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This could be a full linked open date URI or an internal identifier"}],"FileFormat":[{"label":"File Format","value":"application\/pdf","attrs":{"lang":"en","ns":"http:\/\/purl.org\/dc\/elements\/1.1\/format","classmap":"edm:WebResource","property":"dc:format"},"iri":"http:\/\/purl.org\/dc\/elements\/1.1\/format","explain":"A Dublin Core Elements Property; The file format, physical medium, or dimensions of the resource.; Examples of dimensions include size and duration. Recommended best practice is to use a controlled vocabulary such as the list of Internet Media Types [MIME]."}],"FullText":[{"label":"Full Text","value":" 1 Ed. 7     Inquiry into Grievances of Settlers, E. & N. Railway Lands.        337\nREPORT\nOf the Commissioner appointed to inquire into the grievances of the settlers within\nthe tract of lands granted to the Esquimalt and Nanaimo Railway Company.\nBy Command.\nJ. D. PRENTICE,\nProvincial Secretary.\nProvincial Secretary's  Office,\n2nd March, 1901.\nVictoria, January 4th, 1901.\nTo the Honourable Sir Henri Gustave Joly de Lotbiniere,  K.C.M.G., Lieutenant-Governor of\nthe Province of British Columbia.\nYouk Honour,\u2014I have the honour, in pursuance of the Commission dated the 12th day\nof October, 1900, appointing me to inquire into the grievances of the settlers within the tract\nof lands granted to the Esquimalt and Nanaimo Railway Company, to report as follows :\u2014\nThe Commission was opened at Nanaimo on the 24th day of October, 1900.\nAt the request of some of those who appeared, the taking of their evidence was adjourned\nuntil the 8th day of November, 1900.\nA circular letter was then sent by registered post to each person who was known to have\nclaimed as a settler, and to those who were known to claim through prior settlers, calling\nattention to the adjournment and the time and place of holding the next sitting.\nSittings, of which public notice was given, were also held at the Court House, Cumberland (Comox District), and at the Court House, Duncan (Cowichan District).\nNo claimant appeared before me who had settled on land prior to the Railway reserve, of\nthe 30th June, 1873. Every person who appeared before me had either received a grant\nunder \" An Act relating to the Island Railway, the Graving Dock, and Railway Lands of the\nProvince,\" Chapter 14 (19th December), 1883-84, commonly called the \"Settlement Act,\"\neither from the Dominion or from the Esquimalt and Nanaimo Railway Company, or had\npurchased or was devisee of land which had previously been so granted. Certain of the\nsettlers on the Island Railway Belt who took possession of lands included in that Belt, and\nwho are referred to in section 23 of the Settlement Act as squatters, claim that, in lieu of the\ngrants to them, under that Act, of the surface rights to the land they were in possession of,\nthey should have received, and should yet receive, grants from the Crown without any reservation, except of the precious metals\u2014grants, as some of them put it, the same as other people\nreceived of lands outside the Belt, or of lands inside which were pre-empted before the\nreservation.\nThey lay particular stress on the fact that coal, in particular, was excluded from the\ngrants they received.\nAnother claim advanced is, that if the right to the minerals (if any) under their lands\ncannot be granted to them, they should have \" something in lieu of them.\"\nOthers complain that the railway was built through their lands without compensation for\nthe right of way. 338 Inquiry into Grievances of Settlers, E. & N. Railway Lands.       1901\nAnother complaint is that they have been told and believe that the Esquimalt and\nNanaimo Railway Company obtained not only a grant of the coal and other minerals under\nthe land squatted on, but also obtained from the Government of Canada, under the head of\n\" lands in lieu of lands pre-empted or otherwise alienated within the Railway Belt,\" the same\nquantity of additional lands, with coal rights, as that squatted on, thus, in that respect,\ndoubling what the Company ought to receive.\nThis complaint may be disposed of at once, as it has in fact no foundation whatever.\nLike claims are set up by persons who were not the original squatters, but who purchased\nthe improvements, or whatever right or interest the original squatters had ; in some cases\nbefore the Settlement Act was passed, and in others after its passage ; in some cases after the\noriginal squatter obtained a grant under that Act, and in cases, also, where they themselves\nhave obtained a grant under that Act. These persons contend that their claims should stand\non the same footing as if they were original squatters.\nAnother position taken in one case is that, though at present he has no grievance or complaint, still if any one who squatted on the belt after the reservation should get a grant of\nanything other than the surface rights, or receive anything additional to, or in lieu of, the grant\nunder the Settlement Act, all should be treated alike, and he \"should receive what the others\nget.\"\nTo understand the position of affairs, and the nature of these claims, and what, if any,\nground there may be for them, it is necessary to go into the history of the railway belt from\nthe time the lands on Vancouver Island were reserved for railway purposes, and to examine\nthe different provisions of the law from time to time governing the disposal and acquisition of\nCrown lands on Vancouver Island; to ascertain how and to what extent Crown lands could\nbe acquired, and in what manner, and to what extent, they could be granted, and as the claims\nare advanced in respect of, and in consequence of, entry on and possession of Crown lands when\nunder reservation, it becomes necessary to inquire into the facts and circumstances attendant\non and surrounding the entry on and taking possession of these lands; and as the complaints\nare against grants issued to them of the surface rights, which the Legislature authorised to be\ngranted to them under the Settlement Act, it is also necessary to inquire into the circumstances under which those grants were made, and issued to and received by the grantees.\nRailway  Belt  and Reservation of Crown Lands on Vancouver Island for Railway\nPurposes.\nVide B. C. Papers in connection with the construction of the  C. P. R., 1880, B. C. Sessional\nPapers, 1879, et ann. seq.:\nOn the 20th July, 1871, British Columbia was admitted into and became part of Canada,\non certain Terms and Conditions.\nSection 11 of the Terms of Union is as follows:\u2014\n\"11. The Government of the Dominion undertake to secure the commencement simultaneously, within two years from the date of Union, of the construction of a railway from the\nPacific towards the Rocky Mountains, and from such point as may be selected east of the\nRocky Mountains towards the Pacific, to connect the sea-board of British Columbia with the\nrailway system of Canada; and, further, to secure the completion of such railway within ten\nyears from the date of the Union :\n\" And the Government of British Columbia agrees to convey to the Dominion Government, in trust, to be appropriated in such manner as the Dominion Government may deem\nadvisable in furtherance of the construction of the said railway, a similar extent of public\nlands along the line of railway throughout its entire length in British Columbia, not to exceed,\nhowever, twenty miles on each side of the said line, as may be appropriated for the same\npurpose by the Dominion Government from the public lands in the North-West Territories and\nthe Province of Manitoba: Provided that the quantity of land which may be held under preemption right, or by Crown grant, within the limits of the tract of land in British Columbia\nto be so conveyed to the Dominioii Government, shall be made good to the Dominion from\ncontiguous public lands; and provided, further, that until the commencement, within two\nyears as aforesaid from the date of the Union, of the construction of the said railway, the\nGovernment of British Columbia shall not sell or alienate any further portions of the public\nlands in British Columbia in any other way than under right of pre-emption, requiring actual\nresidence of the pre-emptor on the land claimed by him: 1 Ed. 7      Inquiry into Grievances of Settlers, E. & N. Railway Lands.        339\n\"In consideration of the land to be so conveyed in aid of the construction of the said railway, the Dominion Government agree to pay to British Columbia from the date of the Union\nthe sum of one hundred thousand dollars per annum in half-yearly payments in advance.\"\nImmediately upon Union all lands of the Province were withdrawn from sale or alienation. On the 7th day of June, 1873, by Order of the Governor-General in Council, on a\nMemorandum of the Chief Engineer of the Canadian Pacific Railway, Esquimalt, on Vancouver\nIsland, was fixed as the terminus of the Canadian Pacific Railway; and it was decided that a\nline of railway be located between the Harbour of Esquimalt and Seymour Narrows, on the\nsaid Island, and that application immediately be made to the Lieutenant-Governor of British\nColumbia for the conveyance to the Dominion Government, in trust, according to the 11th\nparagraph of the Terms of Agreement of Union, of a strip of land twenty miles in width along\nthe eastern coast of Vancouver Island, between Seymour Narrows and the Harbour of Esquimalt, and it was intimated that an Order of the Lieutenant-Governor of British Columbia in\nCouncil, appropriating this tract of land in furtherance of the construction of the said railway,\nwould be necessary in order to operate as a sufficient conveyance and reservation of the said\nland to and for the Dominion Government.\nOn the 10th day of June, 1873, application was made to the British Columbia Government for such conveyance.\nOn the 30th day of June, 1873, the Lieutenant-Governor in Council reserved the twenty-\nmile Belt lying between Esquimalt Harbour and Seymour Narrows, and the conveyance in\ntrust of the said land asked for by the Dominion Government was deferred, and the following\nnotice of reservation was adopted and ordered to be published in a Gazette Extraordinary:\u2014\n\"Whereas, by an Order in Council, dated the 7th day of June, 1873, of the Honourable\nthe Privy Council of Canada, it has been decided ' that Esquimalt, in Vancouver Island, be\nfixed as the terminus of the Canadian Pacific Railway, and that a line of railway be located\nbetween the Harbour of Esquimalt and Seymour Narrows, on the said Island':\n\"And whereas, in accordance with the terms of the said Order in Council, application has\nbeen made to His Honour the Lieutenant-Governor of British Columbia for a reservation and\nfor a conveyance to the Dominion Government, in trust, according to the eleventh paragraph\nof the Terms of Agreement of Union, of a strip of land twenty miles in width along the eastern\ncoast of Vancouver Island, between Seymour Narrows and the Harbour of Esquimalt, in\nfurtherance of the construction of the said railway:\n\"And whereas it has been deemed advisable that the lands within the limits aforesaid\nshould be reserved prior to any conveyance aforesaid being made thereof :\n\" Public notice is, therefore, hereby given that from and after this date a strip of land\ntwenty miles in width along the eastern coast of Vancouver Island, between Seymour Narrows\nand the Harbour of Esquimalt, is hereby reserved.\"\nOfficial notification of this reserve was published in the Government (British Columbia)\nGazette on the 1st day of July, 1873. In the usual course of business the Queen's Printer\nwould forward copies of this Gazette to the different Government Agents and Land Recorders.\nOn the 30th June, 1873, Mr. T. L. Fawcett, Land Recorder at Nanaimo, was informed\nby letter, by the Chief Commissioner of Lands and Works, of the reservation, and instructed\nthat no more pre-emptions would be granted in that belt.\nBy report of the Dominion Privy Council, approved by the Governor-General on the 3rd\nday of September, 1873, it was submitted\u2014\n\" that so long as the land referred to is not alienated from the Crown, but held under\nreservation, the object of the Government of the Dominion will be obtained, that object being\nsimply that when the railway shall come to be constructed the land in question shall be at the\ndisposition of the Government of the Dominion for the purposes laid down in the eleventh\nsection of the Terms of Union with British Columbia.\"\nOn the 22nd day of September, 1873, the Provincial Government urged that the boundaries\nof the land on Vancouver Island proposed to be claimed by the Government of the Dominion,\nin trust, to aid in the construction of the railway under the Terms of Union, might be at once\ndefined, and that a competent person in this Province might be appointed to dispose of said\nlands on such terms as would admit of settlement, and authorised the Honourable Amor De\nCosmos, President of the Executive Council and Premier of the Ministry, to confer with the\nGovernment of Canada on this subject. 340 Inquiry into Grievances of Settlers, E. & N. Railway Lands.       1901\nOn the 8th day of October, 1873, the Provincial Government were informed that \"the\nsubject of the occupation of lands reserved by the Dominion Government\" would receive\ndue consideration.\nOn the 22nd day of November, 1873, the Government of British Columbia, after stating that\nthe non-fulfilment by the Dominion Government of the Terms of Union had caused a strong\nfeeling of anxiety and discouragement to exist throughout the Province, asked the Dominion\nGovernment for a decided expression of its policy with regard to the fulfilment of the\nEleventh Article of the Terms of Union, and that the decision arrived at be communicated at\nthe earliest moment possible.\nOn the 9th day of February, 1874, the Legislature of British Columbia protested against\nthe infraction of the Eleventh Article of the Terms of Union, as the construction of the\nrailway had not been commenced.\nIn 1874 proposals were made on behalf of the Dominion Government, inter alia,\n\" To commence the construction from Esquimalt to Nanaimo immediately, and push that\nportion of the railway on to completion with the utmost vigour, and in the shortest practicable time,\"\nprovided British Columbia would agree to a relaxation of the Terms of Union.\nOn the 11th day of June, 1874, the Government of British Columbia appointed a special\nagent and delegate to proceed to London and present and support a memorial and remonstrance,\non behalf of British Columbia, regarding the non-fulfilment of Clause 11 of the Terms of\nUnion, by the Dominion Government.\nIn section 19 of such memorial or petition, it was, inter alia, stated that, immediately\nupon union with Canada all lands of the Province were withdrawn from sale or alienation,\nand that the Provincial Government had agreed to reserve, and had ever since reserved, the\nBelt on Vancouver Island, \"a tract of most valuable land, abounding in vast mineral wealth,\nand easy of access from the sea.\"\nOn the 17th day of November, 1874, the decision of the Earl of Carnarvon on the controversy between the Dominion of Canada and the Province of British Columbia respecting\nthe Canadian Pacific Railway was rendered, deciding, inter alia, \"that the railway from\nEsquimalt to Nanaimo should be commenced as soon as possible, and completed with all\npracticable dispatch.\"\nOn the 31st day of March, 1875, at the then session of the British Columbia Legislature, Mr. Robson, Member for Nanaimo, asked the following question:\u2014(Journals, 1875,\np. 26.)\n\" The Premier of Canada, having stated from his place in Parliament that the British\nColumbia Government have power under the 11th section of the Act of Union to allow\npersons to go upon the land reserved on Vancouver Island for railway purposes, and having\nintimated that the Dominion Government would be disposed favourably to regard the exercise\nof such power, is it the intention of the Government to permit pre-emption upon the said\nlands?