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PAPERS Relating to the Acts passed by the Legislature of the Province of British Columbia during the… British Columbia. Legislative Assembly 1895

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 58 Vict. Acts oe 1894. 439
PAPERS
Relating to the Acts passed by the Legislature of the Province of British Columbia
during the Session of 1894.
By Command.
JAMES BAKER,
Provincial Secretary.
Provincial Secretary's Office,
20th November, 1891
Department of the Secretary op State,
Ottawa, 7th November, 1894.
Sir,—His Excellency the Governor-General having had under his consideration in Council
a Report, dated the 15th ultimo, from the Right Honourable the Minister of Justice with
respect to certain Acts, the chapters and titles of which are contained in the Schedule
hereto annexed, passed by the Legislature of the Province of British Columbia, in the fifty-
seventh year of Her Majesty's reign, and His Excellency having been advised that the said
Acts are unobjectionable and may be left to their operation, I am now to transmit, for your
Honour's information, a certified copy of an Order which, upon the 20th ultimo, His Excellency
in Council was pleased to make in the premises.
I have, <fec,
(Signed)        L. A. Catellier,
His Honour the Lieutenant-Governor Under Secretary of State,
of British Columbia,  Victoria, B. C.
3177.
Extract from a Report of the Committee of the Honourable the Privy Council, approved by
His Excellency on the 20th October, 1894-
The Committee of the Privy Council have had under consideration a Report dated 15th
October, 1894, from the Minister of Justice, with respect to certain Acts passed by the Legislature of the Province of British Columbia, in the fifty-seventh year of Her Majesty's reign
(1894), (the chapters and titles of which are contained in the Schedule hereto annexed) received
by the Secretary of State for Canada on the 19th day of April, 1894, in which Report the
Minister states that he is of opinion that the said Acts are unobjectionable and may be left to
their operation.
The Committee, concurring in the said Report, advise that the said Acts be left to their
operation, and that a certified copy of this Minute, if approved, be forwarded to the Lieutenant-
Governor of the Province of British Columbia, for his information.
John J. McGee,
Clerk of the Privy Council.
His Honour the Lieutenant-Governor
of the Province of British Columbia. 440 Acts of 1894. 1894
(Annex "A" to O. 0. No. 3177, 20th October, 1894.)
SCHEDULE
Of the Acts passed by the Legislature of the Province of British Columbia, in the fifty-
seventh year of Her Majesty's reign (1894.)
Public Acts.
Chapter.
1. An Act for the regulation of the Department of Agriculture, and for  defining the
powers and duties of the Minister, and of the Officers of the Department.
2. An Act to amend the "Bills of Sale Act."
3. An Act respecting the "Cariboo Hydraulic Mining Company (Limited Liability)."
4. An Act to amend the "Cattle Act."
5. An Act to amend the "Coal Mines Regulation Act " and amending Act.
6. An Act to amend the "Companies' Act, 1890," and amending Acts.
7. An Act to further amend the "County Courts Acts."
8. An Act to amend the "Supreme Court Act."
9. An Act to amend the "Creditors' Trust Deeds Act, 1890."
10. An Act to authorize the sale of certain lands to the Bishop of New Westminster.
11. An Act for the encouragement of Dairying.
13. An Act respecting Witnesses and Evidence.
14. An Act to amend the "Line Fences and Water Courses Act."
15. An Act for the prevention of Accidents by Fire in Hotels and other Public Buildings.
16. An Act to aid the construction of a Railway and Highway Traffic Bridge across the
Fraser River at the City of New Westminster.
17. An Act for the better prevention of fraudulent or misleading statements by companies
and others.
19. An Act respecting the "Horsefly Hydraulic Mining Company (Limited Liability)."
20. An Act to consolidate and amend the Acts respecting the Provincial Board of Horti
culture.
21. An Act to amend the "Provincial Royal Jubilee Hospital Act, 1890."
22. An Act to amend the "Jurors' Act" and amending Acts.
23. An Act to provide for the  formation,   from  time to  time as disputes may arise, of
Councils of Labour Conciliation and Arbitration.
24. An Act to amend the "Land Act."
25. An Act to further amend the "Legal Professions Act."
26. An Act for the redistribution of British Columbia into Electoral Districts,  and for
amending the law  applicable  to  Elections  to the Legislative Assembly, and for
other purposes in futherances of or consequent on the aforesaid objects.
27. An Act to establish and maintain a Library for the use of the Legislative Assembly,
and to constitute a Bureau of Statistics.
28. An Act to amend the "Licenses Act."
29. An Act to amend the "Licenses Act" and amending Acts.
30. An Act to protect the goods of Lodgers from Distress.
31. An"Act to amend  "An Act respecting the union of certain Methodist Churches in
Canada," (47th Vict. Chap. 20).
32. An Act to amend the "Mineral Act, 1891" and amending Acts.
34. An Act to amend the "Municipal Act, 1892" and amending Act.
35. An Act to provide for the appointment of Official Scalers of saw-logs and other cut
timber.
36. An Act respecting Partnership.
37. An Act to amend the "Railway Aid Act, 1893," 58 Vict. Acts of 1894. 441
Chapter.
38. An Act to assess, levy and collect Taxes on the property of railway companies.
39. An Act respecting the British Columbia Southern Railway.
40. An Act to further amend the "British Columbia Railway Act" and amending Acts.
41. An Act to amend the "Kaslo and Slocan Railway Subsidy Act, 1892."
42. An Act respecting the Nelson and Fort Sheppard Railway.
43. An Act respecting the Nakusp and Slocan Railway.
44. An Act respecting the Official Map of Quamichan District.
45. An Act to extend the application of the "Marriage Act," and the "Registration of
Births, Deaths and Marriages Act" to the Society called the Salvation Army.
46. An Act to amend the "Public School Act, 1891," and amendiug Acts.
47. An Act to provide for the payment of Succession Duties in certain cases.
48. An Act for granting certain sums of money for the Public Service of the Province
of British Columbia.
49. An Act to authorize the issue of a Crown Grant of certain lands in the  District of
Kootenay, being the site of the Town of Three Forks.
50. An Act respecting preference of Wages and Salaries in case of Assignment for benefit
of Creditors.
51. An Act to authorize a grant of  certain  lands to the Westminster and Vancouver
Tramway Company.
Private Acts.
52. An Act relating to certain Public Works in the Corporation of the Township of
Chilliwhack.
53. An Act to consolidate and amend certain Acts relating to the British  Columbia
Southern Railway Company.
54. An Act respecting the Incorporation of the Brunette  Saw-Mill  Company  (Limited
Liability).
55. An Act respecting the Cariboo Railway Company, formerly called the Asheroft and
Cariboo Railway Company.
56. An Act to incorporate the Consolidated Railway and Light Company.
57. An Act to incorporate the Delta, New Westminster and Eastern Railway Company.
58. An Act to incorporate the Great Western Telegraph Company.
59. An Act to authorize the Hall Mines (Limited) to construct Tramways and Electrical
and other Works in the vicinity of Nelson.
60. An Act to alter the gauge of the Kaslo-Slocan Railway.
61. An Act relating to certain Public Works in the Township of Richmond.
64.  An Act to incorporate the Victoria, Vancouver and Westminster Railway  Company.
Department op the Secretary op State,
Ottawa, 7th November, 1894.
Sir,—Upon consideration of a Report, dated the 15th ultimo, made by the Right Honourable the Minister of Justice, with respect to certain Statutes of the Province of British
Columbia passed in the 57th year of Her Majesty's reign—being chapters Nos. 12, 63, 18, 33
and 62, respectively—His Excellency in Council having been advised to that effect, was pleased,
upon the 20th ultimo, to order that the said Statutes be left to their operation; and I am now
to transmit herewith, for the information of your Government, a certified copy of the Order in
Council made in the premises.
I have, &c,
(Signed) L. A. Catellier,
Under Secretary of State.
His Honour the Lieutenant-Governor
of British Columbia,  Victoria, B. C, 442 Acts of 1894. 1894
3178.
Extract from a Report of the Committee of the Honourable the Privy Council, approved by His
Excellency on the 20th October, 1894-
The Committee of the Privy Council have had under consideration a Report, hereto
attached, dated 15th October, 1894, from the Minister of Justice, with respect to certain
Statutes of the Province of British Columbia passed in the fifty-seventh year of Her Majesty's
reign (1894), and received by the Secretary of State for Canada on the 19th day of April, 1894,
being chapters Nos. 12, 63, 18, 33, 62, respectively.
The Committee, concurring in the said Report, advise that the said Statutes be left to
their operation, and that a certified copy of this Minute, if approved, be forwarded to the
Lieutenant-Governor of the Province of British Columbia, for the information of his Government.
John J. McGee,
Clerk of the Privy Council.
His Honour the Lieutenant-Governor
of the Province of British Columbia.
(Annex "A" to P. C. 3178, 20th October, 1894.)
Department of Justice, Canada,
Ottawa, 15th October, 1894.
To His Excellency the Governor-General in Council:
The undersigned has the honour to submit his report upon the Statutes of the Province of
British Columbia, passed in the fifty-seventh year of Her Majesty's reign (1894) and received
by the Secretary of State for Canada on the 19th day of April, 1894, as follows:—
Chapter 12.—"An Act respecting the Drainage and Dyking and Irrigation of Lands."
Section 63 provides that "if any person shall in any manner wilfully injure any works
executed hereunder, or any portion thereof, he shall forfeit for every offence a sum not exceeding fifty dollars, which, with the costs of repair, may be recovered upon summary conviction by
any Justice of the Peace. The costs of repairing injury other than wilful may be similarly
recovered."
Chapter 63.—"An Act respecting the Victoria Electric Railway and Lighting Company,
Limited."
Section 31 enacts that "any person who shall injure, molest or destroy any of the lines,
posts or other material or property of the Company, shall be liable to a penalty not exceeding
one hundred dollars and costs, and in default of payment to imprisonment for a term not
exceeding one month."
The malicious injury of property has been declared to be an offence by the Criminal Code
and adequate punishments have thereby been established for such offences. The subject is one
which, in the opinion of the undersigned, properly falls within the scope of criminal legislation,
and enactments of the character in question would, therefore, appear not to be within the power
of the Provincial Legislature. The undersigned apprehends, however, that no serious mischief
could ensue from leaving these provisions to their operation, the Courts having jurisdiction to
declare the sections ultra vires at the suit of any person who might be prejudiced thereby.
Chapter 18.—"An Act to amend the 'Game Protection Act, 1892,' and amending Act."
Section 3 provides that "no person shall use or employ any net, seine, drag-net, or other
engine, nor use salmon roe as bait for the purpose of taking or capturing fish in any lake, pond,
or standing water in this Province, under a penalty not exceeding two hundred and fifty dollars,
to be recovered in a summary manner before any Justice of the Peace."
It appears to the undersigned that such a provision would fall within the powers of Parliament as appertaining to sea-coast and inland fisheries, and that it could not, therefore, be
enacted by a Province. The several questions which have arisen relating to the conflict of
jurisdiction upon this subject, between Parliament and the Provincial Legislatures, having been
referred by Your Excellency in Council to the Supreme Court of Canada for determination, the
undersigned would consider it proper that this statute should not now be disallowed. It is
anticipated that the decision of the Court upon the reference in question will set at rest all
doubts which should be raised with regard to the validity of enactments such as the above, and
if such decision should be in accordance with the view of the undersigned, as above expressed,
it is assumed that this section, together with other Provincial Statutes which may be held to
go beyond the limit of Provincial powers, would be repealed. 58 Vict. Acts of 1894. 443
Chapter 33.—"An Act to amend the 'Placer Mining Act, 1891.' "
Section ten provides that "it shall be lawful for the Gold Commissioners, with the sanction
of the Lieutenant-Governor in Council, to grant a lease for any term not exceeding twenty
years of the bed of any river below low water mark for dredging purposes, for a distance not
exceeding five miles, upon such terms as he shall think fit; provided always that every such
lease shall reserve the right to every free miner to run his tailings into such river at any point
thereon, also to mine two feet below the surface of the water at low water mark by putting in
wing-dams, and whether such free miner shall locate before or after the date of such lease."
Chapter 62.—"An Act to authorize certain Dyking and Drainage works in the District of
New Westminster."
Section 1 enacts that "the Commissioners shall have power to widen, straighten, deepen,
divert, dam, scour or cleanse any river, stream, drain, brook, pool, lake or water-course, upon
or running through such lands, and to make, open or cut in or upon the same any new watercourse, sicle-cut, ditch or drain, and at any time to repair, alter or remove any bank, sluice,
flood-gate, dam, tunnel, or other part of the undertaking."
Sections 6 and 7 are as follows:—
"6. The Commissioners shall have full power and authority to divert the waters known as
the Chilliwhack River, by changing the course of the said waters (as at present flowing) so as
to cause the same to flow from a point at or near Summit Lake into the Fraser River above
Cheam."
"7. The Commissioners are hereby authorized and empowered to take and divert, at such
point or points on the Chilliwhack River as they may judge suitable and proper, and to appropriate and use for the purpose of generating electricity, so much of the waters of the stream as
to the Commissioners may seem necessary for the purpose of the works, or for any purpose
connected with the works hereby authorized, with power to the Commissioners to construct
and maintain all erections, weirs, wheels, dams, race-ways, flumes or other works, necessary for
making the water power available, with the right to improve and increase the same."
The undersigned observes that rivers having been declared by "The British North America
Act" to be part of the public property of Canada, the sections quoted would be ultra vires of
the Provincial Legislature as applied to rivers which belonged to the Province at the time it
entered the Union. In so far as this view is controverted by the Province, it is hoped that a
judicial determination of the question may be reached upon the reference to the Supreme Court
above referred to, and in the meantime should any practical difficulty arise as between the
Dominion and the Province, or in reference to individual rights as to the application or validity
of these sections, the question could, if necessary, be brought before the Courts in an ordinary
action.
The undersigned, therefore, recommends that the several statutes mentioned in this Report
be left to their operation, and that a copy of this Report, if approved, be transmitted to the
Honourable the Lieutenant-Governor of British Columbia, for the information of his Government.
Respectfully submitted,
(Signed)        Jno. S. D. Thompson,
Minister of Justice.
VICTORIA, B. C:
Printed by Richard Wolfendkn, Printer to the Queen's Most Excellent Majesty.
1894.

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