HIS MAJESTY, by and with the advice and consent of the

Chap. 129.

1911. Lands, Crown.

CHAPTER 129.

• ' I

An Act respecting the Land of the Crown.

H

Short Title.

I. This Act may be cited as the “ Land Act.” 1908, c. 30, s. I. Short titio.

Interpretation.

2. In the construction and for the purposes of this Act (if not interpretation,

inconsistent with the context or subject-matter), the following terms shall have the respective meanings hereinafter assigned to them:—

“ Minister of Lands ” or “ Minister ” means the Minister of “ Minister of

Lands, and1 any person for the time being lawfully acting in that capacity:

“Deputy Minister of Lands” or'“Deputy Minister” means the “Deputy Minister

person for the time being acting in the capacity of deputy to the Minister of Lands:

“ Commissioner ” means the person in charge of any. land “ Commissioner.”

district, and includes the Minister and Deputy Minister and every person authorised by the Lieutenant-Governor in Council to act as and for the Minister for and within any portion of the Province for which he may be appointed to discharge the duties of a Commissioner under this Act:

“ Crown lands ” means and shall include such ungranted Crown “ crown lands.”

• or public lands or Crown domain as are within and belong to His Majesty in right of the Province, and whether or not any waters flow over or cover the same:

“ Land district ” or “ district ” means any portion of the “ Lana district.” Province for which a Commissioner is appointed under

this Act; and where no Commissioner is appointed, means 1513

“ Unoccupied.” “ Chinese.” “ Crown grant.” “ Legal post.” “ Patented lands.” “ Timber leasehold.” “ Timber limits.” Division of Act.

the portion of the Province where the chief office of the Department of Lands is situate, which shall include ali' portions of the Province in respect whereof no Commis­ sioner has been appointed:

“ Unoccupied ”: Lands shall be deemed to be unoccupied unless

the same are at the time of any application in respect thereof made under this Act subject to some other dis­ position thereof or dealing therewith by the Crown inconsistent with the objects for which the applicant is desirous of acquiring the same, or with his application: “Chinese” means any native of the Chinese Empire or its depend­

encies, and shall include any person of the Chinese race: “ Crown grant ” means any instrument in writing under the

Great Seal conveying land in fee-simple:

“ Legal post ” means a stake standing not less than four feet above the ground, and squared or faced on four sides for at least one foot from the top, and each side so squared or faced shall measure at least four inches on its face so far as squared or faced, and any stump or tree cut off and squared or faced to the above height and size: Provided that when the survey is made, the centre of the tree or stump where it enters the ground shall be taken as the point to or from which measurement shall be made: “ Patented lands ” means lands granted by the Crown during

the period commencing on the seventh day of April, 1887, and ending on the twenty-eighth day of April, 1888: “ Timber leasehold ” means lands included in any timber leases

granted after the thirty-first day of December, 1879: “ Timber limits ” means lands specified and comprised in any

timber licence. 1908, c. 30, s. 2 (part); 1911, c. 29, s. 14

(part). (Pari new.)

Division of Act.

3. This Act is divided into nine parts, relating to the following

subjects:—

Part. Pace.

I.—System of Survey... 1515

II.—Pre-emption of Crown Lands ... 1518

III. —Sale and Free Grants of Crown Lands... 1527

IV. —Leases of Crown Lands ... 1535

V.—Timber Lands ... 1539

VI.—Reserves ... 1553

VII.—Ejectment and Trespass ... 1554

VIII.—Respecting Crown Grants of Lands purchased prior to 1870 ... i... 1556

IX.—Miscellaneous Provisions ... 1558

(New.)

1911. Lands, Crown. Chap. 129.

PART I. System op Survey.

4. Crown lands, where such a system is practicable, shall be laid off and surveyed into quadrilateral townships, containing thirty-six sections, of one square mile in each, by lines running true north and south, crossed by others running true east and west.

(I.) The sections shall be numbered as shown in the following diagram:— N. 31 32 33 34 35 36 30 29 28 27 26 25 19 20 21 22 23 24 18 17 16 15 14 13 7 8 9 IO II 12 6 5 4 3 2 i S. (2.) (3.)

Quarter-section corners shall be established equidistant between the section corners, except on the section-lines closing on the north and west boundaries of townships, on which they are set at forty chains from the last section corner, and excess or deficiency of measure (if any) shall be carried out into the last half-mile, and cast upon the north and west sides of the township:

The quarter-sections composing every section may be divided into quarter quarter-sections of forty acres each, and such quarter quarter-sections may be styled legal subdivisions, bounded and numbered as shown in the following diagrams:— N. 13 14 15 16 12 ii IO 9 5 6 7 8 4 3 2 I S. Plan of townships. Sections, how to be numbered. Quarter-section corners. 1515

Arca of irregular quarter-sections. Lines to be run in closing sections. Lines. Instruments. Section posts. Quarter-section posts. Shape of posts. Posts to be pointed. Secured in the ground.

Marked stone under each post. Fosts in prairies. Mounds. Fosts on rocks. Bearing trees. Lines through timber.

Surveyed lots of six hundred and forty acres may be subdivided into quarters, and. quarter quarters, in the same manner as the subdivisions of sections and quarter-sections:

(4.) The dimensions and area of the irregular quarter-sections shall in ali cases be returned by the surveyor at their actual measurements and contents:

(5.) Ali sections shall be closed by first running a random line east or west, as the case may be, to intersect the opposite corresponding corner post. Should this random line not intersect the post, then the distance shall be measured and a correct’line run (care being taken to note the course) east or west, as the case may be, upon which the quarter- section post shall be established. East and west lines must close within one hundred links:

(6.) Ali lines shall be run to the cardinal points of the compass: (7.) Transits, theodolites, or other instruments, independent of

the magnetic needle, must be used in running lines:

(8.) Section posts shall not be less than four inches square, four feet out of the ground, and scribed with the number of the township and adjoining sections on the sides facing them: (9.) Quarter-section posts shall not be less than three inches

square, three feet out of the ground, and marked “ *4 S.”: (IO.) All posts shall be squared two feet from the top, except

half-section posts, which shall be flattened only on two sides:

(II.) All'posts shall be pointed at the top to shed the water: (12.) Ali posts shall be securely placed in the ground where

practicable:

(13.) Pieces of charcoal or marked stones shall be placed under each post and the fact carefully noted in the field-book: (14.) In prairies, posts shall have mounds raised round them

to a height of at least two feet six inches, either of earth or stones, and the posts to be scribed with the number of the township and section on each side:

(15.) Mounds shall be three feet square at the base. At a distance of one foot from each side of each mound a trench shall be dug at least two feet wide and one foot deep: (16.) On rocks, or where it is impossible to sink posts, they

shall be surrounded by a cairn of rocks at least thirty inches high, the base to be three feet square:

(17.) Four bearing trees shall be taken for every post, the trees being marked “ B. T.,” with distance from post, and faced towards the post:

(18.) The lines through timber shall be thoroughly blazed, two blazes to be made on each tree quartering on the line, so as to be easily distinguished and traced:

(19.) No tree shall be blazed at a greater distance than six feet on either side of the line :•

1516-Blazing.