\"\nThe Honourable Mr. Beaven, Chief Commissioner of Lands and Works, replied as\nfollows :\u2014\n\" No official information has been received by the Government on the subject referred to,\nbut application was made to the Dominion Government, on behalf of the Province, for the\npurpose of securing the settlement of the lands reserved for railway purposes on the East\nCoast of Vancouver Island, without jeopardizing the rights of British Columbia to railway\nconstruction; but no such arrangement has been consummated. The Government do not\nintend at present to issue any certificates of pre-emption for lands in the reservation referred\nto.\"\nOn the 25th day of March, 1875, the Dominion Privy Council reported on a Memorandum, dated 25th March, 1875, from the Honourable the Minister of Public Works, reporting\nfor the consideration of Council that, prior to the commencement of any works of construction on the proposed railway from Esquimalt to Nanaimo, which the Dominion Government\nhave agreed to build under the arrangement made through Lord Carnarvon, at the instance of\nBritish Columbia, it is essential that the Province of British Columbia  should convey, by legislation, to the Dominion Government, in trust, to be appropriated in such manner as the\nDominion Government may deem advisable, a similar extent of public lands along the line of\nrailway before mentioned (not to exceed twenty miles on each side of said line), as may be\nappropriated for the same purpose by the Dominion from the public lands of the North-West\nTerritories and the Province of Manitoba, as provided in the Order in Council, section 11,\nadmitting the Province of British Columbia into Confederation; and that it was desirable\nthat the British Columbia Government should be at once notified that it will be necessary,\nduring the present session of the Legislature of that Province, to pass an Act so to appropriate and set apart lands to this extent, and for this purpose; the grant to be subject, otherwise,\nto all the conditions contained in the said Eleventh Section of the Terms of Union.\nThe Committee of Council concurred in the above report of the Minister of Public\nWorks, and recommended that the British Columbia Government be notified accordingly, and\nan Act of the Legislature of British Columbia was passed, intituled :\n\"An Act to authorise the Grant of certain Public Lands to the Government of the\nDominion of Canada for Railway Purposes.\"     (Assented to the 22nd day of April, 1875.) \u2014\nreciting that,\n\" Whereas it is expedient to provide for the grant of public lands to the Dominion\nGovernment required for a railway between the Town of Nanaimo and Esquimalt Harbour \"\nand enacting by section 1 :\u2014\n\" From and after the passing of this Act there shall be and there is hereby granted to\nthe Dominion Government for the purpose of constructing, and to aid in the construction, of\na railway, between the town of Nanaimo and Esquimalt Harbour, in trust, to be appropriated in such manner as the Dominion Government may deem advisable, a similar extent of\nlands along the line of railway before mentioned (not to exceed twenty miles on each side\nof the said line) as may be appropriated for the same purpose by the Dominion from the\npublic lands of the North-West Territories and the Province of Manitoba, as provided in\nthe Order in Council, section 11, admitting the Province of British Columbia into Confederation; such grant to be subject otherwise to all the conditions contained in the said\neleventh section of the Terms of Union.\"\nAnd by Section 2:\u2014\n\"All and every the provisions of the \" Railway Act, 1868,\" passed by the Parliament of\nCanada in the thirty-first year of the reign of Her Majesty, and being Chapter 68, including\nany Acts amending the same, in so far as the provisions therein contained are applicable to\nthe said railway or any section thereof, and are not inconsistent with or repugnant to the\nprovisions of this Act, shall, mutatis mutandis, be considered as forming part of this Act, and\nare hereby incorporated herewith.\"\nThe line of railway between Esquimalt and Nanaimo was subsequently practically located\nand steel rails landed at those two places.\nOn the 20th day of September, 1875, the Dominion Government offered $750,000 to the\nProvince as compensation for any delays which might take place in the construction of the\nCanadian Pacific railway, such $750,000 to be applied by the Province to building a railway\nfrom Esquimalt to Nanaimo, or to such other local public works as the people of the Province\nmight think advantageous, and undertook to surrender any claims to lands which might have\nbeen reserved for railway purposes.\nThe Provincial Government unhesitatingly but respectfully declined this proposal, and\nstrongly pressed upon the Dominion Government the absolute necessity of the Railway Agreement being carried out according to the terms thereof.\nOn the 21st day of January, 1876, the Legislature of British Columbia again protested\nand strongly urged that Lord Carnarvon's settlement be carried out, and on the 2nd day of\nFebruary, 1876, petitioned Her Majesty.\nOn the 15th day of May, 1876, Mr. Ash moved, seconded by Mr. Bryden:\u2014\n\" That, in the event of the lands reserved for railway purposes on the east coast of Vancouver Island reverting to the Province, it is the opinion of this House that the claims of\nbona fide agricultural settlers should be respected.\"\nThe motion was withdrawn by leave of the House. 342 Inquiry into Grievances of Settlers, E. & N. Railway Lands.       1901\nOn the 9th day of June, 1876, the Dominion Government concurred in a memorandum\nreporting that they had withdrawn from sale or settlement certain lands in Manitoba and the\nNorth-West, and that the line of the Canadian Pacific Railway had been defined and located\nthrough part of British Columbia, and requesting that the lands in British Columbia along\nthis line from Tete Jaune Cache to a point near the confluence of the Stewart and Chilcoot\nrivers be forthwith conveyed, and that at present an Order in Council of British Columbia\nappropriating the land will suffice, but suggesting that an Act be passed by the Legislature of\nBritish Columbia conveying the said lands to Her Majesty for the purposes of the Government\nof Canada, and to be appropriated in such manner as the Dominion Government might deem\nadvisable in furtherance of the construction of the said railway, and further recommending\nthat, in order to give due information to the public, and to prevent squatters, or the preemption of any portion of the land so conveyed, the Lieutenant-Governor should be invited to\ngive public notice of the passing of such Order in Council and of the conveyance of the said\nlands.\nOn the 23rd day of May, 1878, the Dominion Government cancelled the Order in Council\nof the 7 th day of June, 1873, designating Esquimalt as the terminus of the Canadian Pacific\nRailway and requiring the conveyance of the Island Railway Belt.\nOn the 29th day of August, 1878, the Legislature again petitioned Her Majesty.\nOn the 22nd day of April, 1879, the following Order in Council was passed by the\nDominion Government, annulling the Order in Council of the 23rd day of May, 1878, and\nreviving the Order in Council of the 7th day of June, 1873.\n\"On a memorandum dated the 16th day of April, 1879, from the Honourable the Minister\nof Public Works, representing that on a memorandum from the Chief Engineer of the Canadian Pacific railway, dated the 23rd day of May, 1873, an Order in Council was passed on the\n7th day of June, 1873, fixing Esquimalt, on Vancouver Island, as the terminus of the railway\nin British Columbia. That subsequently, on the 25th day of March, 1875, an Order in\nCouncil was passed authorising the Dominion Government to notify the Government of\nBritish Columbia that it would be necessary that the Legislature of that Province, then in\nsession, should pass an Act setting apart such extent of public lands along the line of railway\nin Vancouver Island in the manner set forth by the eleventh paragraph of the Terms of Agreement of the Union, and recommending that the Order in Council of the 23rd day of May,\n1878, be annulled, and that of June the 7th, 1873, be revived, and that a copy of the Minister's\nReport to Council be furnished to the Honourable the Secretary of State for transmission to\nthe Government of British Columbia for their information.\"\nOn the 14th day of May, 1879, the Provincial Government requested the Dominion\nGovernment to inform them whether a former reserve made at the instance of the Dominion\nGovernment along the Fraser and Thompson rivers to Tete Jaune Cache should be cancelled\nor retained.\nIn June, 1879, the Provincial Government were informed that the object of the Order in\nCouncil of the 22nd day of April, 1879, was simply to rescind the Order in Council of the\n23rd day of May, 1878, so as to leave the General Government free to adopt whichever route\nmight appear, in the public interest, the most eligible, and that it was not proposed to release\nthe reservation of land on either route.\nOn the 1st day of April, 1880, the Dominion Government requested the Provincial Government to grant them lands outside the forty-mile belt in lieu of lands within that limit\nwhich should be found to be valueless, and to supply the deficiency caused by the International\nboundary on the Mainland and the coast line of Vancouver Island, respectively, falling within\nthe forty-mile belt.\nIn reply, the Dominion Government were requested\u2014\n1st. To define the lands which they might consider valueless for agriculture or other\neconomic purposes;\n2nd.  To indicate the lands which they might desire to secure in lieu thereof;\n3rd. To state how they proposed to deal with such lands if ceded to them, the Committee\ndeeming it essential that this should be done in order to prevent, as far as possible, an extension of the serious injury and loss already sustained by the Province by the withdrawal from\nsettlement, since June, 1873, by special request of the Dominion, of a valuable tract of 3,200\nsquare miles of land on Vancouver Island for railway purposes; 1 Ed. 7      Inquiry into Grievances of Settlers, E. & N. Railway Lands.       343\n4th. To inform the Provincial Government of the nature of the guarantees that they\nwere willing to give that railway work on the Mainland would be continuously and actively\nprosecuted, and that, within an early definite period, the promise to construct the Island\nsection of the trunk line would be fulfilled.\nIn October, 1880, the following letter and estimate were sent by the Honourable George\nA. Walkem to the Honourable Amor De Cosmos, who was conducting negotiations with the\nDominion Government relative to railway matters :\u2014\n\"Lands and Works Department,\n\"Victoria, B. C, October 29th, 1880.\n\"Hon Amor De Cosmos, 21.P.,\n\" Ottawa.\n\" Sir,\u2014I enclose you a statement, carefully gathered from the records of the Department,\nof the lands available for railway purposes within the Mainland and Island belts. The statement is comprehensive enough to need no explanation. Coal croppings have been found as\nfar south as Shoal Harbour, and discoveries of coal have recently been made in several\nlocalities south of Nanaimo. The lands containing these prospects have been applied for, but\nof course cannot be dealt with by the local Government, as they were ceded to the Dominion\nby Statute of 1875.\n\" For seven years back, intending settlers have been turned aside from the eastern coast\nof the Island on account of the lands being locked up for railway purposes.\n\" This state of things, either in the interests of the Dominion or of any railway company,\nmust be very damaging, as both must depend upon settlement of the lands for revenue.\n\" I feel assured, from the active interest and able advocacy you have displayed in dealing\nwith this subject, that you will exert every influence within your reach to have the Island\nsection commenced as soon as possible.\n\"When a time limit of ten years for the construction of the whole line is fixed, why\nshould this portion of it be left untouched for a longer period 1 The line already established\non the Mainland cannot be prejudiced by any arrangements for securing speedy construction\nof the further section referred to.\n\" I have telegraphed in a condensed form the substance of the enclosed figures, so that\nyou might have them for immediate use.\n\" I have, etc.,\n(Signed)        \" George A. Walkem,\n\" Chief Commissioner of Lands and Works.\"\n\" Estimate (closely approximate) of area of public lands which have been disposed of within\nthe Railway Belt between Esquimalt and Nanaimo; area af coal deposits, etc.\n\"Vancouver Island.\nAcres. Acres.\n\" Total area of Railway Belt, square miles, 1,100  704,000\nSold or pre-empted 126,500\nIndian reserves, surveyed     13,590\nGovernment reserves, surveyed       1,200\nNewcastle townsite (surveyed into lots, 126 acres)..   724\nSold      42\n         682\nTimber leases       3,316\nCoal lands sold       10,034\n     155,322\n\" Available for railway purposes 548,678\n\" The coal deposits within the Railway Belt extend\u2014\n\" 1st.  From near Cape Mudge to North-West Bay, and have a productive area of about\n300 square miles. 344 Inquiry into Grievances of Settlers, E. & N. Railway Lands.       1901\n\" 2nd. From Departure Bay to the north end of North Saanich, and, including the\nadjacent islands, is estimated to have a productive area of 160 square miles, half of which may\nbe said to appertain to Vancouver Island.\n(Signed)        \"W. S. Gore,\n\" Surveyor-General.\"\nOn the 26th day of January, 1881, in the Provincial Legislature, Dr. Ash presented a\npetition from the residents of Comox, which was read, received and ordered to be laid on the\ntable.\nOn the 3rd day of March, 1881, on motion of Dr. Ash, seconded by Mr. Abrams, it was\nresolved that\u2014\n\" In the opinion of this House, the petition of the residents of the Electoral District of\nComox, respecting the withdrawal of the existing reserve of the twenty miles of land lying\nbetween Nanaimo and Seymour Narrows, deserves the favourable consideration of the Government.\"\nThe Legislature of British Columbia again petitioned Her Majesty, and Lord Kimberley,\nin August, 1881, expressed the opinion that\u2014\n1st. The construction of a light line of railway from Nanaimo to Esquimalt;\n2nd. The extension, without delay, of the line on the Mainland to Port Moody; and\n3rd.  The grant of reasonable compensation in money for failure to complete the work\nwithin the term of ten years, as specified in the conditions of Union,\nwould offer a fair basis for a settlement of the whole matter.\nOn the 21st day of March, 1882, it was moved by Mr. Smithe, seconded by Mr. Harris\n(B. C. Journals, 1882, p. 23),\u2014\n\" That this House being very strongly of opinion that the rights of settlers upon lands\nwithin the railway reserve in the Province should be recognized ;\n\" Be it therefore Resolved, That a respectful address be presented to His Honour the\nLieutenant-Governor, praying that he will be pleased to communicate with the Dominion\nGovernment with a view to provide for a recognition of the settlers' rights on railway lands\nin this Province, and to arrange the terms upon which the title to said lands shall be acquired\nby the said settlers ;\n\" And be it further Resolved, That the title of squatters upon lands within any railway\nreserve in the Province to the lands upon which they have squatted shall be secured to them\nbefore the said reserved railway lands shall be transferred to the Dominion Government, or to\nany railway syndicate.\"\nThe Honourable Mr. Walkem, Chief Commissioner of Lands and Works, moved in\namendment, seconded by Mr. McGillivray, that all the words after \" being,\" in the first line,\nbe struck out, and the following substituted therefor :\u2014\n\"of the opinion that the rights of bona fide settlers who have settled upon and cultivated\nland within the railway reserve in this Province, and who would have been entitled to preempt the said lands had they not been reserved, should be recognized ;.