetery,  as   to repairs
order,.and-ornament, and,a suggestion as to the alterations necessary or expedient in the ensuing year in such repairs, order, and
ornamentt/.andlanreatimate of the expense which may probably be
•incurred in effecting the same; and the Governor upon examination
ot the said accounts, statements, suggestions, and estimates, shall
direet-the manner-in which the balance of moneys in the hands of   ■
such Irus^aesi&airbfi appropriated, and shall if any sum so lent or
aavanced as^fdresaidk tin-paid, determine the proportion (if any)
to be apphedm payment of such sum, and the amount to he expended m the laying out or improvement of such Cemetery in the
n™g ye,arA an,d evei7 8uoh direction shall be published in the
OmimmaU Gazette, and thereupon the Trustees shall pay such pro-
?h« ™M^ fT^t0 ?/r Ma5e8ty> Her H™«. "a* Successorsffor
the public uses of the said Colony, and in support of the Government thereof, and if nc.such sumshall have teen lent, or if lent,
snail have been paid oft, the balance (if any) in the hands of the
Trustees 33° VICTORIA, No. 15.
Cemetery Ordinance.
Trustees shall be expended in the improvement of such Cemetery,
and the interment of poor persons.
Penalty for injuring     XL If any person shall wantonly or wilfully destroy, or do, or
Cemeteries. cause to be done, any damage to any monument, vault, tombstone,
building, erection, railing, fence, shrubbery, tree, or plant, in any
of-the said Cemeteries, he Bhall be guilty of a misdemeanor, and
being convicted thereof before any Two or more Justices of the Peace
(who are hereby authorized to hear and determine in a summary way,
any complaint thereof made by the said Trustees, or by any Officer
or Servant employed by them in the said Cemetery, or by any person to whom the burial place may belong) shall be liable for every
such offence to a penalty not exceeding One hundred Dollars, or
at the discretion of such Justices to imprisonment for any period
not exceeding Three Months, and any person who shall do, or cause
to be done, any injury to any such monument, vault, tombstone,
■ building, erection, railing, shrubbery, tree, or plant, whether the
same- snail have been done wilfully, or wantonly, or otherwise
howsoever, shall be liable to pay a reasonable sum of money byway
of damages and compensation therefor, which said sum of money
shall be recoverable in any Courts of competent jurisdiction in the
said Colony, by the Trustees of any such Cemetery, or any person
injured by such damage.
Disposal of penal-     X'lT. The money arising from all penalties and forfeitures imposed
ties. by this Ordinance when recovered, shall be paid one moiety thereof
to the Trustees of the Cemetery, in respect whereof any such
penalty or forfeiture may have been imposed for the purposes of
such Cemetery, and the other moiety to the use of Her Majesty,
Her Heirs, and Successors.
summary juriadic-    SHI. All proceedings under this Ordinance shall be had and
tion.    * taken in a summary way, and no such proceeding in pursuance of
this Ordinance shall be quashed for want of form, or be removed by
certiorari or other process into the Supreme or other Court.
Cemeteries to be free
■of all taxes.
XIV. M"o Land acquired for Cemetery purposes under this Ordinance shall be liable to any rates, taxes, or charges, Municipal,
Parliamentary, or otherwise.
XV. In the construction of this Ordinance the word " Governor"
shall be held to mean the Governor of this Colony for the time being,
or other the Officer administering the Government of this Colony for
the time being; and whenever in this Ordinance in describing or referring to any person or party, matter or thing, any word importing the
the masculine gender or singular number is used, tho 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.
XT. This Ordinance may be cited for all purposes as the
"Cemetery Ordinance, 1870."
Passed the Legislative Council the 22nd day of April, A. D. 1870.
Charles Good, Philip J. Hankin,
Clerk of the Council. Presiding Member.
Assented to, in Her Majesty's name, this 2Stk day of April, 1870.
A. MUSGRAVE,
Governor.
victoria, b. a.:
MINTED  AT THE  GOVERNMENT PRINTING OFFICE. BRITISH COLUMBIA.
'AOTO TKICESBIO TERTIO.
VICTORIA    BEGINiB.
No. 16.
An Ordinance to assimilate and amend
the Law relating to Bills of Sale.
[llth May, 1870.]
WHEREAS it is expedient that the Law relating to the Regis- Preamble,
tration of Bills of Sale of Personal Chattels be made uniform
throughout the Colony;
Beit enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:
I. "The Bills of Sale Act, 1861," and "The Bills of Sale Amend- Repeal of former
ment; Act, 1866," of the former Colony of Vancouver Island, and Actfl-
also an Act of the Imperial Parliament passed in the 17th and 18th
years of the reign of Her Majesty, Chapter 36, and intituled an "Act
for preventing frauds upon creditors by secret Bills of Sale of
Personal Chattels," shall be and are hereby repealed, save and exigent
that every act, matter, and thing, lawfully done thereunder, "Qjfid
every right and privilege thereby acquired, shall be and are hereby
valid, and effectual, and reserved, and preserved, to all intents and
purposes as if this Ordinance had not been passed.
H. Every Bill of Sale of Personal Chattels made after the passing ah Bills of Sale
of tliis Ordinance, either absolutely or conditionally, or subject or v.oid as ftga>nst As^
not subject to any trusts, and whereby the grantee or holder shall g^tered wStMn^li
have power, either with or withoutnotice, and either immediately days,
after the making of such Bill of Sale, or at any future time, to seize
or, take possession of any property and effects comprised in or made
subject to such Bill of Sale, and every Schedule or Inventory which
shall be'thereto annexed or therein referred to, or a true copy
thereof, and of every attestation of the execution thereof, shall,
together with an affidavit of the time of such Bill of Sale being
made or given, and a description of the residence and occupation
of the person making and giving the same, or in case the same shall
be made or given by any person under or in the execution of any
process, then a description of the residence and occupation of the
person against whom such process shall have issued, and of every
attesting witness to such Bill of Sale, be registered as follows:—
If executed* in Vancouver Island and affecting property therein, by
filing the same in the Office of the Registrar General of Titles in
Victoria; if executed on the Mainland of British Columbia and
affecting property thei cin, by filing the same in the Office of the
Stipendiary Magistrate of the District in which the property intended to be affected is situate, or in the office of some other person
appointed 1 VICTORIA,. No. 16.
PUls of Sale Ordinance.
appointed in that behalf; and the said Bill of Sale, or copy thereof
with affidavit as aforesaid, shall in all cases hereinbefore
mentioned bo so filed within*twenty-one days aftt'i* the making or
giving of such jJEJill of Sale, otherwise such Bill of Sale shall
as against all Assignees of the Estate an'ffEti'eets of the
person whose goods or any of them are comprised iu such
Bill of Sale, under the Laws relating to Bankruptcy or Insolvency, or unde* fftl^^esfgSm*e£4'fi>r the benefit of the Creditors
of such person, and !as ^against/ 'all SHeriffs Officers ancl other
persons seizing any property or effects comprised in such Bill
of Sale in the execution of any process of any Court of Law or
Equity authorizing the seizure of the goods of the person by whom
or of whose goods such Bill of Sale shall have been made, and
against every perspni'^ffi^S'hf'S.elb^halfisiicli p>acess shall have been
issued, be null and void to all intents and purposes whatsoever, so
far as regards the property in or light to the possession of any Personal Chattels comprised in such r^ffiof Sale, whlM^at or after til®"
time*of such Bankruptcy or of filidg-lne -InsMvenfr's Petitibn^in^sucn
Insolvency, or of the execution by the Debtor of such Assignment
fgr^tjje, benefit of his Creditors, or of executing such process (as. the.
case may be), and after the expiration of the said period of twenty-
one days, shall be in the possession or apparent possession of the
person making such Bill of Sale^ :or of any person against whom the
S*ocess shall have issued under or in the execution of which such
ill of Sale shall have been made or given, as the case may be.
'fne .^ma'avit aforesaia'may be in the form in the Schecufle hereto"'
annexed m>rkedA.
If filed in Office of IU. "Where such Bill of Sale, or copy thereof with affidavit as
Stipendiary Magie- aforesaid,.is filed in the Office of the Stipendiary-Magistrate, or
a^"P^lca*e7t0i other person as'k'fbresaid, a Duplicate thereof (duly certified as in
rftr Form B. in the Schedule to this'Omiriance).shall be forwarded by
the first opportunity, free of charge, by tbe-Magistrate, or other
gersoni^sa^sir^aid, to the R&glstrar General; to be depositedtinfliis
Office.
Defeasance or con-     ^V If sudh Bill Pf S&B'&hall be.Im^aSehor. given, subject to any
dition of every-BHl. defeasances :or condition, or declaration of trust bofcOutained in the
of Sale to be written body thereof, such defeasanc&p condition, or declaration oijrtrusi,':
on   esame paper,   gj^^ jjqj. the purpose, of this Ordinance, be takeniias iparf of such
BilL of Sale, anidishalhbe written on the same paper or parchment
onjsdiich such Bill of Sale shall be written,'befdre the time when.
th^filWe or a copy thereof respectively shallbe filed, otherwise such;
Bill of Sale shajlibe null and void to allintenlsiand'pnrposesagainsti
the sametpersons arid as regards the'same>]?iroperfy};ana9BaTeets; as/
if such Bill of Sale, or a eopyi thereof^ had.ndb-hSeri.filed according^
to the provisions of this Ordinance.
trate
be sent to Reg)
General.
Interpretation ot:
term "Registration."
V. Thfi -filing/ of- a Bill of Sale, or a copythisrjeofjwdthfithe Afll-
dfcv&i is hei"einaftei!^refflrBfidttoiaS'tJa&'Registration/of a Bill 6fiSale;(
Bills of Sale to be
VI. The Registration of a Bill of Sale, shall, during the subsistence
re-regietercd erery 5 of such seeuriffo'be renewed in manner hereinafter mentioned once
years,                    in every period of Five Years, comniijncingiiom the day of the Regr=
iStr&tiOn, and if not sorenewod such Registration shall cease to be of
a^Jeffcctatthe'expiration of any period, of Five Tears, during which
#Tenlwjap!'ijas not been made ^-hereby requjrecj) subject to this
urSB'Sion, that where a period of Five Years rj'rpm the original
Registration of any Bill of Sale, prior to the passing of this Ordinance, has expired before the firsfday, of January One thousand
ei^(?nufid^ed and seventy-one, such .Bill of Sale shall be as valid
to all intents and purposes as it would have been if this Ordinance
had nqt^een passed, if such Registration bq renewed in manner
aT5re$aid before the first day of January, One thousand eight hundred and seventy-one.
VII. The Registration of a'Billof Sale shall be renewed-by some
person fildn^m'the office of the Baid Registrar General of Titles,
OT*: Stipendiary Magistrate,   or   other  person   as   aforesaid,  an
Affidavit^sUting the date of suob Hll'of^Sale' and the iiames, residences,
Affidavit of renewal. ' VICTORIA, No. 16.
LUls of Sale Ordinance.
dences, and occupations, ofthe respective parties thereto, as stated
therein, and also the date ofthe Registration of such Bill of Sale,
and that such Bill of Sale is still a subsisting security, and the
Registrar General of Titles, or Stipendiary Magistrate, or other
person as aforesaid, shall thereupon number such Affidavit,
and re-number the Original Bill of Sale or copy filed in the said
office with a similar number.
VIII. Every Affidavit renewing the Registration of a Bill of Sale Dnpiicate to be sent
may be in the Form C. given in the Schedule to this Ordinance, t° Registrar Gen-
and where such Affidavit is filed in the Office of the Stipendiary-'oral-
Magistrate or other person as aforesaid, a .Duplicate thereof certified as such by the Magistrate or other person as aforesaid, shall be
transmitted by the fir=t opportunity by the said Magistrate or other
person as aforesaid, to the Office of the Registrar General, to be
there deposited.
IX. The Registrar General, and Stipendiary Magistrate, and/Books to be kept
other person as aforesaid, shall cause every Bill of Sale, and; JJJJ^f^^Jf^J^
every such Schedule and Inventory as aforesaid, and every such
Gqpy-jiand every Affidavit of Renewal filed iu his Office to be numbered; and shall keep a Book or Books, in whieh he shall cause to
be entered a numerical list of every such Bill of Sale, and Copy,
and Affidavit of Renowal, containing therein the name, addition,
and description of the person making or giving.the same; or, in
case the same shall be made or given by any.person under or in the
execution of process as aforesaid* then the name, addition, and
description of the person against whom such process shall have
issued, and also ofthe person to whom or in whose favour the same
shall have beeu given, togetheriwith the number affixed to the said
JSill of Salvor Copy, or Affidavit of Renewal as aforesaid; and the
date of thCsaid Bill ot Sale, or Copy, and of the Registration
thereof, and the date of the .filing: the said Affi.4ayit) of Renewal;
and all such particulars shall be entered according to the Form D.
giveu in the Schedule to this Ordinance; and the said Book, and
every Bill of Sale, or Copy, and Affidavit filed as aforesaid, may be
searched and-^viewed by all persons, at alio reason able times, upon
payment for every search ofthe fee of Fifty Cents.