1911. Lands, Crown. Chap. 129.

(20.) 'AH line trees shall be notched with three notches on each Line trees: side in the direction of the line, and their size, kind of

timber, and distance from the last section corner shall be given in the field-notes:

(21.) Surveys that have been made in any township, or pre- Previous surveyed eruptions, military grants, etc., to be taken up when crossed by section-lines, by township or section lines and measurement made, and

bearings taken to the nearest post, in such a manner that the fractional quarter-sections can be plotted and computed accurately. 1908, c. 30, s. 3.

5. Field-books must be ruled up the centre of the page to represent the line that is being run, and the notes kept from the bottom towards the top, with sketches on each side; at the bottom of the page must be written the bearing of the line (true or magnetic) and the direction in which it has been run:

(I.) The first entry in the field-book each morning shall be the date:

(2.) The surveyor shall make full notes, as he proceeds, of the character of the country, nature of the soil, lakes, timber, etc., on both sides of the line:

(3.) Ali field-notes must be clearly and distinctly made in pencil on the spot; no additional notes should be entered with the original notes after the day on which the latter are written. Duplicates, are to be kept in

ink:-(4.) Plans must be plotted on a scale of four inches to a mile, showing ali the information contained in the notes, with number of page in the field-book written on each section­ line:

(5.) The chaining must be as correct as possible, and the chain frequently tested by a standard measure:

(6.) Ali streams or rivers that are crossed shall be noted, also their width, volume, and direction :

(7.) Prairie land, timber, nature of soil, etc., shall be carefully noted:

(8.) The surveyor shall describe each section as he completes its survey in his notes, as regards soil, timber, etc., and on the completion of a survey of a township will append a general description of the said township:

(9.) Meander posts .shall be placed on the banks of large rivers, lakes, and on the sea-coast; and meanders made along such banks or sea-shore where necessary, so as to obtain the exact acreage of each fractional section. Meander-lines must close to one hundred links:

(IO.) Bearings and distances to bearing trees shall be carefully noted; also the kind of timber and size of the trees:

(II.) Indian villages or settlements, houses and cabins, fields, or other improvements shall be carefully noted:

1517

Field-books.

Date.

Character of country, soil, etc.

Ali entries to be made on the spot.

Flans.

Chaining. Rivers.

Prairie land, timber, etc.

Each section to be described as regards soil, timber, etc.

Meander posts.

Bearings.

Description of settlers and their claims, etc.

Roads and trails.

How townships are to be surveyed. Field-notes to be ' sworn to. No mileage for random lines. Minister may designate person to survey.

Who may record unsurveyed lands.

(12.) Any unsurveyed pre-emption claims shall be shown on plans as correctly as possible. Settlers’ houses and improvements shall be carefully described. The names of ali bond-fide settlers shall also be carefully noted: (13.) Ali roads and trails, with their directions whence and

whither, shall be carefully noted:

(14.) The surveyor shall commence the survey of each town­ ship at the south-east corner, and complete the eastern tied of sections, namely: Nos. I, 12, 13, etc., first; then return to the southern boundary of the township and complete the second tier of sections, namely: 2, II, 14, etc., and so on until the township is completed. In cases where it is found absolutely necessary to deviate from this rule, the duplicate notes shall be arranged and copied in regular order, as if no such irregularity had taken place:

(lo.) The field-notes and duplicates must he sworn to as correct by the surveyor before some person duly authorised to administer oaths within the Province, prior to their accept­ ance by the Minister or his agent:

(16.) The random lines run by a contractor shall not be included in mileage to be paid for. 1908, c. 30, s. 4; 1911, c. 29, s. 14 {fart).

6. Noth withstanding anything in this or any other Act contained, the Minister may designate any person or persons possessing such qualifications as he may deem fit to make any Government survey or surveys that may be authorised by the provisions of this Act. 1911, c. 29, s. 14 {pari).

PART II.

Pre-emption of Crown Lands. Persons toho may pre-empt Land.

7. (I.) Except as hereinafter mentioned, any person being a British subject, and further being—

(®.) The head of a family; (6.) A widow;

(c.) A feme sole who is over eighteen years of age and self- supporting ;

(d.) A woman deserted by her husband;

(e.) A woman whose husband has not contributed to her support for two years;

(/.) A bachelor over the age of eighteen years,—

may, for agricultural purposes only, pre-empt any tract of unoccu­ pied and unreserved Crown lands, not being an Indian settlement,

and not exceeding one hundred and sixty acres in extent. (2.) Such right shall not extend—

1911. Lands, Crown. Chap. 129.

(a.) To any of the aborigines of this continent, except to such

as shall have obtained permission in writing to so record by a special order of the Lieutenant-Governor in Council: (b.) To the foreshore and tidal lands:

(c.) To the bed of the sea or lands covered by any navigable water.

(3.) Any alien upon his making a declaration of his intention to become a British subject before a Commissioner, Notary Public, Justice of the Peace, or other officer appointed therefor in the Form No. I in the Schedule to this Act, and filing the same at the Depart­ ment of Lands, or with the Commissioner for the district in which the land intended to be located is situate, may acquire the right to pre-empt land as in this section mentioned: Provided, that no alien shall be entitled to a Crown grant in respect of any such lands unless and until he shall produce to the Commissioner his certificate of naturalization. 1908, c. 30, s. 5. (Part new.)

8. Any chartered or incorporated company may, by a special order of the Lieutenant-Governor in Council, pre-empt land as in the last preceding section mentioned. 1908, c. 30, s. G.

9. Any number of persons, not exceeding four, uniting in partner­

ship for the purpose of pre-empting, holding, and working land may pre-empt as a firm, for agricultural purposes, an area of land to the extent to each partner in the firm of one hundred and sixty acres. Each partner in any sudi firm shall represent his interest in the firm by occupation of some portion of the land so held by such firm; but it shall not be necessary in such case that each partner shall reside on his particular pre-emption. Partners in such firm may reside together on one homestead; provided such homestead be situated upon some portion of the land pre-empted and occupied by sudi firm. For the purpose of obtaining a certificate of improvement to land pre-empted under this section, it shall be sufficient to show to the Commissioner that improvements amounting in the aggregate to two dollars and fifty cents per aere of the whole land have been made on some portion thereof. 1908, c. 30, s. 21.

Pre-emption of Small Holdings.

10. The Minister or the Commissioner, when authorised to do so, may grant records of pre-emption of Crown lands which have been subdivided by survey into lots not exceeding forty acres in extent to any of His Majesty’s subjects for.the purpose of bonfi-fide personal occupation and cultivation for agricultural purposes. The price of such lands and the terms of payment shall be such as the Lieutenant- Governor in Council may from time to time establish in respect to particular localities,

Ali the other provisions of this Act with respect to the pre-emp­ tion of lands, where not inconsistent with the foregoing, shall apply to lands taken up under this section:

Companies may record by special leave. Pre-emption for partnership purposes. Small holdings of 40 acres. 1519

Provided that the Minister may, when advisable, for the encourage­ ment of immigration or settlement by colonists, cause surveys to be made of suitable tracts of land into small holdings to be acquired and held under the provisions of this section. 1908, c. 30, s. 33; 1911, c. 29, s. 14 (part).