\n\"Beit therefore Resolved, That a respectful address be presented to His Honour the\nLieutenant-Governor, praying that he will be pleased to communicate with the Dominion\nGovernment with a view to provide for recognition of such settlers' rights and to arrange the\nterms upon which the title to said lands shall be acquired by them.\"\nThe debate on this motion and amendment was adjourned to the next sitting of the\nHouse, and subsequently the motion was withdrawn.\nIn April, 1882, the Legislature of British Columbia, by Chapter 15, \"An Act to incorporate the Vancouver Land and Railway Company,\" incorporated Lewis M. Clement and\nothers, to build a railway from Esquimalt to Seymour Narrows.\nBy section 17, the Company were to give security for the construction, completion and\nequipment of the railway.\nBy section 18, the Government of British Columbia, provided security were given, were\nto set aside and reserve to the Company, and upon completion of the railway were to grant to\nthe Company, 1,900,000 acres, more or less, of public lands on Vancouver Island, within\nboundaries extending from the head of Saanich Inlet to Seymour Narrows, and including all\ncoal, minerals and substances whatsoever thereupon and thereunder. 1 Ed. 7       Incuiry into Grievances of Settlers, E. & N. Railway Lands.       345\nBy section 19, special provision was made as to farming squatters.\nBy section 20, the existing rights with regard to the lands referred to, of all persons and\ncorporations whose titles had not been completed, were not to be affected.\nOn the 21st day of April, 1882, Chapter 13 of 1875, \"An Act Conveying the Railway\nBelt on Vancouver Island,\" was repealed, and on the same day all public lands on Vancouver\nIsland, bounded on the south by a straight line drawn from the head of Saanich Inlet to\nMuir Creek, on the Straits of Fuca; on the west by a straight line drawn from Muir Creek,\naforesaid, to Crown Mountain; on the north by a straight line drawn from Crown Mountain\nto Seymour Narrows; and on the east by the coast line of Vancouver Island to the point of\ncommencement, were reserved for the purpose of enabling the Government of British\nColumbia to carry out the Clement's Bill, and on the next day official notification of this\nreserve was published in the Government Gazette.\nThe original reservation of 1873, was, however, not rescinded.\nIn November, 1882, the British Columbia Executive reported that, prior to the last\nsession of the Legislature, the Government had been unable to induce the Dominion Government to provide for the construction of the railway on Vancouver Island :\nThat during the session two applications to incorporate companies by Private Bill to\nconstruct a railway on the east coast of Vancouver Island had been made; one by the Vancouver Land and Railway Company (the Clement's Bill); the other by R. Dunsmuir and\nothers, as the Victoria, Esquimalt and Nanaimo Railway Company, asking for a land grant\nsimilar to the one in the Clement's Bill; that the Clement's Bill had failed through failure to\ngive security, and that the Victoria, Esquimalt and Nanaimo Bill had been killed in the\nHouse; and that the attention of the Dominion Government be called to the question, with\nthe request to take such steps as might be necessary to secure the construction of the railway\nfrom Esquimalt next spring, and to give such an assurance as early as possible, so as to enable\nthe Provincial Government to place it before the Legislature at the opening of the approaching session.\nBetween April, 1882 and February, 1883, certain settlers who had pre-empted lands in\nthe Island Railway Belt before the reservation, but who had not proved up and obtained\ntheir Crown grants, and certain persons who had taken possession of Crown lands in that\nbelt after the reservation of 1873, and the conveyance to the Dominion Government of the\n21st April, 1875 (referred to in the Clement's Bill as \"squatters\"), petitioned the Governor-\nGeneral to take into consideration their previous requests, that an official intimation that the\nsettlers or squatters would be secured their promised rights, and that they would be able to\nobtain the land on the same terms and conditions as similar lands outside the railway reserve\nhad, in previous years, been conveyed to pre-emptors.\nThis petition was also signed by some who already held other lands, and wished to\nincrease the size of their estates, and claimed additional land without living on it, and whose\n\" possession \" of it was a mere figure of speech.\nIt was also signed by some who had squatted after the passage of the Clement's Bill, and\nby some who had purchased\u2014after the Clement's Bill\u2014the improvements of some prior\nsquatter.\nThis petition was signed by 121 persons, including 24 in Cowichan District.\nOn the 10th day of February, 1883, the Provincial Executive reported with reference to\nthe Island railway, among other things:\u2014\n\" That the land on the east coast of Vancouver Island had been continuously withheld\nfrom settlement since July, 1873, up to the present time, and the development of that\nfertile tract of country, abounding in mineral wealth, had been retarded to an incalculable\nextent.\"\nAnd they recommended as a basis of settlement of the railway and railway land questions that\nthe Dominion be urgently requested * * * \"to commence to construct the\nIsland railway and to complete it with all practicable dispatch, or by giving such compensation\nfor failure to build it as would enable the Provincial Government to build it as a Provincial\nwork and open the east coast lands for settlement.\"\nA copy of this Report was given to the Agent of the Dominion Government, and a copy\nwas sent to the Dominion Secretary of State. 346 Inquiry into Grievances of Settlers, E. & N. Railway Lands.       1901\nOn the 26th day of February, 1883, in the Provincial Legislature (B. C. Journals, 1883,\np. 14), Mr. Raybould, Member for Nanaimo, asked the Leader of the Government:\u2014\n\" If they are aware that a petition has been forwarded to the Dominion Government by\nthe settlers in Cedar, Cranberry, Wellington, Mountain, Comox and Cowichan Districts, and\nif it is the intention of the Provincial Government to respect the ' squatters'' rights if it is\nfound that the Island railway lands have reverted to the Province?\"\nThe Honourable Mr. Smithe replied:\n\" The Government are aware that such a petition was forwarded. The lands are reserved\nfor railway purposes to the Federal Government, against whom a claim exists for keeping the\nlands so long from settlement without building the Island railway. In the event of those\nlands reverting to the Province it will be the aim of the Government to deal equitably with\nall bona, fide settlers.\"\nOn the 15th day of March, 1883 (B. C. Journals, 1883, p. 34), Mr. Dunsmuir asked the\nLeader of the Government:\u2014\n\" Is it the intention of the Government to lift the reserve off the lands on the east coast\nof Vancouver Island with a view to opening more lands for settlement?\"\nThe Honourable Mr. Smithe replied :\u2014\n\" In view of the negotiations now pending between the Provincial and Dominion Governments for the construction of the Island railway by the Dominion, the Government do not feel\nat liberty at present to deal with the lands on the east coast of the Island. It is hoped,\nhowever, that construction of the railway and settlement of the lands will proceed simultaneously, and the efforts of the Government will be directed to that end.\"\nIn the same session, on the 7th day of May, 1883 (Journals, 1883, p. 75) \"An Act\nRelating to the Island Railway, the Graving Dock and Railway Lands of the Province,\" was\nintroduced by the Honourable Mr. Smithe, Leader of the Government, after negotiations\nbetween the Provincial Government and the Agent of the Dominion Government in the\nProvince.\nThis Bill passed its second reading on the 9th day of May, 1883, and its third reading\non the 10th day of May, 1883, and was assented to on the 12th day of May, 1883.\nThis Act, after reciting therein the supposed effect of what had been agreed on, granted\nto the Dominion part of the lands mentioned in the Clement's Bill, including all coal, etc.,\nand minerals and substances whatever thereupon and thereunder.\nSection (f) of the recitals stated that the lands to be so conveyed, except as to the coal\nand other minerals, and also except as to timber lands, should be open for four years from the\npassing of the Act to actual settlers for agricultural purposes to the extent of 160 acres to\neach actual settler.\nBy section 25, the price of timber lands was to be fixed by the Dominion Government or\nthe Company.\nBy section 23, the Company were to be bound by section (f), and were also to grant to\neach bona fide squatter who had continuously occupied and improved any of the lands within\nthe tract to be acquired from the Dominion Government, for a period of one year prior to the\n1st day of January, 1883, the freehold of the surface rights of the squatted land to the extent\nof 160 acres to each squatter.\nOn the 12th day of June, 1883, the Lieutenant-Governor in Council rescinded the\nreservation of the 30th June, 1873, and reserved all public lands lying within the following\nboundaries in furtherance of the construction of the Island railway:\u2014\n\" A tract of land bounded on the south by a straight line drawn from the head of\nSaanich Inlet to Muir Creek, on the Straits of Fuca; on the west by a straight line drawn\nfrom Muir Creek aforesaid to Crown Mountain; on the north by a straight line drawn from\nCrown Mountain towards Seymour Narrows to the fiftieth parallel of latitude; thence due\neast along the said parallel of latitude to a point on the coast opposite Cape Mudge; and on\nthe east by the coast line of Vancouver Island to the point of commencement.\"\nThis last reservation in effect excluded part of the lands included in the original reservation of 1873, and which had been also reserved to carry out the Clement's Bill. 1 Ed. 7       Inquiry into Grievances of Settlers, E. & N. Railway Lands.       347\nIn the meantime, on the 9th day of May, 1883, the Dominion Government had, on consideration of the despatch of the Provincial Government of the 10th day of February, 1883,\nrecommended certain propositions as a final adjustment of all differences between the two\nGovernments, proposing, among other things, that the Dominion Government should appropriate lands on Vancouver Island, and the sum of $750,000, to a Company to be incorporated at\ntheir instance by the Legislature of British Columbia, and which Company should give satisfactory security for the completion of the railway from Esquimalt to Nanaimo.\nThe Dominion Government declined to make the railway a Government work, which\nthey claimed Chapter 13 of the Statutes of 1883 virtually did; and on the 23rd day of June,\n1883, appointed Sir Alexander Campbell to personally communicate with the Provincial\nGovernment on various questions unsettled between the two Governments, and to urge a\nspeedy meeting of the Provincial Legislature to amend Chapter 13, of 1883; and to communicate with Mr. Dunsmuir, or other capitalists desirous of forming a Company, to construct\nthe railway.\nOn the 17th day of August, 1883, Sir Alexander Campbell wrote the following letter : \u2014\n\" At Victoria, Nth August, 1883.\n\" Dear Mr. Smithe,\u2014I should be glad to have a reply to my inquiry about the treatment to be accorded to bona fide settlers anterior to the setting aside of the railway belt\nbetween this place and Nanaimo. As I mentioned to you, I promised to send a reply to the\npersons who waited on me.    I should be glad to carry out this promise before leaving.\n\" Yours faithfully,\n(Signed)        \"A. Campbell.\"\nTo this letter Mr. Smithe replied :\u2014\n\"Victoria, B. C, 17th August, 1883.\n\" Dear Sir,\u2014Concerning your inquiry about the treatment to be accorded to bona fide\nsettlers anterior to the setting aside of the railway belt between Esquimalt and Nanaimo, I\nhave no reason to believe that there can be any such settlers, as the right to pre-empt existed\nbefore and at the time the railway reservation was established. Persons desiring to settle at\nthe time would have preferred pre-empting to squatting upon the land.\"\n\" Yours, etc.,\n(Signed)        \" Wm. Smithe.\"\nOn the 20th day of August, 1883, a memorandum of the arrangement made between the\ntwo Governments was signed by the representative of each Government, and on the same day\na contract for the construction of the railway was executed by Mr. Dunsmuir and his\nassociates and Sir Alexander Campbell, and placed in escrow pending sanction by both\nLegislatures, the Government of British Columbia agreeing to obtain the assent of the contractor to the purchase by settlers of surface rights at one dollar per acre; the Government\nof Canada agreeing to grant to the contractor all the land on Vancouver Island granted to\nthe Dominion Government by Chapter 13 of 1883, and all coal, minerals and substances in\nor under such lands, and also the foreshore rights, with the right to the coal and other minerals under the foreshore, in so far as such coal, minerals and substances and foreshore rights\nwere owned by the Dominion Government.\nOn the 5th and 7th days of December, 1883, petitions were presented to the Legislature\nof British Columbia then in session (Sessional Papers, 1884, pp. 5 to 11) from residents of\nNanaimo and Comox, protesting against the Settlement Act, and submitting for the consideration of the Legislature their objections, among other things :\u2014\n\" That the Settlement Bill virtually creates a monopoly, inasmuch as it makes no stipulation that the Dominion Government shall transfer the railway reserve to the Railway Company\nunder provisions that shall secure to the public the right to purchase agricultural, timber and\ncoal lands at any fixed price, or in any definite quantity, or that the regulations provided for\nthe purchase of coal lands from the Dominion Government in other parts of the Dominion\nhave not been made to apply to the Vancouver Island Railway Reserve.\"\nThese petitions were signed by fifty-four of the claimants who had signed the petition to\nthe Governor-General before referred to, and were read, received and laid on the table, and\nordered to be printed. 348 Inquiry into Grievances of Settlers, E. & N. Railway Lands.       1901\nOn the 7th day of December, 1883, (B. C. Journals, 1884, p. 11) orders were granted for\nReturns showing the names of all persons who, during the present year, had made claim to\nland within the original reserve on Vancouver Island, the names of those whose claims had\nbeen recognized by the Chief Commissioner of Lands and Works, and the nature, extent and\nlocality of the claims so recognized; and the Return was presented on the 10th day of\nDecember, 1883.\nOn the 12th day of December, 1883, the Honourable the Chief Commissioner of Lands\nand Works was asked by Mr. Grant:\u2014\n\" What acreage of land is held by pre-emption right, or by Crown grant, within the\nlimits of the tract of land on Vancouver Island known as the Railway Reserve, and what\nnumber of acres are so reserved ?\"\nThe Leader of the Government was also asked :\u2014\n\"What steps, if any, were taken by the Government to make the value of the Vancouver Island Railway Reserve and the land in Peace River known to capitalists in Canada,\nEurope and the United States, before concluding the present arrangement with the Dominion\nGovernment 1\"\nOn the 12th day of December, 1883, Mr. Dingwall asked :\u2014\n\" Is the Comox Valley, or any part of the District, open to settlement there; if so, on\nwhat terms 1\"\nThe Honourable the Chief Commissioner of Lands and Works replied :\u2014\n\" No part of the Comox District is open for settlement any more than it has been during\nthe last ten years. Settlers can, of course, hold Crown lands by occupation, pending the\nsettlement of the Island railway question. Intending settlers are advised to that effect by\nthe Immigration Agent.\n\" Provision is made in the Settlement Bill now before the House for the sale of the land\nwithin the Railway Belt at one dollar per acre, by the Provincial Government acting as agents\nof the Dominion Government.