X. The said Registrar General, and every Stipendiary Magistrate, Feee to be taken.
and other person as aforesaid, shall be entitled to receive for filing
every Bill of Sale, or a Copy'thereof, or Affidavit of Renewal
as aforesaid (including the taking of any affidavit), the sum ot Two
Dollars, and no more; and any person shall be entitled to have an
Office Copy or an extract of every Bill of Sale, or ofthe Copy
thereof, or of an Affidavit of Renewal as aforesaid, upon paying for
the same at the rate of Twenty-five Cents per Folio of One hundred
words.   '*?,*?^1
XI. All affidavits required by this Ordinance to be taken, and Beforo whom a&d*-
made, may be taken by and made before the Registrar. General Yits m&y bo made-
or Stipendiary Magistrate, or other person as aforesaid, or by and
before any Judge, Registrar, Deputy Registrar, or Clerk of a Court
having a 'Seal, or byi and .before auy ".Notary Public practising
within the Colony.
XH. The Registrar General, and every Stipendiary Magistrate How satisfactioa
and other person so appointed as aforesaid, is hereby empowered ma^ ke-e»*ere<L
to enter'Satasfaction-npon any Bill of Sale, or Copy the'rJeof, upon
" being satisfied that the Debt (if any) for which such Bill of Sale is
given as' security'Kas been discharged; but in "alY'cascs where the
conserit-of the grantee, assignee, or. mortgagee, has- not been*ob-
tained, satisfaction phall not be entered without an order from a
Judgefof the Supreme or County Court obtained for ftaj^rpose.
XITX AlLmoneys, o,ther than charges made for taking and fur- Pees to be paid into
nishing copies-*of*<Btlls of- Sale, Affidavits, and other documents, Treasury,
(which shall.be retained by the person taking and furnishing the
same for his own use) received by the Registrar General, and
Stipendiary Magistrate, and other person appointed as aforesaid,
under this Ordinance, shall be paid into the Treasury for the use
of Her Majesto Her Heirs and Successors.
XIV. The 38° VICTORIES, No. 16.
BiUs of Sale Ordinance.
Index Book to be
kept.
Interpretation
Clause.
XIV. The Registrar General, and Stipendiary Magistrate, and'
other person appointed as aforesaid, shall keep an Index Book showing in alphabetical order the names of all persons making or giving
Bills of Sale, and of all persons against whom process shall have
issued as aforesaid, together with a cross reference to the volume1
and folio of the Book directed to be kept as in the 9th Section of
this Ordinance provided; and the Registrar General shall also
keep an Index Book, in manner aforesaid, of all Duplicates of Bills
of Sale, or copies thereof, and affidavits aB aforesaid, transmitted
to him as hereinbefore provided.
XV. In construing this Ordinance, the following words and
expressions shall have the meaning hereby assigned to them, unless
there be something in the subject or context repugnant to such
conMiictions; that is to say:—the expression "Bill of Sale" shall
include Bills of Sale, Assignments, Transfers, Declarations of Trust
without Transfers, and other Assurances of Personal Chattels, and
also Powers of Attorney, Authorities, or Licences to take possession
of Personal Chattels as security for any Debt; but shall not include
the following Documents, that is to say:—Assignments for the
benefit of the Creditors of the person maldng or giving the same,
Marriage Settlements, Transfers or Assignments of any Ship or
Vessel, or any share thereof, Transfers of Goods in the ordinary
course of business of any trade or calling, Bills of Sale of Goods in
foreign parts or at sea, Bills of Lading, Warehouse Keepers' Certificates, Warrants or Orders for the delivery of Goods, or any other
Documents used in the ordinary course of business as proqf of the
possession or control ot Goods, or authorizing or purporting to
authorize, either by endorsement or by delivery, the possessor of
such Document to transfer or receive Goods- thereby represented.
The expression " Personal Chattels " shall mean Goods, Furniture,
Fixtures, and other Articles capable of complete transfer by
delivery, and shall not include Chattel interest in Real Estate, nor
Shares or Interests in the Stock Funds or Securities of any Government, or in the Capital or Property of any Incorporated or Joint
Stock Company, nor choses in action, nor any Stock or Produce
upon any Farm or Lands which by virtue of any covenant or
agreement, ought not to be removed from any Farm where the
same shall be at the time of the making or giving of such Bill -
of Sale. Personal Chattels shall be deemed to be in_ the
apparent possession of the person making or giving the Bill of
Sate, so long as they shall remain or be in or upon any
House, Mill, Warehouse, Building, Works, Yard, Land, or other
Premises occupied by him, or as they shall be used and enjoyed by
him in any place whatsoever, notwithstanding that formal possession thereof may have been taken by or given to any other person..
The term "Vancouver Island" shall be held to include .that part
ofthe Colony formerly being the Colony of Vancouver Island; and
the term " Mainland of British Columbia" shall be held to iuelude
the remaining portion of the Colony.
XVI. This Ordinance may be cited as-the "Bills of Sale Ordinance, 1870."
Passed tlie Legislative Council the 21st day of April, A. D. 1870.
Charles Good, Philip J. Hankiii,
Clerk of the Council. Presiding Member.
Assented to, in Mer Majesty's name, this nth day of May, 1870.
A. MUSGRAVE,
Governor.
THE schedule; 33° vTCTORLE, No. 16.
Bills of Sale Ordinance.
THE   SCHEDULE.
Form A.
I, of make oath, and say as follows:—
1. That the paper writing hereunto annexed, and marked A., ia a true Copy
of a Bill of Sale, and of every [or, where the original is filed, "is the Bill of Sale
and every"] Schedule or Inventory thereto annexed, or therein referred to, and
of every attestation of the execution thereof, as made, and given, and executed
by
2. That the Bill of Sale was made and given by the said , on
the       day of          , in the year of Our Lord One thousand eight hundred and
3. That I was present and did see the said in the said Bill
of Sale mentioned, and whose name is signed thereto, sign and execute the same
on the said         day of           , in the year aforesaid.
4. Thac the said at the time of the making and giving the
said Bill of Sale, resided and still resides at , and then was and still
5. That the name set and subscribed as the witness attesting
the due execution thereof, is of the proper handwriting of me this deponent, and
that I reside at                         , and am
Subscribed to, and sworn before mp, this        day of A. D  18
Form B.
I hereby certify that the Document hereunto annexed is a Duplicate of the
Bill of Sale (or " of the copy of the Bill of Sale," as the case may be) and of the
Affidavit, as filed in this Office on the day of 18
A. B.,
To the Registrar General. Stipendiary Magistrate at
day of
11 of dale
Form C.
I, A. B., of do swear that a Bill of Sale, bearing date the
18   , and made between and which said
[or "and a Copy of which said Bill of Sale," as the case may be] was filed in the
Office of the Registrar General of Titles, or in the Office of the Stipendia y
Magistrate or on the day of 18    , and is still
a subsisting security.
Subscribed to, and sworn before me, this       day of       18   .
A. B.
Form D.
By whom given, or
against whom process
issued.
To
whom
given.
Nature of
Instru-
Date of
Instrument.
Date of
Registration.
Date of
filing
Affidavit
of
Renewal.
Date of
satis fac-
Name.
Residence.
Occupation.
entered.
VICTORIA,  E. 0.:
PRINTED AT THE  GOVERNMENT PRINTING  0FFI0B.  i       iW^Si^^H^kJ^E.    jE\
aaBKHaup
BRITISH COLUMBIA.
ANNO TRICESIMO TERTIO.
VICTORIA    REGIN^3.
No. 17.
An Ordinance to assimilate the Law
relating to the Transfer of Real Estate,
and to provide for the Registration of
Titles to Land throughout the Colony
of British Columbia.
[15/ June, 1870.]
"ITTHEREAS it is expedient to estahlish a Registry of Titles to Real Preamble.
W     Estate   throughout the  Colony of British Columbia,  and to
assimilate the Law relating to the Transfer.thereof, and for that purpose
to repeal certain Acts and Ordinances hereinafter mentioned;
Be it theroforo enacted by the Governor of British Columbia, -with the
advice and consent of the Legislative Council thereof, as follows:—
LAND REGISTRY OFFICE.
I  One calendar month after the passage of this Ordinance, there Establishment of
shall be established in Victoria, by notice in the  Government Gazette, an Land Registry Office.
O.fice for tlio Record of Instruments and the Registration of Titles
affecting Real Estate, which shall ho styled the " Land Registry Office."
IT. The Governor shall, from time to time, appoint a fit and proper Appointment of Reg-
person to-perform the duties ofthe said office, and such person shall bo istrar General,
a Barrister or Solicitor, admitted to practise as such in the Supreme
Courts, of the Colony,and shall bo styled the "Registrar General of
Titles;" arid it shall be lawful for the Governor to assign to him a
Salary of not exceeding Two thousand four hundred and twenty-five
Dollars per annum.
III. It shall be lawful for the Governor to establish, in such other District Offices,
parts  of the Colony  as he  shall determine, District  Offices for the
Recording of Instruments and Registration  of Titles affecting Real
' Estate situate within such Districts, and to appoint fit and proper
persons, to be styled "Deputy Registrars," to perform the duties of Deputy Registrars,
such office; and in every such appointment the limits of the District
shall be defined. Every act done by any Deputy Registrar shall have
the like force and effect as if done by the Registrar General; and every
such Deputy Registrar shall have and possess the like qualifications as
are required ofthe Registrar General.
IV. The Registrar shall keep the Land Registry Office open for the office Hours,
transaction of ousiness on every day, except such days as may be appointed by the Governor as a general or public holiday, or Christmas
Day or Good Friday, from the hour of ten in the forenoon until the
hour of four in the afternoon, and on Saturdays from the hour of ten in
the forenoon until the hour of one in the afternoon; and it shall not be Registrar not to
lawful for him whilst he holds office to practise within the Colony as a practise.
Barrister, Solicitor, or Conveyancer.
V. Every 33° VICTORIA, No. 17.
Land Megistry Ordinance.
Registrars  to
security.
Registrar may appoint a Deputy.
i aforesaid, shall give security
i such manner and to such
ritoring  on his office, as  the
Repeal   of   former
Acts.
Records to be transmitted to head office.
All Deeds to be acknowledged.
Before   whom  acknowledgments to bi
i     V. Every Registrar to be appointed <
for the duo performance of his duties,
amount, and shall take such oath on
Governor shall deem fit.
VI. The Registrar may, subjeot to the approval of the Governor,
nominate a Doputy in his office, of the like qualification with the
Registrar, and may rcmov-o-him and appoint another in his place whenever he thinks, it necessary; and in caso of the death, resignation, removal, or forfeiture of office of the Registrar, the Deputy Registrar shall
do and perform all and every act, matter, and thing necessary for the
due execution ofthe said office, and such appointment shall be notified,
from time to time, in the Government Gazette; and it shall not be lawful
for any Deputy Registrar", whilst he holds the office, to practise within
the Colony as a Barrister, Sbltetbor, or Conveyancer. Every Deputy
Registrar, before he enters on the execution of his office, shall take the
same oath appointed to be taken by the Registrar.
REPEAL OF ACTS.
TIL Immediately after the establishment of the said Land Registry
Office, the "Land Registry Act, 1860," and'tbe "Land Registry Amendment Act, 1865," of the former Colony of Tancouver Island; and, also,
the "British. Columbia Land Registry Act, 1861," and the "British
Columbia Land Registry Extension Ordinance, 1864," shall he and are
hereby repealed; save and oxcopt that all acts, matters, and things
lawfully done thereunder shall not thereby be affected, and all rights
and interests created by the said Acts and Ordinances, or any of thent
shall bo and are hereby expressly preserved and reserved in like mariner as if this Ordinance had not been passed, and not^thsfanding, anything heroin contained to the contrary; and in particular, tho rights
and emoluments of office enjoyed by or belonging to the Registrar. General of British Columbia under tho said "British Columbia
Land Registry AfcftJ 1861," and tho "Crown Officers' Salaries Act, 1SG3,"
are herebypreserved and reserved. Upon the establishment of the said
Office, all Records and Documents then being in the Land Registry
Office, at Now Westminster, shall be transmitted to the Land Registry
, Office, at Victoria, and form part ofthe Records ofthe said Office.
ACKNOWLEDGMENTS OF EXECUTION OF DEEDS.
Till. Before any Deed or Instrument executed subsequently to
the 8th day of October, 1865, other than a Decree, Judgment,
or Order of a Court of Civil Jurisdiction, is recorded or registered, and
to entitle the same to be so recorded or registered, the execution thereof
shall first have been acknowledged or proved in the manner hereinafter
provided, and such fact of acknowledgment or proof shall appear by a
Certificate under the hand and seal of the proper Officer or otherperson
authorized to take such acknowledgments, endorsed upon or attached
to such Deed or Instrument.
IX. The acknowledgment or proof of execution of all Instruments
Hereby authorized to be recorded or registered,
If acknowledged or proved within the Colony, may be made—
To the Registrar or Deputy Registrar,
Or, to any Stipendiary Magistrate ofthe Colony or of any Town or
District thereof,
Or, to any Judge or Registrar of a Court having a Seal,
Or, to any Notary Public practising within tho Colony;
And if acknowledged or proved without the Colony and within the
British Dominions, may be made—
To any Judge of a Court, or  Clerk  or  Registrar of any Court
having a Seal,
Or, to any Notary Public,
Or to any Magistrate of any Town or District within the said
Dominions having a Seal of Office,
Or to any person commissioned in that behalf by tho Governor Ovno
4 hereby authorized to appoint such and so many persons as ho
may think fit);
And if acknowledged or proved without tho British Dominions, may
To any British Ambassador, Charge d'Affaires or Minister, Consul
or Consular Agent appointed to reside in the Country where
such acknowledgment or proof is made, ■ fia •■
Or to any Judge of any Court of Record having a Seal,
Or to any Notary Public practising in such Country, duly certified
k 38° VICTORLE, No. IT.