Staking and recording for Pre-emption TJnsurveyed Lands. staking pre-emption II. (I.) Any person desiring to pre-empt as aforesaid shall, if

the land be unsurveyed, first place at one angle or corner of the land applied for a legal post, anci upon such post he shall inscribe his name and the angle represented thereby, thus: “ A. II.’s land, N.E. corner post,” meaning north-east corner (or as the case may be), and shall post a written or printed notice thereon, giving a description in detail of the length and direction of the boundary­ lines of the land sought to be pre-empted and date of location, and of his intention to apply for a record of same. Such notice shall be in the following form: —

I, A. li., intend to apply for a pre-emption record of acres of land, bounded as follows: Commencing at this post; thence north

chains; thence east chains; thence south chains; thence west chains [or as the case may he].

Name [in full]. Dated , IO .

Application to (2.) If such land shall not be so staked off and marked, the record.

'applicant shall not have the right to record the land intended by him to be recorded; and if such land not having been so staked and marked shall nevertheless be recorded in favour of the applicant, he shall have no right at law or in equity therein or thereto.

(3.) After the land is so staked and marked the applicant shall make application in writing to the Commissioner of the district in which the land is situate to record such land within thirty days after the location thereof, if located within ten miles of the office of the said Commissioner. One additional day shall be allowed for such application for every additional ten miles of fraction thereof.

(4.) In such application the applicant must enclose a full description of the land sought to be recorded, and enclose a sketch- plan thereof, arid such description and plan shall be in duplicate.

(5.) The applicant shall also make before the Commissioner, or a Justice of the Peace, Notary Public, or other person authorised to take declarations under the “ Evidence Act,” and furnish the Commissioner with a declaration in duplicate, in the Form No. 2 in the Schedule hereto; and if the applicant shall in such decla­ ration make any statement knowing the same to be false, he shall have no right at law or in equity to the land the record of which he may have obtained by the making of such declaration.

Recording. (6.) On receipt of the said application the Commissioner shall forthwith determine whether the description in the application and

1911. Lands, Crown. Chap. 129.

declaration is sufficient to satisfy him that the land is vacant and open to pre-emption, and if satisfied, and there is no valid objection why the record should not be made, shall issue the record as here­ inafter provided. 1908, c. 30, s. 7.

12. No pre-emption record shall be granted except for land taken up for agricultural purposes, and the Minister may cancel any such record when it shall be shown to his satisfaction that the same has been obtained for other than agricultural purposes. Timber lands, as defined in section 39 of this Act, shall not be open for pre-emption.

1908, c. 30, s. 31; 1911, c. 29, s. 14 (part).

Shape and Boundaries.

13. Every piece of such unoccupied, unsurveyed, and unreserved land as aforesaid sought to be pre-empted under the provisions of this Act shall, save as hereinafter is provided, be of rectangular or square shape, and one hundred and sixty acres shall either measure forty chains by forty chains (equal to eight hundred and eighty yards by eight hundred and eighty yards), or twenty chains by eighty chains (equal to four hundred and forty yards by seventeen hundred and sixty yards). Eighty acres shall measure twenty chains by forty chains, and forty acres shall measure twenty chains by twenty chains. Ali lines shall be run true north and south, and true east and west. 1908, c. 30, s. 9.

14. Where such land is in whole or in part bounded by any lake, river, or salt water, or by any pre-empted or surveyed land, such lake, river, salt water, pre-empted or surveyed land may be adopted as the boundary of such land; and it shall be sufficient for the applicant to show to the Commissioner that the form of the land conforms, as near as circumstances permit, to the provisions of this Act; but ali other boundary-lines, except as mentioned in this section, shall be run true north and south, and true east and west. 1908, c. 30, s. IO.

Pre-emption of Surveyed Land.

15. Any person desiring to pre-empt surveyed Crown land shall make application in writing to the Commissioner of the district in which the land is situate to record such land, and in such application the applicant shall—

(a.) Give the surveyed description of the land intended to be

recorded, • and enclose a sketch-plan thereof, and such description and plan shall be in duplicate; and

(6.) Make before the Commissioner, a Justice of the Peace, Notary Public, or other person authorised to take decla­ rations under the “ Evidence Act,” and furnish the Commissioner with, a declaration in duplicate, in the Form No. 2 in the Schedule hereto; and if the applicant shall in such declaration make any statement knowing the

96 ' 1521

Land that may be pre-empted. Cancellation of

records.

Timber lands not to be pre-empted. Shape o £ pre-emption claim. Natural boundaries. Pre-emption of surveyed land.

Recording subdivisions. Application to be limited to legal subdivisions. Persons pre-empting Crown lands to pay $1 per aere for same by four annual instalments of 25 cents each per aere.

Forfeiture in case of default.

Overdue instalments to bear interest at per centum per annum.

Certificate of pre-emption record.

same to be false, be shall have no right at law or in equity to the land the record of which he may have obtained by the making of such declaration. 1908, c. 30, s. 8 (part).

16. In cases of the survey of lands by the Crown, or of lands; the survey of which has been gazetted, in which the area of a lot, or of a subdivision of a township, exceeds one hundred and sixty acres, the Minister shall have power to permit a pre-emptor to record such lot or subdivision, but such excess area shall in no case be more than twenty acres. 1908, c. 30, s. 8 (part) ; 1911, c. 29, s. 14

(part).

17. Any person desiring to pre-empt a quarter-section of land being a subdivision of a township, or a portion of a surveyed lot, the survey of which has been gazetted, must confine such application to one particular quarter of such section or lot, or legal subdivision thereof, and shall not be permitted to include any portion of another quarter-section, or lot, or any additional land outside the boundaries thereof. 1908, c. 30, s. 8 (part).

18. Every person pre-empting surveyed or unsurveyed Crown land shall pay one dollar per aere for the same to the Commissioner, at his office, in four equal annual instalments of twenty-five cents each per aere. The first instalment shall be due two years from the date of the record of the land pre-empted, and each subsequent instalment yearly thereafter until the full amount is paid. If default be made in payment of any of the instalments according to the terms hereof, together with survey charges (if any), the record made of the said lands may be cancelled by the Minister, and in case of such cancellation, then the land with the improvements (if any) thereon, together with any instalments paid thereon, shall be absolutely forfeited to the Crown. Ali instalments which are not paid on or before the date herein provided shall bear interest at the rate of six per centum per annum, and overdue instalments, together with interest, may be accepted by the Commissioner in Heu of and at any time before the cancellation of the record. 1908, c. 30, s. 24.

Certificate of Record.

19. Upon the compliance by the applicant with the provisions hereinbefore contained, and upon payment by him of the sum of two dollars to the Commissioner, and provided there is no valid objection, the Commissioner shall record such -land in his favour as a pre-emption claim, and give him a certificate of such pre­ emption record, in the Form No. 3 in the Schedule hereto; and such record shall be made by the Commissioner in triplicate, the original to be handed to the pre-emptor, a duplicate to be retained by the Commissioner for local reference, and the triplicate to be forwarded forthwith to the head office of the Department of Lands to be there examined, and if found in ali respects in accordance with the

1911. Laxus, Crown. Chap. 129.

provisions of this Act (or, if necessary, after having been amended by the Minister) to be finally entered in the Land Office register. The pre-emptor shall be notified of any alterations that are made in the description of his claim, and it shall be his duty to alter his stakes so as to agree with the amended description. IDOS, c. 30, s. 12; 1911, c. 29, s. lo, subsec. (2).

