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Orders in council relating to British Columbia Canada, privy council 1896

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   • -
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t— .■  Mef, 36, Inttrior ; Geological Survey.
Copy of a Report of a Committee of the Honorable the Privy Council, approved by His
Excellency the Governor General in Councily
on,the 7 th. Juno, 1871.
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The Committee have had under consideration the annexed Memo., dated 6th
i
June. 1811, from the Hon^theiSecretary of .State fori the Provinces on the subject of
a proposed preliminary Geological Survey of British Columbia during the present
year, and they respectfully advise that the-several recommendations submitted in
the said annexed Memo, be approved and carried into efifeot.
Certified,
(Signed) WM. H. LEE,
a p. c.
To the Honorable
The Secretary of State for the Provinces.
&o.,       &o.,       &c.
-i ---=. r;_ ' The undersigned has had under consideration the accompanying letter from the
Director of the Geological Survey on the subject of a proposed preliminary Geological Survey of British Columbia during the present year. The importance of making
a commencement of the Geological Survey of British Columbia this year was
strongly urged by Mr. Trutch upon the Government and the undersigned is of
opinion that it is for many reasons very desirable that the present season should not
fie lost.
By acting in oonoert with the Engineering parties to be sent out by the Public
Works Department to explore the passes of the Rocky Mountains, &c, in connection
with the Paoifie Eailway the Geological party could carry on their Survey more
economically and safely than they could do without such help, and they in turn
conld not fail to be useful to the Engineering parties. Under these circumstances
the undersigned would respectfully recommend that the Director of the Geological
Survey be authorized to organize and equip a Surveying party of six persons, as
proposed in his letter, for the purpose of effecting a preliminary Geological Examination of certain portions of British Columbia, as suggested by him, on the understanding that the cost of such Surveying party shall not exceed $6,000. for the year,
and that it be defrayed out of the unexpended balance of $9,400. available for Survey
purposes from past years. The Committee do not advise the appointment of any one
to take charge of the Survey but recommend that the Director should be requested
himself to accompany the Expedition this year with a view to his acquiring such a
personal and practical knowledge of British Columbia as will enable him hereafter
to successfully direct Geological Explorations in that portion of the Dominion.
Should this recommendation be carried out it is desirable that the Diiector of
the Survey should at once put himself in communication with the Officer appointed
by the Department of Public Works to conduct the Engineering Explorations which
it is proposed to make under the direction of that Department in order that they
may make arrangements to act in concert as above suggested.
All of which is respectfully submitted.
June 6th, 1871.
(Signed)
JOSEPH HOWE. Ref. 83,749.
Copy of a Report of a Committee of the Honourable the Privy Council, approved by His
Excellency the Governor General in Council
on the 13th July, 1878.
294
On a Memorandum dated 11th July, 18*78, from the Hon. the Minister
of Public Works, reporting that on the 1st June, 1877, an Order in Council
was passed in accordance with the provisions of the Canadian Pacific
Railway Act of 1874, defining the route of the railway between Fort
William, on the Kaministiquia River, and Jasper House and Tele Jaune
Cache^^-. - >*
i That the same Order in Council also defined the route from the last
named point to the Pacific Ocean in the event of the Bute Inlet or Dean Inlet
routes being ultimately adopted, these being the routes through British
Columbia, one of which, at that time, it seemed probable would be adopted.
That later information has shown that it would be in the public
interest that the route of the railway, from the neighbourhood of the Tete
Jaune Cache, should be towards Burrard Inlet.
The Minister therefore recommends that the route of the railroad shall
be defined generally as passing from the neighbourhood of the Tete Jaune
Cache, by the Albreda River, to the North Thompson River, and descending the Valley of the North Thompson River, towards Kamloops Lake to
the Fraser Valley at Lytton, and thence descending the Valley of the Fraser
by Tale and New Westminster, to Port Moody, or such other point on or
near Burrard Inlet, as may be found most convenient for the purpose of
Harbour accommodation.
The Committee submit the above recommendation for Your Excellency's approval.
Certified,
To the Honourable
The Minister of the Interior.
&c,    &c,    &c.
(Signed)
I O. COTfi,
a p. c.
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====  Mef. 16,051 on 6182.
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Copy of a Report of a Committee of the Honourable the Privy Council, approved b}r His
Excellency the Governor General in Council,
on the 3rd September, 1878.
On a Report, dated 31st August, 1878, from the Hon. the Minister of
Public Works, stating that by the eleventh clause of the agreement, under
the terms of which the Province of British Columbia entered the Dominion
of Canada, the G-overnment of British Columbia engaged to convey to the
Dominion G-overnment. in tmst, to be appropriated in such manner as the
Dominion Government might deem advisable in furtherance of the construction of the Canadian Pacific Railway, an extent of public lands along
the line of Railway throughout its entire length in British Columbia, (not
however exceeding twenty miles (20) on each side of said line), equal to
the area which might be appropriated for the same purpose by the
Dominion Government from the Public lands of the North-West Territories
and the Province of Manitoba ; the conditions of the agreement further
providing that the quantity of land held under pre-emption right, or by
Crown grant within the limits of the tract of land in British Columbia to
be so conveyed to the Dominion Government, should be made good to
the Dominion from contiguous public lands.
That by several Orders in Council in that behalf, the necessary public
lands of the North-West Territories and Province of Manitoba, along the
line of the said Railway, have been withdrawn from sale and settlement,
pending the appropriation thereof for the purpose of the said Railway ;
and the route of the line of Railway, through Manitoba, the North-West
Territories and British Columbia, having been now defined by Orders in
Council, it is advisable that the necessary appropriation should be made,
and that the Government of British Columbia should be called upon to
convey to the Dominion Government such extent of public lands in British
Columbia as has been above specified.
The Minister therefore recommends thai all public lands in the
Province of Manitoba, and in the North-West Territories, within twenty
miles on each side of the said line of Railway, be set apart for the purposes of the Canadian Pacific Railway, and be appropriated in such manner as the Dominion Government may deem advisable in furtherance of
the construction of the said Railway.
The Minister further recommends that the Secretary of State be
authorized on behalf of this Government to inform the G-overnment of
British Columbia, as to the route of the line of Railway, notifying them
that all public lands in the Province of Manitoba, and in the North-West
Territories, within twenty miles on each side of the line, have been set
apart as above mentioned, and to request that. Government, in accordance
with their agreement in that behalf, to convey to the Dominion Government in trust, to be appropriated in such manner as the Dominion Government may deem advisable in furtherance of the construction of the
said railway, a similar extent of public lands along the line of Railway
through its entire length in British Columbia, and to make good to the
Dominion from contiguous public lands the quantity of land (if any)
which may be held under pre-emption right or by Crown grant within
the limits of the tract of land in British Columbia, to be so conveyed to
the Dominion Government.
The Committee submit the foregoing recommendations for Your
Excellency's approval.
Certified.
(Signed)       W. A. HIMSWORTH,
Clerk, Privy Council.
To the Honourable
The Minister of the Interior.
-li  JRef. 23,760.
Copy of a Report of a Committee of the Honourable
the Privy Council, approved by His Excellency
the Governor General in Council, on the 4th
October, 1879.
On a recommendation of the Honourable the Minister of Railways
90/
Q5 and Canals, the Committee advise that the Order in Council of the 13th
July,   1878,   defining the line of  route of the  Canada Pacific Railway
through British Columbia to a point on or near Burrard Inlet be confirmed.
Certified,
(Signed)       J. O. COTfi,
Clerk, P. C.
To the Honourable
The Minister of the Interior.
I  «s
Bef. 23,753.
Copy of a Report of a Committee of the Honourable the Privy Council, approved by His
Excellency the Governor General in Council,
on the 9th December, 1879.
298.
On a joint memorandum dated 6th December, 1879, from the Hon. the
Minister of the Interior and the Hon. the Minister of Railways and
Canals, representing that the commencement of the construction of the
Pacific Railway in British Columbia and the great distance of that
Province from Ottawa, render it important in the public interest to have a
local agent of the G-overnment competent to assist and advise the Department of the Interior in the administration of the Railway lands and under
instructions from the Department of Railways and Canals to supervise the
expenditure on railway construction with a general oversight of all the
works, and who would be available for other services of the Dominion
Government.
The Ministers accordingly recommend that a suitable person be
appointed to be designated the Resident Agent of Canada for British
Columbia at a salary of five thousand dollars, with an allowance of $5.00
per diem for travelling expenses when absent from home on duty—one
half of the salary to be chargeable to the Department of the Interior and
one half to the Department of Railways and Canals.
The Ministers further recommend that the Honourable Joseph W.
Trutch, C.M.Gr., who is in every way competent for the situation, be
appointed Resident Agent for British Columbia, and that his present
pension be suspended while so employed.
The Committee concur in the foregoing recommendations and submit
the same for Your Excellency's approval.
Certified,
I
m
(Signed)       J. O. COTfi,
Assistant Clerk P. C.
To the Honourable
The Minister of the Interior,
&c,    &c,    &c.
•1
_i  .
Ref. 23751.
Copy of a Report of a Committee of the Honorable the Privy Council, approved by His
Excellency the Governor General in Council,
on the 16th December,  1879.
On a Memorandum dated 15th December, 1879, from the Hon. the Minister of the
Lnterior, referring to the appointment of the Hon. J. W. Trutch, C. M. G,, by
Order in Council of the 9th instant, as .Resident Agent for Brilish Columbia, part of
his duties being to assist and advise the Department ot the Interior in the administration of the Railway Lands in that Province.
The Minister recommends that the Government of British Columbia be now
requested to take steps without unnecessary delay to convey to the Dominion Government the lands for twenty miles on each side of the Railway Line in the said
Province, pursuant to the eleventh section of the Terms of the Union between British
Columbia and the Dominion, and in accordance with the location of the Railway as
described in the Order in Council of the 4th October last, a copy of which has been
transmitted to the said Government.
app
The Committee submit the  above recommendation for   Your   Excellency's
roval.
m
Certified,
(Signed,)       J. O. GOTt,
Clerk, P. C.
To the Honorable
The Minister of the Interior.
rll  n-j'mn!"i'iJgiiJ»i.'UaiiWEMu.uj
Certified,
(Signed,)
J. O. COTE,
0. P. 0.
Ref. 23,751
Copy of a Report of a Committee of the Honorable the Privy Council, approved by His
Excellency the Governor General in Council,
on the 25th February, 1880.
On a Memorandum dated 18th February, 1880, from the Hon. the Minister of
the Interior, bringing to the notice of Your Excellency in Council the fact that so far
as he is aware, no action has been taken by the Government of British Columbia
towards conveying to the Dominion the lands for Railway purposes agreed to be
transferred by the Province to Canada, under Section 11 of the "Terms and conditions of Union," in compliance with the Order in Council of the 16th of December
last; a copy of which was duly transmitted to the Government of the said Province.
The Minister recommends that the Government of British Columbia be again
communicated with and requested to comply with the terms of the said Order in
Council, and that the necessary legislation with such view may be obtained during
the ensuing Session of the Legislative Assembly.
The Minister further recommends, in connection with this subject, that the
Government of British Columbia be informed that the Hon. J. W. Trutch, C. M. G.,
has been appointed a confidential agent of the Dominion in that Province and is fully
authorized to represent the Government in all communications, verbal or otherwise,
with the Oovernment of the Province, on the subject of the adjustment and transfer
of the land grant for Railway purposes set forth in the "Terms and conditions of
Union," and that Mr. Trutch is accordingly duly accredited to the Government of
British Columbia with such view.
The Committee concur in the foregoing recommendations and submit the same
for Your Excellency's approval,—it being understood that all such arrangements
before being formally concluded be sanctioned by the respective Governments.
II
The Honorable
The Minister of the Interior.
■I  Ref. 23754.
Copy of a Report of a Committee of the Honorable the Privy Council, approved by His
Excellency the Governor General in Council
on the 25th February,  1880.
On a Memorandum dated 16th February, 1880, from the Honorable the Minister
of the Interior, referring to the appointment by Order in Council of the 9th December, 1879, of the Hon. J. W. Trutch, C.M.G., as Confidential Agent of the Government
in the Province of British Columbia, in connection with the Department of Railways
and Canals, and the Department of the Interior; and submitting certain remarks
and suggestions for the consideration of Your Excellency in Council, as defining the
relations which it is proposed Mr. Trutch shall occupy towards his Department, and
in reference to lands and Indian affairs.
The Committee concur in the views and recommendations submitted in said
Memorandum, and advise that the same be approved and acted on.
m
Certified,
(Signed,) J. O. COTE\
Clerk, P. C.
The Honorable
The Minister of the Interior.
1 DEPARTMENT OF THE INTERIOR,
Ottawa, 16th February, 1880.
MEMORANDUM.
Eeferring to the appointment by Order in Council of the 9th December, 1879, of
the Hon. J. W. Trutch, C.M.G., as confidential agent of tbe Government for the
Province of British Columbia, in connection with the Department of Railways and
Canals, and the Department of the Interior, the undersigned has the honor to submit
the following remarks for the consideration of Council, as defining tho relations,
which it is proposed Mr. Trutch shall occupy towards this Department.
BAILWAT   LANDS.
1. It is proposed that Mr. Trutch shall be charged, under the direction of
Council through the undersigned, with the entire management and administration of
the lands in the Pacific Slope, to be transferred by the Province of British Columbia
to Canada, under Section 11 of the "Terms and conditions of Union," and his first
duty will be to take steps with as little delay as possible, placing himself in communication with the Government of the Province, with that view to obtain from the
Piovincial Government a statement of the condition of the lands in the valley of the
Fraser River, elsewhere in the Province within the twenty mile belt on each side of
the Canadian Pacific Railway Line, as located, setting forth:—
(a) The lands actually disposed of—
(6) Those for which application has been made and the claims to which are still
pending distinguishing the various classes of such claims with a synopsis of the merits
in each case;
Also to obtain copies of all maps and surveys showing the situation of any and
all of such lands disposed of or in relation to which claims are now pending.
2. That with a view of collecting and condensing such information, and to the
preparation of the necessary maps and plans immediately required, and further, as
essentially necessary to enable him to carry out the important duties entrusted to
him in respect of the Survey and administration of the lands about to be taken over
by the Government, a branch of the Surveyor General's Office, should be established
either at Victoria or New Westminster, as may be found most convenient, and Mr
Trutch should be authorized to establish such office, and to obtain the necessary
accommodation for the same, and to employ from time to time with the approval of
Council, through the undersigned, such surveyors, draughtsmen, and clerks, as may
be necessary in connection therewith.
3. There is reason to believe that the character of the land for a considerable
distance along the line of the Canadian Pacifio Railway as located in British
Columbia, is such, as to be altogether unsuited for agricultural purposes, and therefore, valueless for the objects contemplated at the time the Province was admitted
into the Confederation, which was, that the lands proposed to be transferred to the
Dominion should be laid out and sold to aid in the construction of the Road.
The portion of Section 11 of the "Terms and Conditions " in which the Province
became a part of the Dominion, which refers to the grant of land to be made by the
Province for the purposes of the Railway, is as follows;-« And the Government of r--4     " "---^- ■ — ■—> (i'r)-|iiii|- t     5
2
1 British Columbia, agree to convey to the Dominion Government in trust, to be
" appropriated in such manner as the Dominion Government may deem advisable in
I furtherance of the construction of the said Railway, a similar extent of public lands "
I along the line of Railway, throughout its entire length in British Columbia, (not to
I exceed, however, twenty (20) miles on 3ach side of the said line,) as may be appro-
1 priated for the same purpose by the Dominion Government, from the public lands
| of the North-West Territories and Provice of Manitoba. Provided that the quantity
"of land which may be held under pre-emption right, or by Crown grant within the
I limits of the tract of land in British Columbia to be so annexed to the Dominion
" Government, shall be made good to the Dominion from contiguous public lands; and,
I provided further, that until the commencement, within two ye^rs as aforesaid, from
I the date of the Union, of the construction of the said Railway, the Government of
" British Columbia, shall not sell or alienate any further portions of the public lands
I of British Columbia in any other way than under right of pre-emption, requiring
■" actual residence of the pre-emptor on the land claimed by him. In consideration of
| the land to be so conveyed in aid of the construction of said Railway, the Dominion
" Government agree to pay to British Columbia, from the date of the Union, the sum
" of $100,000 per annum in half yearly payments in advance."
In view of the statement made in the preceding paragraph, it now becomes
necessary that an understanding be arrived at with the Government of the Province
by which the Dominion may receive an equal area of lands available for farming or
other economic purposes in lieu of those which on investigation, may be found to be
unavailable within the forty mile Belt, and the undersigned respectfully recommends
that it be an instruction to Mr. Trutch, to confer with the Provincial Government on
the subject, and to urge on behalf of the Dominion Government the concurrence of
the Provincial Government in the following, i.e., that such territory, situate within
the forty mile Belt referred to in the Section of the " Terms and Conditions " above
quoted, as may be found on a thorough examination and investigation useless for
farming or other valuable purposes, may not be regarded as properly forming part
of the land consideration to be received by the Dominion, but that the same should
be eliminated from the area in the Belt described, and that an equal area of land suitable for farming or other valuable purposes, should be selected elsewhere in the
Province in lieu thereof.    The area to be selected outside of the Belt mentioned
should in addition include a quantity of land to represent that in the Fraser River
Valley and elsewhere along or in the vicinity of the Railway line which may be found
to have been already disposed of by the Province, or with regard to which valid
claims maybe preferred, also to cover the deficiency caused by the International
Boundary on the main land and the coast lines on Vancouver Island respectively
falling  within the forty mile Belt.   The lands so selected outside should be transferred by the Provincial Government to the Government of tho Dominion to be dealt
with in all respects as if the same formed part of the forty mile Belt.
The undersigned cannot doubt that the Provincial Government will consider
itself pledged in good faith in view oi the whole circumstances, and of the actual
money consideration stipulated for in the Section of the "Terms and Conditions"
above cited, and which has been regularly paid, to place the Dominion Government
in possession of land elsewhere in lieu of the corresponding area within the Railway
Belt which may be found to be useless for agricultural or other valuable purposes.
4. It will be the duty of Mr. Trutch on the principle indicated in the foregoing
paragraph being conceded, to obtain an exploratory survey and inspection of the
country for twenty miles on each side of the Railway line as looated within the
Province, and to ascertain with approximate accuracy, the proportion of available 8
and unavailable land included therein, and then proceed in manner as may have been
previously arranged between the respective Governments, to select lands elsewhere
in the Province in lieu thereof, duly reporting the same, in order that steps may be
taken to have them properly transferred to the Dominion.
5. It will further be the duty of Mr. Trutch, on ascertaining what lands within
the surveyed portions of the Railway Belt in the valley of the Fraser River and elsewhere along the Railway line on the Pacific Slope, may be available to be disposed
of and on a definite selection having been made outside of such belt of lands in lieu
of the unavailable lands in such belt, to advise the Government and to submit such a
soheme for dealing with the same as regards mode of survey and price of lands, as he
may think best adapted to the requirements of the country, bearing in mind throughout the objeot of realizing from such lands, funds for defraying the cost of the
Railway.
6. It will be remembered that in 1875, an Act of Parliament of Canada was
passed making the provisions of the " Dominion Lands Act" applicable to the Province of British Columbia, in so far as concerned the Survey and Administration of
the Railway lands in that Province.
The undersigned is advised that in consequence of the physical conformation of
the Country such an application of the " Dominion Lands Act" would be impolitic,
if not indeed altogether impracticable, he therefore recommends its repeal, and that
in the repealing Act, authority be given to His Excellency the Governor General in
Council to regulate the manner in which the Railway Lands in the Province shall be
surveyed and laid out, and also to determine and regulate from time to time the
terms and conditions of the disposal of such lands.
INDIAN AFFAIRS.
7. In connection with Indian affairs in British Columbia, the undersigned suggests that Mr. Trutch be authorized and instructed to exercise a general supervision
over the same, advising with Mr. Superintendent Powell, and other chief officers in
charge, and making such suggestions, from time to time as he may consider calculated to contribute to the more efficient administration of Indian affairs on the Pacific
Coast.
Respectfully submitted,
(Signed)
JOHN A. MACDONALD,
Minister of the Interior, ■WLJ.,IIL_
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5
##.[51,846 on 34,187. f-^'r1
Certified Copy of a Report of a Committee of the
Honorable the Privy Council, approved by
His Honor the Deputy of His Excellency
the Governor General in Council, on the 26th
October, 1882.
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On a memorandum dated 25th October, 1882, from the Minister of Railways and
Canals, representing that a Certificate No. 1, dated the 23rd inst, has been received
from the Chief Engineer of the Canadian Pacific Railway, showing that upon the
eastern section of the railway there has been completed and equipped, so far as to
admit of the running of regular trains thereon, an extent of twenty (20) miles of road
west from Callander.
The Minister submits the following particulars of the certificate:—
Total value of work done and materials delivered up to the 23rd Oolobor, 1882,
(20 miles west of Callander) at $15,384.61 a mile—$307,692.20.
The Minister states the said certificate farther shows the Company to be entitled
to receive their land subsidy of the twenty miles so completed at the rate of 9,615*35
acres a mile, or a total of 192,307 acres, less one-fifth retained under the contract.
The Minister recommends that authority be given for the payment of the amount
covered by the present certificate, namely, $307,692.20.
The Committee submit the above recommendation for approval.
(Signed,)
JOHN J. MoGEE.
The Honorable
The Minister of the Interior.
***■.*
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JStf/. 52,146 on 34,187.
Certified Copy of a Report of a Cominittee of
the Honjable the Privy Council, approved
by His Honor ohe Deputy of His Excellency
the Governor General in Council, on the 3rd
November, 1882.
On a Memorandum dated the 31st October, 1882, from the Minister of Railways
and Canals, representing that, under date the 30th inst, a Certificate, No. 16, has been
received from the Chief Engineer of the Canadian Pacific Railway, showing that a
further extent of 20 miles of track has been laid on the Eastern Division of the Central Section of the Canadian Pacific Railway, making a total of 501 miles of road on
this division completed and equipped so far .as to admit of the running of regular
trains thereon.
The Minister submits the following particulars of the present certificate:—
$5,010,000 00
Total value of work done and materials delivered up
to the 30th October, 1882,501 miles at $10,000
Add advance on rails.   Total advance 30,750 tons at
$50 = $1,537,500 X 75  1,153,125 00
Less   covered   bv   this  estimate,   14,300   tons   at
$50 M $715,000 X -75      536,250 00
Less deducted for plant, &c, taken by the Company,
as per estimate No. 1, (subject to correction)... 1,042,519 29
Less amount payment of which is deferred by O. C.
dated 23rd May, 1882     500,000 00
Of this amount the books of the Accountant of the
Department show that there has been already
paid	
616,875 00
5,626,875 00
542,519 29
5,084,355 71
4,959,355 71
Leaving the balance now payable..
125,000 00
That, including the present certificate, total amount which will have been paid
to the Company is as follows:—
On Eastern Section 20 miles $  307,692 20
On Central Section (Eastern Division) 501 miles 5,084,355 71
$5,392,047 91
The Minister further represents that the present certificate shows that the Company
are entitled to receive their land subsidy for the said 20 miles at the rate of 12,500
acres per mile, or a total of 250,000 acres, loss one-fifth retained under the contract.
The Minister recommends that authority be given'for" thepaylnenErto the Com
pany of the said sum of $125,000.
The Committee advise that the requisite authority be granted.
(Signed),
JOHN J. MdGEB,
The Honorable
The Minister of the Iuterior
"N.
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Ref. 52.H31.
;j
Certified Copy of a Report of a Committee of
the Honorable the Privy Council, approved
by His Honor the Deputy of His Excellency
the Governor General in Council, on the
15th November, 1882.
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On a Memorandum dated 14th November, 1832, from the Minister of Railways
and Canals, representing that a Certificate No. 17, dated 11th Nov., instant, has been
received from the Chief Engineer of the Canadian Pacific Railway, showing that
upon the eastern division of the central section of the Railway there has been completed and equipped, so far as to admit of the running of regular trains, a further
extent of 20 miles of road, making a total on this division of 521 miles.
The Minister submits the following particulars of the present Certificate:—
Total value of work done and materials delivered up to the
8th Nov., 1882: 521 miles @ $10,000     $5,210,000 00
Add advance on rail*: Total advance 30,750
tons @ $50 =$1,537,500 X  75 =   $1,153,125 00
Less covered by this estimate, 16,300 tons
@ $50 = $815,000 X *75 =       (611,250 0O.
541,875 00
$5,751,875 00
Less deducted for plant, &c, taken by the
Company as per estimate No. I ("subject
to correction) M  $1,042,519 29
Less amount payment of which is deferred by
O. C. dated 23rd May, 1882       500,000 00
542,519 29
$5,209,355 71
Of this amount the books of the accountant of the Department show that there has been already paid     $5,084,355 71
Leaving the balance now payable       $125,000 00
The Minister states that the presont Certificate further shows that the Company
are entitled to receive their land subsidy, for the said 20 miles, at the rate of 12,500
acres a mile, or a total of 250,000 acres lessone-fifth retained under the_con tract.
The Minister recommends that authority be given for tbe payment to the Company of the aforesaid balance covered by the present Certificate, namely $ i 25,000.
The Committee advise that payment be made accordingly.
(Signed,)
JOHN J. McGEB.
The Honorable
Tbe Minister of the Interior.
1  TV
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To the Honorable
Reft 52,872.
Certified Copy of a Report of a Committee of
the Honorable the Privy Council, approved by
His Honor the Deputy of His Excellency
the Governor General in Council, on the
22nd November, 1882.
On a Memorandum, dated 21st November, 1882, from the Minister of Railways
and Canals, representing that a Certificate, No. 18, dated the 20th November inst.,
has been received from the Chief Engineer of the Canadian Pacific Railway, showing
that upon the eastern division of the Central Section of the Railway there has been
completed and equipped so far as to admit of the running of regular trains thereon,
a further extent of 20 miles of road, making a total on this division of 541 miles.
The Minister submits the following particulars of the present certificate.
Total value of work done and materials
delivered to the 15th November, 1882 $5,410,000.00
(541 miles at 810,000).
Add advance on rails—total advance
30,750 tons at $50=$ 1,537,500X75=   $1,153,125.00
Less covered by this estimate 18,300
tons at $50=$915,O0OX75=        686,250.00
       466,875.00
$5,876,875.00
Less deduction for plant, &c, taken by
the Company as per Estimate No. 1
(subject to correction)    $1,042,519.29
Less amount of payment of which is
deferred by O.C. dated 23rd May, 1882        500,000.00
       542,519.29
$5,334,355.71
Of this amount the books of the accountant of the Department show
that there has been already paid  5,209,355.71
Leaving the balance now payable  $125,000.00.