Land Registry Ordinance.
to bo a Notary Public by somo British ■ -Ambassador, Charge
d'Affaires, Minister, Consul or Consular Agent.
And every such acknowledgment of Instruments executed; without
this Colony shallLbeiSufficientto entitlothe same to be recorded or registered, notwithstanding anything in this Ordinance contained to the
contrary, and particularly the provisoes in Section XI., hereinafter following.
X. ISTo acknowledgment of tho execution of any Instrument affecting p„!011a makill„ ac.
any Real Estate within this Colony shall be taken, unless the^arty.jmcm^dgmciits  to
offering to make such.acknowledgment shall appear before tho Officer appear in person.  |
taking the same, and unless such party shall either be personally known
to the Officer, or his identity be proven by tho oath or affirmation of a
competent Witness, and such Certificate of Acknowledgment shall recite
in substance and legal effect the facts required by this Section.
XI. Acknowledgments and proofs of-tho execution of Instrument!
By whom   acknowledgments   may   be
entitled to be registered or recorded may, for tho purposes of this Ordinance, be made by,
1. The party executing in person such Instrument;
2. The Attorney in fact, when such Instrument is executed by an Attorney
in fact;
3. The Secretary of any Corporation, when such Instrument is executed by
such Secretary.
4. A Subscribing Witness to such Instrument.
Provided, always, that no acknowledgment of any party oxecutinein K  •, ,   •     ,,
person such Conveyance, Deed, or other Instrument shall be talten.'Smenti"        W"
unless m addition to what is required by Section X. of this Ordinance
such party acknowledge that he is the person mentioned in such Instru-
mentwthe maker thereof, and whose name is subsoribe'd -thereto as a
party, that ho knows the contents thereof, and that ho executed'the'
samo voluntarily;   and such Certificate of Acknowledgment shall, in
addition to what is required  by Section  X. to be recited, recite jn
substance and legal effect tho facts required by. this proviso.   And provided also, that no acknowledgment by an Attorney in fact shall be
taken, unless in addition to what is  required by Section X. of this
Ordinance,   such Attorney in fact shall acknowledge that he is tho
person who subscribed the name of (naming the maker) to tho Instrument, that said (naming tho maker) is tho person mentioned in the
Instrument as tho maker thereof, that (naming tho Attorney in fact)
knows the contents of tho Instrument, and subscribed the name of
(naming tho maker) thereto voluntarily, as the free act and deed of the
said (naming tho maker); and such Certificate of Acknowledgment shall
m.iiddition to what is required by Section X. to bo recited, recite in
substanoo and legal effect tho facts required by this proviso.   And
provided also, that no acknowledgment by the Secretary of any Corporation shall be taken, unless in addition to what is .required by Section
X. of this Ordinance such Secretary acknowledge that bo is the person
who subscribed his name and affixed tho Seal of snob Corporation as
tho becrotary to such Instrument, and that ho was first duly authorized
to subscribe and to affix the said Seal to tho samo; and such Certificate
ot Acknowledgment shall, in addition to what is required by Section X.
to bo recited, recite in substauco and legal effect the facts required by
this proviso.  And, provided also, that no acknowledgment by a married
woman shall bo taken, unless in addition to what is required by Section
X.^such married woman shall bo first mado  acquainted with the
contents ofthe Instrument, and tho nature and effect thereof and shall
acknowledge on oxamination apart from and out of hearing of her husband, that she knows the contents ofthe Instrument and understands
tho nature and effect thereof, that sho executed tho samo voluntarily
without tear or compulsion or undue influence of her husband, that sho
is ot lull age and compotent understanding, and docs not wish to retract
"I???*0" °'*e «™s; and every sucn Certificate of Acknowledgment shall in addition to what is required by Section X to bo reeitef
recite m substance and legal effect the facts required by this proviso
And provided that no acknowledgment or proof by a subscribing wit
ness shall be taken,.unless in addition to what is required by Section
f'.°* ™s ^mance, such subscribing witness shall acknowledge that
he is the person whose name isVbscriSed to the Instrument as a witness
and shall prove that (naming the maker) whose name i-subscribed
A%t    f,   '° Tker' dld °^ont6 th0 8»m°; and such Certificateof
Acknowledgment or proof shall, in addition to what is required by
Section 1 VICTORIA, No. 17.
Land Registry Ordinance.
Instruments acknowledged may be read
in evidence•
Where
grantor
Section X. to be recited, recite in substance and legal effect the facts
required in this proviso. Provided, also, that the acknowledgment or.
proof of Instruments required to be made or done as hereinbefore mentioned, may be in the forms in the Third Schedule hereto.
XH. Every Instrument which shall be acknowledged or proved and
certified as in this Ordinance prescribed, shall, together with the Certificate of Acknowledgment or proof, be read in evidence in all Courts of
Law and Equity, without further proof of execution, and in the case of
a married woman without any other acknowledgment.
Xni. "When the Witness to any Deed or Instrument affecting Real
Estate, or the grantor or other person divested of property therein -
named has died, or is absent from the Colony, or under disability,
and neither such witness nor grantor is within the Colony, it shall
be lawful for the Registrar, on being satisfied ofthe fact, and upon the
testimony of any person acquainted with the signature of such witness,
grantor or other person as aforesaid making affidavit of his belief that
tho signature is the writing ofthe person it purports to be stating his
reasons therefor, to receive such Instrument for the purpose of Record
or Registration, in like manner as if such signature had been acknowledged according to the foregoing provisions.
TRANSCRIPT OF DEEDS.
Instruments may be XIV. It shall be the duty of the Registrar, when requested, and upon
recorded by copy, payment of the proper Fees, to Record in Books to be kept for that'
purpose, and to he called the "Record of Conveyances," the "Record of
Pre-emption Claims," the "Record of Mortgages," the "Record of Wills,"
and in other Books with appropriate titles, all Deeds and Instruments in
any manner affecting Real Estate or the title to any interest therein,
by correctly transcribing or copying the same, together with every
endorsement thereon or certificate attached thereto, word for word,
letter for letter, figure for figure, sign for sign, and erasure for erasure.
Cross references. XT. References to such Record shall be made in the Register Books
of the Title to which such Instruments relate.
Office copies may be XVI. The Record of any such Instrument as aforesaid (except a "Will
received in evidence. or Codicil) or any copy of the same, duly certified by the Registrar may,
in the absence of the original when the absence of such original is duly
accounted for, and if produced by a party not having the control of the
original, be read in evidence in all Courts of Law and Equity without
farther proof; hut the production of such copy shall not preclude the
Registrar from requiring the production of the original Documents in
those cases when such production may bo deemed necessary for tho
purpose of registering any Title thereunder, as hereinafter provided.
XVII. Upon the opening of any District Office, a transcript of the
Records and Registrations affecting Real Estate in such District, prior
to such opening, shall be sent to the Registrar of such District by the
Registrar General, and shall be kept in such District Office as part of
the Records of such Office.
XVLTI. The Registrar shall endorse on every Instrument so recorded,
a memorandum ofthe date of such Record, and a reference to the volume
and page of the Record Book in which the transcript has been made.
REGISTRATION OF TITLE.
Registration of Title XIX. Every person claiming to be the legal owner in fee simple of
to absolute fee. Real Estate may apply to the Registrar for Registration thereof, m the
form marked A. in the First Schedule hereunto annexed, and the Registrar shall, upon being satisfied after the examination ofthe Title Deeds
produced, that a, prima facie Title has been established by the applicant, ,
register the Title of such applicant in a Book to be called the "Register
of Absolute Fees," in the form marked B. in the said First Schedule;
and also, shall transcribe in another Book to be called the "Absolute
Fees Parcels Book," a description of the land to which the Title relates,
in the form marked C. in the said Schedule.
Registration of Title xX. Every person claiming any other or less Estate than the Absolute
to other estates. pee or aily mortgage or other incumbrance upon, or any equitable
interest whatever in Real Estate (other than a judgment, Crown debt, or
leasehold interest in possession for a term not exceeding Throe Tears),
may apply to tho Registrar for Registration thereof, in the form marked
D. in the said Sohedule, and the Registrar shall, upon being satisfied after
examination of the Title Deeds produced, that a, prima facie Title has been
Transmission of ret
ords to district oilic
Endorsement of record.
established by the applicant, register the Title ofsuch applicant in a Book
to be called the "Register of ObargeB," -*-
in the form marked E. in tho 88° VICTORIA, No. 17.
. Land Pegistry Ordinance.
said Schedule; and- shall transcribe in another Book to be called the
"Charges Parcels Book,? a description ofthe land to which the charge
relates, in the form marked F. in the said First Schedule.
APPLICATIONS FROM THE INTERIOR OF THE COLONY.
XXI All Stipendiary Magistrates, other than those resident within the Magistrates may re-
Town and District of Victoria, and until the appointment of Deputy ceive applications
Registrars as hereinbefore provided (when the powors hereby conferred a°nrd tra^m^Docu-
on such Magistrates shall cease and determine), are hereby authorized mentB to the Head
and required to receive applications for Registration and Record from Office,
owners of land or any estate or interest therein situate within the
District for which such Stipendiary Magistrate shall have been appointed.
1. Where   a   transcript   only   is    required,   tho   Magistrate   shall   endorse on each document of title a memorandum to the following effect,
"Received for Record day of ,187    .at
o'clock.                          (Signed) A. B., Stipendiary Magistrate at "
2. Where the title is required to be registered, the applicant shall fill up
and sign the usual paper in the Form A. or D in the said First Schedule
hereto provided, and thereon shall be endorsed the day and hour of receipt,
as in the memorandum last mentioned.
All documents of title and other papers, shall thereupon be transmitted
by the Magistrate, through the General Post Office, as a registered letter,
without charge to the applicant, to the Registrar General at Tictoria.
"When registration or record has been effected, the necessary deeds and papers,
together with a memorandum ofthe fees thereon, shallbe returned by the
Registrar   General   to   the   Magistrate,   who   upon   receipt   of    the
said fees shall deliver the same to the applicant.
.No   Magistrate or Registrar shall   be   responsible   for  any damage   or Not responsible, for
loss occasioned by, or consequent upon, the transmission of documents as 1°8S by transmission
aforesaid, except the same shall occur from his own wilful neglect or of Documents,
default;
XXII. The limits of tho Districts aforesaid shall he defined by tho Limits of Districts.
Governor, and varied from time to time, by notice in tho  Government
gazette, and thereupon all applications for Record and Registration may
'be made to tho Stipendiary Magistrate of tho District until a Deputy
Registrar be appointed for such District as aforesaid, and then to such
- Deputy Registrar only.
XXIII. The description of parcels shall in all eases where possible be Description of par-
that contained in the instrument which vests the property in the person cels"
whoso Title is Registered, and the Registrar shall have power to call
for evidence of identity of any such parcels with the original grant or
conveyance of such land before effecting Registration.
XXIT. The Registrar shall enter in tho Absolute Fees Book a cross Cross references,
■reference to the volume and folio ofthe Register of Charges in every
case where tbe Title to the Absolute Fee has been Registered. The
Registrar shall after Registration endorse on every Deed or Instrument
produced by the applicant for proof of his Title a memoranduin in the
Form marked G. in tho said First Schedule.
PRODUCTION OF DOCUMENTS.
XXV. Whenever any document required for the proof of Title can- On non-production
not be produced by the applicant, by reason of its being in the posses- of document notice
sion of a mortgagee or other person who refuses to produce the same, tobegivedtoholdor,
-the Registrar shall, upon being satisfied that the applicant has a,prima
facie Title, first give notice in writing to the holder or owner of such
document of his intention to register the same at the expiration ofthe
time specified iu the said notice, which shall be not less than one week and not
B more than three months, at the discretion of the Registrar. The said notice may
be in the Form marked H. in the said First Schedule; andafterproof by affidavit
" of service of the same on the holder or owner of the document aforesaid, or on
his duly appointed attorney, the Registrar shall proceed to the Registration of
the Title of the applicant.   -
XXVI. Upon every Registration of Titlo in favour of an owner in fee Title Deeds to bo
simple, mortgagee, or other person by right entitled to the possession of produced unless
documents of* titlo, the Registrar shall require the person requiring to he non-production
registered   as   owner   in   fee,   mortgagee,   or   otherwise, to   produce «Plamea-
the Title Deeds of the property to which such registration may be intended to refer, unless the non-production of such Title Deeds, or any of
thorn, be satisfactorily explained to tho Registrar, on affidavit duly made.
XXVII. The Registrar may effect Registration of tho Absolute Fee as joint tenants Ac
well at the instance of several persons, who together are entitled to the j    '
complement 83° VICTORIA, <No. 17.
. Land.-Registry Ordinance.
usband    co-owner
frith Wife. .
Future and contingent interests.
Acknowledgment by
Married Women,
^complement of the-Aibsoluto Foe, as also of any joint/tenant or tenant
in common.
XXVIII. The husband of any fcmaleRegistered owner of an Absolute
Fee shall be entitled to bo registered as co-owner with- his -wd& • but ho
shall pe described on the register as co-ownor in right of his wife and'
on his death the original registry of the wife, with a change, ifn'eces-
sary, in the name, shall revive and confer tho same righis as[ if her
husband had never been registered as co-owner with her, save as to
acts done in his lifetime with her consent and duly acknowledged,
XXIX. Where two or more persons are interested in distinct estates
or interests in tho samo land, by way of remainder or otherwise,-(the
thefirst owner of an estate of inheritance shall be registeredI ,as - tho
owner ofthe Absolute Fee, and the interests or estatos of the othors or
other shall be registered by means of a cbargo or charges.   Provided,
'however, that in any Certificate of Title'granted by the Registrar under this
Section the owner of such estate of inheritance shall not appear to be possessed
of a larger or different estate than that to which he is by law entitled; and provided, also, that all subsequent estates or charges shall duly appear on such
Certificate.