Pre-emptor’s Duties.

20. The pre-emptor shall, within sixty days after the date of the

certificate of record, enter into occupation of the land so recorded; and—

(a.) If he shall not have staked the land as required by section II of this Act; or

(b.) If in the declaration required by the said section he shall make any statement knowing it to be false; or

(c.) If he shall not enter into occupation of the land within sixty days of the date of the certificate of record; of (d.) If he shall at any time cease to occupy the lands save as

is hereinafter provided,—

the Commissioner may, after giving at least thirty days’ notice to the pre-emptor, in sudi manner as he may determine, in a summary way and upon being satisfied of any such fact, cancel the record of the pre-emptor, and ali improvements and buildings made and erected on the land shall thereupon be absolutely forfeited to the Crown, and the pre-emptor shall have no further right therein or thereto, and the certificate of record given to sudi pre-emptor shall be deemed mill and void to ali intents and purposes whatsoever and shall be cancelled by the Commissioner, and the land shall be open for entry at noon of the next day following such cancel­ lation, or at such other time as the Commissioner shall order: Provided that if such cancellation shall be made on the applica­ tion of any person who shall have furnished to the Commissioner satisfactory evidence that the pre-emptor has failed to comply with any of the provisions of section II of this Act, or of this section, the land embraced within the record so cancelled shall not be open to location under this Act for the period of fifteen days after the date of said cancellation except by the person who has made application for sudi cancellation:

Provided further that no abandonment of any pre-emption record shall be recorded between the commencement of proceedings for cancellation of the same and the determination of such proceedings by the Commissioner. 1908, c. 30, s. 13.

21. The occupation in this Act required of a pre-emptor shall mean a continuous bonfi-fide personal residence of the pre-emptor, or of his family, on the land recorded by him. 1908, c. 30, s. 14.

22. Every pre-emptor, as well as his family (if any), shall be

entitled to be absent from the land recorded by such pre-emptor for 1523 Cancellation of pre-emption record. Application for cancellation. Abandonment of pre-emption record.. Meaning of occupation.

Mow long pre-emptor may be absent from his claim.

Leave of absence.

Desertion by pre-emptor of his family.

Land shall be sur­ veyed at the expense of pre-emptor.

Field-notes to be filed in Land Office within thirty days.

Adverse claims may be filed.

any one period not exceeding two months during any one year. He shall be deemed to have ceased to occupy such land when he shall have been absent continuously for a longer period than two months, except as hereinafter provided. 1908, c. 30, s. 15.

23. If any pre-emptor shall show good cause to the satisfaction of the Commissioner, such Commissioner may grant to the said pre-emptor leave of absence for any period of time, not exceeding six months in any one year, inclusive of the two months’ absence from his claim provided for in the last preceding section. Such leave of absence shall be made out in triplicate, the original to be handed to the pre-emptor, a duplicate to be retained by the Commis­ sioner for local reference, and a triplicate to be forwarded forthwith to the Department of Lands. In- cases of illness, vouched for by sufficient evidence, or in the case of immigrant settlers returning to their former homes to bring their families to this Province, or in other special cases, the Minister may in his discretion grant an extension of time during which the pre-emptor may be absent from his claim, without prejudice to his right .therein. 1908, c. 30, s. IO; 1911, c. 29, s. 15, subsec. (2).

24. If any pre-emptor shall desert his family and such family after such desertion shall continue to reside on the said land, the Minister may in his discretion cancel the record so far as regards such pre-emption, and may permit such family, or any one of them on behalf of the others residing there, to complete the said pre-emption by obtaining a certificate of improvement (if not already obtained) and a Crown grant of the said land and otherwise complying with the provisions of this Act, or as nearly thereto as the circumstances of the case will permit. (New.)

Survey of Pre-emption Claim.

25. Any pre-emptor of unsurveyed land shall have the land recorded by him surveyed at his own expense (subject, however, to a rectification of boundaries) within five years from the date of the pre-emption record by a surveyor approved of and acting under instructions from the Minister. The field-notes (original and duplicate) and a sketch of any such survey shall be forwarded to the Department of Lands within thirty days from the date of completion of such survey; and should such survey be accepted by the Department a notice thereof shall be published in the Gazette for a period of sixty days, giving the official description of the land, also the name of the pre-emptor for whom the land was surveyed, during which period any other parties having claims to such land must file a statement of their claims thereto with the Commissioner, and unless two or more parties are claimants of the same land, the Commissioner, at the expiration of such sixty days, shall record such surveyed land in the name of the pre-emptor. 1908, c. 30, s. 18; 1911, c. 29, s. 15, subsec. (2). .

1911. Lands, Crown. Chap. 129. 26. Where at any time any Government survey shall be made, in which shall be included the land recorded by any pre-emptor, and a map of such survey shall have been deposited in the office of the Commissioner, and notice thereof shall have been published in the Gazette, such pre-emptor shall, within two months thereafter, make and file with the Commissioner a declaration in the Form No. 6 in the Schedule hereto, describing the . land'settled upon by sudi pre-emptor, based upon the survey made, giving the number of the township, section, quarter-section, or fraction thereof (if any), as the case may be; and.unless two or more parties are claimants of the same land, the Commissioner shall, at the expiration of such two months, record such land in the name of such pre-emptor, without any further declaration by him: Provided, however, that if such declaration shall be found to have been fraudulently made, or to contain wilfully false statements, the land so recorded,, with ali improvements thereon, shall be forfeited to the Crown, and such pre-emptor shall have no further right therein or thereto; and the Minister may cancel the record of sudi land in the books of the Department of Lands, and the certificate of such record shall thenceforth be deemed to be null and void to ali intents and purposes whatsoever. 190S, c. 30, s. 19; 1911, c. 29, s. 14 (part).

27. When the land shall have been surveyed, and in the event of two or more parties claiming the same land, the Minister, or the Commissioner for the district when so directed by the Minister, shall have power to hear, settle, and determine the rights of the adverse claimants, and to make such order in the premises as he may deem just; and for ali or any of the purposes aforesaid he shall have full power to summon and examine, under oath, the . parties and witnesses, but sudi decision and order if made by a

Commissioner shall be subject to review by the Minister, and such review shall be subject to appeal as provided by section 1C3 of this Act. 190S, c. 30, s. 20; 1911, c. 29, s. 14 (part).

Certificate of Improvement.

28. A pre-emptor of surveyed land, or of unsurveyed land when the survey thereof is effected, who has been in occupation of his pre-emption claim for not less thau two years from the date of its record, shall be entitled to receive from the Commissioner a certifi­ cate, to be called a “ certificate of improvement,” in the Form No. 4 in the Schedule hereto, upon his proving to the Commissioner, by the declarations in writing of himself and two other persons, or in such other manner as the Commissioner may require, that he has been in occupation of his pre-emption claim from the date of the record thereof, and has made permanent improvements thereou to the value of two dollars and fifty cents per aere. Such declaration shall be in the Form No. 5 in the Schedule hereto. Such certificate

1525

When land included in official survey and on pre-emptor

furnishing a certain statement and declaration, sudi land to be recorded in the name of the pre-emptor. Fraud or falsity in declaration causes forfeiture of record and ali improvements. Cancellation of record. Minister to decide certain disputes. O Certificate of improvement.