That inclusive of the sum covered by the present certificate, the total amount
paid to the Company will be as follows:—
On the eastern section, 20 miles  $'307,692.20
On the central section, eastern division, 541 miles...        5,334,355.71
Total        $5,642,047.91
The Minister of the Interior.
if J
Mil
til
m » fWHtloate tol&er shows that the Company
The Mieister states that the present ^^ ^ mUeB at the rate 0f 12,500
The Master —ends that aathontyU,*- g - «*— *» I
Company of the aforesaid balance, namely, f U6,uuu.
The Committee advise that payment be made accordingly. M
(Signed,)
JOHN J. MoGEE, 53,632 on 34,187
Certified copy of a Report of a Committee of
the Honorable the Privy Council, approved
by His Honor the Deputy of His Excellency
the Governor General in Council, on the 1 ith
December, 1882.
m
a1
On a Memorandum, dated 7th December, 1882, from the Minister of Railways
and Canals, representing that a certificate No. 19, dated 6th December, instant, has
been received from tho Chief Engineer of the Canadian Pacific Railway, shewing that
upon the Eastern Division of the Central Section of the Railway, there has been completed and equipped, so far as to admit of the running of regular trains thereon, a
further ^setalof 20 miles of road, making a total on this Division of 561 miles.
The Minister submits the following particulars of the present certificate:—
Total value of,work done and materials delivered up to
the 3rc$December, 1882, 561 miles at 810,000... $5,610,000 00
Add advance on rails.   Total advance 31,350 tons at
$50=$1,567,500 X "75	
Less covered by this estimate, 20,300 tons at $50=
$1,015,000 X *75 •.•
Less deducted for plant, &o, taken by the company
as per estimate No. 1 (subject to correction)....
Less amount payment of which is deferred by O. C,
dated 23rd May, 1882	
$1,175,625
761,250
414,375 00
$6,024,375 00
1,042,519 29
500,000 00
542,519 29
5,481,855 71
5,356,855 71
Of this amount the books of the accountant of the
Department show that there has been already paid
Leaving the balance now payable  $125,000 00
The Minister states that the present certificate further shows that the company
are entitled to receive their land subsidy for the said 20 miles, at the rate of 12,500
acres a mile, or a total of 250,000 acres, less, one-fifth retained under the contract.
Tho Minister recommends that authority be given for the payment to the company of the aforesaid balance covered by the present certificate, namely, $125,000.
The Committee advise that payment be made accordingly.
(Signed),
JOHN J. McGEE,
To the Honorable
The Minister of the Interior.
iHiB^Siii^iM  ■ f	
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J2e/. 63,331 on 34,187 No. 4.
Certified Copy ot a Report of a Committee of the
Honorable the Privy Council, approved by
His Excellency the Governor General in
Council, on the 7th July, 1883.
On a Memorandum dated 4th July, 1883, from the Acting Minister of Railways
and Canals, representing that a certificate, No. 729, dated the 20th of June, 1883, has
<gy been issued by the Chief Engineer of the Canadian Pacific Railway, showing that
N/^r upon tho Eastern Division of the Central Section of the Railway, there has been
ft P' completed and equipped, so far as to admit of the running of regular trains thereon,
■o,' a further extent of 20 miles of road, making a total on this Section of 681 miles so
completed.
The Minister submits the following particulars of the present Certificate:—
Total value of work done and materials delivered up to the 20th of
June, 1883,—681 miles at $10,000 a mile  $6,810,000.00
Add advances on rails 49,600 tons at $50 = $2,480,000
X -75=    $1,860,000.00
Less on rails in track, upon which an advance has been
made, 29,730 tons at $50 = $1,486,500 X -75     1,114,875.00
        745,125.00
$7,555,125.00
Of this amount the books of the Accountant of the Department show
that there haB been already paid the sum of..     7,430,125.00
Leaving the balance now payable       $125,000.00
The Minister states that under the said Certificate it is further shown that the
Company are entitled to receive their land "subsidy for the said 20 miles, at the rate
of 12,500 acres a mile, or a total of 250,000 acres, less one-fifth retained by tbe
Government under the Contract.
The Minister recommends that authority be given for the payment to the
Canadian Pacific Railway Company of the aforesaid balanoe, namely, one hundred
and twenty-five thousand dollars ($125,000.)
The Committee advise that the requisite authority be granted.
(Signed)
JOHN J. MoGEB.
To the Honorable
The Minister of the Interior.
1
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Re/. 63,270 on 34,187, No. 4.
XT*    [
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Certified  Copy of a Beport of a Committee oi
the Honorable the   Privy Council, approved
by His Excellency the Governor General in
Council, on the 9th July, 1883.
On a Memorandum dated 5th July, 1883, from the Acting Minister of Railways
and Canals, representing that a Certificate, No. 731, dated the 5th July, 1883 has
been issued by the Chief Engineer of the Canadian Pacific Railway, showing that
upon the Eastern Division of the Central Section of the Railway there has been
completed and equipped, so far as to admit of the running of regular trains thereon
a further extent of 20 miles of road, making a total on this section of 721 miles so
completed.
The Minister submits the following particulars of the present Certificate:	
Total value of work done and Materials delivered up to the 5th July,
1883,-721 miles at $10,000 per mile     $7,210,000.00
Add advance on rails, 49,600 tons at $50 = $2,480,000
X «75=    $1,860,000.00
Less on rails in track, upon which an advance has been
already made, 33,730 tons at $»0 = $1,686,500 X
.75 =    $1,264,875.00
 595.125.00
$7,805,125.00
Of this amount there has been already paid, or authorized to be paid,
the sum of    $7,680,125,00
Leaving the balance now payable  ........       $125,000.00
The Minister states that under the said Certificate it is further shown that the
Company are entitled to receive their land subsidy for the said 20 miles, at the rate
of 12,500 acres a mile, or a total of 250,000 acres, less one-fifth retained by the
Government under the Contract.
The Minister recommends that authority be given for the payment to the
Canadian Pacific Railway Company of the aforesaid balance, namely one hundred and
twenty-five thousand dollars ($125,000.)
The Committee advise that the requisite authority be granted.
«    (Signed)
JOHN J. McGSS.
The Hon.
The Minister of the Interior.
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I
Ref. 56,308.
Certified copy of a Report of a Committee of the
Honorable the Privy Council, approved by
His Excellency the . Administrator of the
Government in Council, on the 29th January
1883.
On a Memorandum dated 23rd January, 1883, from the Minister of Railways
and Canals, representing that a certificate, No. 20, dated 23rd January instant, has
been received from the Chief Engineer of the Canadian Pacific Railway, showing
that upon tho Eastern Division of tho central section of the railway there has been
completed and equipped, so far as to admit of the running of regular trains thereon,
a further extent of 20 miles of road, making a total on this division of 581 miles.
Tho Minister submits the following particulars of the present certificate :	
Total value of work done and materials delivered
up to the 23rd January, 1883—581 miles at $10,000 $5,810,000-00
Add advance on rails, total 39,650 tons at $50,
$1,982,500, of which 75 per ceut.=     $1,486,875.00
Less covered by this estimate, 20,300 tons at $50,
$1,015,000, of which 75 per cent.=  761,250.00
 725,625.00
Total        $6,535,625.00
Of this amount the books of the Accountant of the
Department show that there has been paid to
date the sum of.     §6,256,875.00
To be added to which is the sum of $78,750, being
an advance approved   by Order in Council
dated 19th instant  78,750.00
 6,335,625.00
Leaving the balance now payable.        200,000.00
The Minister further submits that the Company have paid in full the sum of
$1,042,519*29 for plant, &c, taken over by them, details as to the re-payment of
which have figured in all preceding estimates of the Chief Engineer.
• The Minister states that the present certificate further shows that the Company
are entitled to receive their land subsidy for the said 20 miles, at the rate of 12,500
acres a mile, or a total of 250,000 acres, less one-fifth retained under the contract.
The Minister recommends that authority be given for the payment to the
Company of the afoi esaid balance covered by the present certificate—namely $200,000.
The Committee advise that payment be made accordingly.
H
(Signed)
JOHN J. MoGEE.
The Honorable
The Minister of the Interior.
11  L/
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Ref. 57,908
.c
Certified Copy of a Report of a Committee of
the Honorable the Privy Council, approved
by His Excellency the Governor General in
Council, on the 6th March,  1883.
o-
y
On a Memorandum dated 20th February, 1883, from the Minister of the Interior,
representing that certain lands, although situated outside of the twenty-four mile belt
of the main line of the Canadian Pacific Railway, were sold by the Company, and
that these lands consist of two classes, those sold through error of the Company's
Officials, and those which were understood to fall within the twenty-four mile limit,
owing to an erroneous delineation of the boundaries of the belt, shown upon the
earlier published maps of the Department. A copy of one of these maps, illustrating
the manner in which the last mentioned error arose, and showing the sections in-
eluded in both the classes specified, is herewith attaohed.
The Minister submits an application from the Company to have these lands
conveyed to them as part of their subsidy, and he, the Minister, regarding the application as a reasonable one, recommends that tho lands in question, as enumerated in
the annexed Schedule, be conveyed to the Canadian Pacific Railway Company as
part of their subsidy.
The Committee concur in the foregoing recommendation and submit the same
for your Excellency's approval.
(Signed)
JOHN J. MoGEE.
To the Honorable
The Minister of the Interior.  SI
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Mef. 61,582 on 84,187 No. 4.
/
Certified copy of a Report of a Committee of
the Honorable the Privy Council, approved
by His Excellency the Governor General in
Council, on the 28th May, 1883.
#
o
On a Memorandum dated 22nd May, 1883, from the {Minister of Railways and
Canals, representing that a Certificate dated 21st May, instant, has been received
from the Chiof Engineer of the Canadian Pacific Eailway, shewing that upon tho
Eastern Division of the Central Section of the Railway there has been completed and
equipped, so far as to admit of the running of regular trains, a further extent of 20
miles of road, making a total on this division of 621 miles.
The Minister submits the following particulars of the present Certificate :—
Total value of work done and materials delivered up to
19th May, 1883 ,. $6,210,000 00
Add advance on rails 49,600 tons at $50=$2,480,000 X '75=$ 1,860,000 00
Less for rails in track upon whioh an advance has been
made, 23,730 tons at $50=$ 1,186,500 X "75      889,875 00    970,125 00
$7,180,125 00
Of this amount the books of the Accountant of the Department show that there has already been paid the sum of 7,047,625 00
Leaving the balance now payable  $132,500 00
The Minister states that the present Certificate further shows that the Company
are entitled to receive their land subsidy for the said 20 miles at the rate of 12,500
acres a mile, or a total of 250,000 acres, less one-fifth retained under the con trapt.
The Minister recommends that authority be given for the payment to the Company of the aforesaid balance covered by the present Certificate, namely, one
hundred and thirty-two thousand five hundred dollars ($ 132,500.)
The Committee advise that payment be made accordingly.
(Signed)
JOHN J. MoGER
The Honorable
The Minister of the Interior. fet
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Re/. 61,583 on 34,187 No. 4.
Certified Copy of a Report of a Committee ^i
the Honorable the   Privy Council, approved
by His Excellency the Governor General in
Council, on the 30th May, 1883.
On a Memorandum of even date herewith, from the Minister of Railways and
Canals, representing that a Certificate, dated 29th May, inst., has been received from
the Government Chief Engineer of the Canadian Pacific Railway, showing that
upon tho Eastern Division of the Central Section of the Railway there has been completed and equipped, so far as to admit of the running of regular trains thereon, a
further extent of 20 miles of road, making a total on this division of 641 miles so
completed.
The Minister submits the following particulars of the present Certificate:—
Total value of work done and materials delivered up to the
24th of May, 1883—641 miles at $10,000 per mile $6,410,000 00
Add advance on rails 49,600 tons at $50=$2,480,000 X .75=$ 1,860,000 00
Less for rails in track upon which an advance has been
made25,730tonsat$50=$l,286,500X.75=      964,875 00    895,125 00
$7,305,125 00
Of this amount the books of the Accountant of the Department show that there has been already paid the
sum of. 1 i  7,180,125 00
Leaving the balance now payable .. $125,000 00
The Minister states that the present certificate further shows that the Company
are entitled to receive their land subsidy for the said 20 miles at the rate of 12,500
acres a mile, or a total of 250,000 acres, less one-fifth, retained under the contract.
The Minister recommends that authority be given for the payment to the
Company of the aforesaid balance of $125,000.
The Committee advise that the requisite authority be granted.
(Signed,)
JOHN J. MoGEE.
The Hob.
The Minister of the Interior. m
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Re/, 62,702 on 34,187 No. 4.
Certified Copy of a Keporfc of a Committee ol
the Honorable the Privy Council, approved
by His Excellency the Governor General in
Council, on the 23rd June, 1883.
^
^
*»
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On a Memorandum dated 19th June, 1883, from the Acting Minister of Railways
and Canals, representing that a Certificate No. 728, dated the 18th of June, instant,
has been issued by the Chief Engineer of the Canadian Pacific Railway, showing that
upon the Eastern Division of the Central Section of the Railway there has been completed and equipped, so far as to admit of the running of regular trains thereon a
further extent of 20 miles of road, making a total on this section of 661 miles so
completed.
The Minister submits the following particulars of the present Certificate :—
Total value of work done and materials delivered up to the
18th of June, 1883—661 miles at $10,000 per mile $6,610,000 QO
Add advance on rails 49,600 tons at $50=$2,480,000x .75=$ 1,860,000 00
Less on rails in track upon which an advance has been
already made 27,730 tons at $50=$ 1,386,500X.75= 1,039,875 00    820,125 00
$7,430,125 00
Of this amount the books of the Accountant of the Department show that there has been already paid the
sum of.  7,305,125 00
Leaving the balance now payable jtf $125,000 00
The Minister states that under the said certificate it is further shown that the
Company are entitled to receive their land subsidy for the said 20 miles, at the rate of
12,500 acres a mile, or a total of 250,000 acres, legs one-fifth retained by the Government under the Contract.,^.*,
The Minister recommends that authority be given for the payment to the
Canadian Pacific Railway Company of the aforesaid balance, namely, one hundred
and twenty-five thousand dollars ($125,000.)
The Committee advise that the requisite authority be granted.
(Signed)
JOHN J. MoGEE.
The Hon.
The Minister of the Interior.
J x
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Ref. 63,925 on 34,187, No. 4.
Certified copy of a Report of a Committee of
the Honorable the Privy Council, approved
by His Excellency the Governor General in
Council, on the 31st July, 1883.
^
■i<F
On a Memorandum dated 27th July, 1883, from the Acting Minister of Railways
and Canals, representing that a Certificate, No. 740, dated 25th July, 1883, has been
issued by the Chief Engineer of the Canadian Pacific Railway, shewing that upon the
Eastern Division of the Central Section of the Railway there has been completed
and equipped, so far as to admit of the running of regular trains thereon, a further
extent of 20 miles of road, making a total on this section of 781 miles so completed.
The Minister submits the following particulars of the present Certificate:—
Total value of work done and materials delivered up to the 24th July,
1883,-781 miles at $10,000 a mile     $7,810,000.00
Add advance on rails, 49,600 tons at $50 = $2,480,000
X *75 =     $1,860,000.00
Less for rails in track, upon which an advance has been
made, 39,730 tons at $50 = $1,986,500 X '75 =...     1,489,875.00
 $370,125.00
$8,180,125.00
Of this amount there has already been paid, or authorized to be paid  8,055,125.00
Leaving the balance now payable  $125,000.00
The Minister states that under the said Certificate it is further shewn that the
Company are entitled to receive their land subsidy for the said 20 miles, at the rate
of 12,500 acres a mile, or a total of 250,000 acres, less one-fifth retained by the
Government under the Contract.
The Minister recommends that authority be given for the payment to the
Canadian Pacific Railway Company of the aforesaid balance, namely, one hundred
and twenty-five thousand dollars ($125,000.)
The Committee advise that the requisite authority be granted.
(Signed)
John j. Mogee.
To the Honorable
The Minister of the interior \ r\
X
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R*f. «4»343 on 34,187, No. 4.
V
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Certified Copy of a Report of a Committee of the
Honorable the Privy Council, approved by
His Excellency the Governor General in
Council, on the 11th August, 1183.
o-
oh
<*•
On a Memorandum dated 7th August, 1883, from the Acting Minister of Bailways
and Canals, representing that a Certificate, No. 741, dated the 3rd August, 1883, has
been issued by the Chief Engineer of the Canadian Pacific Railway, showing that upon
the Eastern Divison of the Central Section of the Railway there has been completed and
equipped, so far as to admit of the running of regular trains thereon, a further extent
of 20 miles of road, making a total on this section of 801 miles so completed.
The Minister submits the following particulars of the present Certificate:—
Total value of work done and materials delivered up to the 28th July,
1883,—-801 miles at $10,000 a mile    $8,010,000.00
Add advances on rails 49,600 tons at $50, $2,480,000
X.75=    $1,860,000.00
Less on rails in track upon which an advance has
been already made 41,730 tons at $50=$2,086,500
X.75 =     $1,564,875.00
 295,125.00
$8,365,125.00
Of this amount there   has   already been paid, or authorized to be
paid \    $8,180,125.00
Leaving the balance now payable <       $125,000.00
The Minister states that, under the said Certificate, it is further shown that the
Company are entitled to receive their land subsidy for the said 20 miles, at the rate
of 12,500 acres a mile, or a total of 250,000 acres, less one-fifth retained by the
Government under the contract.
The Minister recommends that authority be given for the payment to the
Canadian Pacific Railway Company of the aforesaid balance, namely, one hundred
and twenty-five thousand dollars ($125,000).
The Committee advise that the requisite authority be granted.
(Signed)
If
JOHN J. MoGEfi.
To the Honorable
The Minister of the Inteiic*. N
& \
V3
i
Ref. 64,775 on 84,187, No. 4.
Certified Copy of a Report of a Committee of the
Honorable the Privy Council, approved by
His Excellency the Governor General in
Council, on the 23rd August, 1883.
o-N
V
On a Memorandum dated 20th August, 1883, from the Acting Minister of Railways
and Canals, representing that a certificate, No. 750, dated 20th instant, has
been received fj?om the Chief Engineer of the Canadian Pacific Railway, showing that
upon the Eastern Section of the Railway, there has been completed and equippoJ,
fco far as to admit of the running of regular ti ains thereon, a further extent of 20
miles of road, making a total of 80 miles on this section so completed.
The Minister submits the following particulars of the present Certificate:—
Total value of work done and materials delivered up to the 20th of
August, 1883, west of Callendar—80 miles at $.15,384$T	
Add advances on rails:
Mattawa—4,170 tons at $30 = $125,100x*Td=... $93,8J5.00
Hochelaga—4312 tons at $28 = $120,736x-75=... 90,553.00
P. A. Landing—2,394 tons at $33 = $79,002X"75=       59,250.00
$1,230,768 60
$243,627.00
Less covered   by this estimate:
4,170 tons at $30 = $125,100 X '75=    $93,825.00
1830 tons at $28 =a $51,240 X 75 =s        38,430.00
$132,255.00
$111,372.00
Of this amount there has already been paid the sum of.
$1,342,140.80
1,076,703.60
Leaving the balance now payable       $265,417.20
The Minister states that under the present Certificate it is further shown that the
Company are entitled to receive their land subsidy for the said 20 miles, at tie r ite
of 9,615.35 acres per mile, or a total of 192,307 acres, less one-fifth retained by the
Government.
The Minister recommends that authority be given for the payment to the
Canadian Pacific Railway Company of the said balance of $265,437.20 due under
the said certificate.
The Committee advise that the requisite authority be granted.
(Signed)
JOHN J. MoGEE.
To the Honorable
The Minister of the Interior. ll—Jl'llll  5
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Re/. 64,773 on 34,187, No. 4.
Certified Copy of a Report of a Committee ot
the Honorable the Privy Council, approved
by His Excellency the Governor General in
Council, on the 23rd August, 1883.
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4
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On a Memorandum dated 20th August, 1883, from the Acting Minister of Railways
and Canals, representing that a Certificate, No. 749, dated the 20th insfc, has
been received from the Chief Engineer of the Canadian Pacific Railway, showing that
upon the Eastern Division of the Central Section of the Railway there has been
completed and equipped, so far as to admit of the running of regular trains thereon,
a further extent of 20 miles of road, making a total on this division of 841 miles so
completed.
The Minister submits the following particulars of the present Certificate:—
Total value of work done and materials delivered up to the 13th August,
1883,-841 miles at $10,000 per mile     $8,410,000.00
Add advance on rails, 49,600 tons at $50 = $2,480,000
X -75=     $1,860,000.00
Less on rails in track, upon which an advance has been
already made, 45,730 tons at $50= $2,286,500 X
.75 =    $1,714,875.00
 145,125.00
$8,555,125.00
Of this amount there has already been paid the sum of..     $8,430,125.00
Leaving the balance now payable        $125,000.00
The Minister states that under the said Certificate it is further shown that the
Company are entitled to receive their land subsidy for the said 20 miles, at the rate
of 12,500 acres a mile, or a total of 250,000 acres, less one-fifth retained by the
Government*
The Minister recommends that authority be given for the payment to the
Canadian Pacific Railway Company of the aforesaid balance, namely one hundred and
twenty-five thousand dollars ($125,000.)
The Committee advise that the requisite authority be granted.
1
1
(Signed)
JOHN J. MoG JOB.
The Hon.
The Minister of the Interior. 1-) -V
X
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#
*
o-
Ref. 64,961 on 34,187, No. 4.
Certified copy of a Report of a Committee of
the Honorable the Privy Council, approved
by His Excellency the Governor General in
Council, on the 29th August, 1883.
On a Memorandum dated 25th A ugust, 1883, from the Acting Minister of Railways
and Canals, representing that a Certificate, No. 751, dated 25th August, 1883, has been
received from the Chief Engineer of the Canadian Pacific Railway, shewing that upon
the Eastern Section of the Railway there has been completed and equipped, so far
as to admit of the running of regular trains thereon, a further extent of 20 miles of
road east from Port Arthur, making a total of 100 miles on this section so completed.
The Minister submits the following particulars of the present Certificate:	
Total value of work done and materials delivered up to the 20th
August, 1883, west of Callendar, 80 miles—east of Port Arthur,
20 miles=100 miles at $15,384.61 =	
$1,538,461.00
Add advance on rails:
Mattawa—4,170 tons at $30= $125,100 x -75 =
Hochelaga—4312 tons at $28 = $120,736 X *75 =
P. A. Landing-2,394 tons at $33 = $79,002 X *75=
Less covered by this estimate:
4,170 tons at $30 = $125,100 x '75= $93,825.00
1,830 tons at $28 J   51,240 x '75 = 38,430.00
2,000 tons at $33 = 66,000 x *75 = 49,500.00
$93,825.00
90,552.00
59,250,00
$243,627.00
$181,755.00
I
^1
I
$61,872.00
Of this amount there has already been paid|the sum of.
$1,600,333.00
1,342,140.80
Leaving the balance now payable       $258,192.20
The Minister statesthat under the present Certificate it is further shewn that the
Company are entitled to receive their land subsidy for the said 20 miles, at the rate
of 9,615.35 acres per mile, or a|total of 192,307 acres, less one-fifth retained by the
Government.
The Minister recommends that authority be given for the payment to the
Canadian Pacific Railway Company of the said balance of $258,192.20 due
under the said Certificate.
The Committee advise that the requisite authority be granted.
(Signed)
JOHN J* MoGEE.
To the Honorable
The Minister of the Interior.
 *■*«* r-
si
■. s.
.0
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7
>
Re/. 65,643 on 34,187, No. 4.
Certified Copy of a Report of a Committee ot
the Honorable the Privy Council, approved
by His Excellency the Governor General in
Council, on the 21st September, 1883.
On a Memorandum dated 18th September, 1883, from the Acting Minister of
Railways and Canals, representing that a Certificate, No. 759, dated the 18th
of September, 1883, has been issued by the Chief Engineer of the Canadian Pacific
Railway, showing that upon the Eastern Division of the Central Section of the Railway
there has been completed and equipped, so far as to admit of the passage of regular
trains thereon, a further extent of 20 miles of road, making a total on this division
of 861 miles so completed.
The Minister submits the following particulars of the present Certificate :—
Total value of work done and materials delivered to the 11th September,
1883,-861 miles at $10,000 per mile     $8,610,000.00
Add advance on rails, 49,600 tons at $50 = $2,480,000
X «75=       $1,860,00(^00
Less rails in track, on which an advance has already
been made, 47,730 tons at $50 = $2,386,500 X
.75 =     $1,789,875.00
 76,125.00
That of this amount there has already been paid the sum of.
$8,680,125.00
$8,555,125.00
Leaving a balance now payable to the Canadian Pacific Railway Co of      $125,000.00
The Minister states that under the said Certificate it is further shown that the
Company are entitled to receive their land subsidy for the said 20 miles, at the rate
of 12,500 acres a mile, or a total of 250,000 acres, less one-fifth retained by the
Government under the contract. y'
The Minister recommends that authority be given for tho payment to the
Canadian Pacific Railway Company of the aforesai I balance, namely one hundred and
twenty-five thousand dollars ($125,000.)
The Committee advise that the requisite auihority be granted.
(Signed)
JOHN J. MoGEB.
The Hon.
The Minister of the Interior.
Ifl
I
ml v
—— 4°
V
Ref. 67684.
Certified Copy of a Report of a Committee of
the Honorable the Privy Council, approved
by His Excellency the Governor General in
Council, on the 27th September, 1883.
The Committee of the Privy Counoil have had under consideration a Report,
<v    herewith, dated 25th September, 1883, from the Hon. Sir Alexander Campbell, who
was authorized by Orders of Your Excellency in Counoil, under dates of 14th and
23rd June last, to visit British Columbia to make arrangements relative to the
various points remaining unsettled between the Government of the Dominion and
that of the Province of British Columbia.
A
I
The Committee concur in the said Report and the several matters proposed to
be carried into effect, and they submit the same for Your Excellency's approval.
(Signed,)
JOHN J. MoGEE,
Clerk, Privy Council.
To the Honorable
The Minister of the Interior.
&o.,        &c,       <&c. With P. C. 2016—1883; Ref. 67,684.
Ottawa, 25th September, 1883,
To His Excellency the Marquis of Lome, P. G, K. T., G. C. M. G., Governor General
of Canada.
1
May it please Yotjb Excellency :
I have the honour to submit for your information a report on my visit to the
Province of British Columbia, for the purposes mentioned in the Order of Your
Excellency in Council, of the 23rd June last.
After some delay at San Francisco, I reached Victoria on the 27th of July, and
immediately waited upon His Honour the Lieutenant-Governor of the Province on the
subject of my visit. 1 was most cordially received and placed by him in communication with his Ministers.
The Lieutenant Governor throughout my stay lent me valuable aid in my efforts
towards establishing those relations with the members of his Government which were
so essential to the success of the Mission with which Your Excellency had entrusted
me.
1. The negotiations between the Government of the Dominion and that of
British Columbia in regard to the construction of the Vancouver Island Railway, and
the taking over of tho Graving Dock, commenced by the Province on Esquimalt
Harbour were prolonged late into last Session of Parliament; unfortunately they had
been conducted very much by telegraphic communications, and their successful issue
was hindered by difficulties which might not have arisen, or might have been readily
removed, had the more ample opportunity afforded by personal intercourse been
possible. At repeated meetings of the Executive Council, and at many interviews
with individual members of the Government, particularly with Mr. Smithe himself—
that gentleman and his colleagues discussed with me, in a spirit of the greatest frankness, the misunderstandings which had occasioned the postponement of the negotiations of last winter, and, animated by a sincere desire to overcome them, we found
from day to day reasonable solutions of the various points in dispute.
2. The Railway Belt on the mainland.
The change in the route of the Canada Pacific Railway to the more Southerly
Pass which it is now intended to occupy rendered it expedient to effect a change of
the location of the Railway Belt. The Government of British Columbia had. not
admitted that there was any obligation on their part to assent to euch a change, and
had contended that they had performed their whole obligation in granting the Belt
along the line as originally proposed. We were happily able however, in view of
what we were mutually ready to concede in respect of other parts of the general
arrangement, to arrive at an understanding by which the Railway Belt was transferred to the new line and made absolute in its terms; the Government of the Dominion undertaking through me to place the land thus acquired in the market for sale
to actual settlers at an early day.
In this connection I have the honour to state that instructions were given to Mr.
Trutch, the Agent of the Dominion in British Columbia, to take at once the initiatory
steps necessary to carry out this understanding. *
3. The Act of the Legislature of the Province assigning districts to the Judges
of the Supreme Court of the Province had been pronounced by the Court there as
ultra vires, a result which led to the submission by Command of Your Excellency to
the Supreme Court of Canada of certain questions propouided in order to obtain the
advantage of the legal advice vt the Court upon the points thus adverse]v denirW
by the Provincial Court. The answers oi the Supreme Court o
questions had been transmitted to the Lieutenant-Governor of the P
these
rovince for the
the matter with them, and also with Mr. Smithe and the Members of the Gover
ment. overn-
Another difficulty had been created in regard to the powers which one of th
Statutes of the Province proposed to confer upon Gold Commissioners which nn
seemed to Your Excellency's advisers to be of a judicial character and   theVf ^
only to be granted by  the Parliament of the Dominion.   The subject was fii $!*'
complicated by disputes which had arisen at Metla-Kialla, showing the neee    t*
having a Stipendiary Magistrate there, and probably also at several other t!S1/
the Province. points m
111
III All these embarrassments were happily adjusted by the course finally agreed on
between the Government of the Province and myself, under whioh Mr Justice
McCreight is to be assigned to the District of New Westminster, Mr. Justice Walkem
to the Distriot of Kamloops, and an Officer, who is to be at the same time County
Court Judge and Stipendiary Magistrate, for Cariboo and Lilloet, to be appointed by
the two Governments—-that of the Dominion paying the salary of Judge and that of
the Province the salary of Stipendiary Magistrate. This arrangement will leave a
Supreme Court composed of three members, the Chief Justice, Mr. Justice Crease
and Mr. Justice Gray, at Victoria, the seat of the Court, for transaction of business
at the Capital and on the Island of Vancouver.
I have the honour to submit, herewith, a memorandum dated 20th of August
embodying the agreement between  the two  Governments on the various points
referred to.
I have to report further, for the information of Your Excellency, that I executed
at Victoria, on behalf of the Minister of Railways, a provisional contraot for the
construction of the Island Railway, and that Messrs. Robert and James Dunsmuir
and John Bryden executed it on their own behalf, and deposited with me the
$250,000 required as security for its performance. I afterwards proceeded to San
Francisco and procured the execution of the contract there by the remaining contractors. The contract thus executed, I transmitted from San Francisoo to the agent
of the Dominion Government in British Columbia, Mr. Trutch, to be held by him,
in accordance with the terms of the memorandum, until such time as the necessary
legislative authority should be given by the Parliament of Canada and the Legislature of British Columbia.
I enclose herewith a copy of the contract.
I have the honour further to state that, prior to leaving the Province, I instructed Mr. Trutch to take over from the local authorities, on behalf of the
Dominion, the Graving Dock, and to take such steps as were necessary for the safety
of the work and materials on hand, and the plant.
The Minister of Public Works has, I understand, since reoeivod an intimation
from Mr. Ti utch that he has assumed possession of the work accordingly.
The petition for the disallowance of the Act to incorporate the " Columbia and
Kootenay Railway and Transportation Company," referred to me by an Order of
Your Excellency in Council on the 14th of June, I have reported upon in a separate
paper.
During my stay in British Columbia I had occasion to examine into a number of
matters for the different Departments of the Government, and to report on them to
several of my colleagues, as per margin.
The whole humbly submitted. .
(Signed) A CAMPBELL.
Ottawa, 25th September, 1883.
(MARGIN.)
Sir John Macdonald.—On. all the topics herein referred to, and on Indian Affairs.
The Minister of Finance.—On the extent of circulation of Dominion notes in the
Province.
The Minister of Public Works.—The Graving Dock. The Public Buildings at
New Westminster. The site of Provincial Penitentiary and the necessity of new
wing. Temporary telegraphic connection for Mr. Onderdonk, Contractor for Canadian Pacific Railway.
Minister of Railways.—The Island Railway.
Minister of Agriculture and Immigration.—-The site of a Quarantine Station.
Provincial Immigration matters.
Minister of Mditia.—The site of Barracks for New Battery.   Tbe Rifle Butts.
Minister of Jeanne.—Necessity for Salmon Hatcheries on Fraser River, particularly for propagation of " Spring " Salmon. Snag Boat for Fraser River. Protection
of Fisheries.
Postmaster General.—Organization of Post Office Service. Expediency of discontinuing Service to San Francisco. Also as to Service between Victoria and Port
Townsena and to Port Simpson.
In
aw* MEMORANDUM of arrangement made at Victoria on the 20th day of August, 1 ,
relative to the various points remaining unsettled between the Government of the
Dominion and that of the Province of British Columbia.
Island Railway.
1. The Government of British Columbia will invite the adoption by f*? L(f&s~
lature of the Province of certain amendments to the Act of 188H, entitiea . *.u
I Act relating to the Island Railway, the Graving Dock and the Railway Dands oi
the Province," which amendments are indicated by red lines m the copy ot tne proposed new Bill hereto annexed, signed by Sir Alexander Campbell and Mr. bmune.
2. The Government of British Columbia will procure the assent of the contractor for the construction of the Island Railway to the provisions of clause * ot tne
agreement recited in the amending Bill,
3. Upon the amending Bill becoming law in British Columbia, and the assent
of the contractor for the construction of the railway to the provisions of clause F of
the agreement recited in the Act being procured, the Government of the Dominion
will seek the sanction of Parliament to measures, to enable them to give effect to
the stipulations on their part contained in the agreement recited in the amending
Bill.
4. The contract shall be provisionally signed by Sir Alexander Campbell, on
behalf of the Minister of Railways and Canals, but is to be deposited with Mr.
Trutch, awaiting execution by delivery until th e necessary Legislative authority
shall have been given, as well by the Parliament of the Dominion as by the Legislature of British Columbia.
The Graving Dock.
The Government of the Dominion shall take over the Graving Dock forthwith,
and, upon Parliamentary sanction being given, complete it with all convenient speed,
and thereafter operate it as a Dominion work, acquiring the right to the Imperial
subsidy, and paying the Province of British Columbia, on the sanction aforesaid
beicg given, the sums mentioned in clause G of the agreement recited in the amending Bill, and they will in the meantime pay out of the subsidy voted by Parliament
to aid in the construction of the Dock such sum as the Government of British
Columbia may be entitled to receive under the existing arrangement in regard to the
moneys advanced thereon by them since the 27th of June, 1882, any sums so paid to
be taken as part of the moneys going to British Columbia on Graving Dock account
under the present arrangement, should it receive Legislative sanction on both sides
as before mentioned, failing which tne status quo will be resumed.
Railway Belt on Mainland.
The Dominion Government will use every exertion to place their land in the
Railway Belt on the Mainland in the market at the earliest possible date and for
this purpose they will give all necessary instructions to their officers.
The Government of British Columbia will on their part render all the aid in their
power and place all the information which they have in their Lands Department at
the disposat of the Dominion Officers, the expense to be borne by the Dominion Government, In the meantime the land shall be open for " entry " to bond fide settlers
in such lots and at such prices as the Dominion Government may fix.
The Judiciary.
The Order in Council fixing the residences of the Judges to be revoked. Mr
MoCreight to be assigned to New Westminster and Mr. WaLkem toKamloops. Legislative authority to be sought for for this change if necessary. '
A County Court Judge shall be appointed by the Dominion Government for the
District of Cariboo and Lilioet at a salary of twenty-four hundred dollars and he shall
receive from the Local Government the appointment of Stipendiary  Magistrate at a
salary of five hundred dollars.   Legislative authority for this arrangement if neces
sary and for the payment of the Judge to be sought for.
The above includes all matters as to which there is any dispute or difference
between the Government of the Dominion and the Government of British ColumW*
and, when carried into effect, will constitute a full settlement of all existing claims
on either side or by either Government. wlulo «"-ims
(Signed)
A. CAMPBELL.
WM. SMITHE. ARTICLES OF AGREEMENT made and entered into this twentieth day of August
in the year of our Lord one thousand eight hundred and eighty-three
Between Robert Dunsmuir, James Dunsmuir and John Bryden, all of Nanaimo
in the Province ot British Columbia; Charles Crooker, Charles F. Crocker and
Leland Stanford, all of the City of San Francisco, California, United States of
America; and Collis P. Huntington, of the City of New York, United States of
America, of the first part; and Her Majesty Queen Victoria, represented herein,
by the Minister of Railways and Canals, of the second part.
Whereas it has been agreed by and between the Governments of Canada and
British Columbia that the Government of British Columbia should procure the incorporation, by an Act of their Legislature, of certain persons to be designated by the
Government of Canada, for the construction of a Railway from Esquimau to Nanaimo
and that the Government of Canada should take security from such Company for the
construction of such Railway;
And whereas the parties hereto of the first part are associated together for the
purpose of constructing, or contracting for the construction of a Railway and Telegraph Line from Esquimalt to Nanaimo, and are hereafter referred to as the said
Contractors, NOW THESE PRESENTS WITNESS that in consideration of the
covenants and agreements on the part of Her Majesty hereinafter contained, the said.
Contractors covenant and agree with Her Majesty as follows:—
1. In this contract the word | work " or 1 works " shall, unless the contract
requires a different meaning, mean the whole of the works, material, matter and
things to be done, furnished and performed by the said Contractors under this
contract.
2. All covenants and agreements herein contained shall be binding on and extend to the executors, administrators and assigns of the said Contractors, and shall
extend and be binding upon the successors of Her Majesty, and wherever in this
contract Her Majesty is reierred to such reference shall include Her successors, and
wherever the said Contractors are referred to such reference shall include their
executors, administrators and assigns.
3. That the said Contractors shall and will well, truly and faithfully lay out,
make, build, construct, complete, ejuip, maintain and work continuously a line of
Railway of a uniform gauge of 4 feet 8£ inches, from Esquimalt to Nanaimo in
Vancouver Island, British Columbia, the points and approximate route and course
being shown on the Map hereunto annexed, marked B; and also construct, maintain
and work continuously a Telegraph line throughout and along the said line of Railway and supply all such telegrapnic apparatus as may be required for the proper
equipment of such telegraph line and perform all engineering services whether in
the field or in preparing plans or doing other office worx to the entire satisfation of
the Governor m Council.
4. That the said Contractors shall and will locate and construct the said line of
Railway in as straight a course as practicable between Esquimalt and Nanaimo with
only such deviations as may seem absolutely indispensable to avoid serious engineering obstacles and as shall be allowed by the Governor in Council.
5. That the gradients and alignments shall be the best that the physical features
of the country will admit of without involving unusually or unnecessarily heavy
works of construction with respect to which the Governor in Council shall decide.
6. That the said Contractors shall and will furnish profiles, plans and bills of
quantities of the whole line of Railway in ten-mile sections and that before the work is
commenced on any ten-mile section such profiles, plans and bills of quantities shall
be approved by the Governor in Council, and betore any payments are made the said
Contractors will furnish such further returns as may be required to satisfy the
Minister of Railways and Canals as to the relative value of the works executed with
that remaining to be done.
7. That the Minister of Railways and Canals may keep and retain five per cent.
of the subsidy or of such part thereof as the said Contractors may be entitled to for
three months after the completion of the said Railway and Telegraph line and the
works appertaining thereto and for a further period until the said Minister of Railways and Canals is satisfied that all failures or defects in said line of Railway and
Telegraph line respectively and the works appertaining thereto that may have been
discovered during the said period of three months or such further period have been
permanently made good and that no lands shall be conveyed to the said Contractors
until the road is fully completed and equipped.
8. That the said Contractors shall commence the works embraced in this contract forthwith and shall complete and equip the same by the 10th day of June,
1887, time being declared material and of the essence of the contract and in default
of such completion and equipment as aforesaid on or before the last mentioned date the said Contactors shall forfeit all right, claim or demand to the sam of money and
percentage hereinbefore agreed to >° —o ^tneVTwLfevS'wSma*
Canals and any and every part thereof and also to *"*"*"   J nwiT10. tn thfi said
be at the time of the failure of the completion as aforesaid due or owing to the said
Contractors as also to the Land Grant and also to the moneys to be deposited as here-
inafter mentioned.
9. That the said Contractors will, upon and after the completion and equipment
of the said line of Railway and works appertaining thereto, truly and in good faith
keep and maintain the same and the rolling stock required therefor in good and
efficient working and running order and shall continuously and in good faith operate
the same and alio the said Telegraph line and will keep the said Telegraph line and
appurtenances in good running order.
10 That the said Contractors will build, construct, complete and equip the said
line of Railway, and works appertaining thereto, in all respects m accordance with
the specification hereunto annexed, marked A, and upon the line of location to be
approved by the Governor in Council.
11. The character of the Railway and its equipments shall be in all respects equal
to the general character of the Canadian Pacific Railway now under construction in
British Columbia, and the equipments thereof.
12. And that the said line of Railway and Telegraph line, and all works appertaining thereto respectively, together witn all franchise, rights, privileges, property,
personal and real estate ot every character appertaining thereto, shall, upon the
completion and equipment of the said line of Railway and works appertaining thereto,
in so far as Her Majesty shall have power to grant the same respectively, but no
further or otherwise, be the property of the said Contractors.
13. And Her Majesty, in consideration of the premises, hereby covenants and
agrees to permit the admission, free of duty, of all uteel rails, fish plates and other
fastenings, spikes, bolts and nuts, wire, timber and all material tor bridges to be used
in the original construction of the Railway, and of a Telegraph line in connection
therewith, and all telegraphic apparatus required for the first equipment of such
telegraph line, and to grant to the said Contractors a subsidy in money of $750,00(J
(seven hundred and fifty thousand dollars,) and in land, all of the land situated in
Vancouver Island (except such parts thereof as may have, at any time heretofore,
been reserved for Naval or Military purposes, it having Dean intended that ail of the
lands so reserved should be excluded from the operation of the Act passed by the
Legislature of the Province of British Columbia, m the year 18d3, entitled: " An Act
relating to the Isiand Railway, the Graving Docic and Railway lands of the Province,"
in like manner as Indian Reserves are excluded therefrom) whicn has been granted
to Her Majesty by the Government of British Columbia, by the aforesaid Act, in consideration of the construction of the said line of Railway, in so far as such land shall
be vested in fler Majesty, and held by her for the purposes of the said Railway, or
for the purpose of constructing, or to aid in the construction of the same. And also
all coal, coal oil, ores, stones, clay, marble, slate, mines, minerals and substances
whatsoever, in, on or under the lands so agreed to be granted to the said Contractors
as aforesaid, and the foreshore rights in respect of ail such lands as aforesaid, which
are hereby agreed to be granted to the said Contractors as aforesaid, and border on
the sea, together with the privilege of mining under the foreshore and sea, opposite
any suoh land, and of winning and keeping lor their own use all coal and minerals
(herein mentioned) under the foreshore or sea opposite any such lands, in so tar as
such coal, coil oil, ores, stones, clay, marble, slate, mines, minerals and subBtances
whatsoever, and foreshore rights are owned by the Dominion Government tor which
subsidies the construction of the Railway and Telegraph line from Esquimalt to
Nanaimo shall be completed, and the same shall oe equipped, maintained and
operated.
14. The said money subsidy will be paid to the said Contractors by instalments
on the completion of each ten miles of Railway and Telegraph line, sucn instalments
to be proportionate to the value of the part oi the in.es completed and equiuued m
comparison with the whole of the works undertaken, the proportion to be oataonshed
by the report of the Minister of Railways and Canals.
115. The land grant shall be made and the land in so far as the same shall be
vested in Her Majesty and held by her for the purposes of the said railway or lor the
f^l°fTA r°n^TmS °r l(iuia m ^e ooMtoaotion of the »ame, shall ne conveyed
o the said Contractors upon the completion of the whole work to the entire satisfaction of the Governor in Council but so nevertheless that the said lands and the coal
oil coal and other minerals and umber thereunder, therein or thereon shall be sub-
ject in every respect to the several clauses, provis ons and stipulations^5*£ to
or affecting the same respectively contained in the aforesaid ISPJ2SSby the Letis^
lslature of the Province of British Columbia, in the vaar ix««*ZZ ♦,   7 tne-^S I
m the same may be amended by the Legndatare ot the said iCdnce to aoeoTSe 6
with a Draft Bill now prepared, which has been identified by Sir Alexander Campbell
and the Honorable Mr. Smithe and signed by them, and placed in the hands of the
Honourable Joseph William Trutoh, and particularly to Sections 23, 24, 25 and 26 of
the said Act.
And it is hereby further agreed by and between Her Majesty represented as
aforesaid and the said Contractors, that the said Contractors shall, within ten days
after the execution hereof by Her Majesty, represented as aforesaid, or by the said
Minister on behalf of Her Majesty, apply to the Government of Canada to be named
by the Governor in Council as the persons to be incorporated under the name of the
Esquimalt and Nanaimo Railway Company; and that immediately after tho said
Contractors shall have been so incorporated, this contract shall be assigned and
transferred by them to the said Company, and such Company shall forthwith, by
deed entered into by and between Her Majesty, represented as aforesaid, and the
said Company, assume all the obligations and liabilities incurred by the said Contractors hereunder, or in any way in relation to the premises.
The said Contractors shall, on the execution hereof, deposit with the Receiver-
General of Canada the sum of $250,000 (two hundred and fifty thousand dollars) in
cash as a security for the construction of the Railway and Telegraph line hereby
contracted for. The Government shall pay to the Contractors interest on the cash
deposited at the rate of 4 per cent, per annum half yearly until default in the performance of the conditions hereof or until the return of the deposit, and shall return
the deposit to the said Contractors on the completion of the said Railway and Telegraph line according to the terms hereof, with any interest accrued thereon, but if
the said Railway and Telegraph line shall not be so completed, such deposit and all
interest thereon which shall not have been paid to the Contractors shall be forfeited
to Her Majesty for the use of the Government of the Dominion of Canada. In
witness whereof the parties hereto have executed these presents the day and year
first above written.
For the Minister of Railways and Canals,
(Signed)       A. CAMPBELL,
Minister of Justice.
ROBERT DUNSMUIR.
JOHN BRYDEN.
JAMES DUNSMUIR.
CHARLES CROCKER.
CHARLES F. CROCKER.
LELAJSD STANFORD,
By Chas. Crocker, his Attorney in fact.
I COLLIS P. HUNTINGTON,
By Chas. Crocker, his Attorney in fact
Signed, sealed and delivered by the within named Robert Dunsmuir, James
Dunsmuir, John Bryden, Charles Crocktr, Charles F. Crocker, Leland Stanford and
Collis P. Huntington, and by Sir Alexander Campbell for the Minister of Railways
and Canals, as an escrow, and placed in the hands of the Honourable Joseph William
Trutch until the sanction of Parliament shall have been obtained to the payment of
the subsidy and to the other stipulations on the part of the Dominion herein contained requiring its sanction, and until the Act passed by the Legislature of the
Province of British Columbia in the year 1883, intituled : "An Act relating to the
" Island Railway, the Graving Dock and Railway Lands of the Province," shall have
been amended by the Legislature of the said Province, in accordance with a Draft Bill
now prepared, and which has been identified by Sir Alexander Campbell and the
Honourable Mr. Smithe and signed by them, and deposited in the hands of the said
Joseph William Trutch in the presence of
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H. G. HOPKIRK. 1
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SPECTJTCATION for a line of Railway from Esquimalt to Nanaimo in Vancouver
Island in British Columbia.
1st. The Railway shall be a single line, with gauge 4 feet 8£ inches, with necessary sidings.
2nd. The alignments, gradients and curvatures shall be the best that the physical
features of the country will admit of, the maximum grade not to exceed 80 feet to
the mile, and the minimum curvature not to be of less radius than 800 feet.
3rd. In all wooded sections the land must be cleared to the width of fifty feet
on each side of the centre of line. All brush and logs must be completely burnt up
and none thrown on to the adjacent lands.
4th. All stumps must be grubbed out within the limits of cuttings under three
feet in depth or embankments less than two feet in depth.
5th. All stumps must be close cut where embankments are less than four feet
and more than two feet in height.
6th. Through settlements the Railway must be enclosed with substantially
built legal fences.
7th. Road crossings, with cattle guards and sign-boards, shall be provided
wherever required.
8th. The width of cuttings at formations shall be twenty feet, embankments
sixteen feet.
9th. Efficient drainage must be provided either by open ditches or under drains.
10th. All bridges, culverts and other structures must be of ample size and
strength for the purpose intended. Piers and abutments of bridges must be either of
substantial massive stone masonry, iron or wood, and in every essential particular
equal to the best description of like works employed in the construction of the
Canadian Pacific Railway m British Columbia. Arch-culverts must be of good solid
masonry, equal in every respect to similar structures designed for the Canadian
Pacific Railway in British Columbia. Box-culverts must be of either masonry, iron
or wood,
11th. The passenger station houses, freight-sheds, work-shops, engine-houses,
other buildings and wharves shall be sufficient in number and size to efficiently
accommodate the business of the Road, and they shall be either stone, brick or timber
of neat design, substantially and strongly built.
12th. The Rails shall be of steel, weighing not less than 50 pounds per lineal
yard of approved section and with the most approved Fish-plate Joints.
13th. The Roadway must be well ballasted with clean gravel or other suitable
material.
14th. Sufficient siding accommodation shall be provided by the Contractors as
may be necessary to meet the requirements of the traffic.
15th. Sufficient Rolling Stock necessary to accommodate the business of the line
shall be provided by the Contractors, with stations and terminal accommodations,
including engine-sheds, turn-tables, shops, water-tanks, machinery, wharves &o.
(Signed) A. CAMPBELL,
Minister of Justice,
For the Minister of Railways and Canals.
(Signed) ROBERT DUNSMUIR. Ref. 6^,133.
Certified Copy of a Report of a Committee of the
Honorable the Privy Council, approved by His
Excellency the Governor General in Council,
on the 13th November, 1883.   "f  .
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On a Memorandum dated 12th November, 1883, from the Minister of the
interior, submitting that the Government of British Columbia having agreed to
transfer the grant of land in aid of the construction of the Canadian Pacific Railway
from the District in which it was originally granted to that in which the Railway is
actually located, it has become desirable in the interests of British Columbia to open
the lands in the Railway Belt for settlement as early as possible.
The Minister represents that in compliance with a request to report the necessary initial measures for dealing with the lands in the Canadian Pacific Railway
Belt on the Mainland in British Columbia, the Hon. J. W. Trutch, who in addition to
his other duties as Agent General of the Dominion in that Province, has agreed to
discharge those of Commissioner of Dominion Lands, reports that, in order to ascertain what lands remain unalienated, and therefore at the disposal of the Dominion
Government, it will be necessary to search the Land Office records, not only to
discover what lands within the belt are held by grant from the Crown, but to find out
what lands are claimed and held by pre-emp>tion right, and to investigate and verify
the inchoate titles to such pre-emption claims, the aggregate amount of which will,
in the opinion of Mr. Trutch, be found to far exceed that of the lands in the Railway
belt under Crown grant; and also to trace out and determine the validity of all existing claims to timber rights, mining rights, &c, which may be claimed to have been
conceded by the Provincial Government.
That the work of examining into and verifying these records will occupy a considerable period, not less than six or seven hundred thousand acres of land within
the Railway belt having been s granted or conceded, and that its direction will
require tho constant careful attention of some trustworthy person expert in the
practical working of the British Columbia Land Law; and he recommends that the
several lots of land which shall be determined to have been lawfully alienated from
the Crown by the Government of British Columbia, should be plotted on maps, so
that it may be shown what lands actually remain at the disposal of the Dominion
Government within the Canadian Pacific Railway belt.
That Mr. Trutch further reports that as a first step towards dealing with these
lands, it will be necessary to engage the services of such an officer as he suggests,
and to place him in immediate charge of the work of conducting this investigation,
and of opening an office for the registration of the lands so shewn to be at the
disposal of the Dominion Government, and of the disposition thereof.
i
To the Honorable
The Minister of the Interior,
&o.,       &c.,       &c.
That ppp
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That a person competent to dtfeet this work cannot be had for much, if any, less
than $3,000 per annum, and that in addition to this officer the services of three elerks,
one of whom must be a land surveyor, will also be required j that the salaries of the
unprofessional clerks would not be less than $80 and $100 per month respectively ;
while" to the Surveyor as much as $150 per month might have to be paid.