XXX. A charge may he Tegistered as well in respect of a present and vested
right, as of a future or contingent interest.
X5SXI. Whenever any Instrument is produced for the purpose of
Registration of any Title purporting to convey the Real Estate of a
"married woman, or of any interest therein, it shall be sufficient, so far
as the execution of such Instrument is concerned, and in order to entitle
the same to bo Registered, that the married woman have made an acknowledgment of execution, in the manner and form provided in Section XI.
of this Ordinance; and every Instrument so acknowledged by any married
woman, and registered^ shall be as effectual to all intents and purposes
to pass all the estate, right, title, and interest of the married woman by
whom the same is.executed, in the land to which tho same relates, as
if she had been unmarried, any law, and in particular the Act of the
3rd and 4th year of King William tho Fourth, Chapter 74, commonly
known as the "Fines and Recoveries Act," to the contrary notwithstanding.
Certificate by Snr-     XXXII. The Surveyor General may, and he is hereby required (when
•Tveydu General. called upon) to, give a Certificate of Payment of all or any of tbe instal
ments due on lands purchased or pre-empted, in the form marked I. in
the said First Schedule, and such Certificate shall be sufficient authority
for the Registrar to-enter up satisfaction, and cancel any charge regis-,
tered against any such lands.
Equitable mortgage     XXXIIL No equitable mortgage or lion created simply bya deposit of
not to be registered Title Deeds and memorandum-thereof shall be deemed to entitle the
person interested to Registration under this Ordinance.
Where disability of XXXIV. The Registrar may, on tho application of tho guardian of any
infancy, &c. ' minor, the Committee of any lunatic or person of unsound mind, or the
next friend of any married woman, or tho duly authorized agent of any
minor, lunatic, or married woman, and on production of an order by
some Court of competent-jurisdiction for tbatpurpose, enter a charge in
his or her behalf, in respect of any interest in land held or possessed by
him or her while under the disability of infancy, lunacy, unsoundness of
mind, or coverture, upon being satisfied of such infancy, lunacy, unsoundness of mind, or coverture.
CERTIFICATE OF TITLE.
Certificate of Title XXXV. The Registrar shall, upon the Registration of every Absolute
Fee, issue a Certificate of Title to the person who sbalhliave effected
-Registration, in tho form marked J. in the said First Schedule, and-shall
fill up a docket or memorandum thereof, and retain the same in his
Office; and if any Certificate of Title shall be lost or destroyed, the
Registrar may, upon being satisfied by. affidavit of tho applicant, or of
some other person,"of the truth thereof, and upon advertisement of his
intention bo to do, published for one month at least, in some ono or more
of the newspapers published in tho Colony, (at the discretion of the
■ Registrar) issue a fresh Certificate of Titlo in lieu of that so lost or
destroyed. Such Certificate shall bear on the face of it that it is a duplicate, and reference shall bo made therein to tho affidavit upon which it
has been granted. Every .Certificate of Title sball bo received asprima
facie evidence in all Courts of Justice in tho Colony, of the particulars
thorein sot forth.
XXXVI. The VICTOKL/E, No. 17.
Land JRegistry Ordinance.
XXXVI. Tho registered owner of an Absolute Fee shall be deemed- Intorestofregistcred
to bo the prima facie- owner of tho land described or referred to owner of absolute
in the Register for such an Estate of Freehold as he legally possesses fce*
therein, subject only to such registered charges as appear existing
thereon, and tothe rights of the Crown.
XXXVII. The registered owner of a cbargo shallbe deemed to be of charge.
prima facie entitled to the estate or interest in respect of which ho is
registered, subject- only to such registered charges as appear existing
thereon, and to tho rights of the Crown.
XXXVIII. The time at which application for Registration shall be Time of application,
deemed to havo been made, shall be the time when the form, of. an-1
plication referred to in Clauses XIX. and XX. of this Ordinance
is filled up. and signed by the applicant.
PRIORITY.   NOTICE.
XXXIX. When two or moro charges appear entered on the Register, Priority of registra-
affecting. the samo laud, the charges shall, as between themselves,.have tion creates priority
priority according to tho dates at which tho applications respectively oftitle-
wci-o made, and not according to. the dates ofthe croation ofthe estates
XL. No   purchaser   for  valuable  consideration of any registered No   pi
Kcal Estate, or registered interest in Real Estate, shall bo affected by value a
purchaser   for
affected byany
interest, or disposition affecting such Real Estato, other than a loase-^CB'stor-
hold interest in possession for a term not exceeding three years, any
rule of law or eguity notwithstanding.
. XLI, Tho Registration of a charge   Bhall give notice   to every Notico convoyed by
person dealing with tho Real Estato against which such charge has charge,
been registered, of tho estato or interest in respect of which such charge
has been registered, but not of tho contents of such Instrument.
XLII. In every case in which any Instrument shall have been executed by Powers of Attorney
Attorney, the Power of Attorney, or duly certified copy thereof, shall be filed in *> •>« Sled,
the Office of the Registrar, and the application for Registration shall not he
deemed to have been made until such Power of Attorney, or duly certified
copy thereof, shall have been delivered to the Registrar for that purpose.
or?LIIJ' ,.A11 PoTOS of A"orney, or duly certified copies thereof, filed in the Index of Powers of
Oihco of the Registrar shall be numbered by him in rotation, and he shall endorse Attorney to bo filed:
thereon the day and time when filed, and an appropriate Index, to be called
the "Index of Powers of Attorney," shall be kept by the Registrar, in which
reference shall be made by him to each Power of Attorney, or duly certified copy
thereof, filed in his Office, and the distinguishing number thereof.
TRUST ESTATES.
; •„ XhlTn WU0MTI£ m7 land, or any estate or interest therein, is vested Protection of Trust
in any irusteo or Trustees, no entry ofthe Trusts created or declared Estates.
m respect of the samo shall he made in tho Register, but tho Title ofthe.
Irusteo or Trustees shall bo registered in like manner as if ho or thov
were benoficially entitled. It shall be lawful, however, for any person
entitled-to any estate or interest in the land so vested in Trustees,- to.
apply to the Registrar, and tho Registrar is hereby authorized and
required to ontor against the Registration ofthe Titlo of such Trustees,
the words "no survivorship;" and whenever such words shall be so
entered, it shall not be lawful for any less number of Trustees, than the
number named in the Instrument, to sell, transfer, or otherwise dispose,
ofthe laud, estate, or interest, without obtaining the sanotion ofthe
™w'JS or' °r "ywtjti'on of course, under tho provisions, hereinafter
■5Slncd; °nd *ne Court is hereby authorized to make such order in tho
premises as to the appointment of new Trustees, or otberwiso, and for
tho Registration ofthe Title to such land, as shall bo just and proper.
TRANSFERS.
XLV When any conveyance   or   transfer is made of any Reaistered Tmn„f,.,  „r u..-
totreSrcd1aUstrt HI TOTsfeM OT grantee shall be S   SttattEe8"-
vestedlf th,%Z r   m"u*-oCau> =»»«= <*tatc or interest then held by or
vested in the Transferor or Grantor; and in the case of an Absolute Fee
,"" °7'I?0"'0 f ™« *aU be issued to such Transferee of Grantee   on-
the production and cancellation ofthe former Certificate.   Whore a Portion
and *
38* VICTOKLE, No. 17.
Land Registry Ordinance.
nd assigns (or to his executors, administrators, and assigns, as the case may
be) all the estate and interest of the Transferor or Grantor, whether legal or
equitable at the date thereof, subject, however, to any charge that may appear
on the Register against the same; and, also, to any unregistered leasehold
interest in possession, for a term not exceeding three years, and the same
transfer or conveyance shall pass to the Transferee or Grantee, his heirs and
assigns (or executors, administrators, and assigns, as the case may be) the full
and entire benefit of all covenants and agreements in respect of, and all
powers, provisoes, and conditions of entry, sale, leasing (if any) over the Real
Estate, the subject matter ofthe transfer to which the Transferor was entitled
and which may be thereby intended to be transferred at the time of such
transfer; and if the estate or interest so transferred be that of a Mortgagee,
such transfer shall also confer on the Transferee, his executors, administrators,
and registered assigns the fall benefit of and right to sue upon any covenant
for payment of the mortgage moneys and interest thereon.
INDEFEASIBLE TITLE.
Application for cer- XLVTI. The owner in fee of any land, the title to which shall have been
titicate of Indefea- registered for the space of seven years, may apply to the Registrar for a (Jertifi-
siblo Title. catc of Indefeasible Title; but he shall first,
Make an affidavit, that to the best of his knowledge, information, and belief,
all deeds and documents, maps, plans, and papers (with a list thereof annexed)
relating to the title to the land in question have been produced to the Registrar, or the cause of the non-production of any fully and fairly explained, and
that all facts material to the title have been fully and fairly disclosed, and
where no plan is registered a plan shall be produced and filed with the Registrar.
The applicant shall also make an affidavit of, and state fully, all incumbrances,
estates, rights, and interests (if any) which in any manner affect his title, and-
subject to which he seeks to have a Certificate of Indefeasible Title granted.
The Registrar shall, upon being satisfied of the truth of the statements
made in the said affidavits, cause an advertisement to be inserted in the
Government Gazette and in one or more of the newspapers published in
the Colony, and elsewhere if necessary, for a space of not less than three
months, stating his intention of issuing the Certificate of Indefeasible Title
applied for, on a day to be named in such advertisement, unless a valid
objection thereto be made, in the meantime, to him in writing, by any person
having an estate or interest in the land sought to be included in such Certificate,
or any part thereof.
XLVm. If no valid objection be made, the Registrar shall issue a Certificate
of Indefeasible Title to the-applicant, in the form marked L. in the said First
Schedule, a duplicate of which shall be retained'by the Registrar. .
XLIX. The Certificate of Indefeasible Title shall be conclusive evidence in
all Courts of Justice that the person therein named is the absolute owner of an
Indefeasible Fee Simple in the Real Estate therein mentioned against the
whole world (the Crown only excepted), but subject as therein is expressly set
forth; and no such Certificate shall be impeached or defeasible on account of
any error, omission, or informality in the Registration of Title, or any proceeding connected therewith; and, notwithstanding the existence in any other
person of any estate or interest in the land, and except in the case of fraud,
the registered owner thereof, or of any estate or interest therein, in respect of
which a Certificate of Indefeasible Title has been granted, shall hold the same,
subject only to such incumbrances, liens, estates charges, or interests as
appear on the Register, but absolutely free from all other incumbrances, liens,
estates, charges, and interests whatsoever, except any lease in possession for a
term not exceeding three years, and excepting the rights of the Crown.
L. Whenever any property shall have been devised or bequeathed by Will or
In caae ofTitle Codicil, and the person claiming Title thereto through or under the testamentary
Sate  mnat first be" disposition shall apply for Registration of the testamentary disposition, or of any
grunted. Instrument affecting the property executed subsequent to the decease ot the
Testator, the application for Registration shall not be deemed to have been made
until the testamentary disposition shall have been proved in the Supreme Court
ot the Colony, or letters of administration with the testamentary disposition annexed shall have been granted by the said Court, or by some other Court of
competent jurisdiction, and the probate or letters of administration, or an official
copy thereof, respectively shall have been produced to the Registrar.
* CONTESTED TITLES.
LI. Any person interested in Real Estate, the titlo to which has been
registered, and desirous of contesting such Registration may file an Issue, in
the form marked M. in the said First Schedule. The Registrar shall thereupon enter a memorandum of such Issue agaiust the Real Estate or interest
referred to, in like manner as charges are entered, and within three months there-
Form of certificate,
and effect thereof.
Title maybe contested by filing an issue.
after 88° VICTOBJLE, No. 17.
Land Registry Ordinance.
after the person filing such Issue shall bring an action, or file a bill (as the case
may require) against the person whose title is contested, and the Court shall
make such order, or give such judgment thereon, as to the cancellation or
•amendment of such Registration, or otherwise, as the nature ofthe case shall
require.
LIL If such  bill or action   bo  not  filed   or  brought as aforesaid, the Cancellation oflwne,
Registrar may cancel such Issue oh the application ofthe person whose title is
■ contested, and such person shall be entitled to recover all costs,  charges,
damages, and expenses which he may have sustained by reason thereof against
the party who has filed the said Issue.
JUDGMENTS.