Crown grant to be Issued on payment of $1 per aere. Recording abandon­ ment of pre-emption record. Heirs or devisees of pre-emptor entitled to Crown grant.

Record may be' cancelled if Crown grant not applied for

within one year.

Only one claim by record to be held at one time.

shall be in triplicate, one part to be handed to the pre-emptor, another part retained by the Commissioner for local reference, and the third part transmitted forthwith to the Department of Lands; and it shall be the duty of the Commissioner to note the issue of such certificate on the duplicate pre-emption record thereof retained in the Commissioner’s office. 1908,. c. 30, s. 22; 1911, c. 29, s. 15, subsec. (2). • . •

Issue of Grown Grants for Land Pre-empted.

29. After the grant of a certificate of improvement as 'aforesaid to the pre-emptor, and payment of one dollar per aere for the land has been made, a Crown grani: or conveyance, in the Form. No. 7. in the Schedule hereto, of the fee-simple of and in the land mentioned as recorded in such certificate shall be executed in favour of the said pre-emptor, upon payment of the sum of ten dollars therefor; but no such Crown grant shall be executed in favour of any alien who may have declared as aforesaid his intention of becoming a British subject, until sudi alien shall have become, according to law, a naturalized subject; and no Crown grant shall issue until the pre-emptor or his family shall have bonh fide occupied the pre-emption for at least two years. 1908, c. 30, s. 26.

30. A pre-emption record may be abandoned by recording the abandonment thereof in the office of the Commissioner of the district, but no such abandonment of any pre-emption record shall be recorded by the Commissioner unless the original pre-emption record, or a declaration that it is lost, shall accompany the notice, together with a fee of two dollars and a certificate from the Deputy Assessor that ali the taxes due on the pre-emption have been paid. 1908, c. 30, s. 28. (Part new.)

31. In the event of the death of any pre-emptor under this Act, his heirs or devisees (as the case may be) shall be entitled to a Crown grant of the land included in such’ pre-emption claim, if lawfully held and occupied by such pre-emptor at the time of his decease, but subject to the issuing of the certificate of improvement as aforesaid, and payment for the land; but if no person makes any application in respect of the said pre-empted land for a period of one year from the death of the said pre-emptor, the Minister may cancel the said record, and thereupon ali improvements made on the said land, and ali moneys paid in respect thereof, shall be forfeited to the Crown. 1908, c. 30, s. 29; 1911, c. 29, s. 14 (part).

Miscellaneous.

32. No person shall be entitled to hold at the same time two claims by pre-emption ; and any person so pre-empting more than one claim shall forfeit ali right, title, and interest to the prior claim recorded by him, and. to ali improvements made and erected thereon,

1911. Lands, Crown. Chap. 129.

anci deposits of money made to the Government on account thereof; and the land included in such prior claim shall he open for pre­ emption. 190S, c. 30, s. 17.

33. Persons who have pre-empted land prior to the twenty-seventh day of February, 1S99, shall, on complying with the provisions of the “Revised Statutes, 1897,” chapter 113, and amending Acts, be exempt from the necessity of having ten acres under cultivation. 190S, c. 30, s. 32.

PART III.

Sale and Free Grants of Crown Lands.

Unsurveyed Lands, Mode of Acquiring.

34. (I.) Every person desiring to purchase unsurveyed, unoccu­ pied, and unreserved Crown lands, not being an Indian settlement, shall first place at one angle or corner of the land to be applied for a legal post, and upon such post he shall inscribe his name and the angle represented thereby, thus: “ A. B.'s N.E. corner,” meaning north-east corner (or as the case may be), and shall cause a written or printed notice to be posted thereon, giving a description in detail of the length and direction of the boundary-lines of the land sought to be purchased and date of location, and of his intention to apply for permission to purchase the said land. Such notice shall be in the following form:—

I, A. B., intend to apply for permission to purchase acres of laud, bounded as follows: Commencing at this post; thence north

chains; thence east chains; thence south chains; thence west chains [or as the case may he].

Name [in fuit].

Agent for [name in fuit].

Dated' , 19 .

Land may be staked or located by an agent under this section. (2.) After the land is so staked and marked the applicant shall,—

(a.) Within thirty days after the location thereof, if located within ten miles of the office of the Commissioner having jurisdiction over the said lands, post a notice in writing in the office of the said Commissioner of his intention to apply for permission to purchase the said land. One additional day shall be allowed for posting sudi notice for every additional ten miles or fraction thereof:

(I).) Make a statutory declaration (in duplicate) in the Form No. 8 in the Schedule hereto, and deposit the same with

1527.

Case of persons who have pre-empted' land before 27th February, 1S99.

Purchase of unsur­ veyed Crown lands. Staking.

Agent may stake. Application to purchase.

Copy of application, etc., to tie sent to Lands Department.

Protests.

Minister may decline to sell.

Survey.

the Commissioner at the time of posting the notice last hereinbefore referred to. Such notice, which shall be in the Form No. 9 in the Schedule hereto, shall describe as accurately as possible the location of the land to be applied for, especially with reference to the nearest known point, or to some creek, river, stream, or other waters, and shall state the name of the land district within which the said land is situate, the boundaries and extent of such land the date of location, and the name, residence,, and occupation of the applicant:

(c.) Within thirty days after the staking of the said land, if staked within ten miles of the office of the said Commis­ sioner, the applicant shall commence and continue the publication of the notice in the said Form No. 9, at his own expense, for two months in the Gazette and in a local news-' paper published in the land recording district or division of land recording district, as the case may be, in which the land is situate; or, in the absence of such local paper, in a newspaper published nearest to such district. One addi­ tional day shall be allowed for such advertisements for every additional ten miles or fraction thereof:

(d.) Within three months from the date of the first publication of such notice in the Gazette, make application (in dupli­ cate) to the said Commissioner for permission to purchase the said land, which • application shall be made upon the printed form supplied, and shall conform to ali the require­ ments of the said form; and

(c.) File a statutory declaration (in duplicate) of publication of notice, and deposit with the Commissioner a sum equal to fifty cents per aere on the area applied for, and the said Commissioner shall issue a certificate of purchase therefor. ■ 1910, c. 28, s. 2 (part).

35. The Commissioner shall forward one copy of the said applica­ tion and of the declarations, together with his report thereon, to the Department of Lands at Victoria. 1910, c. 28, s. 2(part).

36. The Minister shall take into consideration any objections, protests, or adverse claims that may be lodged with him, and shall decide whether such applicant is entitled to the first right to purchase said land. 1910, c. 28, s. 2 (part) ; 1911, c. 29, s. 14 (part).

37. The Minister shall also consider whether it is in the public interest to sell the said land. It' his decision is against selling the same, said application shall be considered abandoned and the deposit of fifty cents per aere shall be refunded. If his decision is in favour of selling the same, he shall forthwith notify the appli­ cant, who shall have the land required surveyed, at his own cost, by

1911. Lands, Crown. Chap. 129.

a surveyor approved by and acting under instructions from the Minister, in accordance with the provisions of this Act, and the deposit of fifty cents per aere shall be credited towards the payment of the purchase price. 1910, c. 28, s. 2 (fart) ; 1911, c. 29, ss. 2, 14

(part).