That while Mr. Trutch is not at present prepared to report definitely as to the
details of the system upon which the railway lands in British Columbia should be
dealt with, he advises that to all persons who are, or who may become, bona fide
settlers on these lands, a homestead right of 160 acres should be secured at a fixed
price of $1 per acre, that being the rate at which sueh lands are sold under the
British Columbia Land Act; and he also recommends that beyond the assurance of the
sale to bona fide settlers of such homestead land at $1 per acre, all further sales of
Dominion railway lands in British Columbia should be at auction, to the highest
. bidder, the upset price of such lands to be regulated according to their location with
rdspect to the Canadian Pacific Railway and other considerations, the same to be
determined by the Governor in Counoil from time to time, so as to realize the best
possible financial result.
That Mr. Trutch is of opinion, after having compared the Dominion Lands Act
with the British Columbia Land Acts, that, with some amendments of details, the
Dominion Lands Act, so far as it relates to the system for the disposal of Crown
Lands, might be made applicable to Dominion Railway lands in British Columbia;
but that with respect to the surveys, it would be preferable that the system of survey
and the mode of conducting surveys practised under the British Columbia Land Act
should be adopted, and that this system of survey should be extended over the
Dominion Lands within the Railway Belt in British Columbia, so that the survey
systems of the Dominion and Provincial Governments in British Columbia being the
same, may be rendered more easily comprehensible by the public generally, than
two distinct and varying systems would be.
That Mr. Trutch considers that some amendments to the British Columbia
system of survey might, however, be adopted with advantage—borrowed from the
Dominion Lands Office system—and especially as to provisions securing allowances
of land for public roads at convenient intervals of distance.
The Minister states that he approves generally of the suggestions offered by
Mr. Trutoh, and he recommends that he be authorized to organize a Dominion Lands
service for British Columbia on the basis of Mr. Trutch's suggestions, and to prepare
to open as speedily as possible for sale and settlement, the land in the Railway Belt
in British Columbia which may be found to belong to the Dominion.
The Comifiittee concur in the report of the Minister of the Interior and the
recommendations therein contained, and they submit tbe Same" for Your Excellency's
approval.
(feigned,)
JOHN J. MoGEE,
Clerk, Privy Council. u
Rej. f0,290.
Certified Copy of a Report of a Committee of the
Honorable the Privy Council, approved by
His Excellency the Governor General in
Council, on the 23rd January, 1884.
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On a Report dated 15th January, 18*4, from the Minister of the Interior, submitting that the Canadian Pacific Railway Company propose laying out Section 15
. in Township 24, Range 1, West of the Fifth Meridian, situate near Fort Calgary, as a
town site, and have applied for the issue of a Patent therefor in their favour.
The Minister represents that an inspection was made of the reserved townships
in that vicinity during the early part of tbe month of November last, by Mr. William
Pearce, a member of the Land Board, who reported that the only claim to the
Section in question adverse to that of the Company under the provisions of their
Aot of Incorporation, was one preferred by Baptiste Annance, who has since filed
a formal abandonment of his olaim.
The Minister observes that the Patrnt to the Company cannot be issued until
the sub-division survey-of Township 24, Range 1, West of the Fifth Meridian, made on
the ground during the past season, has been examined and confirmed by the Surveyor General, but there appears no reason why the title of the Compauy should not
now be acknowledged, and permission granted them to lay out the section in the
manner and for the purposes they propose, and notification sent them that upon the
confirmation of the survey, Patent will issue to them in due course. This would
enable the Company to give satisfactory assuranoes to intending purchasers, and the
Minister recommends that he be authorized to notify them accordingly.
The Minister further recommends that he be authorized to lay out Section 16,
Township 24, Range 1, West of the Fifth Meridian, as a town site; also to continue
the reservation from settlement of the following lands, and to dispose of the same
in suoh manner as he may deem most expedient in the public interest, that is to
say:—-Sections eight, ten, twelve, fourteen, eighteen, twenty, twenty-two and
twenty-four, in Township 24, Range 1, West of the Fifth Meridian.
The Committee concur in the foregoing recommendation and they advise that
the requested authority be granted. •
(Signed)
JOHN J. MoGEB,
Clerk, Privy Council.
the Honorable
The Minister of the Interior.  '1
—
ire
Ref. 76,906 on 67,133.
Certified Copy of a Report of a Committee of
the Honorable the Privy Council, approved
by His Excellency the Governor General in
Council, on the  14th June, 1884.
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The Committee of the Privy Council have had under consideration a Despatch
dated 31st January, 1884, from the Lieut, Governor of British Columbia, transmitting
an approved Copy of a Report of his Executive Council under date 17th January, 1884,
asking for a definition of the limits of the Railway Land on the Mainland of British
Columbia.
The acting Minister of the Interior, to whom the Despatch and enclosure were
referred, reports under date 11th June Inst, that the Honourable Joseph W. Trutch,
Resident Agent of the Government of Canada in British Columbia, has full instructs
ions to take whatever steps may appeal' necessary to give effect to the wishes of the
Lieut. Governor on this subject as indicated in his letter above referred to.
The Committee recommend that the Lieut. Governor of British Columbia be
advised in the above sense, and they submit the same for Tour Excellency's approval.
(Signed)
JOHN J. MoGEE,
Clerk, Privy Council.
To the Honorable
The Minister of the Interior
1  \\
Ref. 92,379.
Certified Copy of a Report of a Committee of
the Honorable the Privy Council, approved
by His Excellency the Governor General in
Council, on the 8th July, 1885.
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The Committee of the Privy Council have had under consideration a despatoh
dated 27th January, 1885, from the Right Honourable the Secretary of State for the
Colonies, with respect to certain Admiralty Reserves on English Bay in British
Columbia.
The Minister of the Interior, to whom the despatch and enclosure were referred,
reports that the exchange suggested in Lord Derby's letter of the 2nd August, 1884,
has never been completed. There is, therefore, no action necessary on the part of
the Government of Canada upon his Lordship's despatch of the 27th January, last, as
possession of the Reserve at English Bay has never been given up by the Imperial
authorities, and is not, therefore, at the disposal of the Dominion authorities.
The Minister of the Interior submits a communication herewith dated, 14th March,
1885, from Mr. W. C. Van Home, Vice-President of the Canadian Pacific Railway
Company, in which it is stated in effect that it will be necessary for the Company to
place their deep water terminus at English Bay :—That in consequence of this, the
Company propose to construct docks and other terminal facilities upon a strip of
land proposed to be conveyed to them for the purpose by the Government of British
Columbia; that an extensive tract of level ground for terminal sidings and train
yards will be necessary at this point; that the only suitable ground for the purpose
is the Naval Reserve alluded to in the above mentioned despatch of the Colonial
Secretary; and that the Company desire to acquire this Reserve.
The Committee advise that a copy of this Minute, if approved, be forwarded to
Her Majesty's Principal Secretary of State for the Colonies for the favourable consideration of the Lords of the Admiralty.
All of which is respectfully submitted for Your Excellency's approval.
(Signed)
JOHN J. MoGEE.
Clerk, Privy Council.
To the Honorable
The Minister of the Interior. ■MiHilfi*-
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(OOPT.)
With P. C. 749 F.—1885.   Ref. 92,379.
THE CANADIAN PACIFIC RAILWAY,
Montreal, March 14th, 1885.
SlR,-
Finding the harbour at Port Moody utterly inadequate to the requirements of
the Company at its Pacific terminus, provision has been made for tho extension of
the line West along the South shore of Burrard inlet to Coal Harbour and English
Bay, as approximately shewn on the enclosed plan.
Owing to the extreme force of the tide at the First Narrows (the entrance to
Burrard Inlet), access to the inlet for large ocean steamships will be almost impracticable, except at low tide, and, from investigations recently made, it seems that
English Bay must be utilized as the main harbour, and that the Railway must be
extended to run along that Bay.
The construction of the necessary docks, etc., will involve a very large expenditure, and to provide for this the Government of British Columbia propose to convey
to the Company the tracts of land colored red on the enclosed plan.
An extensive tract of level ground for terminal sidings and train yards will be
necessary, and the only ground suitable for that purpose in the vicinity of English
Bay is on the Naval Reserve and the strip immediately South of it.
The Naval Reserve was originally intended to provide timber for spars, etc., but
I am informed that all of the timber suitable for this purpose has already been cut,
and that there is no reason now for holding this particular tract for naval or other
public purposes.
The Company is now in negotiation with the Government of British Columbia
for a strip of land adjoining and immediately South of the Naval Reserve, and desires
also to acquire the Naval Reserve itself from the Government. Indeed, the acquisition of this property by tbe Company is almost essential for the construction of
proper facilities for traffic.
Tho Company cannot safely execute the proposed agreement with the Province
of British Columbia without knowing whether, or not, this property may be secured,
and they have only until the 23rd day of April to decide the matter.
The Agent of the Dominion Government, the Honorable J. W. Trutch, is now in
Ottawa, and he is fully acquainted with the situation of the property in question,
and it was he who made the original reservation.
The Naval Reserve embraces, as we believe, about 780 acres, although the Government of British Columbia claim that it should include only 120 acres, but all of
the evidence we have been able to obtain indicates that the first named figures are
substantially correct.
I trust that we may be informed as soon as possible whether or not the property
may be secured by the Company, and upon what terms.
I have the honor to be,
Sir,
Your obedient servant,
!
(Signed)
W. C. VAN HORNE,
Vice-President,
Hon. Sir D. L. Maopherson, K.C M.G.,
Minister of the Interior, iy-- " " Ref. 91,958.
GOVERNMENT HOUSE, OTTAWA,
Thursday, 16th day of July, 1885.
A
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Present :
HIS  EXCELLENCY  THE  GOVERNOR  GENERAL  IN  COUNCIL.
On the recommendation of the Acting Minister of the Interior, and under the
provisions of Sub-sec. 4 of the Eleventh Section of the Act, passed in the Session of
the Parliament of Canada, held in the Forty-seventh year of Her Majesty's Reign,
Chaptered six, and intituled " An Act respecting the Vancouver Island Railway, the
I Esquimalt Graving Dock, and certain Railway lands of the Province of British
" Columbia, granted to the Dominion."
His Excellency, by and with the advice of the Queen's Privy Council for
Canada, has been pleased to order, and it is hereby ordered, that the Regulations for
the survey, administration and disposal of Dominion Lands within tho Railway Belt,
in the Province of British Columbia, approved and adopted by the Governor in
Council dated 20th April, 1885, be and the same are hereby amended as follows:—
That Clause 39 of said Regulations be rescinded, and the following substituted in
lieu thereof:
" 39. That the provisions of the Act of the Legislature of British Columbia, 47
Victoria, Chapter 32, intituled ' An Act relating to the cutting of timber upon the
Provincial lands and for the purpose of deriving a revenue therefrom,' shall govern
the mode of disposal and the rents, royalties, dues and charges upon the timber
lands in the Railway Belt in British Columbia lying South of 49° 34" North Latitude and West of the 121° of Longitude West of Greenwich; but the said Act of
the Legislature of British Columbia, in so far as it applies to the lands in the Railway Belt lying South of 49° 34" North Latitude and West of the 121° of Longitude West of Greenwich, shall be administered by the Minister of the Interior
of Canada, and the rents, royalties, dues and other charges to be made and collected
upon, or in respect of the said timber lands, shall be paid to the credit of the Receiver
General of Canada, and the enactments and provisions in the 26 next following
clauses shall be limited in their effect to the Dominion Lands in the Railway
Belt in British Columbia lying North and East of the tract hereinbefore described,
as far as the 120° of Longitude West of Greenwich ; and in regard to the timbered lands within the Railway Belt in British Columbia lying East of the said
120° of Longitude West of Greeuwicb, the provisions of the Dominion Lands Act,
1883, and the Regulations thereunder made from time to time by the Governor
in Council, shall apply, (a) The word " timber " shall mean all wood and the
products thereof."
(Signed)
JOHN J. MoGEE,
Clerk, Privy Council.  Ref. 91,959.
GOVERNMENT HOUSE, OTTAWA,
THURSDAY, 16th DAY OP JULY, 1885.
Present :
HIS EXCELLENCY THE GOVERNOR GENERAL IN COUNCIL.
0>
On the recommendation of the Honorable the Acting Minister of the Interior,
and under the provisions of the 4th Sub-Section of the 11th Section of the Act passed
in the Session of the Parliament of Canada, held in the forty-seventh year of Her
Majesty's Reign, Chaptered six, and intituled: | An Act respecting the Vancouver
" Island Railway, the Esquimalt Graving Dock, and certain Railway Lands of the
I Province of British Columbia, granted to the Dominion."
His Excellency, by and with the advice of the Queen's Privy Council for Canada,
has been pleased to order, and it is hereby ordered, that the Regulations for the
survey, administration and disposal of Dominion Lands within the Railway Belt in
the Province of British Columbia, approved by Order in Council, dated 20th April,
1885, and amended by Order in Council of the 16th of July, instant, be and the same
are hereby further amended as follows, that is to say:—
That the word " six " be substituted for the word "five " in the last line of Clause
12 of said Regulations.
That Sub-Clause 4 of Clause 20 be repealed, and that Sub-Clause 5 of the same
Clause be amended by striking out the words "erection of a habitable house and
cultivation."
(Signed)
' i
JOHN J. MoGEE,
Clerk, Privy Council. > K
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Ref. 101,969 on 67,684.
Certified Copy of a Report of a Committee of
the Honorable the  Privy Council, approved
by His Excellency the Governor General in
Council, on the 1st December, 1885.
The Committee of the Privy Counoil have had under consideration a Report
dated 6th June, 1885, from the Minister of Justice, upon the reference of a Memorandum from the Minister of the Interior, dated 8th April, 1885, herewith, with
<&/
£,/> respect to what steps should be neoessary to restrain the Government of British
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V
Columbia from selling any lands within the Railway Belt, or from issuing any
patents for lands within the said Belt, and to cancel the patents issued by the
Government of British Columbia for lands within the Railway Belt, since the passing
of the Act of the Provincial Legislature in May, 1883.
The Committee concur in the report of the Minister of Justice and the recommendations therein contained, and they submit the same for your Excellency's
approval.
(Signed,;
JOHN J. MoGEE,
Clerk, Privy Council.
To the Honorable
The Minister of the Interior. J No. 101,959 on 67,684.
I
DEPARTMENT OF JUSTICE,
Junk 6th, 1885.
TO HIS EXCELLENCY THE GOVERNOR GENERAL IN COUNCIL:
The undersigned to whom was referred a report to Council from the Minister of
the Interior, dated the 8th of April last, respecting certain questions raised relative
to the lands on the railway belt in British Columbia, respectfully reports:—
1. By the 11th Section of the Terms of Union with British Columbia (Acts of
1872, p. xxxviii), the Government of Canada undertook to secure the commencement,
simultaneously within two years from the date of the Union (July 20, 1881), of the
construction of a railway from the Pacific towards the Rocky Mountains, and from
such point as might be selected east of the Rocky Mountains towards the Pacific to
connect the seaboard of British Columbia with the railway system of Canada, and
further to secure the completion of such railway within ten years from the date of
the Union.
And the Government of British Columbia agreed to convey to the Dominion
Government in trust to be appropriated in such manner as the Dominion Government deemed advisable in furtherance of the construction of the said railway a
similar extent of public lands along the line of railway throughout its entire length in
British Columbia (not to exceed, however, twenty (20) miles on each side of said line)
as might be appropriated for the same purpose by the Dominion Government from
the public lands of the North-West Territories and"the Province of Manitoba.
Provided that the quantity of land which might be held under pre-emption right or by
Crown grant within the limits of the tract of land in British Columbia to be so conveyed to
the Dominion Government should be made good to the Dominion from contiguous public
lands
And provided further that until the commencement within two years as aforesaid from the date of the Union, of the construction of the said railway, the Government of British Columbia should not sell or alienate any further portions of the public
lands of British Columbia in any other way than under right of pre-emption requiring
actual residence of the pre-emptor on the land claimed by him.
In consideration of the land to be so conveyed Canada agreed to pay British
Columbia from the date of the Union $100,000 per annum.
2. By the first section of an Act of the Legislature of British Columbia (43 Vic,
Cap. 11, hereafter referred to as the Act of 1880) passed on the 8th of May, 1880,
there was granted to the Dominion Government for the purpose of constructing and
to aid in the construction of the Canadian Pacific Railway line located between
Burrard Inlet and Yellow Head Summit, certain lands in trust as provided in the
terms of Union.
The lands intended to be conveyed are stated to be more particularly described
in a despatch to tho Lieut.-Governor from the Secretary of State, dated 31st May,
1878, as a tract of land lying, &c (the description being then given).
And it is then provided that the grant of the said lands shall be subject otherwise to the conditions contained in the 11th Section of the Terms of Union.
3. By the 2nd Section of an Act of the said Legislature (46 Vic, Cap. 14, passed
May 12th, 1883, hereinafter referred to as the Act of May, 1883), the first section of
43 Vic, Cap. 11, was amended to read as fellows:—
" From and after the passing of this Act there shall be and there is hereby
I granted to the Dominion Government for the purpose of constructing and to aid in
" the construction of the portion of the Canadian Pacific Railway on tbe mainland
" of British Columbia, in trust, to be appropriated as the Dominion Government
" may deem advisable, a similar extent of public lands along the line of the railway
" before mentioned, wherever it may be finally located (not to exoeed twenty miles on
" each side of the said line) as may be appropriated for the same purpose by the
« Dominion from the public lands of the North-West Territories and the Province of
I Manitoba, as provided in the Order in Council, Section 11, admitting the Province of
" British Columbia into Confederation', but nothing in this section contained shall pre-
" judico the right of the Province to receive and be paid by the Dominion Govern-
" ment the sum of $100,000 per annum, in half-yearly payments in advance, in consideration of the lands so conveyed, as provided in Section 11 of the Terms of
" Union.
I
III
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" Provided always that the line of railway before referred to shall be one con-
" tinuous line of railway only connecting the seaboard of British Columbia with the
" Canadian Pacific Railway, now under construction on the East of the Rocky
" Mountains."
4. The Act of May, 1883, was passed to give effect to an agreement alleged to
have been come to between the two Governments.
There was, ho-vever, a misunderstanding about this agreement which, in certain
particulars (not at all affecting the question under consideration) was not satisfactory
to the Government of Canada, and no corresponding Act was passed by Canada;
clause (a) of this agreement was as follows :—
" The Legislature of British Columbia shall amend the Act No. 11 of 1880»
" intituled ' An Act to authorize the grant of certain Public Lands on the mainland
I of British Columbia to the Government of the Dominion of Canada for Canadian
" Pacific Railway purposes,' so that the same extent of land on each side of the line
"of Railway through British Columbia wherever finally settled, shall be granted to
| the Dominion Government in lieu of the lands oonveyed by that Act."
5. During the summer of 1883, the undersigned visited British Columbia, and
for the Government of Canada entered into an agreement with the Government of
British Columbia for the settlement of all matters in difference, and this agreement
was confirmed by an Act of the Legislature of British Columbia, 47 Vic, Cap. 14,
passed on the 19th of December, 1883, (hereinafter referred to as the Act of
December, 1883,) and by an Act of the Parliament of Canada, 47 Vic, Cap. 6, passed
on the 19th of April, 1884;
6. Clause (a) of the agreement last mentioned is as follows:—
" The Legislature of British Columbia shall be invited to amend the Act No. 11
"of 1880, intituled 'An Act to authorize the grant of certain Public Lands on the
" mainland of British Columbia, to the Government of the Dominion of Canada for
" Canadian Pacific Railway purposes,' so that the same extent of land on each side
" of the line of Railway through British Columbia, wherever finally settled, shall be
"granted to the Dominion Government in lieu of the lands oonveyed by that Aot."
The second Section of the Act of December, 1883, is in the following terms:	
"Section 1 of the Act of the Legislature of British Columbia, No.
11 of 1880, intituled ' An Act to authorize the grant of oertain public lands
on the mainland of British Columbia to the Government of the Dominion of Canada
for Canadian Pacific Railway purposes,' is hereby amended so as to read as follows :
I From and after the passing of this Act there shall be, and there is hereby
granted to the Dominion Government for the parpose of constructing and
to aid in the construction of the portion of the Canadian Pacific Railway on the mainland of British Columbia, in trust, to be appropriated as
the Dominion Government may deem advisable, the public lands along the line of
the railway before mentioned, wherever it may be finally located, to a width of
twenty miles on each side of the said line, as provided in the Order in Counoil
Section 11, admitting the Province of British Columbia into Confederation'
but nothing in this section contained shall prejudice the right of the Province to'
receive and be paid by the Dominion Government the sum of $100,000 per annum
in half-yearly payments, in advance, in consideration of the lands so conveyed'
as provided in Section 11 of the Terms of Union ; Provided always, that the line'
of Railway before referred to, shall be one continuous line of Railway only connecting the seaboard of British Columbia with the Canadian Pacifio Railway'now
under construction on the east of the Rocky Mountains."
7. By the 11th Section of the Aot of Parliament before referred to f47th Via
Cap. 6) it is provided that: v •>
a +-(0 m 't dS Z™?lf.hy ^itteh Columbia to Canada in pursuance of the 11th
Section of the Terms of Union by the Act of the Legislature of British OolnmKi?
43 Vic, Cap. 11, as amended by the Act of the sameg Legislature 47 Vic CW W
shall be placed upon the market at the earliest possible date, and shall be offered for
sale on liberal terms to actual settlers. onerea lor
(2) The said lands shall be open for entry to bond fide settlers in such lots and
at such prices as the Governor m Council determines.
(3) Every one who squatted on any of the said lands prior to the nii.«w,fi. a
of December, 1883, and who has made substantial improvement^, the?eonshall ft ^
Ieneraify.t0f ^^ ** ** S° iH*roved at^ "^ 0^^-^
Jag, ^^^S^pI
,.(4) The Governor in Council may, from time to time, regulate the manner in
which and terms and conditions on which, the said lands shall be surveyed, laid
out, administered, dealt with and disposed of.
t. i 8-' ?h<? following statement of facts is made in the 5th to the 14th paragraphs,
both inclusive, of the report of the Minister of the Interior j
5. " In the interval between the closing of the Provincial Session in May, 1883,
and the meeting of tbe House in December, 1883, all questions between the two
Governments relating to the Island Railway, had been arranged, and steps had
been taken by the Dominion Government to carry out the Act of the 12th May, 1883,
" in respect of the provisions of that Act, to which no objection had been taken by
" the Dominion Government, especially with regard to the Graving Dock and sale of
" the Dominion lands in the Province.
6. "In 1882 an Act was passed by the Dominion Government authorizing the
" Governor General in Council to abandon the Yellow Head Pass and adopt another
" route, and in November, 1883, the Dominion Government notified the Provincial
" Government that the Yellow Head Pass was definitely abandoned, and that the
" line adopted instead for the Canadian Pacific Railway, crossed the Rocky Mountains
" by Bow River or Kicking Horse Pass, the Selkirk Range, and through Rogers' Pass
" by Beaver Creek and llleciliewaet River Valley and Eagle Pass Creek to Kamloops.
7. " It was, also, arranged and understood between the two Governments that
" any lands taken up in the 40-mile belt should, on proof of bond fide settlement, be
" granted to actual settlers, but it was always maintained on behalf of the Dominion
" Government that the patents for such pre-empted lands should be issued by the Dominion
" Government.
8. " During the negotiation which took place between the Agent of the Dominion
" Government and Mr. Smithe, the Premier of British Columbia, it was understood
" from Mr. .Smithe by the Agent of the Dominion Government that no patents should be
" issued by the Provincial Government in respect of lands within the Railway Belt,
11 applications to purchase which had been made to the Provincial Government subsequent
" to the passage of the Act passed on the 12th May, 1883, but if any claims were put
l( forward for grants of such lands the Chief Commissioner of Lands and Works should
" refuse to issue the same, leaving the applicants to any legal remedy they might have.
9. " In November, 1883, notices were given in the British Columbia Gazette of
" the intention of various parties to apply tor leave to purchase lands East of Kam-
" loops, and the necessary steps were claimed to have been taken to comply with the
" land laws of the Province in order to purchase said lands.
10. " In December, 1883, a further Act relating to the Island Railway, the
Graving Dock and Railway Lands of the Provinoe, was passed by the Provincial
Legislature in order to meet the views of the Dominion Government with reference
to certain olauses affecting the Island Railway only, and the Act of 1883 was
thereby repealed.
11. " Mr. Smithe, in his capacity of Commissioner of Lands and Works and
Premier of the Provinoe, expressed his intention during the past summer of issuing
Crown patents to purchasers of lands within the 40-mile belt, provided the requirements of the Land Aot ot British Columbia had been complied with in respect
thereof, and as a matter of fact he has issued Crown patents to purchasers and pre-
emptors since the 13th May, 1883, in respect of lands within the Railway Belt.
12. " With a view of setting at rest the differences arising between the Government of Canada and the Government of British Columbia, as herein set forth, an
application was made to the Supreme Court of British Columbia by Messrs. Drake,
Jaekson and Helmcken, Agents in that Province of the Minister of Justioe, for a
writ of injunotion to restrain the Chief Commissioner of Lands and Works of the
Provinee from issuing Crown Patents for lands within the Railway Belt, claiming
that (1) until the line of railway was definitely settled from Kamloops to the
Eastern boundary of British Columbia no lands could be sold by the Provincial
Government or by the Chief Commissioner of Lands and Works, acting on behalf
of the said Government, aad that alter the line of railway had been defined in
November, 1883, no lauds within twenty miles of either side of the railway from
Kamloops to the Rocky Mountains could be either pre-empted or purchased without the leave and license of the Dominion Government.
(2) " A declaration that the true, construction of the Act of the 12th May, 1883,
and the 1st December, 1883, is that no lands in British Columbia couid be disposed
of by the Provincial Government until the line of railway from Kamloops to the
Rocky Mountains was located, and that after such looation no lands within twenty
miles of either side of tho said located Una oould be sold or disposed of, except by
3 1
ml
\ I
6
the Dominion Government; (3) an aocount of all lands pre-empted within the
Railwav Belt from Burrard's Inlet to Kicking Horse Pass, subsequent to the i^tn
May, 1883: (4) an account of all lands sold or agreed to be sold within tne saia
belt subsequent to the 12th May 1883; and (5) such further and other relief as tne
naturo of the case might require.
13. 1 The Chief Justice refused the injunction asked for on the ground that the
I application for such a writ should be made to the Exchequer Court of Canada, ana
1 his decision was confirmed by the full Court.
14, " The Agent of the Dominion Government in British Columbia now reports
I that he is informed by the Agents of the Minister of Justice, that since the above.
1 decision of the Court had been announced, the Chief Commissioner of Lands and
| Works issued patents to several persons, a list of whose names and the aoreage
I of lands granted is hereto attached.