\"\nBy chapter 14 of 1883-1884, \"An Act relating to the Island Railway, the Graving Dock\nand the Railway Lands of the Province,\" commonly known as the Settlement Act, which was\nintroduced on the 7th December, 1883, read a third time on the 18th, and assented to on the\n19th day of December, 1883, the Legislature of British Columbia, after reciting that negotiations between the two Governments had been pending relative to delays in the commencement\nand construction of the Canadian Pacific Railway, and relative to the Island Railway *\n* * and railway lands of the Province, and that it had been agreed\u2014\n(a.) To amend the grant to the Dominion Government of the lands on the Mainland\nfor Canadian Pacific Railway purposes, so that the same extent of British Columbia lands on\neach side of the line wherever finally settled should be granted to the Dominion Government\nin lieu of the lands conveyed by chapter 11 of 1880:\n(b.) That the Government of British Columbia should obtain authority of the Legislature\nto grant to the Government of Canada that portion of the lands set forth and described in Act\nNo. 15 of 1882 (the Clement's Bill), extending from the south boundary thereof to a line running east and west half way between Comox and Seymour Narrows, and also a further portion\nof the lands conveyed by the said Act to the northward of and contiguous to that portion of\nthe said lands last specified, and equal in extent to the lands within the limits thereof which\nmight have been alienated from the Crown by Crown grant, pre-emption or otherwise:\n(c.) The Government of British Columbia was to obtain authority to convey three and a\nhalf millions of acres of land in Peace River District to the Dominion Government:\n(d.) The Government of British Columbia were to procure the incorporation, by Act of\ntheir Legislature, of certain persons to be designated by the Government of Canada for the\nconstruction of the railway:\n(e.) The Government of Canada, upon the adoption by the Legislature of British Columbia\nof the Agreement, were to seek the sanction of Parliament to contribute $750,000 to the\nconstruction of a railway from Esquimalt to Nanaimo, and they agreed to hand over to the\ncontractors who might build such railway the lands which were or might be placed in their\nhands for that purpose by British Columbia: (f.) The lands on Vancouver Island to be so conveyed, except as to coal and other\nminerals, and except as to timber lands, were to be open for four years after the passing of this\nStatute to actual settlers for agricultural purposes at the rate of $1.00 per acre to the extent\nof 160 acres to each settler, and in any grants to settlers the right to cut timber for railway\npurposes, and right of way for the railway, and stations and workshops, were to be reserved:\nSub-section (f) also provided that until the railway should be completed, the Provincial\nGovernment should be the agents of the Government of Canada for administering, for the\npurposes of settlement, the lands so conveyed, and might issue records to actual settlers:\nThe moneys received by them were, however, to be paid over to the credit of the Dominion\nGovernment, and such moneys, less expenses, on completion of the railway to the satisfaction\nof the Dominion Government, were to be paid over to the railway contractors.\n(q.) *****\n(h.) *****\n(i.) *****\n(k.) This Agreement was to be taken by the Province in full of all claims up to that date\nby the Province against the Dominion in respect of delays in the commencement and construction of the Canadian Pacific Railway, and in respect of the non-construction of the Esquimalt\nand Nanaimo Railway, and was to be taken by the Dominion Government in satisfaction for\nadditional lands under the Terms of Union, but should not be binding unless and until the\nsame should be ratified by both Legislatures. And the Act further recited that the said\nagreement should be ratified, and provision should be made to carry out its terms.\nBy the Act it was then enacted:\u2014\nSec. 1.  That the thereinbefore recited agreement should be, and the same was thereby,\nadopted.\n*****\nSec. 3 granted to the Dominion for the purpose of constructing, and to aid in the construction, of the railway, and in trust to be appropriated as they might deem advisable, but save\nas thereinafter excepted, all that tract of land on Vancouver Island bounded on the south by\na straight line drawn from the head of Saanich Inlet to Muir Creek, on the Straits of Fuca;\non the west by a straight line drawn from Muir Creek aforesaid to Crown Mountain; on the\nnorth by a straight line drawn from Crown Mountain to Seymour Narrows; and on the east\nby the coast line of Vancouver Island. And including all coal, minerals and substances whatsoever thereupon, therein and thereunder.\nSec. 4 excepted from the grant that portion thereof lying to the northward of a line\nrunning east and west half way between the mouth of the Courtenay River (Comox District)\nand Seymour Narrows.\nSec. 5 provided that the Government of Canada should be entitled, out of the excepted\ntract, to lands equal in extent to those alienated up to the date of the Act by Crown grant,\npre-emption or otherwise within the limits of the grant.\nSec. 6 enacted that the grant should not include any lands then held under Crown\ngrant, lease, agreement for sale, or any other alienation by the Crown, nor Indian Reserves or\nsettlements, or naval or military reserves.\nSec. 26 enacted that the existing rights of any persons or corporations in any of the\nlands to be acquired by the company incorporated by the Act should not be affected by the\nAct.\nSec. 23 provided that the company should be governed by sub-section (f) of the before\nrecited agreement, and that each bona fide squatter who had continuously occupied and\nimproved any of the lands within the tract to be acquired by the company from the Dominion\nGovernment for a period of one year prior to the first day of January, 1883, should be entitled\nto a grant of the freehold of the surface rights of the said squatted land, to the extent of 160\nacres to each squatter, at the rate of $1.00 per acre.\nSec. 7 granted to the Dominion Government three and a half million acres of land\nin the Peace River District.\nBy Chapter 6, 1884, of the Dominion Statutes, \" An Act respecting the Vancouver Island\nRailway, the Esquimalt Graving Dock and certain Railway lands of the Province of British\nColumbia granted to the Dominion,\" the agreement before recited and the agreement with the\ncontractors to build the railway were approved of and ratified by the Dominion Legislature. 350 Inquiry into Grievances of Settlers, E. & N. Railway Lands.        1901\nBy sections 3 and 7, the Governor in Council was empowered to grant a subsidy of\n$750,000, and the lands and minerals granted to the Dominion Government by the Provincial\nstatutes, and also the foreshore rights and the coal and other minerals under the foreshore or\nsea opposite any such land, in so far as such foreshore rights and coal and minerals were vested\nin Her Majesty as represented by the Dominion Government, on completion of the work to\nthe satisfaction of the Governor in Council, but subject nevertheless to the same provisions as\nto grants of surface rights to settlers and squatters as are contained in the Provincial statutes;\nand\nBy section 7, provision in the same terms as in the Provincial statutes was made for the\nadministration of the land by the Provincial Government, as agent for the Dominion\nGovernment.\nBy sub-section (4) of section 7, the price of timber lands was to be fixed by the Dominion\nGovernment or the Railway Company; and\nBy sub-section (5) of the same section, the existing rights of any persons or corporations\nin any of the lands to be acquired by the Company were not to be affected.\nOn the third reading of this Act, Mr. Gordon, member for Nanaimo, called attention to\nthe fact that a number of persons had squatted on the lands and claimed mineral rights.\nAcquisition of Crown Lands and Crown Mineral Lands on Vancouver Island.\nThe Island of Vancouver, \" together with all royalties of the seas upon the coast and all\nmines Royal thereto belonging,\" was granted by Her Majesty on the 13th January, 1849, 12\nVictoria, to the Governor and Company of Adventurers of England trading into Hudson's\nBay, \" to the intent that the said Governor and Company should establish a settlement of\nresident colonists and should dispose of the land there as might be necessary for the purposes\nof colonization.\"\nThe Company sold lands, reserving all minerals, but licensed their grantees to mine for\ncoal, should they think proper to do so, under the lands acquired by them from the Company,\nupon paying a royalty of two shillings and sixpence per ton.\nSeveral thousand acres of land were sold by the Company on these terms.\nThe grant of the Company was subsequently surrendered, and the Crown lands were\nadministered by the Governor of Vancouver Island, and subsequently the Crown lands were\nplaced at the disposal of the Legislature.\nVancouver Island Laws.\nBy a Proclamation, 19th February, 1861, land in certain districts might be pre-empted.\n21st March, 1861, the provisions of above proclamation were extended to the whole of\nVancouver Island and its dependencies.\n9th May, 1861, provision was made for leave of absence from pre-emptions.\nThe Vancouver Island Land Proclamation, 6th September, 1862, repealed previous\nproclamations and authorised sale of public lands by auction and the pre-emption of land which\nwas not reserved and not the site of an existent town, or auriferous land available for mining\npurposes or an Indian reserve or settlement.\nThe pre-emptor was required to record and to enter into possession, to \"occupy,\" and to\nimprove the land to the extent of $2.50 per acre, and pay 4s. 2d. per acre for it.\nThe Governor had power, until conveyance, to grant leases for any terms of years, of all\nor any minerals under pre-empted lands.\nThe Colony of Vancouver Island was united to the Colony of British Columbia, the union\ntaking effect 17th November, 1866.\nBy an Act, No. 22, 1869, of the Legislature of British Columbia (The Mineral Ordinance,\n1869), proclaimed as to Vancouver Island, 20th October, 1870, provision was made for the\nacquisition and working of mineral lands, and coal and other minerals other than gold.\nBy section 2, application had to be made in writing, to the Assistant Commissioner of\nLands and Works for the district where the land required was situate, for a prospecting licence\nover such land, not exceeding two years from date of application.\nBy section 3, the applicant, after locating the land, was to give a written description,\ntogether with a plan showing the boundary posts set up and stating other land marks.    The application and plan were to be in duplicate, one to be filed of record in the Assistant Commissioner's office, and the other to be transmitted to the Chief Commissioner, to be retained\nfor general reference.\nBy section 8, no prospecting licence was to issue until the applicant had proved, to the\nsatisfaction of the Assistant Commissioner, that he had posted notice of his intention to apply,\non the land required and on the Court House, for fourteen clear days, or if the ground hadbeen\npreviously recorded, then for one month previous to his application, and that no valid opposition had been substantiated before the Assistant Commissioner.\nOn proof of the preliminary requirements, the Assistant Commissioner was to issue the\nprospecting licence.\nBy section 10, upon proof satisfactory to the Assistant Commissioner that the applicant\nhad bona fide worked for coal, etc., during the term of two years, the applicant was entitled\nto an extension for a second period of one year, and such further time as the Governor should\nthink fit.\nBy section 11, the prospecting licence might include :\u2014\n(1.) For coal alone, 500 acres to each individual applicant, or 2,500 acres to an association or company consisting of not less than 10 persons.\n(2.) In the case of minerals other than coal or gold, not exceeding 100 acres to each\nindividual applicant, or 500 acres to any association or company of not less than 10 persons,\nout of which the licensee might select the mineral land to be included in the Crown grant.\nBy section 15, priority of record gave priority of right.\nBy section 17, the licensee could acquire a right of road or railway to the sea.\nThe price of coal lands up to and including 1,000 acres was fixed at $5 per acre, but if\n$1,000 were beneficially expended the grant would issue for 1,000 acres without payment of\nthe upset price.\nThe price for mineral lands containing other than coal or gold, for a quantity not exceeding 3 chains by 2 chains, was fixed at $100, with costs of survey.\nIn the case of a company, not less than 10, for a quantity not exceeding 30 chains by 6\nchains, the price was fixed at $250, with costs of survey; but if the licensee had expended\nnot less than $1,000 in bona fide mining, or if an association or company of three or more had\nexpended not less than $500, the Crown grant could issue without payment of any, or of only\na portion, of the upset price.\nIt was provided that nothing in the Ordinance was to limit or affect the rights of the\nCrown in Crown lands, or the right to grant or lease tracts of land for mining purposes on\nany special application, or to make reserves for Government or other public purposes.\nBy the Land Ordinance, 1870, the former land laws were repealed. Under this Ordinance, unoccupied, unsurveyed and unreserved Crown Lands, to the extent of 160 acres, on\nVancouver Island might be pre-empted. The intending pre-emptor had to obtain permission\nin writing from the Land Commissioner to enter on the land. Within thirty days he had to\nenter into possession and mark out the land applied for on the ground, and make a written\napplication to the Commissioner to have his claim recorded.\nThe Commissioner then recorded the land as a pre-emption claim, making a record in\ntriplicate ; the original was to be handed to the pre-emptor and the duplicate was to be\nretained by the local land Commissioner for reference, and the triplicate was forwarded to the\nhead office at the Lands and Works Department, and after there being examined and passed\non, and if found in accordance with the Act, was finally entered in the Land Office Pre-emption Register.\nTo obtain a grant the pre-emptor had to permanently \"occupy\" his pre-emption claim\nfor four years. Such occupation had to be a continuous bona fide personal residence of the\npre-emptor on his pre-emption claim, and he was not to be absent from it for any one period\nexceeding two months in the year without permission in writing of the Land Commissioner,\nand then for any period not exceeding, altogether, four months in any one year.\nThe permission had to be issued in duplicate, the original to be handed to the pre-emptor\nand the duplicate to be retained of record in the Land Commissioner's office.\nOn showing good cause, to the satisfaction of the Land Commissioner, the pre-emptor\ncould obtain a licence to substitute. This had to be in writing and in duplicate, and the\nduplicate retained of record in the Land Commissioner's office.\nAfter making improvements to the extent of $2.50 per acre, upon proving that he had\ndone so by the declaration  in writing, of himself and  two  other persons, that he had made 352 Inquiry into Grievances of Settlers, E. & N. Railway Lands.       1901\nsuch improvements and had \" occupied \" his pre-emption from the date of record, he could\nobtain a certificate of improvements. Such certificate had to be in triplicate, and the\noriginal went to the pre-emptor and the duplicate was to be filed in the Land Commissioner's\noffice, and the triplicate sent to the head office of the Lands and Works Department, and the\nissue of the certificate was to be noted on the pre-emption record.\nAfter the grant of this certificate, but not before, the pre-emptor might transfer his preemption right to any person entitled to hold a pre-emption claim, subject to the provisions of\nthe Ordinance as to \" occupation \" forfeiture and payment for the land.\nThe transfer had to be in writing, and signed in the presence of the Commissioner, and\nto be in triplicate, and the duplicate and triplicate to be retained and filed of record in the\noffices of the Land Commissioner and the head office.\nOnly one pre-emption claim was to be held at a time, under forfeiture of any prior claim\nand improvements on it.\nAfter the Government had surveyed the land, the person registered for it in the Preemption Register, if a certificate of improvements had been issued in respect of it, and the\ncondition of four years' occupation had been fulfilled, could purchase it at $1 per acre, the\nfirst instalment to be paid to the Land Commissioner within three months after the service\nof notice requiring payment, or within six months after notice in the Government Gazette.\nUpon payment and proof of written notice having been posted for a period of 60 days,\nand fulfilment of the provisions of the Ordinance, the Crown grant issued, the only reservation of minerals being gold and silver.\nThe right was also given the Crown to resume not exceeding one-twentieth of the land,\nfor making roads and other works of public utility.\nThis Act remained for some time, the principal Act being amended by Chapter 31 of\n1872, dealing with water rights for agricultural purposes, and by Chapter 1 of 1873.\nBy this latter Act permission was given to pre-empt by agent, duly authorised in writing.\nProvision was made as to the manner of marking the boundaries of pre-emption claims.\nBy section 6, the pre-emptor became entitled to a Crown grant as soon as he obtained a\ncertificate of improvement.\nProvision was also made for throwing open such unappropriated lands, as the Governor\nin Council might deem expedient, to public sale at an upset price of not less than $1 per acre.\nFree Grants.\nProvision was also made authorising the Lieutenant-Governor to appropriate public lands\nconsidered suitable for settlement and cultivation, not being mineral lands, under regulations\nto be made by Order in Council.\nBefore any person could be located for a free grant he had to make affidavit, among other\nthings, that the land applied for was suitable for settlement and cultivation and not valuable\nchiefly for minerals, and that the location was desired for actual settlement and cultivation\nand not for the purpose of gold, silver and other minerals.\nSection 25. And no Crown grant was to issue for a free grant until certain specified\nsettlement duties had been performed.\nIn the case of a location under the free grant provisions, the land was to be free of debts\nor liabilities contracted or incurred before the issue of a Crown grant, and after its issue was\nto be exempt from execution or sale for debts during twenty years next after the date of\nthe location.\nIt was further provided that nothing should be construed to exempt any land from levy\nor sale for taxes.\nThe form of the Crown grant under the principal Act was also verbally amended to\nmeet the change of British Columbia having become a Province instead of a Colony.\nBy the Mineral Ordinance, 1869, Amendment Act, Chap. 3, 1873, 21st February, 1873,\u2014\nSection 7, Prospecting Licences for coal were done away with.\nSection 2 authorised the sale of coal lands on and after the 21st July, 1873, at such price,\nnot less than $1 per acre, as the Lieutenant-Governor in Council might determine.\nBy section 3 it was enacted that any person desiring to carry on coal mining upon any\nunsurveyed tract of land should be protected in the possession of the tract on  which mining 1 Ed. 7     Inquiry into Grievances of Settlers, E. & N. Railway Lands. 353\nwas carried on, provided before, entering and working he made a written application to purchase the land, accompanied by a description setting forth the situation and dimensions of the\nland and accompanied by payment of the price, estimating the number of acres not to\nexceed 640.\nThe application had to be filed in the office of the Lands and Works Department,\nVictoria, and upon an authentic survey being made of the land, the claimant, provided that\nthe mine had been continuously and bona fide worked between application and survey, became\nentitled to a Crown grant.\nSection 4 required that coal lands held under any prospecting licence issued under the\nMineral Ordinance, 1869, should be continuously and bona fide worked.\nFurther provision was made as to acquiring rights of way over the lands of other persons\nand for obtaining land for shipping facilities.\nBy section 21 any Crown grant under the Mineral Ordinance of minerals other than coal\nwas to pass the precious metals to the grantee, and such grant was not to contain any\nreservation of the right of the Crown to any gold or gold ore.\nOn the 30th day of June, 1873, the Provincial Government reserved the Railway Belt on\nVancouver Island.\nSo that the laws governing the acquisition of Crown lands and of minerals contained in\nthem at the time of this reservation were:\u2014\nThe Land Ordinance, 1870;\nThe Mineral Ordinance, 1869;\nThe Land Ordinance Amendment Act, 1872;\nThe Land Ordinance Amendment Act, 1873;\nThe Mineral Ordinance Amendment Act, 1873.\nBy Act No. 2, 1874, the different provisions of the land laws were again embraced in one\nAct, but this Act was disallowed and was repealed.\nThis Act purported to allow unreserved land to be pre-empted.\nBy Chapter 5, 1875, \"An Act to amend and consolidate the laws affecting Crown Lands,\"\n22nd April, 1875, the previous Land Acts were repealed.\nUnsurveyed Land.\nWith respect to unsurveyed land, the Act (sec. 3) authorised the record of any tract of\nunoccupied, unsurveyed and unreserved Crown land to the extent of 160 acres on Vancouver\nIsland.\nBy section 5, the person desiring to \" record \" unoccupied, unsurveyed and unreserved\nland was required to place a stake or post at each corner of the land applied for, four inches\nsquare and standing not less than four feet above the ground, and on each post a notice:\n\"A. B.'s land, N. E. post,\" and so on.\nIf such land should not be so staked off and marked, the occupant had no right at law or\nequity therein or thereto.\nThe applicant had also to make and furnish the Commissioner a Declaration, in duplicate,\nin the following form:\u2014\nFORM No. 2.\n\"Land Act, 1875.\"\nDeclaration.\nDistrict of\nI, of ,  do solemnly and sincerely declare, That the\nland for the record of which I have made application, dated the day of 18      ,\nis unoccupied, unsurveyed, and unreserved Crown land within the meaning of the \" Land Act,\n1875,\" and not an Indian settlement, or any portion thereof; that I have staked off and\nmarked such land in accordance with the provisions of the \"Land Act, 1875\"; and such land\nhas not, nor any portion of it, been heretofore recorded, occupied, held or pre-empted by me,\nnor has the same been abandoned by me or any other person for the purpose of my recording\nthe same under the provisions of this Act, nor is my present application to record the same\nmade in trust for, on behalf of, or in collusion with, any other person or persons, but honestly 354 Inquiry into Grievances of Settlers, E. & N. Railway Lands.        1901\non my own behalf for settlement and occupation; and I also declare that I am duly qualified\nunder the said Act to record the said land; and I make this solemn declaration conscientiously\nbelieving the same to be true, and by virtue of the \"Oaths Ordinance, 1869.\"\nDeclared and subscribed by the within named]\non the day of J-\nA.D. 18    , before me, J\nCommissioner or J. P.\nSignature of Declarant.\nAnd if the applicant made in such declaration any statement, knowing the same to be\nfalse, he was to have no right at law or in equity to the land recorded.\nBy section 9, upon compliance with these provisions and on payment of $2 to the Commissioner, the Commissioner was to record the land and give to the applicant, thereafter called\na \" settler,\" a certificate of record in the following form:\u2014\nFORM No. 3.\n\"Land Act, 1875.\"\nCertificate of Record of Unsurveyed Land.\nOriginal (to be retained by Settler) (No. in District Register.)\nName of Settler ,    District of\nDate of Record\nNumber of Acres\nWhere situated\nDescription of boundaries of land\nThe above boundaries are subject to confirmation with and rectification upon official\nsurvey.\nSignature of Commissioner.\nN.B.\u2014Plan of the land to be drawn on the back of this sheet.\nSuch record was to be in triplicate, the original to be handed to the settler, the duplicate\nto be retained by the Commissioner for local reference, and the triplicate to be forthwith\nforwarded to the head office of the Lands and Works Department, Victoria, to be there\nregistered in the Land Office Register.\nWithin thirty days after record the settler was to enter into occupation. If he ceased to\noccupy the land, his claim might be cancelled and all improvements and buildings became\nforfeited to the Crown, and the settler had no further rights therein or thereto and his certificate of record became null and void.\nBy section 11 the occupation required was a continuous bona fide personal residence of\nthe settler, his agent or family.\n12. The settler, his agent and family, were entitled to be absent from the land for any one\nperiod not exceeding two months in any one year. If continuously absent for a longer period\nhe was deemed to have ceased to occupy it.\n13. The land was deemed to be abandoned if unoccupied for more than four months in the\naggregate in one year, or for more than two months consecutively.\n14. No person was entitled to hold two claims at the same time, and if he recorded more\nthan two claims he forfeited all right to the prior claim, and to all improvements and buildings\non it, and such prior claim became open to record by any one else complying with the Act.\n15. The settler might have the land he recorded surveyed by a surveyor approved of and\nacting under instructions from the Chief Commissioner of Lands and Works.\nWithin three months after survey, and a deposit of the map in the office of the Commissioner, and notice of survey in the Government Gazette, the \"settler\" had to file a written and\ndated statement, describing the land settled on, and the locality of his improvements, and to\nmake and file with the Commissioner a declaration, in duplicate, in the following form, signed\nby himself (Form 4) and two other persons acquainted with the facts: 1 Ed. 7       Inquiry into Grievances of Settlers, E. & N. Railway Lands.\n355\nFORM No. 4.\n\"Land Act, 1875.\"\nDeclaration,\nDistrict of\nWe, , of , of and of ,\nseverally declare; and first I, the said , for myself say:\u2014\n1. That the land in respect of which I have filed a written statement, dated the\nday of , 18    , with the Commissioner for the District of , is the\nland which I claim by virtue of a record, dated the day of , 18    .\n2. That I have occupied in manner prescribed by the \"Land Act, 1875,\" the land recorded\nby me on the said day of , 18 , from the time of the said record up to\nthe present time.\n3. And I make this solemn declaration, conscientiously believing the same to be true,\nand by virtue of the \"Oaths Ordinance, 1869.\"\n4. And I, the said , for myself, declare and say that the statement of the said\ncontained in paragraph 2 of this declaration is true, and I make this solemn\ndclaration conscientiously believing the same to be true, and by virtue of the \"Oaths Ordinance, 1869.\"\n5. And I, the said , for myself, declare and say that the statement of the said\ncontained in paragraph 2 of this declaration is true, and I make this solemn\ndeclaration conscientiously believing the same to be true, and by virtue of the \" Oaths Ordinance, 1869.\"\nDeclared and signed by , on the\"!\nday of , 18    , before me,        \/\nCommissioner or J. P.\n18\nDeclared and signed by\nday of\nCommissioner or J. P.\nDeclared and signed by\nday of\n, on the\"!\nbefore me,        J\n, on the^\nbefore me,        J\nCommissioner or J. P.\nSignature of Declarant.\nSignature of Declarant.\nSignature of Declarant.\nAfter the expiration of such three months, the Commissioner was to record such land in\nthe name of the settler as a \"homestead settler.\"\nBy section 16, if the settler failed to make and furnish such written statement and declaration, or if the declaration were fraudulently obtained, or if it contained wilfully false statements,\nthe land recorded, with all improvements, was forfeited to the Crown, and such settler had no\nfurther right therein or thereto.\nWhen the land became included in an official survey, the settler had to proceed as in a\ncase where the survey had been made at his own instance, and on his fulfilling the requirements\nof the Statute he could be recorded as a \"homestead settler.\"\nIf he failed to do so, the like consequences attached as in a case of failure where the land\nhad been surveyed at his own instance.\nBy section 21, the requirements as to making and filing the statement and declaration\nabove mentioned were extended, to cases where a right to land had been acquired previously to\nthe Act of 1875, with the like consequences in case of non-compliance. 356 Inquiry into Grievances of Settlers, E. & N. Railway Lands.       1901\nIn the Case of Surveyed Land.\nSection 24 authorised the pre-emption of any tract of unreserved land to the extent of 160\nacres on Vancouver Island.\nThe applicant had to apply in writing, in duplicate, for leave to pre-empt, and to make\nand furnish the Commissioner a declaration, in duplicate, as follows:\u2014\nFORM No. 5.\n\"Land Act, 1875.\"\nDeclaration.\nDistrict of\nI, , of do solemnly and sincerely declare that the land, for the\npre-emption of which I have made application, dated the day of ,\n18 , is unoccupied and unreserved Crown land within the meaning of the  \" Land Act,\n1875,\" and is not an Indian Settlement or any portion thereof; and such land has not, nor\nhas any portion of it, been heretofore recorded, occupied, held, or pre-empted by me, nor has\nthe same been abandoned by me or any other person for the purpose of my pre-empting the\nsame under the provisions of this Act, nor is my present application to pre-empt the same\nmade in trust for, on behalf of, or in collusion with, any other person or persons, but honestly\non my own behalf for settlement and occupation; and I further declare that I am duly\nqualified, under the said Act, to pre-empt the said land; and I make this solemn declaration,\nconscientiously believing the same to be true, and by virtue of the \"Oaths Ordinance, 1869.\"\nDeclared and subscribed by the within named  on\nthe day of 18    , before me\nCommissioner or J. P.\nSignature of Declarant.\nIf the applicant made any statement in his declaration knowing it to be false, he forfeited all right at law or in equity to the land.\nUpon compliance with these provisions the Commissioner recorded such land in the name\nof the applicant as a \" homestead settler \" and gave him a certificate in the following form:\u2014\nFORM No. 6.\n\"Land Act, 1875.\"\nCertificate of Pre-emption of Surveyed Land.\nOriginal (to be retained by Homestead Settler).    No. in District Register.\nName of Homestead Settler District of\nDate of Pre-emption\nNumber of acres\nWhere situated\nDescription of boundaries of land\nSignature of Commissioner.\nThe record was to be made in triplicate, one for the \" settler,\" and another to be retained\nby the Commissioner for local reference, and the third to be forwarded to the head office of\nthe Lands and Works Department, to be finally registered in the Land Office Pre-emption\nRegister.\nWithin thirty days after record, the \" homestead settler \" was to enter into occupation,\nwhich the Act (section 29) required to be a bona, fide personal residence of the \" homestead\nsettler,\" his agent or family.\nIf he ceased to so occupy the land his claim might be cancelled and all improvements and\nbuildings became forfeited to the Crown. 1 Ed. 7      Inquiry into Grievances of Settlers, E. & N. Railway Lands.       357\nThe \"homestead settler,\" his agent and family, were allowed to be absent from the land\nfor any one period not exceeding two months in any one year, and was deemed to have ceased\nto occupy the land when absent continually for a longer period than two months.\nAnd the land was deemed to be abandoned when unoccupied for more than four months\nin the aggregate in one year, or more than two months consecutively.\nBy section 32, lands to the extent of 640 acres might be pre-empted in partnership by\na partnership of not more than four, formed for the purpose of pre-empting and working\nland.\nEach partner, however, had to represent his interest in the firm by actual residence, but\nit was not necessary for each partner or his agent to reside on his particular pre-emption.\nPartners or their agents might reside on one homestead, but the homestead had to be\nsituated on some portion of the land pre-empted by such firm.\nTo obtain a certificate of improvements to land so pre-empted it was sufficient to show to\nthe Commissioner that improvements amounting in the aggregate to $2.50 per acre on the\nwhole land had been made on some portion thereof.\nThe \" homestead settler,\" upon proving to the Commissioner by the declaration in writing\nof himself and two other persons, or in such other manner that the Commissioner might\nrequire, that he had been in occupation of his pre-emption from the date of the record, and\nthat he had made permanent improvements thereon to the value of $2.50 per acre and had\noccupied such land for two years, could obtain a certificate of improvements, which declaration\nwas to be in the following form :\u2014\nFORM No. 8.\n\"Land Act,  1875.\"\nDeclaration.\nDistrict of\nWe, , of , do solemnly and sincerely declare as\nfollows:\u2014\nAnd firstly, I, the said , for myself, declare that I have been in the\noccupation of my pre-emption claim from the date of the record thereof, and have occupied\nthe said claim for the space of two years, and have made permanent improvements thereon to\nthe value of two dollars and fifty cents per acre. [Here set out fully in detail the nature of\nthe improvements^\nAnd secondly, we, , for ourselves, declare that the above-named\nhas been in the occupation of his pre-emption claim from the date\nof  the  record thereof,  and has made permanent improvements thereon to the value of two\ndollars  and  fifty cents per  acre,  the  details whereof are correctly set forth above by the\nsaid\nAnd we make this solemn declaration conscientiously believing the same to be true, and\nby virtue of the \"Oaths Ordinance, 1869.\"\nDeclared and signed by the within named on the\nday of , A.D. 18    , before me,\nCommissioner or J. P. Signature of Declarant.\nDeclared and signed by the within named, on the\nday of A.D. 18    , before me,\nCommissioner or J.P. Signature of Declarant.\nDeclared and signed by the within named, on the\nday of , A.D. 18    , before me,\nCommissioner or J.P. Signature of Declarant. 358 Inquiry into Grievances of Settlers, E. & N. Railway Lands.       1901\nAt the bottom of the form was printed:\n\" Extract from Land Act, 1875\u2014Meaning of ' Occupation.'\n\" The occupation herein required shall mean a continuous bona fide personal residence of\nthe homestead settler, his agent or family, on the land recorded by such homestead settler, but\nIndians or Chinamen shall not be considered agents.\n\" Every homestead settler, as well as his agent and family (if any), shall be entitled to be\nabsent from the land recorded by such homestead settler for any one period not exceeding two\nmonths during any one year. He shall be deemed to have ceased to occupy such land when\nhe shall have been absent continuously for a longer period than two months.\n\" Any such land shall be deemed to be abandoned when the same shall have been\nunoccupied by the homestead settler, his agent or family, for more than four months in the\naggregate in one year, or for more than two months consecutively.\"\nSuch certificate was to be in triplicate, one part to be handed to the \"homestead settler,\"\nand another to be retained by the Commissioner for local reference, and the third part transmitted to the head office of the Lands and Works Department.\nAnd it was the duty of the Commissioner to note the issue of such certificate on the\noriginal pre-emption record, which must have been produced to him at the time of applying\nfor the certificate by the \"homestead settler\" and on the duplicate pre-emption record retained\nin the Commissioner's office.\nBy section 35, no \" homestead settler \" was to hold at the same time two claims by preemption, and any person so pre-empting more than one claim forfeited all right, title and\ninterest to the prior claim recorded by him, and to all improvements thereon, and the land\nincluded in such prior claim became open for pre-emption.\nSection 36. After the grant of the certificate of improvements the Crown grant issued,\nupon payment of $5 therefor, and without payment for the land.\nThere were no reservations of minerals other than gold and silver in such grant.\nBut the Crown had the right to resume one-twentieth for roads * * or other works\nof public utility.\nNo transfer of any surveyed or unsurveyed land pre-empted or recorded, was valid until\nthe Crown grant had been issued.\nBy sections 39, 40, 41, 42, 43, 44, 45, 46 and 47, provision was made for leasing lands by\nthe Lieutenant-Governor in Council for timber and other purposes.\nBy section 41, a \"settler's\" or \"homestead settler's\" claim might be acquired on lands\nleased for timber purposes, but in such case timber could only be cut for use on the claim, and\nif cut for sale or for any purpose other than for use on his claim, or for clearing it, all his\ninterest became forfeited.\nBy sections 48, 49, 50, 51, 52, 53, 54 and 55, provision was made as to water rights.\nBy section 58, an appeal to a Judge of the Supreme Court was given to any person\naffected by any decision of a Magistrate or Commissioner.\nBy section 60, it was provided that the Governor in Council \"shall at any time, by notice,\n*    *    reserve any lands not lawfully held by record, pre-emption, purchase, lease or Crown\ngrant, for the purpose of conveying the same to the Dominion Government, in trust, for the\nbenefit of the Indians or for railway purposes, as mentioned in Article  11  of the Terms of\nUnion, or for such other purposes as may be deemed advisable.\"\nBy sections 61 and 62, unappropriated and unreserved lands were open to purchase at $1\nper acre.\nThe Lieutenant-Governor in Council might order such surveyed lands as he might deem\nexpedient to be put up for public sale at the upset price of $1 per acre.\nIn the case of unsurveyed land the intending purchaser must first have had the land\nrequired surveyed, at his own cost, by a surveyor approved of and acting under the instructions of the Chief Commissioner of Lands and Works, or Surveyor General, but the regulations\nas to the sale, purchase and price, were to be the same as in the case of surveyed land.\nThe Crown grant reserved no other minerals but gold and silver, but gave power to\nresume land, not exceeding one-twentieth of the lands so granted, for making roads * * or\nother works of public utility or convenience.\nSection 83, provided that each Commissioner should keep books of record in which\nshould be entered every record * * or other document relating to, or affecting any preemption claim in his District. 1 Ed. 7     Inquiry into Grievances of Settlers, E. & N. Railway Lands. 359\nBy Chapter 13, 1878 (the Mineral Act, 1878), further provision was made as to the\nacquisition by free miners, of claims for minerals other than coal, and found in lodes or veins,\ndefining the sizes of claims and the terms and conditions under which they might be recorded,\nand providing as to the mode of obtaining Crown grants of them.\nBy Chapter 21, 1879, 29th April, the Land Amendment Act, 1879, it was provided :\u2014\nBy section 1, that the purchase money, or balance thereof, for lands hitherto acquired,\nshould be paid in four equal annual instalments, the first of which should be due and payable\nthree months after notice in the Gazette of survey.\nSection 2, enacted that, if the purchase money were not paid, the records of the claim\nmight be cancelled, and the improvements and any instalments of purchase money previously\npaid might be forfeited, absolutely, to the Crown.\nBy section 4, persons thereafter recording or pre-empting surveyed land should pay $1\nper acre in four equal annual instalments.\nBy section 5, unappropriated, unoccupied and unreserved lands, the surveys of which\nhad been duly made and confirmed by notice in the Gazette, should be open for purchase at\nthe rate of $1 per acre, after such land had been offered for sale at the upset price of $1 per\nacre.    Payment was to be made in full at the time of purchase.\nBy section 6, persons desirous of purchasing unsurveyed, unoccupied and unreserved\nCrown lands were required, in addition to the requirements of section 62 of the Land Act of\n1875, to give two months' notice of their intended application in the Government Gazette,\nand in a newspaper, stating the name of the applicant, the locality, boundaries and extent of\nthe land applied for, together with its distance from mining or mineral claims, such notice to\nbe dated and posted in a conspicuous place on the land sought to be acquired, and in the\nGovernment office, if any, in the District, and for not less than 160 acres, 40 chains by 40 chains.\nBy section 7, every applicant for land under section 62 of the Land Act, 1875, to whom\na Crown grant had not issued, was to comply with the provisions of section 6 of the Amending Act, 1879.\nBy section 8, all notices of surveys were to state the name of the applicant.\nBy Chapter 6, 21st April, 1882, the \"Land Amendment Act, 1882,\" (section 1) of the\nLand Act, 1875, and section 6 of the Land Amendment Act, 1879, were repealed and fresh\nprovisions made as to the sale of unsurveyed land.\nBut that section was not to apply to coal or other mineral lands.\nBy section 6, coal was excepted from Crown grants, and by section 8, the price of coal\nlands on Vancouver Island was fixed at $10 per acre, and on the Mainland at $5 per acre.\nSection 7 provided where any pre-emption claim was abandoned, no cancellation of the\nrecords was necessary, but such pre-emption claim should be considered as waste lands of the\nCrown.\nOn April 21st, 1882, the \"Clement's Bill\" was passed.\nChapter 17, 12th May, 1883 (the Land Amendment Act, 1883), it was enacted (section\n1) that part of section 16 of the Land Act, 1875, should be repealed, and in lieu of an\nabsolute forfeiture in case the \"settler\" who had recorded unsurveyed land had not made and\nfiled a written statement and declaration within the statutory time (three months), the land\nrecorded by such \" settler,\" with all improvements thereon, might be forfeited, and the Chief\nCommissioner of Lands and Works might \" cancel the record of such land in the books of the\nLand Office, in which case the original record issued to the 'settler' should be deemed null\nand void to all intents and purposes whatsoever.\"\nBy section 2, any \"settler\" who had had a survey made in accordance with the land laws,\nat his own expense, of the land recorded by him, under the Land Act of 1875, and who had,\nprior to the passage of the Act of 1883, satisfactorily proved his claim to the lands so surveyed,\nand in the manner provided by the Act (1875), should have his name recorded as a \"homestead settler\" without any further declaration, notwithstanding more than three months\nmight have elapsed between the date of the Gazette notice of survey and the date of the proof\nof such claim.\nBy section 5, lands known to contain minerals in lodes or veins were not to be acquired\nunder the land laws.\nBy chapter 3, 12th May, 1883 (the Coal Prospecting Act, 1883), section 1:\u2014\nEvery person desirous of acquiring unoccupied, unreserved coal lands were required to\napply for a prospecting licence for a time not exceeding one year. 360 Inquiry into Grievances of Settlers, E. & N. Railway Lands.       1901\nBy section 2, the applicant had to give a written description of the land, together with a\ndiagram showing, approximately, the position of the boundary posts, or stating land marks.\nThe application and plan were to be in duplicate and filed of record, and boundary posts had\nto be erected.\nBy section 3, the land had to be taken up in accordance with sections 6 and 7 of the\nLand Act, 1875.\nBy sections 4 and 5, no applicant was to be entitled to a prospecting licence until he\nshould prove to the satisfaction of the Chief or Assistant Commissioner of Lands and Works\nthat he had caused a notice of his intention to apply to be posted on the land and on the\nCourt House of the District for fourteen days, or if the ground applied for, or any part of it,\nhad been previously recorded, then for one calendar month previous to application.\nBy section 5, upon satisfactory proof of compliance with the preliminary requirements, a\nprospecting licence issued on payment of $25.\nBy section 6, upon satisfactory proof of bona, fide exploration for a year, the applicant\nwas entitled to an extension of the term for another year on payment of $50.\nBy section 8, the prospecting licence extended to 480 acres.\nBy section 13, every person desiring to purchase coal lands was required to proceed under\nthe Land Amendment Act of 18S2, and to state that he desired coal land.\nThe price of coal lands on Vancouver Island was fixed at $10 per acre.\nOn the 12th May, 1883, the first \"Settlement Act\" was passed.\nOn the 19th December, 1883, the second \"Settlement Act\" was passed.\nSummary of Certain Provisions of the Laws Regulating the Acquisition of Crown\nLands and of Crown Mineral Lands from the time of the Railway\nReservation in 1873 to 1875.\nIn the case of Pre-emptions:\nOnly unsurveyed and unreserved land could be pre-empted to the extent of 160 acres on\nVancouver Island.\nPermission had to be obtained to pre-empt.\nLand had to be recorded and registered in head office.\nOccupation by bona fide actual personal residence was required.\nImprovements to the extent of $2.50 per acre  had to   be  made  and proved  by  solemn\ndeclaration, and payment of one dollar per acre made before pre-emptor was entitled to\nCrown grant.\nNo transfer could be made until a certificate of improvement had been obtained.\nIn the case of sale:\nUnappropriated and unreserved lands were open for purchase at the rate of not less than\n$1 per acre.\nThe Lieutenant-Governor in Council was authorised to order unoccupied lands  to  be  put\nup at public sale at_an upset price of not less than $1.00 per acre.\nIn the case of Free Grants :\nThe Lieutenant-Governor in Council was authorised to appropriate public lands, not being\nmineral lands, as free grants to actual settlers, to the extent of 250 acres in each case.\nTimber Lands might be leased by the Lieutenant-Governor in Council at rental to be determined by him.\nCrown Mineral Lands, not reserved for Government purposes, could be obtained under the\nMineral Ordinance, 1869, and Amendment of 1873, on complying with its provisions.\nCoal Lands were^for sale at such price as the Lieutenant-Governor in Council might determine, but were not to be sold for less than $1.00 per acre.\nSpecial Mining Grants or Leases:\nThe Lieutenant-Governor in Council had   power  to   make grants or leases of tracts of\nCrown lands for mining purposes, on special application, or on special cause shown. 1 Ed. 7       Inquiry into Grievances of Settlers, E. & N. Railway Lands.       361\nFrom 1875 to 1879.\nCrown Lands could be obtained by record and pre-emption.\nUnsurveyed Lands, not reserved:\nCould be acquired to the extent of 160 acres. After staking and marking the boundaries\nof the claim, application had to be made in writing to record such land, enclosing a full\ndescription and sketch plan.\nA solemn declaration had to be made and filed, showing the land was not reserved and was\nopen for record, and had not been theretofore recorded, occupied, held by or pre-empted\nby the applicant, and had not been abandoned by him or by any other person for the\npurpose of the applicant's recording it; and that the application was not made in trust\nfor, or in collusion with, any other person.\nThe applicant had then to record, paying a record fee and receiving a certificate of record;\nand was then registered as a \" settler \" in the Land Office Pre-emption Register at the\nhead office, Victoria.\nAfter official survey, or survey made under official instructions and approval, the settler\nhad, within three months, to file a written and dated statement, describing the land\nsettled upon and the locality of his improvements, based upon the survey, and also to\nfile a declaration, of himself and two others acquainted with the facts, that the land\nmentioned in the statement was the land he claimed by his record; that he had\n\"occupied\" that land from the time of his record up to the time of his making the\ndeclaration.\nIn the case of failure to make and file this statement within the said time limit of three\nmonths, or if the declaration had been fraudulently obtained, or contained wilfully\nfalse statements, the land recorded and the improvements became forfeited to the\nCrown.\nThe \" occupation \" required was a continuous, bona, fide personal residence of the settler,\nhis agent or family.\nThe \" settler \" had then to become recorded as a \"homestead settler.\"\nSurveyed Lands, not reserved :\nCould be acquired to the extent of 160 acres by applying in writing for leave to pre-empt\nas a \" homestead settler,\" and making and filing a declaration showing that the land\nwas not reserved and was open for settlement, and had not theretofore been recorded,\noccupied, held or pre-empted by the applicant, and had not been abandoned by him or\nby any other person for the purpose of the applicant's pre-empting it, and that the\napplication was not made in trust for, or in collusion with, any other person.\nUpon paying a record fee he was recorded as a \" homestead settler,\" received a certificate\nof record and was registered in the head office, Victoria, in the Land Office Preemption Register.\n\" The \" homestead settler\" could not obtain a Crown grant until he had obtained a certificate of improvement by proving that he had occupied his pre-emption from the date\nof his record, and had made permanent improvements thereon to the value of $2.50\nper acre, and had occupied the land for two years.\nThe \"occupation\" required was a continuous bona fide personal residence of the homestead settler, his agent or family.\nThe \" settler\" could not transfer, and the \" homestead settler\" could not transfer until\nafter a Crown grant had been issued to him.\nAcquisition by purchase :\nLands not reserved were open to purchase at $1 per acre.\nIf unsurveyed, the applicant had to have the survey made at his own expense by a surveyor\napproved of and acting under instructions of the Chief   Commissioner of Lands and\nWorks, or Surveyor-General.\nSurveyed lands:\nThe Lieutenant-Governor in Council had power to cause lands already surveyed to be\nput up at public sale at the upset price of $1 per acre. 362 Inquiry into Grievances of Settlers, E. & N. Railway Lands.       1901\nTimber lands could be acquired by lease.\nCoal lands were for sale at such price as the Lieutenant-Governor in Council might determine,\nbut were not to be sold at less than $1 per acre.\nCrown mineral lands and minerals not reserved could, up till  1877, be acquired under the\nMineral Ordinance, 1869.\nSpecial grants and leases :\nThe Lieutenant-Governor in Council had power to grant or lease Crown lands for mining\npurposes on special application, or special cause being shown.\nIn 1877 provision was made as to minerals other than coal found in veins or lodes.\nIn 1878 this Act, and such portions of the Mineral Ordinance,  1869, and amendment of\n1873, as related to minerals other than coal, were repealed.\nProvision was made as to minerals other than coal found in veins or lodes.\nFrom 1879 to 1882.\nIn addition to the requirements of the Land Act of 1875, as to record and pre-emption,\nthe \"settler\" and \"homestead settler\" were required to pay $1 per acre in four equal annual\ninstalments. The first instalment was due one year from the date of record of the land\nrecorded or pre-empted, but the last instalment was not payable until after the land recorded\nshould be surveyed.\nIn default of payment the record might be cancelled, and the land and improvements,\ntogether with the instalments paid, were to be absolutely forfeited to the Crown.\nA transfer could not be made by a settler, and a homestead settler could not transfer\nuntil after a Crown grant had issued.\nAcquisition by purchase:\nSurveyed lands, not reserved, after having been offered for sale by public auction at an\nupset price of $1 per acre, were open for purchase at that rate. The purchase money\nwas to be paid at the time of the purchase.\nUnsurveyed lands:\nNotice of intended application to purchase had to be published by the applicant in the\nBritish Columbia Gazette, and in a newspaper, and posted on the land, and on the\nGovernment office in the District where the land was situate.\nAfter such notice, and after survey, under instructions and approval of the Chief Commissioner or Surveyor-General, the applicant could purchase at $1 per acre.\nTimber lands could be acquired by lease, at a rental to be fixed by the  Lieutenant-Governor\nin Council.\nMinerals :\nMinerals, other than coal, could be acquired under the Mineral Act, 1878.\nCoal lands, not reserved, were for sale at  such price as  the Lieutenant-Governor in Council\nmight determine, but were not to be sold for less than $1 per acre.\nFrom 1882 to 1884.\nIn 1882 the requirements of the Land Act of 1875, and amendments, were still in force\nas to record and pre-emption, while fresh provision was made as to the manner in which unsurveyed lands, not reserved, might be purchased.\nWhere a pre-emption claim had been abandoned, cancellation of the record was declared\nnot to be necessary.\nCoal lands :\nThe price of coal lands was fixed at $10.00 per acre.\nGold and other minerals, excepting coal:\nThe law was amended and consolidated by Chapter 8 of 1882.\nTimber lands could be acquired by lease, at a rental to be fixed by the Lieutenant-Governor\nin Council. 1 Ed. 7      Inquiry into Grievances of Settlers, E. & N. Railway Lands.        363\nIn 1883 the Land Act was again amended, and instead of absolute forfeiture through\nthe settler on unsurveyed land failing to file a written and dated statement within three\nmonths after survey, the Chief Commissioner might cancel his record.\nWhere a settler on unsurveyed land, not reserved, had had a survey made at his own\nexpense, under Government instructions and approval, of land recorded by him under the\nLand Act of 1875, and had, prior to the 12th day of May, 1883, proved up his claim to such\nland, he could have his name recorded as a \" homestead settler \" without further declaration,\nthough more than three months might have elapsed between the date of the Gazette notice of\nsurvey, and the date of proof of such claim.\nOtherwise, the provisions requiring record, pre-emption and declaration, remained in force.\nNo transfer could be made until Crown grant was issued.\nTimber lands not reserved could be acquired by lease; rental to be fixed by the Lieutenant-\nGovernor in Council.\nMinerals in lodes or veins :\nLands known to contain them  could  not be acquired under the land laws, but under the\nMineral Act, 1882.\nCoal lands:\nA Coal Prospecting Act was passed  regulating  the acquisition of coal lands not reserved,\nand the price fixed at $10.00 per acre.\nFrom the 19th December, 1883, the railway belt on Vancouver Island was under conveyance to the Dominion Government.\nFindings.\nI find that for years before, and at the time \"squatters\" went on these lands, there had\nbeen and were laws governing the acquisition of Crown lands, coal and other minerals, and\ntimber, and enacting what Crown lands could be disposed of, and the terms on which lands\nand minerals, and timber, authorised to be disposed of, could be acquired and title to them\nobtained.\nThat in every such Act the Legislature authorised the reservation of Crown lands, and\nrestricted the acquisition of Crown lands, and coal and minerals on and under them, to unreserved        * *        * Crown lands.\nThat for years previously there had been established by the Legislature, and there, was\nat that time, a regular system of recording and record offices, recording officers and books for\ncarrying out the administration of such Crown lands as were unreserved.\nAnd the laws required persons desiring to acquire Crown lands to record, and provided\nfor their being furnished with a record, certificate of improvements, Crown grant, or lease, as\nthe case might be, and for the records not only to be made in the District office, but to be\nalso registered in the Pre-emption Register at the head office at Victoria.\nApplications had to be made in duplicate.\nNo record was allowed to be made on an application, unless in due form and accompanied\nby the necessary declaration.\nPrinted forms were supplied to applicants, who were required to fill them in and sign\nthem in duplicate, accompanied by declaration in duplicate.\nOne set\u2014application, declaration, and certificate of record\u2014was sent to the head office,\nto be there examined and passed on, and, if found correct, was registered in the Pre-emption\nRegister at the head office of the Lands and Works Department.\nThat there were tribunals established to determine whether persons applying for Crown\nlands, or for records of them, were entitled to do so or not, and the right to appeal was given,\nand tribunals provided to which an appeal could be made against an unsatisfactory decision.\nNo claim in respect of a squatting on this Belt prior to 1875 was put in before me.\nThe lands squatted on were not at the disposal of the Provincial Government, or of any\nofficer of the Provincial Government.\nTheir reservation was required for railway construction, and had been authorised and\napproved of by the Legislature, and from the 22nd April, 1875, before any one squatted on 364 Inquiry into Grievances of Settlers, E. & N. Railway Lands.       1901\nthem, down to the 21st April, 1882, part of this reserved belt was under conveyance to the\nDominion Government for the purpose of constructing, and to aid in the construction, of a\nrailway, the Provincial Legislature having on the 22nd April, 1875, conveyed for such purpose\nthe public lands along the line of railway, not to exceed twenty miles on each side of the line,\n-with the right to contiguous lands.\nAnd no Act of the Legislature was at any time passed placing these lands at the disposal\nof the Provincial Government for any purpose other than railway construction, but, on the\ncontrary, on the 21st day of April, 1882, by the \"Clement's Bill,\" the Provincial Legislature,\nwith the object of obtaining the construction and operation of a railway, enacted that the\nCrown lands, including minerals in that Belt, so squatted on should be reserved and set apart\nfor the purpose of railway construction, and that upon completion of the said railway they\nshould be granted in fee simple absolute to the Railway Company; but that farming squatters\nwho had made permanent improvements, and had permanently resided on any of these lands\nfor not less than two years before the passing of that Act (which would not be later than 21st\nApril, 1880), should be entitled to purchase from the Company the surface rights of such lands\nat one dollar per acre.\nAfter that Company had failed to carry out their part of this contract, and while these\nlands were, under the authority of the Legislature, reserved for the purpose of obtaining the\nconstruction of a railway, the Legislature of the Province, in May, 1883, conveyed them to the\nDominion, in trust, in pursuance of another contract adopted and ratified by the Legislature,\nto convey them to persons who had contracted to build the Island Railway.\nThe lands squatted on, while not under actual conveyance, or agreement to convey, by the\nProvincial Legislature, were reserved by the Provincial Government. For so doing the Government had the authority and sanction of the Legislature, under whose control (leaving aside, if\none can, the question of railway construction) the Crown lands were. The Legislature from\ntime to time, until it finally disposed of and conveyed these lands, authorised their reservation,\nand distinctly enacted that unreserved Crown lands only could be recorded, or pre-empted, or\nacquired for coal or other mining, or for other purposes; and knowing and expecting that these\nlands ought to be, and in fact were, at their disposition, the Legislature did dispose of them.\nThe contention of the Province that the railway should be constructed by the Dominion\nGovernment, and the fact that these lands were being held in reserve to obtain construction of a\nrailway, was a matter of public notoriety, and was the ground of repeated demands on the part\nof the Province for railway construction, and of petitions and memorials from the Government\nand Provincial Legislature to Her Majesty, from the time of the reserve in 1873 until the time\nof the Settlement Act of 1883.\nNot a single Session of the Legislature of British Columbia was held during those ten\nyears without the subject of railway construction coming up before the Legislature in some\nform or other. The Province claimed that it had entered the Confederation under terms of\nagreements and conditions intended not only to form, but to build up, a new Dominion, and\nto secure easy communication from the Atlantic to the Pacific Oceans, and had agreed to aid\nin effecting these objects by a conveyance of its public lands, and complaint was made at an\nearly stage, and reiterated, that to fulfil what the Province claimed were its obligations under\nthe Terms of Union, and to obtain the fulfilment of what it contended was an obligation of\nthe Dominion under those Terms, namely, to construct a railway, the lands in this Belt, valuable for their coal and mineral resources, and easy of access from the sea, had been kept reserved,\nand applications for land for agricultural purposes, and for minerals, and for other purposes in\nthat Belt, had been refused.\nThe \" squatters \" went on these lands without recording or paying record fees:\nUsed them and the timber on them without paying for such use and without paying\ntaxes till 1884, after they had applied for and obtained grants under the Settlement Act.\nThey never mined or prospected for coal or other minerals.\nIn pursuance of the Settlement Act, they applied for and recorded the surface rights :\nApplied for and received grants of such rights under the Settlement Act:\nRegistered their titles under the Land Registry Act, declaring that they were the owners,\nclaiming title under and by virtue of the grants they had obtained under the Settlement Act.\nThe persons who took possession of these lands claim that they should have Crown grants\nissued to them under the Land Acts, as if they had recorded or pre-empted on the date on which they squatted or on the date on which the person squatted whose improvements they\npurchased, but all take the position that $1 per acre should have been paid for the land.\nAnd on failure of the Clement's Bill, there being a mistaken idea that the reservation was\nalso gone, several of them went together and tendered a $1 per acre to the Government Agent\nat Nanaimo, who refused to take it.\nIn the case of a \"squatter\" before the 20th of April, 1879, this would be inconsistent\nwith the Act of 1875, as between the 22nd April, 1875, and the 20th April, 1879, those who,\nby compliance with its provisions in respect of land not reserved, had come under the provisions of that Act and had become \"homestead settlers\" were, on complying with the\nconditions of that Act, entitled to a free grant.\nThe provisions of the Land Act, 1875, if they had been in terms applied to lands reserved\non Vancouver Island, and assuming that such an Act would not have been in contravention\nof the Terms of Union, would have helped materially to defeat the object which the Province\nwas striving to obtain, viz.:\u2014\nThe construction of a railway, and that by or through the Dominion Government, as\nwhere records and pre-emptions were granted under that Act the Crown grants carried coal\nand other base minerals, and as amended by the Act of 1879 the payment was to be $1 per\nacre, while it was evidently contemplated by those who undertook to build the railway and\nwere to get lands and minerals for so doing, were to decide the price and terms on which those\nlands and minerals should be sold.\nBut the Acts respecting the Crown lands could not have any application to the Island\nRailway Belt, as they only authorised record, pre-emption, etc., of unreserved lands.\nNor were the provisions of any such Act complied with or regarded by the persons using\nthese.lands as squatters.\nThey did not apply in the manner required by statute to enable a record or pre-emption\nto be made of land open for record.\nIn the majority of cases they left written applications with the Government Agent.\nThese they treated as if they were their own property; took them away from time to time, in\nsome cases leaving them again for safe keeping, and in others taking them away altogether.\nThey were told these lands were locked up, or reserved, and were not open for record or\npre-emption. They did not make the declaration, and could not truthfully make the declaration which the law required to be made previous to a record being made.\nIn the cases where they applied for coal, they were told they could not get coal.\nIn cases where they applied to purchase, or for timber, they were told the land could not\nbe sold, nor could timber leases be given.\nThey did not appeal from the refusals to record, or other decisions against their requests.\nIn some cases they did not take possession of any land; in some cases they were adding\nto lands already held by them; in some they squatted on lands other than the land mentioned\nin such applications, because they preferred some other piece, or because they had wrongly\ndescribed what they took possession of.\nSales of improvements were made and transfers given, which would have been directly in\nconflict with the land laws if the land could have been recorded, and had been, under those laws.\nPossession was abandoned, and transfers made, though if the provisions of the Land Act\nhad applied, they provided that land should not be abandoned for the purpose of being\nrecorded or pre-empted by some other person, and that before a Crown grant could be obtained\na certificate of improvement had first, to be obtained on proof of \" occupation \" by continuous,\nbona fide personal residence on the land for two years, and of improvements having been made\nto the extent of $2.50 per acre, and no transfer could be made until a Crown grant had issued,\nwhile in some cases improvements had not been made to the extent of $2.50 per acre when\nthe transfer was made.\nA purchaser relying only on his purchase from one who had no legal right would necessarily himself have no rights.\nHere, however, even where the transfer took place after the Legislature had decided in\n1882 what a farming \"squatter\" was to get, and after the Legislature had enacted in 1882\nthat the price of coal lands was to be $10 per acre; and even after the grant had been obtained 366 Inquiry into Grievances of Settlers, E. & N. Railway Lands.       1901\nunder the Settlement Act, the claim is set up, not to get what the Land Acts where they\napplied enacted should be given to those coming under their provisions, but to pass over them,\nchoose the benefit of some Act passed years previously, which in its turn never applied, and\nwhich, if it had been in force as to these lands, could not have benefited, as its provisions\nhad not been regarded either in letter or in spirit.\nSome of the squatters claim that the Agent, though he refused to record, told them that\nif they went on the land they would get the first chance to it, or that their rights would be\nrespected. But I am satisfied that in no case did the Agent, or any member or officer of the\ndifferent Governments who held office, tell them what their rights would be or what they\nwould get; nor did any applicant endeavour to ascertain what he would get if he went on\nand squatted.\nThe reservation of minerals was not an unheard-of thing, and in Nanaimo and vicinity\nthe conveyances from the Coal and Land Companies reserved the minerals. And almost\nwithout exception the squatters had no thought about coal when they squatted, though in one\ncase I believe the applicant, though he was distinctly told that he could not get the coal,\nthought, from some expression of opinion of the Government Agent, that if he went on the\nland he would get something in lieu of it.\nEven if the Government Agent had assumed to define on what terms or conditions a\n\" squatter \" would get the land, including coal and mineral rights or timber, he not only had\nno authority to do so, but would have done so knowing that he had none, for, directly the\nreservation was made, he was notified by the Chief Commissioner of Lands and Works :\n\"Victoria, June 30th, 1873.\n\" Mr. T. L. Fawcett, Nanaimo :\n\" Sir,\u2014I have the honour *       to inform you that the Government have\nreserved a belt of land twenty miles wide, from Esquimalt to Seymour Narrows, and that\nconsequently, no more pre-emptions will be granted on that strip, with the exception of such\nas have had permission granted to them.\"\nNote.\u2014The permission referred to means permission granted to \"occupy\" under the Land\nOrdinance, 1870, and previous to the reservation.\nAnd speaking generally as to pre-emptions made before the reservation, the Chief Commissioner in the same letter, states :\u2014\n\" That the system of granting a leave of absence should be avoided as much as possible.\"\nOn July 3rd 1873,  Mr. Fawcett,  the Government Agent at Nanaimo, wrote the Chief\nCommissioner, as follows :\u2014\n\" Sir,\u2014I have the honour to enclose an application from Joseph Perkins for permission\nto pre-empt at Nanoose Bay. I informed Perkins of the proclamation reserving all the land\non this side of the Island of Vancouver for railway purposes, and that I believed his application was too late to be entertained, but, as he urgently wished me, I forward it to you.\"\nIn reply, dated Victoria, 7th July, 1873, he was told by the Commissioner :\u2014\n\" I have to inform you that I am unable to grant permission to Joseph Perkins to occupy\nland under the Land Ordinance, 1870. I must also draw your attention to my letter dated\n30th ult., with regard to the 20-mile belt reserved along the Vancouver Island shore from\nEsquimalt to Seymour Narrows, on which no land can be pre-empted.\"\nOn the 8th day of December, 1874, Mr. Joseph Ferguson, who had lands at Nanaimo\nRiver, was informed by the Chief Commissioner, as follows :\u2014\n\"I have the honour to acknowledge receipt of your letter dated 3rd December, 1874, in\nreference to your previous application for a timber lease on Nanaimo River, and inquiring as\nto the right of Messrs. Robertson, Carpenter & Co. to cut timber there, and in reply would\nbeg to inform you that no lease has been granted for timber rights on Vancouver Island inside\nthe railway reservation.\"\nMr. Fiddick, who had applied by letter, dated the 8th of July, 1875, to purchase some\nland adjoining his pre-emption claim in Cedar District, was informed by the Chief Commissioner, by letter dated 9th July, 1875, that\n\" This land is not open for sale.\" 1 Ed. 7     Inruiry into Grievances of Settlers, E. & N. Railway Lands. 367\nWith regard to applications to record land, Mr. Fawcett was written to by the Chief\nCommissioner on the 10th of October, 1875, as follows:\u2014\n\" I have the honour to point out that an application to record land, that contains no date\nor signature, and is unaccompanied by a declaration, should not be received or dealt with by\nyou.\"\nMr. John Hemar, a claimant, who purchased whatever interest Albert Fuller had, after\nFuller had obtained a grant under the Settlement Act for lands on which he had squatted,\nhad himself applied to record lands, and being refused by the Government Agent at Nanaimo,\napplied through Mr. Hilbert, of Nanaimo, to the Lands and Works Department, and on the\n17th September, 1878, was informed by the Department :\u2014\n\" The land you desire to obtain is included within the railway reservation, and is therefore neither open for pre-emption nor purchase.\"\nIn March, 1879, the Government Agent at Nanaimo was written to by the Lands and\nWorks Department, and informed that Newcastle townsite was included in the railway\nreservation, and as such could not then be dealt with by the Provincial Government.\nOn the 22nd day of April, 1882, Mr. Bray, Government Agent at Nanaimo, wrote to the\nLands and Works Department, asking\u2014\n\" If there is any land open for pre-emption on the west coast of Vancouver Island in the\nvicinity of Alberni, and if so to what extent ? Some parties here wish to pre-empt or purchase over there, if the land is surveyed and open for pre-emption.\"\nAnd was informed on the 1st day of  May, 1882, that\n\"All lands within the limits of the reserve, the western boundary of which is described\nas follows :\u2014'Bounded on the west by a straight line from Muir Creek to summit of Crown\nMountain (Muir Creek is near Sooke Harbour, north-west of Otter Point), are reserved from\npre-emption or purchase. Lands nearer the boundary line indicated are open for pre-emption\nor purchase under the existing laws.'\"\nThe applicants who desired to comply with existing laws, and who were refused land, and\ncoal and mineral rights and timber, and did not take possession because they could not get\nrights under existing laws, were compelled to give up their intention, or to pre-empt or apply\nfor lands miles away.\nStill, they had no legal rights, nor had the persons who took possession of these lands,\nregardless of any law, any rights, and had the reservation been rescinded earlier, railway or\nno railway, it did not follow that the laws as to lands known to be valuable for their coal and\nminerals and timber, and applications for which had been refused, would always remain the\nsame.\nThe laws had been repeatedly altered previous to the reservation and during the reservation, and since then have been altered to meet the varying requirements.\nBut, even if the laws had remained the same during the reservation, and the reservation\nhad been removed so that these lands could have been acquired under the laws existing at the\ntime those who squatted before 1882 took possession of them, the squatter and other previous\napplicants would not necessarily have obtained the coal by recording a pre-emption, nor by\npaying one dollar an acre for the land, for the price of coal lands, down to 1882, was in the\ndiscretion of the Lieutenant-Governor in Council, while the squatter in 1882 would have had\nto pay $10.00 per acre.\nAnd the timber lands had to be leased at a rental to be determined by the Lieutenant-\nGovernor in Council.\nThat persons had applied for lands and for coal and minerals in the railway belt, and,\nbeing refused, did not take possession of them; and that others had taken possession of lands\nin it without any legal right to them, and that they could only get what legislative enactment\nmight at some future time give, was well known and had been specifically brought to the\nattention of the Legislature from time to time.\nThe terms \" settler,\" \" pre-emptor,\" \" occupy,\" \"occupation,\" were well-known terms in\nthe phraseology of legislative enactment in British Columbia, the Legislature, while preserving\nany existing rights, ignored the applicant who had not taken possession. They dealt with\nthose cases where persons had taken possession of public lands without any legal right to do\nso, and defined them by an appropriate term, \" squatter.\" 368 Inquiry into Grievances of Settlers, E. & N. Railway Lands.       1901\nThey placed all such persons who had \"squatted \" and continuously occupied and improved\nlands up to a certain date on the same footing, irrespective of the date when they took\npossession.\nThey decided in distinct terms in 1882 that \"squatters\" should get the surface rights\nonly, and again did so in the first session of 1883, and again in the session of December, 1883.\nAnd by the first and second Settlement Acts the time up to which \"squatting,\" if accompanied by residence and improvement, would be legally recognised by a grant of surface rights\nwas extended to January, 1882, instead of to April, 1880, as fixed by the Clement's Bill.\nTheir case was also mentioned in express terms in the agreement entered into between\nthe two Governments, and in the contract made for the construction of the railway, and in\nthe Act of the Dominion ratifying the agreement and contract.\nThe persons so taking possession of these lands did not themselves claim they had any\nexisting rights, but claimed to be \"squatters,\" and applied for and acquired title under the\nSettlement Act.\nNo matter how the agreement made with the Dominion Government, or the Settlement\nAct, or the decision of the Legislature as to what \" squatters\" should get, may now be\nregarded, it is clear that it is impossible for them or claimants under them to now acquire the\ncoal or minerals, if any, under the lands squatted on, as such coal and minerals have been conveyed to others.\nClaims Prior to Reservation.\nIn two cases only were claims put forward as coming under the section of the Settlement\nAct saving existing rights.\nOne by Mr. Byron Crawford, who alleged he had purchased, after the reservation, whatever\nrights James Shields had, who was on Crown land prior to the reservation.\nShields, however, was not recorded.\nThere was no written evidence of this transaction, nor any to show that Shields was\nentitled to record. And Mr. Crawford himself applied to record and obtained his title under\nthe Settlement Act.\nAnother by J. B. Holmes, who agreed to purchase from D. Sullivan land to which he\nalleged Sullivan represented he had coal rights through having the land prior to the railway\nreservation. Sullivan, however, applied to record and obtained a grant under the Settlement\nAct, and Mr. Holmes completed his purchase knowing that, and after Sullivan had obtained\nhis grant.\nMr. Sullivan's name also appears in the petition to the Governor-General as having\nresided on this land for six years, which would place him as being first in possession in 1876\nor 1877.\nRight of Way.\nWith respect to the claim for compensation for the right of way, the reservation was for\nthe express purpose of having a railway built through it, and the squatters were well aware\nof this; and it is to be regretted that they did not accept the concession offered them by Mr.\nR. Dunsmuir in the nature of compensation irrespective of the rights of the Company to build\nthe railway without paying for the right of way.\nI beg to express my appreciation of the valuable services rendered by the Secretary, Mr.\nEllis, and by Mr. Bass, the stenographer on this Commission.\nI enclose Appendix, with list of dates useful for reference, and of Land Acts from time\nto time applying to Vancouver Island, and Exhibits; and also the evidence of witnesses.\nI have the honour to be,\nYour Honour's obedient servant,\nE. HARRISON, J.,\nCommissioner.\nvictoria, b. c.\nPrinted by Richard Wolpkkden, Printer to the King's Most Excellent Majesty.\n1901.","attrs":{"lang":"en","ns":"http:\/\/www.w3.org\/2009\/08\/skos-reference\/skos.html#note","classmap":"oc:AnnotationContainer"},"iri":"http:\/\/www.w3.org\/2009\/08\/skos-reference\/skos.html#note","explain":"Simple Knowledge Organisation System; Notes are used to provide information relating to SKOS concepts. 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Library. Sessional Papers of the Province of British Columbia","attrs":{"lang":"en","ns":"http:\/\/purl.org\/dc\/terms\/source","classmap":"oc:SourceResource","property":"dcterms:source"},"iri":"http:\/\/purl.org\/dc\/terms\/source","explain":"A Dublin Core Terms Property; A related resource from which the described resource is derived.; The described resource may be derived from the related resource in whole or in part. 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