Survey.

38. It shall be the duty of the surveyor to classify the lands so classification o£ surveyed as timber lands, first-class or second-class lands, as herein­

after provided, and to make full and accurate field-notes of his survey; and upon completion of the survey he shall file the said notes and a report of his survey in the office of the Department of Lands, accompanied by a statutory declaration verifying the said notes, and showing the area of timber lands, first-class or second-class lands which are embraced in such survey; and sudi declaration shall also state whether in his opinion any of said land, and if so what, is likely to be required for the purposes of a townsite or fishing-station, and whether the granting of such land, or any of it, would prevent or hamper the development of any adjoining natural resources. 1908, c. 30, s. 34, subsec. (4).

*

39. Lands which are suitable for agricultural purposes or which First-ciass lands, are capable of being brought under cultivation profitably, or which

are wild hay meadow lands, shall rank and be classified as first-class

lands. Ali other lands, other than timber lands, shall rank and be Second-class lands. classified as second-class lands. Timber lands (that is, lands which Timber lands not to contain milling timber to the average extent of eight thousand feet

to the aere west of the Cascades, and five thousand feet to the aere east of the Cascades, to each one hundred and sixty acres) shall not be open for sale. 190S, c. 30, s. 34, subsec. (5).

40. The minimum price of first-class lands shall be ten dollars rrice of lands. per aere, and that of second-class lands five doliaris per aere:

Provided, however, that the Minister may at his discretion increase the price of any lands above the said prices. 1908, c. 30, s. 34, subsec. (G) ; 1911, c. 29, s. 14 (part).

41. Unless sufficient cause to the satisfaction of the Minister Payment. be shown, the survey of ali unsurveyed land sought to be acquired

under the provisions of this Part of this Act must be completed within six months from the date of notification to the applicant that the land is open to sale, and payment for sudi land shall be made in accordance with the provisions of section 44 of this Act, in default of which ali claim of the applicant to the land applied for shall cease and determine, and the lands shall thenceforth be open to pre-emp­ tion or purchase by any other person, and ali moneys paid by the applicant in respect of such application shall be forfeited to the Crown. 1909, c. 28, s. 4.

Proceedings after Survey.

Now survey or 42. If for any reason the survev of the said land is not satisfactory

report may be "

required. to the Minister, he may require any farther survey or report to be

made as may seem necessary. 1908, c. 30, s. 34, subsec. (7) (part); 1911, c. 29, s. 14 (pari).

Application may be 43. If on account of any report of the surveyor, or on account of any information received subsequent to the said application to pur­ chase, it appears to the Minister that it is not in the public interest that such land shall be sold, he may refuse the said application. 1908, c. 30, s. 34, subsec. (7) (part); 1911, c. 29, s. 14 (pari).

Notice of acceptance of survey.

Adverse claims. Notice to complete purchase.

44. If the Minister, after considering the report of the said surveyor, and any further information which he may have pro­ cured, shall decide that such sale is in the public interest, a notice of the acceptance of the survey of said land shall be published in the Gazette for a period of sixty days, giving the official descrip­ tion of the land and also the name of the purchaser for whom the land was surveyed, during which period any other parties having claims to such land must file a statement of their claim thereto with the Surveyor-General; and unless two or more parties are claimants to the” said land, the applicant for purchase shall be notified to com­ plete the sale and advised of the price to be paid for the said land as above provided. The balance of the purchase money shall be paid forthwith after the expiration of the notice of acceptance of survey. 1909, c. 28, s. 2; 1911, c. 29, s. 14 (pari).

Sate of Surveyed Lands.

salo ot surveyed • 45. So much of the unappropriated and unoccupied lands of the Province, the surveys of which have been duly made and confirmed in the Gazette, which are not the sites of towns or the suburbs thereof, nor Indian settlements, and which are not reserved from sale by the Lieutenant-Governor in Council, may be classified in the same manner as unsurveyed lands, and purchased at the same price: Provided that the Lieutenant-Governor in Council may from time to time order such surveyed lands to be offered at public sale (of which due and sufficient notice shall be given) at an upset price not less than the classified price provided by this Act. 1910, c. 28, s. 3

(part).

Area that may he sold. Maximum area that

may be purchased.

Area that may be purchased.

46. It shall not be lawful to survey or to sell any lands under the authority of this Part of this Act in such a manner as to dispose of more than six hundred and forty acres, measuring eighty by eighty chains, to any one person. Nor shall any parcel of land acquired under this Part of this Act have a greater length or breadth than eighty chains, nor shall any boundary-line thereof be less than twenty chains in length, except in cases where sudi length cannot be obtained. 1908, c. 30, s. 34, subsec. (9) ; 1909, c. 28, s. 3.

ion.

47. The minimum area that may be purchased under the pro- Minimum area that

visions of this Part of this Act shall be forty acres, measuring may be purcliase(1- twenty chains by twenty chains, except in cases where such area

cannot be obtained. IDOS, c. 28, s. 34, subsec. (3). Sale of Watershed.

48. The Lieutenant-Governor in Council may, upon such terms Crown lands may

and conditions as may be deemed advisable, sell to any incorporated incorporated cities for waterworks

city owning and operating its own system of waterworks so much purposes,

of the unappropriated and unoccupied Crown lands as form the whole or any portion of the natural watershed from which such city draws its water-supply. 1908, c. 30, s. 35.

Limitation of Right to purchase.

49. No person who has applied, or has given notice that he Application for other

intends to apply, for permission to purchase lands under the pro- lands' visions of this Part of this Act shall be entitled to apply, or to give notice of his intention to apply, for permission to purchase any other lands under the provisions of this Part of this Act until after he shall have either abandoned his application to purchase or for permission to purchase or acquired a Crown grant of the lands for which he had previously applied, or given notice of his intention to apply, for permission to purchase, and shall have obtained a certificate from the Commissioner that he has improved the said land to the exent of three dollars per aere. Land which is bond fide cultivated shall be deemed to be improved land, and in other respects section 2S of this Act simii apply: Provided always that no person shall purchase more than one tract of land, of what­ ever extent, under this Part of this Act, until the above-mentioned improvements have been completed in accordance with the provisions of this Act. IDOS, c. 30, s. 34, subsec. (II).

50. There shall, not be granted under the provisions of this Part Special order in

„ ... „ , Council'required to

of this Act any foreshore lands, tidal lands, the bed of the sea, or authorise.salo of

lands covered by any navigable water, quarries, or lands suitable certain other lands.

for fishing-stations or cannery-sites, except by a special order of the Lieutenant-Governor in Council, and upon such terms and conditions as may be therein specified. 1908, c. 30, s. 34, subsec. (2).

51. The right to apply for permission to purchase under this Indians.

Part of this Act shall not extend to any of the aborigines of this continent, except to such as shall have obtained permission to so apply by a special order of the Lieutenant-Governor in Council. 1908, c. 30, s. 34, subsec. (14).

Disputes.

I

52. In case of any dispute as to the staking and location of the Disputes,

land under the provisions of this Part of this Act, the right to 1531

Sale by tender.

Registers.

Sale of town or city lots.

Procedure where default has been made in payment

of purchase money.