LIII. The Registrar shall, on the application of any person in whose favour a Judgments to be re-
■a judgment has been obtained in any Court of Civil Jurisdiction in the Colony, gistered, in order to
register a charge in respect thereof, in manner aforesaid, against the Real Estate of b*ad lands,
the Judgment Debtor, on delivery to him of a Certificate under the hand of
the Registrar ofthe Supreme Court, or under the hand of a Judge or Registrar : .<-
of any County Court of British Columbia.     Every  Buch   Judgment shall,
so soon as it has been duly registered, affect and bind all the Lands belonging to
the Judgment Debtor at the time ofthe registering thereof, or at any time afterwards, and shall operate as a charge upon and shall affect and bind all Lands of
■or to which such Person was at the time of registering such Judgment, or at any
time afterwards became, seised, possessed, or entitled for any estate or interest
whatever, at Law or in Equity, whether in possession, reversion, remainder, or
expectancy, or over 'winch" such Person had, at the time of registering such Judgment, or at any times afterwards, any deposing power which he might without
;> the assent of any other person exercise for his own benefit, and shall be binding
upon the person against whom Judgment has been so entered and registered, and
against all persons claiming under him after 'such Judgment and registry, and
shall also be binding as against the issue of his body, and all other persons whom
ihemight without the assent of any other person cut off and debar from any
remainder, reversion, or any other interest in or out of the said lands, tenements,
or hereditaments, and every Judgment Creditor shall have such and tbeJsame
remedies in a Court ofEquity against the Lands so charged as aforesaid, as be
would be entitled to in case the Judgment Debtor had power to charge and had
charged the same with the amount of such judgment debt and interest, and all
such Judgments shall be claimed' and taken to be valid and effectual according to
the priority of Registering such Certificates. Every Judgment so Registered as Judgments to be re-
atoresaid^shau cease to be a charge on or to affect lands or any interest therein nowed after Three
on the expiration of Three Tears from the day on which Registration was effected, Ycflra-
unless Registration thereof be renewed in manner hereafter provided. The Registration of any Judgment so Registered as aforesaid, may be renewed from time
to time, and when renewed it shall continue in force for a period of Three Tears
from the day on which the last renewal shall have been effected. The Registrar
shall from time to time, on delivery to him of an application in writing under the
hand of the Plaintiff in any action, or of other the person entitled to receive the
Judgment Debt or any part thereof, or his Attorney, before the expiration of
Three Tears from the day on which the Registration, or the renewal or last renewal of Registration (as the case may be) of any Judgment shall have been
'■eftepted, perant such Registration to be renewed by transcribing on the Register
of Judgments a copy oi the original entry, and it shall be the duty of the Registrar to mark and sign m the margin of the Register of Judgments and opposite
the transcription, "Renewed this day of A. D 18       "
LIV  Any person who shall have filed a Bill, or commenced an action iu U, Pcnden,
respect of any Real Estate, may register a LU Pendens against the same by
means ot a charge. J
ney General may, in hehalf of the Crown, register a Crown debt n        » >
against the Keal Estate of any debtor to the Crown, in'lto ZnnerTcX SSEr** '" *°
charges are registered, and no Crown debt shall affect any Lands or Eeal Estate '^""^
LV.The Attorney General may, in behalf of the Cro'
gainst the Eeal Estate of any debtor to the Crown,
barges are registered, and no Crown debt shall affect „„,
of a Crown debtor unless and nntil the same he registered.
REFERENCE TO THE COURT.
LVI. Whenever from any special circumstances, or on account of tho Title n   ■ .
acTor S£bttKr!rar ^*^.«J^<^«*^2^»'cSJ?*
• ffiliJft, ° bo don'! """^to provisions of this Ordinance, and deems
it desirable that the matter be heard and decided by the Conrt, he shall notrfv
to same to he applicant in writing, stating briefly the reasons therefor S
■to applicant ,s thereupon and hereby authorised to petition the Court orJuZe
Ll ^rT* ™y' PraJ™g *»t hi/Title and Interest may be SlaredS
SI r^f" may lw OTdCTed t0 offoot ngi*n«<m toreof, and/or'sueh
ntor relief as the nature of to ease may require; and the Court or any Jud™
toreof „ hereby authorised and empowered to hear such petition, and male
aueh order thereon after such notices, and en such terml as it'or he toll
LTII. TBe 10
T8RraXCTOB£2B,,/HRfi$[7.
Land Segistty\Ofdindincc.
Affidavit* to be filed     LVII. Tho petition aforesaid shall bo supported by theaffidavit of the appli-
in support. oaut, and of other persons if necessary, stating fully and fairly all the material
facts ofthe case,  nd that to tho best of the information, -knowledge and'belief
of the deponent, all the facts and things material to the" Title,-have been1 fully
and fairly disclosed to the Court or Judge.
€Wa, may bo issued, j IrVEQ. The Court or any Judge thereof may, on the application of any person
interested in Real Estate, or on any application made on behalf of the owner
of a future or contingent interest, by petition or otherwise, make an order,' or
issue a caveat!, inhibiting any Dealing with, or Registration of, such Real
Estate, and annex thereto any terms and conditions it or he may think fit.
Service of order
Registrar.
LVLX. The service upon the Registrar of any copy of any order of the
Supreme Court, or any Judge thereof, or of any order, decree, rule; judgment,
or any other proceeding, touching the Registration of Real Estate, shall,,
without more, be sufficient authority for him to act in compliance therewith.
Effect of regis- LX- All registrations of absolute fees or charges made in pursuance of
tr.ii.ion under order any such order as aforesaid, shall stand in precisely the same position, and
Attendance of Registrar in Court.
Cancellation of
charges.
Effect of cancellation. ■
shall have such force and no other, as registrations of the {absolute fee'or
charges made under the ordinary provisions of this Ordinance.
LXL The Registrar shall attend upon the Court or Judge whenever his
evidence may be deemed necessary, but his costs and expenses shall be home
by the person making application for or1 requiring his attendance.
CANCELLATION OP CHARGES.
LXTI. When any Crown debt, judgment, charge, or issue has been satisfied or
discharged in whole or in part, or any interest in land surrendered or released,
the Registrar shall, upon satisfactory proof thereof, eater the particulars in a
book to be called "The Satisfaction Rook," in the Form marked N. in the said
first Schedule, and shall also cancel the entry thereof on the Register of
Charges, by writing thereupon a memorandum in the Form marked 0. iu
said First Schedule, and shall also cancel the entry made against the registration of the absolute fee, by writing over the same the word "Cancelled"
(in whole or in part).
LXIH. In every ease of cancellation of a charge, Crown debt, or judgment,
the Estate or Interest, in respect of which such charge, Crown debt, or
judgment shall have been registered, shall be deemed to be discharged
and released from the date of the satisfaction or discharge and release
of the same, and not from the date of entry thereof on the Register; and
in those cases where a reconveyance, surrender or transfer, would nave been
otherwise necessary, such memorandum of satisfaction and entry of particulars
as aforesaid, shall operate as a reconveyance, surrender or transfer, and the
charge, Crown debt, or judgment shall no longer affect the Real Estate iu
respect of which it was registered.
MAPS.
Registrar may re- LXIV. When any person applies for Registration ofthe whole or a portion of an
quire map to be de- entire lot or section of land, he shall, if so required by the Registrar, deposit a map
posited or appended'; thereof properly authenticated, or append the same to the Instrument convey-
*° Deed. ing the said Land, and reference to such map shall be made by the Registrar
and entered by him in the Parcels Books, and such map shall be drawn on a
scale, iu the case of land situated in any District, of not less than four inches1 to
a mile, and in the case of land situated in any Town, on a scale of not less than
one chain to an inch, or on such scale respectively as the Registrar shall require, in order that the land may be clearly and conveniently shown.
■ Surveyor General to LXV. The Surveyor General of the Colony shall, as soon as conveniently
deposit copies of of- may be, and from time to time deposit in the Land Registry Office, when re-
fi'cial maps. quested so to do by tho Registrar, copies of all Public Official Maps in his
custody, duly authenticated by his signature.
Authority of Regis- LXVI. It shall be lawful for the Registrar to exercise the following powers
trar to require pro- (that is to say): He may require any person desiring to effect any registration
duction of docu- or cancellation of registration, or any other act, mattter, or thing, to
ment8i produce   any  grant,   certificate of title, i conveyance,   bill   of  sale,_ mort
gage, deed, lease, will, or any other instrument in his possession or
within his control affecting such land or the title thereto; and he
may, for the purposes of this Ordinance, administer oaths, or in lieu of administering an oath, may require any person examined by him to make and subscribe a declaration of the truth, of the statement made by him iu his, examination. And it shall further be lawful for the Registrar, upon such evidence as
shall appear to him sufficient iu that behalf, to correct errors iu entries made,
and supply entries omitted to be made under the provisions of this I Ordinance.
Provided, always, that in tho correction of any .such entry, ho shall not erase or
render illegible the original entry, and shall in correcting or supplying any
entry, 33° VICTORIA, Ho. IT. I 11
Land Registry Ordinance.
entry, affix his initials thereto, and the date of such correction, and correction
so made and omission so supplied shall have the like validity and effect as if
such error had not been.made, or such entry omitted, except as regards; any
registration, or filing which may have been .entered in any of the Register;.
Books previously to the actual time of correcting the entry, or supplying the
omitted entry.
LXVXE. AH Acknowledgments, Affidavits, Oaths and Declarations necessary Acknowledgments
for the purposes of this Ordinance, may be taken by and made before the &c, maybe made'
Registrar. before Registrar.
LXVUI. Applications for Registration or Record maybe made by the Counsel, Applications by
Solicitor, Attorney, or duly authorised agent of any person on his behalf, and Agents,
suoh agent may do all other acts and things according to the provisions of this
Ordinance, as ue within the scope of the authority given to him.
INDEX BOOKS.
LXIX. The Registrar shall keep separate Index Books of the owners of Index 0f absolute
absolute fees and charges in alphabetical order, with a reference opposite each fees and charges,
name to the volume and page of tho Register where the Estate or Interest is
Registered.
LXX. The Registrar shall keep Indices arranged under appropriate head-List of Land regis-
ings, as to Towns and Districts, of all lands registered, iu which reference shall tered.
be made to all sections and lots, in numerical order, and the entries in the
Register affecting each particular section or lot shall be posted in the proper
index against the laud to which they relate.
LXXI. The Registrar shall also keep an Index of all Records which shall Jndex 0fRecord3 to
be made under Section XIV. both as to the property and owner, in like manner be kept,
as in the two last Sections are provided.
LXXII. Tim Registrar shall keep a separate Index of every Judgment, Crown Index of Judgments,,
Debt, and XAs Pendens registered, arranging in alphabetical order the names of &c*
the persons against whom the same has been registered.
LXXITL Maps or plans, and Instruments of Title, rehitujg 'to Real Estate, may M A n H
he deposited with the Registrar from time to time for safe keeping,'6n paymentTeTp^sited ^
oftheproperfee; and the Registrar shall keep an index of all maps-or plans and
Instruments of Titlc.so deposited, specifying the name of the Depositor, the
parcels to whioh the*map or plan, or instrument relates, and the volume and
pa^BjOj^theParcels Book in whioh the Real-gstatc is described, and shall also
endorse on the map or plan, or instrument'deposited, a memorandum containing
a distinguishing number and the date of deposit.
OFFICIAL SEAL.
LXXIV. The'Registrar shall have an Official Seal inscribed with the words <,
■"The Land Registry Office of BritishTColumbia," and the seal of a Deputy Regis-
trar shall have in addition the name ofthe District inscribed thereon. Every
paper, writing or instrument issued hy the Registrar, shall be impressed with
thcj^e^lj.aud shall thereupon bo admissible iu evidence without proof of such
sealing.
FEES.
LXXV. The fees mentioned m the Second Schedule hereto annexed, shall Fees
beXtafcen by the Registrar, and paid into the Colonial Treasury, for the use :
i ii f Wajesty, Her heirs and successors. Provided, always, that it
■shall' he lawful for His Excellency the Governor, from time to time to
drBSt 'tot the fees which shall be received under the authority of this
Ordinance^shall be applied under such regulations as ho shall appoint in pay-
ment of the current or incidental expenses of the said Land. Begistry Office or
any of them. All fees received by any Magistrate for acknowledgment of
Deeds or any other matter or thing done, under the provisions of this Ordinance .shall be paid into the Colonial Treasury for to1 uses as aforesaid,
andnulyaecountedrfor.'   .
LXXVI. The percentage to be paid on the Eegistration of an Absolute Fee, „„	
shaU,be sajgujated on the market value ofthe property at to time of application JSoned  *'
io^JBgJMtionj and in oas,edispute, the value shall be settled by tho Registrar,
upon such proof as he may deem sufficient. °
iiJ^FF1" It-th? doeds «™stituthig a Titlo have been Registered, and are
aUtaed to remain in the Office for six month thereafter, the same fee shall be Wim  Deedt  ™
ohargod as if thoy had been deposited: B,m" ue left In ths Offic,.
IrXXTOI. Any.person. dissatisBed with any deoision or act of the Registrar, „
2,?BfJ™!"T?h,ailn" fov to:iegiBtrir;to show eiufe'why he ^''""L^^fT
Si?° i° °5™*f?e'**;6^mplaiacd.of, but in every instance to costs Z»S   ""• to
shall be in the discretion of the Court or Judge.
LXXIX. The *
12
38" VICTORIA, No. IT.
Land Registry Ordinance.
No personal liabill-      LXXIX. The Registrar individually shall not, save as aforesaid, nor shall
ty of Begistrar.        any person acting under his authority, be liable to aBy action, suit, or proceeding for, or in respect of any act or matter bona fide done, or omitted to be done,
in the exercise or supposed exeroise ofthe powers of this Ordinance.   *
FORGERY, &o.
Punishmeat of fraud LXXX. If any person wilfully make any false declaration, or fraudulently
procure, or assist in fraudulently procuring, or be privy to the fraudulent procurement of any order or rule ofthe Court, or of any fraudulent entry on the
Register, or any alteration or erasure of suoh entry, he shall be guilty of a misdemeanor, and any order or rule procured by fraud, and any act consequent on
such order, and any entry, alteration, or erasure so made by fraud shall be void'
as between all parties or privies to such fraud.
Of false statements. LXXXI. If in any proceeding to obtain the Registration of any title to
land or otherwise, or in any transaction relating to land, which is, or is proposed
to be put on the Register, any person acting either as principal or agent, shall
knowingly and with'interit to deceive, make, or assist, or join in, or be privy
to to making of any material false statement or representation, or suppress,
conceal, or assist, or join in, or be privy to the suppressing, withholding^or
concealing from any Judge or Registrar, or any person employed hy,_or assisting' the Registrar, any material document, fact or matter of information, every
person so aoting shallbe guilty of a misdemeanor; and the act or thing done
or obtained by means of such fraud or falsehood, shall be null and void toall
intents and purposes, except as against a purchaser for valuable consideration
without notice.
Conviction. LXXXII. Any person convicted of a misdemeanor under either of the last
two preceding sections, shall be liable to imprisonment for any term not exceeding Three Years with or without hard labor, or to be fined such sum as the
Court by which he is convicted shall think just.
LXXXIII. No proceedings or conviction for any act hereby declared to be a
misdemeanor, shall affect any remedy which any person aggrieved by such act,
may be entitled to either at law or in equity against the person who has com-
mited such act.
LXXXIY. If any person forge or rroeure to he forged, or assist in forging
the Seal of the Registrar's Office, or the hand writing of any officer therein, he
shall be guilty of telony.
LXXXV. Nothing in this Ordinance shall entitle any person to refuse to
make a complete discovery by answer to any bill in equity, or to answer any
question or interrogatory in any civil proceeding in any Court of Civil Judicature, but no answer to any such bill, question, or interrogatory shall be admissible against any such peison iu evidence, in any criminal proceeding.
RULES AND ORDEES.
LXXXVI The Judge or Judges of tho Supreme Court may make such Rules
and Orders as may bo necessary in relation to any matters to be brought before the
Court under to provisions of this Ordinance, and establish a scale of fees to be
taken on all petitions, motions, applications, and other proceedings authorised
by this Ordinance to be taken and preferred.
The Registrar General may from time to time make suoh Jiules and Orders,
Forms and Directions, for carrying out the provisions of this Ordinance as may
be necessary.        . ,   , ,   ,    ,t,„
But all such Rules andMrders, Forms and Directions, whether made by the
Judge or Registrar as aforesaid, shall be first approved by the Governor, and
may from time to time be varied, repealed, or amended.
A copy of all such Rules and Orders, Forms and Directions Bhall be affixed
to the walls of the Registrar's Office for public information.
INTERPRETATION OF TERMS.
LXXXVII In the construction of this Ordinance tho following words and
expressions shall have the meanings hereby assigned to them, unless the same
DO repugnant to, or inconsistent with to context (tot is to say), the words
"TheP(Sour° " hall mean to Supreme Court of British Columbia; to
word "Judge," shall mean any Chief Justice or Judge of the said Court;
to   word '^Registrar," shall mean to  Registrar General of Titles or any
DeVrRegXTto «**«#* "Absoh!"1 8*" ^..^r1 te;
toEl ownership of an estate in fee simple; the expression " Charge, shall
minaud comprise any less Estate than an absolute fee or any equitaMem-
terestwhatcver in Real Estate,and shall include any incumbrance Crown ^
judgment, mortgage, or claim, to or upon any Real Estate ;J*f word
•• Judgment," shall mean and include any Decree or Order of any Court of
Equity, and any Judgment or Order of any Court of Low, »J«™¥."nJ.™,(™
money is payable to Sly person, or whereby to possession of land is given to
Not   to  affect  civil
rights.
Forgery of Seal.
Criminal liability
not to  protect
against giving evidence.
Rules and Orders by
the Conrt.
and Registrar,
Interpretation. 33° VICTOEDE, No. 17.
13
Land Registry Ordinance.
or any estate vested in any person, by virtue thereof; the word "Person," and
words applying to any person or individual, shall apply to and include Corporations, and words importing the. singular number or masculine gender only,
shall be understood to include several matters, as well as one matter, and several
persons, as well as one person, and females as well as males, and words importing the plural number, shall be understood to apply to one matter, as well as
more than one; the words ""RcaTEstaTe," or " Land," shall extend to and mean
Lands, Messuages, Mines, and all other hereditaments whatsoever} the word
"Governor," shall mean the Governor ofthe Colony, or any other Officer Administering the Government of the Colony for the time being; the words
" Surveyor General" shall mean the Officer fqr the time being acting as Chief
Commissioner of Lands and'Works and Surveyor General.
LXXXVUI. This Ordinance may be cited as " The Land Registry Ordinance, Short Title;
1870."
Passed the Legislative Council the 20th day of April, A. L>. 1870.
Charles Good, Philip J. Hankin,	
Clerk of the Council. Presiding Member,
Assented to, in Her Majesty's name, this 1st day of June, 1870.
A. MTTSGRAVE,
Governor.
FIRST SCHEDULE.
FORM A.
No- Date 18
I [or We]
™ .   L, declare that I [or we] am [or are]
the owner in Fee of the Real JEstate hereunder desoribed, and claim
to be registered accordingly.
DESCRIPTION OF-REAL ESTATE. |
Town or District.
Lot or Section.
Admeasurement or Acreage.
LIST OEuTSTSTRDMENTSii:
Ohoracter of Peed,
ln^?u7i°IW8],      ' , declare tot to the best of
knowledge to value of to said Real Estate is Dollars.
Received for Registration at the day of      [A' ^
0 clock, at
0 D., Stipendiary Magistrate.- —
FORM B. %
sstyiCTOKiAjsro. n.
Land Registry Ordinance.
FORM B.
Not
, Name of
'Owner of
Absolute
Fee,
"Parceja,
'"   SnSrT:
Description.
Parcels
Vol. Fol.
Date of
Ap.ilica-
tion.
Pate of
Registration.
List of
Instruments.
Charge,
Issue,
Ac,
if any.
>A 19
FOftMC
Absolute
Fees Book,
Description.
—.avAViwyijy.
FORM D.
No. Date 18     .
I [or We]
of declare that I [or we] am [or are]
entitled to a over.-tho Real Estate hereunder described,
and       claim Registration of a charge accordingly.
The Absolute Fee is registered at Vol.        Fol.       of Absolute Fees Rook.
DESCRIPTION OF REAL ESTATE.
Town or District
Lot or Section.
[01. 10]
LIST OF INSTRUMENTS.
Date.
Parties.
Character of Deed.
And declare that to the best of knowledge and belief the value
of said interest Is Dollars.
Received for Registration at
o'clock, at
io day of 18   , at
CD., Stipendiary Magistrate.
FORM B.
No.
3|l
| o S
o e
(ACQ £
a
1*4
a
to
sw a
3 ° % 3° VICTOEtiB.'WiJftLT.
Land'Registry Ordinknce.
FORM F.
No.
Charge Book,
Vol. Fol.
Dcscri tion.
FORMiG.
No.
Registered the.
Book , Vol.1
18
day of
, Folio
[A. B-] Registrar General.
To
FORM H.
Land Registry Office,
Date, 18     .
I hereby give you notice that I shall proceed to the Reg^foitionof
the title of to m respect oTtnat piece cufland
known as , notwithstanding the non-production of a certain
deed (describing the same), within from the date hereof, unless you
object iu writing thereto.
[E. F.] Registrar General.
FORM I.
I hereby certify* that Instalment       due in respect of
, ha   been paid, and that/there remains a Balance of
unpaid. I
To (A. B.)
The Registrar General. Surveyor General.
■FORMfiP/
115
CERTIFICATE
No.
-OF TITLE
Name
0?
Owner.
Absolute
Fees Book
Vol. Fol.
Date
'fit
Registration.
Parcels,
Short
Dcscriptn.
Absolute Fees Fook,.Vol.... Fol.
(A. B.)
I I Registrar General.
LIST OF DISTKUMENTS.
(A. B.)
Registrar General;
FORM K.
I, A. B., of , in consideration ofthe sum of
Dollars, do.hereby, grant and convey (or ltransfer and assign) unto O.'iD.^* of
, and to his heirs (or executors administrators) and assigns, all
that piece of land together, with all my rights, powers,
estateandinterest.therein,as.Registered in the Register of Absolute Fees (or
charges) Vol. , Folio , No. ..$?«.,..
..Dated this day of 18
Signed, sealed and delivered, A. B-
in the presence of      E. F. FORM L. 16
8.3° VICTORIA, No. 17.
Land Registry' Ordinance.
CERTIFICATE OF INDEFEASIBLE TITLE.
This is to certify that A. B. is absolutely.and indefeasibly entitled in Fee
■Simple-to that Piece of JLand.known as — au,i more
particularly described in Absolute Fees Parcels Book, Vol. Folio   '
No. , (subject however to)
In witness whereof, I have hereunto set my Hand and Seal of Office, this
day of 18
(C. D.) Registrar General.
FORM M.
I. A. B., take issue on the Registration effected by
the Land known as iu the I   j
Folio No. .
Book, Vol.
(A.B.)
FORM N.
No. Register of Vol. Folio
satisfied (in whole or in part) and the particulars of such satisfaction are as follows:
FORM 0.
Cancelled (in whole or in part) the
18     .    See Satisfaction Book. Vol.
day of
(A. B.) Registrar General.
SECOND SCHEDULE.
FEES.
Inspection or search of any Tifjle on the Register $   50
'Application for Registration       50
'Registration of any Absolute Fee '...™..'  1 00
And One-fifth of One per cent, on the value of the Real"Estate;"where'such ■''
value amounts to or is under Five Thousand Dollars, and One-tenth
of One per cent, on the additional value, where such value exceeds
Five Thousand Dollars.
-Registration of any Charge  1 00
And One-tenth of One per cent, on the value of Interest covered by the
Charge.
Every Certificate of Search for each Title  1 00
Fifing any Issue ■  2 00
Sealing any Document, other than a Certificate       25
Cancellation of any Charge, &o  1 00
Filing any Document other than Issue       50
Every Notice....'^?&7. -^       50
Every Deposit of Map or Title Deeds Z .....*.... 2 50
For every Transcript or Record of-any^Deedlbr Instrument, as provided for
in Section XIV. of this Ordinaneefrer folio of One hundred words      25
For making certified copiesiof any'Decd or Instrument of Record, per folio
of One hundred words '-       25
For talcing the Acknowledgment or Proof" of Execution, of any Instrument
including the Certificate .thereof. For every Acknowledgment or Proof
including Oath            25
For administering an Oath      50
Every Certificate of Indefeasible Title  5 00
THIRD 83° VICTORLE, No. 17. 17
Land Registry Ordinance.
THIRD SCHEDULE.
FOR MAKER  OF A DEED.
I hereby certify that
personally known  to me, appeared before me, and acknowledged to me that
the Person mentioned in the annexed
Instrument as the maker thereof, and whose name subscribed thereto
as part that knows the contents thereof, and that
executed the samo voluntarily.
In testimony whereof I have hereto set my Hand and Seal of Office
at this day of
in the year of Our Lord One thousand Eight hundred and
FOR MARRIED WOMEN.
I hereby certify that A. B., personally known to me to be the wife of C. Dm
appeared beibre me, and being first made acquainted with the contents of the
annexed instrument, and the nature and effect thereof, acknowledged on examination, and apart from and out of hearing of her said husband, that she is the person mentioned in such Instrument as the maker thereof and whose name is subscribed thereto as party, that she knows the contents and understands the nature
and effect thereof, that she executed the same voluntarily without fear or compulsion or undue influence of her said husband, that she is of lull age and competent understanding, and does uot wish to retract the execution of the said
Instrument.
In testimony whereof! have hereto set my Hand aud Seal of Office,
at this day of
in tho year of Our Lord One thousand eight hundred and
FOR ATTORNEY.
I hereby certify that
personally  known   to ^me, appeared   before   me   and   acknowledged   to me
that he is the person who subscribed tlie name of
to the annexed Instrument as the maker thereof
is the same person mentioned in the said iustruinent as the maker thereof, that he
knows the'eouteuts of the said Instrument,
and that he subscribed the name of thereto"
voluntarily as the free act and deed of tlie said
In testimony whereof I have hereunto set my Hand and Seal of Office,
at this day ol
in the year of Our Lord One thousand eight hundred and
FOR WITNESS.
I hereby certify that personally known to me
appeared belore me,- and acknowledged to me that
the person whose name subscribed to the annexed Instruments as Witness,
and having been duly sworn by me, did prove to me that
did execute the same in presence voluntarily.
In testimony whereof 1 have hereto set my Hand and Seal of Office,
at this day of
in the year of Our Lord One thousand eight hundred and
th?^"Il^it™ tbe.Peraon m.akinS tbe acknowledgment is not personally known" to
th! SI a    «       "*. I    lam0' 1JMtttd of tUo words ''Personally known to me," insert
tbe words -'proved by the evidence on oath (or affirmation) of E, F."
VICTORIA,  B. 0.:
PRINTED AT THE  GOVERNMENT PRINTING  OFFICE.  BRITISH COLUMBIA.
AHjTO trdSesimo teetio.
VICTORIA   REOINJG.
No. 18.
A n Ordinance to amend and consolidate
the Laws affecting Crown Lands in
British Columbia.
[Jime 1st, 1870.]
w
HEREAS it is expedient to amend and consolidate the Laws preambie.
affecting Crown iLa-nds in British, Columbia;
Be it enacted by the Governor of British Columbia, with the
advice and consent of the Legislative Council thereof, as follows:
I. In the construction and for the purposes of this Ordinance (if
not inconsistent with the context or subject matter), the foUQwing IntcrPretntlon-
terms shall have the respective meanings hereinafter assigned' to
theni: "The Governor'' shall mean the Governor of British
Columbia, or any person for the time being Iawiully_exereisins£ft?e
authority of a Governor of British Columbia; xKnjff
"Chief Commissioner of Lands and Works and Surveyor General" shall mean and include the Chic 1 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 Commissioner 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 Governorto act as and for the Chief
Commissioner id'Lauds and Works and Surveyor General/as Assistant Commissioner of Lands and Works in any District in which the
Land that maybe referred, to lies, other than that in which the Chief
Otlice of the Lands and "Works Department is situated, and any
other District or Districts for which no such Assistant Commissioner
_of Lauds and Works as aforesaid has been appointed.
"Supreme Court" shall mean tho Supreme Court of British
Columbia;
"The Crown" shall mean Her Majesty, Her Heirs and Successors;
"Crown Lands" shall mean all Lands of this Colony held by the
■   Crown in fee simple;
"Act" shall mean any Proclamation or Ordinance having the
force of Law in this Colony;
Words importing the singular number shall include more persons,
part'.es, or things than one,' and the converse.
H. The 38° VICTORLE, No. 18.
Land Ordinance.
Repeal of former
Acts.
saving existing
rights.
H. The following Acts, Ordinances, and Proclamations relating
to the disposal and regulation of the Orown 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 Proclamation, 1862;"
but such repeal shall not prejudice or affect any 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.
PRE-EMPTION.
Who may Pre-empt     HI. Erom and after the date of the proclamation in this Colony
as of right. of Her Majesty's assent to this Ordinance, any Male person being a
British Subject, ofthe age of eighteen years or over, may acquire
the right to pre-empt any tract of unoccupied, un surveyed, and
unreserved Crown Lands (not being an Indian Settlement) not
How much exceeding Three Hundred and Twenty Acres in extent in that
portion ofthe Colony situated to the Northward and Eastward of
the Cascade or Coast Range of Mountains, and One Hundred aud
Sixty Acres in extent in the rest of the Colony. Provided that
such 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.
ana who by special     IV. Any Chartered or Incorporated Company may acquire such
permission. right by obtaining a special permission  in writing  from  the
Governor to that effect, but not otherwise; and the Governor may
grant or refuse such permission at his discretion.
V. Any person desiring to Pre-empt as aforesaid, shall first apply
to and obtain from the Commissioner 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.
VL After such permission has been obtained, and within such
time, not exceeding thirty days thereafter, as shall be specified by
the Commissioner in such permission, such person shall enter into
possession of the Land so described, arid place at each corner thereof
a post marked with his name or other distinguishing sign, and
thereupon Bhall 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.
VH. If such Land has not been previously recorded, the Corn-
Pre-emption record. ^^^^ shalli lrpon the fulfilment by the applicant of the pre-
om   ' ceding 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, m
the Form A. in the Schedule hereto; and such Record shall be
made by the Commissioner in 'triplicate, the original to be
handed to the Pre-emptor, a duphcate to be retained by the
Commissioner for local reference, 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 Survoyor General so as to be) m accordance with the provisions of this Ordinance, to be finally registered
in„the Land Office Pre-emption Register.
TD1. Every
Application to locate..
Entry and appli
cation to record. 33° "VTCTOKLSI, No. 18.
Land Ordinance.
VH1. Every piece of Land sought to be acquired as a Pre-emption Rectangular shape
Claim under the provisions of this Ordinance shall, save aB herein- of Olaim.
after 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.
IX. "Where such Land is in whole or in part bounded by any Natural boundary,
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 snail
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.
X. The   Chief Commissioner of Lands and Works and Sur- Rectification of
veyor General may, however, in carrying out any Government ""V-
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.
XL A Pre-emptor shall be entitled to receive from the Com- certificate   of im
•missioner a Certificate, to be called a " Certificate of Improvement," provement. "  .
in the Eorm B. in the Schedule hereto, upon his proving to the Form B.
Commissioner, by the declarations in writing of himself and two
other persons, that he has been in occupation of his Pre-emption
Claim from the date ofthe Record thereof, and has made permanent
improvements thereon, to the value of Two Dollars and Fifty Cents
per Acre. Such Certificate shall be in triplicate, the original to be
handed to the Pre-emptor, the duplicate retained by the Commissioner for local reference, and the triplicate transmitted forthwith
to the head office of the Lands and "Works Department; and it shall
be the duty ofthe 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!
XH. Every such declaration shall be subscribed by the person Declaration
making the same, and shall be filed with the Commissioner, who is Form 0.
hereby fully authorized and empowered to take the same, and such
Declaration shall be in the Form C. in the Schedule, and shall be
made before such Commissioner, under and subject to the provisions and penalties of the " Oaths Ordinance, 1869."
XDX After the grant ofthe Certificate of Imnrovement but nr,t „■ ■..
before, the Pre-emption right to the Land reftSS toT°Uch Cer- S.may * "*""
tincate maybe transferred to any person entitled to hold a Preemption 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
iiic orown.
♦r,?^, Every, ?u* ^nsfer must be made in writing, signed by Mode of transfer.
the person making the same, or his attorney in fact, in the form D Form D.
in the Schedule, or m words to that effect, and in the presence of
the  Commissioner,  andI if not so  made   shall   be void? and
such   teansfer    shall    be   in    triplicate,   the   original   to ™e
21^ he P8™™ i" ^°so favour the transfer is made, the
duplicate to be retained as a record in the Office of the ComW
sioner, and the triplicate forwarded forthwith to be registeredI inTe
head office of the Lands and "Works.   Upon the examinationof
Z,\ n?Utwmt^ma^CT md fo™ so prescribed! a^d on mv
anew in the manner prir|^|?sSto|M ?X tnTof
the 83° VICTORIA, No. 18.
Land Ordinance.
idvdl have been
n required by
tions thereof
the person in favour of whom such tr:
Subject to the completion ofthe pcrio
this Ordinance, and to all other the U
Cessation of pc'otf- XV. Whenever any Pre-emptor shall permanently cease to
patton cancels claim, occupy 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 thePrer'Sm'p-
torso permanently ceasing to occupy the same, and all Deposits paid;
and all Improvements and Buildings made and erected on'suchilaud}-
shallbe absolutely forfeited to the Crown, and the.said landshalboe
open to Pre-emption and maybe 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.    •
Mciming   of occu-     XVI. The occupation herein required, shall mean a continuous
piiUo3. - ■• -  bona fide personal residence of the Pre-emptor on bis 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.
Leave of Absence for     XVII. Every holder of a Pre-emption Claim shall be entitled to
two months. 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 hereinafter provided.
Special   leave  for     XV 111. If any Pre-emptor shall show good cause to the satisfac-
four months. tion of the Commissioner, such Commissioner miry grant to the
Form E. said Pre-emntor leave of absence for any period of time, not excecd-
lusive ot the Two Months'
i Clause XY1I. Such leave
1 the Schedule hereto, and
gimd to be handed to the
License  to
tute.
Form F.
,One Claim to beheld1
at a time.
Purchase of Clair
whea surveyed.
r     XV 111. If any Pre-emptor shall show good
tion of the Commissioner, such Commission
said Pre-emptor leave of absence for
ing Four Mouths in any One Year, :
absence from his claim, provided foi
of absence shall be in the Form F
[shall be made out in duplicate, the
Pre-emptor, and the duplicate to be retained of record in the otfic
ofthe Commissioner.
-     XIX. If any Pre-emptor   shall show g
faction ofthe Commissioner, be may'grant
gtitute," for   any   period   not   exceeding
in the Form F. in the Schedule be
jjriginal to be banded to the Pre-emptor, \
retained of record in the Office ofthe Con:
uous personal residence ofthe person name
person'not being or becoming subsequently t
a claimant of land under any'Law or Proci
iPre-emption: of land witbiu the Colony) si
■ nance of the License, and after the record
-miBBionerjibeias.effectual as the continue u
the claim ant-himself.
XX. Wo person shall be entitled to hold, at the same time,
Two Claims by Pre-emption; and any person so pre-empting more
than One Claim shall forfeit all right, titlo, and interest to the prior
claim recorded by him, and to all improvements,made and erected-
theroon, and deposits of money paid to Government on account
■"thereof; and tlie Land included* in such prior chum shallbe open
for Pre-emption.
XXI. When tlie Government shall   survey (ho land included
in1 a Prc^r'Spti'on OlahiiJ.tne person in who.-e name the"said claim
"stands registered in the Pre-emption Register of;"the Land Ollieo,
^ena^provided a Certificate oflri.ibroveiii'c'iit'slia'll have beenfapuetl
in respect ot 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 hind at such rate not cxceedilTg
^G/ne frolla^erjac^
'the time being; p|fy&b£e^yJroufrrerp^^ fi>st
instalment
od
cau
se to the
satis-
nm
a u
License t
i i%
six
l't<>,
ca
iu
endar  ni
dnplioat
iillths
c,  the
(1 t
ie
dnplii-ate
to he
in
sue
i License
"(such
the
nVat!
ill,
thei
(jut
dm
eot
e oftne L
regulatin
iijg'.the.Tc
with tho
i cense
g the
ontin-
Com-
pevBoi
ml residence of 83° VICTORIA, No. 18.
Land Ordinance.
instalmc
caiend.ir
it to be p:
months i
emptor
Works a
or witbii
)l':i  Antic
nd Survey
six cah-n
d to the Commissioner at his office within three
om the date of the service on the said Pre-
from the Chief Commissioner of Lands and
i General requiring payment for the said land,
 nr mouths after the insertion of anotine to such
effect to he published for and during such period in the Government
■iGazetlei-or in 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
ife'rms' rffsu'eh notice, tho Pre-emption Claim over Bueh land may at
the discretion ofthe Commissioner be cancelled, and all Buch land
and tlie improvements thereon, and any instalments cf the purchase
money paid thereon, may he forfeited absolutely to the Crown.
XXTI. Tho Crown Grant to a Pre-emption Claim will not be Nolice of intention
issue I unless it'll ill have been proved to the Commissioner that writ- to apply for Crown
t. n or printed notices ofthe intended application for such Grant have Grant,
been posted for a period of Sixty Days prior to such application,
upon some conspicuous part of the said Pre-emption Claim, and
"iipcihfthe adjacent claims (if any), and upon the Court House of the
-District wherein the Laud lies.
XX1TL Upon payment of the whole of the purchase money for 0ertiacM8 of p„.
such land, and upon production to the Chief Commissioner of Lands ment.
and Works and Surveyor General of a Certificate in Form G. in the Form G.
Schedule hereto, from the Commissioner of the District in which
such hind 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 crown Grant may '
Form'll. ot the Schedule hereto of the fee simple of the said land issae.
sh ill be executed in favor of the purchaser. Form H.
Provided that every such Crown Grant shall be deemed to in- Reservation to the
elude among the reservations therein contained, a reserve in favor Crown,
ofthe Ci'own, its assignees, and licensees, ofthe right to take from
any such hmd without compensation, any gravel, sand, stone, lime,
timber, or other material which may be required in the construction,
maintenance, or repair of any lloads, Ferries, Bridges, or other
Public Works.
XXIV". Tn the event of the death of any Pre-emptor under this Heirs of PreJemnfor
Ordinance, his heirs or devisees (as the case may be) if resident in entitled to Crown
the Colony, shall be entitled to a Crown Grant of the Land included Grant-
in -ueli Pre-emption Claim if lawfully held and occupied by such
Pre-emptor at the time of his decease, but subject to payment of
the    full   amount  of    purchase   money  for   such   land  then
due   or  to   become   duo;   hut   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 authorized and empowered to make such disposition ofthe
Pre-emption Chiim,  and such provision for the pel-son (if any)
entitled thereto or interested therein, as he may deem just and
proper.
; 'XXV. Every person lawfully occupying a Presemiption „ . . ,_, . „
Claim situate to the Northward and Eastward of ike St of £«a.
Cascade   or   Coast  K-tngc   of Mountains,  at   the date   of the Range.
■fusing of this Ordhisince, if loss than Three hundred and
twenty Acres, may, with the permission of the Commissioner,
pre-empt Land liable to pre-emption, and immediately contiguous  to  or  abutting  on   his   said  existing claim, so   as to
: make up the total amonnt of his claim to Three hundred and-twenty
. Acres, and thereupon such total claim shall be deemed to have been
and to be taken up and bold under the provisions of this Ordinance.
LEASES.
XXVI. Leases of any extent of nnpre-empted and unsurveyed T
Land may be granted, for pastoral purposes by the Governor in lZ?J" "
Ixmucil, to any person or persons whomsoever,ibeiug6M!a fide Pre-
emptors 33° VICTORIA, No. 18.'
Land Ordinance.
Hay Leases.
Timber Leases.
Applications  for
Leases.
Pre-emptors i
utilize water.
Notice to be given.
emptors or Purchasers of Land in the vicinity of the Land sought
to be leased, at sucb Rout as such Governor in Council shall deem
expedient. But every such. Lease of Pastoral Land shall, among
.other things, contain a condition making such. Land liable to Preemption, 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 tho 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.
XXVTI- 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 jute Pre-emptors or Purchasers
of Land, at such Rent as sucb Governor in Council shall deem
expedient. The term of such Lease shall not exceed Pive 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.
■XX'V.I H. Leases of any extent of nnpre-empted Crown Lands may
be granted by the Governor in Council, to any person, persons, or
corporation duly authorized in that behalf, for the purpose of cutting
spars, timber, or lumber, and actually engaged in those pursuits,
subject to such rent, terms, and provisions as shall seem expedient
to the Governor 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 be
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.
XXIX. The application for 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 Bhall alone decide on any such Lease.
WATER.
XXX. Every person lawfully entitled to hold a Pre-emption under
this Ordinance and, lawfully occupying and 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 herein after 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 j
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.
XXXI. Previous to sucb authority being given, the applicant
shall, if the parties affected thereby refuse to consent 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 to take and carry such water, specifying all particulars relating thereto, including direction, quantity,
purpose, and term. J_±j -Q . f.
*   y    '                                                                XXXH. Priority 33° VICTORL/E, No. 18.
Land Ordinance.
Xx x 11. Priority of right to any such water privilege, in ease of Priority of 'fight. :
dispute, shall depend on priority of record.
XX"X 111. The right of entry on and through the Lands of others, Compensation for
for carrying water for any lawful purpose upon, over, or under the damage,
said Land, may be claimed and taken by any person lawfully occupying and bonafide 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.
XXXTV". In case of dispute, such compensation or any other may be assessed by
question connected with such water privilege, entry, or carrying a Julr-
may he 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.
XXXV. "Water privileges for mining or other purposes, not Water for Mining or
otherwise lawfully appropriated, may be claimed, and the said other pnrposes.
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 the
same, paying reasonable compensation for waste or damage to the
person whose Land may be wasted or damaged by such water
privilege, or carriage of water.
XXXVI.. All Assignments, Transfers, or  Conveyances of any Transfer of Pre-
Pre-emption Eight, heretofore or hereafter acquired, shall be eon- on,P''°o right trans,
strued to have conveyed and transferred, and to convey and trans- r<"s imer-
fer, any and all recorded water privileges in any manner attached
to or used in the working of the Land pre-empted.
XXXVTX Every owner of a ditch or water privilege shall be w ,,
be hound to take all reasonable means for utilizing the water taken "*   -
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.
EJECTMENT.
XXXVIII. Any person lawfully occupying a Pre-emption Claim-, „
or holding a Lease under this Ordinance may, in respect thereof IHecta0'lt b7 ™».
institute and obtainredressin an action ofejectmWtorTteespassin °"""tMess-
the same manner and to the same extent as if he were seised of the
JegaUstate in the Land covered by such claims; hut either party
ftere^o, may refer the cause of action to the Stipendiary Magistrate
ofthe District wherein the Land lies, who is hereby authorized to
JURY.
XXXIX. It shall be lawful for  anv Magistrate   i™ „„ „„,i
under his hand, to summon a Jury ofTve pfsoM ?or aL 1^      J«ryho™Bonea.
under this Ordinance, and in the^event of S attenua^of Panv
persons so summoned he shall have the power to impose a 21
not exceeding Twenty-five Dollars. impose a line
. APPEAL.
XL. Any person affected by any decision of a Masrist™,» „,.
Commissioner under this Ordinance may within One   ™Wlf £ppea t0 S»P™™
monthafter such decision butnot afterwards, appeal to the firm»1        "'
astS ITJKs"/^^ ST" WBBm
such appeal snal, be ^^t^SZ^^i. &?
XLI. Any 38° VICTORIA, No. 18.
Land Ordhuxnce.
Sew'iBttOEJbe.giTOD. 3EM. Any person desirous of .appealing iu .planner .aforesaid,
may be required, before such appeal: ho heard, to liud such security
as may be determined by the Commissioner whose tk-cisiun is
' appealed from, and such appeal shall not be heard until alter
. security to the satisfaction of the Commissioner shall have been
given for the duo prosecution of such appeal and submission
thereto.
SURVEYED LANDS.
Reserves. XLIL The Governor shall at any time, and for such purposes as
ho may deem advisable, Reserve, by notice published in .the
Government'Gazette, or in any newspaper of the Colony, any Lauds
that.may not have been either sold or legally pre-empted.
Price of Land. XLIIL The upset price of Surveyed Lands, not being reserved
for'the'Bites of Towns or the Suburbs thereof, and not being reputed to be Mineral Lands, shall be One Dollar per Acre; and"tne
upset price of Town and Suburban Lots shall be such as the
Governor may in each case specially determine.
Land offered for sale     XLIV. Except as aforesaid, all the Laud in British Columbia
by public competi- will be exposed in lots for sale by public competition, at the upset
tlon* price above mentioned, after the same shall have been surveyed and
made ready for sale.   Due notice shall be given of all such sales;
notice at the same time shall be given ofthe upset price and terms
of payment when they vary from those above stated, and also ofthe
.-.   rights .specially reserved (if any) for public convenience.
XLV. All Lands which shall remain unsold at any such auction
may be sold by private contract at the upset price and on the terms
and conditions herein mentioned, on application to the Chief
Commissioner of Lauds and Works and Surveyor Generator other
person for the time -being duly authorized bv the Governor in that
behalf.
Laud soidsubjectto     XLVT. "Unless otherwise specially notified at the time of snlo, all
Roads, &c. Crown Lands sold shall be subject to such public rights of way as
may at any time after such sale be specified by the Chief Commis-
.sioner of Lands and Works and Surveyor General, and to the right
ofthe 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 oflc.iding.or usjngjX^atQrjfyr;
animals, and for mining and engineering purposes, as may 0 the
time of such sale,be existing.
5 XT/VTI. Unless otherwise specially announced at the time of sale,
the conveyance of the land shall include, except as provide 1 in
Section 2_XHI., all trees and all mines and minerals within and
under the same (except mines of gold and silver.)
Unsold   Lands    by
private contract.
Conveyanccii
trees, mines,
may
FREE MINERS' RIGHTS.
XLVJJL Nothing herein contained shall ex
id f
Min
itv to
Free    Miners   «<
searcb.for minerals, from entering upon any land in tins Oolc _
working minerals; provided that such Fre<
sljan.give full satisfaction oriadeojia-te.secui
' the Commissioner, to the Pre-emptor or Tj
any loss or damage he may .sustain by reason
amount of compensation (if any) cannot be agreed i
diary Magistrate or Gold Commissioner of thQjjQj?'
land lies, with the assistance, if desired by cither p
Five persons to be summoned by him, s!iall dec
thereof, and such decision,and award shajl be final
such Stipendiary Magistrate or Gold Commissi!;
district, the Supreme Court shall have jurisdiction
FREE GRANTS.
c^atisfactip
.fesiumlfc
It the
S.tjpen-
■ein the
Jury of
imount
e be no
attar.
Free Grants for in
XLIX. It shall be lawful for the Governor in Council
to make such special Free or partially Free Giants ofthe 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 privilcgis, as to
the Governor in Council may seem most advisable for the encouragement 33° VICTORIA, No. 18.
Land Ordinance.
ragement and permanent settlement of Immigrants,  or for such
other public purposes as aforesaid.
L. Nothing   in this Ordinance  contained  shall  he   construed Saves Miners rights,
so as to interfere prejudicially with  the rights • granted to Free
Miners under the "Gold Mining Ordinance, 18b"7."
LI. The Schedule hereto shall form part of this Ordinance. Schedule.
LII. Each Commissioner appointed under this Ordinance, shall Books to be kept,
keep a book or books in which he shall enter the date and particulars
of every Pre-emption Record, Certificate of Improvement, License
to Substitute, Transfer, or other document relatingto or in any
manner affecting any Pre-emption Claim within his District.
LIU. All fines and fees payable under this Ordinance shall be Application of fines
deemed to be made payable to the use of the Crown. acd fee8-
LIV. This Ordinance shall not take effect until Her Majesty's Suspending Clause,
assent thereto shall have been proclaimed in the Colony.
LY. This Ordinance may be   cited for all purposes as the Short Title.
"Land Ordinance, 1870."
Passed the Legislative Council the 22nd day of April, A. P. 1870.
■ Charles Good, Philip X Hankin,
Cleric of the Council. a  Presiding Member.
Assented to, in Her Majesty's name, this 1st day of June, 1870.
A. MUSGRAVE, .
Governor.
SCHEDULE.
Form A.
"Certificate as Pre-emption Record."
Ojmqinal. (To he retained by ike Pre-emptor.)    [No. in District Register        ]
Country Land.
British Colombia.
PRE-EMPTION CLAIM.
District of
Name of Pre-emptor (in fall)
" Date of Pre-emption Record
Number of Acres (in words)
Where situated
Description of boundaries of Clair
Signature of Commissioner.
N. B.—Plan of the Claim to be drawn on the back of this Sheet.
Form B. 10
S3°VTCTORLE. No. 18.
Land Ordinance.
Form B.
Land .Ordinance, 1870.
District of
CERTIFICATE OF IMPROVEMENT.
I hereby Certify that has satisfied me by evidence of (naming the
witnesses and detailing their, and any other, evidence upon which the Commissioner has come to his judgment) that of has been in
occupation, as required by the said Ordinance, of his Pre-emption Claim, recorded as No. in this District, from the date of such record to the present
time, and that he has made improvements to the extent of Two Dollars and Eifty
Cents an acre on           acres of Crown Land situated at
Signed,
this day of
Form C.
"Declaration."
Land Ordinance, 1870.
District of
I, (A. B.) of do solemnly and sincerely declare that
[here detail specifically the improvements and facts declared to
as having been made by the Pre-emptor on his Claim, which define] and I make
this solemn declaration conscientiously believing the same to be true, and by
virtue of the "Oaths Ordinance, 1869."
Declared and signed by the within named ,
on the day of A. D. 18       , before me
—Commissioner.
Place for signature of declarant.
Form D.
"Transfer of Interest."
I. (A. B.) of being the Registered holder of Pre-emption Claim
No.       , on the Pre-emption Register ofthe Land Office, hereby transfer to (C.
D.) all my right, title, and interest therein absolutely, but subject to the same
conditions under whioh I hold the same.
Dated this
"Witness
day of
,18
(A. B.)
Form E.
"Leave of Absence."
I hereby grant (A. B.) of Leave of Absence from his
eruption Claim, Registered as No. in the Pre-emption Register, fo
space of from the date hereof.
Dated this day of ,18
(E.F.)
Commissioner.
Pre-
• the
FORM^F.
"License to Substitute."
I hereby License (A. B.) o( , to occupy lor the apace v
months, the Pre-emption Claim Registered as No.       in the Pre-emption ite$
ter, in the stead of (C. D.) the present holder thereof.
Dated this day of 18
(E- ?.):;;.;;'
Commissioner.
Form G. .
"Certificate of Notice."
I hereby certify that (A. B.) has posted, for a period of Sixty (60) days,
on a conspicuous part of the Pre-empted Claim, No. and also upon the
adjacent land, and upon the Court House of the District, a notice for the period
of Sixty Days, that he intends to apply for a Crown Grant ofthe land comprised
in such Claim, and that no objection to the issue of suoh Crown Grant lias been
substantiated.
Dated this day of 18       .
(C. D.)
To the Chief Commissioner 1 | Commissioner
of Lands and Works.       J _        „
Form H. 33" VICTORLE, No. 18.  • 11
Land Ordinance.
Fobm H.
Colony of \
British Columbia. J
No.
Victoria by the Grace of God ofthe United Kingdom of Great Britain
( ^-^ ^     and Ireland and of the Colonies and Dependencies thereof in Europe
-j l. s   V    Asia Africa America and Australasia Queen Defender of the Faith
1 *—■—'J     and so forth to all to whom these presents shall come greeting    I
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 ofthe said
in the Colony of British Columbia to Have and to Hold the said parcel or Lot of
Land and all and singular the premises hereby granted with their appurtenances
unto the said                              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 ofthe whole ofthe 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
B 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 enter
into and upon any part ofthe said lands and to raise and get thereout any cold
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 thaeto
belonging for the purpose of such raising and getting and every otto mrrpS
comp^tit "** [ "*"* °f SU°h **U anJuse USE
behPa7bvUsalSX-'Sh3!i«ekwM &r an"erson a% »*>« » *>»
and to W A ?™ "?d ?UMessora l° «« and occupy such water privileges
mrtsof^CJ?07 ^--isto of carrying water- over through or under w
S,l™, ° n ,m* b6reby EK""ed ™ m»ylx= reasonably required for
milling or agricultural purposes in the vicinity of the said herediLnente navrn*
therefor,;, reasonable compensation to thoalbreiid TlSS
in arSftvUs S *H • ° * ?**"» bwM fa »»7 P-» duTaloS
^^ml^Vz^:i^rsi^ftom avrnparu °f
oSel-pibhc CS        *"°*«»™» or repair of any Koads Ferries Bridges
theGrSSofoTfiwof 53S fl HBI '0be "* *** ^
Our right trusty andweS-blved Umb'a *° bre heramt0 a«Md ™ta«*
in-Chief of Our Colony of British Coramhi. ,„.i ■» t, G(""f 01;Md Commander-
rnent House in Our C% of vIcToS tnt       * *" De*<£dMf* 1 °« Govcrn-
in^year of Our Lord OnoThou^d Eight Hundred auT
year 01 uur iCeign.
By Command
VICTORIA, B. c:
PRINTED AT THE GOVERNMENT PRINTING OPFIOE.   

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