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RETURN To an Order of the House-- (1.) For a return of all papers and the evidence taken before Mr. Chancellor… British Columbia. Legislative Assembly 1894

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 57 Vict. Claims to Lots in Old Granville Townsite. 1143
To an Order of the House—
(1.) For a return of all papers and the evidence taken before Mr. Chancellor
Boyd, and the decision given by him, in reference to the claim of the late
John Angus to Lot 11, Block 3, Old Granville Townsite:
(2.) For a return of all the papers and the evidence taken before Mr. Chancellor
Boyd, and the decision given by him, in the claim of William Mashiter to
Lot 1, Block 17, Old Granville Townsite.
A ttorney- General.
Attorney-General's Office,
5th March, lS9/r.
Pursuant to the provisions of the Statutes of the Province of British Columbia, passed
in the fifty-first year of the reign of Her Majesty, chaptered fourteen and entitled "An Act to
adjust the rights of settlers in the former Townsite of Granville," I, the Honourable John
Alexander Boyd, Chancellor of the Province of Ontario, being appointed sole arbitrator to
deal with the matters therein referred to arbitration, did proceed to hear and determine the
said matters, and thereupon I was attended by all parties interested therein, who gave evidence
and presented their respective contentions before me, and in respect thereof I do make this
my award in the premises.
And it appearing before me that, of the fifteen claimants whose claims the Canadian
Pacific Railway Company in the said Act named at first refused to recognize, six were
subsequently recognized and admitted, these six being the persons following, namely : A. W.
Sullivan, H. G. Onderkirk, I. J. Hayden, N. Hjorth, Alfred King, and A. McCrimmon. It
fell to me to deal with the claims of the nine remaining claimants, namely : C. C. Ralston,
John Jacklin, A. H. Byram, James Orr, William Mashiter, A. E. McCartney, J. B. Henderson,
John Angus, and George Preston, which I have disposed of as follows :—-
The claim of William Mashiter to receive Lot 1 in Block 17 has not been proved, and I
do hereby disallow the same;
The claim of John Angus to receive Lot 11 in Block 3 has not been proved, and I do
hereby disallow the same.
* * * * * * *■* *
In witness whereof I have hereunto set my hand, at Vancouver City, this 15th day of
August, A.D. 1S88.
In the presence of 1
Alex. B. Smith, J. A. BOYD.
of Vancouver, B. C. I
Memoranda of some of tlie chief reasons which shaped my award.
Mashiter Claim.—This was not pressed by the Counsel for the claimant, and he was
rightly advised. The whole sum of the evidence is to the effect that no tangible improvements
were made till the fall of 1884, and it further appears that these improvements (the cabin and
clearing) were really on what is Carrall Street. The nearest part of that house is some
fourteen feet distant from the nearest boundary of the lot for which this claim is made.
Angus Claim.—The original claimant, John Angus, died before the passing of the Act.
I did not give effect to the legal difficulty thu§ created, but considered the claim on its merits. 1144 Claims to Lots in Old Granville Townsite. 1894
One Coleman is said to have located the lot and put up a cabin, but it is indisputable
that this cabin was on the next lot (12), and had already been utilized to secure that lot for
Hjorth. Coleman is said to have sold his rights to Angus on the 28th May, 1884, but two
days before he had signed a paper abandoning all claim to the house. There was no clearing
on this particular lot till after August, 1884. Evidence is wanting to show that Angus was
a bond fide occupant of or had made substantial improvements upon this lot, or that anyone
through whom he claims had done so prior to Mr. Van Home's visit. The house Angus
himself put up on the lot was not till the fall of 1884.
Evidence in Mashiter's Claim.
Walter C. Muir (sworn):—Contractor in clearing land and grading streets in Vancouver. I know place where Hayden's store now stands on Water Street; I knew it at time
of fire; I came here two years ago 1st March ; I did clearing in that vicinity, some along
Water Street, between it and railroad track ; I did it under contract with C. P. R.,—$310
an acre; it was started already before I began ; contract not in writing; I was to close-cut it
to the ground and burn all the logs: no grubbing; any high knolls had to be pulled down,
but no cutting out of the stumps ; to grub would be worth $200 an acre more; some parts
would be worth more; I have seen stumps that it would cost $60 to remove—that is as high
as any of them would go—smaller ones down to $1 and $2 ; these big ones were not very
plenty; a good many would cost from $20 to $25; powder-dynamite is used in taking-
out these stumps; if you had none it would cost more—I should think one-third more ; the
contract I was working at (June, 1886) at time of fire; I have had contracts since for
company at about $20 a lot, 25 x 120; this was for close-cutting without grubbing.
I am grading streets now; that was about the average price for clearing at time of fire;
prices have come down since; price of slashing land between Water Street and track would
be worth then $25 an acre.
I came here in 1886 ; I cleared from Cambie Street up to Granville Street, between track
and street, somewhere between three and four acres in this contract; where there was a
terrible high place, I had to pull it down—or high rotten wood, I was to haul such places
down; before I was paid, I was sent to do something with some rotten wood; I cut no trees
down—I cut down the stumps, some 6, 8, or 10 ft. high; the butts of all the trees were left
on that land; these I cut down ; the butts were worse to cut down than to cut a tree; a tree
is cut from spring-boards in an easy part; I did well enough with this contract; some days I
made more than $4 a day, and all through I made that much ; the lots I cleared were from
Cambie Street to Hastings Street, 18 or 20 lots in all; I cut them close and levelled down the
rotten wood, and made as decent a job as I could; I did not make very good wages at this ;
I had five or six men working; I guess I made $3 a day with the profit I had off the men ; I
had to pay them $2.50 a day.
Butts were a great deal thicker and harder; slashing is when you get up and cut from a
spring-board ; it would be easier to cut whole tree at butt at first than to cut off the butts
after it has been slashed; you mostly have to chop the butts; I cleared over on other side of
Westminster Avenue; lower part of town is heaviest clearing.
W. C. Mum.
Colin C. Ralston:—I know lot Mashiter claims (1 in 17 Block); I did no work on
it, nor was I agent for it; I knew lot in May, 1884; I saw improvements thereon then;
some timber was cut then, and some lumber was on the ground ; I could not give the clearing ;
I saw a man working there with the lumber; a man called Lunn was in occupation then and
handling the lumber.
I knew lot from the map ; it was a drawing on common wrapping paper that Hjorth
had; it showed more than the map of 1870; a road ran past the corner of this lot, and I
would go past it to False Creek ; I don't know who felled the timber; no one making shingles
there then; I can't say if anyone had been; my signature is to affidavit sworn 2nd July,
Colin C. Ralston. 57 Vict. Claims to Lots in Old Granville Townsite. 1145
William Mashiter (sworn) :—-My claim is to Lot 1, Block 17, the old Granville town-
site, surveyed before the railroad came. My claim arose by purchasing right of Wm. Lunn. I
took a bill of sale or receipt; that was lost in the fire. It was in a house on Hayden's lot at
time of fire. I was living in that house, and it and contents were burned. It just conveyed
all Wm. Dunn's right, title, and interest with the improvements and the lot for $50 consideration. I paid that to him. No one was present when I paid. No witness to bill of sale, I
think. I bought this in December, 1884. The improvements were a two-roomed house, and
a small portion of the lot cleared. McEwan lived in house when I bought it. I don't know
if he was paying rent when I bought. He paid me no rent for the time he stopped ; about
three months. I put some little further improvements on the lot. I did a little fixing
round the house; nothing to amount to much. I did not rent it afterwards. That house was
burnt in the fire. I did not occupy it at all after the fire. I did not rebuild. It was occupied
up to the time of the fire. I don't know the names of the men who were in after McEwan
left.    Since the fire I had some shingles stacked in the lot I bought.
I came first to Granville in beginning of November, 1884. I was a fisherman. I came
from Skeena River. I did not know Lunn before. I never heard of him before I came to
Granville ; can't say when I first became acquainted with him. I heard it was for sale. I
saw a man acting for him. I had no communication with Lunn. I think I knew him by
sight. Somebody showed me this lot before. I paid for it. I saw stakes at the north-west
corner and south-west corner. Receipt was brought me by Stewart. Stewart signed it for
Lunn. I paid money to Stewart. It was signed "Stewart for Lunn"; nothing else. I never
slept in it. I gave McEwan permission to stop there when he left. I was leaving Granville
myself, and I told Stewart to put anybody he liked in. I saw' this man living in it two or
three times a month till before the fire. I went from Granville to Eraser River ; I stopped
there till about two weeks or a month before the fire. I left about 16th March, 1885, and
returned at middle of April, 1886. I made an affidavit 2nd July, 1886, for the Company. I
knew Lunn located 1st April, 1884, by being told so; I can't say who gave me this date. I
did not know of affidavit to Mr. Smith of my own knowledge; I took these things for granted.
I don't know where Lunn is ; he has gone off to California. I spent perhaps $20 or $30 in
material on the place. The shanty was on the lot according to the stakes what were showed
to me ; quite a number of people showed them to me. 1 was a perfect stranger in Granville at
the time. They all showed me the same stakes. I have taken no interest in any of these
claims more than the ordinary general interest. The corner post of the cabin is there yet, and
if street is in the same place now as then the greater part of the cabin can be proved to be on
the lot. Part of it may be on Carrall Street, perhaps 4 or 5 feet. It was at least 14 x 18;
it might be 22 x 18. The cabin was a little on Carrall Street. Clearing was right round the
cabin, just so as you could build it comfortable. I have signed document, 2nd July, 1886, as
to Byram's lot. I swore to the matters therein contained from what I heard as the facts from
everyone, and I had no hesitation in swearing to it; I did not know it from my own
personal knowledge. Ralston might be one who told me. I am now a partner of Mr.
Hayden's. My signature is to document attached to Jacklin's, sworn 6th May, 1886. I know
about Jacklin's and Byram's lot, that the work on them had not been recently done; it had
been done some time. I swear to that from information and not from personal knowledge.
I would do so again, for I am perfectly satisfied as to the facts ; it was to get claim recognized
by the Company. I had no agents to assist, and I suppose they would assist me in the same
way. I believe I got the number of the lot from Stewart before I bought; I am not sure.
I stored shingles there soon after fire ; more than two bundles ; they were there till last
November. I never slept or lived on the lot. I lived on Hayden's lot. I attended the store;
Hayden and I together. I cannot say who prepared the documents. The first ones were
burned after being sent to the Company. The second ones made at the Company's request.
Their solicitors, Corbould & MeColl, furnished the forms.    Stewart's name was John.
Wm. Mashiter.
James H. Gillespie (sworn) :—I knew Lunn; he worked in the woods with me. He
lived at the camp on False Creek. I knew Lot 1, Block 17, I think; I could not say ; I
know no lot which Lunn located on. I know a house which they say Lunn built; I can
point it out on the map of 1874. I judge it to be on Lot 1, Block 17, as shown on map. It
cornered off from my lot, which was opposite it. I can't say that Lunn did improvements;
there was clearing done and a cabin built. They were done to the best of my knowledge
latter part of June or July, 1884.    I was living in the opposite house; I built a house and 1146 Claims to Lots in Old Granville Townsite. 1894
lived opposite in May. There was not room in my house and I occupied Lunn's in fall of
1884. There was McEwan living in it at the same time. It was a square-built house with a
partition. I lived on Lot 15, Block 3 ; Stewart's lot is next mine, and .Lunn's is over on the
corner ; I never heard it was Lunn's till here. I know line, of Carrall Street; the street has
been changed since; it was cut through and graded in 1884 ; can't say when in 1884. I took
up my lot before it was graded, i. e., in February, 1884. There was part of a street cleared in
front of my house, i. e., in Hastings street. Carrall Street was laid out afterwards ; the new
street was changed further to right. I don't know where the posts of the street were. Lunn
left me in the spring—April, I think—of 1884.    I saw him after he left me round town.
J. H. Gillespie.
Isaac Hayden (sworn):—I knew Wm. Lunn. He claimed Lot 1, Block 17. He went
away some time in summer of 1884. I don't know if he left an agent here. I was often
on this lot. He had a little house with two or three rooms. Ralston was keeping books for
Gillespie in Lunn's house in October, 1884. I knew Mashiter bought it from Lunn and paid
$50 for it; he came to my house to get the money to pay for it. I saw the bill of sale.
Mashiter showed me the bill of sale when he got back.    I was sick in the house then.
Lunn left in summer or fall of 1884. I saw him in the spring and winter of 1884—
January and part of February ; he was working in the camps. When I speak of spring I mean
March, April, and May. I was away after end of February. Lunn took up his lot before I
left nearly a month. I think he took it up in January. He began his improvements about
the first of February, before I began mine. He was working at monthly wages for Gillespie.
When I hunted for my stakes I saw a pile of lumber on his (Lunn's) lot; that would be about
10th February. There was only a pile of lumber when I left. I went up when I was sick,
in October, to the house ; it was finished then. It was a larger house than mine, about 14x20.
I did not advise Lunn to take up a lot, he was in advance of me. He was working in logging
camp and living there when he took up the lot.     Can't tell what was in bill of sale.
I. J. Hayden.
John Malcolm Stewart (sworn) :—I am Chief of Police in Vancouver. In July, 1883,
I came to Granville; lived in vicinity since. I know lot 1, block 17. In February, 1884, I
came into town to locate a lot. I found this lot occupied by some lumber piled on it and
foundation of a small house laid on the lot. I was in search of a location for myself. I
found that one of the teamsters in logging camp (Wm. Lunn) had located it. I was running
the camp aud employed by Gillespie. I found this out the same month. I then located the next
one to it or near to it, lot 16, block 3, as I wished to get in that part of the town. I built a house
of my own. Lunn was leaving the country and kept offering it to me to sell ; I bought it
off him. It was along during the time I was building my house, which was finished in June,
1884, that I bought from him. I am not exactly sure what I paid. I gave him $10 to bind
the bargain, and afterwards I gave him $10 or $15 more and took a receipt for sale of the
property. That receipt I lost with other papers during the fire. My house and all in it was
burned. I was living in my own house at fire. Having bought the property along in
October, 1884, when my family arrived I built a cabin 18x12, two rooms; I employed Reed
to build it. Not much clearing had been or was done on the lot. It had been fired in previous
years and there were clear spots on it sufficient for building purposes. I sold place again
to Mashiter for $40 or $50. I gave him a bill of sale of it. Before I sold shanty or cabin,
Ralston had it as an office and a man named McEwan had rooms in it. McEwan was a
speculator and remained here in that house that winter, 1884-5 ; he was from Winnipeg.
Ralston paid me $2 a month. I let it to Ralston and McEwan. There was not sufficient
lumber to build when Lunn had it; there was 800 or 1,000 feet. I bought this from
Lunn. I got more. Lunn was in the camp across False Creek. Lunn put this lumber on
and started the foundation of a house. He lived in the .catnp. I did not know then where
the lines of the lot were. A little brush was cleared for the foundation. Lunn laid a
few blocks and the sills for foundation ; I removed them and did not build where original
foundation was laid. It was on the back part of the lot; I built on the North, fronting
Hastings street. The former lumber was on south of the lot. Carrall street at first was 99
feet, it is now 66 feet. I sold my right to Mashiter. I bought the property from Lunn. I
sold it myself to Mashiter.
John M. Stewart. 57 Vict. Claims to Lots in old Granville Townsfi'E. 1147
Evidence in Angus' Claim.
Isaac Hayden (sworn) :—I act under power-of-attorney for Thomas Angus, a brother of
John Angus, whom I knew when living. I knew of lot 2, block 3, being located by Angus,
but not of my own knowledge.
I. J. Hayden.
Joseph Huntley (sworn) :—I know lot in question. It was located by one Coleman in
early spring of 1884, February or March. He was located on it in February or March of that
year. He put up a cabin on it and cleared a small piece of ground. Cabin was 10x15 or 16
two rooms in it. I was often in the cabin. Coleman lived in it for a while, and a man
named Hjorth lived in it also. Coleman was living in it in April, 1884. I met him there
and he offered to sell it to me. They were doing the clearing gradually ; first a small
open spot around the house. I have found that some of the clearing and house is on the next
lot. Coleman sold his right and interest to John Angus on 28th May, 1884. I was not
present. There was a writing given from Coleman to Angus for the sum of $25. I saw it
and had it in my possession for a long time. John Angus put it in my possession partially
for safe keeping. He could not read or write and I did business for him. He asked my
opinion if it was a valid transfer, the day he received it. I last saw Angus in his last illness,
end of last September, when he left for Victoria. Bill of sale was handed in to solicitors of
C.P.R., by Angus. I saw him go into the office with it. I enclosed it in a large envelope
with declaratory statement, addressed to Corbould & MeColl, and gave it to Angus to give to
them. He went with it into their office. This was the first week in June, 1886. It was
when the C.P.R. called for declaratory statements to be filed with them, just shortly before
the fire. Mr. Corbould stated to me afterwards that it was destroyed with other papers by
the fire. There was a circular in reply, that had apparently been sent to Coleman by Mr.
Smith, making application to purchase this lot, that was in this large, envelope. I can't say
if any other papers were enclosed in it. After Angus bought it some time he put a new house
on it; he had a portion of the lot cleared and had a man (Griffiths) build for him. This was
completed in October or November, 1884, and perhaps not then. He began to build quite
early. This clearing for the new house was after Angus had bought, but I can't fix the time.
This new house had three rooms, 18x24 or 20x24 possibly, a good, substantial, small dwelling-
house. It was rented to a family called Newmayer ; he was the first tenant and it might be
the last before the fire. Newmayer went in immediately after the completion of the house.
1 estimated its cost at $100, a fair estimate I judge, not including the clearing. I put the
clearing at either $90 or $95, i. e. clearing and cost of old cabin. When Coleman located
there was no road into this place ; the settlers cleared a kind of tote road through the timber.
Coleman told me he had assisted at this; this tote road connected with the present Abbott
street. I acted for Angus, and advised him and did his writing. I was asked by Angus to
write the transfer, but I had to go away and could not do it for him. I was Provincial
Constable and had to go with prisoners to Westminster. I am now Sanitary Inspector for the
city. In early part of 1884, population of Granville was between 75 and 100 souls of
permanent population, this included Chinese but not Indians. Two or three Chinese houses
and seven or eight families in the population of 75 or 100. This was about the usual population of Granville ; a little village, three hotels and three stores, butcher's and blacksmith's shops,
&c. There was a large floating population, i. e. men engaged in lumbering within a radius of
100 miles, who made Granville their headquarters when out of work. Two streets, New
Westminster Road, Carrall Street, and Water Street, opened up for a block and a half. New
Westminster Road, called Slaughter-House Road, went to False Creek and had two or three
houses on it. The other roads had no existence, in fact, but work was begun on some of them
in 1884. Previous to that they were all wood and impasssble. It was tolerably heavy
timber in these woods and some very heavy in the town site. It was heavier along the salt
water, as is generally the case. I took up a stump 19 feet across on Abbott Street. I took
out 27 stumps in Cordova Street in 132 feet in length of a 66 feet street, by the aid of the
prisoners. This was the chain-gang. There was a Provincial gaol here used for the North
Arm of the Fraser and adjoining country. All kinds of prisoners—men from ships and others
imprisoned for breach of discipline. Average of chain-gang was about five, and we had to
keep them employed at work on roads and bridges and Government property generally.
I saw lot after cabin was put on by Coleman; I saw it in March and April, 1884 ; I only
knew he put it on by what he told me.    I  am not aware of any work being done on adjoining 1148 Claims to Lots in Old Granville Townslte. 1894
lot. Coleman was running a barber's shop in town and living in Granville, and had been for
months then. Angus was a lumberman and stopped at the camp; he was boarding in the
Dayton House when he bought from Coleman. I can't say when Angus began work, but I
think it was within a month after he bought. There was a small piece of ground surrounding
the house, 20x30 or 40 feet, cleared by Coleman, I suppose—sufficient for a garden. I made
a memorandum of the date in pencil when I was getting up the papers for Angus. I saw no
money paid over. I expect I knew of the notice warning squatters in May, 1884 ; I remember
reading the notice ; it would most likely be talked over with Angus. I never took any active
part in advising the squatters. I should most likely have told Angus it did not interfere with
his rights, if Coleman had any rights. I can say noiv that the cabin was on the dividing line
between the two lots ; it looks to me to be about equally divided by the line between lots;
the clearing, I judge, was more on the east side, i. e., lot 12, i. e., the first clearing by Coleman,
but it is hard to judge on the present lines.    I know all these squatters by sight.
Notice of May, 1884. 1 can't discriminate between town sites and rural. I would
rather not say.
Jos. Huntley.
Joseph Griffith (sworn):—I knew John Angus. I built a house for him in 1884. It
was frame, rough-board and battened, three rooms ; I charged him $118 for it. It was built
pretty near centre of Lot 11, Block 3. I began to build on 5th November ; got up lumber on
4th, 1884; it was completed near about 1st December, and it was occupied by a family on 3rd
December, man, wife and three or four children.
There was a cabin partly on it and partly on next lot when I was building. I understood
it was cleared jointly by Hjorth and Coleman, but I don't know anything about it. Clearing
was four or five square rods, which I saw early in year on this lot, a small patch. I knew
boundaries when I built and before ; I saw the old stakes. A person by observing the old
stakes could see that the cabin was built on the two lots. A little before, Jno. Angus employed
me to clear the balance of the lot; the cost was to be $45. Other families lived in the house.
A man named Green lived in it up to the fire.
Joseph Griffith.
Printed by Richard Wolfkxdbx, Printer to the Queen's Most Excellent Majesty.


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