Land sold to be subject to right-of- way, etc.

completion of the application shall be recognized according to priority of such location subject to the applicant having complied with ali the terms and conditions relating to applications. 1908, c. 30, s. 34, subsec. 12 (part).

53. When there are two or more applicants for the same tract of land, and a prior right of either or any of the applicants is not established to the satisfaction of the Minister, the same may be tendered for by the applicants, and sold to the highest bidder.

1908, c. 30, s. 34, subsec. (12) (a) ; 1911, c. 29, s. 14 (part). Registers.

54. The Commissioner of each land district shall keep a register

of ali applications filed under the provisions of this Part of this Act. Such register shall be indexed as to names of applicants and localities, and every such application shall be numbered and such number shall be registered. Such register shall be open for search by the public during office hours, and a fee of twenty-five cents shall be charged for every search. 1908, c. 30, s. 34, subsec. (13).

Sate of Town or City Lots.

55. It shall be lawful for the Minister to provide for the sale of town or city lots, or lands within the site or suburb of a town, belonging to the Crown, at public auction, and in every case an upset price shall be placed upon ali such lots so put up for sale, and in case any of sudi lots are not sold at such auction sale, they may be afterwards sold at private sale, at a price not less than such upset price. The Crown grant issued of lands sold under this section shall not contain the provisions enacted by section 63 of this Act: Provided that the Crown grants of such lands may contain such building conditions as the Lieutenant-Governor in Council may from time to time deem proper. 1908, c. 30, s. 39; 1910, c. 28, s. 3 (part) ; 1911, c. 29, s. 14 (part). (Part new.)

56. It shall be lawful for the Minister to allow persons who may hitherto have purchased town or city lots, and defaulted in making payments therefor, to complete the purchase of such lots at the original price, with interest thereon, at the rate of not less than three per centum per annum, if in the opinion of the Minister, such a transaction is in the public interest, 1908, c. 30, s. 40; 1911, c. 29,

s. 14 (part). ,

Rights-of-way, etc.

57. Unless otherwise specially notified at the time of sale, ali

Crown lands sold shall be subject to such public rights-of-way as may at any time after such sale be specified by the Minister, and to the right of the Crown to take therefrom, without compensation, any stone, gravel, or> other material to be used in repairing the

1911. Lands, Crown. Chap. 129. public roads, and to such private rights-of-way, and of leading or using water for animals, and for mining, engineering, or irrigation purposes, as may at the time of such sale be existing. 1908, c. 30, s. 42; 1911, c. 29, s. 14 (pari).

Free Grants.

58. It shall be lawful for the Lieutenant-Governor in 'Council to Lleut.-Governor may make such special free or partially free grants of the unoccupied make free giants’ aud unappropriated Crown lands of the Province for the encourage­

ment of immigration or other purposes of public advantage, not being bonuses for the construction of railways, with and under such provisions, restrictions, and privileges as the Lieutenant-Governor in Council may seem most advisable. 1908, c. 30, s. 45.

59. It shall be lawful for the Lieutenant-Governor in Council Sales and free to sell any vacant lands of the Crown, or make free grants thereof, arni11 drafuing^1118 to any person or company for the purpose of dyking, draining, or purposes- irrigating the same, subject to such regulations as the Lieutenant-

Governor in Council shall think fit to make. 1908, c. 30, s. 41.

Educational Endowments.

60. Lands heretofore reserved as an endowment for the purposes Reserves for educational purposes may be sold at of education under the provisions of section 38 of the “ Land Act,”

chapter 66 of the “ Consolidated Acts, 1888,” may be sold by public auction, of which reasonable and sufficient public notice shall be given, but not so as to dispose of any land at less than its classified price. 1908, c. 30, s. 46.

public auction.

Crown Grants of Subsidy Lands.

61. Ali grants of Crown lands made, or to be made, to any person crown grants of or corporation to aid the construction of a railway or other work subsidy lan<js- shall be subject to the land laws of the Province, except to the

extent that such land laws are expressly varied by the terms of such Subsidy Act. The provisions of this section shall apply to ali grants of Crown lands heretofore made. 1908, c. 30, s. 38.

Railway and Tramway Grants.

62. The Lieutenant-Governor in Council mav, subject to any Power for Lieut.-* ' ° v Governor to make terms and conditions which he may see fit to impose, grant to any grants to railways. railway, power, or tramway company incorporated under authority

of any Act of the Legislature a right-of-way, not to exceed one hundred feet in width, through Crown lands, together with such other Crown lands as may be necessary for terminal purposes, sidings, stations, sheds, wharves, warehouses, embankments, bridges, culverts, drains, and other works of the Company. 1908, c. 28, s. 129.

When land divided into lots containing

one aere or less, one- fourth of lots to be reconveyed to Crown. Method of ascer­ taining blocks to be reconveyed. No plan to be filed till proof of reconveyance. rroviso. Ss. 63, 64, and 65 not to apply in certain cases.

Procedure for com­ pelling preparation and registration of plan of subdivision.

Reconveyance of One-fourth of Town Lots.

63. Ali Crown grants hereafter issued of lands the right to

which was acquired subsequent to the seventeenth day of April, 1896, shall contain the provision that, in the event of any lands thereby granted being divided into lots containing one aere or less, one-fourth of ali the blocks of lots, or one-fourth of ali the lots where they are not divided into blocks, shall be reconveyed to the Crown. Such Crown grant shall be in the Form No. 7 in the Schedule hereto. 1910, c. 28, s. 4 (part).

64. The blocks so to be reconveyed to the Crown shall be ascer­ tained as follows: The Minister shall first select one block and the owner three, and so in tura; the Minister selecting one and the owner three of the unchosen blocks until the division is made. When the land is not divided into blocks of lots, but into lots, the same method of selection shall be pursued with regard to lots as is above set out with regard to blocks of lots. 1910, c. 28, s. 4 (part) ; 1911, c. 29, s. 14 (part). »

65. The plan of such division into blocks of lots or lots shall not be filed in any Land Registry Office nor acted upon by the Registrar-General or any District Registrar of Titles until it is proved to the satisfaction of the Registrar-General or the District Registrar of the office in which sudi plan is sought to be filed that there has been a conveyance to the Crown of the lots selected by the Minister under the above provisions. 1910, c. 28, s. 4 (part) ; 1911, c. 29, s. 14' (part).

66. The Lieutenant-Governor in Council may, however, provide that, when any lots, blocks of lots, or lands belonging to the Crown in or near any city or townsite are to be sold by public auction, such lots, blocks of lots, or lands shall not be subject to the provisions of the last three preceding sections. 1908, c. 30, s. 37 (part).

67. The provisions of sections 63, 64, and 65 of this Act shall not, however, apply to the lands of the Crown in the Townsite of Hastings, North Vancouver, and at Point Grey, sold by public auction, and the right of the Crown to a reservation of one-fourth of ali the blocks of lots of the said lands is hereby released and abandoned in cases in which Crown grants have issued containing said reservations. 1908, c. 30, s. 37 (part); 1911, c. 29, s. 3.