9. The Minister of the Interior then recommends that " the papers in this case
\ be referred to the Minister of Justice for the purpose of taking such further steps
i as may be necessary to restrain the Government of British Columbia from selling
| any lands within the Railway belt or from issuing any Crown Patents for lands
I within the said belt, and to cancel the patents issued by the Government of British
I Columbia, for lands within the Railway belt since the passing of the Act of the
I Provincial Legislature in May, 1883."
10. Having stated that the proceedings mentioned in the report of the Minister
of the Interior were not taken under direction from the undersigned, it is to be
observed that the following questions are naturally suggested for consideration.:—
(1) Could the Government of British Columbia sell any lands in the Railway belt
before the line from Kamloops to the Eastern boundary of the Province was definitely
settled ?
(2) At what date did the Crown, as represented by the Government of Canada,
become seized, for the use ot Canada, of the land in the belt along the railway as now
located ?
(3) Of what lands did the Crown so beoome seiaed ?
(4) By what authority are grants to be made of lands in the railway belt which
were not patented when the Crown so became seized ?
Question 1.
1. Could the Government of British Columbia sell any lands in the railway belt
before the line from Kamloops to the Eastern Boundary was definitely settled ?
By the Terms of Union the Government of British Columbia as already mentioned,
agreed that until the commencement within two years from the date of the Union
of the construction of the railway, they would not sell or alienate any further portion
of the public lands of British Columbia in any other way than under right of preemption, requiring actual residence of the pre-emptor on the land olaimed by him.
By the Aot of 1880, a grant was made of lands, along a defined line which has
since been abandoned, and the grant was declared to be subject otherwise than therein provided to the conditions contained in the 11th Section of the Terms of Union.
But as the time during which British Columbia undertook not to sell any public
lands of the Provinoe lapsed at the expiry of two years from the date of the Union,
and as no such provision was necessary to give effect to the Act of 1880, seeing that
thereby a grant of land along a defined line was made, the undersigned does not
understand that the grant so made was subject to a condition that British Columbia
should not sell any of the other public lands of the Province.
By the agreement recited in the Act of May, 1883, the' Government of British
Columbia agreed that the Act of 1880 should be so amended that the grant should be
of lands on each side of the railway wherever finally located, and by the 2nd Section of
the Act of May, 1883, the Legislature granted the lands along the line of the railway
wherever it might " be finally located not to exceed twenty miles on each side of the
% B*id lin° . * a8 Provided in the Order in Council, Section M admitting the Province of British Columbia into Confederation." /
The Aot of December, 1883, and the agreement therein recited, in so far as the
question now under discussion is concerned, are substantially in the same terms
u   UJ h ?ini0n°f the "^signed the Government of British Columbia could not
after the date of the grant  whatever that date may be, sell or alienate any lands
within twenty miles of the line of railway wherever this should be finally located
and that any sales of lands thereafter made within the 40-mile belt would be void
but apart tromtms there does not appear to be i& the agreement, or the Acts referred
to, any obligation on the part of British Columbia to desist from'selling publk;lands
Itini alleged thatthe Premier of British Columbia promised the A|ent of Canada
in British Columbia that no sales would be made after the passing of the Act of May 1883, but it also appears that the promise was not kept, and probably there is no way
of enforcing that promise, as the question would in the courts be settled by the formal
agreements entered into between the two Governments, and by the Statutes passed
for giving effect thereto.
This question, therefore, naturally leads to the consideration of the
2nd Question.
At what date did tho Crown, as represented by the Government of Canada,
become seized, for the use of Canada, of the lands in the belt along the railway as
now located?
This date is either May 12th, 1883, the date of the passing of the Act ©f May,
1883, or December 19th, 1883, the date of the passing of the Act of December, 1883.
The following faots already referred to, in a general way, appear to afford the
answer to the question :—
(a) The Government of Canada refused to ratify the agreement recited in the
Act of May, 1883, and sent a special representative to settle the termsof the agreement to be made between the two Governments.
(b) A formal agreement was thereafter made and executed.
(c) The Legislature of British Columbia confirmed the latter agreement by the
Act of December, 1883, by which the Act of May, 1883, was repealed.
(d) The Parliament of CanadJ confirmed the latter agreement by 47 Vic, Cap.
6, in which the grant of lands in question is mentioned as being made" by the Act of
British Columbia of 1880, as amended by the Act of December, 1883, and in which
provision is specially made in pursuance of the latter agreement for the protection of
persons who had squatted on the lands within the railway belt prior to December
19th, 1883, and who had made substantial improvements thereon.
However muoh Your Excellency's Government may regret that tbe Government of British Columbia did not carry out the understanding which the Agent of
Canada had with the Premier of that Provinoe, they cannot, in the opinion of the
undersigned, in view of the facts, oontend that the grant was made prior to the 19th
day of December, 1883, but must accept that as the date of the grant.
3rd Question.
3. Of what lands did the Crown, as represented by the Government of Canada,
become seized by virtue of the said grant?
By the second Section of the Act of December, 1883, there was granted to the
Government of Canada " the public lands along the line of the railway before men-
" tioned wherever it might be finally located to a width of twenty miles on each
" side of the eaid line as provided in the Order in Council, Section 11, admitting the
" Province of British Columbia into Confederation."
By the Terms of Union it is provided that the quantity of land which may be
held under pre-emption right, or by Crown grant within tho limits of the traet of land
in British Columbia to be so conveyed to the Dominion Government shall be made
good to the Dominion Government from contiguous public lands.
In the opinion of the undersigned the Government of Canada took under the
grant all lands in the limits described which, at the date of the grant, had not been
alienated by Crown grant, or which were not then held under pre-emption right, the
Government of British Columbia being bound to make good any deficiency caused
thereby, out of contiguous public lands.
It appears from tho Memorandum attached to the report of the Minister of the
Interior that the grants made by the Government of British Columbia, of lands in
the railway belt to Parwell, Wright and others, are dated in January 1885, and in
the opinion of the undersigned, these grants cannot stand unless they are of lands
held on the 19th of December 1883, under pre-emption right. On the question of the
validity of the grants to Farwell and Wright, the undersigned has had the advantage
of perusing an opinion given by Mr. J. J. C. Abbott to the Seoretary of the Canadian
Pacific Railway and which was transmitted to the undersigned by the Minister of
the Interior. Mr. Abbott entertains the opinion that the grants are void, and in that
opinion the undersigned concurs, unless, as before stated, it is made to appear that
on the 19th of December 1883, the lands so granted were held under pre-emption
right. On that question the undersigned is without suoh information as would
enable him to reach a definite conclusion.
4th Question.
4. By what authority are grants to be made of lands in the railway belt whioh
were not patented on the 19th day of December, 1883 ?
Provitiin .the opinion of the undersigned, lands in the railway belt at that date held
I
ill
Ijjjj
I III
I s'Jl
19
m
.1-1
Province ^he opinion of the undersigned, lands in the railway belt at that date held^u NO
j purchase which had'!1 right, did not pass from the Government of British Columbia,and #*
Passage of the Act passed
M
the passage IP
I
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8
of these they may and should complete the title, but of all other lands in the railway
belt, the patents can only be issued by the Crown as represented by the Government
of Canada. .
If tbis report is approved the undersigned recommends that the substance of it
be communicated by the Minister of the Interior to the Agent of the Government of
British Columbia, with a view to his obtaining information with respect to the lands
in the railway belt granted prior to December 19th, 1883, or at that date held under
preemption right, and in order that prooceedings by information of intrusion, may
be taken in the Exchequer Court of Canada against the grantees mentioned in the
Memorandum attached to the report of the Minister of the Interior, if the lands
granted to them in January, 1885, were not so held.
(2.) The Lieutenant-Governor of British Columbia be informed that in the view of
Your Excellency's Government the Crown is seized, for the use of the Dominion, of
all lands in the railway belt, which on the 19th day of December, 1883, had not been
patented, or were not at that date held under pre-emption right, that of lands at that
date so held under pre-emption right, the patents should be issued by the Government of British Columbia, but only after Your Excellency's Government shall have
been informed of the particulars of each proposed patent and shall have by official
letter acquiesced in the issue thereof.
The Government of Canada only can issue patents for ail other ungranted lands
in the Railway Belt.
(3) As soon as the necessary information it available steps be taken to have
made good to Canada any deficiency caused by lands in the Railway Belt having
been granted prior to December 19th, 1883, or from them being then held under
pre-emption right.
All of which is respectfully submitted.
(Signed)
A. CAMPBELL.
M>«««i'-oa,nada
^e Aot of May DEPARTMENT OP THE INTERIOR,
Ottawa, 8th April, 1885.
;1 a
MEMORANDUM.
The undersigned has the honor to report to Council that	
1. In February, 1883, the Lieutenant-Governor of British Columbia, acting under
and by advice of his Ministers, made a formal proposition to the Dominion Government for the purpose of effecting a settlement of certain open questions which
existed between the Provincial Government and the Dominion Government in
respect of the Island Railway, Graving Dock and lands on the mainland. The proposition, with some modifications was, in substance, agreed to between the two
Governments. The subject of the lands to be granted by the Provincial Government
to the Dominion Government for railway purposes in lieu of lands which had been
disposed of in the Railway Belt, was one of the most important questions to be
settled, and a large concession of lands on Peace River was made to the Dominion
Government for this purpose, and at the same time it was proposed and agreed to,
that until the Railway was finally located the Provincial Government should reserve
from sale all lands in British Columbia East of Kamloops in order that when the
line was finally deoided upon the Dominion Government would find the lands in the
Railway Belt free from all oiher claims, except bona Me purchases or pre-emptions
made prior to the agreement between the two Governments.
2. In accordance with the agreement thus arrived at, between the two Governments, an Act known as the Act relating to the Island Railway, the Graving Dock
and Railway lands of the Province, was passed by the Provincial Assembly and
assented to by the Lieutenant-Governor on the 12th May, 1883.
3. That Act was passed as a final settlement of all differences then existing
between the Provincial and the Dominion Governments. By it the Provincial
Government purported to grant to the Dominion. Government in trust, to be appropriated as the said Government might deem advisable, a tract of land not exceeding 20
miles on each side of the said line wherever it might be finally located. At the time
of the passage of this Act the Canadian Pacific Railway was in course of construction
in British Columbia, from Port Moody to Savona's Perry or Kamloops, the line from
Kamloops to connect with the line on the other side of the Rocky Mountains was
not decided upon.
4. Immediately upon the passage of the last mentioned Act, the Dominion
Government objected to certain clauses therein relating to the Islaud Railway, and
required them to be amended, but no objection was then or at any time taken to the
clauses relating to the lands on the mainland conveyed by the said Act to the
Dominion Government.
Owing to the House having risen, no amendment could be made until the next
Session of the Legislature.
5. In the interval between the closing ot the Provincial Session in May, 1833,
and the meeting of the House in December, 1883, all questions between the two
Governments relating to the Island Railway had been arranged, and steps had been
taken by the Dominion Government to carry out the Act of the 13th May, 1883, in
respect of the provisions of that Act, to which no objection had been taken by the
Dominion Government, especially with regard to the Graving Dook, and sale of
the Dominion lands in the Province.
6. In 1882 an Act was passed by the Dominion Government, authorizing the
Governor General in Council to abandon the Yellow Head Pass, and aaopt another
route, and in November, 1883, the Dominion Government notified the Provincial
Government that the Yellow Head Pass was definitely abandoned, and that the line
adopted instead for the Canadian Pacific Railway crossed the Rocky Mountains by
Bow River or Kicking Horse Pa-s. the Selkirk Range, and through Rogers' Pass by
Beaver Creek and Iileciilewaet River Valley and Eagle Pass Creek to Kamloops.
7. It was also arranged and understood between the two Governments that any
lands taken up in the 40-mile belt should, on proof of bona Resettlement, be granted
to actual settlers, but it was always maintained on behalf of the Dominion Government that the patents for such pre-empted lands should be issued by the Dominion
Government.
8. During the negotiation which took place between the Agent of the Dominion
Government and Mr. Smithe, the Premier of British Columbia, it was understood
from Mr. Smithe, by the Agent of the Dominion Government, that no patents should
be issued by the Provincial Government in respect of lands within the Railway Belt,
applications to purchase v/hich had been made to the Provincial Government subsequent to the passage of the Act passed on the  12th of May, 1883, but if any claims
1
.' I n~-BKMmma4H
10
were put forward for grants of such lands the Chief Commissioner of Lands and Works
should refuse to issue the same, leaving the applicants to any legal remedy they
might have.
9. In November, 1883, notices were given in the British Columbia Gazette of
the intention of various parties to apply for leave to purchase lands East of Kamloops,
and the necessary steps were claimed to have been taken to comply with the land
laws of the Province in order to purchase said lands.
10. In December, 1883, a further Act relating to the Island Railway, the Graving Dock and Railway Lands of the Province, was passed by the Provincial Legislature in order to meet the views of the Dominion Government with reference to certain clauses affeoting the Island Railway only, and the Act of 1883 was thereby
repealed.
11. Mr. Smithe, in his capacity of Commissioner of Lands and Works, and
Premier of the Province, expressed his intention during the past summer of issuing
Crown Patents to purchasers of lands within the 40-miie belt, provided the requirements of the Land Act of British Columbia had been complied with in respect thereof,
and as a matter of fact, he has issued Crown Patents to purchasers and pre-emptors
since the 13th May, 1883, in respeot of lands within the Railway Belt.
12. With a view of setting at rest the differences arising between the Government
of Canada and the Government of British Columbia as herein set forth, an application
was made to the Supreme Court of British Columbia by Messrs. Drake, Jackson and
Helmcken, Agents in that Province of tho Minister of Justice, for a writ of injunction
to restrain the Chief Commissioner of Lands and Works of the Province from issuing
Crown Patents for lands within the railway belt, claiming that,—(1) until the line
of railway was definitely settled from Kamloops to the Eastern boundary of British
Columbia, no lands could be sold by the Provincial Government or by the Chief Commissioner of Lands and Works, acting on behalf of the said Government, and that after
the line of railway had been defined in November 1883, no lands within twenty miles
of either side of the lailway from Kamloops to the Rocky Mountains, could be either
pre-empted or purchased without the leave and license of the Dominion Government;
(2) a declaration that the true construction of the Act of the 12th May, 1883, and
the 1st December, 1881!, is that no lands in British Columbia could be disposed of by
the Provincial Government until the line of railway from Kamloops to" the Rocky
Mountains was located, and that after such location no lands within twenty miles of
either side of the said located line could be sold or disposed of, except by the
Dominion Government; (3) an account of all lands pre-empted within the railway
belt from Burrard's Inlet to Kicking Horse Pass, subsequent to the 12th May, 1883;
(4) an account of all lands sold or agreed to be sold within the said belt, subsequent
to the 12th May 1883, and (5) such further and other relief as the nature of the case
might require.
13. The Chief Justice refused the injunction asked for on the ground that the
application for such a writ should be made to the Exohequer Court of Canada and
his decision was confirmed by the full Court.
14. The Agent of the Dominion Government in British Columbia, now reports
that he is informed by the Agents Of the Minister of Justice, that since the above
docision of the Court had been announced, the Chief Commissioner of Lands and
Works issued patents to several persons a list of whose names, and the acreage of
lands granted, is hereto attached. 5
The undersigned now reoommends that the papers in this case be referred to the
Minister of Justice for the purpose of taking such further steps as may be necessary
to restrain the Government of British Columbia from selling any lands within the
railway belt or from issuing any Crown Patents for lands within the said belt, and to
cancel the patents issued by the Government of British Columbia for lands within
the railway belt, since the passing of the Act of the Provincial Legislature in May
Respectfully submitted.
(Signed)       D. L. MACPHERSON,
Minister of the Interior. I
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«  P. C.   529
/?»/. 88,016.
GOVERNMENT HOUSE, OTTAWA.
Monday, the 20th day of April, 1885
Present:
HIS EXCELLENCY THE GOVERNOR GENERAL IN COUNCIL.
1225
On the recommendation of the Honourable the Minister of the Interior
concurred in by the Honourable the Minister of Justice, and under the provisions of the 4th Sub-section of the nth Section of the Act passed in the
Session of the Parliament of Canada, held in the 47th year of Her Majesty's
Reign, Chaptered 6, and intituled " An Act respecting the Vancouver Island
" Railway, the Esquimalt Graving Dock, and certain Railway Lands of the
" Province of British Columbia, granted to the Dominion."
His Excellency by and with the advice of the Queen's Privy Council for
Canada has been pleased to order, and it is hereby ordered, that the following
Regulations for the survey, administration and disposal of Dominion Lands
within the Railway Belt, in the Province of British Columbia, be and the same
are hereby approved and adopted.
(Signed)       JOHN J. McGEE,
Clerk, Privy Council, I
ll
I
I1,1
II Ref. 122,422 on 56,219.
*'
Certified Copy of a Eeport of a Committee of
the Honorable the Privy Council, approved
by His Excellency the Governor General in
Council, on the 16th March, 1886.
On a Report dated 11th March 1886, from the Minister of Justice with respect
to the Act passed by the Legislature of the Province of British Columbia at its last
Session (1885) Chapter 9, entitled f An Act to amend The Sumas Dyking Aot 1878,"
and a Memorandum, dated 18th December 1885, from the Minister of the Interior,
upon said Act.
The Minister of Justice agrees with the conclusion arrived at by the Minister of
the Interior, that the said Act is in conflict with the grant made to the Dominion
Government by the British Columbia Act 47 Vic, Cap. 14, and he recommends that
the above cited Act, namely—" An Act to amend The Sumas Dyking Act 1878," be
disallowed.
The Committee advise that the said Act be disallowed accordingly, and that a
copy of the Report of the Minister of Justice and of the accompanying Memorandum
from the Minister of the Interior, be forwarded to the Lieutenant Governor of British
Columbia for the information of his Government.
(iSgned)
JOHN J» MoGEE,
Qlerk, Privy Council.
To the Honorable
The Minister of the Interior. With P. C. Nos.^yg| I H 122,422 on 55,219.
-1885.
DEPARTMENT OF JUSTICE,
Ottawa, March 11th, 1886.
To His Excellenoy
The Governor General
in Council.
With reference to the Act of the Legislative Assembly of British Columbia 48th
Vic. (1885) Chapter 9, intituled "An Act to amend the Sumas Dyking Act 1878,"
and a Memorandum upon which, prepared by the Minister of the Interior, has been
referred to the undersigned by Your Excellency in Counoil, the undersigned, has the
honor to report as follows:—
The first Section of the Act in question provides as follows:—
" 1. When and as soon as the Lieutenant Governor in Council shall have can-
" celled the agreement for the dyking and reclaiming of the lands in Chilliwaok and
I Sumas as provided in the ' Sumas Dyking Act 1878 ' and ame nding Acts, it shall
" be lawful for the Chief Commissioner of Lands and Works, by notice in the British
" Columbia Gazette to offer, from time to time for sale in accordance with the provisions of the S Land Act 1884,' 45,000 acres of the lands held at the passage of this
"Act by the Crown in townships 16, 19, 20, 22, 23, 25, 26, 27, 29 and 30 of JSew
" Westminster District, provided always that the moneys derived from the sale of
" the said lands shall be paid into the Treasury to the credit of an account to be
| called the Chilliwack and Sumas Dyking Fund."
The Minister of the Interior in his Memorandum points out that all the townships mentioned in this Section are in the railway belt on the Mainland of the
Province, and claims that the public lands in them are now vested in the Dominion
Government, and that the Aot under consideration is therefore ultra vires of the
Provincial Legislature.
The undersigned observes that the terms of the grant of the railway belt from
the Provincial to the Dominion Government as finally settled are contained in the
British Columbia Act 47 Victoria, Chapter 14, Section 2, upon reference to which it
will be seen that the grant is of the public lands along the line of the railway,
wherever it may be finally looated, to a width of twenty miles on each side of the
said line, as provided in the Order in Council (Section 11) admitting the Province
of British Columbia into Confederation. The undertaking of the Province contained
in the 11th Section of the Order in Council is as general in its terms, and, is qualified,
so far as the class of lands to be comprised in the grant is concerned, only by the
proviso that the quality of land which may be held under pre-emption right or by
Crown grant within the limits of the tract of land in British Columbia to be so conveyed to the Dominion Government shall be made good to the Dominion from
contiguous public lands.
It would appear, therefore that the grant to the Dominion was of all public
lands in the Railway belt, and that 1 public lands j here means, in effect, all lands
which had not at the date of the grant been alienated by Crown grant, or were not
then under pre-emption right. a
If this definition of " public lands " be accepted it is clear that there is nothing
in the Sumas Dyking Act or in its amendments, or in the reservation by the Provincial Government of the vacant lands in the townships in question to take such
vacant lands,out of that category, and they passed to the Dominion Government
with the other public lands in the Railway belt by virtue of the Aot 47th Vie.,
Cap. 14.
Tbe undersigned is therefore disposed to agree with the conclusion arrived at by
the Minister of the Interior, that the Aot of last session, Chap. 9, is in conflict with
the grant made to the Dominion Government by the Aot 47 Vic, and he recommends that the said Aot, namely " An Aot to amend the Sumas Dyking Aot 1878 "
be disallowed.
All of which is respectfully submitted. „ ,^fe
(Signed)
JOHN S. D. THOMPSON,
Minister cf Justice. ™» *• I ^^l^V S 122'422 °n 65'219'
DEPARTMENT OF THE INTERIOR,
Ottawa, 18th December, 1885.
MEMORANDUM.
The undersigned begs to report that his attention has been called to the passage
by the Legislature of the Province of British Columbia at its last Session, of an Act
(Chap. 9 1885) entitled | An Act to amend the Sumas Dyking Act, 1878," which
purports to deal with lands lying within the Railway Belt, and which tlu, undersigned is of opinion were conveyed to the Dominion by the said Provinoe by the
Settlement Act.
This Act of the British Columbia Legislature above alluded to author zes the
Chief Commissioner of Lands and Works to offer for sale, from time to time in
accordance with the Provincial Lands Act 1884, Forty-five thousand acres of land in
townships 16, 19, 20, 21, 22, 23, 25, 26, 27, 29 and 30, New Westminster District,
and directs the purchase money therefor to be paid into the Provincial Treasury to
the credit of an account to be called the " Chilliwack and Sumas Dyking Fund."
Section 13 of the " Sumas Dyking Aot 1878 " provides that the Dyking Contractor, Mr. E. L. Derby should, subject to the conditions of the Act, be entitled to
receive in respect of the Dyking to be effected by him 45,000 acres of land in the
before mentioned Townships, including in this acreage the Lake known as Sumas
Lake, and Section 34 provides that, in the event of the failure of Derby to carry out
the conditions, agreements and stipulations in the said Act contained, it should be
lawful lor the Lieutenant Governor in Council to cancel the said several agreements,
and to give as far as possible the like rights and privileges to some other person, so
that the lands mentioned or any part thereof might be dyked and reclaimed in
manner provided by the Aot.
The lands in the townships above mentioned were reserved for dyking purposes
by the Provincial Government by notice in the Government Gazette of the 13th day
of April, 1878, which reservation has never been revoked.
The whole of these lands lie within the Railway Belt, which was by Chapter 11
of 1880 of British Columbia, Section one, conveyed to the Dominion for Railway
purposes, subject only to tbe conditions of the eleventh Section of the Terms of Union
as to pre-emption rights.
By Clause 3 of the Act of British Columbia of 1880, alluded to in the last preceding paragraph, it is provided that the rights of the public with respect to Common
and Public Highways are not to be affected by that Act, these are the only rights
reserved in the conveyance of the Railway Lands by this Statute; there is no exception or reservation of Lands reserved by the Provincial Government for Special or
General Public purposes, and therefore the lands reserved for dyking purposes by
the above mentioned notice, not being lands held by Crown Grant or under preemption right within the meaning of the eleventh Section of the Terms of Union, and
not having been excepted in the Statutory Conveyance to the Dominion made by
Chapter 11,1880, nor by the subsequent conveyance, Chapter 14,1883, known as the VI
n
Settlement Act, and Mr. E. L. Derby having failed to carry out the dyking contract
(he having, in fact, as the undersigned is informed and believes, relinquished the
enterprise and left the Province of British Columbia long since) and the Provincial
Government not having before the passage of the Statutory Conveyance of 188* and
1883 exercised the powers reserved under Section 34 of the Dyking Act, 1878, of
granting to any other person the like rights and privileges as were conceded to
Derby, it is submitted that it may be justly contended that these last mentioned
Acts of 1880 and 1883, or one of them, in effect cancelled the Derby agreement and
revoked the powers reserved by said Seotion 34, and that thereby these lands have
passed to the Dominion for railway purposes free from the dyking trusts.
And if such is not the effect of the Statutory Conveyances above quoted it may
still be contended that under these Statutory conveyances these lands have passed in
fee to the Dominion as Trustees for the purposes of the Dyking Act, and consequently
that as Trustees of the fee any grant to any contractor of any portion of the 45,000
acres to be selected out of the said reserved lands under the Dyking Act must be
made by the Dominion Government, or in case of any conversion of the trust estate
the Dominion Government as the legal trustees of the corpus, and not the Provincial Government would be entitled to hold for the contractor the fund arising from
such conversion until such time as the contractor should have dyked the lands in
accordance with the Act.
And if the Act in question is not legally objectionable on any of the above
grounds, it is submitted that it is still subject to disallowance on the ground that by
its passage the Provincial Government have virtually admitted that all the Crown
lands within the Dyking Reserve have passed to the Dominion except 45,000 acres.
These 45,000 acres must therefore be the whole undivided interest in this Reserve
that E. L. Derby would have been entitled to receive on completion of his contract,
and as this undivided interest is stated in Section 13 of the Dyking Act as including
the unascertained area of Sumas Lake, the Act now under consideration should, to
be in accord with the Dyking Act, have provided that the unascertained area of
Sumas Lake should be included in and form part of the 45,000 acres, purported to be
authorized by this Act to be sold from time to time by the Commissioner of Lands
and Works.
And finally, the Act in question is primd facie inconsistent and invalid, as it sets
forth that on the 9th day of March, 1885, the date of its passage, these 45,000 acres
were Crown Lands, and if the*e lands were Crown Lands on that date, they were
Crown Lands on the date of the passage of the Settlement Bill, and passed thereunder
to the Dominion, no legislation or action of the Provincial Government affecting these
lands having been effected intermediately between those dates.
The undersigned begs to recommend that the papers in this case mentioned in
the Schedule hereto be referred to the Honorable the Minister of Justice for report as
to whether the Act of the Legislature of British Columbia, chapter 9, 1885, entitled:
"An Act to amend the Sumas Dyking Act, 1878," should not be disallowed.
i
1
Respectfully submitted,
(Signed) THOS. WHITE,
Minister of the Interior. 1
With P. C. Nos.   *!°~Zi J^f. 122,422 on 55,219.
2427—1885        '
Schedule of papers to accompany Memorandum to Council with reference to the
Act of the Legislature of British Columbia, Chapter 9, 1885.
1. Sumas Dyking Act, 1878, (41 Victoria, Chapter 6.)
2. Act amending Sumas Dyking Act, 1879, (42 Victoria, Cnapter 15.)
3. Act amending Sumas Dyking Act, 1885, (48 Victoria, Chapter 9.)
i
>£^- I
#•
*°
<^-
Ref 122,422 on 55,219.
GOVERNMENT HOUSE, OTTAWA,
Tuesday the 16th day of March, 1886.
Present:
His Excellency
The Governor General
in Council.
Whereas the Lieutenant Governor of the Province of British Columbia with the
Legislative Assembly of that Province passed an Act intituled " An Aot to amend the
"Sumas Dyking Act 1878 in the 48th year of Her Majesty's Reign."
And whereas the said Act has been laid before the Governor General in Council
together with a report from the Minister of Justice recommending that the said Act
should be disallowed.
His Excellency the Governor General has thereupon this day been pleased, by
and with the advice of the Queen's Privy Counoil for Canada to declare His Disallowance of the said Act, and the same is disallowed accordingly.
Whereof the Lieutenant Governor of the Province of British Columbia, and all
other persons whom it may concern are to take notice and govern themselves
accordingly.
(Signed) JOHN J. MoGEE,
Clerk, Privy Council. II Ref. 112,2M on 86,810.
GOVERNMENT HOUSE, OTTAWA,
Monday, 12th day of April, 1886.
PRESENT:
HIS EXCELLENCY TEDK GOVERNOR GENERAL IN COUNCIL.
On the recommendation of the Minister of the Interior, and under the provisions
of the 4th Sub-section of the 11th Section of the Act 47 Vic, Chap. 6, intituled:
I An Act respecting tho Vancouver Island Railway, the Esquimalt Graving Dock
and certain Railway Lands of the Provinoe of British Columbia granted to the
Dominion."
His Excellency, by and with the advice of the Queen's Privy Counoil for Canada,
has been pleased to order and it is hereby ordered that the Regulations for the
survey, administration and disposal of Dominion Lands within the Railway Belt in
the Province of British Columbia, approved by Order in Counoil of the 20th April,
1885, as amended by two Orders in Council dated 16th July, 1885, be and the same
are hereby further amended by the adoption of the following additional Regulations:—
1. The Dominion Lands in British Columbia shall be laid off, so far as practicable, in quadrilateral Townships, each containing thirty-six sections of as nearly one
mile square as the convergence of meridians permits, together with an allowance of
twelve acres in each seotionfor road purposes*
2. The sections shall be bounded and numbered as shown by the following
diagram:—
1
w
31
30
32
33
34
35
26
36
25
29
28
27
19
20
21
23
23
24
18
17
16
9
15
10
14
11
13
12
7
8
6
5
4
3
2
1
2. The lines bounding sections on the East and West sides shall be meridians;
and those o» the North and South sides shall be chords to parallels of latitude.
3. Each section shall be divided into quarter-sections of one hundred and sixty
acres more or less, together with an allowance for roads of three acres in eaoh,
subject to the provisions hereinafter made.
4. la the survey of a township, the deficiency or surplus resulting from convergence of meridians shall be divided equally between all the quarter seotions involved,
and the North and South error in closing on the correction lines from the North or
South shall be allowed in the ranges of quarter-seotions adjoining, and North or
South respectively of the said correction lines.
5. The dimensions and area of irregular quarter-sections shall, in all cases, be
returned by the surveyor at their actual measurements and contents.
6 To facilitate the description for letters patent of less than a quarter-section,
every section shall be supposed to be divided into quarter-quarter-sections, or forty
and three-quarters acres, and such quarter-quarter-seotions shall be numbered as I
shewn in the following diagram, whioh is intended to show such sun-divisions of a
section, which shall be styled legal sub-divisions:—
w,
13
12
5
4
14
11
6
3
15
10
7
2
16
9
8
1
E.
2. The area of any legal sub-division, as above set forth, shall, in letters patent,
be held to be more or less, and shall in each case be represented by the exact quantity as given to such sub-division in the original survey.
7. The Governor in Council may order the survey by a Dominion Land Surveyor
of such public highways as he may deem expedient, and may for that purpose, enter
and take any private roads and lands, whether the area ef the roads and lands so
taken be or be not in excess of the allowance for roads in any section, quarter-section
or legal sub-division.
8. On the approval of the survey of a public highway, the fact shall be notified
to the Lieutenant Governor of British Columbia by the Minister of the Interior, and
by virtue of such notification, such public highway shall become the property of the
said Province^-the legal title thereto remaining in the Crown for the public use of
the Province, but no suoh road shall be closed up or its direction varied or any part
of the land occupied by it sold or otherwise alienated, without the consent of the
Governor General in Council.
9. The Governor in Counoil may authorize any person to locate and build public
highways or to build public highways located in accordance with clause nine of these
regulations, and suoh person may then, for the purpose of building suoh highway,
by himself or his Agent, enter and take possession of any private roads and lands
and the timber thereon, whether the area of the roads and lands so taken be or be
not in excess of the allowance for roads in any section, quarter-section or legal subdivision, also to enter and take any gravel, timber, stone and other materials required
for the construction of any bridge or highway, and also to enter upon any land for
the purpose of cutting any drains that such person may think necessary.
(Signed) JOHN J. MoGEE,
Clerk, Privy Council. re
Ref. 115,277 on 86,810.
GOVERNMENT   HOUSE,   OTTAWA,
Tuesday, 11th day of May, 1886.
Present:
«
$•
SS
^
^.
HIS EXCELLENCY THE GOVERNOR GENERAL IN COUNCIL.
On the recommendation of the Minister of the Interior and under the provisions
of the Act 47 Vict., chap 6, intituled:—" An Act respecting the Vancouver Island
" Railway, the Esquimalt Graving Dock, and certain Railway lands of the Province
| of British Columbia, granted to the Dominion."
His Excellency by and with the advice of the Queen's Privy Counoil for Canada
has been pleased to order and it is hereby ordered that the provisions of clauses
numbered thirteen to twenty-four, both inclusive, of the Regulations' for the disposal
of Dominion Lands within the  Railway  Belt in the Province of British Columbia,
established by the Order in Counoil of 20th April 1885, be, and the same are hereby
continued in force until the first day of July 1887.
1
(Signed,)
JOHN J. MoGEE,
Clerk, Privy Council. ff-A *°
Ref. 116,779 on 67,684.
Certified Copy of a Report of a Committee oi
the Honorable the Privy Council, approved
by His Excellency the Governor General in
Council on the 24th May, 1886.
The Committee of the Privy Council have had under consideration a despatch
dated 18th March 1886, from the Lieutenant Governor of British Columbia, transmitting a copy of a Minute of his Executive Council dated 15th March 1886, respecting the lano> within the Railway Belt, on the Mainland of British Columbia.
The Minister of the Interior to whom the despatch and enclosure were referred
states that under tho authority of an Order in Council of the 13th November 1883,
the Honorable J. W. Trutch, C. M. G, Agent of the Government in British Columbia
was authorized to organize a Dominion Lands Service for British Columbia, that by
the said Order in Council Mr. Trutch was empowered to employ some trustworthy
person expert in the practical working of the British Columbia Land Law, to assist
him in the direction and administration of this service, that under the authority conferred by this Order in Council Mr. H. B. W. Aikman, then Registrar ot Titles for
the Province of British Columbia was employed by Mr. Trutch to search the Land
Office Records of that Province, with the view of ascertaining what lands within the
Canadian Pacific Railway Belt were held by grant fr un the Crown, and what lands
were claimed and held by pre-emption right, and to investigate and verify the
inchoate titles to such pre-emption claims, that after completing this work Mr. Aikman has recently been required to remove and has removed his office to New Westminster, where with the full information now in his possession, he will bj in a poution
to grant homestead entries to the actual settlers whose applications have already
been fyled with him, and to any others who may apply.
The Minister further states that with the object of further facilitating the settlement of the said Lands in the Railway Belt in British Columbia an Order in Council
was passed en the Uth May inst. extending until the 1st day of July 1887, the Tight
of actual settlers to obtain by homestead entry, upon payment of one dollar an acre
any agricultural lands available for that purpose within the said Railway Belt, and
that a Bill is now before Parliament with the object of extending the jurisdiction of
the Commissioner of Dominion Lands, and the Dominion Lands Board, to the Lands
owned by the Dominion within the said Railway Belt.
The Minister further states that during the past'three seasons tbe surveys of the
Lands in the Railway Belt in British Columbia have been vigorously prosecuted and
that a large proportion of the appropriation which Parliament has been asked to
vote for survey purposes during the next Financial Tear will be devoted to the prosecution and completion as far as possible of the requisite surveys within the said
Railway Belt.
The Committee concur in the report of the Minister of the Interior and they
recommend that the Lieutenant Governor of British Columbia be advised for the
information of his Government of the steps taken, to open for sale and settlement
the lands within the Railway Belt on the Mainland.
All which is respectfully submitted for Your Excellency's approval.
(Signed,) JOHN J. McGEE,
Clerk, Privy Council'
I j
I
To the Honorable
Tne Minister of the Interior.  i eiii i
J?
S>*
^°
V
On a Memorandum dated 12th July 1886, fron the Minister of Railways and
Canals, recommending that authority be given for handing over to the Minister of the
Interior certain buildings in British Columbia, namely, at St. Clouds and at a point
on the North Bank of the River Thompson about four miles below Savona's Ferry
formerly occupied by the Government Engineers of the Canadian Pacific Railway and
now no longer required.
i
Ref. 122,360.
Certified Copy of a Report of a Committee of
the Honorable the Privy Council, approved
by His Excellency the Governor General in
Council, on the 15th July, 1886.
VI
The Committee advise that the required authority be granted.
(Signed,)
JOHN J. MoGEE,
Clerk, Privy Council.
To the Honorable
Tne Minister of the Interior. )
H
Mm^mM'^h ■/■
lit Ref. 137,058.
41
o*
&
S
V
GOVERNMENT HOUSE, OTTAWA,
Wednesday, the 5th day of January, 1887.
Present:
His Excellency the Governor General in Council.
Whereas the Minister of the Interior has reported with respect to the lands in
the vicinity of Port Moody Harbor, in the Province of British Columbia, that in
consequence of their position on and in the neighborhood of that harbor, and the
effect of the completion and operation of the Canadian Pacific Railway in developing
the trade and resources of this District, these lands are at present of much more than
ordinary valueand are daily becoming more valuable.
His Excellency in Council, under the provisions of the 4th Sub-section of the
11th Section of the Act 47 Victoria, Chapter 6, has been pleased to Order, and it is
hereby Ordered, that for the present all lands belonging to the Dominion Govern,
ment, lying within the undermentioned boundaries, excepting any parts thereof to
which squatters may establish claims under Sub-clause 1 of the agreement contained
in the Settlement Act of 1883, be and the same are hereby reserved from sale and
settlement, that is to say:—
Commencing on the shore of the North Arm of Burrard Inlet at the North-West
angle of Section Thirty, in Township number Thirty-nine, New Westminster District;
thence South along the Section lines to the South-West corner of the North-West
quarter of Section Nineteen; thence East along the quarter-section lines to the North-
East corner of the South-West quarter of Section Twenty-two; thence at right angles
South to the Northern boundary line of Lot 385, Group 1j thence West on the said
line to the North-West corner of said Lot 385; thence South along the lot lines to
the North-East corner of Lot 238, Group 1; thence West along the lot lines to the
South-West corner of Lot 191, Group 1; thence Northerly along the shore of Port
Moody Harbor to North-West corner of said Lot 191; thence following the sinuosities of the shore line of Port' Moody Harbor, Burrard Inlet, and the North Arm,
including Bed well Bay to the point of commencement, as more particularly shown by
y the sketch hereto annexed and thereon colored brown.
(Signed)
JOHN J. MoGEE,
Clerk, Privy Council.
1
Mi  Ref. 149,082 on 67,733 (No. 2).
Certified Copy of a Report of a Committee of the
j Honorable   the Privy Council, approved  by
Oj*)    His   Excellency   the   Governor   General  in
Council, on the 16th May, 1887.
r>\
cA'
*°"
1'
On a Memorandum dated 3rd May 1887, from the Minister of the Interior,
stating that by Order in Council of the 13th November 1883, the Hon. J. W. Trutch,
then acting as Commissioner of Dominion lands in British Columbia, was authorized,
in order to ascertain what lands within the railway belt in that Provinoe remainad
unalienated from the Crown and therefoie at the disposal of the Dominion •Government, to search the Provincial Lands Offioe records not only to disoover what lauds
within the belt were held by Crown Patent but to find out also what lands wore
claimed and held by pre emption right, to investigate and verify the inchoate^ titles
to such pre-emption claims, and to trace oat and determine the validity of all
existing claims to timber lands, mineral lands, &c, which might have been conoedod
or alleged to have been conceded by the Provincial Government; and he was
authorized to employ a person competent to direct this work, at a salary not to
exceed $3,000. per annum.
The Minister further states that in a letter dated 19th December, 1833, Mr.
Trutch reported to the Minister of the Interior, that pursuant to the auth >rization
he had received as hereinbefore stated, he had secured tho assistance of Mr. H. B.
W. Aikman, then Registrar of Titles for the Provinoe of British Columbia, at a
salary of $2,800 per annum.
The Minister is of opinion that it would be desirable, in the public interest, that
Mr. Aikman's appointment should be formally confirmed by Ordor in Council, and
he recommends accordingly that Mr. H. B. W. Aikman's appointment to the position
of Agent of Dominion Lands for the Provinoe of British Columbia at a salary of
$2,800 per annum, as made by the Hon. J. W. Trutch under the authority conferred
upon him in that behalf by the Order in Council of the 13th November 1883, be
confirmed, to date from the 21st December 1883.
The Committee submit the above recommendation for Your Excellency's
approval.
(Signed)       JOHN J. MoGEE,
Clerk, Privy Council.
To the Honorable
The Minister of the Interior.
I
11 I»      *■» Ref. 151,277 on 67,684.
Certified Copy of a Report of a Committee ol
the Honorable the Privy Council, approved
by His Excellency the Governor General in
Council on the 27th May, 1887.
«s>*
V
^
VJ*
^
On a report'dated 14th May, 1837, from the Ministor of the Interior, submitting
with reference to the boundaries of the Canadian Pacific Railway Belt in British
Columbia the following observations :—
Correspondence has been going on with the Honorable J. W. Trutch, Dominion
Government Agent for British Columbia, in regard to the location of the Western
Boundary of the Railway Belt, in that Province, the question having arisen as to
whether certain lands for which application was made were within or without the
limits of the Railway Belt.
The Settlement Aot of 1883 described the Railway Belt as follows :—
" The public lands along tbe line of the railway before mentioned wherever it
| may be finally located to a width of twenty tnile9 on oach side of sail line as provided in the Order in Council Section 11 admitting the Province of British
" Columbia into Confederation."
Although the location of the line has been completed ind the Railway constructed for some time, the boundaries of the Belt have not been determined by
demarcation on the ground and the Surveyor General in a rep >rt on the subject stales
that it would be a very difficult and expensive operation to determine them upon
lines exactly 20 miles from and following thj siau cities of the line of railway and if
they be not determined accurately serious difficulty is likely to arise in regard to the
administration of the lands in the Belt.
Tbe Surveyor General has, therefore, propose! a mode of describing the limits
of the said Belt, a copy of which description is hereto attached, by which the eaid
limits can be readily determined, and which will at the same time obviate the inconvenience of having irregular parcels of land on the borders of the Belt and simplify
the work of administration for both the Government of the Province and the
Dominion Government It further appears that the late Honorable W. Smithe,
Chief Commissioner of Lands and Works for British Columbia, authorized the Surveyor
General to say that be would accept a definition of tho boundary on the principle
proposed, subject of course to the approval of his colleagues and of the Provincial
Legislature.
In view, therefore, of the urgent necessity for an early and definite delineation
and demarcation of ihe Railway Belt in British Columbia and of the fact that according to the proposed mede of defining the said Belt its boundaries can be readily and
at a reasonable expense determined, and that the administration of the lands
will be greatly simplified thereby, the Minister is of opinion that the necessary steps
should be taken forthwith to obtain tho concurrence of the Government and Legisla
ture of British Columbia in the proposed mode of defining the limits of the said Belt
in accordance with the description herewith.
To the Honorable
The Minister of the Interior. The Minister recommends that a copy of this minute be transmitted to His
Honor the Lieutenant Governor of British Columbia for the purpose of being laid
before his Government.
The Minister further rcccmmends that the authority of Parliament be sought
during the present Session for the Governor in Council to enter into and make the
proposed arrangement with the Government of British Columbia.
The Committee concurring in the foregoing report advise that the Secretary of
State be authorized to communicate a copy of this minute, if approved, to the Lieutenant Governor of British Columbia to be laid before his Government.
(Signed)      JOHN J. MoGEE.
Clerk Privy Council. With P. C. No. 1056-1887; Ref. 151,277 on 67,681.
DESCRIPTION OP THE RAILWAY BELT IN BRITISH COLUMBIA.
Commencing at the intersection of the International Boundary with the waters
of Semiahmoo Bay, a branch of Boundary Bay an arm of the Pacific Ocean; thenoe
westerly and northerly following the shore of said Semiahmoo Bay and also of Mud
Bay, another branch of said Boundary Bay, to the easterly limit of a road known as
Mud Bay road; thenoe northerly following the said limit of said road to the southern
bank of the Fraser River; thence northerly to the point where the easterly limit of
the North road touches the North Bank of the Fraser River; thence northerly following the said limit of said North Road to the southerly shore of Burrard Inlet;
thence north-westerly to Pt. Roche being a point where the westerly shore of the
North Arm of Burrard Inlet joins the northerly shore of the main Arm of Burrard
Inlet; thence northerly following the westerly shore of the said North Arm of
Burrard Inlet to the most northerly part of the same; thence due north to the north
boundary of Township 7, Range 7, West of the 7th Initial Meridian according to the
Dominion Lands System of surveys adopted in the survey of the Railway Belt in
British Columbia ; thence easterly along the said boundary to its intersection with
the east Boundary of said Township 7, Range 7; thence southerly along the said east
boundary to its intersection with the north boundary of Township 6, Range 7;
thence easterly along the north boundaries of Townships 6 in Ranges 7, 6, 5 and 4 to
the intersection with the east boundary of said Township 6, Range 4; thence southerly along the said east boundary to its intersection with the south boundary of
Township 6, Range 3; thence easterly along the north boundaries of Townships 5 in
Ranges 3 and 2 to the intersection with the west boundary of Township 6,
Range 1; thence northerly along the said west boundary to its intersection
with the north boundary of said Township 6, Range 1; thence easterly along
the north boundaries of Township 6, Range 1, West of 7th Initial Meridian
and of Township 6, Range 30, West of 6th Initial Meridian, to the intersection with
the west boundary of Township 7, Range 29, West of 6th Initial Meridian; thenoe
northerly along the west boundaries of Townships 7, 8, 9, and 10 in Range 29, to
the intersection with the north boundary of said Township 10; thenoe westerly
along the south boundaries of Townships 11, in Ranges 29 and 30 to the intersection
with the 7th Initial Meridian; thence northerly along the said Initial Meridian
to its intersection with the north boundary of Township 14, Range 30; thence
easterly along the said north boundary to its intersection with the west boundary of
Township 15, Range 29, West of 6th Initial Meridian; thence northerly along the
west boundaries of Townships 15 and 16 in Range 29 to the intersection with the
north boundary of said Township 16; thence easterly along the said north boundary
to its intersection with the west boundary of Township 17, Range 28; thence north-
erly along the west boundaries of Townships 17 and 18 in Range 28 to the intersection with the north boundary of Township 18 Range 28; thence easterly along
the said north boundary to its intersection with tbe west boundary of Township 19,
Range 27; thence northerly along the west boundaries of Townships 19, 20 and 21,
in Range 27, to the intersection with the north boundary of said Township 21, Range
27; thence easterly along the said north boundary to its intersection with the west
boundary of Township 22, Range 26; thence northerly along the said west boundary
to its intersection with the north boundary of said Township 22, Range 26; thence
easterly along the said north boundary to its intersection with the west boundary
of Township 23, Range 25; thenoe northerly along the said wert boundary to
its intersection with the north boundary of said Township 23,  Range 25; thenoe easterly along the north boundaries of Townships 28, in Ranges 25 and 24 to the
ir tereeotion with the west boundary of Township 24, Range 23; thence northerly
along the eaid west boundary to its intersection with the north boundary of said
Township 24, Range 23; thence easterly along tbe north boundaries of Townships 24
in Ranges 23 and 22 to the intersection with the east boundary of said Township 24,
Range 22; thence southerly along the said east boundary to its intersection with the
north  boundary of  Township 23, Range 21;   thence easterly along the north
boundaries of Townships 23 in Ranges 21, 20, 19 and 18 to the intersection with the
east boundary of said township 23, Range 18;  thence southerly along the said east
boundary to its  intersection with the north boundary of Township 22, Ramge 18;
thence easterly along the north boundaries of Townships 22, in Ranges 18, 17 and 16
to the intersection with the west boundary of Township 23, Range 15—thence
northerly along the said west boundary to its intersection with the north boundary
of said Township 23, Range 15; thence easterly along the said north boundary to its
intersection with the west boundary of Township 24, Range 14;  thence northerly
along the *aid west boundary to its intersection with the north boundary of said
Township 24, Range 14; thence easterly along the north boundaries of Townships 24,
in Ranges 14 and 13,-to the intersection  with the west  boundary of Township 25
Range  12;  thence northerly along the said west boundary to its intersection  with
the north boundary of said Township 25, Range 12; thence easterly along the north
boundarieSgOf Townships 25 in Ranges 12, 11, and 10 to the intersection with the
east boundary of said Township 25, Range 10; thence southerly along the said east
boundary to its intersection with the north boundary of Township 24, Range 9;
thence easterly along the said north boundary to its intersection with the west boundary of Township 25, Range 8; thence northerly along the said west boundary to its
intersection with the north boundary of said Township 25 Range 8; thence easterly
along the said north boundary to its intersection with the west boundary of Township 26, Range 7; thenoe northerly along the said west boundary to its intersection
with the north boundary of said Township 26, Range 7; thence easterly along tbe
north boundaries of Townships 26 in Ranges 7, 6, 5, 4 and 3, to the intersection with
the west boundary of Township 27, Range 2; thence northerly along tho said west
boundary to its intersection with the north boundary of said Township 27, Range 2;
thence easterly along the north boundaries of Townships 27 in Ranges 2 and 1 to
the intersection with the 6th Initial Meridian;  thence northerly along the said
Initial Meridian to its intersection with the north boundary of Township 29, Range
29 West of the 5th Initial Meridian; thence easterly along the said north boundary
to its intersection with the west boundary of Township 30, Range 28;   thence
northerly al««ig the said west boundary to its intersection with the north boundary
of-said Township 30, Range 28; thence easterly along the said north boundary to its
intersection with the west boundary of Townshdp 31, Range 27; thence northerly
along the said west boundary to its intersection with the north boundary of said
Township 31, Range 27; thence easte rly along the said north boundary to its intersection with the west boundary of Township 32, Range 26 ; thence northerly along
the said west boundary to its intersection with the north boundary of said Township
32, Range 26; thence easterly along the north boundaries of Townships 32, in Ranges
26, 25, 24, 23 and 22 to the intersection with the east ^boundary of said Township 32
Range 22; thence southerly along the said east boundary to its intersection with the
north boundary of Township 31, Range 21;  thence easterly along the said north
boundary to its intersection with the east boundary of said Township 31, Range 21
thence   southerly   along   the  said   east   boundary   to   its    intersection    with
the   north  boundary of Township   30,   Range   21;   thenoe   easterly   along   the
north   boundaries    of    Townships   30,   in   Ranges   21,   20    19
and
'8
18   to the    intersection   with   the   eastern   boundary   of   the   Province   of   British
Columbia;    thence   south-easterly    following    the   said   Provincial   Boundary
to   its   intersection   with    the    south   boundary   of   Township   22, Range 12,
West of the 5th Initial Meridian; thenoe westerly along the south boundaries of
Townships 22, in Ranges 12 and 13 to the intersection with the west boundary of
Township 22, Range 13; thence northerly along the said west boundary to its intersection with the south boundary of Township 23, Range 13; thence westerly along
the south boundaries of Townships 23 in Ranges 13 and 14, to the intersection' with
the west boundary of Township 23 Range 14; thence northerly along the said west
boundary to its intersection  with the south boundary of Township 24 Range 15 ;
thence westerly along the south boundaries of Townships 24 in Ranges 15, 16 and &
to the intersection with the east boundary of Township 23, Range 18; thence southerly along the said east boundary to its intersection wilh the south boundary of said
Township 23, Range 18; thence westerly along the south boundaries of Townships
23 in Ranges 18, 19 and 20, to the intersection with tiie west boundary of Township
23, Range 20; thence northerly along the said west boundary to its intersection with
the south boundary of Township 24, Range 21; thence westerly along the south
boundaries of Townships 24 in Ranges 21, 22, 23 and 24, to the intersection with the
east boundary of Township 23, Range 25; thence southerly along the said east
boundary to its intersection with the south boundary of said Township 23, Range 25;
thence westerly along the south boundaries of Townships 23 in Ranges 25 and 26, to
the intersection with the east boundary of Township 22, Range 27; thence southerly
along the said east boundary to its intersection with the south boundary of said
Township 22, Range 27; thenoe westerly along the said south boundary to its intersection with the east boundary of Township 21, Range 28; thence southerly along
the said east boundary to its intersection with the south boundary of said Township   21,   Range   28;  thence  westerly   along  the   south   boundaries   of Townships 21 in Ranges 28 and 29, to the intersection with the 6th Initial Meridian;
thenoe southerly along the said 6th Initial Meridian to its intersection with  the
south boundary of Township 20, Range 1 West of tbe 6th Initial Meridian; thence
westerly along the south boundaries of Townships 20 in Ranges 1, 2, 3, 4 and 5 to
the intersection with the east boundary of Township 19, Range 6; thence southerly
along the said east boundary to its intersection with the south boundary of said
Township 19, Range 6; thence westerly along the said south boundary to its intersection with the east boundary of Township 18, Range 7; thence southerly along the
said east boundary to its intersection with the south boundary of said Township 18,
Range 7; thenoe westerly along the south boundaries of Townships 18, in Ranges 7
and 8 to the intersection with the east boundary of Township 17, Range 9; thence
southerly along the said east boundary to its intersection with the south boundary of
said Township 17, Range 9; thence westerly along the south boundaries of Townships 17 in Ranges 9, 10,11, 12 and 13 to the intersection with the east boundary of
Township 16, Range 14; thence southerly along the said east boundary to its intersection with the south boundary of said Township 16, Range 14; thence westerly
along the said south boundary to its intersection with the west boundary of said
Township 16, Range 14; thence northerly along the said west boundary to its intersection with the south boundary of Township 17, Range 15; thence westerly along
the south boundaries of Townships 17 in Ranges 15, 16, 17, 18, 19, 20 and 21 to the
intersection with the east boundary of Township 16, Range 22; thence southerly
along the east boundaries of Townships 16 and 15, in Range 22, to the intersection
with the south boundary of said Township 15,  Range 22; thence westerly along
the said south boundary to its intersection with the east boundary of Township
14, Range 23; thence southerly along the east boundaries of Townships 14, 13, 12,
and 11, in Range 23 to the intersection with the north boundary of Township
I
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II
iff ■Bsaarjn^
Ml
10, Range 23; thenoe easterly along the said north boundary to its intersection   with   the   east   boundary   of   said   Township   10,   Range   23 ;    thence
southerly along   the   east  boundaries of Townships 10, 9,  8 and 7 in Range
23, to the intersection with   the   north   boundary   of   Township   6, Range 23
thence easterly along the said north   boundary to its intersection with the east
boundary of said Township 6, Range 23;   thence  southerly along the east boun"
daries of Townships 6, 5 and 4 in Range 23 to the intersection with the south
boundary of said Township 4, Range 23; thence westerly along the said south boundary to its intersection with the east boundary of Township 3, Range 24; thence
southerly along the said east boundary to its intersection with the south boundary
of said Township 3, Range 24; thence westerly along the said south boundary to
its intersection with tho east boundary of Township 2, Range 25;  thence southerly
along the said east boundary to its intersection with the south boundary of said
Township 2, Range 25; thence westerly along the said south boundary to its
intersection with the east boundary of Township 1, Range 26; thenoe southerly
along the said east boundary to its intersection with the International Boundary Line
between Canada and the United States; thenoe westerly along the said International Boundary Line to the place of beginning.
The foregoing description is made in accordance with the annexed map entitled
I Map shewing the proposed Change of Boundary of the Railway Belt in British Columbia." P. C. No. 1877.
Ref. 158,090 on 88,015
GOVERNMENT HOUSE, OTTAWA,
Saturday, 17th day of September, 1887.
Present:
HIS  EXCELLENCY THE GOVERNOR GENERAL IN COUNCIL.
On the recommendation of the Minister of the Interior and under the provisions
of the 4th Sub-Section of the 1st Section of Chapter 56 of the Revised Statutes of
Memo of Changes.      Canada, intituled "An Act respecting certain Public Lands in British Columbia."
His Excellency in Council has been pleased to Order and it is hereby ordered
that the following Regulations for the survey, administration and disposal of
Regulations.
2230
Dominion Lands within the forty-mile Railway Belt, in the Province of British
Columbia, replacing the Regulations for the dame purpose adopted by Order in
Council dated 20th April, 1885, and amended by Orders in Council dated 16th
I
July, 1885, and 12th April, 1886, respectively, which expired on the 1st July last,
be and the same are hereby approved and adopted.
(Signed)       JOHN  J.  McGEE,
Clerk, Privy Council.
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>*' With P. C. No. 1877—1887; Ref. 158,090 on 88,015.
Memorandum of proposed changes in the Regulations affecting Public Lands in
the Rail-way Belt in the Province of British Columbia.
The recital of various clauses of the Dominion Lands Act, which are applicable to Lands in the Railway Belt in British Columbia, has been regarded as
unnecessary and as cumbering the Regulations, and it is therefore simply provided
that the clauses in question shall, be so applicable.
Sub-clause 4 of clause 9 is new. It reserves, until the roads provided for
by the Regulations have been defined and constructed, a right of way to or from
any settler's holding to or from any public road or trail, over any granted or
leased lands.
There is a slight change in clause 13, the effect of which is to prevent any
owner of more than 160 acres of land in the Railway Belt from obtaining: a home-
stead entry in the Belt. The area of agricultural land within the Belt is comparatively limited; those who are already settlers and land owners there, are,
as a rule, extensive land holders, having had ample opportunity of obtaining,
under the Provincial laws, all the land they require for cultivation at a low price.
Sub-clauses 4, 5, 6 and 7 of clause 13 are new, and are intended to facilitate
the settlement of timbered lands, which would not otherwise be open for homestead entry. These provisions are copied from the Timber Regulations of the
Province of Ontario, and the object is, while permitting such lands as contain
merchantable timber to be taken up and cleared for agricultural purposes, to
prevent persons who merely desire to obtain the timber, from getting possession
of land under cover of a homestead entry, stripping the lands of its timber without paying any dues, and then leaving the land much less valuable, for all practical purposes, than if it had remained in its natural state—in other words, neither
producing revenue nor actual settlement.
Sub-clause 4 of clause 18 is, in effect, the amendment made to the Dominion
Lands Act during the Session of 1886, which it is proposed thus to make applicable to homesteads in the Railway-Belt in British Columbia. Under this provision, the homesteader is enabled to hold his land for the first two years after
entry, by cultivating a certain number of acres of it, but during the three years next
thereafter, he must reside upon as well as cultivate it.
Clause 23 is all new, and its various provisions are designed to encourage
the culture of fruit; the conditions upon which legal sub-divisions of sections,
not, however, to exceed 160 acres in all, may be obtained for that purpose, being
fully stated.
Four new schedules, and a re-arrangement of the former schedules, become
necessary on account of the proposed amendments.
f ; '
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m With P. C. No. 1877—1887; Ref. 158,090 on 88,011
!
REGULATIONS
FOR THE
DISPOSAL OF DOMINION LANDS
WITHIN THE RAILWAY BELT
IN THE
PROVINOE OF BRITISH COLUMBIA
Under the authority of Sub-section 4 of Section 1 , Chapter 56 of the Revised
Fj Statutes of Canada.
4125—2 ^
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^ I
TABLE OF CONTENTS.
PAGE.
Preliminary Interpretation  9
Department of the Interior to have control of Dominion Lands in British
Columbia  9
Method of laying off Lands (Surveys)  9
Ordinary Sale of Lands  11
Town Plots, &c  11
Homestead Rights  11
Homestead Entries and Sales affecting Timbered Lands  12
Fruit Culture  15
Grazing Lands  16
Mining and Mining Lands  16
Ditches I  16
Timber Licenses<  16'
Liability of persons cutting Timber without authority  18
Slides, &c  19
Assignments  19
Township Plans and Patent Lists  20
General Provisions  20*
Surveys and Surveyors  21'
Tariff of Fees  21.
Schedule of Forms  21.. sr
;W 1
BEGULATIONS
For the disposal of Dominion Lands within the Railway Belt in the Province
of British Columbia.
Preliminary Interpretation.
1. These Regulations shall apply exclusively to the public lands of the
Dominion, within what is known as the Railway Belt, in the Province of British
Columbia, which lands shall be styled and known as Dominion Lands; and the
following terms and expressions therein shall be held to have the meaning hereinafter assigned them, unless such meaning be repugnant to the subject or inconsistent with the context; that is to say:—
2. The term Minister of the Interior means the Minister of the Interior of
Canada;
3. The term Surveyor-General means the officer of the Department of the
Interior bearing that designation, or the chief clerk performing his duties for
the time being;
4. The term Agent or Officer means any person or officer employed in connection with the administration and management, sale or settlement of Dominion
Lands; and the term Local Agent means the agent for Dominion Lands employed
as aforesaid, with respect to the lands in question; and the term Land Office means
the office of any such agent;
5. The term Dominion Lands Surveyor means a surveyor duly authorized,
under the provisions of the Dominion Lands Act, to survey Dominion Lands;
6. The term Crown Timber Agent means the local officer appointed to collect
dues and to perform such other duties as may be assigned to such officer, in respect to the timber on Dominion Lands
7. The term Clause means a section of these Regulations distinguished by
a separate number; and' the term Sub-Clause means a sub-division of any clause
distinguished by a separate number or letter, in smaller type;
8. The term Canada Gazette means the official Gazette of the Government
published at Ottawa.
9. The term British Columbia Gazette means the official Gazette of the Government of British Columbia, published at Victoria.
Department of the Interior.
2. The Department of the Minister of the Interior shall be charged with
the administration and management of the Dominion lands.
2. Under the authority of the Act 49 Vic, Cap. 56, Consolidated Statutes
of Canada, 1886, the powers and authorities of the Dominion Land Board and
of the officers thereof are hereby extended to the Public Lands of Canada m
British Columbia:
3. The provisions of clause 7 with ttie sub-clause thereof, and clauses 52,
53, 54, 55, 56, 57, 58, 78, 93 and 94 of the Act 49 Vic, Cap 54, Consolidated
Statutes of Canada, 1886, shall apply to the Public Lands of Canada m BrttisU
Columbia.
Surveys.
3. The Dominion lands in British Columbia shall he laid off, so far as practi-
able fe quadrilateral townships, each eoataining thirty-s** sedans & as nearly
one m|le square as the convergence of meridians permits, together with an allowance of twelve acres in each section for road pur-poses:
4125—3 ill
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10
2. The sections shall be bounded and numbered as shown by the following
diagram:—
N
31
32
33
34
35
36
	
	
-—
30
29
28
27
26
25
	
	
	
	
19
20
21
22
23
24
*
18
17
16
15
14
13
7
8
9
10
11
12
6
5
4
3
2
1
E
4. The lines bounding sections on the east and west sides shall be meridians ;
and those on the north and south sides shall be chords to parallels of latitude.
5. Each section shall be divided into quarter-sections of one hundred and
sixty acres, more or less, together with an allowance for roads of three acres in
each, subject to the provisions hereinafter made.
«>. In the survey of a township, the deficiency or surplus resulting from
convergence of meridians shall be divided equally between all the quarter-sections
involved, and the north and south error in closing on the correction fines from
the north or south shall be allowed in the ranges of quarter-sections adjoining,
and north or south respectively of the said correction lines.
7. The dimensions and areas of irregular quarter-sections shall in all cases
be returned by the surveyor at their actual measurements and contents.
8. To facilitate the description for letters patent of less than a quarter-
section, every section shall be supposed to be divided into quarter-quarter-sections,
or forty and three-quarters acres, and such quarter-quarter-sections shall be
numbered as shown in the following diagram, which is intended to show such
sub-divisions of a section, which shall be styled legal sub-divisions:—
W
N
•
13
14
15
16
12
	
5
4
11
10
9
8
1
6
7
Q
O
2
E.
S.
2. The area of any legal sub-division, as above set forth, shall, in letters
patent, be held- to be more or less, and shall in each case be represented by the
exact quantity as given to such sub-division in the original survey.
2>. The Governor in Council may order the survey by a Dominion Land
Surveyor of such public highvrays as he may deem expedient, through any lands
subject to these Regulations.
2. On the approval of the survey of a public highway, the fact shall be notified
to the Lieutenant-Governor of British Columbia by the Minister of the Interior,
and, by virtue of such notification, such public highway shall become the property
of the said Province, the legal title thereto remaining in the Crown for the public
use of the Province; but no such road shall be closed up or its direction varied,
or any part of the land occupied by it sold or otherwise alienated, without the
consent of the Governor General in Council.
3. The Governor in Council may authorize any nerson to locate and build
public highways or to build public highways located in accordance with clause
nine of these Regulations.
4. In the meantime, and until any such road shall have been located and
constructed, a convenient right of way not exceeding 66 feet in width over any
such land is hereby reserved for the use and convenience of settlers and land
holders in passing, from time to time,-to and from their locations or lands to
and from any now existing public road or trail: Provided always that such settler or land owner making use of the aforesaid privilege shall not damage the
fences or crops of the occupier of any such located, sold or leased land
5. Every patent issued for lands subject to these Regulations shall contain
a provision reserving to the Governor in Council the power to order the survey
through such lands by a Dominion Land Surveyor of such public highways as he 11
may deem expe
ient, and for that
purpose to take any existing road, and any
requisite area of land, whether the area of the roads and lands so taken be or be
not in excess of the allowance for roads in any section, quarter-section or legal
sub-division; also to enter upon such lands and"take therefrom any gravel, stone,
timber, or other material required for the construction of such highway or any
bridge connected therewith; and also to enter upon any such land for the purpose
of cutting any drains necessary for the building of such highway.
Ordinary Sale of Lands.
IO. Dominion lands, as the surveys thereof are duly made and confirmed,
shall, except as otherwise hereinafter provided, be open for homesteading and
purchase at such prices and on such terms and conditions as may be fixed from
time to time by the Governor in Council: Provided, that no purchase shall be
permitted at a less price than two dollars and fifty cents per acre: Provided also,
that, except in special cases where otherwise ordered by the Governor in Council,
no sale to one person shall exceed a section, or six hundred and forty acres:
2. And provided also, that, whenever so ordered by the Minister, such unoccupied lands as may be deemed by him expedient, from time to time, may be
withdrawn from ordinary sale and settlement, and sold at public auction or tender
to the highest bidder—an upset price being fixed for the same:
3. Provided further, that any legal sub-division or other portion of Dominion
lands which may be deemed by the Minister of the Interior of special value, may
be reserved from ordinary sale and be disposed of in such manner and on such
terms and conditions as may be fixed by the Governor in Council on the report
of the Minister of the Interior.
Town Plots, &c.
11. The Minister of the Interior shall have power to withdraw from sale or
homestead entry any tract or tracts of land, and to lay the same out into town or
village lots, the lots so laid out to be sold, either by private sale and for such price
as he may see fit, or at public auction or tender, an upset price being fixed for the
same:
2. The Governor in Council may set apart and appropriate such Dominion
lands as he may deem expedient for the sites of market places, gaols, court houses,
places of public worship, burying grounds, schools, benevolent institutions,
squares, and for other like public purposes, and at any time before the issue of letters
patent therefor may alter or revoke such appropriation, as he deems expedient;
and he may make free grants for the purposes aforesaid of the lands so appropriated
—the trusts and uses to which they are to be subject being expressed in the
letters patent.
12. The provisions of clauses numbered thirteen to twenty-three of these
Regulations, both inclusive, shall not apply to lands settled upon after the first
day of July, one thousand eight hundred and eighty-eight.
Homestead Rights.
IS. Any person, male or female, who is the sole head of a family, or any
male who has attained the age of eighteen years, who has not heretofore had a
homestead on Dominion Lands in British Columbia, Manitoba or the North-West
Territories, or does not hold or own by pre-emption record or otherwise, under
the laws of the Province of British Columbia, more than one hundred and sixty
acres of land within the Railway Belt in the said Province, shall, on making
application in the form A in the schedule to these Regulations, be entitled to
obtain homestead entry for any quantity of land not exceeding one quarter-
section, and being of the class of land open under the provisions of these Regulations to homestead entry.
2. The entry for a homestead shall entitle the recipient to take, occupy and
cultivate the land entered for, and hold possession of the same to the exclusion
of any other person or persons whomsoever, and to bring and maintain actions
for trespass committed on the said land, the same as if a patent therefor had
issued in his favour; the title to the land shall remain in the Crown until the
issue of the patent therefor, and the said land shall not be liable to be taken in
execution before the issue of the patent; 12
3 The privilege of homestead entry shall only apply to surveyed agricultural lands; no person shall be entitled to such entry, for land valuable for its
timber or for hay land, or for land on which there is a stone or marble quarry,
or coal or other mineral having commercial value, or whereon there is any water
power which may serve to drive machinery, or for land which by reason of its
position, such as being the shore of an important harbour, bridge site or canal
site, or being either an actual or prospective railway terminus or station, it will
be in the public interest to withhold from such entry.
Homestead Entries and Sales affecting Timbered Lands.
II
I
4. All merchantable timber growing or being upon
tny land entered or sold
within the limits of Dominion lands in British Columbia, and all gold, silver,
copper, lead, iron, petroleum, coal or other mines or minerals shall be considered
as reserved from the said land, and shall be the property of Her Majesty, except
that the homesteader or purchaser, or those claiming under him, may cut and use
such merchantable timber as may be necessary for the purpose of building, fencing
or road-making, on the land so entered or sold, and may also, under the authority
of the Crown Timber Agent, cut and dispose of all timber required to be removed
in the actual clearing of the said land for cultivation, but no merchantable timber
(except for the necessary building, fencing or road-making as aforesaid) shall
be cut beyond the limit of such actual clearing; and all merchantable timber
cut in the process of clearing, and disposed of, shall be subject to the payment
of the same dues as are at the time payable by the holders of licenses to cut timber;
5. The patents for all lands, hereafter entered or sold as aforesaid, shall
contain a reservation of all merchantable timber growing or being on the said
lands, which merchantable timber shall continue to be the property of Her Majesty;
and any person or persons now or hereafter holding a license to cut timber on
such land, may at all times during the continuance of such license enter upon
the uncleared portion of such lands, and cut and remove such timber, and make
all necessary roads or water-ways for that purpose, and for the purpose of hauling
in supplies, doing no unnecessary damage thereby; but the patentees or those
claiming under them may cut and use such timber as may be necessary for the
purpose of building, fencing or road-making on the lands so patented, and may
also, under the authority of the Crown Timber Agent, cut and dispose of such
timber required to be removed in actually clearing the said land for cultivation,
bu,t no merchantable timber (except for the necessary building, fencing or road-
making as aforesaid) shall be cut beyond the limit of such actual clearing; and
all merchantable timber so cut and disposed of shall be subject to the payment
of the same dues as are at the time payable by the holders of licenses to cut timber;
6. Holders of timber licenses, their servants and agents, shall have
the right to haul their timber over the uncleared portion of any land entered as
a homestead or purchased as hereinbefore provided, and to make such roads or
water-ways thereon as may be necessary for that purpose, doing no unnecessary
damage, and to use all slides, portages, roads, water-ways or other works previously
constructed or existing on any land so entered, sold or leased, and the right of
access to, and free use of all streams and lakes heretofore used, or that may be
necessary for the passage of timber; and all land necessary for such work is hereby
7. All merchantable timber growing or being upon any land hereafter entered
as a homestead or sold under these Regulations, shall be subject to any timber
license in force at the time of such entry or sale, and may, at any time during the
currency of any license or licenses to be issued during such period, be cut and
_rjenaaved-trnder the'authority thereof^
14. Whenever the survey of any township has been finally confirmed and
such township opened for homestead entry, any person who has bona fide settled
and made improvements before such confirmed survey on land in such township,
shall have a prior right to obtain homestead entry for the land so settled on, provided such right be exercised within three months after the land is opened for
settlement; and provided that such land has not been reserved or the right to
homestead entry is not excepted under the provisions of these Regulations; no
homestead entry shall be granted to any other person in respect of such land
until three months after notice in writing shall have been given by the local agent
to such bona fide settler that such land is open for settlement.
- W; Every person applying for homestead entry shall appear and make
affidavit before the local agent or, in his absence, the senior clerk p^oonmg
his duties, according to the form B, C, or D, in the schedule to these Regulations!
as the circumstances require; and upon filing such affidavit with the said local 13
agent or senior clerk, and on payment to him of an office fee of ten dollars, such
person shall receive a receipt from the said local agent or senior clerk according
to the form J in the schedule to these Regulations; and such receipt shall be
a certificate of entry, and shall be authority to the person obtaining it to take
possession of the land described in it:
2. The Minister of the Interior or the Dominion Lands Board, upon requisition, may authorize any person named therein to make a homestead entry on
behalf of any person signing such requisition and desiring to obtain such entry:
3. The person so authorized shall, in order to obtain such entry, make application in the form E in the schedule to these Regulations, on behalf of each of
those whom he represents, and shall make an affidavit before the local agent
or, in his absence, the senior clerk performing his duties, according to form F.,
G. or H. in the schedule to these Regulations, as the circumstances of the case
require, and shall pay for each homestead entry the office fee of ten dollars hereinbefore prescribed for such entry, and shall receive for each fee so paid a receipt
in the form J. in the schedule hereto;
4. Persons occuyping land owned by them may obtain homestead entry for
any contiguous land open to the same; but the whole extent of land, including
that previously owned and occupied, must not exceed one quarter-section;
5. A person applying for such entry for contiguous land must, when making
the affidavit prescribed for homestead entry, also describe therein the tract he
owns and lives upon; and his residence upon and cultivation of the whole shall
thereafter be of the kind and for the term required by the provisions of these
Regulations, in the case of ordinary homestead entry, before he shall be entitled
to patent for the part so entered for: Provided, that such residence and cultivation
may be upon either the land originally occupied by him or that for which home-
. stead entry has been obtained, or both.
16. In case a dispute arises between persons claiming the right to homestead
entry for the same land, the local agent, or senior clerk, or any person thereto
authorized by the Minister of the Interior, shall make investigation and obtain
evidence respecting the facts, and his report thereon, together with the evidence
taken, shall be referred to the Minister of the Interior for decision, or to the
Dominion Lands Board, Commissioner of Dominion Lands, or such person as may
be appointed by the Governor in Council to consider and decide in cases of such
disputes;
2. Provided that when two or more persons have settled upon and seek to
obtain homestead entry for the same land, the one who settled first thereon and
has continued to reside upon and cultivate the land for which homestead entry
is sought shall be entitled to such entry if the land be of the class open to homestead entry, and if it be not in the opinion of the Minister of the Interior otherwise
inexpedient, in the public interest, to entertain any application therefor;
3. Provided further, that where contending parties have valuable improvements on the lands in dispute, the Minister of the Interior, if the application to
acquire the lamd by homestead entry is entertained by him, may order a division
thereof in such manner as shall preserve to each of them, as far as practicable,
his improvements; and the Minister may, at his discretion, direct that what the
land so allotted to each of them may be deficient of a quarter-section shall be
made up from unoccupied land adjoining, if there be any such of the class open
to homestead entry.
17. Any person who has obtained a homestead entry shall be allowed a
period of six months from its date within which to perfect the entry, by taking
in his own person possession of the land and beginning continuous residence
thereon and cultivation thereof; and if the entry be not perfected within that period
it shall be void, and the land shall be open to entry by another person, or to other
disposition under these Regulations by the Minister of the Interior;
2. Provided further, that in the case of immigrants from elsewhere than the
North American Continent, the Governor in Council may extend the time for the
perfecting of entry to twelve months from the date thereof.
18. At the expiration of three years from the date of his perfecting his homestead entry, the settler, or in case of his death, his legal representatives, upon
proving to the satisfaction of the local agent that he, or they, or some of them,
have resided upon and cultivated the land during the said term of three years,
shall be entitled to a patent for the land, provided such proof is accepted by the
Commissioner of Dominion Lands, or in his absence by a member of the Land
Board, and on payment of one dollar per acre for the land: Provided also, that
the patent therefor shall not issue to any person not then a subject of Her Majesty
by birth or naturalization:
2: Provided, that in the case of a settler who may have obtained homestead
entry for land occupied by him previous to survey thereof, in manner hereinbefore
4125—4
: 1 14
mentioned, residence upon and cultivation of the land for the three years next
preceding the application for patent shall, for the purpose of the issue of patent,
be held to be equivalent to that prescribed in the foregoing clause, if such residence
and cultivation be otherwise in conformity with the provisions of these Regulations; , u
3. Any person proving that he has resided on the land tor which he has
homestead entry for twelve months from the date of his perfecting his entry there^
for, and that he has brought under cultivation at least thirty acres thereof, may,
before the expiration of the three years defined in subclause two of this clause,
obtain a patent by paying two dollars and fifty cents per acre for the land;
4. Any person claiming a patent under a homestead entry shall also be
entitled thereto upon making payment therefor at the rate of one dollar per acre
and proving to the satisfaction of the Commissioner of Dominon Lands or the
Dominion Lands Board,—
(a.) That he perfected his homestead entry by commencing the cultivation
of the homestead within six months from the date of his homestead entry;
(6.) That within the first year after the date of his homestead entry he broke
and prepared for crop not less than five acres of his homestead quarter-section;
or if the land affected by his homestead entry be timber land, then in lieu of
breaking and preparing for crop five acres he may substitute therefor the clearing
and fencing of three acres";
(c.) That within the second year he cropped the said five acres, and broke
and prepared for crop not less than ten acres in addition, making not less than
fifteen acres in all; or if the land affected by his homestead entry be timber land,
in lieu of cropping five acres and breaking and preparing for crop ten acres additional, he may substitute therefor cropping the three acres broken the previous
year and clearing and fencing five acres in addition, making in aU eight acres
cleared and fenced, three of which shall also be cropped ;
(d.) That he has erected a habitable house upon his homestead before the
expiration of the second year after his homestead entry, and has bona fide resided
therein and has cultivated the land for three years next prior to the date of his
application for his patent;
(e.) That at the commencement of the third year after the date of his homestead entry, or previously, he commenced the residence on his homestead required
by the next preceding paragraph of this sub-clause;
5. Proof of the residence and improvements required by this clause shall
be made by the claimant by affidavit, and shall be corroborated by the evidence
on oath of two disinterested witnesses, resident in the vicinity of the land affected
by their evidence, and accepted as sufficient by the Commissioner of Dominion
Lands or in his absence by a member of the Land Board; such affidavit shall be
sworn and such testimony given before the local agent or, in his absence, the
senior clerk performing* his duties, or some other person named for that purpose
by the Minister of the Interior.
19. Every person who has obtained a homestead entry, and *who proposes
to apply for a patent for such homestead, shall give six months' notice in writing
to the Agent of Dominion Lands of his intention to make such application, and
shall produce evidence to the officer who is authorized to receive the application,
that such notice has been duly given.
2©. In case it is proved to the satisfaction of the Minister of the Interior
that a settler has not resided upon and cultivated his homestead, except as herein
provided, for at least six months in any one year, or has failed to cultivate and
crop the said land during the first two years after obtaining entry therefor, or
to erect a habitable house before the expiration of the second year after such
entry, and to bona fide reside therein and cultivate the land for three years next
prior to the date of his application for patent, or has made any false statement
in the affidavit in support of his application for entry, or if he fails, within the time
provided for in these Regulations, to apply for a patent for his homestead, and to
pay for the said homestead the price specified in these Regulations, the right to
the land shall be forfeited and the entry therefor shall be cancelled, and the settler
so forfeiting his entry shall not be eligible to obtain another entry except in special
cases in the discretion of the Minister of the Interior.
2. Provided, that in the case of illness, vouched for by sufficient evidence,
or in the cases of immigrants requiring to return to their native land to bring
out their families to their homesteads, or in other special cases, the Minister of'
the Interior may, in his discretion, grant an extension of time,' during which a
settler may be absent from his homestead without prejudice to his right therein;
but the extension of time so granted shall not count as residence.
21. A homestead, the entry of which has been cancelled may at the discretion of the Minister, be held for homestead entry by another person' on such terms m
15
and conditions as the Minister of the Interior may prescribe, or for sale of the land
with the improvements, if any, or of the improvements alone in connection with
homesead entry thereof, to another person.
22. Any assignment or transfer of homestead right or any part thereof,
and any agreement to assign or transfer any homestead right or any part thereof
after patent shall have been obtained, made or entered into before the issue of
the patent, shall be null and void; and the person so assigning or transferring or
making an agreement to assign or transfer shall forfeit his homesetad right and
shall not be permitted to make another homestead entry: Provided, that a person
whose homestead may have been recommended for patent by the local agent or
senior clerk and who has received from such agent or clerk a certificate to that
effect in the form K., in the schedule to these Regulations, countersigned by the
Commissioner of Dominion Lands, or in his absence any member of the Dominion
Lands Board, may legally dispose of and convey, assign or transfer his right and
title therein.
Fruit Culture.
23. Any person eligible under these Regulations to obtain a homestead
entry may, for fruit-growing purposes, upon payment of a fee of ten dollars, and
upon making application therefor to the Local Agent in the form L., in the schedule
hereto, obtain entry for any area not in excess of one quarter-section of Dominion
Lands of the class open for homestead entry under these Regulations, upon the
following terms and conditions:—
(a.) For each legal subdivision included in the land entered, the applicant
shall, during the first year after the date of entry, clear at least four acres and
plant the same in fruit trees, bushes, plants or vines, to the number prescribed
in these Regulations;
(6.) During the second year he shall clear and plant three acres additional;
and any trees, plants or vines planted the preceding year which may have died
shall be replaced;
(c.) During the third year he shall clear three acres additional, planting the
same as in the first and second years, and replacing any trees, shrubs, plants or
vines planted during the first and second years which may have died;
(d.) At the end of the third year he shall have ten acres cleared and planted
with fruit trees, bushes or vines;
(e.) Provided that the clearing and planting herein provided for may be
made upon any portion of the land entered for;
(/.) The fruit trees, bushes or vines to be planted by the applicant as herein
provided, shall be in the. proportion set forth in the following table, according
to the variety or varieties planted:—
Kind. Distance Apart. No. per Acre.
Apple trees, standards  33 feet. 40
Pear         "            I         20 " 110
Peach      |            i         15 " 200
Plum       B            I         15 " 200
Cherry     "             E         20 " 110
Currant bushes  4 " x   6 feet.     1,815
Gooseberry bushes  4 " x   6     g        1,815
Grapes  10 1 x 12     |           364
Raspberries  3 ! x   6     i        2,425
Strawberries  1 " x   4     "      10,900
(g). At the expiration of five years from the date of his entry, the applicant,
or in case of his death, his legal representative; upon proving to the satisfaction
of the Local Agent, or in his absence the senior clerk performing his duties, that
there are then growing upon the land and in healthy condition, the number of
trees, bushes, plants or vines, as the case may be, prescribed by these Regulations, shall be entitled to a patent for the land upon payment therefor at the
rate of one dollar per acre, provided such proof is accepted by the Commissioner
of Dominion Lands, or in his absence by a member of the Land Board; but such
patent shall not issue to any person who is not a subject of Her Majesty by birth
or naturalization: .
(h) If any person having an entry for land for purposes of fruit culture
fails to comply with any of the conditions in respect thereof prescnbed by these
Re<nilations, his entry therefor shall be forfeited and cancelled, and he shall have
no "claim to'the land whatever, except in special cases, in the discretion of the
Minister of the Interior. 1
16
Grazing Lands.
24. The Governor in Council may, from time to time, grant leases of unoccupied Dominion lands for grazing purposes to any person or persons, for such
term of years and at such rent in each case, as may be deemed expedient; and
every such lease shall contain a condition by which the Governor m Council may
authorize the Minister of the Interior, at any time during the term of the lease,
to give the lessee notice of cancellation thereof; and at the end of two years from
the service of such notice such lease shall cease and determine.
Mining and Mining Lands.
25. Lands containing coal or other minerals, whether in surveyed or un-
surveyed territory, may be disposed of in such manner and on such terms and
conditions as may, from time to time, be fixed by the Governor in Council by
Regulations to be made in that behalf.
26. It is hereby declared that no grant from the Crown of lands in freehold,
or for any less estate, has operated or will operate as a conveyance of the minerals
therein, unless the same are expressly conveyed in such grant.
Ditches.
27. The provisions of the Mining Regulations having reference to the di-
verson and use of the water from any stream or lake, and the rights of way necessary for the construction of flumes and ditches to convey such water, shall apply
to the diversion and use of the water from any stream or lake, and the rights of
way necessary to the conveyance thereof in respect of the irrigation of agricultural lands.
Timber Licenses.
\
28- The provisions of the Act of the Legislature of British Columbia, 47
Vic, chap. 32, intituled: "An Act relating to the cutting of timber upon Provincial lands and for the purpose of deriving a revenue therefrom," shall govern
the mode of disposal and the rents, royalties, dues and charges upon the timber
lands in the Railway Belt in British Columbia lying south 49° 34" north latitude
and west of the 121° of longitude west of Greenwich, but the said Act of the Legi-
lature of British Columbia, in so far as it applies to the lands in the Railway Belt
lying south of 49° 34" north latitude and west of the 121° of longitude west of
Greenwich shall be administered by the Minister of the Interior of Canada, and
the rents, royalties, dues and other charges to be made and collected upon or in
respect of the said timber lands shall be paid to the credit of the Receiver-General
of Canada; and the enactments and provisions in the twenty-two next following
clauses shall be limited in their effect to the Dominion lands in the Railway Belt
in British Columbia, lying north and east of the tract hereinbefore described, as
far as the height of land forming the water-shed between the basin of the Shuswap
lakes and the Thompson river on the west, and the basin of the Columbia river
on the east; and in regard to the timbered lands within the Railway Belt in
British Columbia lying east of the said height of land, the provisions of the Dominion Lands Act, 1883, and the Regulations thereunder made from time to time
by the Governor in Council, shall apply:
(a.) The word "timber" shall mean all wood and the products thereof.
29. It shall be unlawful for any person, without a license in that behalf,
to be granted as hereinafter mentioned, to cut, fell or carry away any trees or
timber upon or from any Dominion lands.
30. Every person who shall violate the provisions of the preceding section
shall, for the first offence, be liable to a penalty of two hundred and fifty dollars,
and in default of immediate payment to imprisonment for three calendar months'
and, for a second conviction, to both a fine of two hundred and fifty dollars and
imprisonment for three calendar months.
31. Any person desirous of cutting or felling and carrying away trees or
timber from Dominion lands may obtain a license to that effect upon proving 17
to the satisfaction of the Minister of the Interior that he has complied with the
following provisions, such proof to be made by affidavit in the Form P. in the
schedule hereto:—-
(a) He shall apply in writing to the Minister of the Interior for a license,
and shall also, if the land intended to be covered by such license be not included
in any surveyed township, stake out the land sought for, by placing at each angle
or corner of the lands a stake or post at lea6t four inches square and standing not
less than four feet above the surface of the ground; and upon each post he shall
inscribe bis name, and the angle represented thereby, thus:—"A. B.'s, N. E.
corner" (meaning northeast corner), or as the case may be: except such posts
are so planted before the notice referred to in the next succeeding section is given,
all the proceedings taken by the applicant shall be void; and with his application
he shall forward to the Minister of the Interior a map or sketch of the land so
staked out, specifying metes and bounds and showing thereon the best information in his power respecting the same, but if the land has already been included
in any general survey, then the official number of the section or sections or part
thereof applied for shall be given;
(6) He shall, after making the application for the license, publish, for a period
of thirty days, in the British Columbia Gazette, and in any newspaper circulating
in the district in which the lands lie, notice of his appHcation for a timber license,
and shall in such notice give the best description of the land applied for, specifying
metes and bounds, and such further particulars, if any, as may be required by
the Minister of the Interior.
32. In the event of any adverse claim being filed with the Minister of the
Interior, be may hear and decide upon the same.
33. Timber licenses shall be granted for such area and such length of time
as.may, from time to time, be determined by the Governor in Council; the licensee
shall pay to the Minister of the Interior, for the use of Her Majesty, annually,
during the currency of the license, the sum of fifty dollars therefor, the first payment to be made upon the granting of the license, and subsequent payments
thereafter annually on a day to be named in the license, and in default of payment of any such sum within thirty days after the same should have been paid,
the license shall be void.
34. No timber license shall be granted in respect of lands forming the site
of any Indian settlement or reserve, and the Minister of the Interior may refuse
to grant a license in respect of any particular land, if, in his opinion, it is deemed
expedient in the public interest so to do.
35. The license may be in the form 0, in the schedule to these Regulations.
36. Every licensee shall keep an account in writing of the number of trees
felled by him upon the land embraced within his license, and the measurement
thereof; and shall, at the expiration of every month, during the currency of his
license, make and furnish to the Minister of the Interior a statement in writing,
verified by affidavit, showing the number of trees so felled and the measurement
thereof, and shall then forthwith pay to the Crown Timber Agent, for the use of
Her Majesty, in respect of each tree felled, the sum of thirty cents, and also the
sum of seventy-five cents for each and every one thousand feet of board measure
contained in the logs made from such trees, and until the same shall be paid the
logs shall not be removed from the land where they were cut, and a lien for such
timber dues shall attach to the logs until the dues are paid, and as soon as the logs
are scaled and measured, and until payment of the dues, the Crown Timber Agent
may take and hold possession of the logs.
' 37. In reckoning the number of trees felled, there shall not be included
small timber used for skids, levers, rafting Stuff, or the like, and no dues shall be
payable in respect of such small timber.
38. The scale and rule by which the measurement of logs shall be determined is the rule laid down and prescribed in Scribner's Lumber and Log Book,
as copyrighted, in 1882, by George W. Fisher, of Rochester, New York.
39. In scaling or measuring logs a deduction shall be made, m the case of
hollow logs, equal to one-half of the diameter of the hollow portion of such logs;
and of all logs over eighteen feet in length, the mean diameter shall be taken.
40. If the licensee shall fail to keep correct books of account of his business,
or to submit the same for inspection of any authorized agent of the Minister of
the Interior whenever required, or to render to the Minister of the Interior the
statement in writing aforesaid, or shall wilfully make a false statement, he shall
be liable to a penalty of two hundred and fifty dollars, to be recovered as hereinbefore provided, and in default of payment, imprisonment not exceeding sixty
days, and in case of conviction the license held by him may be cancelled by the
Minister of the Interior.
4125—s
it 18
1
Liability of persons cutting timber without authority.
41   If any person without authority cuts, or employs or induces any other
on to cut, or assist in cutting, any timber of any kind on Dominion lands,
person _« ,—, ~~   >-„«-< —_ .
or removes or carries away, or employs, or induces, or assists any other person to
any timber of any kind so cut, he shall not acquire any
remuneration for cutting the same, pre-
remove or carry away
right to such timber, or any claim for
paring the same for market, or conveying the same to or towards market;   and
when the timber has been removed out of the reach of the Crown timber officers,
• it is otherwise found impossible to seize it, he shall, in addition to the loss of
s labor and disbursements, pay a fine not exceeding three dollars for each log
s proved to have cut or carried away, or assisted to cut or carry away;
or
his
which he ......
and such sum shall be recoverable with costs, at the suit and m the name of the
Crown, in any court having jurisdiction in civil matters to the amount of the
penalty; and in all cases the burden of proof of authority to cut and take the
timber shall lie on the party charged; and the averment of the party seizing or
prosecuting, that he is duly employed under the authority of these Regulations,
shall be sufficient proof thereof, unless the defendent proves the contrary.
42. Whenever satisfactory information, supported by affidavit made before
a Justice of the Peace, or before any other competent officer or person, is received
by any Crown Timber Officer or Agent, .that any timber has been cut without
authority on Dominion lands, or if any Crown Timber Officer or Agent, from other
sources of information, or his own knowledge, is aware that any timber has been
cut without authority on any such lands, he may seize or cause to be seized, in
Her Majesty's name, the timber so reported or known to be cut, wherever it is found
and place the same under proper custody until a decision can be had in the matter
b3r competent authority:
2. And where the timber reported, or known to have been cut without authority, has been made up with other timber into a crib, dam or raft, or in any other
manner has, at any mill or elsewhere, been so mixed up with other timber as to
render it impossible or very difficult to distinguish the timber so cut without
authority from the other timber, the whole shall be held to have been cut without
authority, and shall be liable to seizure and forfeiture accordingly, until the holder
shall have separated, to the satisfaction of the Crown Timber Agent, the one timber
from the other.
43. Whenever any Crown Timber Agent, or other officer or agent of the
Minister of the Interior, is in doubt as to whether any timber has or has not been
cut without authority, or is or is not liable to Crown dues on the whole or any
part thereof, he may enquire of the person or persons in possession or in charge
of such timber, as to when and where the same was cut; and if no satisfactory
explanation, on oath or otherwise as he may require, be given to him, he may
seize and detain such timber until proof be made to the satisfaction of the Minister
of the Interior, or of such Crown Timber Agent or officer, that such timber has
not been cut without authority, and is not liable, either in whole or in part, to
Crown dues of any kind; and if such proof be not made within thirty days after
such seizure such timber may be dealt with as timber cut without authority, or on
which the Crown dues have not been paid, according to the circumstances of
the case; and the dues thereon may be recovered as provided in the seventy-
fourth clause of the Dominion Lands Act.
44. In case any timber, or any product thereof, is seized under the provisions of these Regulations by any Crown Timber Agent or officer, he may allow
such timber or product thereof to be removed and disposed of, on receiving sufficient security, by bond or otherwise, to his satisfaction, for the full value thereof,
or, in his discretion, for payment of double the amount of all dues, fines, penalties
and costs incurred or imposed thereon, as the case may be.
45. All timber seized under these Regulations on behalf of the Crown as
being forfeited, shall be deemed to be condemned, unless the owner thereof, or
the person for whom it was seized, within one month from the day of the seizure,
gives notice to the seizing officer, or to the Crown Timber Agent or officer under
whose authority the seizure was made, that he intends to contest the seizure
If, within fifteen days thereafter, the claimant shall not have instituted proceedings before a court of competent jurisdiction to contest the seizure or if the
decision of the court be against him, or should the claimant fail duly to prosecute
such proceedings, in the opinion of the judge before whom such case may be tried
(and who may for that cause dismiss the suit on the expiration of three months
from the date on which it was instituted—anything to the contrary hereinbefore
enacted notwithstanding), the timber may be confiscated and sold for the benefit
of the Crown, by order of the Minister of the Interior, after notice on the spot
H thirty days:  Provided, nevertheless, that the Minister of  the Interior
\ 19
should he see cause for doing so, may, instead of confiscating timber cut without
authority on Dominion lands, impose a fine or penalty which, in addition to all
costs incurred, shall be levied on such timber; and, in default of payment of the
whole on demand, he may, after a notice of fifteen days, sell such timber by public
auction, and may, at his discretion, retain the whole proceeds of such sale, or
the amount of penalty and costs only.
46. And whenever any timber is seized for non-payment of Crown dues,
or for any cause of forfeiture, or any prosecution is instituted for any penalty
or forfeiture under these Regulations and any question arises whether the said
dues have been paid on such timber, or whether the said timber was cut on other
than any of the Dominion lands aforesaid, the burden of proving payment, or of
proving on what land the said timber was cut, shall He on the owner or claimant
of such timber, and not on the officer who seizes the same, or the party instituting
such prosecution.
47. An officer or person seizing timber in the discharge of his duty under
•these Regulations may, in the name of the Crown, call in any assistance necessary
for securing and protecting the timber so seized; and if any person under any
pretence, either by assault, force or violence, or by threat of such force or violence,
in any way resists or obstructs any officer or person acting in his aid, in the discharge of his duty under these Regulations, such person shall be guilty of felony,
and,  being convicted thereof, shall
De
mishable accordingly.
or opei
48. If any person, whether pretending to be the owner or not, either secretly
and whether with or without force or violence, takes or carries away.
,Ur
or causes to be taken or carried away without permission of the officer or person
who seized the same, or of some competent authority, any timber seized and
detained for any lawful cause under these Regulations, before the same has been
declared by competent authority to have been seized without due cause, such
person shall be deemed to have stolen such timber, the property of the Crown,
and to be guilty of felony, and, being convicted thereof, shall be punishable
accordingly.
49. The Minister of the Interior may, from time to time, define timber,
districts, and may appoint a Crown Timber Agent for each district.
50. The Minister of the Interior may, in his discretion, cancel any timber
license granted under the provisions of these Regulations, if the licensee shall not,
within the time prescribed by his license, continuously proceed to cut and manufacture the timber contained within the Unfits of his license.
I
Slides, &c.
51. No sale or grant of any Dominion lands shall give or convey any right
or title to any slide, dam, water-way, pier or boom, or other work previously
constructed on such land, or on any stream passing through or along it, for the
purpose of facilitating the descent of timber or saw logs, unless it be expressly
mentioned in the letters patent or other documents establishing such sale or grant
that such slide, dam, water-way, pier or boom, or other work, is intended to be
thereby sold or granted:
2. The free use of any slide, dam, water-way, pier, boom or other work on
stream, to facilitate the descent of lumber and saw logs, and the right of access
thereto for the purpose of using the same and keeping the same in repair, shall
not in any way be interrupted or obstructed by or in virtue of any sale or grant
of Dominion lands made subsequent to the construction of any such work.
52. The free use, for the floating of saw logs or other timber, of any stream,
or lake that may be necessary for the descent thereof from Dominion lands, and:
the right of access to such stream or lake, and of passing and re-passing on or
along the land on either side, and wherever necessary for such use thereof, and
over any existing or necessary portage-road past any rapid or fall, or connecting
such stream or lake, and over such road as, owing to natural obstacles, may be
necessary for taking out timber from Dominion lands, and the right of constructing any slide or water-way where necessary, shall continue uninterrupted, and
shall not be affected or obstructed by or in virtue of any sale or grant of such
lands.
Assignments.
53. The Minister of the Interior shall cause to be kept in bis Department
books for registering, at the option of the parties interested, assignments of any
right to Dominion lands which is assignable under these Regulations, upon proof
**> his ^tisfaction that such assignment is in conformity with these Regulations ■ 20
[,
HI
i
and every assignment so registered shall be valid against any other assignment
unregistered or subsequently registered; but any assignment to be registered
must be unconditional, and all conditions upon which the right depends must
have been performed or dispensed with by the Minister of the Interior before
the assignment is registered.
Township Plans and Patent Lists.
54. The Minister of the Interior shall transmit to the Registrar General
of British Columbia, or his proper deputy or deputies, as early as possible in
each year, a certified copy of the map of each township in such district or division,
surveyed in the year next preceding, together with a certified list of the lands
in such district or division patented during such year.
General Previsions.
55. The following powers are hereby delegated to the Governor in Council,
to be exercised, from time to time, by special Orders in Council, upon the recommendation of the Minister of the Interior:—
(a.) To withdraw from the operation of these Regulations, subject to exist
ing rights as defined or created under the same, such lands as have been or may
be reserved for Indians;
(b.) To encourage works undertaken, with a view of draining and reclaiming swamp lands, by granting to the promoters of such works remuneration in
the way of grants of lands so reclaimed, or of such portions thereof, or any other
land, as may be deemed fair and reasonable;
(c) To make such orders as may be deemed necessary, from time to time,
to carry out the provisions of these Regulations, according to their true intent,
or to meet any cases which may arise and for which no provision is made in these
Regulations; and further to make and declare any regulations which may be
considered necessary to give the provisions in this clause contained full effect;
and from time to time alter or revoke, any order or orders or any regulations made
in respect of the said provisions, and make others in their stead;
2. Every order or regulation made by the Governor in Council, in virtue of
the provisions of this clause, or of any other clause of these Regulations, shall,
unless otherwise specially provided in these Regulations, have force and effect
only after the same has been published for four successive weeks in the Canada
'Gazette and British Columbia Gazette; and all such orders or regulations shall be
laid before both Houses of Parliament within the first fifteen days of the Session
next after the date thereof.
56. All affidavits, oaths, solemn declarations or affirmations required to be
taken or made under these Regulations, except as otherwise herein provided,
may be taken before a Registrar of the Supreme Court of British Columbia, or
the Judge or Registrar of any County Court, or any Justice of the Peace, or any
•Commissioner for taking affidavits, or Notary Public, or any Dominion Lands
Agent or officer, or any person specially authorized to take such affidavits by these
Regulations or by the Minister of the Interior.
57. The Dominion Lands Board, or any member thereof, the Crown Timber
Agent, or any person specially authorized to that effect by the Governor in Council,
shall have power to summon before them or him any person by subpoena issued
by them or him, to examine such person under oath and to compel the production
of papers and writings before them or him, and such subpcena may be in the form
R. in the schedule to these Regulations, and—if any person duly summoned
neglects or refuses to appear at the time and place specified in the subpoena upon
him legally served, or refuses to give evidence or to produce the papers or writings
demanded of him—may, by warrant under their or his hands or hand, cause such
prson so neglecting or refusing, to be taken into custody and to be imprisoned
in the nearest common gaol, as for contempt of court, for a period not exceeeding
fourteen days.
58- In any case where an affidavit or oath is required by these Regulations,
a solemn affirmation may be administered to, and made, instead of an oath by
any person who is by law permitted in civil cases to make a solemn affirmation
instead of taking an oath.
59. Every receipt or certificate of entry or sale issued by an agent of Dominion lands shall, unless such entry or sale shall have been revoked or cancelled
by the Minister of the Interior, entitle the person to whom the same was granted
to maintain suits at law or in equity against any wrong-doer or trespasser5 on the
lands to which such receipt or certificate relates, as effectually as he could do under
a patent M such land from the Crown. inclusive of the
21
SURVEYS AND SURVEYORS.
Who shall be competent to survey Dominion lands.
60. Clauses ninety-nine to one hundred and thirty-nine ,
^i?9^?"?* <*?&?* 5±> Consolidated Statutes of Canada, are hereby extended
to the Public Lands of Canada m the Province of British Columbia.
Tariff of Fees.
61. The Governor in Council may establish a tariff of fees to be charged by
the Minister of the Interior for all copies of maps, township plans, field notes and
other records, and also for registering assignments; and all fees received under such
tariff shall form part of revenue from Dominion lands.
SCHEDULE.
Form A.
Application for a Homestead Entry.
I, , of do hereby apply for a homestead entry, under
the provisions of the "Regulations for the disposal of Dominion Lands within the
Railway Belt in the Province of British Columbia approved by Order in Council
of the ,18    ," for the quarter-section of section number
of the township, in the range of the meridian.
Form B.
Affidavit in support of a claim for homestead entry by a person who has
bona fide settled and made improvements upon land in advance of survey.
I, A. B., do solemnly swear (or affirm, as the case may be) that I am over
eighteen years of age; that to the best of my knowledge and belief the land in
respect of which my application is made is surveyed agricultural land; it is not
chiefly valuable for its timber, or for hay land, nor is there upon it any stone or
marble quarry, or coal or other mineral having commercial value; there is not
upon it any water power which may serve to drive machinery, nor is it specially
valuable by reason of its position, such as being the shore of an important harbour,
bridge site or canal site, or being either an actual or prospective railway terminus
or station; that I became resident upon and began to cultivate the said land on
the day of ,  18    , before the same was sur
veyed; that I have resided upon and cultivated the said land continuously ever
since; that there is no other person residing or having improvements upon it,
and that this application is made for my exclusive use and benefit, with the intention of residing upon and cultivating the said land, and not directly or indirectly
for the use or benefit of any other person or persons whomsoever: and that I have
not heretofore obtained an entry for a homestead on Dominion Lands, nor do I
own more than one hundred and sixty acres of land within the tract known as
the Railway Belt in British Columbia.
Subscribed and sworn to, this
day of 18    .before me.
(Signature)
Local Agent.
4125—6 22
II
Form C.
Affidavit in support of a claim for homestead entry by a person who has not
previously obtained homestead entry.
I, A. B., do solemnly swear (or affirm, as the case may be) that I am over
eighteen years of age; that to the best of my knowledge and belief the land in
respect of which my application is made is surveyed agricultural land; it is not
chiefly valuable for its timber or for hay land, nor is there upon it any stone or
marble quarry, or coal or other mineral having commercial value; there is not
upon it any water power which may serve to drive machinery, nor is it specially
valuable by reason of its position, such as being the shore of an important harbour,
bridge site or canal site, or being either an actual or prospective railway terminus
or station; that there is no person residing on the said land, nor are there any
improvements thereon, and that this application is made for my exclusive use and
benefit, with the intention of residing upon and cultivating the said land, and
not directly or indirectly for the use or benefit of any other person or persons
whomsoever; and that I have not heretofore obtained a homestead on Dominion
lands, nor do I own any lands within the tract known as the Railway Belt in
British Columbia.
Subscribed and sworn to, this
day of 18    , before me
(Signature)
Local Agent.
Form D.
Affidavit in support of a claim for homestead entry by a person who has
previously obtained and has forfeited his homestead entry, but is permitted by
the Minister of the Interior to obtain another homestead entry.
I, A.B., do solemnly swear (or affirm, as the case may be) that I am over
eighteen years of age; that to the best of my knowledge and belief the land in respect of which my application is made is surveyed agricultural land; it is not
chiefly valuable for its timber, or for hay land, nor is there upon it any stone or
marble quarry, or coal or other mineral having commercial value; there is not
upon it any water power which may serve to drive machinery, nor is it specially
valuable by reason of its position, such as being the shore of an important harbour, bridge site or canal site, or being either an actual or prospective railway terminus or station; that there is no person residing on the said land, nor are there
any improvements thereon; that I obtained homestead entry on the day of
18    , for the quarter-section of section ,
township , range , of the meridian, but forfeited the
same; that by order of the Minister of the Interior, which I now produce, I have
been permitted to make application for and to receive another homestead entry;
that this application is made for my exclusive use and benefit, with the intention
of residing upon and cultivating the land applied for, and not, directly or indirectly,
for the use or benefit of any other person or persons whomsoever, and I neither
own nor have I a homestead entry for any other land within the tract known
as the Railway Belt in British Columbia.
Subscribed and sworn