68. Should the owner of any land the Crown grant for which has issued in respect of a right acquired subsequent to the said seventeenth day of April, 1896, make use of the said land or any part thereof as a townsite but fail to divide the said land into lots, or, having divided the same into lots, should fail to deposit in the proper Land Registry Office a map or plan of' such sub- ’

1911. .Lands, Crown. Chap. 129.

division, the Minister’ shall request sudi owner to divide the said land into town lots and to deposit a map or plan thereof in the proper Land Begistry Office or to deposit sudi map or plan as aforesaid where such subdivision has been made, and to convey to the Crown the portion thereof which it is entitled to receive under the provisions of section G3 when land is divided into town lots. It shall be the duty of such owner to comply with such request, and should he neglect or refuse to do so the Minister may apply to a Judge of the Supreme Comitor a prerogative writ of mandamus requiring the said owner to make the said division, deposit, and conveyance, or deposit and conveyance, as the case may be, or for any other appropriate remedy to enforce the rights of the Crown.

1908, c. 30, s. 37, subsec. (2) ; 1911, c. 29, s. 14 (part).

Completion of Sales.

69. The Crown grant of any land sold under the provisions of this crown grant.

Act shall not be issued until full payment therefor shall have been made, and such Crown grant shall be in the Form No. 7 in the Schedule hereto, with the addition of the further reservations and conditions (if any) prescribed by this Act in respect of any lands comprised within such Crown grant. 1908, c. 30, s. 43.

70. The Minister may insert notices in the Gazette, requiring ali Balance of unpaid

„ . . ■ 't purchase money to

persons from whom the balance of purchase money is due on any be paid on notice

lands pre-empted or purchased by them under any Act or Ordinance heretofore passed, or under this Act, to pay to the Minister, within

twelve months from the first publication of such notice (and such Notice to be

notice shall be published continuously for such twelve months), months.

the balance remaining unpaid of the purchase money due on such

lands; and if within such twelve months any person holding land in default of

on which the balance of the purchase money is due to the Crown may be cancelled.

and unpaid shall not pay such balance, the Minister may cancel ali or any records or agreements concerning such land; and in such case'the right of such person therein or thereto and ali money paid by him thereon shall be absolutely forfeited, and he shall have no further right at law or in equity to the land so partially paid for.

1908, c. 30, s. 44, subsec. (I) ; 1911, c. 29, s. 14 (pari).

P AST IY.

Leases of Crown Lands.

Lands that may he demised.

71. Leases (containing such covenants and conditions as may Leases,

by him be thought advisable) of unoccupied and unreserved Crown lands may be granted by the Minister for the following purposes:—

(a.) For the purposes: of cutting hay thereon, for a term of not

exceeding ten years:

Leases of lots not exceeding 20 acres in area.

Covenant for Crown grant. Power to Lieut.- Governor in Council to lease watershed. Leases of school reserves may be granted.

Leases for purpose • of stripping hemlock- trees of bark.

Quarrying leases may be issued in respect of lands held under special timber licence or timber lease.

(b.) For any purpose whatsoever, except cutting hay as afore­

said, and except for cutting or felling thereon, or carrying away therefrom any trees or timber, for a term not exceed­ ing twenty-one years. 1908, c. 30, s. 47, subsec. (I); 1911, c. 29, ss. 4, 14 {part).

72. The Lieutenant-Governor in Council may also, upon sudi terms and conditions as he may deem advisable, grant leases of Crown lands which have been subdivided by survey into lots not exceeding twenty acres' in extent to any of His Majesty’s subjects for the purpose of bonfi-fide personal occupation and cultivation.: Provided, however, that—

(a.) No person shall be entitled to hold more than one lot under such lease:

(b.) Leases granted under authority of this section shall contain

conditions binding the lessee to build a dwelling-house during the first year of tenancy, and to settle upon, occupy, and cultivate the land within the meaning of this Act: (c.) Such lease shall contain a covenant providing that the

lessee shall, at the expiration of the term of the lease, be entitled to a Crown grant of the land so leased if ali condi- ! tions and stipulations of the lease have been faithfully

fulfilled. 1908, c. 30, s. 47, subsec. (9).

73. The Lieutenant-Governor in Council may grant to any incor­ porated city owning and operating its own system of waterworks a lease of the vacant Crown lands which form the whole or any portion of the natural watershed from which such city derives its water-supply, for such term, not exceeding nine hundred and ninety- nine years, and upon such conditions as may be deemed advisable, and may in such lease define the limits of such natural watershed. 1908, c. 30, s. 47, subsec. (8).

74. The Lieutenant-Governor in Council may from time to time lease, for such terms, not, however, exceeding twenty-one years, and upon such conditions as may be deemed proper, so much of the land set.apart as school reserves as may be deemed advisable; but no sudi lease shall be granted for a reserve upon which a school-house is situated without the consent of the trustees of the school district. . 1908, c. 30, s. 83.

75. It shall be lawful for the Lieutenant-Governor in Council to grant leases of unpre-empted Crown lands for a term not to exceed thirty years for the purpose of stripping hemlock-trees of bark, subject to such rent and conditions as the Lieutenant-Governor in ’ Council may see fit to impose. 1908, c. 30, s. 50.

76. Notwithstanding anything in this Act contained, it shall be lawful for the Lieutenant-Governor in Council to grant leases for

1911. Lands, Crown. Chap. 129.

quarrying purposes, including the digging of clay and mari, of any lands held under timber lease or special timber licence, or any part thereof, upon such terms and conditions as may be deemed advisable. 1909, c. 28, s. 6; 1911, c. 29, s. IO.

Mode of acquiring Leases.

77. Any person desirous of procuring a lease for any of the staking, purposes aforesaid shall, if the land be unsurveyed, before making application for same, place at one angle or corner of the land to be applied for a legal post, and upon such post he shall inscribe his name and the angle represented thereby, thus: “ A. B.’s N.E. corner,” meaning north-east corner (or as the case may be), and shall cause a written or printed notice to be posted thereon, giving a description in detail of the length and direction of the boundary-lines of the land to be applied for and the date of the location, and of his intention to apply for permission to lease the said land. Such notice shall be

in the following form:— •

I, A. B., intend to apply for permission to lease acres of land, bounded as follows: Commencing at this post; thence north

chains; thence east chains; thence south chains; thence west chains [or as the case may he].

Name [in full].

Agent for [name in full].

Dated , 19 .

Land may be staked or located by an agent under this section. 1908, c. 30, s. 47, subsec. (2) (part).

78. After the land is so staked and marked the applicant shall,— Notice of (a.) Within thirty days after the location thereof, if located appliLatl<

within ten miles of the office of the Commissioner, post a notice in writing in the office of the Commissioner for the district in which the land is situated of his intention to apply for permission to lease. One additional day shall be allowed for the posting of such notice for every addi­ tional ten miles or fraction thereof. Such notice shall be in the Form No. II in the Schedule hereto, and shall describe as accurately as possible the land over which the applicant seeks to obtain such lease, especially with refer­ ence to the nearest known point, or to some creek, river, stream, or other water, and shall state the name of the land district within which the said land is situate, the boundaries and extent of such land, the date of location, and the name, residence, and occupation of the applicant, and shall not include a greater area than six hundred and forty acres:

(i.) Make a statutory declaration (in duplicate) in the Form

No. IO in the Schedule hereto, and deposit the same with the Commissioner at the time of posting the notice in his office hereinbefore referred to: