OlortifU Ham i>rl|oal Hibratg Cornell University Library KEB 411871 The laws of British Columbia xonslsting 3 1924 018 100 630 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924018100630 THE LAWS OF BRITISH COLUMBIA, CONSISTING OF THE ACTS, ORDINANCES, & PROCLAMATIONS OF THE PORMERLT SEPAEATE COLONIES OF VAl^'COITYER ISLAlirD AND BRITISH COLUMBIA, AND OF THE UNITED COLONY OF BRITISH COLUMBIA, WITH TABLE OF ACTS, ALPHABETICAL INDEX, AND APPENDIX. ij §lttthoritg» COMPILED AND PUBLISHED BY THE COMMISSIONBES APPOINTED UNDBE "THE EEVISED STATUTES ACT, 1871." VICTORIA, B. C. : PRINTED AT THE GOVERNMENT PRINTING OFFICE. 1871. 1^7 COMMISSION. { "■ } A. MuSflRAVB. Victoria by the Grace of God of the United King- dom of Great Britain and Ireland, Queen, Defender of the Faith, &c., &c,, &c. To The Ho^iourable Henry Pering Pellew Crease, The Honourable George Phillippo, and Edward Graham Alston, Esquire. Greeting. WHEREAS by " The Revised Statutes Act, 18T1," it is provided that it shall be lawful for Our Governor of Our Colony of British Columbia to issue a Commission under the Great Seal of Our said Colony to three persons, constituting them Commissioners for compiling and printing a new Edition of the Laws of Our said Colony of British Columbia ; Now know you that, having every confidence in the ability and discretion of you, and each of you, We do hereby, in pursuance of the powers contained in " The Revised Statutes Act, 1871," and of all other powers and authorities vested in us in this behalf, consti- tute and appoint you to be Commissioners for compiling and printing in conformity with the provisions contained in " The Revised Statutes Act, 1871," but not further or otherwise, such new. Edition of the Laws of Our Colony of British Columbia, as is mentioned in the said Act. Witness Our right trusty and well bfeloved Anthony 'Musgrave, Esquire, Governor and Commander-in Chief in and over Our Colony of British Colum- bia, and the Great Seal of Our said Colony here-, unto aflixed, at Our Government House, in Our City of Victoria, this twenty-seventh day of April, A. D. 1871, and in the thirty-fourth year of Our Reign. * A TABLE OF THE LAWS OF THE FORMERLY SEPARATE COLONY OF VANCOUVER ISLAND, Showing those Eepbalbd and those now in Force. f2) (3) (4) (5) (6) (7) (8) (9) (10) (11) An Act to provide for the Resignation and Vacating of Seats in the House of Assembly in the Colony of Vancouver Island, and for the Election of Members on Vacancies. 23rd August, 1859. An Act respecting Marriages in the Colony of Van- couver Island and its Dependencies. 5th Septem- ber, 1859. An Act respecting the Property of Religious Institu- tions in the Colony of Vancouver Island and its Dependencies. 5th September, 1859. An Act to increase the number of Representatives of the people of this Colony in the House of Assembly. 7th October, 1859. An Act to make provision for the Registration of Voters, and for other purposes relating thereto. 7th October, 1859. An Act for the protection of the wooden Bridges in Vancouver Island and its Dependencies. 29th Oc- tober, 1859. An Act to remove doubts as to the Interest of Money in the Colony of Vancouver Island and its Depen- dencies. 29th October, 1859. An Act to amend the Law relating to the Representa- tion of Vancouver Island and its Dependencies. 3rd November, 1859. * Proclamation declaring the Port of Victoria, including Esquimalt, a Free Port. 18th January, 1860. An Act to provide for the administration of Oaths in ■the House of Assembly, and the production of Evi- dence before Committees of the same. 9th July, 1860. An Act for the payment of certain Salaries. 28th August, 1860. Repealed by 161 Repealed by 89 Repealed by 124 Repealed by 161 Do. Extended by 17 Repealed by 161 Do. Repealed by Pro- clamation of 19 Nov., 1866 Repealed by 161 Do. Appendix. VI. Table of Laws. An Act to extend the provisions of tlie Joint Stock Companies Acts, 1856, 1857, and 1858, to Vancou- ver Island and its Dependencies. 27tlx August, 1860. An Act to improve the Streets of the Town of Victoria, and to authorize the collection of a Tax, to be called " The Victoria Street Fund." 28tt August, 1860, An Act for the protection of the Members of Fire Companies of Victoria. 28th August, 1860. An Act to impose certain Duties in respect of certain Trades and ^Occupations. 24th October, 1860. An Act for better prohibiting the Sale or Gift of In- toxicating Liquors to the Indians. 2nd November, 1860. An Act to provide for the repair, improvement, and regulation of Eoads in Vancouver Island and its Dependencies. 24th November, 1860. An Act to confirm certain persons in the Fee Simple of the Eeal Estate which they now hold. lOth De- cember, 1860. An Act to levy an Annual Tax of £1 per Centum on the value of all Real Estate in the Colony of Van couver Island and its Dependencies. 10th Decem ber, 1860. An Act to amend the Scale of Fees charged for the Entrance and Clearance of Vessels; Licences to scows, boats, and other craft; and Dues for Landing Permits; as well as other matters relating to the same, in the Port of Victoria, including Esquimalt. 19th December, 1860. An Act for .rendering the Administration of Justice in minor Criminal Cases more speedy and certain 19th December,"l860. An Act to declare the Limitation of certain causes of Action and Suit. I9th December, 1860. An Act to amend the " Registration of Voters Act, 1859." 19th December, 1860. An Act to Incorporate " The Victoria Gas Company." 19th December, 1860. • An Act to confirm certain Titles to Real Property in Vancouver Island. 19th December, 1860. An Act to facilitate the transfer of Real Estate, and to provide for the Registration of Titles. 18th Janu- ary, 1861.. * Proclamation relating to the acquisition of Land, 19th February, 1861. Repealed by 129 Repealed by 161 Do. Repealed by (66) Repealed by 85 Repealed by 118 Repealed by 161 Repealed by (65) Repealed by (56) Repealed by 161 Extended by (44) & repealed by 100 Repealed by 161 Repealed by 161 Amended by(lOl) & repealed by 143 Repealed by (60) Appendix. Appendix. Appendix. ihite of tiim&i Vll. Number Title. Amended or Bepealed. No. in this Volume. (28) An Act to authorize the Q-overnor of Vancouver Island and its Dependencies to grant certain privileges to the Builder or Builders of a Powder Magazine. 6th Fetiruary, 1861. Proclamation relating to the acquisition of Land. 21st March, 1861. Proclamation relating to the acquisition of Land. 9th May, 1861. An Act to authorize the raising of a Loan of Ten Thousand Pounds upon the security of the Dues and Moneys levied by virtue of the " Victoria and Es- quimalt Harbour Dues Act, 1860." 16th July, 1861 An Act to provide for and regulate the Sale of Wines Spirits, Malt and other Liquors. 18th July, 1861^ An Act to extend and amend the provisions of the " Fireman's Protection Act, 1860." 10th Septem. ber, 1861. An Act to enable Aliens to hold and transmit Eeal Estate. 28th October, 1861. An Act to authorize the continuation of certain Streets in Victoria, Vancouver Island. 29th October, 1861 An Act to amend the Procedure in Civil Cases. 29th October, 1861. An Act to provide for the Naturalization of Aliens. 14th November, 1861. An Act to cure defects in Titles to Keal Estate in Vancouver Island and its Dependencies, held by or derived through Aliens. 14th November, 1861 An Act for preventing Frauds upon Creditors by secret Bills of Sale of Personal Chattels. 28th November, 1861. An Act to regulate the business of Pawnbrokers. 28th November, 1861. An Act to facilitate the remedies on Bills of Exchange and Promissory Notes, by the pretention of frivo lous or fictitious defences to Actions thereon. 28th November, 1861. An Act to enlarge the time limited by the Victoria Gas Company's Act, 1860, for the establishment of Gas Works and Buildings by the Victoria Gas Company.' 9th December, 1861. An Act to amend the Trades Licences Act, 1860. 24th December, 1861. An Act to extend the provisions of the Limitation of Foreign Actions Act, 1860. 24th December, 1861 Repealed by 161 Repealed by (60) Do. Repealed by 10 Amended by(ll 5) Repealed by 76 Repealed by 93 Repealed by 161 Repealed by 120 Repealed by 93 Repealed by 161 Amended by(123) Repealed by 142 Repealed by 161 Do. Repealed by (66) Repealed by 100 Appendix. Appendix. Appendix. Appendix. Till. Table of Laws. Title. Amended or Repealed. No. in this Volume. An Act to prohibit Swine and Goats from running at large in the Town of Victoria; and to prohibit Croats from running at large in the settled Districts of Vancouver Island. I6th January, 1862. An Act to declare the Law relating to Bankruptcy and Insolvency in Vancouver Island and its Dependen- cies. 1st February, 1862. An Act to authorize the Governor of Vancouver Isl£|,nd and its Dependencies to borrow money for temporary purposes. 29th May, 1862. An Act to confirm the appointment of certain Members of the Court of Kevision, under "The Keal Estate Tax Act, 1860." 12th June, 1862. An Act to enlarge the time limited by the "Victoria Gas Company's Act, 1860," and the "Victoria Gas Company's Extension Act, 1861," for the establish- ment of Gas Works and Buildings by the Victoria Gas Company. 3rd July, 1862. An Act to authorize the Chief Justice of Vancouver Island and its Dependencies to make certain neces sary appointments. 9th July, 1862. An Act to establish Fire Limits within the Town of Victoria. 9th July, 1862. An Act to protect the Property of a "Wife deserted by her Husband. lOth July, 1862. An Act to authorize the appointment of a Sanatory Commission for the Town of Victoria, and to define the powers thereof 19th July, 1862. An Act to enable the Surveyor General of Vancouver Island to authorize the closing of part of the old Saanich and Burnside Koad, also known as the North Koad. 5th August, 1862. An Act to Incorporate the City of Victoria. - 2nd August, 1862. An Act to amend the Scale of Fees charged for the Entrance and Clearance of Vessels; Licences to scows, boats, and other craft; and Dues for Landing Permits; as well as other matters relating to the same, in the Port of Victoria, including Esquimalt. 2nd September, 1862. An Act to authorize the Governor of Vancouver Island to borrow the sum of Forty Thousand Pounds on the security of the General Revenue of the said Colony. 6th September, 1862. An Act to enable the Governor of Vancouver Island to borrow the sum of Fifteen Thousand Pounds upon the security of the General Revenue of the Colony. 6th September, 1862. Repealed by 161 Do. Repealed by 161 Repealed by 161 Do. Repealed by 94 Amended by(106) Repealed by (124) 10 11 Table of LaviS. in. An Act to amend an Act for the preservation of G-ame. 5th September, 1862. The Vancouver Island Land Proclamation, 1862. 6th September, 1862. An Act to authorize the G-overnor of Vancouver Island and its Dependencies to erect a Powder Magazine fer the custody of Gunpowder, and to regulate the Sale, Storage, and "Keeping of Grunpowdeer. 12th December, 1862. An Act to impose certain Stamp Duties on Writings and Deeds. 12th December, 1862. An Act to increase the number of Representatives for Victoria Town District, and to alter the Limits of the said District. 12th December, 1862. An Act to establish a Decimal System of Accounts in the Colony of Vancouver Island and its Dependen- cies. 12th December, 1862. An Act to amend the " Real Estate Tax Act, 1860." 17th December, 1862. An Act to repeal and amend the Laws affecting Trade Licences. 17th December, 1862. An Act for the regulation of the Harbours of Van- couver Island. 16th February, 1863. An Act for consolidating in one Act certain provisions usually inserted in Acts authorizing the taking of Lands for undertakings of a public nature. 25th February, 1863. An Act for consolidating in one Act certain provisions usually inserted in Acts authorizing the making of Railways. 25th February, 1863. An Act to declare the Fees, Licences, and Dues, pay- able for the Entrance and Clearance of Vessels; and for Permits for landing Goods; and for Licences to scows, boats, and other small craft, in the Ports of Entry in Vancouver Island, other than Victoria and Esquimalt. 27th February, 1863. An Act to declare the validity of the Debentures issued by the Municipal Council of Victoria. 27th Feb- ruary, 1863. An Act to declare the denominations to be used in the various Stamps issued under the " Stamp Act, 1862 " 27th February, 1868. An Act to apply the sum of Two hundred and" forty- seven thousand two hundred and twenty five Dollars out of the General Revenue of the Colony of Van- couver Island and its Dependencies, to the service of the year One thousand eight hundred and sixty- three. 27th February, 1863- Repealed by 144 Repealed by 161 Repealed by (85) Repealed by 161 Repealed by 82 Repealed by(282) Amended by(108) Repealed by 76 Repealed by 92 Repealed by 86 Repealed by 161 Do. Do- 12 Appendix- 13 14 X. ^ahle of Laws. No. in this Volume. An Act to apply the sum of Twenty-five thousand seven hundred and five Dollars out of the General Revenue of the Colony of Vancouver Island and its Dependencies, for the payment of certain Salaries and Expenses for the service of the year One thou^' sand eight hundred and sixty-three. 27th Feb- ruary, 1863. An Act to grant a supplemental supply of Tw;enty-four thousand one hundred and twenty-nine Dollars and fifty-three Centsy for the service of the year One thousand eight hundred and sixty-three. 27th Feb- ruary, 1863. An Act to provide for the Election of a Mayor and Councillors for the City of Victoria, at the expira- tion of the period for which the present Mayor and Councillors are elected. 80th October, 1863. An Act to provide an Indemnity for the Mayor and Councillors of the City of Victoria. 28th Decern' ber, 1863. An Act to provide for the retirement of David Came- ron, Chief Justice of the Colony of Vancouver Island and its Dependencies. 11th March, 1864. An Act to Indemnify the G-overnor for applying cer- tain moneys to the redemption of Municipal Deben- tures. 11th March, 1864. An Act to establish Pilots _ for the I^Port of Victoria, and for other purposes relating thereto. 12th March, 1864. An Act to apply the sum of Two hundred and fifty- seven thousand two hundred and seventy-nine Dol- lars and fifty Cents out of the General Revenue of the Colony of Vancouver Island and its Dependen- cies, to the service of the year One thousand eight hundred and sixty-four. 12th March, 1864. An Act 'to grant the right to construct a Telegraph Line connecting Victoria with the Telegraph system of the United States, and for other purposes. 12th March, 1864. An Act to enable the Governor to pay out of the General Revenue Six thousand Dollars, for Civic purposes. 8th June, 1864. An Act to amend an Act entitled " An Act for the protection of the Wooden Bridges in Vancouver Island and its Dependencies. 7th July, 1864. An Act to repeal the "Vancouver Island Stamp Act. 1862. 7th July, 1864. An Act to prevent the unauthorized issue of Bank Notes and paper Currency. 7th July, 1864. Repealed by 161 Do. Do. Do. 15 Do. Repealed by 87 Repealed by 161 16 Repealed by 161 17 Repealed by 161 18 Table of Lam. XI. An Act to provide for the periodical publication of the Liabilities and Assets of Banks in Yancouver Island and its Dependencies, and for the Kegistration of the names of the Proprietors thereof. 7th July, 1864 An Act to apply the sum of Twenty-six thousand Dol- lars out of the G-eneral Kevenue of the Colony of Vancouver Island and its Dependencies, to the ser- vice of the year 1864. 7th July, 1864. An Act to grant a supplemental supply of Nineteen thousand eight hundred and four Dollars and Twen- ty-eight Cents, for the service of the year One thou- sand eight hundred and sixty-three. 7th July, 1864. An Act to provide for the closing of Wells upon unen- closed Lands in Vancouver Island and its Dependen- cies. 7th July, 1864. An Act for" the regulation of Electric Telegraphs with- in the Colony of Vancouver Island, and to secure secrecy and fidelity in the transmission of Tele- graphic Messages. 7th July, 1864. An Act to alter and amend " The Fireman's Protec- tion Act, 1861." 7th July, 1864. An Act to Incorporate the Israelite Congregation', named "The Elnanuel of Victoria, Vancouver Island." 7th July, 1864. An Act to authorize the Harewood Kailway Company (Limited) to make a Railway from Departure Bay, Nanaimo District, to the Harewood Coal Fields in Mountain District, Vancouver Island. 7th July, 1864. An Act to impose a Tax of one-half of one per Centum upon all Real Estate within the City of Victoria, and for other purposes relating thereto. 7th July, 1864. An Act to authorize the Governor to appropriate cer- tain moneys for the completion of a Dredging Ma- chine, and other instruments and appliances con- nected therewith. 7th July, 1864. An Act to provide for the Election of a Mayor and Councillors for the City of Victoria, on the 8th day of November, A. D. 1864. 5th November, 1864. An Act to appropriate the sum of Twelve hundred Pounds Sterling per annum from the General Reve- nue of the Colony, for the Salary of a Chief Jus- tice. 5th December, 1864. An Act respecting Barristers and Attorneys at Law. 30th January, 1865. An Act to apply the sum of Two hundred and ninety- eight thousand six hundred and eighteen Dollars and twenty-five Cents out of the General Revenue 19 Repealed by 161 Do. Repealed by 161 Do. Do. Do. Do. Repealed by 81 Repealed by 161 20 21 22 23 Xll; Tabk of Laws. Number. Title. Amended or Repealed. Ifo. in this Volume. (101) (102) (103) (104) (105) (106) (107) (108) (109) (110) (111) (112) (113) (114) (115) of the Colony of Vancouver Island and its Dependen- cies, to the service of the year 1865. 30th March, 1865. An Act to amend "The Land Registry Act, 1860" 8th April, 1865. An' Act respecting Common .Schools. 15th May, 1865. An Act for obtaining a Declaration of Title. 9th June, 1865. An Act to repeal a portion of " The First Telegraph Act, 1864." 16th June, 1865. An Act to amend the manner of taking the verdict of a Jury in Civil Cases. 16th June, 1865. An Act to amend " The Yietoria and Esquimalt Har- bour Dues Act, 1862." 16th June, 1865. An Act to impose Landing Permit Dues on the impor- tation of certain Stock and Carcasses. 16th June 1865. An Act to amend An Act passed in the year of Our Lord one thousand eight hundred and sixty-two, en- titled "An Act to repeal and amend the Laws affect- ing Trade Licences." 16th June, 1865. An Act to grant a supplemental supply of Thirty-seven thousand six hundred and eight dollars and thirty- nine cents for the service of the year 1864. 21st June, 1865. An Act to apply the sum of -Fourteen thousand nine hundred and forty dollars out of the Greneral Reve- nue of the Colony of Vancouver Island and its De- pendencies to the service of the year 1865. 21st June, 1865. An Act to impose a Tax of one-half of one per Centum upon all Real Estate within the City of Victoria, and for other purposes relating thereto. 24th June, 1865. An Act to impose a Tax on Salaries, and for other purposes. 28th June, 1865. An Act to explain " The Chief Justice's Salary Act, 1864." 4th July, 1865. An Act to enjarge the time limited by " The Hare- wood Railway Company Act, 1864," for making and- completing a Railway from Departure Bay, Nanaimo District, to the Harewood Coal Fields, in Mountain District, Vancouver Island. 15th Feb- ruary, 1866. An Act to amend "The Liquor Licence Act, 1861." 8th June, 1866.. Repealed by 143 Repealed by 122 Repealed by 161 Do. Do. Repealed by (124) Repealed by 86 Repealed by 76 Repealed by 161 Do. Do. Repealed by 76 Repealed by 161 Do. Repealed by 76 Appendix. Table of Laws. Xlll. Number. (116) .(117) (118) (119) (120) (121) (122) (123) (124) Title. Amended or Repealed. An Aot to facilitate the recovery of small Debts and other demands. 8th June, 1866. An Act to enable the Governor of Vancouver Island to borrow the sum of Ninety thousand Dollars upon the security of the General Revenue of the Colony. 12th July, 1866. An Act fo amend the Law of Partnership. 12th July, 1866. An Act to exempt the Homestead and other Property, from forced Seizure and Sale in certain cases. 21st August, 1866. An Aot to amend the Law of Arrest and Imprison- ment for Debt. 21st August, 1866. An Act to regulate the number of Persons required to form a Coroner's Jury in Vancouver Island and its Dependencies. 21st August, 1 866. An Act to amend the Eoad Act, 1860. 17th Septem- ber, 1866. An Act to amend the Bills of Sale Act, 1861. 17th September, 1866. An Aot to amend the Scale of Fees charged for the Entrance and Clearance of Vessels; Licences to scows, boats, and other craft; and Dues for Landing Permits; as well as other matters relating to the same, in the Port of Victoria, including Esquimalt. 17th September, 1866. Eepealed by 95 Repealed by 116 Repealed by 77 Eepealed by 118 Eepealed by 142 Eepealed by 86 No, in this Tolume, 24 25 26 A Table ob the Laws of the formerly separate Colony of British Columbia, Showing those Repealed and those now in Force. (125) (126) (127) (128) (129) (130) Proclamation respecting sale or gift of Intoxicating Liquor to Indians. 6th September, 1858. Proclamation respecting Sale of Lands on Eraser River. 15th September, 1858. . Proclamation respecting revocation of Crown Grant to Hudson's Bay Company. 3rd November, 1858. Proclamation respecting an Act to provide for the Government of British Columbia, 21 & 22 Viet., c. 99. 19th November, 1858. Proclamation having the force of law to indemnify the Governor and other Officers for acts done before the establishment of any legitimate authority in British Columbia, 19th November, 1858. Proclamation having the force of law to declare that English Law is in force in British Columbia. 19th November, 1858. Eepealed by (230) Repealed by 161 Repealed by 70 Appendix. Appendix. Appendix. XIV. Table of Laws. (131) (132) (133) (134) (135) (136) (137) (138) (139) (140) (141) (142) (143) (144) (145) (146) Proclamation having tlie force of law to enable the Governor to convey Crown Lands sold within the Colony. 2nd December, 1858. Proclamation respecting Duties of Customs. December, 1858. 3rd Proclamation authorizing the Judge of the Supreme Court to do certain acts in British Columbia causes. 24th December, 1858. Order of Court. Proclamation respecting collection of Duties payable by Miners, and Vendors of Liquors, and other Tra- ders, and the granting of Licences to such persons 8th February, 1859. Proclamation respecting the method to be pursued with respect to the alienation and possession of Agricultural Lands, and of Lands proposed for sites for Towns, in British Columbia; and with reference also to the places for- levying Shipping and Customs Duties ; and for establishing a Capital and Port of Entry in the said Colony. 14th February, 1859 Proclamation respecting Duties to be collected on open Boats entering Fraser, River. 5th March, 1859 Proclamation respecting the Naturalization of Aliens. 14th May, 1859. . Proclamation to give relief to the consciences of all persons who shall conscientiously be unwilling to be sworn. 19th May, 1859. Proclamation altering the rates of Duties of Customs, 2nd June, 1859. Proclamation declaring the Constitution of the Supreme Court of Civil Justice of British Columbia. 8th June, 1859. Proclamation respecting Tonnage, Pilotage, and Har- bour Dues on all Vessels clearing at the Port of Queenborough ^or parts beyond sea, or entering inwards. 15th June, 1859. Proclamation defining time when dues, moneys, and fees, payable under Proclamation of 15th June, 1859, shall become payable. 25th June, 1859. Proclamation changing the name of Queenborough to New Westminster. 20th July, 1859. Proclamation to amend the Laws relating to the Licen- ces for selling fermented Liquors, and for the occu- pation of Crown Lands by Traders, and for other purposes. 10th August, 1859. Proclamation to make provision for regulating the Law of Gold Mines in British Columbia, and for the Eepealed by 161 Appendix. Do. Repealed by 112 Eepealed by(145) Appendix. 27 Repealed in part Appendix, by (241), and wholly by 144 Repealed by 161 Repealed by 93 Appendix. Repealed by 74 Repealed by (217) Repealed in part by (257), and wholly by 86 Repealed by 86 28 Repealed by (249) and 76 Repealed by (228) 29 table of Laws. XV. (147) (148) (149) (150) (151) (152) (153) (154) (155) (156) (157) (158) (159) (160) (161) Administration of Justice therein. (Grold Fields Act, 1859.) 31st August, 1859. Bnles and Regulations for the working of G-old Mines, issued in conformity with the Gold Fields Act, 1859. 7th September, 1859. Proelamation to afford a clear and speedy method of recovering small Debts and demands in British Co lumbia. 10th December, 1859. Proclamation imposing 12s. per ton on all Goods leav- ing New 'Westminster. 10th December, 1859. Proclamation extending the Joint Stock Companies' Acts, 1856 and 1857, to British Columbia. 10th December, 1859. Proclamation respecting the acquisition of Land in British Columbia. 4th January, 1860. Bules and Regulations for the working of Gold Mines, issued in conformity with the Gold Fields Act, 1859. 6th January 1860. Proclamation providing that Town Lots, Suburban Lots, and surveyed agricultural lands offered for sale at Public Auction, and remaining unsold, may be sold by private contract. 20th January, 1860. Proclamation to obviate the difficulty in procuring a sufficient number of British Subjects to sit upon Grand and Petit Juries. 8th March, 1860. Proclamation to enable the High Sheriff to act as a Justice of the Peace, and in other respects to alter the Law relating to Sheriffs. 8th March, 1860. Proclamation giving relief to Lessees of Town Lots at Lytton, Douglas, Fort Hope, and Fort Yale. 8th May, 1860. Proelamation to establish a Municipal Council in the City of New "Westminster. 16th July, 1860. Proclamation making provision for the issue of Bonds for the payment for the construction of a Trail or Boad, called the Fort Yale and Spuzzem Bead. 10th August, 1860. Proelamation making provisions for the issue of Bonds for the payment for the construction of a Trail or Road, called the Shimikomeen Road. 20th Ausust, 1860. Proelamation for altering the rates of Duties of Cus- toms leviable upon Goods imported into British Columbia, and to make further provision for the levying thereof. 20th August, 1860. Proclamation for establishing and levying Road Tolls; such Tolls to be applied in forming, maintaining. Repealed by (228) Repealed by (256) Repealed by 86 Repealed by 65 Repealed by (170) and 144 Repealed by (228) Repealed by 144 Repealed by 68 Repealed by 161 Repealed by 161 Do. Repealed by 79 Appendii/ Appendi:e< 30 31 32? XVI. ^TaUe of Laws. Title. Amended or Repealed. No. in this Volnme. (174) (171) and improving the land communication from the . points at which such Tolls may respectively be levied. 15th October, 1860. Proclamation imposing Duties, Tolls, and Fines on goods, wares, animals, and merchandize imported into British Columbia, which shall not have been entered at New Westminster. 22nd December, 1860. Proclamation having regard to the form of Land ac- quired under provisions of previous Proclamations. 19th January, 1861. Proclamation lowering the price of Country Lands. 19th January, 1861. Proclamation to afford remissions in the purchase money of Country Lands purchased for actual settle^ ment, to certain Officers of Her Majesty's Eoyal Army and Navy, in certain cases. 18th March, 1861. Proclamation repealing Proclamation of 15th June, 1859, as far as relates to half Pilotage on certain Vessels. 9th May, 1861. Proclamation respecting Grants of certain pieces of Land to the Roman Catholic Bishop of British Co- lumbia. 10th May, 1861. Proclamation respecting occupation of Pre-empted Land. 28th May, 1861. Proclamation for protecting Members of Fire Compa- nies in New Westminster in their effisrts to prevent the destruction of property by fire. 16th July, 1861 Proclamation for effectually securing the title to and facilitating the transfer of Real Property in the Colony of British Columbia, and for providing means for registering matters affecting the same. 26th August, 1861. Proclamation to amend and consolidate the Laws af- fecting the settlement of unsurveyed Crown Lands in British Columbia. 27th August. 1861. Proclamation respecting Distiller Licences, and regu- lations respecting Distillers. 10th September, 1861 Proclamation to increase the limits of the Municipality and the number of Councillors of New Westminster, and to extend the New Westminster Municipal Council Act, 1860. 22nd October, 1861. Proclamation making provision for the issue of Bonds for the construction of a Eoad called the Harrison- Lillooet Portage Road. 29th October, 1861. Proclamation for raising by loan secured on the Gen- errl Revenue of the Colony, funds for the construc- tion and maintenance of Roads and other means of Repealed by 144 Do. Repealed by 43 Repealed by (257) 33 Appendix. Appendix. Repealed by (170) and 144 Extended by|(208> & repealed by 143 Repealed by (241) Repealed by 91 Repealed by 161 Repealed by (175) and (179) 34 Appendix. 35 Appendix. Appendix. 36 Table of Lam. xvii. Numbej'. Amended or Repealed. No. ia this. Volume. commttnieation in the said Colony. 14111 Novem- ber, 1861. ProclamSition*For raising by loan, funds for the con- strnction and maintenance of Koads and other means of communication, and to make provision for the redemption of sikeh loan, and to repeal the British Columbia Koads Act, 1861. 26th July, 1862. Proclamation to effect an imtnediate loan or Imns upon the credit of the m'on-eys to arise from the sale of Debentures under the British Columbia Koads Loan Act, 1862. 28tlh July, 1862. ^Proclamation creating eettain Tolls to be collected on the completion bf the Lillooet-Alexandria Road. 18th August, 1862. iProclamation creating certain Tolls to be collected on ■thfl completion of the Lytton- Alexandria Road. 18th August, 1862. Froclamation for raising by loan, funds for the con- struction and maintenance of Roads, and to make provision for the redemption of such loan, and to repeal the British Columbia Roads Loan Act, 1861, and the British Coluinbi'a Roads Loan Act, 18'62, and the Temporary Loan Act, 1862. 22nd August,' 1862. Proclamation for relmoTing doubts whether the Procla- mation of 19th November, 1858, imports itito British Columbia the Laws in force in England for the "proper observance of the Lord's day. 22nd August, 1862. Proclamation for pfttting an end to the evasion of Tolls imposed by the Lytton Alexandria-Road Toll Act, 1862. 29th Sei*tember, 1862. Proclamation for giving authority to the Municipal Council of New Westminster to raise a Loan or Loans upon the security of tlie Revenues of the said City. 29th September, 1862. Proclamation making further Rules and Regulations under Gold Fields Act, 1862. 29thSeptember, 1862. Proclamation for the issue of Bonds for meeting the expenditure necessary to carry on and complete for public use the main routes of the Colony in process of construction. 13th January, 1863. Proclamation repealing Proclamation of 18th March, 1861, respecting certain remissions in the purchase money of Country Lands to certain Officers in Her Majesty's Army and Navy, and substituting Free Grants of Land for remission of purchase money, 23rd February, 1863. Proclamation creating further Tolls in addition to those imposed by the Roads Toll Act 1863. 24th Feb., 1863. Repealed \)j(179) Do. Repealed by 161 Repealed by (228) 37 38 ■ 89 40 41 42 43 44 XVlll. Table of Laws. Number Title. Amended or Repealed. No. in tliis Volume. (187) (188) (189) (190) (191) (192) (193) (194) (195) (196) (197) (198) (199) (200), Kules and Regulations issued in conformity with the Gold Fields Act, 1859. 24th February, 1863. Proclamation to define the rights of. registered Free Miners in their claims. 25th March, 1863. Proclamation for raising Funds by Loan secured on the General Revenue, for the prosecution and niain- tenance of Roads, and to make provision for the re- demption of such Loan, and for the repeal of certain powers conferred by the Road Bonds Act, 1863. 14th May, 1863. Proclamation for removing doubts as to whether the Proclamation of the 19th November, 1858, imports in*o British Columbia the Laws in force in England for the proper observance of the Lord's day. 18th "" 1863. Proclamation for the protection of Miners from being obstructed by the claims and exactions of persons holding Land under the Pre-emption Consolidation Act, 1861. 27th May, 1863. Proclamation to regulate the admission of persons who shall be allowed or entitled to practice in the Supe- rior Courts of the Colony, whether Barristers-at-Law, Attorneys, or otherwise. 18th June, 1863. Proclamation for the issue of Bonds for raising funds for the payment for the construction of the Cook's Ferry and Clinton Road. 30th June, 1863. Proclamation authorizing the collection of Tolls on animals, goods, &e., passing over the Alexandra Bridge. 21st September, 1863. Proclamation for enlarging the limits of the City of New Westminster for Municipal purposes. 23rd September, 1863. Proclamation enabling Her Majesty, Her heirs and successors to pay to certain Crown Officers out of the General Revenue, the Salaries therein men- tioned. 24th September, 1863. An Ordinance to promote the Drainage of Mines. 1st February, 1864. An Ordinance confirming certain Proclamations. 2nd February, 1864. An Ordinance to apply the sum of One hundred and thirty-five thousand six hundred and thirty-nine pounds, sixteen shillings, and seven pence. Sterling, out of the General Revenue of the Colony of British Columbia and its Dependencies, to the service of the year 1864: 18th February, 1864. An Ordinance to extend and improve the Laws rela- ting t& Gold Mining. 2Gth February, 1864. Repealed by(228) Do. Repealed by (228) Repealed by 161 Repealed by (228) Repealed by 161 Do. Repealed by (228) 45 46 47 48 49 50 Table of Laws. ■XSXi Title. Amended or Bepealed. No,, in this Volume. An Ordinance for the construction of a Toll Bridge across Thompson Kiver. 26th February, 1864 An Ordinance for the amendment of the " Licences Act, 1859." 10th March, 1864. An Ordinance to authorize a Loan of £100,000. 10th March, 1864. An- Ordinance to authorize the introduction of Steam Traction Engines into British Columbia. 10th March, 1864. An Ordinance to encourage the construction- of a Tel© graph Line connecting British Columbia with the Telegraph Lines of the United States, and for other purposes. 10th March, 1864. An Ordinance to facilitate the formation of Mining Joint Stock Companies. 4th May, 1864. An Ordinance to declare the lawful rate of Interest in the Colony. 4th May, 1864. An Ordinance to increase the facilities for Eegistering Documents relating to Keal Property. 4th May, 1864. An Ordinance for the regulation of the Inland Navi- gation of British Columbia. 4th May, 1864. An Ordinance for regulating the Postal Service. 4th May, 1864. An Ordinance for the relief of certain Naval and Mili- tary Settlers. 4th May, 1864. An Ordinance to amend Customs Duties. 4th May, 1864. An Ordinance for the protection of Inventions. 4th May, 1864. An Ordinance granting a supplemental supply of £60,076 8s. 8d. out of the General Eevenue of the Colony of British Columbia and its Dependencies, to the service of the year 1864. 21st December, 1864. An Ordinance to extend the term of the Steam Trac- tion Engine Ordinance, 1864. 7th February, 1865. An Ordinance to amend the Law of Evidence. 8th Feb- ruary, 1865. An Ordinance to amend the Duties of Customs. February, 1865. 15th An Ordinance in aid of the Trustees' Belief Act. 18th February, 1865. An Ordinance to encourage the construction of a Line of Telegraph connecting the Line of Tele- graphs of British Columbia with the Telegraph Eepealed^by (249) Kepealed by 161 Eepealed by 65 Eepealed by 71 Eepealed by 143 Never assented to. Eepealed by 84 Eepealed by 161 Eepealed by 79 Eepealed by 75 Obsolete. Repealed by 161 Eepealed by 74 Eepealed by T9 Eepealed by (244) 51 25 53 Appendixj- M ti^ fahUofLaws. Niliiibet. Title. Amended or Repealed. No. in this Volume. Line of Eussia and othet ObumijrieiSi tind for othier purposes. 21st Feferaaty, 1865. AA Ordinance fdr tiie constouction of a Toll Bridge across ThompsoJi Eiver, at Lytton. 22nd February, 1865. An Ordinance to amend the " First Telegraph Ordi- nance, 1864." 22nd February, 1865. An Ordinance to 6staJblisli a Decimal ByStem "of Ac- counts in the Colony of British Columbia. 4th March, 1865. An Ordinance to ajpply the Bum of ie225;946 12s. 8d out of the General Beveiiue of the Colony .of British Columbia and its Dependencies, to the service iX the year 1865. 17th March, 1865. An Ordinance to amend the Diies leviable at the Port of New Westminster. 18th March, 1865. An Ordinance for the formation and regulation of Municipalities in British Columbia. 22nd March, 1866. An Ordinance to amend the Excise Laws. 22nd March, 18«5. An Ordinance for imposing a Duty on Grold. 25th March, 1865. An Ordinance to amend and consolidate the Gold Mifliiig Laws. 28th Ma'rch, 1865. An Ordinance for the regulation of the Harbours of British ColutobiS,. "W^ March, 1865. An Ordinance to prohibit the sale or gift of Intoxica- ting Liquor to Indians. 'SOth Mardh, 1865. An Ordinance to J)rohibit the unseasonable destruc- tion of GaiBa*. Ifet A'pril> 1865. An Ordinance to exeiapt certain articles from Bead and Ferry Tolls, and for other purposes. 3rd April, 1865. An Ordinance to prevent the violation of Indian Graves. 3rd April, 1865. An Ordinance to ataend the Law relating to Bank- ■ ruptcy and Insolvency in British Columbia. lOth April, 1865. An Ordinance respecting Marriage in British Co- lumbia. 11th Ap^il, 1865. An Ordinance for regulating the amount and applicar tion of the Fees to be taken in the Supreme Court of Civil Justice from Suitors therein. 11th April 1865. Forfeited. Eepealed by 82 Biepealed by 161 Repealed by 91 Repealed by (254) Repealed by 90 Repealed by 92 Eepoaled by 85 Repealed by (262) and (329) Repealed by 69 Repealed by 89 Table of Laws. txi. Number. Title. Amended or No. in this Volume. An Ordinance respecting Arrest and Imprisonment for Debt. 11th April, 1865. An Ordinance respecting tlie the Salary of the Office ofGrovernor. 11th April, 1865. An Ordinance to facilitate the creation of Ports of Entry in British Columbia. Hth April, 1865. An Ordinance to declare the Limitation of Foreign Suits and Actions. 11th April, 1865. An Ordinance for regulating the acquisition of Land in British Columbia. 11th April, 1865. An Ordinance further to facilitate the construction of the Overland Telegraph. ] 1th April, 1865. An Ordinance in confirmation of certain Ordinances, 24th January, 1866. 31st An Ordinance in aid of the Trustees' Belief Act. January, 1866. An Ordinance to incorporate the Western Union Tele- graph Company, in lieu of the Western Union Tele- graph Extension Company. 31st January, 1866 An Ordinance to apply the sum of 1722,114.05 out of the G-eneral Kevenue of the Colony of British Co- lumbia and its Dependencies, to the service of the year 1866. 5th March, 1866. An Ordinance to amend the Law relating to Joint Stock Companies. 8th March, 1866. An Ordinance regulating the Investment of Sinking Funds of Public I/oans. 15th March, 1866. An Ordinance to consolidate the Laws relating to Licences. 22nd March, 1866. An Ordinance authorizing the sale of the E-eal Estate of Intestates. 22nd March, 1866. An Ordinance for the regulation of Ferries and Bridges. 23rd March, 1866. An Ordinance conferring certain privileges on the Williams Creek Bed Eock Flume Company. 29th March, 1866. An Ordinance granting a Supplemental Supply of ^32,456 7s. 5d., out of the General Eevenue'of the Colony of British Columbia and its Dependencies, for the service of the years 1864-5 respectively. 29th March, 1866. An Ordinance to repeal the Ordinance for imposing a duty on Gold. 29th March, 1866. Eepealed by 83 Disallowed. Eepealed by 144 Eepealed by 161 Eepealed by 1 04 61 62 Appendix. 63 64 Eepealed by 161 . Eepealed by 76 Eepealed by (265) Eepealed by 72 Eepealed by 161 Do. 65 66 67 XSQl. Table of Laws. Number, Title. Amended or Repealed. No. in this Volume. (256) (256) (257) (258) (259) An Ordinance further to define the Law regulating the acquisition of Land in British Columbia. Slst March, 1866. An Ordinance amending the procedure of the County Courts of the Colony of British Columbia. 5th April, 1866. An Ordinance for the regulation of Pilotage. 5th April, 1866. An Ordinance respecting the conversion of Sterling Money into ^Decimal Currency iacerta ia cases. 5th April, 1866. An Ordinance to define the jurisdiction of County Courts under the "Small Debts Aot, 1859." 6th April, 1866. B,epealed by 144 Kepealed by 95 Repealed by 87 Repealed, by 82 Repealed by 95 Appendix. A Table of the Laws of the Colont of British Columbia^ since the Union of THE TWO formerly SEPARATE COLONIES OF V^ANCOUVBR ISLAND AND BRITISH CO- LDMBIA, SHOWING THOSE REPEALED AND THOSE NOW IN FoROE. (260) (261) (262) (268) (264) '265) (266) (267) (268) (269) (270) An Ordinance of Indemnity for not enforcing certain Local Taxes of Vanconver Island.' 12th February, 1867. An Ordinance in aid of the Municipal Taxation in Victoria. 12th February, 1867. An Ordinance to prohibit the unseasonable destoue- tion of Game. 4th March, 1867. An Ordinance to assimilate ithe Law relating toi Sheriffs. 6th March, 1867. An Ordinance to prevent the violation of Indian Graves. 5th March, 1867. I An Ordinance authorizing the Sale of the Real and Personal Estate of Intestates. Sth March, 1867. • An Ordinance to assimilate the general application of iJn^ish Law. 6th Maich, 1867. An Ordinance to declare the Law relating to Interest. 6th March, 1867. An Ordinance for the regulation of Ferries and' Bridges. 6th March, 1867. Aa Ordinance making provision for Barristers-at-Law, Attorneys, Notaries Public, and Articled Clerics, of the late Colony of Vancouver Island. 7pany may from time to time, enter into any con- tract with any person or corporation for lighting or supplying with Gas, any public or private building, or the streets of the said Town, or for providing any person with pipes, burners, meters, and lamps,, and for the repair thereof, and the Company may, save as herein- before mentioned, let for hire any meter for ascertaining the quantity of Gas consumed or supplied, and any fittings within any building for Gas for such remuneration in moneyasshallbe agreed upon between the Company and any person or co-rporation to whom the same may be so let. 12. The Clerk, Engineer, or other offi.cer duly appointed for the purpose by the Carapany, may at all reasonable times enter anj building or place lighted with Gas supplied by the Company, in order to inspect the meter, fittings, and works for regulatino- the- supply of Gas, and for the purpose of ascertaining the quantity of Gas consumed or supplied. Provided that the Company shall ' publicly exhibit and keep exhibited in their office the names of all j)ersons appointed to enter and inspect as aforesaid.. 13., If any person supplied with Gas by virtue of this Act.' 4 [25 ViCT.J Mremm's JProieciion. , [Ko. 3.} neglects to pay the rent due for the same to the Company, the a. d. rsea.. Company may stop the. Gas from entering the premises of such person, by cutting off the aeryice-pipe, or by such means as the Company shall think fit, and recover the rent due from such person, together with the expense of cutting ofl the Gas, and the coat of recovering the rent; and in such cases, the Company, their Agents, or workmen, after giving twenty-four hours' previous notice to the occupier, may enter into any such house, building, or premises, between the hours of nine in the forenoon and four in the afternoon, and remove and cany away any pipe, meter, fittings, or other works, the property of the Company, but witiiout prejudice to the rights of any person whose property is damaged by removal afore- 14. This Act may be c|,uoted as the "Victoria Gas Company''a Act, 1860." No. 3. An Act to Extend and Amend the Provisions of the " Fire- -*•■ ^J^si. mail's Protection Act, 186,0." [lO^A September, 1861.] WHEREAS the provisions of the " Eireman's Protection Act, 1860," are by the said Act declared to be in force for the space of one year only from the passage thereof: And whereas it is expedient to re-enaet and amend th© same : Be it enacted by the Governor, on Her Majesty's behalf, by and with the consent of the' Legislative Council and Assembly of Vancouver Island and its Dependencies, as follows : — 1. The Fire Department of the Town of Victoria shall be organized in the manner following: — 2. The Eire Department shall consist of the existing Eire Com- panies and such other Companies as may be from' time to time admitted pursuant to the By-Laws for the time being regulating the Department. 3. The Officers of the Eire Department shall consist af a Chief Engineer, and an Assistant Engineer, a President,, a Secretary, and a Treasurer. 4. There shall b« a Board of Delegates consisting of three persons from each Company ; the first Delegates shall be elected within seven days after the passage of this Act ; the Delegates* 5 [N'o. 3.] Fireman's Protection [25 Vict.] A.D. 1831. shall be aftetpwards elected annually on some day to be fixed by a ByLaw. 5. lach membef of an admitted Company shall have three votes ill the election of Delegates, and he may vote for any three or less number of ciandidates ; but his vote, if given for a less number than three, shall only count as a single vote for each candidate for whom he votes. 6. The Board of Delegates shall have the power of passing By- Laws for the regulation of th-e Eire Department, which, after the approval in writing of the Governor for the time being, shall be binding and conclusive vn all members of the Fire Department. 7. The Board of Delegates shall annually elect a President, Secretary, and Treasurer of the said Fire Department, each member of the Board having one vote for each officer to be elected. 8. The first election of President, Secretary, and Treasurer shall take place on the seventh day after the election of the Board of Delegates. Subsequent elections shall take place on a day certain in each year, to be fixed by By-Law. 9. Until the election of a Chief Engineer and Assistant Engineer, the present Chief Engineer and Assistant Engineer shall continue to hold office. 10. There shall be an annual election for Chief Engineer and Assistant Engineer, at which each member of the Fire Department shall have a vote for Chief Engineer and also a vote for Assistant Engineer; and in case of an eqtiality of votes for either office the President shall have a casting vote. 11. The President of'the Department shall call the said election, giving ten days' notice thereof in at least one of the local papers. 12. The election shall be held under such regulations as may be contained in By-Laws to be passed by the Board of Delegates in that behalf 13. The election of Chief Engineer and Assistant Engineer shall be subject to the approval of the said Governor. 14. ISo member of a Fire Company admitted as aforesaid shall be liable for damage done by him to the property of any other person, in the extinction of, or attempted extinction of fire or in the removal of any erection, edifice, or building which, regard being had to the safety of adjacent property, may be reasonably deemed expedient to remove. 15. Provided always that in the destruction or removal of property aforesaid, the immunities hereinbefore given shall not extend to any person who shall act in such removal contrary to or without the order of the Chief Engineer or Assistant Engineer or [25 Vict.] Victoria Gas Company Mxtension. [ifo. 4.] other person who by virtue of some By-Law shall be authorized to A. D. 1861. direct the actions of the Fire Departmen . 16. Provided, also, that the immunities aforesaid shall not extend to any person who shall in the destruction or removal of any property aforesaid be guilty of malice, wanton mischievousness, or gross negligence. 17. In case of any suit or action brought by any person against any member of any Fire Company so admitted as aforesaid, in respect of damage done by such member, such member may obtain the benefit of this Act by the plea in the words and figures follow- ing : " not guilty" by statute, without malice, wanton mischievous- ness, or gross negligence. 18. This Act may be cited for all purposes as the " Fireman's Protection Act, 1861." No. 4. An Act to enlarge the time limited by the "yictorja Gas a. d. 1861. Company's Act, 1860," for the estabHshjment of Gas Workg and Buildings by the Victoria Gas Company. I9th December, 1861.] WHEREAS, by the third Section of the said Act, it is declared that the said Company shall, within one year from the passage of the said Act, unavoidable casualities of the sea and |[re not preventing, establish Gas Works and Buildings adequate to the supply of the Town of Victoria, and lay not less than Five Thousand feet of Mains of an adequate diameter, and supply therefrom to all persons as thereinafter mentioned, an adequate amount of Gas of good quality at the house, shop, establishment, or residence of the person requiring the same: And whereas the said Act was passed on the 19th day of December, A. D. 1860 : And whereas it is expedient to extend the period within which the said Company shall establish, lay, and supply the Works, Buildings, Mains, and. Gas aforesaid: Be it enacted by the Governor, on Her Majesty's behalf, by and with the advice and consent of the Legislative Council and Assembly of Vancouver Island and its Dependencies: 1. That the said Company shall and may estabHsh, lay, and Exteasion of time supply the Works, Buildings, Mains, and Gas aforesaid, within an graa^P/'^'"^ ^" 7 fKo.B.] Mne and (f oats. \25^igt.] A.D. 186U addition^] period of six months from the expiration of the said twelve months mentioned in the said "Victoria Gas Company's Act, 1860." Short Title, 2. This Act may be cited as "The Victoria Gas Company's Extension Act, 1861," No. 5. ^- P;^s62.. j^xx ^ct to prohibit Swine and Goats from running at large in the Town of Victoria; and to prohibit Goats from running at large in the settled Districts of Vancouver Island. I15th January, 1862.] WHEREAS it Is expedient to protect property from the depre- dations of Swine and Goats running at large in the Town and district of Victoria, and other the settled Districts of Vancouver Island : Therefore, be it enacted by the Governor, on Her Majesty's behalf, by and with the advice and consent of the Legislative Council and Assembly of Vancouver Island and its Dependencies, as follows: As to the Court of Bankruptcy. JufiadictibuinBank- 2. The Jtirisdicti6ii in Bankruptcy shall be administered by the cw Jjustice of the Chief Justice of Vancouver Island and its Dependencies, and by a Supreme Court and Commissioner in Bankruptcy. a Commissioner of Bankruptcy. g. T}ie Gourt of Bankruptcy shall have and exercise for the Powers of the Court, purposes of this Act, all the Jurisdiction, Powers, and Authorities of the Superior Courts of Law and Equity, and shall be a Court of ^Record. And the said Court, and the Chief Justice, and the Commissioner thereof, shall have and use all the powers, rights, incidents, and privileges of a Court of Eecord, as fully as the same are Used and enjoyed by any of Her Majesty's Courts of Law or Judges at "Westminster. And the Chief Justice and the Commia-;. eioner shall singly and simultaneously or otherwise, as occasion may require, be and form the Court for eVery purpose under this Act, except where otherwise in this Act specially provided. Governor to appoint 4. It shall be lawful for the Governor for the time being from time to time to appoint a fit person, being a Sergeant-at-Law or Barrister-at-Law, to be Commissioner in Bankruptcy. Such Com- missioner shall be incapable of being elected a Member of the House of Assembly, and shall (when appointed) have primary Jurisdiction. jurisdiction in all cases where an affidavit is filed in the Supreme Court by the Bankrupt, or any petitioning Creditor or Creditors, that the assets of the proposed Bankrupt do not amount to ^500. Oath of Commis- 5. The Commissioner shall before executing any of the duties eioaeri. of his Office take the following oath, which the Chief Justice is hereby authorized and required to administer : — "I, A. B., do solemnly and sincerely promise and swear, that I will duly and faithfully, and to the best of my skill and power, execute the office of Commissioner in Bankruptcy. So help me God." As to the Officers of the Court. Registrar of Su-, 6. The person discharging the duties of Eegistrar and Master of B?Tsteft»'"and%ax^ *^'® ^^^P""^"^® Court of Civil Justice, shall act as Registrar and ing Master of Bank- Taxing Master in Bankruptcy. ruptcy Court. Sheriff to act as Mes- 7. The Sheriff of Vancouver Island shall discharge the duties Bcnger. q£ Messenger in all naatters of Bankruptcy and shall give such security in respect of such duties, and shall receive such remune- ration in respect of such services as General Orders shall direct. As to the Accountant in Bankruptcy. Efigistrar to be Ac- 8. The duties of Accountant in Bankruptcy shall be discharged countant in Bank- ^y ^]^q person discharging the duties of Registrar of the Supreme Court of Civil Justice. Ike Official Assignee. 9. It shall be lawful for the Chief Justice, with the approval of the Governor, to appoint some person or persons to act as Official 10 [25 VicT.J Mnhupicy, t^o. 6.] Assignee or Assignees, who shall enter infd silch security for the A. D. isez, due performance of his or their duties as may be directed by " iGeneral Orders. 10. The remuneration' of the Official Assignees shall be by per' centage upon the amount of the assets of the Bankrupt, divisable amongst his Creditors, as and by way of dividend of such an amount as may be fixed by General Orders. 11. In all cases of arrangement, supersession, annulling, suspen- sion, or withdrawal of proceedings in Bankruptcy, a proportionate amount of the per centage payable to the Official Assignee shall be ascertained by the Registrar, regard being had to the amount of work done by such Official Assignee which will not be required in consequence of such supersession, annulling, suspension or with- drawal, subject to the review of the Court. As to the' Taxing Master. 12. All Bills of Costs, Charges, Fees, and disbursements of giug of Q^^^g ^.^ j,^ Bolicitors and Attorneys and of any Auctioneer, Appraiser, Broker, Taxed subject to re- Valuer, or Accountant, or any other person not being an Attorney or Solicitor, in any matter under this Act, shall be settled by the Registrar, subject to the review of the Court. 13. All fees authorized to be taken and which shall be received Fees presciribed by by the Officers of the Court under this Act, shall be accounted for ^^^^ •f'l*' *° ^^ *5' ■' _ ' counted for and paid and paid by them respectively, once in every month, to the into the Treasury- Treasurer of the Colony, and shall be by him placed to the credit of the Accountant in Bankruptcy in an account to be entitled "The Registrar in Bankruptcy Account," and the said account shall be chargeable with the salaries of the Officers, and other expenses of the Court: and such salaries shall be fixed by the Governor, having regard to the nature and duties of the office, as he may think just. And the amount of fees so received and paid by such Officers shall be verified by the affidavits ol the accounting party. And all such fees shall be applied solely to the purposes of the said Court. And no payments shall be made from the General Eevenue of the Colony on account of the salaries of the Com- missioner in Bankruptcy or of those of any of the Officers of said Court. 14. If any Judge, Commissioner, Registrar, Accountant, Master, Penalty on Officers Official Assignee, Clerk, or any other Officer of the Court of Bank- ^properly receiving o ' ' .^ _ money, ruptcy,' shall for anything done or pretended to be done under this Act, or under color of doing anything thereunder, fraudulently and wilfully demand, or take, or appoint, or allow any person whatso- ever to take for him or on his account, or for or on account of any person by him named, or in trust for him or for any other person by him named, any Fee, Emolument, G-ratuity, Sum of Money, or anything ot value whatsoever, other than is allowed by this Act, such person when convicted thereof, shall forfeit and pay the sum of Five Hundred Pounds, and be rendered incapable of holding any office or place under 'Her Maj esty. 11 [Ko. 6.] Bankrupicy. [25 Vict.] A. D. 1862. As to General Orders. General Orders. 15. The CMef Justice shall (with the assistance of the Commis- sioner, when such Commissioner shall be appointed) from time to time, and subject to the provisions of this Act, frame General Orders for the following purposes: For regulating the practice and procedure of the Court of Bank- ruptcy, and the severaL Forms of Petitions, Orders, and other proceedings to be used in the Court in all matters under this Act. For regulating the Duties of the various Officers of such Court. For regulating the Fees payable and the Charges and Costs to be allowed with respect to all proceedings before such Court. Provided, always, that the Court may vary or alter such Fees; but the Fees chargeable under Schedule A. of this Act, shall not be increased to a higher amount than by this Act prescribed. For regulating the practice and procedure on Appeals. For regulating the filing, custody and inspection of Records, and generally for carrying the provisions of this Act into efliect. General Orders may 16. General Orders may be rescinded and varied from time to be rescinded and tij^g. ^nd all General Orders shall be laid before the Legislative varied, and submit- „., -, -rr o. -i. ip ted to the Legisia- Oouncil and House of Assembly within one month after the *°^®' making thereof, if the House of Assembly and Council be then sitting: or if not then sitting, within one month from the com- mencement of the then next session. As to the Sittings of the Court. Court to sit when ■'•'''• ^^^ Court of Bankruptcy shall sit for the dispatch of business requires, business as necessity may require, Sunday, Christmas Day, Good Friday, Monday, and Tuesday in Easter "Week, and days appointed for public Fast or Thanksgiving excepted, and at such other times as the Chief Justice may appoint by General Orders. As to the Practice and Procedure of the Court. Evidence. 1^- '^^^ Court may in all matters take the whole or any part of the evidence, either viva voce on Oath, or by Interrogatories in writing, or upon Affidavit, or by Commission abroad. Sittings in Cham- ^^- ^'^^ Chief Justice and Commissioner shall respectively sit ^^^^- at Chambers for the dispatch of such business, as can without detri- ment to the public advantage arising from the discussion of questions in open Court, be heard in Chambers, and when sitting at Chambers they shall have in all respects like power and jurisdiction as when sitting in Court, and the Chief Justice may direct, from time to time, that any matter pending before him shall be heard and decided by the Commissioner. Attendance of wit- 20. Parties and witnesses summoned before a Registrar, shall be n^^ses before Eegis- ^^^^^ ^^ attend in pursuance of such summons, and shall be liable 12 [25 Vict.] Bankruptcy. [No. 6.] to Process of contempt in like manner as parties and witnesses are a. d. i862. now liable thereto in case of default in attendance under any writ of subpoena: and all persons wilfully and corruptly swearing or affirming falsely before a Commissioner or Registrar sitting in Chambers, shall be liable to all the penalties, punishments, and consequences of perjury. 21. If any person examined before a Registrar shall refuse or Becusant witnesB. decline to answer, or to swear to, or sign his examination when taken, the Registrar shall refer the matter to the Chief Justice or Commissioner, as the case may be, who shall have power to order the person so acting to pay the costs thereby occasioned. 22. In any Bankruptcy or any other proceeding within the Parties may at any , _ ...» Stfli^C 01 bUG C3>88 jurisdiction .of the Court, the parties concerned or submitting to state a special ease. such jurisdiction may, at any stage of the proceedings, by consent, state any question or questions in a special case for the , opinion of the Supreme Court, and the judgment of the Supreme Court shall be final, unless it be agreed and stated in such special case that either party may appeal. 23. The parties may, if they think fit, agree that upon the A sum maybe made question or questions raised by such special case being finally to abide tii^ dedsion decided, a sum of money fixed by the parties, or to be ascertained °^ "*^ *=*^«' by the Court, or in such manner as the Court may direct, or any property, shall be paid, delivered, or transferred by one of such parties to the other of them, either with or without costs. 24. The Court of Bankruptcy may direct the Registrar to attend Registrar to attend , „ ,, J. ■, ij. ,. „ « ,., at such places as the at any place for the purpose of holding any meeting of Creditors, court may direct. of receiving proof of debts, and generally for the prosecution of any Bankruptcy or other proceeding under this Act, and the travelling and incidental expenses of such Registrar, and of any Clerk or other Officer attending him, incurred in so acting, shall be settled by such Court, and paid out of the assets of the Estate in respect of which such Registrar has so acted; and such Registrar so acting shall have and exercise all powers, except the power of Commit- ment, vested in such Court for the summoning and examination of persons or witnesses, and tor requiring the production of Books, PaperSj and Documents. Provided, always, that all Depositions and Examinations of pers(ms and witnesses taken before such Registrar, and all acts done by him shall be reduced to writing and be signed by such Registrar, and shall be annexed to and form part of the proceedings. 25. It shall be lawful for the Chief Justice or Commissioner to Court may direct direct any question ot fact to be tried and determined before the be tried. Chief Justice by the verdict of a special or common Jury. The Chief Justice may make all such Rules and Orders upon the Sheriff or any other person for procuring the attendance of a special or :i3 [No. e.] Bankrupky. [25 "^ic^-l A. D. i862. common Jury for the trial of such questions, as may be made by the Supreme Court; and also, may make any , othex Orders which may be requisite for th^ purpose of such Trial; and every such Jury shall consist of persons possessiiig the like Qualifications, and ihall be struck, aummoned, and balloted for, and called in like manner as if such Jury were a Jury for the Trial of any cause in , , : . , . the sa,id Supreme Court, and every Juryman so summoned &hall be entitled to the same right, and be subject to the same Duties and Liabilities, as if he had been duly summoned for the Trial of any cause in.the said Supreme Court; and every party to any such proceecfing'sii^lMle entitled to the same right as to challenge and otherwise, as if he were a party to a cause in the said Supreme V " Court,' and af the Trial the Jury sha;ll be sworn to try the said . ^ question of fact, and a true Verdict to give thereon, aeeording to the Evidence. Court may direct 2]6, It shall be lawful for the Chief Justice and the Commissioner •'^^"®^" to .direct one or more Issue or Issues to be tried in the said Supreme Court, and either by a special or common Jury, in like manner as is now done by the Court of Chancery. Form of Warrant. 27. Every "Warrant issued by the Court under this Act, shall be under the Seal of the Supreme Court, and the hand of the Chief Justice or Commissioner, as the case may be; and every Summons shall be under the han4 of the Registrar, and under the Seal of the Supreme Court. Documents and 28. The Court shall cause to be sealed with the Seal of the deredto^e^seaiedr' Supreme Court, all such Records, Proceedings, Documents, and , , copies of the same, as are by this Act, or shall be by General Orders,, required to be so sealed, and such other Records, Proceedings, Documents, and copies of the same, as the Court shall at any time direct.' No document to be 29, 'Eo Rule, Order, "Warrant, or other Proceeding, or Document Ylm ^"^ ^*"' **^ required by this Act to be in a Form given in the Schedule to this Act, or to be given by any General Order, shall be invalidated by reason of any want of Form, or omission therein, if such want of Form or omission shall not in the opinion of the Court before which the same shall be brought, be calculated to mislead or prejudicially affect any party. As to AfpecCts. Appeal from Con- ^^- Every decision or Order of the Commissioner shall be xQissioner to Ch ef subject to appeal before the Chief Justice, to be brought on by way of petition, motion, or special case. On the hearing thereof, no new evidence shall be received without leave of the Chief Justice, and if such appeal shall not be presented within twenty-eight days from the date of the Decision or Order complained of, or within such further time as the Commissioner shall in any case allow, theni BHeh Decision or Order shall be final, 14 [25 VioT.J Bankruptcy. [No» 6.]' 31. Every Decr'ee or Order made by the Chief Justice fihall be a. d.' i8i52-. final, es^cept in those cases where an amount of ,£300, or more, is j^^^^^^^ ~^^ Oliief involved, in which case an appeal shall lie to the Privy Council. Justice to Privy Council. 32. On the hearing of any .appeal, the Chief Justice may exercise ohief Justice may any part of his original Jurisdiction, and may, if he think fit, remove proceedings, direct that the case or matter in which the Order appealed from was made, be removed from the Jurisdiction of the Commissioner, either wholly or in part, and be thenceforth prosecuted in the Supreme Court, or in the Commissioner's Court, as he shall think fit. As to the Persons svhjeci to this Act, 33. All Debtors, whether Traders or not, shall be liable to be ah persoas are H- declared and adjudged bankrupt, and be subject to the provisions Bankrupt^^"""'* of this Act, and in the procedure to obtain adjudicaltion it shall no longer be necessary to show any trading on the part of the Debtor. 34. If any person not being a Trader shall, with intent to defeat Acts of Bankruptcy or delay his Creditors, depart this Realm, and with such intent ^^ •'°'i-*''* ^'^*' remain abroad, or shall, with such intent, make any fraudulent Conveyance, Gitt, Delivery, or Transfer of his Real or Personal lEstate, or any part thereof respectively, such person shall be deemed to have thereby committed an act of Bankruptcy, provided always that before any adjudication in Bankruptcy shall be made against the Debtor under this Section, the following rule shall be observed : — 1. A copy of the petition for adjudication shall be served per- sonally on the Debtor, either within the Jurisdiction, or in such place or country, or within such limits abroad as the Court shall upon application for that purpose direct. 2. Such copy of petition shall have endorsed thereon a memoran-. dum in the form to be settled by General Orders, specifying the time within which the Debtor is to appear on such petition, and such time shall, when the service is to be made abroad, be the time which the Court shall think reasonable, having regard to the place or country where the service is to be made. S. In no case of service out of the Jurisdiction shall the time for appearance be less than thirty days after service. 4, If it shall appear that such Debtor is avoiding service of such petition, and that such service cannot reasonably be effected, the Court may order that a copy of the petition be served at the residence or last known place of abode of such Debtor in . Vancouver Island, and shall in such order appoint a time for hearing the petition, which shall not be less than sixty days from the time of such service. 15 [No. 6.] Bankmptey. [25 Vict.J A.D. 1862, 6. If at the time limited for appearance, or at the expiry of the said Bixty days, the Court shall at the hearing of such petition be satisfied that an act of Bankruptcy has been com- mitted within the meaning of this Section, it may adjudge such Debtor to be a Bankrupt, 35. The Court may order the Messenger in Bankruptcy to seize and hold any property believed to have been the property of the person who has so departed this Realm, at the time of his or her departure, upon the application of any person competent to present a petition for adjudication ex parte, such application being sup- ported by aiSadavits verifying the departure with intent to delay or defraud Creditors, and that the property was at the time of the departure in the apparent ownership of the person who has so departed ; and the Court may vary, dismiss, suspend, or support such order, upon such terms as may seem expedient. Lying in prison an 36. KanyDebter, whether a Trader or not, having been arrested act o an Tuptcy. ^^ committed to prison for a Debt, or on any attachment for non- payment of money, shall upon such, or any other arrest or commit- ment for Debt or non-payment of money, or upon any detention for Debt, lie in prison for fourteen days, or having been arrested for any cause, shall lie in prison for fourteen days after any detainer for Debt lodged against him and not discharged, every such Debtor shall thereby be deemed to have committed an act of Bankruptcy, or if any such Debtor having been arrested, committed, or detained for Debt, shall escape out of prison or custody, every such Debtor shall be deemed to have thereby committed an act of Bankruptcy from the time of such arrest, commitment, or detention. Filing declaration of 37. If any Debtor, whether a Trader or not, shall file in the office mabihty. ^^ ^^^ Registrar, a declaration in writing in such form as G-eneral Orders shall directj signed by such Debtor and attested by the Registrar or an Attorney or Solicitor, that he is unable to meet his engagements, every such Debtor shall be deemed thereby to have committed an act of Bankruptcy at the time of filing such declara- tion, provided a petition for adjudication of Bankruptcy shall be filed by or against him within two months from the filing of such declaration. Execution for £50 38. If any execution shall be levied by Seizure and Sale of any Baakrup^iV* ''^ of the Goods and Chattels of any Trader Debtor, upon any judg- ment recovered in any action personal for the recovery of any Debt or money demand exceeding Fifty Pounds, every such Debtor shall be deemed to have committed an act of Bankruptcy from the date of Seizure of such Goods and Chattels. Provided, always that unless in the meantime a petition for adjudication of Bankruptcy against the Debtor be presented, the Sheriff or other Officer making the levy shall proceed with the execution, and shall at the end of seven days after the Sale pay over the proceeds, or so much 16 [25 Vict.] Bankruptcy. piTo. 6-1 as ought to be paid to tlie Execution Creditor, wto shall be entitled j\^.j)_ 1862. thereto, notwithstanding such act of Bankruptcy, unless the Debtor ^ — be adjudged a Bankrupt within Thirty Days from the date of the Seizure, in which case the money so received by the Creditor shall be paid by him to the Assignee under the Bankruptcy ; but the Sheriff or other Officer shall not incur any liability by reason of anything done by him as aforesaid. 39. Whenever the G-oods and Chattels of a Debtor are sold under Goods taken uudef an Execution upon any judgment recovered in any action or suit p^*'^j[g •g^'^^^g^''^"^ ^' brought for the recovery of a Debt, Money, Demand, or Damages against any Debtor, such Goods and Chattels shall in all cases but those of perishable commodities be sold by the Sheriff by Public Auction, and not by Bill of Sale or Private Contract, and such Sale ehall be publicly advertised by the Sheriff on and during three days next preceding the day of Sale. In the case of perishable commod^ ities the Sheriff shall sell at his uncontrolled discretion. As to an Act of Bankruptcy hy non-payment after Judgment Debtor Summons. 40. Every Judgment Creditor who is or shall be eatitled to sue JadgmentSumffiieffis. out against a Debtor a Writ of Capias ad Satisfaciendum, or to charge the Dabtor in Execution, shall be entitled at the end of one week from the signing of Judgment to sue out against the Debtor^ whether he be a Trader or not, and whether he be in custody or not, a Summons, to be called a Judgment Debtor Summons, I'equiring him to appear and be examined respecting his ability to satisfy the debtv 41. Where, after the commencement of this Act, a Decree ot Order In Equity o* Order of a Court of Equity or an Order in Bankruptcy or Insol- ^^^^^^"^P*^°y^|^°g^P^y^ Vency or Lunacy, directing the payment of Money, is disobeyed by titles Creditor to & the Debtor, the same having been duly served upon him, ahd the ^ ^'^^ ummons. person entitled to receive the Money or interested in enforcing payment of it, has obtained a peremptory order of the competent Jnrisdictiola fixing a day for payment, and the Debtor does not within seven days after service on him of the peremptory Order, or such Order having been duly served witkin seven days after the day fixed by the peremptory Order for payment (which shall last happen) pay the Money, or secure or tender or compoutid for it to the satisfaction of the Creditor, the Creditor shall be entitled at the end of those seven days to sue out against the Debtor a Judgment DebtOT Summons. 42. Where the D«febtor is in V'ancouver Island the Summons j^^gnient Debtoi" to »hall be served personally, unless the Court issuing the same shall ^e served person- in any eervice. • T i XI J. • • ii • -1 allyi unless othet' in any case direct that service in some other manner is good wise ordered. 17 [Ko. e.] Bankruptcy. .[25 Vict.] A-D. 1862. Service out of the jurisdiction. Service oti prisoner. Substituted service. Proceedings on Judgment Debtor Summons. Proc'eediBgS in fault. de- be 43. "Where the Debtor is not in Vancouver Island the Court, ttpon stlch evidence as shall satisfy it that the service will be effectual to give notice to the Debtor, may order service to be made in such manner and form as it shall deem fit, and shall appoint a time by such order for the appearance of the Debtor. 44. "Where the Debtor is in custody, a duplicate of the Summons shall be delivered to the Sheriff or other person in whose ctistody he is, who shall bring him up according to the Summons. 45. If service of the Summons be not effected, and the Court' is satisfied that the Debtor is keeping out of the way to avoid service, it may order that one or more JS^otices be inserted in one or more lifewspapers published in the Colony, requiring him to appear on a day named, being not less than Fourteen Days after the publication of the firal^tiotiee. 46. trpon[the appearance of the^ Debtor" he may be examined upon oath by or on behalf of the Creditor, and by the Oourt, respecting his ability to satisfy the debt, and for the discovery of property applicable in that behalf, and shall be bound to produce on oath or otherwise such books, papers, and documents, in his possession or power relating to property applica,ble or alleged to be applicable to the satisfaction of the debt as the Court shall think fit, and to sign his examination when reduced to writing, and any Debtor refusing to be sworn, or who shall upon examination refuse or wilfully fail to discover fully and truly to the best of his knowledge and belief all his propeirty, real and personal, inclusive of his rights and credits, and to produce all books, papers, and documents in his possession or power relating thereto, shall be liable to be committed by the Court, as in the case of a Bankrupt, 47. Ifafter service of such Summons or due notice thereof as aforesaid, the Debtor shall not pay the debt and costs, or secure or compound for the same to the satisfaction of the Creditor the Court may on the appearance of the Debtor, or if he shall not appear, having no lawful impediment allowed by the Court, adjudge him Bankrupt without the presentation of a petition for adjudica- tion or other proceeding; and where the Debtor has not appeared notice of such adjudication shall be served upon him in like manner as herein provided with respect to service of the Summons. 48. The Debtor shall be allowed three days from such notice extended tll\ or such further time as the Court shall think fit, for appearing ta Appearance to within three or extended , ... . - - tj - and on appearance gboW cause against the adjudication, and if he appear within the be" fithCT^annuUed time aljowed, and show sufficient cause, the adjudication may be or made absolute. annuUedj otherwise, at the end of the time allowed, or on the judgment of the Court against the sufficiency of the cause shown the adjudication shall become absolute, and notice thereof shall be forthwith given in one or more of the local Newspapers, and the 18 [25 Vict.] BanJcruptc]/. [No. 6.] adjudication shall have relation back to the service of the Summons a.D. 18f>2. or the insertion of the first notice in the said local Newspaper, as the case may he; and the fees payable upon the presentation of a petition for adjudication of Bankruptcy shall be paid in respect of adjudication under this section or under the last preceding section, by the Official Assignee or Creditors' Assignee, as the case may he, out of the first Moneys that shall be received under the Estate of the Bankrupt. 49. The provisions contained in this Act relating to the committal provision for com- of a person refusing to be sworn, or doing or omitting the other ^'llf' *° apply to acts or things therein mentioned, shall apply to a Debtor appearing ment Summons, on a Judgment Debtor Summons. As to proceedings before adjudication in the ease of non4raders. 50. Proceedings to obtain adjudication in Bankruptcy shall be Proceedings in by Petition on the oath of the Petitioner. Every such Petition Bankn p',cy against Tiori— "t"nfl.ii PT"fl to lip shall be filed of record, and prosecuted as directed by this Act; commenced by pe- and fipom and after the filing of such Petition in the case of a *'*'*"'• Debtor petitioning against himself, and from and after adjudication in the case of a Debtor not being a Trader who shall be adjudged Bankrupt,, the Bankrupt personally, and all his Estate and Effects of what nature or kind soever, shall he subject to the law of Bank- ruptcy in like manner as if such Debtor had been a Trader, and as such duly found and declared a Bankrupt,. 51. The amount of the debt of any Creditor Petitioning for petitioning Credl- Bankruptcy against a Debtor, whether a Trader or not, shall be as t<"'s debt, follows, that is to say: The Debt of a single Creditor, or of two or more persons being paartners, shall amount to Twenty-five Pounds or upwards. The Debt ot two Creditors shall amount to Thirty-five Pounds or upwards. The Deht of three or more Creditors shall amount to Fifty Pounds or upwards. Every person who has given credit to any Debtor upon Valuable Consideration for any sum payable at a certain time, which time ehall not have arrived when such Debtor committed an act of Bankruptcy, may so petition or join in petitioning whether he shall have any security for such sum or not. 52. If the Debt stated by the Petitioning Creditor in his affidavit, „ • •. • .... ,. 1. T ,. . T T , 1 • ,. T^ T . Power to anu\}l, and or m his petition for adjudication to be due to mm irom any Debtor, compel payment of shall not be really due, or if, after a petition for adjudication of *^*™*g®s> Bankruptcy has been filed, it shall not have been proved that the person against whom such petition has been filed, was liable to an adjudication of Bankruptcy at the time of the filing of such petition,, and it shall also appear that such petition was filed 19 P^o. 6. J Bmkruptcff. [25 Vict J A.D. 1862. fraudulently or maliciously, the Court shall, and may upon petition of any person aggrieved by such petition, examine into the same, and order satisfaction to be made to him for the damages by hijn sustained. Corporate Officer ^3. A Petition for adjudication of Bankruptcy or Judgment may sue. Debtors Summons, against any Debtor indebted in the amount aforesaid, to any Copartnership duly authorized to sue and be sued in the name of a Public Officer of such Copartnership,, may be filed or sued out by such Public Officer as the nominal Petitioner, for and on behalf of such Copartnership. Debtor may petition. 54. Any Debtor may petition for adjudication of Bankruptcy against himself, and the filing of such Petition shall be an act of Bankruptcy without any previous declaration of Insolvency by such Debtor. Debtor to file state- 55. Every Debtor petitioning against himself shall file in ment of Assets and Court, together with his Petition, a full, true, and accurate statement of his Debts and Liabilities of every kind, and of the names and residences of his Creditors, and of the causes of his inability to meet his engagement, and such slatement shall be in such form as General Orders shall direct, and shall be verified by the Oath of the Petitioner. Prisoner filing peti- 56. Every Debtor who shall present a Petition for adjudication tion^to give notice ^yjiiigf a prisoner in any prison or gaol, shall by writing give notice to the keeper of such gaol or prison of his intention so to do, and. shall in his Petition state that such notice has been given. 57. If the petitioning Creditor shall not proceed and obtain catio^n^" aa°y Vredi- ^■^j U'di'cation Within three days after his Petition shall have been, tor may proceed. fi^ed, or within such extended time as shall be allowed by the Court, the Court may at any time at the expiration of three days, or of such extended time as the case may be, upon the Petition of any other Creditor tO' the amount required to constitute a Petitioning Creditor, proceed to adjudicate on such last-mentioned Petition. If a Debtor petitioning against himself does not obtain adjudication within twenty-four hours after filing such Petition, the Court may proceed to adjudge the Debtor a Bankrupt on the Petition of any competent Creditor. Character of petiti- ^8. In the Computation of debts for the purposes of any Petition oning Creditor's under this Act, there shall be reckoned as debts : — 1st. Sums due to Creditors holding mortgages or other available eecurities or liens, after deducting the value of the property comprised in such mortgages, securities, or liens. 2nd. Such interest and costs as shall be due in respect of any of the debts. But there shall not be reckoned : — Ist. The amount of the debts in respect of which the Petitioner has already taken the benefit of Insolvency, Protection or Bankruptcy. 20 [25 Vict.] Banknijptey. \^o. 6.] 2iiu. Debts barred by any Statute of Limitations- _^ £> iggg. As to adjudication of Bankruptcy against Pauper Prisoners. 59. If any Debtor now being or wbo shall be imprisoned for any Petitions in forma debt or demand, shall be unable to petition the Court for an adjudi- pauperis. cation of Bankruptcy against himselfthrough poverty , he shall be at liberty to petition in forma pauperis, upon making an affidavit that he has not the means of paying the fees and expenses usually payable in respect of a Petition by a Debtor for an adjudication of Bankruptcy. Such an affidavit may be sworn before the gaoler of the prison where such Debtor is confined, and such gaoler is hereby empowered and required to take such affidavit and swear the deponent thereto without fee or reward. 60. Every person so petitioning in forma pauperis as aforesaid, petit?on in fonn* shall be brought up to the Court at its next sitting after the Pauperis to be , broTight up for es- presentation of such petition, and shall be examined by the Court amination at the touching his Estate and Effijets, Debts, Dealings, and Transactions; "**' Coort. and if the Court shall be satisfied with such examination, it shall make an order of adjudication of Bankruptcy against the Petitioner, and if it think fit, grant an order of protection to the Petitioner. As to Persons arrested for Debt. 61. Any person arrested upon a Capias ad Satisfaciendum, may gaii to ca. sa. may at anv time thereafter take out a Summons in the Supreme Court, ^^ giyen on Sum- ■, r. T-...f.TT ■ - .,., mons for that pur- either before or after a Petition tiled, or in cases coming within the pose. primary jurisdiction of the Commissioner in the Court of the Commissioner calling upon the person or persons on whose behalf such writ was issued to show cause why Bail (the particulars whereof shall be mentioned in such Summons) should not be taken for his appearance at such times as he may be called upon to appear by the Court. 62. The Chief Justice, or the Commissioner, as the case may be, r^j^g q-^^^^ justice may direct that such person may be either discharged from or mayorderdischarge. remitted into custody, for such time and upon such terms and Bail as may be deemed just, and may postpone the hearing of such Summons from time to time. 63. The Sheriff may personally take such Bail for the appearance „ „ ,„ , „ ,. , TTT ■ n r^ . -, Sheriff may, on his betore the Court ot any person arrested on a W rit of Capias ad own personal re- Satisfaciendum, within Fourteen Days from such Bail, as he may ^P^o^sihiiity, take think sufficient, but the Sheriff shall in default of such appearance be liable for the debt in respect of which such "Writ originally issued. 64. In all cases where Bail is taken, the Debt in respect of which Debt to beconaider- such Writ was issued, shall be deemed and taken to be subsisting, ed as subsisting. notwithstanding such Arrest, Bail, or Discharge. 65. The Gaoler of every Prison in this Colony shall, on the first Q^oier to return day of every month, or if such day shall happen to be Sunday, then number of persons 21 [Ko. e.] Bankrapteg. [25 Vict.] A.Di 1862. on tbe day next following, make a Eeturn to the GHef Justice in c t^d — d under his hand of the name of every sucb person in custody, upon process, any process whatsoever, for or by reason of any Debt, Claim, or Demand whatsoever, and the date of his or her imprisonment, and the nature of the amount of the Debt or Demand for which he or she is imprisoned or in custody, and whether he or she is willing to petition the Court of Bankruptcy, or is unable to do so by reason, of poverty, or' in such other form and manner and with such particulars as any General Orders shall direct. Such, return shall also include the names and addresses of every Credl^jor at whose suit such prisoner is imprisoned or detained. Attendance of the 66. The Chief Justice shall in every case on receiving such ^uMi^''by Mw*^. ^"' Betum make an Order that the Registrar shall attend at the Gaol on a day to be named, being at least seven and not more than twenty-one days from the date of such Eeturn. E'otice of such Order shall be forthwith given to the Gaoler, and also to. the Execution and Detaining Creditors of every prisoner included in such return. On the day named in the Order the Registrar shall ' attend at the prison and. examine every prisoner included, in such return who shall have been in prison for fourteen days, touching his estate and effects, debts, dealings, and transactions. The Registrar shall also ascertain the last or longest place of abode and business of each such, prisoner within the six months next, prior to his imprisonment. The Chief Justice on the report of the Registrar shall have power to make an Order of adjudication in Bankruptcy against every such prisoner, and to grant him protection, and shall also direct in what Court such adjudication shall be prosecuted. Eegistrar to report 67. If the prisoner shall refuse to appear, or to be sworn, or ta in cases of recusant answer all lawful questions of the Registrar, or of the Execution or prisoner who may be t^ . . ^ ,. „ < , "-iwAj. v/o. committed. Detaining Creditors, or of any other Creditor who shall be present, respecting his debts, liabilities, dealings, aM transactions, or to- make a full' discovery of Ms estate and effects and of all his Books of aecouitt, or to produce the sam«, or to sign his examination when taken, the Registrar shall report the same to the Court, and ther Court, may by warrant, ujader the hand and seal of the Ciiief Justice,, and in the form contained in Schedule C. to this Act, commit him to the, common gaol, there to be kept with hard labour for any time not exceeding one month,, and the Court may at the same time adjudge such prisoner Bankrupt ; provided, that if after such adjudication the Bankrupt shall, before the period of such- commitment has expired, submit to be examined and in all things conform to the jurisdiction of the Court, he shall have in all respects the same benefit as if he had submitted to the Court in the first instance. Adjudication to re- 68. Eveiy adjudication against any prisoner for debt so brought iommHment'^^'^ °^ up as aforesaid, shall, unless the Court shall otherwise direct, have ■ 22 [25 Vict.] Bankrwpkp fKo. 6.] relation back to the date of his commitra6bt of detention, as the a.B. 1862- case may be, and shall be as valid and effectual for all purposes as if it had been made under any other of tfae provisions of this A«ft. 69. Ko person who is in custody solely under or by virtue of any No persouimprfsoii- ■warrant or order made or issued by, or by the authority of a Judge from the small Debts sitting in tbe existing or any future Small Debts Court, shall ^e Court t^obemduded included in the return so directed to be made by gaolers as afore- said, or released from such imprisonment by virtue of any order to be made on the certificate of the Registrar aforesaid. ^ As to the Mights and Duties of the Oreditofs Assignee. TO. The Creditor's Assignee stall manage, and, except as Herein oteditor'a Assignee provided, realize and recover to the Estate all real and personal and^ply m^one^fin! property belonging to tbe Bankrupt, wherever situated, and con- to Court, vert the same into Money, and he shall pay all Moneys not neces- sarily retained for current expenses, all public Securities, and all Bills, Notes, and negotiable Instruments belonging to the Estate, forthwith upon the receipt thereof, into Court, to the account of the Account in Bankruptcy. 71. The Creditor's Assignee shall, at the end of three months Creditor's Assignee from and after his appointment, and thenceforth at the expiration *° ae tectioBs, any of such persons, or between any persons claiming under a Trust Deed, Deed of Composition, or Arrangement, relating to any Bankrupt's or Debtor's Estate, or to any money or property claimed as part of the Estate of any Bankrupt or Debtor, either party may apply to the Court having jurisdiction in the Bankruptcy, and it shall be lawful for the Court to determine the same, and to summon and examine upon oath the Official Assignee, or Creditor's Assignee,, Trustee, or any other person whomsoever, as to any matters and things concerning the Bankruptcy, or Trust Estate, and to direct such enquiries, and to give such directions, and make such orders relative thereto, as shall to the Court seem just and expedient, and to award costs personally, or in any other manner, against the Official or Creditor's Assignee, Trustee, or any, other person ; provided, that in all cases in which a resolution has been coine to by a majority in number and value of the Creditors assembled in a meeting, regard shall be had by the Court to such 24 [25 Vict.] Bankruptcy. [No. 6.] re8olution, and the same shall not be varied or set aside by the _4.d. i862. Court, unless such resolution shall in the opinion of the Court be unjust or inequitable, and not fit to be binding and conclusive under this Act. 78. At any time after the expiration of twelve months from Power of Asligneea adjudication, or at any earlier period, with the approbation of the *°i^ate*contoctr """ Court, the Assignees may sell by Auction, or Tender, or with the sanction of the Court by private contract, all or any of the Book Debts due or growing due to the Bankrupt, and the Books relating thereto, and the goodwill of his trade or business, and assign the ' same to the purchaser; and such purchaser shall, by virtue of the assignment, have power to sue in his own name for the debts assigned to him, as effectually and with the same privileges concerning proof of the requisites of Bankruptcy and other matters as the Assignee himself. 79. If the Creditors' Assignee shall wilfully fail to observe any Creditors' Assignee of the directions herein contained, or shall be guilty of any neglect *° *"* removed. in the performance of his duty, or it shall be made to appear to the Court, on the application of two or more Creditors, that it would be for the benefit of the Estate that such Creditors' Assignee should not continue to have the management and administration of the Bankrupt's Estate, it shall be lawful for the Court either to appoint an Official Assignee, to act jointly with such Creditor's Assignee, or to remove such Creditors' Assignee, or to appoint an Official Assignee to administer the Estate under the Bankruptcy. As to Procedure after Adjudication. 80. Immediately upon Adjudication, it shall be the duty of the Official Assignee Official Assignee to take possession of the Bankrupt's Estate, and ^ol'setsioL™*" to retain possession thereof until the appointment of a Creditors' Assignee ; but if such Official Assignee, or if the Court upon the representation of any Creditor, shall be of opinion that the keeping possession of the Bankrupt's property is not requisite for the due protection of the Creditors, such possession shall not be continued. 81. At the time of the Adjudication, the- Court shall appoint a First meeting of Meeting of the Creditors, of which ten days' notice shall be given in one or more of the papers circulating in the Colony, and which Meeting shall be held at such time and place as the Court shall appoint; and at such Meeting the Official Assignee shall preside and receive the proof of the debts of the Creditors, and shall give to the Meeting the fullest information iu his power of the Estate and Effects of the Bankrupt, and of the debts due from his Estate. 82. At this Meeting, a majority in value of the Creditors present Allowance to Bank- shall determine whether any or what allowance for support shall 'i^pt- be made to the Bankrupt, and up to what time. 83. In case at such Meeting, or at any other Meeting of Creditors, Proposals from 25 , A.D. 1862. Bankrupt to be re- ceived. Form of Warrant of Commitment. Ko discharge for mere want of form. Creditors to clooose! Assignees. [IsFo. 6.] Banhupf^. C25 VicT.j any proposal shall be made by or on behalf of the Bankrupt, which it shall appear to the major part in value of the Creditors there present ought to be accepted, or if it shall appear to the majority in value of the Creditors present at any Meetina: to be desirable on any ground to resolve, and such majority shall resolve, that no farther proceedings be taken in Bankruptcy, the Meeting shall be adjourned for fourteen days, in order that notice of such resolution may be given to every Creditor by the Official or Creditors' Assignee, which shall be done accordingly, by advertisement in one or more of the newspapers circulating in the Colony,, for one week; and if at the adjourned Meeting three-fourths in value of the Creditors present shall so resolve, the proceedings in Bank- ruptcy shall be suspended, and the Estate and Effects of the Bankrupt shall be wound up and administered in such manner as such majority shall direct. As to Warrants of Commitment. 84. In any "Warrant of Commitment issued by any Court under this Act, it shall not be necessary to set forth or specify any Ques- tion or any part of the Examination of the person so committed, but it shall be sufficient to refer in the warrant to the Examination or Deposition of the person as remaining on the File of Proceed- ings, and to specify in the said warrant the precise date of the Examination or Deposition so referred to, and such warrant shall be in the form contained in Schedule B. to this Act; provided, however, that in every case in which any person shall be so com- mitted for refusing to answer, or for not fully answering any Ques- tion put to him, every such Question shall be specified in the Examination or Deposition of the person committed remaining on the File of Proceedings so referred to as aforesaid ; and provided also that a copy of the said Examination or Deposition so referred to shall be delivered personally to the person committed, within twenty-four hours next after his actual committal to prison, and in default of the said copy being delivered the person committed shall be discharged from custody either by the Court or by the Judge before whom such person may be brought by Habeas Corpus, with, such costs, if any, as the said Court or Judge may deem fit. 85. If any person so committed shall sue forthwith any "Writ of Habeas Corpus in order to be discharged from such commitment, he shall not be discharged by reason of any mere matter of form y but if the Court or Judge before whom he shall be brought upon inspection and consideration of the whole of the Examination or Deposition of such person shall be of opinion that the Answer or Answers of such person is or are satisfactory, the Court or Judge may order the person so committed to be discharged. As to the choice of a Oreditors' Assignee. 86. At the first meeting of Creditors, or any adjournment 26 [25 Vict.] Bankruptcy. [No, 6-] thereof, it shall be competent to the majority in value of the ^^^.d. 1852. Creditors who have proved Debts to choose one or more Creditor or Creditors who has or have proved, to be the Assignee or As- signees of the Bankrupt's Estate and Effects, and to be called the Creditors' Assignee, provided that the Court shall have power to reject any person so chosen who shall appear to such Court unfit to be such Assignee, and upon such rejection a new choice of Assignees shall be made. 87. Upon the appointment of the Creditors' Assignee the powers On appointment du- and duties of the OflBcial Assignee shall cease and determine, and Assignee to cease, all the Estate, both real and personal, of the Bankrupt shall be divested out of the Official Assignee and vested in the Credi- tors' Assignee. 88. The Official Assignee shall forthwith render to the Creditors' official to account Assignee a full and particular account or balance-sheet of the *? ^gg^'*°"' ^^" Bankrupt, and of all receipts, payments, and other transactions of such Official Assignee, and also a list of all the Creditors of the Bankrupt who have proved their debts against the Estate. '89. The Creditors' Assignee shall audit such account and may ^^^^^ ^f Official ©all for such information from the Official Assignee as he possesses Assignee's account, concerning the Estate. The account shall be audited in the presence of the Chief Justice or Commissioner, as the case may be. A copy of such account of the Official Assignee when audited shall, unless the Chief Justice or Commissioner, as the case may be, shall otherwise direct, be sent by post by the Creditors' As- signee to every Creditor who has prftved. 90. The Court shall give such directions as it may deem expedient with respect to the custody and inspection of the books, papers, custod/^of books writings, and documents relating t6 the Estate, and may authorize *<=■ the Official Assignee to have the custody thereof, or any part thereof. No lien against 91. No person shall be entitled as against the Official or Cred- itors' Assignee to withhold possession of the Books of Account of Assignees, the Bankrupt, or to claim any lien thereon. 92. The Creditors shall at the meeting for choice of a Creditors' _ ,., ° (Jreditors may deter- Assignee, determine what (if apy) security shall be given by such mine the security to Assignee. At the same meeting, or at any other meeting called nee^ Md whethTf a for the purpose, the Creditors may 'also determine whether a Man- Manager shall be ager shall be appointed to collect and wind up the Estate under ' the inspection of the Creditors' Assignee or of a Committee of Creditors,, and may appoint such person, with such remuneration out of the Estate, and generally upon such terms, for such period, and with such directions, as the majority shall think fit. 93. "When the election of an Assignee shall have been accepted „ .^ J Certificate of ap- »y the person elected and confirmed by the Court, the Court shall, pointment of Cred- nrj itors' Assignee. A.D. 1862. Eemoval and resig'- nation of Creditors' Assignee, and ap- pointment of new one. The election of new Creditors' Assignee to be conducted in the same manner as the election of the ■ first Assignee. Order as to disposal of books, &c. Court to appoint sitting for last ex- amination and dis- charge. [Ko. 6.] Bankruptcy. l^^ ^^^"^'^ by Certificate under ttetand of the Judge or Commissioner and the Seal of the Coui-t, to be called the Certificate of Appomtment declare sucb Creditors' Assignee to have been duly elected, ana appoint him to the said office accordingly. Such appointment shali be final, and shall not be, subject to review or appeal, except as hereinafter provided, and a copy thereof, purporting to be under the Seal of the Court, shall be received as evidence of sucb appoint- ment in all Courts and places, without farther proof. 94. A majority in number and value of the Creditors may, at any meeting duly called for the purpose, remove the^ Creditors' Assignee or accept of his resignation, and one-fourth in value of the Creditors who have proved may at any time apply to the Court, by Petition for removal of the Creditors' Assignee, and if on the; hearing of such Petition the Court shall be of opinion that sufficient reason. has been shown, it may remove such Creditors' Assignee and appoint a meeting of the Creditors to be held for electing a new Creditors' Assignee ; and if the Assignee shall die, resign, or be removed, or remain abroad for three months at any one time,, any Creditor may apply to the Court to appoint a meeting for electing a new Creditors' Assignee, and the Court may accordingly appoint a meeting, whereof at least seven days' previous notice shall be given in one of the papers circulating in the Colony, and at such, meeting may elect a new Creditors' Assignee accordingly. 95. In all cases of the election of a new Creditors' Assignee the proceedings shall take place in the like manner as is hereinbefore provided in the case of the first election, and the new Creditors' Assignee shall be invested with the powers and perform the duties and be subject to the rules hereinbefore provided as to the Cred- itors' Assignee first chosen, and shall call to account such CreditOTB* Assignee, his heirs, executors, administrators, or assigns, as the case may require. 96. When the afi^airs of the Bankrupt are fully wound up, the Court may, subject to the direction of any General Order, make from time to time such orders as in each case seem fit respecting the disposal, or custody of any books, papers, or documents relating- to property or affairs in the possession or under the control of the Official or the Creditors' Assignee, or any other person. As to the last Examination, 97. The Court shall, forthwith after the choice of an Assignee by the Creditors, appoint a public sitting on a day not later than sixty days from the date of such choice, and shall give notice of such sitting in such newspapers as the Court shall direct, for the Bankrupt to pass his last examination, and also, unless the Court shall in any case otherwise direct, to make application for his dis- charge; but the Court shall have power to enlarge the time appointed for such sitting, or to adjourn the same. 28 [25 ¥icT.] Bamkrapl^y.. \%o, 6.} 98. The Bankrupt shall prepare such. Statement of hiai Accounts js..d_ x86-2. and in such form as General Orders or as the Court in any case shall direct, and shall subaeribe such Statement and file the same prepare°and^flle a in Court ten days at least before the day appointed for the last statement of ac- •' •' -Tir counts, examination or adjournment thereof, and sufih Statement may before such last examination be amended from time to- time as occasion shall require and the Court shall direct ; amd the- Bank- rupt shall make oath of the truth of such Statement whenever he shall be duly required by the Court to do so ; and the last examina- tion of the Bankrupt shall in no case be passed unless his. Statement shall have been duly filed as aforesaid. 99. The Statement of Accounts, when filed in CouTt, shall b& statement of ae- open to the inspection of all Creditors, who may take copies of and to Creditors'. °^*° extracts from the same, subject to such regulations as General Orders shall direct. 100. In addition to such Statement of his Accounts, the Official ^ jgtance in the and Creditors' Assignees shall prepare and file in Court, together preparation of the with such Statement, a Report upon the state of afiairs of the ^**'®'"*''*' Bankrupt, setting forth such facts and particulars as may be required by the Court, or such as they may deem important for the Court to be informed of. 101. Every Creditor of the Bankrupt may, after the Adjudicar as to proof of debts, tion, prove his debt, by delivering or sending, before the appoint- ment of the Creditors' AssigneCj to the Official Assignee,, and after such appointment, to the Creditors' Assignee, a statement of such debt, and of the account, if any, between the Creditor and the Bankrupt, together with a Declaration signed by the Creditor appended thereto, that such Statement is a full, true, and complete Statement of Account between the Creditor and the Bankrupt, and that the Debt thereby appearing to be diie from the Estate of the Bankrupt to the Creditor is justly due ; and ,all bodies Politic and Public Companies incorporated,, or authorized to sue or bring actions, may prove by an Agent, provided such Agent shall in his Declaration declare that he is such Agent, and that he is authorized, to make such proof; (and such Declaration, signed by such Creditor and Agent respectively as aforesaid, shall be in such form, aa General Orders shall direct. 102. Any person who shall wilfully and corruptly make any _, . Declaration for proof of Debt as aforesaid, knowing the same or misdemeanor, the Statement of Accounts to which the same shall be appended to be untrue in any particular, shall ,be deemed guilty of a Misde- meanor, and shall be liable to undergo the pains and penalties imposed upon persons guilty of wilful and corrupt perjury. 103. Every Creditor of the Bankrupt may, also, after Adiudica- l- -n 1,4. 1, A -J.- • n L ■ r^i} iT Proof in Court or in tion, prove his Debt by deposition in Court or m Chambers, or Chambers, before the Registrar at any Meeting of Creditors, elsewhere than in . 29, [No. e.] Bankruptcy. [25 V1CT.3 A.D. 1862. Court, or by affidavit upon his own oath, or upon that of any Clerk or other person in his employment; provided, that where such deposition or affidavit shall be made by any other person than the Creditor, the deponent shall in his deposition or affidavit set forth that he is duly authorized by. his principal to make the deposition or affidavit, and that it is within his own certain knowledge that the Debt was incurred, and for the consideration stated, and that to the best of his knowledge and belief the Debt still remains unpaid and unsatisfied. Statement to be ex- 104. The Official or Creditors' Assignee, as the case may be, a^d As^siS?''*''''' s^^ll examine all the Statements of Accounts aforesaid, and . ., ' compare the same with the Books, Accounts, and other Documents / of the Bankrupt; and shall from time to time make out a List of the Creditors who" have proved their Debts, stating- the amount and nature of such Debts, which List shall be open to the inspection of any Creditor who has proved under the Estate. Examination of l^^. The Court may, on the application of the Assignee, or of alleged Creditors, any Creditor, or of the Bankrupt, or without any application, examine upon oath, or otherwise, any person tendering or who has made a proof, and may summon any person capable of giving evidence concerning such proof, and in like manner where the Debt is tendered on affidavit or statement as hereinbefore provided, may summon and examine on oath, or otherwise, the person wlio has made the affidavit or statenient, and any other person capable of giving evidence concerning the Debt sought to be proved. Proof for costs, &c., 106. A person entitled to enforce against the Bankrupt payment enforceable by pro- ^f ^ny money, costs, or expenses by process of contempt issuing out of any Court, shall be entitled to come in as a Creditor under the Bankruptcy, and prove for the amount payable under the process, subject to such ascertaining of the amount as may be properly had by a taxation, or otherwise. Proportionate pay- 107. In all cases in which the Bankrupt is liable to pay any ™^'^'^- rent, or other payment, falling due at fixed or stated periods, and the Adjudication of Bankruptcy shall happen at any time other than one of such fixed or stated periods, it shall be lawful for the person entitled to such rent, or other payment, to prove for a proportionate part thereof, up to the day of the Adjudication of Bankruptcy, in such manner as if the said rent or payment grew due from day to day, and not at such fixed or stated periods as aforesaid. Proof for instalment 108. If any Bankrupt shall have contracted, before the filing of a Petition for Adjudication, any Debt payable by way of Instal- ments, the Creditor may prove for the amount of such Instalments remaining due at the time of such Petition. Proof in respeet of 109. If any Bankrupt shall at the time of Adjudication be liable, nnUciuidated dam- -^^ reason of any Coiitract or promise, to a demand in the nature 30 ['25 VicT.J iankrupici/. t^o. 6-1 of Damages wtich have not and cannot be otherwise liquidated or j^jf^ 186^i ascertained, it shall be lawful for the Court actiHg in prosecution -"^ of such Bankruptcy, to direct such damages to be assessed by a Jury, either before itself or in a Court pf Law, and to give all necessary directions for such purpose; and the amount of damage, when assessed, shall bo proveable as if a Debt due at the time of the Bankruptcy. Provided, that in case all necessary parties agree, the Court shall have power to assess such damage, without the intervention of a Jury, or a reference to a Court of Law. 110. The Court may, at any time, expunge or reduce a proof of Ho-w proof may be Debt, on such application and such evidence as it shall think ^uced^^^ *"^ '^*' sufficient, and for that purpose may summon and examine upon oath, or otherwise, the person who has proved, and every person capable of giving evidence concerning the 'alleged Debt, and may make such order as to the costs of any application as shall seem just. As to the Discharge of the Bankrupt. 111. All Classification of Certificates shall be abolished ; and classification of in every case where the Discharge of a Bankrupt shall be bus- certificates abolish- pended such Discharge, when allowed, shall simply state thq period for which it was suspended and the reasons for such suspension, and if the Bankrupt shall have been sentenced to imprisonment by any Court under the provisions of this Act, the Discharge shall also set forth the fact of such sentence and the period of such imprison- ment. 112. After the Bankrupt has passed his last examination, the ordet of Discharge, Court shall proceed to consider the question of granting to him an Order of Discharge, and shall appoint a sitting for that purpose. Seven days' notice of such sitting shall be given in such newspa- pers as the Court shall direct. Fourteen days at least shall inter- vene between the day of passing the last examination and the day of such sitting. The Assignees, or any Creditor who has proved, may be heard against such discharge. 113. In granting Orders of Discharge, the following Rules shall ^ , ° ° ° ' ° Rnlea as to graatitig be observed: — Orders of Discharge. 1. Every application for an Order of Discharge which is opposed shall be heard and decided by the Chief Justice or Commis- sioner, as the case may be. 2. Although the application for Discharge be not opposed, it shall be the duty of the Commissioner in cases brought before him to consider whether, having regard to the Bank- rupt's conduct relative to his trade, business, property, or aftairs, the manner in which his debts have been contracted, and the proceedings in the Bankruptcy, there be any well founded objection to an immediate Order of Discharge. 81 {No. 6.1 Bankruptcy. [25 Vict.] A,D. 1862. 8. If on the bearing of any applieatioia for an Order of Discharge the Assignee or any Creditor shall allege, and with or if withoijt such allegation the Court shall be of opinion that there is ground for charging the Bankrupt with acts or con- duct amounting to a misdemeanor under this Act, the Court shall appoint a day for trying the Bankrupt on such charge, and if the Bankrupt require it, shall summon a Jury for such purpose, and the Attorney General shall either conduct the prosecution himself or appoint some other so to do. 4. If on such Trial by a Jury, or by the Court alone, the Bank- rupt shall be convicted of any offence by this Act made a misdemeanor, the Court shall, in addition to the punishment awarded for the offence, have power to direct that the Order of Discharge be either wholly refused or suspended during such time as it shall think fit. 5. If the Bankrupt shall not be accused of acts amounting to Misdemeanor, or if he shall have been accused and acquit- ted, but in either case there shall be made, or appear to the Court to exist, objection to the granting of an immediate Discharge, the Court shall proceed to consider the conduct of the Bankrupt before and after Adjudication, and the manner and circumstances in and under which his Debts have been contracted; and if the Court shall be of opinion that the Bankrupt has carried on trade by means of fictitious Capital, or that he could not have had at the time when any of his Debts were contracted, any reasonable or probable ground of expectation of being able to pay the same; or, that if a Trader he has, with intent to conceal the true state of his affairs, wilfully omitted to keep proper Books of Account, or whethe^r Trader or not, that his Insolvency is attributable to rash and hazardons speculation, or unjustifiable extrava- gance in living, or that he has put any of the Creditors to unnecessary expense by frivolous or vexatious defence to any action or suit to recover any debt or money dne from him, the Court may either refuse an Order of Discharge, or may suspend the same from taking effect for such time as the Court may think fit. Criminal prosecu- 114. In every case of accusation against a Bankrupt of acts thTcourr'^^' °^ amounting to a Misdemeanor, it shall be competent to the Court to direct that the Bankrupt be indicted, and prosecuted at the next Assizes. When order to take- ^^^- ^^ ^^^ °^^^^ ^^8.^^' *^® Order of Discharge shall take effect effect. immediately from its date, subject to the appeal hereinafter provided. Effect of discharge. H^- '^^^ Order of Discharge shall, upon taking effect, discharge the Bankrupt from all debts, claims, or demands proveable under 32 [25 ViCT.j Banknipisy. pfo. 6.] his Bankruptcy; and if thereafter he shall te arfested, or any a.D. 1862. action shall be brought against him for any such debt, claim, or "^^ demand, he shall be discharged upon entering an appearance, and may plead in general, that the cause of actioii accrued before he became a Bankrupt, and may give this Act and the special matter in evidence; and the Order of Discharge shall be sufficient evidence of the Bankruptcy, and the proceedings precedent to the Order of Discharge. 117. If a Bankrupt, after the Order of Discharge takes effect, be Release of' Bankrupt arrested or detained in custody for a debt, claim, or demand, vhen arrested af'te* •' IT. Qiscnargei proveable under his Bankruptcy, where Judgment has been obtained before the Order of Discharge takes effect, the Chief Justice shall, on proof of the Order of Discharge, and unless there appear good reason to the contrary, direct the Officer who has the Bankrupt in custody to discharge him, which shall be done accordingly, without fee. 118. The Order of Discharge shall not release or discharge any ^g to partners* person who was a Partner with the Bankrupt at the time of the Bankruptcy, or was then jointly bound, or had made any Joint Contract with him. , 119. After the Order of Discharge takes effect, the Bankrupt Contract after filing shall not be liable to pay or satisfy any debt, claim, or demand "^^on B°ank^"t°^' proveable under the Bankruptcy, or any part thereof, on any Contract, Promise, or Agreement, verbal or writteuj made after Adjudication; and if he be sued upon any such Contract, Promise, or Agreement, he may plead, in general, that the cause of action accrued pending proceedings in Bankruptcy, and may give this Act and the special matter in evidence. 120. The Order of Discharge shall discharge the Bankrupt from Discharge from con« the effects of any process issuing out of any Court, for contempt of *8™P'' any Court, for non-payment of money, or of costs or expenses in any Court, and from all costs which he would be liable to pay in consequence of or on purging his contempt; and a Bankrupt in custody under any such process as aforesaid shall, on obtaining an Order of Discharge, be entitled to be discharged from such custody forthwith. - 121. Any Contract, Covenant, or Security made or given bv a „ ■D 1 * *!, -^1, / • X 4. r r, ;i-x ^ Consideilatlon gireil Bankrupt or other person with, to, or m trust for any Creditor, for to induce Creditor securing the payment of any money as a consideration, • or with ^ ^°rbear opposi" intent to persuade the Creditor to forbear opposing the Order for Discharge, or to forbear to petition for a re-hearing of, or to appeal against the same, shall be void; and any money thereby secured or agreed to be paid, shall not be recoverable, and the party sued on any such Contract or Security may plead, in general, that the cause of action accrued pending proceedings in Bankruptcy, and may give this Act and the special matter in evidence. 33 [Ko. e.] Bankruptcy. [25 Vict.] A3. 1862. 122. If any Creditor of a Bankrupt shall obtain any sum of -. . money, or any eoods, chattels, or security for money, from any Obtaining money, '' • ^ „ „ . j. j.- goods, &c., as an person, as an inducement for forbearmg to oppose, or tor consentmg fnducement to foj- ^^ ^^^ allowance of the discharge of such Bankrupt, or to forbear to consent to allow- to petition for the recall of the same, every such Creditor so ance or discharge. og-gQ^iug gj^all forfeit and lose to the Crown for every such offence, the treble value or amount of such money, goods, chattels, or security so obtained, to be recovered before the Court in such manner as General Orders shall direct. Ke-hearing. 123. The Order of Discharge, whether suspended or not, shall not be reviewed by the Court, unless the Court see good cause to believe that the Order was obtained on false evidence, or by reason of the suppression of evidence, or otherwise fraudulently; in any of which cases the Court may, if it think fit, upon the application of the Bankrupt, or of a Creditor who has proved, and subject to such deposit for costs, and to such notices, by advertisement, or otherwise, as the Court shall think fit, grant a re-hearing of the matter, and re-hear it accordingly; and upon re-hearing, the Court shall make such Order as shall seem just, in like manner as it might upon an original hearing. 124. If, on such re-hearing, the Court shall annul or suspend the hearing,°subsequTnt Order of Discharge, all persons having bona fide become Creditors Creditors to prove of the Bankrupt between the time of the Order originally taking first against subse- ii. ..* ■ o j a quent property. effect and the time of its being annulled or suspended, on re-hear-^ ing shall, as against any property acquired by the Bankrupt during the same period, and in priority to the original Creditors, be admitted to prove and have dividends under the Bankruptcy. 125. The Order of Discharge shall not be drawn up until after . drawn up?"^ ° * ^^ expiration of the time allowed for appeal, or if an appeal be brought, until after the decision of the Court of Appeal upon such appeal, and shall bear date either the day after the expiration of the time allowed for appeal, or the day of the decision of the Court of Appeal, as the case may require. Appeal against 126- At any time, within thirty days after any Order of Discharge Order of Discharge, ghall have been allowed, and subject to such Order as to deposit of costs as General Orders shall direct, any Creditor of the Bankrupt, or any Creditors' Assignee, may, if the Order of Discharge has been made by the Commissioner, apply to the Chief Justice that such Order of Discharge may be recalled and delivered up to be cancelled; and the Chief Justice may, on good cause shown, order such Order of Discharge to be recalled and cancelled. 127. The Order of Discharge shall be in such form as General Form of Order. Qrders shall direct, and shall be under the hand of the Commis-' sioner or Chief Justice, and the Seal of the Court, and notice of the granting thereof shall be advertised in one or more of the local papers. 34 [25 Vict.] Bankruptcy. pTo. 6-] As to Audit. A.T>. 1862. 128. No public sitting of the Courts shall be held Ibf the sole No public sitting fof purpose of auditing the Accounts of the Assignees, but such *" ''• Accounts shall be audited in such manner as is herein provided, or as General Orders shall direct. As to Dividend. 129. At the expiration of four months from the date of the Dividend; Adjudication of Bankruptcy, or as much earlier as the Court shall appoint, the Creditors' Assignee shall submit to a Meeting of Creditors to be called for that purpose, and to be held before the Registrar, of which Meeting'ten days' notice shall be given in the local newspapers, a statement of the whole Estate of the Bankrupt as then ascertained, of the Property recovered and of the Property outstanding, specifying the cause of its being so outstanding, and of all the receipts and all payments thereout, made or to be made; and the Creditors' Assignee shall and any Creditor who has proved may attend and examine such statement, and compare the receipts with the payments ; and upon ascertaining what balance is then in the Court to the credit of the Estate the Meeting shall by resolution declare whether any and what part of the net produce of the Estate, after making a reasonable deduction for future contin- gencies, shall be divided amongst the Creditors. At the same Meeting the Creditors shall deteri»ine whether any and what allowance shall be made to the Bankrupt out of his Estate, if he has obtained or shall obtain a discharge. 130. If upon such examination it shall appear that the Creditors' Agg,vneenott ke t* Assignee has kept in his hands at any time during the space of money in his hands, one week more than the sum' offifty pounds belonging to the Estate, the Creditors may, upon establishing such fact to the satisfaction of the Court, and if the Assignee shall not show cause to the contrary, debit such Assignee with Interest for the amount so kept at any rate not exceeding Twenty Pounds per centum by the year, for the time such Moneys were kept in his hands. 131. In the calculation of a Dividend it shall be imperative to make provision for Debts which shall appear from the Bankrupt's resident a^ distance/ balance-sheet to be due to persons resident in places so distant from the Court that in the ordinaiy course of communication they have not had sufficient time to tender their Proofs or to establish them if disputed, and also for Debts, the subject of claims not yet determined by the Court. 132. In every case where joint and separate Estates have to be t • . ^ •' "^ i ^ Jomt and separate administered, and where the Court shall not otherwise direct, Dividend M:etings. Dividends of the joint and separate Estates shall be declared at one and the same meeting, and notice of the time appointed for such Dividends, when advertised shall be given in one and the eame advertisement, .and the costs, charges, and expenses of and 85 [No. e.] Bankruptcy. [26 Vict.] A.D. 1862. incident to the meeting stall be apportioned by tbe Assignee be- tween the joint and separate Estates as may appear to be fair and reasonable, having regard to the work done for and the benefit received by each Estate; and a single Fee and no more shall be payable to the Solicitor to the Estate in respect of the meeting. Dividend List to be 133. "W'itMn ten days after such meeting, or within such further toM'Tssiguee"'''" time as the Court may allow, the Creditors' Assignee shall prepare lists of Creditors entitled to Dividend, and shall calculate and set opposite to the name of each Creditor who has proved under the Estate (subject to the provision herein contained as to Dividends reserved) the Dividend to which he is entitled out of the net produce of the Estate so set apart for a Dividend, and shall forward by post to every such Creditor a statement of the Dividend to which he is so entitled, and such Dividends shall be paid at the Eegistrar's office, or otherwise in such manner as General Orders shall direct. 134. The like proceedings for the making up and auditing of L'ccessi've periods^* the Accounts of the Estate, and the Declaration and Payment of a of four months. Dividend, which are herein directed to be had at the expiration of four months from the Adjudication of Bankruptcy, shall be had at the successive expirations of every period of four months, or earlier, as [the case may be, until the whole of the Estate is divided amongst the Creditors, and a Dividend is declared to be final; provided, that it shall be lawful for any such meeting of Creditors as aforesaid to postpone the period of declaring a Dividend, or at any time in declaring a second Dividend, to declare also that such second Dividend shall be final, unless any action at Law, or suit in Equity be depending, or any part of the Estate be standing out, not sold or disposed of, or unless some other Estate or Effects of the Bankrupt shall afterwards come to the Assignee, in which case he shall, as soon as may be, convert such Estate and Eflfects into money, and within two months after the same shall be so converted, the same shall also be divided in manner aforesaid. As to the discharge of the Creditors' Assignee. Creditors to pass a ^^^- -^^^er a final Dividend shall have been declared and paid, Eesoiution on the the Creditors' Assignee shall call a meeting of the Creditors, to conduct of the Cred- -j i • t j.- a j- i j x i i- 1 itors' Assignee, Consider his application for a discharge, and at such meeting he after which the s]is]]. lay before the Creditors his books and papers of accounts, Creditors' Assignee •' -^ ^ • ' may apply to the and all the documents relating to the Bankrupt's Estate and useful charge!"'' * ^'^' *° ^® ^^^^ before the Creditors for the purpose of enabling them to consider the conduct and management thereof; and the Creditors shall then come to a Resolution expressing their opinion of the conduct of the Creditors' Assignee; and the Creditors' Assignee may thereafter apply to the Court for an Order of Discharge, and the Court shall thereupon take into consideration the accounts of the Creditors' Assignee, and the said Eesoiution of the Creditors 36 |25 Vict.') Bankruptcy. [N"o. G.] •expressing theit opinion of Ms conduct, and may hear the Creditors' ^.p. i862. Assignee, and any of the Creditors, for or against such Order, and may direct such inquiries, and call for such evidence, as the Court may think fit; and the Court shall thereupon make such Order of Discharge, with or without conditions, or refuse the same, or generally make such Order, as to the Court shall seem, fit, and the justice of the case shall require. 136. The Order of Discharge shall operate to release the Credi- Effect of Discharge, tors' Assignee from all claims and demands of the Creditors, or of any person who might have proved under the Bankruptcy, subject, nevertheless, to such conditions, if any, as shall be expressed in such Order of Discharge. 137. Every Creditors' Assignee shall, before his discharge, TTnoiaimed Divi- transmit to the Oflacial Assignee a List of Unclaimed Dividends on f^^^j'jf courV ^^ the Estate, and of all debts remaining due to the Estate, under hia hand; and shall pay all moneys and other Estate of the Bankrupt then in his hands into the Court, to the credit of the Estate, 138. When the Creditors' Assignee has obtained an Order of official Asaienee to Discharge in manner herein provided, the Official Assignee act after discharge appointed in the matter in Bankruptcy shall, as to any Estate and nee. ^^ ^ °" ^^^'^' Effects of the Bankrupt not realized at the time of such Order of Discharge, and as to all debts remaining uncollected, and which shall not have been sold in manner herein provided, represent the Estate in all respects as. the Sole Assignee thereof, and shall have and exercise all the rights, duties, powers, and authorities conferred by this Act upon Official and Creditors' Assignees. 139. All Unclaimed Dividends, and all moneys unclaimed, the i j t>- ■ produce of any Bankrupt Estate shall, after the expiration of the dends. period of twelve months from the Dividend having been declared, or from the time at which any other moneys unclaimed shall have «ome to the hands of the Assignee, be paid unto the Treasurer, and shall be placed by him to the credit of the Accountant in Bankruptcy, in an account to be intituled the "Unclaimed Divi- dend Account," which shall be subject to the Order of the Court for the payment thereout of any Dividend due to any Creditor, or for the distribution of any such other unclaimed money. As to change from Bankruptcy to Arrangement. 140. At the first meeting of Creditors, held after Adjudication, ^ . . in manner herein provided, or at any meeting to be called for the may resolve tha\'' purpose, and of which ten days' notice shall have been given in Estate may be one of the local papers, three-fourths in value of the Creditors Court, present or represented at such meeting, may resolve that the Estate ought to be wound up under a Deed of Arrangement, Composition, or otherwise, and that an application shall be made to the Court to stay proceedings in the Bankruptcy for a period not exceeding two months. 3T [No. e.J Bankruptcy. [25 VictJ A.D. 186a; 141. The Official Assignee shall report such Resolution to the „ , ,. — 7 , Court, within four days from the date of such Resolution, and the Resolution to be '' , „, reported to the Bankrupt, Or any Creditor nominated in that behalf by the meeting, *^°^'^'" may then apply to the Court that the proceedings in Bankruptcy may be stayed in the terms of such Resolution ; and the Court, after hearing the Bankrupt and such Creditors as may desire to be heard for or against the Resolution, and it it shall find that the Resolution was duly carried, and that its terms are reasonable, and calculated to benefit the general body of the Creditors under the Estate, shall confirm the same, and make Order accordingly; and in such Order shall give such directions as to the interim manage- ment of -the Estate as it shall deem expedient. Deed of Arrange- 142. If the proceedings in Bankruptcy be stayed as herein rthVcour^t!"'*"''^^ provided, the Bankrupt, or any Creditor nominated in that behalf by the meeting aforesaid, may at any time within the period during which the proceedings are so stayed, produce to the Court a Deed of Arrangement signed by or on behalf of three-fourths in value of all the Creditors of the Bankrupt ; and the Court may consider the same, and may examine on oath the Bankrupt and any of the Creditors who may desire to be heard in support of or opposition, to the Deed, and may make such other inquiry as it may think necessary ; and if the Court shall be satisfied that the Deed has been duly entered into and executed, and that its terms are reason- able and calculated to benefit the general body of the Creditors under the Estate, it shall by order make a Declaration for the complete Execution of the Deed, and shall direct the same to be registered with the Registrar, and shall also, if the Court think fit,^ annul the Bankruptcy ; and such Deed shall be thereafter as bind- ing in all respects on any Creditor who has not executed the Deed as if he had executed it, provided such Deed be registered with the Registrar in manner directed by the order. Court to have juris- 143. Either before or after such Order, the Court shall have diction to ^ntertain jurisdiction to entertain any application of the Bankrupt, or of any party to the Deed, or of any Creditor, or person claiming to be a Creditor, respecting the disclosure, distribution, inspection, con- duct, management, or winding up of the Bankrupt's Estate and affairs, or any act or thing relating thereto, or respecting the execution of any of the Trusts or Provisions of the Deed, or the audit or examination of the Accounts of a Trustee or Inspector, or the taxation or examination of the Costs or Charges of any Attorney, Solicitor, Accountant, Auctioneer, Broker, or other person acting or employed under the Deed, or generally for the decision of any dispute or question ; and shall also have jurisdiction to entertain any application of any such person as aforesaid, respecting any matter for the submission whereof to the Court provision is made by the Deed, or any matter arising between any of the said persons and any other person appearing and submitting; 38 [25 yicT.] bankruptcy. [No. 6.] to the jurisdiction of the Court; and the Court shall determine all a.D. 1862. questions arising under the Deed according to the Law and Practice . in Bankruptcy, so far as they may be applicable, and on entertain- decided according ing any such application shall have power to make all such Orders *° ^^^ of Bank- as shall seem just, and to enforce all such Orders as in Bankruptcy. 144. The Court shall have power, for the purpose of any applica- Power of the Court tion under these provisions, or for the better execution of any amin"""*" ^^"^ "' powers given to the Court thereby, to summon and to examine upon oath, or otherwise, the Bankrupt and any party to the Deed, and any Creditor, or person claiming to be a Creditor, and any person known or suspected to have any of the Estate in his posses- sion, or any person supposed to be in(^ebted to the Estate, or whom the Court may deem capable of givitig any information material to the full disclosure of the Debtor's transactions and affairs, or to the carrying into effect the provisions of the Deed; and the Court may exercise, as to the examination of such persons and the production by them of such Books, Papers, Deeds, or Documents as it shall deem requisite, the same powers that are vested in the Court with relation to the examination of persons and witnesses, and the production of Books, Papers, Deeds, and Documents in matters of Bankruptcy. 145. If the Resolution aforesaid shall not be duly reported, or if „,. „ , . J r > Where Bankruptcy the Court shall refuse the application to stay proceedings, or if the to be continued or Dee^ of Arrangement shall not be duly produced, or if upon its *» ^e resumed, production the Court shall not think fit to approve thereof, the Bankruptcy shall proceed as though no such Resolution had been passed, and the Court may make all necessary Orders for resuming the proceedings in Bankruptcy, and the period of time which shall have elapsed between the date of such Resolution and the date of the Order for resuming proceedings shall not be reckoned in •calculating periods of time prescribed by this Act. 146. If the Bankruptcy be annulled, as herein provided, the -^^^ere Bankruptcy Order annulling the same shall be filed with the proceedings, and annulled. notice thereof shall be given in one of the local papers. As to Trust Deeds for benefit of Creditors, Composition, and Inspectorship Deeds executed by a Debtor. 147. Every Deed or Instrument made or entered into between a r|,j.^g^ p^g^g ^^^^ Debtor and his Creditors, or any of them, or a Trustee on their valid. behalf, relating to the debts or liabilities of the Debtor, and his release therefrom, and the distribution, inspection, management, and winding up of his Estate, or any of such matters, shall be as valid and effectual, and binding on all the Creditors of such Debtor, as if they were parties to and had duly executed the same; provi- ded the following conditions be observed, that is to say: — 1. Three-fourths in value of the Creditors of such Debtor, whose debts shall respectively amount to ten pounds and upwards 39 tNo. e.] Mankupky. C^S Vict-J A.D. 1862. Bhall, befoffi or aftef the execution thereof by the Dehtor, ii» writing, assent to or approve of snch Deed or Instrument, 2i if a Trustee or Trustees be appmnted by such Deed or Instrtr- ment, such Trustee or Trustees stall execute the same, 3. I'he execution of such Deed or Instrument by the Debtor;, shall be attested by an Attorney or Solicitor, 4. Immediately on the execution thereof by the Debtor, posses- sion of all the property comprised therein, of which the Debtor can give or order possession, shall be given to the Trustees. 5. "Within twenty-eight days from the day of the execution of such Deed or Instrument by the Debtor, the same shall be produced and left at the office of the Eegistrar for the purpose of being registered. 6. Together with such Deed or Instrument there shall be delivered to the Eegistrar an affidavit by the Debtor or some person able to depose thereto, or a Certificate by the Trustee or Trustees, that three-fourths in value of the Creditors of the Debtor, whose debts respectively amount to ten pounds- ©r upwards, have in writing assented to or approved of such Deed or Instrument, and also stating the amount in value of the property and credits of the Debtor comprised in such Deed. On fulfilment of the conditions aforesaid, such Deed or Instru- Particfllal's of Deed ™«°t ^^^^ ^® ^^^^^ ^°*1 effectual. the'^Beristrar. ^ ^^^' "^^^ di&ie, names, and description of the parties to every such Deed or Instrument, together with a short statement of the nature and effect thereof, shall be entered by the Registrar in a. Book to be kept exclusively for the purposes of such Registration. Such entry shall be made vrithin forty-eight hours after the Deed shall have been left with the Registrar as aforesaid, and a copy of such entry shall be published in one of the local newspapers within four days after the making of such entry. Deed to be register- j^g^ -^^^^ jy^^^^ Instrument, or Agreement whatsoever, by which a Debtor, not being a Bankrupt, conveys or covenants, or agrees to convey his Estate and Effects, or the principal part thereof, for the benefit of his Creditors, or makes any arrangement or agreement with his Creditors, or any person on their behalf, for the distribution, inspection, conduct, management, or winding up of his Aflairs or Estate, and the release or discharge of such Debtor from his Debts or Liabilities, shall within twenty-eight days from and after the execution thereof by such Debtor, or within such further time as the Court shall allow, be registered in the Court of Bankruptcy, aud in default thereof shall not be received in evidence. *" rticutafj"" "' ^^^' "^^^''^ ^^"^^ Ti^^, on being so registered as aforesaid, shall [25 Vict.] JBanhruptcy. ^o. 6.] have a Memorandum thereof written on the face of such Deed, _a..D. 1862. stating the day and the hour of the day at which the same was brought iuto the office of the Registrar for Registration. 151. From and after the Registration of every such Deed or Jurisdiction of the Instrument in manner aforesaid, the Debtor, and Creditors, and Trustees, parties to such Deed, or who have assented thereto, or are bound thereby, shall, in all matters relating to the Estate and Effects of such Debtor, be subject to the jurisdiction of the Court of Bankruptcy, and shall respectively have the benefit of, and be liable to, all the provisions of this Act, in the same or like manner as if the Debtor had been adjudged a Bankrupt, and the Creditors had proved, and the Trustees had been appointed Creditors' Assig- nees uuder such Bankruptcy; and the existing or future Trustees of any such Deed or Instrument, and the Creditors under the same shall, as between themselves respectively, and as between themselves and the Debtor, and against third persons, have the same powers, rights, and remedies with respect to the Debtor and his Estate and Effects, and the collection and recovery of the same, as are possessed or may be used or exercised by Assignees or Creditors with respect to the Bankrupt, or his acts, Estate, and Effects in Bankruptcy; and, except where the Deed shall expressly provide otherwise, the Court shall determine all questions arising under the Deed, according to the Law and Practice in Bankruptcy, so far as they may be applicable, and shall have power to make and enforce all such Orders as it would be authorized to do if the Debtor in such Deed had been adjudged Bankrupt, and his Estate were administered in Bankruptcy. 152. After notice of the filing and Registration of such Deed has Protection to been given as aforesaid, no Execution, Sequestration, or other l'^'''°'- Process against the Debtor's property, in respect of any debt, and no Process against his person, in respect of any debt, other than such Process by Writ or Warrant as may be had against a Debtor about to depart out of the Colony, shall be available to any Creditor or Claimant without leave of the Court, and a Certificate of the filing and Registration of such Deed, under the hand of the Registrar and the Seal of the Court, shall be available to the Debtor for all purposes as a protection in Bankruptcy. 153. In case any Petition shall be presented for an Adjudication Stay of Proceed- in Bankruptcy against a Debtor, after his execution of such Deed "'^^" or Instrument as is hereinbefore described, and pending the time allowed for the Registration of such Deed or Instrument, all proceedings under such Petition may be stayed, if the Court shall think fit; and in case such Deed or Instrument shall be duly Registered as aforesaid, the Petition shall be dismissed. 154. If a Debtor cannot obtain the assent of three-fourths in value of his Creditors, by reason of his being unable to ascertain ^tkMw"^''^" 41 Adjudication against Lunatic Debtor. [No. e.] nankruptffy. [26 Vict,] A.D. 1862. t)y whom Bills of Exchange, Promissory Notes, or other negotiable Securities, a,ccepted, drawn, made, or endorsed by him are holden, or by reason of the absence of Creditors in a foreign country, or other similar circumstances, it shall be sufficient if he obtain the consent of three-fourths in number and value of all his other Creditors to such Deed or Instrument as aforesaid; provided that in either of such cases the affidavit or Certificate of the Trustee or Trustees shall state the circumstances of the case, and provided the Deed or Instrument be in such form as is expressed in Schedule C, to this Act annexed, which shall vest all the Estate and Effects of the Debtor in the Trustees of such Deed, and provided that all Buch other conditions as are hereinbefore required be duly com- plied with. As to Persons of unsound mind. 155. If any person of unsound mind shall be in prison for debt, the Gaoler shall forthwith require a Justice of the Peace to visit such Debtor, and to enquire into his state of mind; and if such Justice shall be satisfied from his own view, and upon examination on oath of competent witnesses, that such Debtor is of unsound mind, he shall certify the same to the proper Court, and thereupon the Court may appoint some person to represent such Debtor, and direct such proceedings to be taken for Adjudication in Bank- ruptcy against him as the Court shall think fit; and all proceedings under such Adjudication shall be had and carried on in the same manner, and with the like effect, as if such prisoner had been of sound mind, and had presented a Petition to the Court for Adjudi- cation of Bankruptcy, or as near thereto as the difference of circumstances will "permit. As to Nutices. 156. All notices by this Act, or by General Orders, required to be served on any person, may be sent by post, addressed to the last known place of abode or business of such person, subject to such regulations and otherwise as such General Orders shall direct; provided that this present clause shall not apply to or affect notices by this Act, or by any General Order, required to be personally served. AdvertisementB. l^''- GiCneral Orders respecting the form and contents of notices in the local newspapers, and otherwise, may provide for notices concerning more Bankruptcies than one being comprised in one advertisement. As to Evidence. Proceedings pur- ^^^- ^^7 Petition for Adjudication, or Arrangement, or Distri- ^Hh°th6*s'aVoTlhe ^''*'°''' ^<^J'^'3i'^^ti°^ of Bankruptcy, or Order for Distribution, Court receivable in Assignment, Appointment of Official or Creditors' Assignee, evidence. Certificate, Deposition, or other Proceeding or Order in Bank- 42 Proceedings as under ordinary Adjudication. Notice to be sent by post. [25 Vict.] Bankrwptcy. [No. 6.] ruptcy, or under any of tte provisions of this Act, appearing to be a,D. 1862. sealed with the Seal of any Court under this Act, or any writing purporting to be a copy of any such Document, and purporting to be so sealed, shall at all times, and on behalf of all persons, and whether for the purposes of this Act, or otherwise, be admitted in all Courts whatever, as evidence of such Documents respectively, and of such Proceedings and Orders having respectively taken place, or been made, and be deemed respectively Eecords of such Court, without any further proof thereof; and no such Document or copy shall he receivable in evidence unless the same appear to be so sealed, except where otherwise in this Act specially provided. 159. All Courts, Judges, Justices, and persons judicially acting, judicial Notice to and other Officers, shall take judicial notice of the signature of the turfof ja°(fgi^or*' Chief Justice, or of any Commissioner or Registrar of the Court, Registrar imd of the and of the Seal of the Court, subscribed or attached to any Judicial ^* ° ^ °"'^'' or Official Proceeding or Document to be m.ide or signed under the provisions oi this Act. 160. If any person shall forge the signature of the Chief Justice, Forging Signature or of any Commissioner or Resristriir, or shall forare or counterfeit of Commissioner or , rii^i^ 1-1 •■ ■■ Officer, or the Seal the beat ot the Court, or knowingly I'oncur in using any such of the Court, forged or counterfeit signature or seal for the purpose of authenti- cating any proceeding or document, or shall tender in evidence any such proceeding or document with a false or counterfeit signature of any such Chief Justice, Commissioner, or Registrar, or a false or counterfeit seal of the Court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, every such person shall be guilty of felony. Any affidavit of any prisoner in any of Her Majesty's Prisons or Gaols to be used in any matter under this Act may be sworn before the Gaoler of such Prison or Gaol ; and every such Gaoler is hereby required and authorized to administer the oath upon any such affidavit without fee or reward. 161. All Bankrupts shall, and the wives of such Bankrupts shall. Bankrupt and Bank- when so required by the Court, make and sign the declaration rupt's Wife to be 1 . . ri 1 T T -i-^ 1 . » . T , 111 ,■ 1 11 examined upon De- contained m the Schedule D. to this Act, but such declaration shall ciaration and Oath, not in any case exempt such Bankrupt or Bankrupt's wife from being examined upon oath if the Court or any Creditors shall so require. As to Powers oj the Court in aid of the Court of Chancery. 162. The Chief Justice shall, with such advice and consent as „, . , , . . Chief Justice to aforesaid, make such General Orders and Regulations for the make General Rules several purposes hereinafter specified, or any of them, as he shall p°urposes°'vir°^ think fit, that is to say : — , ; For making provision for taking down the evidence and ex- ?„,. taking dowu '/ , 43 evidence. [Ho. ej Bankmptdy. [26 Vict.;! Rules of Bxamina- tiou. Perjury. Costs. A.I>. 1862. aOiination to be taken under the authority of this Act, and for pro- -^- viding for the filing, depositing, and preservation of the examina- tions, depositions, affidavits, proceedings, certificates, and reports under any reference, and the means ,of access to and obtaining copies of the same. ' 163. The same rules shall prevail in regard to the examination and depositions of witnesses as for the time being shall be in force with regard 1o the examination and depositions of witnesses in the Court of Chancery. 164. Any person who shall before such Commissioner or Regis- trar wilfully give false evidence, or wilfully swear, affirm, declare, or attest falsely in any examination, affidavit, or deposition, shall be liable to the penalties and consequences of wilful and corrupt perjury. As to Costs. 165. The Court acting under this Act may, in all matters before it award such costs as shall seem fit and just ; and all costs so awarded shall be redoverable in the same manner as costs awarded by a Rule of the Supreme Court may be recovered, and the like remedies may be had, upon an order of such Court for costs as upon a Rule of the said'Supreme Court for costs ; but no such order shall affect any lands, tenements, or hereditaments, as to purchasers, mortgagees, or creditors, unless, and until it shall be registered under the provisions of the Land Registry Act, 1860, and if necessary re-registered in like manner as (in order to bind such purchasers, mortgagees, or creditors) it must have been if it had originally been a judgment or rule obtained or entered up in the Supreme Court. As to Misdemeanors under this Act. Misdemeanors. ^^^- I'rom and after the commencement of this Act, any Bank- rupt who shall do any of the acts or things following, with intent to defraud or defeat the rights of his Creditors, shall be guilty of a Misdemeanor, and shall be liable, at the discretion, of the Court before which he shall be convicted, to punishment by imprisonment for not more than three years, or to any greater punishment at- tached to the offence by any existing statute. 1. If he shall not on the day limited for his surrender and before three of the clock of such day, or at the hour and upon the day allowed him for finishing his examination, after notice thereof in writing, to be served upon him personally or left at his usual or last known place of abode or business, and after the notice herein directed in the local newspapers, surrender himself to the Court (having no lawful impedi- ment allowed by the Court) and sign or subscribe such sur- render and submit to be examined Before such Court from time to time. 44 [25 Vict,] - Bankruptcy. [ifo. 6.] 2. If he shall not upon his examination fully and triily'discover, ^.D. 1862. to the best of his knowledge and belief, all his property, real — ' and personal, inclusive of his rights and credits, and how and to whom, and for what consideration, and when he ' disposed of, assigned, or transferred any part thereof, except such part as has been really and bona fide before sold or disposed of in the way of his trade or business, if any, or laid out in the ordinary expense of his family, or shall not deliver up to the Court, or dispose as the Court directs, of all such part thereof as is in his possession, custody, or power, except the necessary wearing apparel of himself, his wife, and children, and bedding and other necessaries of himself and family, and his working tools and implements, not exceeding in the whole the value of twenty-five pounds ; and deliver up to the Court all books, papers, and writings in his possession, custody, or power, relating to his property or affairs. 3. If he shall after adjudication or within sixty days prior to adjudication, with intent to defraud his Creditors, remove, conceal, or embezzle any part of his property to the value of ten pounds or upwards. 4. If in case any person having to his knowledge or belief proved a false debt under his Bankruptcy, he shall fail to disclose the same to his Assignees within one month after coming to the knowledge or belief thereof. 5. If he shall, with intent to defraud, wilfully and fraudulently omit from his Schedule any effects or property whatsoever. 6. If he shall after the filing of the Petition for Adjudication, with intent to conceal the state of his affairs, or to defeat the object of the Law of Bankruptcy, conceal, prevent, or with- hold the production of any book, deed, paper, or writing relating to his property, dealings, or affairs. ' 7. If he shall, after the filing of the Petition for Adjudication, or wi*-hin three months next before Adjudication, with intent to conceal the state of affairs, or defeat the objects of the Law of Bankruptcy, part with, conceal, destroy, alter, mutilate, or falsify, or cause to be concealed, destroyed, altered, mutilated, or falsified, any book, paper, writing, or security, or document relating to his property, trade, deal- ings, or affairs, or make or be privy to the making of any false or fraudulent entry, or statement in, or omission from, any book, paper, document, or writing relating thereto. 8. If within the like time he shall, knowing at the time he is unable to meet his engagements, fraudulently, and with intent to diminish the sum to be divided amongst the general body of his Creditors, or to give an undue preference 45 A.D. 1862. Power of Judge and Commissioner. indictment. Persons disobeying Order of Court. Definition of terms. [No. e.] £ankruptcy. [25 Vict.] to any of his Creditors, have paid or satisfied any such Creditor wholly or in part, or have made away with, mort- gaged, encumbered or charged any part of his property of what kind soever, or if after Adjudication, he shall conceal from the Court or his Assignee any debt due to or from him. 9. If, being a Trader he shall, under his Bankruptcy, or at any meeting of his Creditors within three months next preceding the filing of the Petition for Adjudication, have attempted to account for any of his property by fictitious losses or expenses. 10. If, being a Trader he shall, within three months next before the filing of the Petition for Adjudication, under the false color and pretence of carrying on business and dealing in the ordinary course of trade, have obtained on credit from any person any goods or chattels with intent to defraud. 167. If it shall at any time appear to any Court, under this Act, that the Bankrupt has b^en guilty of any of the offences in the next preceding Section set forth, such Court shall have and may exercise such jurisdiction, rights, powers, and privileges for the summoning, apprehending, committing, remanding, bailing, and otherwise proceeding, in respect of such Bankrupt, as are exercised by and vested in Her Majesty's Justices of the Peace in respect of persons against whom a charge or complaint shall have been made before any one or more of the said Justices, in respect of any Felony or indictable Misdemeanor committed within the limits of the jurisdiction of such Justice or Justices. 168. In any indictment or information for any Misdemeanor under this Act, it shall be sufB.cient to set forth the substance of the offence charged, without alleging or setting forth any debt, act of Bankruptcy, Petition, or Adjudication, or any Summons, Warrant, Order, Eule, or Proceeding of or in any Court acting under this Act. 169. If any person shall disobey any Kule or Order of the Court duly made for enforcing any of the purposes and provisions of this Act, the Court may, by Warrant in form contained in the Schedule E. to this Act annexed, commit the person so offending to the Queen's Prison or to the Common Gaol, there to remain without bail or mainprise until such Court or the Court of Appeal, in case such commitment be ordered by any Commissioner, shall make order to the contrary. As to the Definition and Explanation of Terms. 170. The terms and words hereinafter enumerated or explained wheresoever occurring in this Act, shall be understood as herein- after defined or explained, unless it be otherwise specially provided or there be something in the subject or context repugnant to such defination or explanation ; that is to say : — 46 125 Vict. ] £anh-Uptcif. t^o. 6.] "■ ^ A.D.1862. " Annulling " shall mean also " superseding:*' ^^ -— „ "Assignee" shall mean the Assignee of the Estate and Effects "Assignee." of the Bankrupt or Petitioner, chosen by the Creditors, and until such Assignee shall be chosen, or where no such Assignee shall exist, shall mean the Official Assignee. "Bankrupt" shall mean any person who shall be by any Court "Bankrupt." under the provisions of this Act adjudicated Bankrupt. " Court," " The Court," « The Courts," shall mean the Supreme « Court." Court of Civil Justice sitting, in Bankruptcy, and also the Court over which the Commissioner shall preside. "Creditor" shall also mean any two or more persons being " Creditor." Partners, and Incorporated and Joint Stock Companies. "Creditors present at any Meeting," shall include Creditors who " Creditors present are represented by some person duly authorized by any such ^ ^°^ Creditor in writing. " Gaoler " shall include the Keeper or Governor of any Gaol or "Gaoler." Prison. " Oath," " Affidavit," shall mean and include the Declaration or " oath " "Affida- Affirmation of any person whom any Act of the Legislature '^^'■" shall have authorized to make such Declaration or Affirmation in lieu of an Oath. "Petition for Adjudication," or "Petition in Bankruptcy," shall " Petition for Adju- mean any Petition by or against a Debtor for Adjudication of rupteV." Bankruptcy. "Petitioning Creditor," shall mean the Creditor who filed the " Petitioning Credi- Petition for Adjudication. ^°^' "Property," shall mean and include all the Real and Personal "Property." Estate and Effects of the Petitioner or Bankrupt within this Colony and abroad (except as herein provided), and all the future Estate, Right, Title, Interest, and Trust of such Petiti- oner or Bankrupt, in or to any Real or Personal Estate and Effects within this Colony, or abroad, which may revert, descend, or be devised, or bequeathed, or come, and all debts due or to be due to Jbiim before he shall have obtained his discharge. "Prisoner," shall mean any person in actual custody within the "Prisoner." walls, rules, or liberties of any Prison in the Colony of Van- couver Island, for any debt, damages, costs, sum or sums of money, or for any contempt by reason of non-payment of any sum or sums of money or costs. "Suit," shall include Action at Law, and Suit in Equity, or "Suit." other proceeding. Eor the purposes of this Act, all persons shall be deemed Traders, " Trader." who prior to the commencement of this Act would have been liable to be adjudicated Bankrupt under the Laws of Bank- ruptcy then in force, 4T A.D. 1862. " Computation of time." "Number and Gender." Bepeal of Acta. Act to take effect 1st day of March, 1862." [No. 6.] Bankruptcy. [25 Vict.] In all cases in whicli any particular number of days is prescribed by this Act, or shall be mentioned by any Rule or Order of Court which shall at any time be made under this Act, for the doing of any act, or for any other purpose, the same shall be recko^ied, in the absence of any expression to the contrary, exclusive of the first and inclusive of the last day, unless the last day shall happen to fall on a Sunday, Christmas Day, Good Friday, Monday and Tuesday in Easter "Week, or a day appointed for a Public Fast or Thanksgiving, and on such other days as the Chief Justice may appoint by General Orders, in which case the time shall be reckoned exclusive of that day also. Words importing the singular number, or the masculine gender only, shall be understood to include several matters as well as one matter, and several persons as well as one person, and bodies corporate as well as individuals, and females as well as males; and Words importing the plural number shall be under- stood to apply to one matter as well as more than one, and to one person as well as more than one. 171. The Acts and parts of Acts set forth in Schedule F. to this Act, to the extent to which they are therein expressed to be repealed, and all other Acts or parts of Acts which are inconsistent with this Act are repealed; but such repeal shall not afiect any proceeding pending, or any right that has arisen or may arise, or any penalty incurred or that may be incurred, in resp'ect of any transaction, act, matter, or thing done or existing prior to or at the commencement of this Act, under or by virtue of any of the Acts , or parts of Acts repealed. 172. This Act, except where otherwise specially provided, shall commence and take efi'ect from and after the first day of March, : one thousand eight hundred and sixty-two, and may be cited for all purposes as " The Bankruptcy Act, 1862." SCHEDULE A. Amendrd by Order of Court of 11th , June, 18'rO. (See Appendix.) Document. fees, £ s. ' Every Petition presented to the Court of Bankruptcy for Adjudica- tion of Bankruptcy, or for arrangement between any Debtor and his Creditors, or for the distribution of the Estate and Effects of a deceased Debtor 5 Q Every such Petition when presented to the Court by Traders whose Debts do not exceed £300 1 Every Order of Discharge 1 Every Declaration of Insolvency 2 48 [25 ViCT.J Bankrupiej/i [H^o. e.] Svery Begistration of Trust Deeds.... ;ti>uiiiii)it.iii.ii. Every Summons of Judgn^eot Debtor or Debtors Ilyery Adlnission of siieli Debtor i iBveiy Deposition of Good Defence ,•.. Etery Bond with Sureties ,.. , Every Application for searcb for Petition or othet Proceeding.* Every Application for Appointment of any Pritate Sitting or Meet* ing in any matter under this Act Every Allocatur by an OfiScer of the Court, for any Costs, ChargeS) or Disbursements, where such Bill of Costs shall not exceed £5 £ a. 10 2 2 2 5 1 d; 6 6 6 A.I>. 1962. 5 Exceeding £ 5, 3> 10 » 20 » 30 » M « 100 }> 150 V 200 w 300 M 500 and not exceeding £ 10. 20... 80... 50... 100... 150... 200... 300... 500... 1 6 2 6 5 7 6 10 15 1 1 10 2 8 5 SCHEDULE B. Bankeuptcy Act, 1862. {In Bankruptcy.) Warranl of Committal of Bankrupt or other Party for unsatisfactorily answering or for refusing to sign his examination. CouET OP Bankkuptoy: Whereas G. E. of , in the Distriet of , was on the day of , duly sworn and examined in this Court, and the said was again on the day of , duly sworn and examined in this Court, as by the Examination and Deposition of the said , now oa the file of Proceedings in this matter, will appear. And whereas the answers of the said , as now so appearing in said Examination and Deposition, are unsatisfactory, \or the said srefused to sign and subscribe this said Examination and DepasitionJ. These are therefore to authorize and require you, immediately upon the receipt hereof, to take into your custody the said , and him safely convey to Her Majesty's Prison of , and him there to deliver to the Grovernor of the said Prison, who is hereby authorized and required to receive the said into his custody there, and him safely keep and detain, without Bail, until this Court, or the Court of Appeal in Chancery, sitting in Bankruptcy, shall make an Order to the contrary. And, for so doing, this shall be your suflSoient Warrant. Given, under the Seal of the Court, this To , and to , Governor ) of the said Prison, or his Deputy there. i day of 18 J. K., Commissioner. 49 [No, 6.] BmJmipicy. L^^J vicx.} A.D. 1862. SCHEDULE G. This Deed made tlie day of , between A. B. [the DebforJ and C. D. and E.F. [tTie Trustees] on behalf and with the assent of the under- signed Creditors of ^. B., witnesseth that A. B. hereby conveys all his Estate and Effects to G. D. and E. F. absolutely, to be applied and administered for the benefit of the Creditors of A. B., in like manner as if A. 5. had been at the date hereof duly adjudged Bankrupt. In witness whereof, &6. Schedule of Creditors. SCHEDULE D. The Bankkuptct Act, 1862. Form of Declaration to be made by the Bankrupt or the Bankrwpt's Wife. I, A. B., the person declared a Bankrupt under a Petition for Adjudica- tion of Bankruptcy filed on the day of , in the year of Our Lord [or I, G. JD., the wife of A, B., declared a Bankrupt under a Petttwn for Adjudication of Bankrvptci/ filed on the day of \ do solemnly promise and declare that I will make true answer to all such questions as may be proposed to me respecting all the property of the said A. B., and all dealings and transactions relating thereto, and will make a full and true disclosure of all that has been done with the said property, to the best of my knowledge, information, and belief. (Signed) A. B. [or G. X>., the wife of the said A. B."] SCHEDULE E. The Bankeuptct Act, 1862. Warrant against any Person disobeying any Mule or Order of Coutt. Whereas by a Kule [or an Order'] of this Court, bearing date the day of , made for enforcing the purposes and provisions of the Bant, ruptcy Act, 1862, [or if of any other Act hereafter in force relating to the subject matters oj this Act, or made or entered into hy consent, for earring into effect any of such purposes or provisions, alter the recital accordingly] it was ordered that, [^c, ifc, as in the Rule or Order]. And whereas it is now proved that, after the making of the said Eule [or Order], that is to say, on this day of , a copy of the said Rule [or Order] was duly served on the said , personally, and the original Eule [or Order] at the same time shown to him, but the said then refused [or neglected'^ to obey the same, and hath not as yet obeyed the said Kule [or Order] These are therefore to will and require, and authorize you, immediately upon receipt hereof, to take into your custody the body of the said A. B., and him safely convey to Her Majesty's Gaol [or Prison] of [or called ] and him there to deliver to the Keeper of the said Prison, together with this Precept, and the Keeper of the said Prison is hereby required and 50 [25 Vim.] Sankrvptcff, [No. e.] authorized to receive the said A. B. into Ms custody, and him Safely to keep and detain, without Bail or Mainprise, until this Court, or the Court of Appeal in Chancery, sitting in Bankruptcy, shall make Orde? to the contrary. And, for so doing, this shall be your sufficient Warrant. Given, under my Hand and the Seal of Court, at the Court of Bant ruptey, Victoria, this day of Lord one thousand eight huiidred and [L. S.] To or his Assistant, and to the Keeper of Her Majesty's Prison [or Gaol] of [or called ] or his Deputy there. 1 ,, in the yeaJr of Our A. B., Commissioner. SCHEDULE F. Acts and Paris of Acts repealed. Date of Act. 1 & 2 Vict. c. 110 B& evict, c. 116. 7 & 8 Vict. c. 96. 10 & 11 Vict. 0. 102, 12 & 13 Vict. c. 106 15 & 16 Vict. c. 11. 17 & 18 Vict. c. 119 Title. An Act for Abolishing Arrest on Mesne Process in Civil Actions, except in certain cases ; for extending the Remedies of Creditors against the Property of Debtor ; and for Amend- ing the Laws for the Relief of Insol- vent Debtors in England. An Act for the Relief of Insolvent Debtors. An Act to Amend the Laws of Bank'- ruptey, Insolvency, and Execution. An Act to Abolish the Court of Re' view in Bankruptcy and to make al- terations in the Jurisdiction of the Court of Bankruptcy and Court for Relief of Insolvent Debtors. An Act to Amend and Consolidate the Laws relating to Bankrupts. An Act to Abolish the Ofiice of Lord Chancellor's Chief Secretary of Bankruptcy, and to regulate the Office of Chief Registrar of the Court of Bankruptcy. An Act for Regulating Appointments to Offices in the Court of Bank- ruptcy, and for amending the Laws relating to Bahkrupts. Extent of Repeal. The whole, except ?? 1 to 22, both inclusive. The whole. Sections 1 to 56, both inclusive. The whole, except Sec-' tion 4. Sections 8, 16, 18, 26, 39, 44,48,62,54,56,60,62, 63,64,?0,72,T3,91,93, 139, 160, 164, 183, 185, 187, 188, 18&, 190,194, 195,198,199,200,201, 202,203,204,205,206, 207, il 211 to 231, both inclusivi,§S 251, 252,253,255,256,257, 258,269, and such oth- er parts of the said Act as may be incon- sistent with this pre<> sent Act. Section 10. Sections 3, 11,12, 13,14, 15,20,21.22,25,26,27. A.D. 1862. 61 w pjo. 7.] Victoria Gas Company JEximsion. [26 Vict.] No. 7. A.D. 1862. An Act tb enlarge the time limited by the " Victoria Gas — Company's Act, 1860," and the "Victoria Gas Company's Extension Aet 1861," for the Establishment of Gas Works and Buildings by the Victoria Gas Company. 13rd July, 1862.] ^JHEEEAS by the Second Section of the "Victoria Gas Com- pany's Act, 1860," it was, amongst other things, provided that the Victoria Gras Company should, subject to the provisions therein contained, have the exclusive right, liberty, and privilege of selling Gas in the Town of Victoria, and laying down, and relaying, and connecting, disconnecting, and repairing all pipes, along, through, under, and over the streets, alleys, grounds, and thoroughfares of the said Town, that may be necessary for supplying Gas to the consumers thereof j for the term of five years from the final passage of the said Act: And whereas it was by the Third Section of the said Act further provided, that the Company should within one year from the passage of the said Actj unavoidable casualities of the sea and fire not preventing, establish Gas Works and Buildings adequate to the supply of the Town of Victoria, and lay not less than five thousand feet of mains of an adequate diameter, and supply therefrom to all persons as therein mentioned an adequate amount or Gas of good quality, at the house, shop, establishment, or residence of the person requiring the same: And whereas the said "Victoria Gas , Company's Act, 1860," finally passed into Law on the 19th day of December, 1860 : And whereas by the "Victoria Gas Company's Extension Act, 1861j" it was enacted that the said Company should and might establishi, 1^, and supply the works, buildings, mains, and Gas aforesaid, within an additional period of six months from the expiration of the said twelve months ^mentioned in the said "Victoria Gas Company's Act, I860:" And whereas the "Victoria Gas Company's Extension Act, 1861," finally passed into Law on the 19th day of December, 1861 : And whereas the said additional six months will expire on the 19thday of June, 1862: And whereas the said Company has met with many great and unavoidable delays in carrying their said undertaking into ex- ecution, and it is expedient to give a further extension of time during which they shall be authorized to establish, lay, and supply 52 '[26 Vict.] Victoria Mre Limit. pfo. 8.] the works, buildings, mains, and Gas aforesaid, and to further a.D. 1862. extend the exclusive privilege granted to them by the Second Section of the said "Victoria Gas Company's Act, I860:" Be it therefore enacted by the Governor, on Her Majesty's behalf, by and with the consent of the Legislative Council and Assembly of Vancouver Island and its Dependencies, as follows: — 1. The said Company shall and may establish, lay, and supply the works, buildings, main, and Gas aforesaid, vdthin an additional period of three months from the passage of this Act. 2. The exclusive rights, liberties, and privileges in the Second Section of the "Victoria Gas Company's Act, 1860," mentioned, shall, subject to the provisions in the said "Victoria Gas Company's Act, 1860," contained, be enjoyed and had by the said Company for the term of five years from the passage of this Act. 3. This Act may be quoted as " The Victoria Gas Company's short Title. Extension Act, 1862." No. 8, An act to Establish Fire Limits within the Town of Victoria. ^jy^ 1862. l9thJuly, 1862.] WHEEEAS it is expedient to prohibit the erection of Wooden Buildings within the Town of Victoria: Be it enacted by His Excellency the Governor, on Her Majesty's behalf, by and with the advice and consent of the Legislative Council and Assembly: — 1. That from and after the passage of this Act, no person shall erect any "Wooden Building more than eighteen feet high, and not more than one story, within the limits of that portion of the Town of Victoria which is described in the Schedule to this Act annexed, under the penalty of five hundred pounds for each month during which such Building shall be erected, or in the course of erection. 2. Until the passage of an Act for the Incorporation of the Town of Victoria, the penalties aforesaid shall be recoverable in an action at the suit of the Attorney General, and shall be paid into the Treasury for the use of Her Majesty, Heir heirs and successors. 3. From and after the passage of such Act as last aforesaid, the said penalties shall be recoverable in an action at the suit of the said Corporation. 63 [No. 9.] Froteetum of Wife's Property. [26 Vict.] A.D. 1862. 4. The person paying over sueh penalties may pay the same to such person as may be appointed by the said Town Council, upon the prodiiOtion of an order for payment to some person named therein, signed by the Clerk of the Council, and countersigned by the Mayor or Presiding Councillor. Short Title. 5. This Act maybe cited as "The Victoria Fire Limit Act, 1862." , SCHEDULE. All that piece of land bounded by Johnson Street on the Norjih; the west side of Broad Street on the East; the north side of Fort Street on the South j by the Harbour on the West. WO. 9. A.D. 1862. An Act to protect the Property of a Wife deserted by her Husband. [10i!A July, 1862.] WHEREAS it is expedient to protect the Property of a "Wife deserted by her Husband; Be it therefore enacted by the Governor, on Her Majesty's behalf, by and with the advice and consent of the Legislative Council and Assembly, as follows : — 1. That from and after the passing of this Act, a "Wife deserted by her Husband may, at any time after such desertion, if resident within the Colony, apply to the Chief Justice of the Colony of Vancouver Island, or to a Police Magistrate, or Justice, or to the Justices in Petty or Quarter Sessions, for an order to protect any money or property she may acquire by her own lawful industry, and any property which she may become possessed of after such order against her Husband, or his Creditors, or any person claiming under him; and such Chief Justice, Police Magistrate, Justice or Justices in Petty or Quarter Sessions, if satisfied of the fact of such desertion, and that the same was without reasonable cause, and that the Wife is maintaining herself by her own industry or property, may make and give to the Wife an order protecting her earnings and property acquired since the date of such order, from her Husband, and all Creditors and persons clajming under him, and such earnings and property shall belong to the Wife as if she were a feme sole. ■54 [26 Vict.] Boad and Harbour Loan, [No. 10.] 2. Provided, always, that every such order, if made by a Police a.D. 1862. Magistrate, Justice or Justices at Petty or Quarter Sessions, shall, , within ten days after the making thereof, be entered with the Registrar of the Supreme Court; and if such order be made by the Chief Justice, be entered at the time of making thereof, by the said Registrar; and it shall be lawful for the Husband, and any Creditor, or other person claiming under him, to apply to the Supreme Court for the discharge thereof. 3. Provided, also, that if the Husband, or any Creditor of, or person claiming under the husband, shall seize or continue to hold any property of the "Wife, after notice of any such order, he shall be liable, at the suit of the "Wife (which she is hereby empowered to bring) to restore the specific property, and, also, for a sum equal to double the value of the property so seized or held after such notice as aforesaid. 4. If any such order of protection be made, the "Wife shall, during the continuance thereof, be, and be deemed to have been, fi-om the date of such order, in the like position in all respects with regard to property and contracts, wrongs and injuries, and suing and being sued, as she would be if she were a feme sole, or had obtained a decree of judicial separation from a Court of competent jurisdiction; and her Husband shall not be liable in respect of any engagement or contract made by her, or for any wrongful act or omission by her, or for any costs she may have incurred during continuance of any such order of protection as aforesaid. 5. This Act may be cited as "An Act to protect the Property of short Title. a "Wife deserted by her Husband." No. 10. An Act to authorize the Governor of Vancouver Island to a.D. 1862. borrow the sum of Forty Thousand Pounds on the security — of the General Revenue of the said Colony. leth September, 1862.] WHEREAS it is expedient to raise by Loan secured on the General Revenue of the said Colony, funds for the construc- tion of Roads and other communications within the said Colony, and for the improvement of Victoria Harbour, and to make pro- visions for the redemption of such Loan : And whereas by the " Victoria Harbour Act, 1860," all moneys 55 [No. lOO ^'^ <^'^ Sarhour Loan. [26 Vict.] A.D. 1862, «°-^ ^'^^^ P^^^ ^"^^ l&ri&A. in pursuance of " The Victoria and — Esqttimalt Harbour Dues Act, 1860," were directed to be paid into a separate account in the Treasury aa a security for certain Loans therein mentioned : And whereas since the passage of the said " Victoria Harbour Act, 1860," the Loans effected by virtue of the said Act have been wholly paid off and redeemed : Be it therefore enacted by His Excellency the Governor, on Her Majesty's behalf, by and with the consent of the Legislative Coun- cil and Assembly, as follows : — Eepeai of the Victo- 1, The " Victoria Harbour Act, 1860," is hereby repealed. ria Harbour Act. . « , The Governor may 2. It shall be lawful for the Govcrnor for the time bemg of the issue Debentures to gaid Colony from time to time, or at any time hereafter, to cause £40,000. to be made out and issued. Debentures secured upon the General Revenue of the said Colony, for such sum or sums of money not exceeding Forty Thousand Pounds (^40,000) Sterling in the whole, as may be required for the purpose of constructing Eoads and other communications within the interior of the said Colony, and for the purpose of improving Victoria Harbour. 3. All Debentures made out and issued under this Act shall bear interest at the rate of Six Pounds (£6) Sterling per centum per annum, payable half-yearly, and shall be redeemable and redeemed at the expiration of twenty years from the date hereof. 4. Every Debenture shall be for any sum or sums not less than One Hundred Pounds (JlOO) Sterling, which the said Governor shall determine, and which, together with the interest thereon, shall be payable in London at the offices of the Agents General for the time being for Crown Colonies, or at the Treasury of the said. Colony. 5. The bearer of any of the said Debentures may alter the place of payment of the principal and interest to either the Treasury at Victoria, or the office in London of the Agents General for Crown Colonies, by giving six months' previous notice in writing, terminating on the 1st day of January, or the 1st day of July, at the previous place of payment (the Treasury at Victoria, or office in London of the Agents General aforesaid, as the case may be) of his will to make such alteration, and causing the Officer acting as Treasurer for the time being, or the said Agents General in London (who is and are hereby required so to do) to endorse on such Debenture a memorandum of such alteration. 6. All Debentures made out and issued under this Act shall be entered in a Register to be called the "Debenture Register;" one copy thereof shall be kept by the Agents General at their Offices iu London, and another copy thereof by the Auditor of the said Colony; and such Debentures shall be deemed a primary charge 56 [26 Vict.] Hood and Sarbour Lodfii ^o. 16.] upon all the Revenues of the said Colony, from wnatever source ^.j), lg62. arising; and all interest thereon, and the principal when due, shall be paid to the Treasurei* of the said Colony out of such Revenues, under "Warrant to be issued by the said Governor, in priority of all demands thereon, except the charge and expenses of the collection thereof. '' 7. The said Debentures shall be signed by the Agents General for Crown Colonies, for and on behalf of the Colonial Government, and shall be in the form set forth in the Schedule to this Act marked A. ; and shall bear date on the day of the issuing thereof, and shall be numbered arithmetically,- beginninng with number one and so proceeding in arithmetical progression, ascending, wherein the common excess or difference shall be one. 8. Interest Coupons, in the form marked B. in the said Schedule, shall be attached to each of the said Debentures^ and shall be signed by the Agents General on behalf of the Government. 9. The said Debentures shall be made payable to the bearers thereof, and shall pass by delivery only, and without any assign- ment or endorsement; and the holder or bearer of every such Debenture for the times, being shall have the same rights and remedies in respect of the same as if he were expr«ssly named therein. 10. It shall be lawful for the said Governor to authorize the whole or any portion of the said Debentures to be negotiated, con- traded for, or sold by the Treasurer or the Agents General for Crown Colonies, ■ and at such times, in such sums, and in such manner, as the said Governor may direct. 11. All moneys issued under this Act shall be paid in such manner as the said Governor shall prescribe to the Treasurer of Vancouver Island, and shall by him be placed to the credit of an account to be called "The Vancouver Island Road and Harbour Loan Account," to be applied for the purpose of surveying and constructing Roads and other communications within the said Colony, and in or towards the improvement of the Harbour of Victoria, and in or towards the repayment of any sums which may be hereafter borrowed for and expended in such surveying, con- struction, and improvements, and to no other purposes whatsoever, and the said moneys shall be accounted for in the same manner as if they formed part of the current Revenue of the said Colony. 12. The proportion of the moneys to be devoted to the improve- ment of the Victoria Harbour shall be as eighteen to twenty-two. 18, The said Governor shall provide for the redemption of the said Debentures by authorizing and directing the Treasurer of the said Colony to appropriate half-yearly in every year out of the General Revenue of the Colony such a sum as shall be equal to 57 [Ko. 10.] Hood and Harbour Loan. [26 Vict.] A.D. 1862. five per cent, on the total of the principal sums for which Deben- tures shall from time to time have been issued, and be for the time being outstanding; and after having paid the half-year's interest thereupon, shall invest or cause to be invested the residue thereof as a sinking fund for the final extinction of the debt, and shall invest or cause to be invested the dividends, interest, or annual produce arising from such investment, so that the same may accu- mulate by way of compound interest. All sums paid to the account of the sinking fund, and all interest or dividends arising therefrom, shall be invested in the name of Trustees in the purchase of . Imperial or Colonial Government securities ; the nature of such securities, and the selection of such Trustees shall be left to Her Majesty's Principal Secretary of State for the Colonies. 14. Provided, nevertheless, that it shall be lawful for the said Governor from time to time to authorize the Agents General for the time being for Crown Colonies, or the Treasurer of the said Colony for the time being, to re-purchase the said Debentures to the amount of such moneys as the said Governor may by any Proclamation hereafter to be issued and passed by him, out of the current Revenue of the Colony appropriate for that purpose, and for the Trustees of the said sinking fund to make use thereof for the purpose of withdrawing Debentures from the market by purchase; and all Debentures so re-purchased shall be forthwith cancelled and destroyed; and no re-issue of Debentures shall be made in conse- quence of such purchase and destruction. 15. From and after the date of any and every such re-purchase of Debentures as last aforesaid, the amount then payable to the sinking fund shall from time to time be reduced in proportion to the reduced amount of Debentures for the time being remaining unre- deemed, and any moneys remaining in the said sinking fund after the loan hereby sanctioned is fully paid' and satisfied, shall be forthwith paid over to the Treasurer and accounted for as General Eevenue. 16. It shall be lawful for any Trustees, Executors, Administrators, or Guardians, having the disposition of any trust moneys to purchase any such Debentures by and out of any such trust moneys, and every such purchase shall be deemed a due investment of such trust moneys. 17. It shall not be necessary for the said Colonial Treasurer or any other person acting for or on behalf of the Government of the said Colony, to notice or regard or enquire into the trusts to which any such Debentures shall be liable, or the rights or authority of any person being the actual holder or bearer of such Debentures as aforesaid. But payment to the actual holder or bearer thereof or his lawful agent, shall be deemed in all cases due payment, unless otherwise specially agreed in writing by and under the hand 68 [26 Vict.] Road and Aarhow Loan. [ifo. 10.] of tlie Treasurer, Agerits General, or otheif persoii acting as j^^x). 1862i aforesaid, for the time being entrusted with the sale of such Debentures. 18. Any person who shall forge or alter, or shall offer, utter, or dispose of, knowing the same to be forged or altered, any Deben- ture purporting to be made out and issued under this Act, shall be guilty of Felony, and being thereof convicted, shall be imprisoned for any period not exceeding three years with or without hard labour, at the discretion of the Judge before whom any such person shall be tried and convicted. 19. This Act may be cited as "The Vancouver Island Eoad short 1?uie. and Harbour Loan Act, 1862." SCHEDULE. Form. A. Vancouver Island. Government DfiBtuftuES. " Vancouver Island Road andHarhour Loan Act, 1862." £40,000. .No; £100 For One Hundred Pounds advanced to the Government of Vancouver Island, the holder of this Debenture is entitled to receive Interest at the rate of Six per centum per annum in half-yearly payments, payable at on the and in each year. The said sum of One Hundred Pounds Sterling, with the interest thereon, is charged upon and made payable out of the General Kevenue of the Colony of Vancouver Island, as a first charge thereon, under the terms of the "Vancouver Island Road and Harbour Loan Act, 1862," and the jprincipal will be repaid at , at the expiration of Twenty Years from . , Signed on behalf of the Government of Vancouver Island, and in accordance with the provisions of the Act above cited. {Agents General for Crown Colonies. Registered, e N.B. — The holder or bearer of this Debenture may alter the place of pay- ment of principal and interest to the Treasury in Victoria, or the Offices of the Agents General for Crown Colonies in London, by giving six months' previous notice in writing, terminating on the 1st day of January, or the 1st day of July, at the previous place of payment (the Treasury at Victoria, or the Offices 59 [No. 11.] Tempwary Debenture Loan. [26 Vict.] A D 1862 oiih^d Agents General for Crown Colonies in London, as the case may be) of " J__ his wish to make such alteration, and causing the Officer acting as Treasurer in Victoria, Vancouver Island, or the said Agents General for Crown Colonies in London, as the case may be, to endorse on this Debenture a memorandum of such'. alteration. ToEM B. Vancouver Island. " Vansmver Ishnd Eoad and Earbour Loan Ad, 1862." No. Half-year's interest due day of on Debenture No. payable at (the office of the Agents General for Crown Colonies, London, or at the Treasury, Victoria, as the case may be). £ Agents General. w No. 11. An Act to enable the Governor of Vancouver Island to A.D. 1862. borrow the sum of Fifteen Thousand Pounds upon the security of the General Revenue of the Colon . I6th September, 1862.] T'HEEEAS by the "Vancouver Island Road and Harbour Loan Act, 1862," the Gfovernor is authorized to , borrcw the sum of Forty Thousand Pounds upon the security of the General Revenue of the Colony, and out of the moneys so borrowed to repay any moneys previously borrowed and expended in the tconstruction and surveying of roads and communications within he Colony, and the improve ment of the Harbour of Victoria: And whereas the rate of interest payable in respect of moneys borrowed within this Colony is of a very high character, and it is intended to raise the said sum of Porty Thousand Pounds in England: ^ And whereas it is expedient to execute certain , pubUc works with rapidity : And whereas it is expedient to borrow such sums as may be required for the purposes aforesaid, not exceeding in the whole the sum of Fifteen Thousand Pounds, to be repaid; out of the said sum 60 [26 Vict.] Temporary Debenture Loan. [No. 11.] of Forty Thousand Pounds, and in the meantime to be secured A.D. 1862. ■on the. General Revenue of the Colony: , ' Be it therefore enacted by His Excellency the Governor, on Her Majesty's behalf, by and with the advice and consent of the Legis- lative Council and Assembly, as follows: — 1. It shall and may be lawfd for the Governor for the time being of Vancouver Island and its Dependencies, by Warrant under his hand and seal, to authorize the Treasurer for the time being to raise any sum of money, not exceeding in the whole the sum of Fifteen Thousand Pounds (£15,000), upon the security of the Gen- eral Eevenue of the said Colony, by the issuance of Debentures of Twenty Pounds (£20) each, at least, each payable within such space of time as may be determined by the Governor, not exceeding a period of one year from the date of the passage of this Act, and bearing interest after a rate not exceeding fifteen per centum per annum. 2. Such Debentures shall be in Form marked A. in the Schedule hereunto annexed, and shall bear date on the day of the issuing thereof, and shall not be issued at a discount. 3. All Debentures made out and issued under this Act, shall be entered in a Register to be called the " Temporary Debenture Register," and kept by the Auditor of the said Colony; and the principal and interest thereby made payable, shall be deemed a primary charge upon the General Revenue of the said Colony, from whatever source; and all interest thereon, and the principal when due, shall be paid by the Treasurer out of such Revenue, under Warrant to be issued by the said Governor, in priority of all demands thereon, except the charges and expenses of the collection thereof. 4. The said Debentures shall be made payable to the bearers thereof, and shall pass by delivery, and without any assignment or endorsement; and the bearer of every such Debenture shall have the same rights and remedies as if he were expressly named therein. 6. The interest upon the said Debentures shall be payable at the Treasury, Victoria, every three months. 6. The said Debentures shall be redeemable at par, at any time after the publication of thirty days' notice to that efi:ect by the Treasurer, in any of the public papers circulating in the Colony. 7. From and after the expiration of the said thirty days, all Debentures not handed into the Treasury for redemption shall cease to bear interest. 8. The Governor shall provide for the redemption of the said Debentures out of the sum borrowed on the "Vancouver Island Road and Harbour Loan Act, 1862." 9. This Act may be cited as "The Vancouver Island Temporary gj^^j.^ ^..^j^ Debenture Loan Act, 1862." 61 [Ko. 12.] Preservation of Game. [26 Vict.J A.D.1862. SCHEDULE. A.D, 1863. FOKM A. Under authority of the " Vancouver Island Temporary Debenture Loan Act, 1862." This Debenture entitles the bearer to Pounds Sterling, on the day of 186 , which with interest after the rate of per centum per mensem, is hereby secured on the General Revenue of the Colony, of Vancouver Island for the current year. Dated the day of 186 . (Signed) Treasurer Entered at the Audit OfiBce, in the Temporary Debenture Register. (Signed) Auditor. No. 12. An Act to amend an Act for the preservation of Game. I5ih September, 1862.] WHEEEAS in an Act entitled " An Act for the preservation of Game," passed on the 20th day, of April, A.D. 1859, provi- sions are contained for the preservation of certain Birds and Animals of Game : And whereas it it expedient to include other Birds in the said provisions, and otherwise to amend the said Act ; And whereas it is expedient to protect smaller Birds which sub- sist chiefly on insects : Be it therefore enacted by the Governor, on Her Majesty's behalf, by and with the advice and consent of the Legislative Council and House of Assembly of the Colony of Vancouver Island and its Dependencies, as follows : — Unlawful to take or 1. That from and after the passage of this Act it shall be' un- destroy small birds j^wful for any person to take or destroy in any manner, or buy or Bubsistmg on in- r. i -t ■ n Beets. sell, or oifer, or exhibit for sale, any Thrush, Lark, or Robin, or any Bird known by any of these names, or any Birds which subsist principally on noxious insects; or any egg of either of such Birds, from the 1st day of February to the 1st day of September in any year. And every person so ofiending shall be liable to a penalty not exceeding ten pounds (^10), to be recovered in a summary manner before any Justice of the Peace. Kg nets or otter en- 2. That from and after the passage of this Act, no person shall fharlcter, \o''be "^e or employ any net, seine, drag net, or other engine of a like used in the Lskesof description for the purpose of taking or capturing Fish in Victoria Victoria Arm. ^t, = o d2 Penalty, [26 Vict.] Land Clauses Consolidation. [No. 13.] Arm above Point Ellice, or in any Lake, Pond, or standing water ^.p. i862. in this Colony, under a penalty not exceeding fifty pounds (£50), to be recovered as aforesaid. 3. Any person who shall take or destroy in any manner, in the Taking or destroj- Districts of Victoria, Lake, North Saanich, South Saanich, Esqui- spfcmed'°to''biTi! malt or Metehosin, any of the Birds or animals of Game mentioned tie to same penai- in the aforesaid Act, between the periods therein set forth, shall be selling. °' "^""^^ °^ liable to the same penalties as if he had bought or sold the same contrary to the provisions thereof, and shall be deemed to be guilty of an offence against the said Act, and punished accordingly. 4. The said Act for the preservation of Game and this Act may Two Acts to be com- be quoted as one Act, and entitled for all purposes " The Act for Titfe. ' *° * the preservation of Game." No. 13. An Act for Consolidating in one Act certain provisions usually a.D. 1862. inserted in Acts authorizing the taking of Lands for under- takings of a Public nature. , [25th February, 1863.] ITTHEREAS it is expedient to establish certain conditions and ' ' provisictos upon and in accordance with which Land required for undertakings or works of a public nature may be acquired, and the manner of obtaining compensation for the same : And whereas by an Act passed in the Lnperial Parliament in the eighth year of the reign of Her present Majesty, and intituled " The Land Clauses Consolidation Act, 1845," the provisions usua,lly introduced into Acts of Parliament relative to the acquisition of lands required for undertakings or works of a public nature were comprised in one general Act ; and it was by the said Act enacted that the said "Land Clauses Consolidation Act, 1845," should apply to every undertaking authorized by any Act which should be thereafter passed and which should authorize the purchase or taking of lands for such undertaking,' and that the said "Land Clauses Consolidation Act, 1845," should be incorporated with such Act. And it was also enacted that all the clauses and provisions of the said "Land Clauses Consolidation Act, jl845," (save so far as they should be expressly varied or excepted by any such Act) should apply to the undertaking authorized thereby so far as the same should be applicable to such undertaking, and should, as well as the clauses and provisions of every other Act which should be 63 [Jfo. 13.j Land Clauses Consolidation. [26 YictJ A.D. 1862. incorporated with such Act, form part of such Act and be construed — ~ together therewith as forming one Act: And whereas it is expedient that " The Land Clauses Consolida- tion Act, 1845," should apply to undertakings or works of a public nature in Vancouver Island and its Dependencies, save where such Land Clauses Consolidation Act is inapplicable from the difference of local circumstances : Be it therefore enacted by ELis Excellency the Grovernor, on Her Majesty's behalf, by and with the advice and consent of the Legis- lative Council and Assembly, as follows : — Application of Land 1. That " The Land Clauses Consolidation Act, 1845," as modified Clauses Consohda^ ^tj the provisions hereinafter contained, shall apply to any under- taking authorized by any Act which shall be hereafter passed by the Legislature of Vancouver Island and its Dependencies, and which shall authorize the purchase or taking of lands for such un- dertaking, and this Act shall be incorporated with such Act, and all clauses and provisions of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, as well as all the clauses and provisions of every other Act which shall be incorporated with such Act, form part of such Act, and be construed together there- with as forming one Act. Definitions not to 2. The definitions of "Superior Courts," "County," "the ^PP'y- Sheriff," "the Clerk of the Peace," "Justices," and the "Bank," fi;iv6n in the Third Section of " The Land Clauses Consolidation Act, 1845," shall not apply. The eighth clause of 3. The Eighth Clause of the Land Clauses Consolidation Act, the Act not to apply, g^all not apply. Moneys to be depo- *• "^^l iHoneys directed to be deposited in the Bank by the said sited_in the^ Treasu- Act, shall be deposited in the Treasury, in lieu of being deposited in fea'nk. the Bank specified in the said Act, and the Treasurer shall perform all the duties and functions directed to be performed by the Cashier of the Bank in the said Act. The Governor to ap- 5. The approbation mentioned in the Pifteenth Clause of "The 00™™!!°!^^^^' ^^'"'^ Gl^y^^QB Consolidation Act, 1845," to be given by the Com- the Treasury. missioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland, shall not be required, but in lieu thereof, the approbation of the G-overnor for the time being of Vancouver Island and its Dependencies shall be required. Nottces.^with whom 6. The notices mentioned in the Mneteenth Section of " The ° ^ « '• Land Clauses Consolidation Act, 1845," may be left with the occupier of the lands therein mentioned, in case any of the parties therein referred to shall be absent from the Colony, or cannot be found after diligent enquiry, 64 [26 TicT.] Land Clauses OonsoHdation [)^o. 18-3 7. The power vested by the TweMy-eighth Section oi the said A.D, 1863. Act in the Board of Trade, to nominate an umpire, shall, in any ^tjigf j,^^e to case in which a Railway, or "Water Company, or a company for the nominate umpire formation of a Cemetery shall be one party to the arbitration, be J^" xiade- vested in the Chief Justice for the time being. 8. The Thirty-ninth Section of the said Act shall not apply, but Tbe thirty-mnth • T 4.x, jj/i, a ^.' J? n • section not to apply. m lieu thereof the bection loliowing : 9. In every case in which any such question of disputed com- juries ho-w to be pensation shall be required- to be determined by the verdict of a d^^uted^compens^ jury, the promoters of the undertaking shall issue their warrant to tion. the Sheriff requiring him to summon a j ury for that purpose, and such warrant shall be under the common seal of the promoters of the undertaking if they be a corporation, or if they be not a corporation, under the hands and seals of such promoters, or any two of them; and if such Sheriff be interested in the matter in dispute such application shall be made to some person to' be nominated pro hac vice in that behalf by the Chief Justice, who shall not be interested in the matter in dispute, and such person when nominated shall fulfil all the functions delegated to the Sheriff by "The Land Clauses Consolidation Act, 1845." 10. The verdict and judgment mentioned in the Fiftieth Section Verdict and judg- of the said Act to be "kept by the Clerk of the Peace among the Mt"ecti'o'irof" records of the General or Quarter Sessions of the County in which the said Act shall the lands or any part thereof shall be situate in respect of which trar of Supreme such purchase money, or compensation shall have been awarded," ^°^^^- shall be kept by the Registrar of the Supreme Court of Civil Justice, and such verdicts and judgments shall be deemed records. 11. The person whose duty it shall be to settle the costs of any Taxation of Costa, inquiry referred to in the Fifty-second Section of the said Act, or to tax any costs directed to be taxed under the Eighty-third Section of this Act shall be the person for the time being acting as Taxing Master in the Supreme Court of Civil Justice, in lieu of "one of the Masters of the Court of Queen's Bench of England or Ireland" mentioned in the said section. 12. The rate of interest payable under Clause EightyTfive of Tjjgjg^tgpfi^^g^gg^ "The Land Clauses Consolidation Act, 1845>" shall be twelve per payable under .,„„ ^ clause eighty-fiva cent, per annum, instead or nve per cent, per annum. ~ to be twelve per cent, per annum in 13. The power given to two Justices to nominate an able lieu of five, practical Surveyor to determine the value of land and the compen- Purveyor to be ap- .. . ^ pointed to estimate sation to be paid for any permanent injury to land of any party compensation where who by reason of his absence from the Kingdom is prevented from °'^°^'^" absent. treating, is hereby extended to the case of any person absent from .Vancouver Island and its Dependencies; or the case of any person who cannot, after diligent enquiry, be found; or who shall not appear at the time appointed for the enquiry before the jury, as therein before provided for. 65 [No. 13.] Land Clauses Consolidaiion. [26 Vict,] 14. The nomination of an able practical Surveyor to be made by ■ J ■ two Justices, in tbe Eifty-ninth Section mentioned, shall be made Such Surveyor to be upon suchproof as shallbe satisfactory to them, that any such party factory proo" to two has failed to appear on such enquiry before a jury as aforesaid, after fsTbsent*''^'* "^""^ ^^^ notice to him for that purpose. Moneys to be paid 15. All moneys directed by the said Act to be paid into the Bank into th» Treasury. ^^ ^.j^^ account of the Accountant General, shall be paid into the Treasury to the account of the Registrar of the Supreme Court to be placed to the account there of the said Registrar ex parte the parties mentioned in the said Act, in li^u of being paid into the Bank to the account of the Accountant General, and shall not be invested until otherwise provided by some Acts which may be passed in the present or any future Session of Parliament. Orders Powers &c ^^' "^^^ Orders, powers, and discretions of the Court of Chancery to be made by Su- in England, the Court of Exchequer in Ireland, mentioned or Justice."^ ° '^' referred to in the said Act, may be made by the Supreme Court of Civil Justice. Sections not to 17. The Sections 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, ''PPiy- 106, 107, shall not apply. The 133rd clause 18. The One Hundred and Thirty-third Clause shall not apply, not to apply. ajj^ jjj j.g^ thereof it is enacted : Deficiency in assess- 19. That if the promoters of the undertaking become possessed i^nds\*dng token ^ ^^ ^^^*"® °* t^is> °^ *>® special Act, or any Act incorporated there- up to be made good, with, of any lands charged with any tax, rate, or assessment whatsoever, they shall from time to time until the works shall be completed and assessed, be liable to make good the deficiency in the several assessments by reason of such lands being taking up or used for the purposes of the works. Clauses not to 20. The One Hundred and Eorty-eighth, One Hundred and apply- Fiftieth, and One Hundred and Fifty-second Clauses shall not apply. Appeaitobemade 21. The power of appeal given bv the One Hundred and Eortv- ■ to the Chief Justice. • .i a ,. , ,, 7 i , , , „ „ , . , sixtn bection shall not apply, but any party who shall feel aggrieved, as in the said Section^ mentioned, may appeal to the Chief Justice at the next Assizes, but no such appeal shall be entertained unless it be ijiade within four months next after the making of such determination or adjudication, nor unless ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal should be brought, nor unless the appellant forthwith after such notice enter into recogni- zances with two sufficient sureties before a Justice, duly to prosecute such appeal and to abide the order of the Court thereon. Government Ee- 22. Where any land reserved for Government or other purposes serve Land. may be required by the promoters of any undertaking, the same 66 [26 Vict.] Mailway Clauses C "^ Definition of expres- 3. Whenever the expression " Turnpike Road " is used in the sions "Turnpike ga^jjj ^(i^^ the Same expression shall be deemed equivalent to the Eoad." words " Public Road," and the words " Public Road " shall include all roads over which the public have a right of way. Citation of Act. 4. This Act may be cited for all purposes as " The Vancouver Island Railway Clauses Consolidation Act 1863." The words "Princi- 5. "Whenever the words "Principal Act" are used, the same the "Railway ^^"^ shall. be taken to indicate " The Railway Clauses Consolidation Clauses Consolida- |^ct 1845 " tion Act, 1845." ' ' _ Certificates and 6. The Certificate of the two Justices, and the plans and sections meTioTedfrthe"' mentioned in the 7th and 8th Sections of the principal Act, shall Tth and 8th Sections be deposited with the Surveyor General for the time being of with"whom to be Vancouver Island, in lieu of being deposited with the Clerks of deposited. jjjq Peace, Clerks of the Parishes, and Postmasters, in the said Section specified; and the duties by the 9th Section of the principal Act, imposed on the said Clerks of the Peace, Clerks of Parisbes, and Postmasters, shall be performed by the said Surveyor General, and true copies, certified by the Surveyor General, shall be received in evidence, in manner provided by the 10th Section of the princi- pal Act. Application to be 7. The application to be made to the Board of Trade, under the made to the Boara ^ _ , oi x- ^ xi • • i of Trade under 12th l-^tli bection ot the prmcipal Act, shall be made to the Surveyor ic?irbema"dTtr' General;_and the powers delegated tothe Board of Trade by the the Surveyor Gen- said .Section,' shall be exercisable by the Surveyor General. £27 VioT.] Chief Justice's Fmsion. [Eo. 15. j 8. The certificates iii]Leiatiope tion, J Bearing Interest Bills in 1 Not bearing Interest Circula- ■ tion, J Bearing Interest Balances due to other Banks... Denos- 1 ^°* bearing Interest "^' J Bearing Interest [Silver Legal Tender Coin in Gold and Gold and Silver in Bullion Landed Property Notes and Bills of other Banks Balances due from other Banks Amount of all Debts due to the Bank, including Notes, Bills of Exchange, and all Stock and Funded Debts of every description, excepting Notes, Bills, and Baljinces due to the said Bank from other Banks Total Amount of Assets Total Amount of Liabilities 81 [No. 20.] Endosun of y\/ells [28 Vict.] Amount of Capital Stock paid up at the close of the Quarter ended Rate of last Dividend declared to the Shareholders Amount of the last Dividend declared c... Amount of the Reserved Profits at the time of declaring such Dividend Managing Director or McMiager, Chief Cashier, Accountant Cleric, [Place and date.'\ {as the case may he.) I, , do hereby declare that to the best of my knowledge and belief, the foregoing Abstract is a true and faithful Account of the Average Amount of the Assets and Liabilities, within this Colnny, of the above Bank, during the period specified, and that the same was made up from the Weekly Statements thereof kept in pursuance of the provisions of " The Banking Act, 1864." (Signatrm-e of Managing Director or Manager.) Declared before me at this day of A. D., 18 . (^Signature of the Justice of the Peace.) No. 20. A.D. 1864. ^^ ^^^ to provide for the Closing of Wells upon Unenclosed - Lands in Yancouver Island and its Dependencies. llih July, 1864.] IITHEREAS it is expedient to provide means whereby the "Wells ' ' upon unenclosed Property may be prevented from imperilling the lives and property of Her Majesty's Subjects: Be it therefore enacted by the Governor, on Her Majesty's behalf, by and with the advice and consent of the Legislative Cotincil and of Assembly of the Colony of Vancouver Island and its Dependencies, as follows : — Open Wells shall be 1- That within thirty days after the passage of this Act, all covered in. persons being owners or lessees of unenclosed property in the Colony of Vancouver Island upon which any open well is situate, shall either enclose the same property with a durable fence, or cover in such open well in a thoroughly safe and permanent manner, and so that the same shall no longer continue dangerous to life and limb. Definition of term 2. An open Well shall, for the purposes of this Act, be deemed open e . to be an artificial sinking into the ground not being a ditch, or drain, or pond, of a depth of more than three feet and not protected by a safe and substantial fence. rompuanci wUh ^^ ^^^* ^"^ ^^""^^"^ Omitting to enclose such property or to cover Act. in such well in such manner as aforesaid, shall be liable to a penalty not exceeding twenty dollars, to be recovered before any 82 t;28 Vict.] Enclosure of Wells. [No. 20.j Justice of the. Peace in a summary manner; and that the said j\^.d. 1864. penalty may be reoovered by distress, and in default of a sufficient distress, by imprisonment for a period of not more than one week. 4. That the Mayor and Council may employ such person as they in cases of default, may select to cover in any unclosed wells situated within the ^^y ;„ the City of Municipal limits of the Citv of Victoria, and on the property of any 1!''*°"* '^°''" '° '^ " ' r c J J Wells, and recover person absent from the Colony or neglecting to enclose such costs thereof, property or close in such open well, and may recover the reasonable amount of the expenses in that behalf, from the person on whose property the same is situated, by an order of a Justice of the Peace. 5. That the Surveyor General of Vancouver Island and its Depen- Surveyor General dencies, may employ such person as he may select to cover in any ™Y ^^^^f ^^^ Y^^^ ' •! r J r .... „. *o "6 performed in unclosed well situate beyond the Municipal limits of the City of certain cases, and Victoria, and on the property of any person absent from the Colony ^^"=°^^'' <=°^'^ * *"" or neglecting to enclose such property, or close in such open well, and may recover the reasonable amount of the expenditure in that behalf, from the person on whose property the same is situate, on a like order. 6. That in the event of the said penalty remaining unrecovered Penalty how re- for the space of twenty-four hours after the order of ^the Justice, '^°^®'^* ^■ the amount of the penalty shall be deemed to be a charge within the meaning of the Act intituled "The Land Eegistry Act, 1860," upon the Real Estate on which such wells is situate; and the Sur- veyor General is hereby authorized and required to Register the order in that behalf, as a charge against such Eeal Estate, on the books of the Registrar General of Titles of Eeal Estate in Van- couver Island and its Dependencies. 7. Every Justice of the Peace shall, within twelve hours from Order for penalty the time in which such order is made, transmit the same order to *° ^^ registered, the Surveyor General or Mayor and Council as the case may- require; and the said Surveyor General and Mayor and Council are hereby required to Register the same within the space of twelve hours from the receipt of the same. 8. IsTo fees shall be taken by the Registrar General on the Regis- Fees for registering tration of an order on behalf of the said "Mayor and Council, but "'^'^^'^ *° ^® ^'^''^'^ *° " penalty. the same shall be added to the amount of the charge so Registered, in addition to the amount mentioned in the order. 9. The Eegistrar is hereby authorized to cancel any such Eegis- cancellation of tered charge upon satisfactory evidence that the same has been registered charge, satisfied, duly verified by a Justice of the Peace for the particular district, in manner directed by the Fortieth Section of "The Land Eegistry Act, 1860." The amount so paid in satisfaction of such „. Eegistered charges shall be paid over by the Justice of the Peace aity when recovered so recovering the same, to the Treasurer of Vancouver Island and its Dependencies ; if the same has been paid in respect of an open 83 |lTo. 21.] TeUgrwph Regulation. [28 Vict.] A.D. 1864. ■well in the rural districts of Vancouver Island for the use of Her Majesty, Her heirs and successors, and in the event of the same being paid in, in respect of an open well within the Municipal limits, the same amount shall be paid over to the Mayor and Council. No. 21. A D. 1864, -^^ ^c* f*^^ ^'^ Regulation of Electric Telegraphs within the — Colony of Vancouver Island, and to secure Secrecy and Fidelity in the Transmission of Telegraphic Messages. \lth July, 1864,] WHE'REAS Telegraph Lines are about to be constructed, and Telegraph Offices established, within the Colony of Vancou- ver Island: And whereas it is expedient that the business of sending des- patches by Telegraph should be regulated by Law: Be it therefore enacted by His Excellency the Governor, by and with the advice and consent of the Legislative Council and Assem- bly of Vancouver Island and its Dependencies, as follows : — _, , 1, If any Officer, Agent, Operator, Clerk, or Employe of any divulge contents of Telegraph Company, or any other person, shall wilfully divulge to any other person than the party from whom the same was received, or to whom the same is addressed, or his Agent or Attorney, any message received, or sent, or intended to be sent over any Tele- graph line ; or the contents, substance, purport, effect, or meaning of any such message, or any part thereof; or shall wilfully alter any ing'of same. such message, by adding thereto or omitting therefrom any word or words, figure or figures, so as to materially change the sense, purport, or meaning of such message, to the injury of the person sending or desiring to send the same, or to whom the same was directed, the person so offending shall be deemed guilty of a mis- Penalty, demeanor, and shall be punished by fine not to exceed one thousand dollars, or imprisonment not to exceed one year, or by both such fine and imprisonment, in the discretion of the Court or Magistrate having jurisdiction in the matter; provided, that when numerals or words of numbers occur in any message, the Operator or Clerk sending or receiving may express the same in words or figures, or in both words and figures, and such fact shall not be deemed an alteration of the message, nor in any manner affect its genuineness, force, or validity. 84 May not alter mean- .[28 VicT.] telegraph ttegutatioltii PTo; 21.] 2. If any Agent, Operator, or Employe in &,hy Teiegrapli Office, a.D. 1864. or any other person, shall knowingly and wilfully send by Tele* May notl^d forged graph, to any person or persons, any false or forged message, messages, purporting to be from such Telegraph Office, or from any other person ; or shall wilfully deliver or cause to be delivered to any person any such message, falsely purporting to have been received by Telegraph; or if any person or persons shall furnish or conspire to furnish, or cause to be furnished, to any such Agent, Operator, or Employe, to be sent by Telegraph, or to be delivered, any such message, knowing the same to be false or forged, vsdth the intent to deceive, injure, or defraud any individual, partnership,, or corpo- ration, or the public, the person or persons so offending shall be deemed guilty of a misdemeanor, and shall be punished by fine not to exceed one thousand dollars, or imprisonment not to exceed one Penalty, year, or by both such fine and imprisonment, in the discretion of the Court or Magistrate having jurisdiction in the case. 3. If any Agent, Operator, or Employe in any Telegraph Office, May not appropriate shall in any way use or appropriate any information derived by him information. from any private message or messages passing through his hands, and addressed to any other person or persons, or in any other man- ner acquired by him by reason of his trust as sUch Agent, Operator, or Employe ; or shall trade or speculate upon any such information so obtained, or in any manner turn or attempt to turn the same to his own account, profit, or advantage, the person so offending shall be deemed guilty of a misdemeanor, and shall be punished by fine not to exceed one thousand dollars, or by imprisonment not to penalty. exceed one year, or by both such fine and imprisonment, in the discretion of the Court or Magistrate having jurisdiction in the case, and shall also be liable in treble damages, to the party aggrieved, for all loss or injury sustained by reason of such wrongful act. 4. If any Agent, Operator, or Employe in any Telegraph Office, May not neglect to shall unreasonably and wilfully refuse or neglect to send any send messages, message received at such office for transmission, or shall unreason- ably and wilfully postpone the same out of its order, or shall unreasonably and wilfully refuse or neglect to deliver any message received by Telegraph, the person so offending shall be deemed guilty of a misdemeanor, and may be punished by fine not to exceed five hundred dollars, or imprisonment not to exceed six Penalty. months, or by both such fine and imprisonment, in the discretion of the Court or Magistrate having jurisdiction. Provided, that proviso, nothing herein contained shall be construed to require any message to be received, transmitted, or delivered, unless the charges thereon shall have been paid or tendered, nor to require the sending, receiving, or delivery of any message counselling, aiding, abetting, or encouraging treason against the Grovernment, or other resistance to lawful authority; or any message calculated to instigate or further any fraudulent plan or purpose, or to instigate or encourage 85 [ITo. 21.] Telegraph Regulation. [28 Vict.] A.D. 1864, t^6 perpetration of any unlawful act, or to facilitate the escape of — any criminal or person accused of crime. Unauthorized per- 5. If any person not connected with any Telegraph Office shall, seafed meseaJ'es"^^** without the authority or consent of the person or persons to whom the same may be directed, wilfully and unlawfully open any sealed envelope, enclosing a telegraphic message, and addressed to any other person or persons, with the purpose of learning the contents of such message, or shall fraudulently represent any other person or persons, and thereby procure to be delivered to himself any telegraphic message addressed to such other person or persons, with the intent to use, destroy, or detain the same from the person or persons entitled to receive such message, the person so offending shall be deemed guilty of a misdemeanor, and shall be punished Pg^^j^ by fine not to exceed one thousand dollars, or imprisonment not to exceed one year, or by both such fiiie and imprisonment, in the discretion of the Court or Magistrate having jurisdiction. p^ ^ 6. Ifanyjierson not connected with any Telegraph Company pioyes may not shall, liy means of any machine, instrument, or contrivance, or in teiegraphio'info^ina" ^ny other manner, wilfully and fraudulently read or attempt to read tioi- any message, or to learn the contents thereof, whilst the same is being sent over any Telegraph line, or shall wilfully and fraudu- lently, or clandestinely learn, or attempt to learn, the contents or meaning of any message while the same is in any Telegraph Office, or is being received thereat, or sent therefrom, or shall use or attempt to use, or communicate to others, any information so obtained by any person, the person so offending shall be deemed guilty of a misdemeanor, and shall be punished by fine not exceed- Penaity. iiig One thousand dollars, or imprisonment not to exceed one year, or by both such fine and imprisonment, in the discretion of the Court or Magistrate having jurisdiction. May not attempt to '^ ' ^^ ^^^ V^^mxi shall, by the payment or promise of any bribe, procure information inducement. Or reward, procure or attempt to procure any Tele- y Ti-i ry. graph Agent, Operator, or Employe to disclose any private message, or the contents, purport, substance, or meaning thereof, or shall offer to any such Agent, Operator, or Employe, any bribe, compen- sation, or reward for the disclosure of any private information received by him by reason of his trust as such Agent, Operator, or Employe, or shall use or attempt to use any such information so obtained, the person so offending shall be deemed guilty of a misdemeanor, and shall be punished by fine not to exceed one Penalty, thousand dollars, or imprisonment not to exceed one year, or by both such fine and imprisonment, in the discretion of the Court or Magistrate having jurisdiction. May not obstruct or 8. If any person shall wilfully or maliciously cut, break, or injure Telegraph throw down any telegraph pole, or any tree or other material used in any Telegraph line, or shall wilfully or maliciously 86 [28 VicT.J Telegraph HeguMoh, ^0. 41.] break, displace, or injure any insulator iu Use in any Telegraph A.D. 1864. line; or shall wilfully or maliciously cut, break, or remove ' from its insulators any wire used as a Telegraph line ; or shall wilfully or maliciously . break, molest, or injure any sub- marine cable used or intended to be used in any Telegraph line; or shall, by the attachment of a ground wire, or by any other contrivance, wilfully destroy the insulation of such Telegraph line, or interrupt the transmission of the electric current through the same; or shall in any other manner wilfully destroy, injure, or molest any property or materials appertaining to any Telegraph line; or shall wilfully interfere with the use of any Telegraph line; or obstruct or postpone the transmission of any message over the same; or procure or advise any such injury, interference, or obstruction ; the person so offending shall be deemed guilty of a misdemeanor, and be liable to conviction before any Justice oi* Justices of the Peace, and shall be punished by fine not to exceed five hundred dollars (|500), or imprisonment not to exceed six months, or by both such fine and imprisonment in the discretion of the said Justice or Justices; and shall moreover be liable to thfe Telegraphic Company whose property is injured in the amount of all loss and damage sustained by reason of such wrongful act. 9. Any person offending against the provisions of Sections 1, 2^ qj^jj ^^^{g^ f^^, 4, 6, or 7, of this Act shall, in addition to the penalties thef ein pre- damages prorided scribed, be liable in a civil action to the party injured for all d^.mage occasioned thereby. 10. All Operators of any Telegraph Company, whilst employed Employes exempt in the ofiices of the said Company or along the route of its Tele- y'roTjury'duty! graph lines, shall be exempt from militia duty and from serving on juries, and from any fine or penalty for the neglect thereof. 11. Contracts made by Telegraph shall be deemed to be contracts Contracts by tele^ in writing, and all communications sent by Telegraph and signed tracts in*writingi°''' by the person or persons sending the same, or by his or their authority, shall be held and deemed to be communications in writing. 12. "Whenever any notice, information, or intelligence, Written or Noticfe by 'Telegraph otherwise, is required to be given, the same may be giVen by ='<^*"^l notice. Telegraph, provided that the despatch containing the same be delivered to the person entitled thereto, or to his Agent ol* Attorney, such notice by Telegraph shall be deemed actual notice. V6. It shall be the duty of any Telegraph Company doing busi- ^egXn^il" ^^^% ness in this Colony to transmit all despatches in the order in which order as received, they are received, under a penalty of five hundred dollars, to be recovered with costs of suit by the person or persons whose despatch is postponed out of its order ; provided, that communications to Proviso, and from public offices, on official business, shall have precedence 87. [No. 22.] Fireman's Amendment. [28 Vict.] A.D. 1864. over all other communications ; and, provided also, that intelligence of general and public interest may be transmitted for publication out of its order. Jurisdiction confer- 14. Any act declared to be a misdemeanor under the provisions red upon Justices of of this Act, may he tried before two or more Justices of the Peace, diary ^Magi°strate! "^ Or a Stipendiary Magistrate in said Colony, and said Justices or Stipendiary Magistrates are hereby authorized to deal with each case summarily, or to commit the offender for trial. 15. This Act may be cited as " The Telegraph' Regulation Act, itle. ^gg^^„ AD. 1864. An Act to alter Act, 1S61." No. 22. and amend. "The Fireman's Protection After passing of this Act, whole of the apparatus, &c.,to belong to Fire De- partment, subject to order and control of Mayor and Corpora- tion. Active Members of Fire Companies to be exempt from du- ties as Jurymen, other than those of Coroner's Inquests. Proviso. \yth July, 1864. WHEREAS it is expedient to alter and amend " The Fireman's Protection Act, 1861:" Be it therefore enacted by the Governor, on Her Majesty's behalf, by and with the advice and consent of the Legislative Council and House of Assembly of Vancouver Island and its Dependencies, as follows: — 1. That from and after the passing of this Act, the whole of the apparatus, whether engine, hose, hooks, ladders, or other articles used with, or belonging to, or in any way appertaining to the Fire Department of the City of Victoria, organized under and by virtue of an Act of the Legislature of the Colony of Vancouver Island, shall be deemed for the purposes of this Act to be the property of the Victoria Fire Department, subject to the order and control of the Mayor and Corporation of the City of Victoria. 2. That from and after the passing of this Act, the active mem- bers of any Fire Company regularly attached to the Fire Depart- ment of the City of Victoria, as hereinafter defined, shall be exempt from all Jury duty other than that of Coroner's Inquests; provided^ however, that nothing contained in this Section shall be taken or deemed to apply to other Fire Companies than those now existing and commonly known as " The Union Hook and Ladder Company ISTo. 1," " The Deluge Engine Company No. 1." and " The Tiger Engine Company No. 2;" and such exemptions from Jury duty shall not extend to more than sixty-five active members in each Company as aforesaid. 88 [28 Vict.] IsraeUies* Incorpofdion, [No. 23.] 3. That it shall be the duty of each person claiming exemption A.D. 1864. from Jury duty under this Act, 1o produce to the Sheriff or Officer _. ~~r . •' •' \ '■ , . n . . Persons claiming eX'' serving a Jury Summons a Certificate of his active membership in emption under this the Fire Department and Company to which he is attached, signed fertificate''o°ractive by the Chief Engineer and the Secretary of the Fire Department, membership to pro- ^ J. . pgj. ojgger. 4. That it shall be the duty of the Foreman of every Company, on Foreman of every the third Monday of January, April, July, and October, in each Tyritt^nTisUo Sher- and every year, to deliver a written list to the Sheriff or iff <" other Officer person discharging the duties of Sheriff' for the time being, of all bers entitled to active members entitled to the benefit of this Act, and in default iienefitof Act. thereof he shall be liable to a fine not exceeding one hundred dollars, to be recovered in a summary manner before any Magis- trate or Justice of the Peace in and for the City of Victoria. 5. Any person giving or using a false certificate, or certificate Persona giving or which has expired, or making a fraudulent return under this Act, "ate^&c^^on c'cmvic- shall upon conviction thereof before any Justice of the Peace, be tion, liable to fine; liable to a fine not exceeding one hundred dollars, to be recovered Imprisonment with in a summary way before any Magistrate or Justice of the Peace in ?^ without hard la- and for the City of Victoria, or in default be imprisoned, with or without hard labour, for a period not exceeding one month. 6. Provided, always, that no person liable by Law to serve as a piremen not to be Juror shall be excluded from servinsr as such Juror by reason of ^^^luded from Ju- being a Fireman entitled to exemption under this Act. 7. This Act may be- cited for all purposes as " The Fireman's short Title Act, 1864." No. 23. An Act to Incorporate the Israelite Congregation named " The a.D. 1864, Enaanuel of Victoria, Vancouver Island." — [7ih July, 1864.] TT/HEREAS a Congregation of Israelites of the City of Victoria TT being desirous of fulfilling the Ordinances of their Eeligion, ' have formed themselves into a Congregation under the stvle of " The Emanuel of Victoria, Vancouver Island," and have established certain Rules and Articles embodied in Articles of Constitution for their Government: Be it therefore enacted by the Governor, on Her Majesty'^ behalf, by and with the consent and advice of the Legislative Council and Assembly of Vancouver Island and its Dependencies, as follows : — [No. SSj Israelites' Incorporation. [28 Vict.] A.D. 1864. 1- That the existing Members of the said Congregation, and all , such Persons as from time to time hereafter may become the Mem- Inoorporation of the . . Congregation Eman- bers of the same according to the Articles of Constitution aforesaid, "^'" or any Articles of Constitution for the time being in force, under the said Constitution, shall be a body politic and corporate in Deed and in Law, by the name of "The Emanuel of Victoria, Vancouver Island," for carrying into effect the fulfilment of the Ordinances of the Israelitish persuasion according to the orthodox order, and shall for all legal purposes be known by such appellation, and shall have a Corporate Seal, with the name of the said Corporation imprinted thereon, in the words following: "The Emanuel of Victoria, Vancouver Island," and shall be governed by such Articles of Constitutioii as may be for the time subsisting by virtue of the' said Constitution. . . ■ ^ „ 2. That a copy of the Articles of Constitution aforesaid, shall be Articlea of Consti- • t n tution, &c., to be deposited with the Colonial Secretary, verified by the President and deposited. Seci^etary of the said Congregation, within fourteen days from the ' passage of this Act, and that a copy of any resolution in anywise . altering or repealing any of'the provisions of the said Constitution, and verified in manner aforesaid, shall be likewise deposited with said Colonial Secretary, within the time aforesaid. Powers of the Cor- ^- ^hat the said body corporate shall have and enjoy all such poration. rights, powers, and privileges, as by Common or Statute Law, or in Equity, appertain and relate to a Corporation aggregate. Eight of holding and ^" " "^^^ Emanuel of Victoria, Vancouver Island," from and after recovering securi- the passage of this Act, shall be capable of holding, taking, and receiving, in its Corporate name, all moneys, bonds, notes, mort- gages, and other securities in which any portion of the funds of the Congregation may be from time to time invested, and shall sue and be sued in its Corporate name. 5. The contracts or deeds of the Corporation may be made as Corporation. """ foUows: Any contract, agreement, or deed, which, if made between private persons, would be by Law required to be in writing, and if made according to English Law, to be under seal, may be made on behalf of the Corporation in writing, under the Corporate seal of the Congregation, and such contract may be in the same manner varied and discharged: Any contract, which if SeZ""""' """" made by private persons, would be by Law required to be in writing, and signed by the parties to be charged therewith, may be made on behalf of the said Corporation in writing, signed by the President, and countersigned by the Secretary, and such contract may in such manner be varied or discharged: Any contract, which Contracts required -j? j i . • , . by Law to be in " ™^^® between private parties, would by Law be valid, and writing. although by parol only and not reduced into writing, may be made on parol on behalf of the said Corporation, by any person acting under the expressed or implied authority of the said Congregation, and such contract may be in the same way varied or discharged. 90 . o ; ties in the corporate name Contracts of the Contracts under Parol Contracts. [30 Vict.] Temporary Loan. \^Q. 24.J 6. The seal of the said Corporation shall be attached to all Instru- A-D. 1864 merits requiring the attachment of the said seal, by the Secretary 7 of the said Corporation, upon the production of a resolution of the passage of a resoiu- Board of Officers directing the same. Im^t^ ^°"^ °^ 1. The Board of Officers of the said Corporation shall give full Receipts of the and effectual receipts and discharges on behalf of thd said Corpo- ^°^^^ °^ Ofaoers. ration, and shall sign all contracts required to be in writing as aforesaid, upon the passage of a resolation of the said Board approving the same. Any person may be authorized by a resolution of the said Board of Officers to enter into, and accept by parol, any contract v?hich by Law would be valid without writing, upon the passage of a resolution of the said Board of Officers in that behalf. .8. That it shall be lawful for the said Body Corporate, in its Power tp hold Real Corporate name, at all times hereafter, notwithstanding the Statutes of Mortmain, or any other Statutes or Laws to the contrary, to purchase, acquire, have, take, hold, receive, and enjoy, to them and their successors in perpetuity, or for any lives or terms of years, or other estate, any messuages, buildings, lands, tenements, privileges, easements, and other hereditaments, of whatever nature or kind soever, which may be necessary and proper for carrying out the objects and purposes of the said Body Corporate, or which may be granted to the said Corporation in manner by Law prescribed. 9. That the said " Emanuel of Victoria, Vancouver Island," may, power to raise mo- in its corporate capacity, sell, mortgage, lease, or otherwise dispose ney on mortgage, or of the Synagogue used for their religious purposes, and the site thereof, and any other land or hereditaments which they may here- after acquire in the corporate name, and under the Corporate Seal may raise such sum or sums of money as may be found necessary and convenient for discharging the liabilities of the said Corpora- tion, or for the improvement of the property of the said Corpora- tion, or for any other purpose which may be approved by a general meeting, provided for by the said Articles of Constitution. 10. That this Act may be cited as " The Congregation of Short Title. Emanuel of Victoria Licorporation Act, 1864." No, 24. An Act to enable the Governor of Vancouver Island to borrow a.D. 1866. the sum of Ninety Thousand Dollars, upon the security of the General Eevenue of the Colony. \12th July, 1866.] TXTHEREAS it is expedient to borrow certain sums of money, not exceeding in the whole the sum of Ninety Thousand Dollars : 91 [Ko. 24.] Temporary Loan. [30 Vict.] A D. 1866. Be it therefore enacted by tlie Governor of the Colony of " — Vancouver Island and its Dependencies, by and with the advice and consent of the Legisktiv e Council and Assembly thereof, as follows : — 1. It shall be lawful for the Governor of the said Colony to Debentures!" '^^"^ ^ause to be made out and issued, Debentures secured upon the General Eevenue of the said Colony, for a sum or sums of money not exceeding iu the whole Ifinety Thousand Dollars. Rate of interest and 2. All Debentures made out and issued under this Act shall time of redemption i^g^r interest at the rate of twelve dollars per centum per annum, payable half-yearly, and shall be redeemable and redeemed at the expiration of the following periods, that is to say, as to an aniount equal to Twenty Thousand Dollars on the thirty -first day of Decem- ber, anno domini one thousand eight hundred and sixty-six; as to a further amount equal to Thirty Thousand Dollars, on the thirty- first day of December, anno domini one thousand eight hundred and sixty-seven ; and as to the remainder, on the thirty-first day of December, one thousand eight hundred and sixty-eight. For what amount. ^- Every Debenture shall be for any sum not less than One Hundred Dollars, which the said Governor shall determine, and shall be payable, together with interest thereon, at the Treasury of the said Colony. Form of Debentures, 4. All Debentures made out and issued under this Act shall be and upon what fund according to the form set forth in the Schedule to this Act annexed, chargeable, with . ° . . ' what pxception. and shall bear date on the day of the issuing thereof, and shall be numbered in regular arithmetical progression, commencing with the number one, and all such Debentures so issued shall be entered by the Auditor of the Colony, in a register to be called the "Debenture Kegister, 1866," and such Debentures shall be deemed a charge upon the General Revenue of the Colony, subject always to the "Vancouver Island Road and Harbour Loan Act, 1862," and to such other existing charges as are now by Law imposed. Governor to autho- 5. It is further enacted that the Governor shall authorize the rlze Treasurer to Treasurer to pay the said Debentures, and the interest thereon, out pay Debentures out of General Revenue of the General Revenue of the Colony, when such Debentures and interest shall have fallen due, subject, always, to the charges on the Genera] Revenue hereinbefore enumerated in the last preceding Section. Transfer of Deben- 6. The Debentures as afoi'esaid, and the interest which may have *'"^®^- accrued thereon, shall be payable to the holder or bearer of such Debentures, and such Debentures may pass by delivery only, and without any assignment or endorsement ; and the holder of every such Debenture for the time being shall have the same rights and remedies as if he were expressly named thereon. 92 Offencea. [30 Vict.] Tempcfrary Loan. [No. 24.] 7. Any person -who shall forge or alter, or wto shall offer, utter, a.D. 1866. or dispose of, or put off, knowing tlie^same to be forged or altered, any Debenture purporting to be made out and issued under this Act, shall be guilty of felony, and being thereof convicted shall be imprisoned for any period not exceeding three years, with or with- out hard labour, at the discretion of the Judge before whom any such person shall be tried and convicted. 8. It shall be lawful for the said Governor at any time to author- Governor may au- ize the Treasurer to re-purchase any Debenture made out and of Debentures, issued under this Act, and all Debentures so re-purchased shall be forthwith cancelled and destroyed, and no re-issue of Debentures shall be made in consequence of such purchase and destruction. 9. The proceeds of the sale of the said Debentures shall be paid Application of pro- ceeds of the Debentures. into the General Revenue, for the use of Her Majesty, Her heirs '^^^^^ °^^^® ^^^® °^ and successors. 10. This Act may be cited for a,ll purposes as '.' The Temporary Short Title. Loan Act, 1866." SCHEDULE. Form of Dbbentueb. Government of Vancouver Island. Under the authority of " The Temforary Loan Act, 1866." This Debenture entitles the bearer to Dollars on the 31st day of December, A. D. 18 , which sum, together with the interest thereon, at and after the rate of twelve per cent, per annum, is secured on the General Eevenue of the Colony of Vancouver Island. Dated the day of A.D. 18 . Treaswrer. Countersigned, Colonial Secretary. Entered in Debenture Register, Auditor. 93 pro. 25.] Debtors' Belief . [30 Vict.] No. 25. A.D. 1866. An Act to amend the Law of Arrest and Imprisonment for Debt. [21st August, 1866.] WHEREAS it is expedient to amend the Law of Arrest and imprisonment for Debt : Be it therefore enacted by the Governor of the Colony of Vancouver Island and its Dependencies, by and with the advice and consent of the Legislative Council and Assembly thereof, as follows : — On granting of -writs 1. From and after the passing of this Act, on the granting of Court' may °?eqube ^"^ "^^^^ of Capias ad respondendum, or ne exeat regno, it shall be security from dama- lawful for the Judge Ordering the issue oi such Writ, at his discre- ges consequent on ,. , . •,,-,■ ■, ,-, -r^-, • .■ nr . .-, . „ arrest. tion, to require security to be given by the Plaintiff to the satisfac- tion of such Judge, to pay to the Defendant the costs and damages consequent on arrest under such order, should the Plaintiff have obtained such order without reasonable and probable cause. Noca.sa. or process 2. !N"o Writ of Capias ad satisfaciendum, or Process against the to^'^issue!'' unless"'' ^^^ ^^'^^^'^ ^^ ^^^^ 0^ ill Equity, for the payment of any sum of Judgment Debtor Is o!' money or costs shall issue except on proof to the satisfaction of about to leave the ^, -^ ^ -,. ,i. n. Colony. the Judge ordering the issue of the same, that the Judgment Debtor is about to leave the said Colony. Person arrested on 3. Any person arrested by virtue of any Writ of Capias ad satis- pe^sormtl^re from faciendum, or Process against the person, at Law or in Equity, for time to time dis- the payment of any sum of money or costs, shall be from time to charged; on security . -. , being given for the time discharged, on good security bein^ given, to the satisfaction t^o''time^I-a"est"d "f the Court, that the Judgment Debtor will not leave the said if security fail. Colony before the Judgment Debt and costs duly incurred shall be paid, or until such Debtor shall be otherwise discharged from the payment thereof in due form of Law; and such Judgment Debtor shall be from time to time liable to be re-arrested on proof to a Judge, having authority to grant such Writs of Capias ad satifaci- endum, or Process as aforesaid, that the security given by such Judgment Debtor has ceased to be a continuing, sufficient, aud available security. Judgment Creditor 4. And whercas by Section 40, and subsequent Sections of "The Sent^Debtor "suml Bankruptcy Act, 1862," it is enacted that every Judgment Credi- tor who is or shall be entitled to sue out against his Debtor a Writ of Capias ad satisfaciendum, or to charge his Debtor in Execution, ; shall be entitled to sue out a Judgment Debtor Summons in man- ner therein mentioned. And whereas it is expedient to extend the remedies given in favour of Judgment Creditors: Be it enacted, 94 mons. [30 Vict.] Coroner's Jury. [Eo. 26.] that any person having obtained a Judgment Order or Decree for A.D. 1866. the payment of money or costs against any person, shall he entitled to slie out a Judgment Debtor Summons, in manner and form as the same is now directed to be sued out by the said last mentioned Act ; and such Creditor shall be entitled to sue out such Judgment Debtor Summons independently of, and in addition to, any Writ of > Execution against the goods and lands of any Debtor. 5. This Act may be cited for all purposes as the " Debtors' short Title. Eelief Act, 1866." No. 26. ' , An Act to regulate the Number of Persons required to form A.D. 1866. a Coroner's Jury in Vancouver Island and its Dependencies. [21st August, 1866.] WHEREAS it is expedient to regulate the number of persons required to form a Coroner's Jury in the Colony of Vancou- ver Island and its Dependencies : Be it therefore enacted by the Governor of the said Colony, by and with the advice and consent of the Legislative Council and Assembly thereof, as follows : — 1. Whenever it shall be necessary for any Coroner to hold an verdict of Jury of Inquisition, such Coroner shall empannel a Jury of not less than ?j^' as effectual as six for the purposes of such Inquisition; and such Jury shall have the same powers and perform the same duties as a Coroner's Jury of twelve, or more ; and the verdict of any such Jury of not less than six, shall be to all intents and purposes as effectual as if found by a Jury consisting of twelve, or more. 2. This Act may be cited as " The Coroner's Jury Act, 1866." gjjj,^ -fitie. LAWS OF THE FOflMERLY SEPARATE COLONY OF BRITISH COLUMBIA. No. 27. COUET OF BEITISH COLUMBIA. ^p jgSS. OEDER OF COUET. WHEREAS, by a Proclamation under tlie Public Seal of the said Vide Nos. 47 & 81, Colony, issued at Victoria, V. L, the 24tb day of December, I, Matthew Baillie Begbib, Judge in the said Court, am author- ized, while resident in Victoria, Vancouver Island, to make General Eules and Orders of Court, in the same manner and of the same force and validity as if I were resident in British Columbia : [1. It is Ordered, That aU the Rules and Orders of Gov/rt of the Supreme Court of Civil Justice of Vancouver Island, of the 12th day of Fehruarif, 1857, as altered and modified iy the General Rule or Order of the 26th of April, 1858, shall be observed in Civil Proceedings in the Court of British Columbia, so far as the same are from local and other circwmstahces appli- cable, a/nd so far as the same are not discharged, modified, or altered by this or some future Order or Rule of Oowt. 2. Whenever the town of Victoria is named in the said General Orders of the I'ith February, 1857, and the 26th of4pril, 1858, as the place^at which any act is to be done, or any address to he fixed, the name of Lamgley shall be ^vkstituted for Victoria. , ^ 9T [No. 27.] Orckr of Court. [22 Vict.] A.D. 1858. 2- Sessions of the Court for the trial of all causes, civil and criminal, wiU he held four times in each year, commencing on the last Monday in January, the last Monday in April, the last Monday in June, and the last Monday in October in every year. 4. The same fees, poundage, and perquisites shall he levied and paid on aU proceedings, enrolments, and acts whatever in this Court, as are now of custom, or otherwise levied and paid on the like proceedings, enrolments, and acts in the said Suprhme Court of Justice in Vancouver Island ; and all such fees, pomvd- age, and perquisites shall he applied in the same manner and proportions as in the Court of Vancouver Island mutatis mutamdis. 5. There may he enrolled as Barristers of the said Court : — Ist. Any person who has been called or is qualified to be called to practise at the English or Irish Bar, or as an Advocate in Scotland, or who has taken the Degree of Doctor of Daws at any University in the United Kingdom. 2nd. Any person who may he instructed within the Colonies of British Columbia or Vancouver Island in the knowledge and practice of the Daw by any practising Barrister of the said Court, subject to such regulations as may hereafter be by Daw established within the Colony in relation to persons so to be instructed. 6. There may be enrolled as Attorneys and Solicitors of the said Court: — 1st. All persons entitled to practise as Attorneys, Solicitors, or Proctors in any of Her Majesty'' s Courts in England or Ireland, or as Writers to the Signet, or Solicitors to the Supreme Courts in Scotland. 2nd. All persons who may be instructed within the said Colonies of British Columbia or Vancouver Island, in the knowledge and practice of the law by any practising Solicitor and Attorney of the said Court, subject, nevertheless, to any regulations which may hereafter be by Daw estab- lished in relation to persons so to be instructed. And whereas there is at present only one person in Victoria qualified to act as a Barrister in a Court of Daw in England, and there is no other person resident in either of the said two Colonies qualified to act either as a Barrister, Attorney, Solicitor, or Proctor in England or Ireland, or as an Advocate, Writer to the Signet, or Solicitor to the Supreme Courts in Scotland, and it would be convenient to suitors, and expedient for the satisfactory administration ofjusiise, that a larger number of persons should be admitted to appear and act as of Counsel for litigants and accused persons, and it is expedient to make temporary provision for a supply of such Counsel, I do further order as follows, viz. : — 7. There may be enrolled on a temporary roll, as Attorneys and ^Solicitors of this Court, all such persons of good repute, learning, and discretion, as are en- titled to practise either as a Barrister, Attorney, or Solicitor : — 1st. In the Courts of Justice in Guernsey, Jersey, or in any other part of Ser Majesty's Dominions not being within the United Kindom ; or, 2nd. In the Supreme Courts of the United States of North America. But no temporary enrolment under this present Order shall continue in force after the 30"i^ Alter repayment of ment upon the said Tolls, whether for advances, loans, or otherwise, adv^mces, &o., all have been fully paid and satisfied from Tolls collected, repayment lonlractor' fr/^fs of advances, redemption, resumption, or forfeiture, the whole of °^" "^^' ^°^j^°* *o repairs and out- 123 goings. P^o. 37.] LillooetrAleocandria Road Toll. [26 Vict.] A.D. 1862. tli6 Tolls to be thenceforth levied, assessed, and collected under the provisions of this Act, shall be levied, assessed, and collected by and for the benefit of the said Grustavus Blin "Wright, his execu- tors, administrators, and assigns, for such portion of the term of five years, from the first day of September, A. D. one thousand eight hundred and sixty-two, as shall then be subsisting and unde- termined under any of the provisions and conditions of the said agreement; subject, nevertheless, to the payment thereout by the said Grustavjis Blin Wright, his executors, administrators, or assigns, and when and so often as the same shall be required by the said Chief Commissioner, of the costs of all repairs, deviations, inspec- tions, and improvements hereinbefore mentioned or referred to. Power of redemp- 10- Provided, always, and notwithstanding anything hereinbefore *'""• contained, that it shall be lawful for the said Government, astany time within 18 calendar months from the date of this Act, to redeem the said road and the privileges here conferred, or to be conferred, at a price not less than thirty-two thousand pounds sterling, nor greater than forty-two thousand pounds sterling, to be fixed by such one arbitrator as shall be mutually agreed upon by the said Gustavus Blin "Wright, his executors, administrators, or assigns, and the said Chief Commissioner of Lands and "Works, for the timC' being, within one calendar month after the publication of any notice, or by order of the said Chief Commissioner of Lands and "Works; and in case they cannot agree upon such single arbitrator, or in case from any cause whatsoever, and whether before or after the appointment of such single arbitrator, at any time during the progress of the proposed arbitration, or preliminaries thereto, there shall appear to the said Chief Commissioner to be any delay or difficulty in carrying on the same, then at such price between the said lijnits as the said Chief Commissioner shall, for the time being, within three calendar months of the said notice, specify by any other notice, such decision to be final in all respects, at Law and in Equity; and the amount or price so finally fixed, less the amount then remaining due and unpaid to the said Government on account of the advances and expenses aforesaid, shall, within two calendar months next after such decision, be paid over by the said Chief Commissioner, upon demand, at the Office of Lands and "Works,^ New Westminster, to the said Gustavus Blin Wright, his executors, administrators, or assigns; and such payment, or in default of such demand, a tender of such sum shall be deemed a discharge in full of all demands by the said Gustavus Blin Wright, his executors, administrators, or assigns; and the loans so guaranteed by Govern- ment, and advances then still due from the said Gustavus Blin Wright, his executors, administrators, or assigns, shall then, as between him or them and the said Government, be considered as paid and cancelled, and any liability then connected therewith shall be borne by the said Government. 124 [26 Vict.] LiUooet-Alexandria Hoad Toll [BTo. 37.] 11. Nothing herein contained shall be construed in any way to a.D. 1862- entitle the said Gustavus Blin Wright, his executors, administrators, g^^. ^^j^^j^ or assigns, to infringe any existing private rights, or any existing existing and future or future public rights. "^ '^' 12. Any person, either directly or indirectly, wilfully evading or Penalty on evasion attempting to evade the payment of any of the Duties or Tolls ° ° ^• hereby imposed, shall for every such offence be fined treble the amount of Toll, or any sum not exceeding one hundred pounds, with or without imprisonment, for any term not exceeding three months, at the discretion of the Magistrate. 13. Any penalty under this Act may be recovered before any How recoverable. Magistrate in British Columbia, in a summary way, and such fines shall be paid into the Treasury of the said Colony as part of the General Eevenue. 14. Every person liable to the payment of Tolls under the pro- Toll permit, visions of this Act, shall obtain a Toll Permit from the person to whom such Tolls shall be payable, and who is hereby directed to issue the same, in such forms, subject to the provisions of this Act, as the said Chief Commissioner shall from time to time in that behalf direct. 15. Every such permit shall be produced upon every demand, to Production oif Toll any person for the time being authorized under this Act to collect P"™**- Tolls on any part of the said road, and shall contain a true state- ment of names of owners, or consignees, and addresses, and desti- nation, number, marks, weights, and contents of every package containing goods or merchandize, liable hereunder to the payment of Toll, and similar particulars, so far as practicable, as to cattle and other dutiable articles. 16. Every notice under the hand of the Chief Commissioner of Notice. Lands and Works for the said Colony for the time being, or other Officer for the time being, appointed in that behalf by the said • Governor, and published in the Government Gazette, or in any newspaper circulating in the said Colony, shall, in every case where notice is required under the provisions of this Act, be deemed to be good and sufficient notice for all purposes whatsoever, both at Law and in Equity. 17. This Act may be cited for all purposes as " The Lillooet- ^^J.^ ^.^jg Alexandria Road Toll Act, 1862." 125 See No. 40, w [No. 38.] Lytton-Alexandria Road Toll [26 Vict.] No. 38. A.D. 1862. Proclamation by His Excellency James Douglas, Companion of the Most Honourable Order of the Bath, Governor and Coinmander-in- Chief of British Columbia and its Depen- dencies, Vice- Admiral of the same, &c., &c, [18 authorise the Agents General for the time being for Crown Cdlodies, ot- the said Treasurer of the said Colony for the time being, to re-purchase the said Debentures to the ahiount of such mohieys as thfe said Goveriior tnay, by any Proclamation hereafter to be issued and parsed by him, or Out of the current feevenue of the Colony, aJ)propri'ate for that pilrp6s6, dnd for the Trustees of the said Sinking Fund to niake use thereof^ for the purpose of withdrawing D'ebentut'es from the market by purchase ; and all D'ebentures'so re-purchased shall be forthwith cancelled and destroyed, and no re-issue df Debentures shall be made in consequence of silch purchafefe and destruction. Is, From and after the date of any and every such re-purchase of Debentures as last aforesaid, the amount then payable to ih.& Sinking Ftihd shall be, from time to time, reduced in exact propor- tion to the amount of Debentures for the tinae being retaaiaiiljg unredeemed, and any moneys remaining in the said Sinking Fund, after the loan hereby sanctioned is fully paid and satisfied, shall be forthwith paid over to the Treasurer ,^a!nd accounted for as Gen^i*arl Eevenue. 16, It shall be lawful for any Trustees, Executors, Administra- tors, or Guardians, having the disposition of any trust moneys, to purchase aoy such Debentures, by and out of trust moneys ; and every such purchase shall be, deemed a due investment of such trust moneys, ' 17. It shall not be necessary for the said Colonial Treasurer, Agents General, or any other person, acting for or in behalf of the Government of the said Colony, to notice, or regard, or to enquire into the trust to which any Debentures shall be liable, or the rights or authority of any one being th« actual holder or bearer of any such Debentures as aforesaid, but payment to the actual holder or bearer thereof, or his lawful agent, shall be deemed in all cases due payment, unleps otherwise specially agreed in writing by and under the hand of the Treasurer, Agents General, or other person acting as aforesaid, for the time being entrusted with the sale of sucb Debentures, 18, Any person who shall forge or alter, or shall utter, or dispose of, or put off, knowing the same to be forged or altered, any Bfe^ benture made out and issued under this Act, shall be guilty of 148 [26 Vict.] Loan. D^b. 46.] felony, and being thereof convicted, shall he Imptisctned for any a.D. 1863. period not exceeding three years, with or without hard labour, at — the discretion of the Judge before whom any such person shall be tried and convicted. 19. This Act may be cited as " The British Columbia Loan Act, short Title, 1868.'* SCHEDULE. Poem. A. BeITISB OoliTJMBIA ^OVEENMENT DEBESTtRE. Ko. £ B. d. British Gohmhm Loan Act, 1863, jE5^J,0W. For [ One hundred^ Pounds advanced to IJhe Q-overnment of Briiaeli 'Go^Lum- |)ia, the holder of this Debenture is entitled to receive Interest at the rate of Sis per centum ,per annum, in half-yearly payments, payable at the j[_Offices .of Her Mq^esty's Agents Genm-cdfox Grown, Colonies, in London,, or the Treasmry^ ifew 'Westminster, as. the case may Je] on the 1st , January and 1st July in each year. The said sum of [-One HunAredJ Pounds sterling, widi the interest thereon^ is charged upon and made payable out of the Greneral Eevenue of the Colony ot British Columljia, uhdfer tlie terms of the Britisli Columbia Loan Act, 1863, and the principal will be repaid [m London, at the aforesaid Offices, or at the Treasury, Iteio Weitminster, as the case may &e] at ihe expiration of Twenty (50) Years fl-bm -the ISt day o¥ July, 1863. Signed on behalf of the Government of British Columbia, and in accordance . with the 'provisiotis^of the Act above cited. Eegisteredj \ Agents General for ■1—^ -■ ' j Grown Qolondes. FofiM B. Beitish Columbia. No. Half-year's Interest due [1«< Btmaaify', 1864,] on Bebenture No. , payable at the \Offi,ces of the Agents General for Grown •Golmies, London, or ihe Treasury, New Weitmimter, as ike case nay hel. £ — '^ — 1— ' AgetUs General. iO such CbuponSf'nttmhered from No. 1 i^ytoa/rds, to he attached to each Debenture -Bond. N. B. — The holder or hearer of this Deientwe may cdtertkeplace-dfpay- 149 [No. 46.] Sunday Observance.' [26 Vict.] ment of Pfimcipal and Interest, to the Treasury in New Westminster, or the AD 1863 Offices of the Agents General for Grown Colonies in London, ly giving Six — — Months previous notice in writing, terminating on the \st day of Jamwairy, or \st day of July, at the previous place of payment (the Treasury in New West- minster, or the Offices af the Agents General, aforesaid, for Crown Colonies in London, as the case may he) of his wish to make such alteration, and causing the Officer acting as Treaswrer in New Westminster, or the said Agents General for Crown Colonies in London, as the case may he, to indorse on this Dehentwe a memora/ndum of svich alteration. No. 46. A D 1863 Proclamation by His Excellency James Douglas, Companion — of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of British Columbia, and its Depen- dencies, Vice- Admiral of the same, &c. , &c. \}S,th May, 1863.] WHEREAS, under and by virtue of an Act of Parliament made and passed in the Session of Parliament held in the 21st and 22nd years of the Eeign of Her Majesty Queen Victoria, intituled "An Act to provide for the Government of British Columbia," and by a Commission under the Great Seal of the United Kingdom of Great Britain and Ireland, I, James Douglas, have been appointed Governor of the said Colony, and have been authorized by Procla- mation under the PubUc Seal of the said Colony, to make Laws, Institutions, and Ordinances for the peace,^order, and good govern- ment of the same: And whereas doubts have arisen, whether the Proclamation made and passed on the 19th day of November, A. D. 1858, imports into the said Colony the Laws in force in England for the proper observance of the Lord's Day : And whereas for the better observance of the same it is expedient that all such doubts should be removed; Now, therefore, I do hereby declare, proclaim, and enact as follows: — Declares English ^' '^^^ ^^^ Statutory and otherwise, and the penalties for Sunday Laws in the enforcement thereof, as at present existing and in force in force here. England for the proper observance of the Lord's Day commonly called Sunday, as referred to in the Schedule hereto, shall be deemed and taken to have been included in the Proclamation made and passed on the 19th November, A. D. 1858, and to be of full force and effect in the said Colony, with and under the same 160 [26 Vict.] Legal Professimts. [No. 47.] penalties, mutatis mutandis in all respects as if the said Laws had a.D. 1863, been specially mentioned and enacted in the said Froclamatiou of — the 19th day of November, A. D. 1858. 2. The Schedule hereto shall be deemed part of this Act. Schedale. 3. This Act may be cited as the "Siinday Observance, Act, short Title. 1863." THE SCHEDULE EEFERRED TO BY THE FOREGOING ACT. I. Car. 1, c. 1, so fax as tlie same is applicable to tlie said Colony. 3. Car. 1, c. 1, Do. Do. 29. Car. 2, e. 7, Do. Do. So much of 1 and 2 "William IV. c. 32, s. 3, as forbids the killing or hunting for game on a Sunday or Christmas Day under a penalty of ^five pounds and the costs of conviction. II, and 12, Vict., c. 49, so far as the same is applicable to the said Colony. 13. Vict., c. 23, repealing 27 Hen. 6. c. 5, so fax as the same is applicable to the said Colony. No, 47. Proclamation by His Excellency James Douglas, Companion of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of British Columbia and its Depen- '^** ^°- "^^^ A.D. 1863. W dencies, Vice-Admiral of the same, &c., &q. by no.°81.*° " nSth June, 1863.1 ^'* Oj^der of Coxm- "- ' J cil of 11th Jane, HEEEAS under and by virtue of an Act of Parliament made l^®^; and passed in the session of Parliament held in the 21st and 22nd years of the Reign of Her Majesty Queen Victoria, intituled "An Act to provide for the Government of British Columbia," >^ and by a Commission under the Great Seal of the United Kingdom of Great Britain and Ireland, I, James Douglas, have been appointed Governor of the said Colony, and have been authorized by Proclamation under the Public Seal of the said Colony, to make Laws, Institutions, and Ordinances, for the peace, order, and good government of the same: 151 pfo. 47.] Legal B'ofessUms. [26 Vict.] A D. 186S -^^^ whereas it is expedient to regulate by statute the admission of all persons who ehall be allowed or entitled to practise in the Superior Courts of the said Colony, whether Barristers-at-Law, Attorneys, or otherwise : Now, therefore, I do hereby declare^ pr&claim, and enact, as follows: — Digcharges Orders 1. The Sections numbered respectively 5, 6, 7, 8, 9, and of Court as to ad- ^3^ ^^g^ qq mijch of Section 1, as relates to the admission of Barristers, Attorneys, or Solicitors in this Colony, of the Order of the Court of British Columbia, made and signed by Matthew Baillie Begbie, Esquire, Her Majesty's Judge of the said Court, in pursuance of a Proclamation made and. passed on the 24th day of December, 1858, are hereby discharged and repealed. Provided, nevertheless, that such repeal shall not be construed in any way to affect the position or right -to practise, of any person who at the date of this Act, shall have been duly qualified, admitted, and actually enrolled, and entitled to practise in the Superior Law Oourtsof the Colony, as a Bajrrister-at-Law, Aitoimey, or Solicitor, and shall have continued tio be so qualified _and enrolled at the time of so practising; but every such admission and emiollment jshall have as fiill force and validity asjf this Act had not been passed. Who may be Bar- ^* ^'^0™ ^^^ ^^5®^ '*^® passing of this Aot, every person and no risters. Other (except as hereinbefore excepted) may be admitteii, enrolled and allowed to practise as a Barrister-at-Law, in the Superior Courts of Law in the Colony, who shall be possessed of the quali- fication following, viz : Being a subject of the British Crown, of full age, good conduct and repute. (1.) Who shall have been duly called and admitted to practise as a Barrister-at-Law, or Advocate, in any of Her Majesty's Superior ^Courts (not having merely local jurisdiction) in jEngland,.Qri[reland; or., (2.) who shall have been duly called and admitted to practise as aBarristertatJJaw, in any of the Superior Courts of Law (not having merely local jurisdiction) in any of Her Majesty's Colonies wherein the, Common Law of England is the-Coiji- mon Law, of the land, and who, if applying after the establish- ment of examination for admission but not befQre,,sball,liaw passed such examination in the laws and practice of. the Colony, as shall be hereafter legally established; or, .(3.) who shalLhave been so duly called and. admitted to practise as an Advocate in the Court of Session in Scotland; or, (4.) who shall have been duly called and admitted to the Degree of Doctor of Civil Law, at any University in England, Scotland, or Ireland; or, 152 [26 Vict.] Legal Professions. t^o. 41.'] (5.) Who shall have been instructed within the Colony, in the A.t). 1863. knowledge and practice of Law, and duly qualified to be called to the Bar, under and subject to such regulations as may hereafter be from time to time legally established in that behalf. 3. From and after the passing of this Act, every such person and who may be Attof- no other (except as hereinbefore excepted) may be admitted, ^^y^' enrolled, and authorized, and allowed to practise in the Superior Courts of Law of the Colony, as an Attorney or Solicitor, as shall be possessed of the qualification following, viz : Being a subject of the British Crown, of full age, good conduct, and repute. (1.) Who shall have been actually and duly enrolled and entitled to practise, as a Solicitor, Attorney, Proctor, or Writer to the Signet, in any of Her Majesty's Superior Courts of Law (not having merely local jurisdiction) in England, Scotland, or L-eland; or, (2.) Who shall have been actually and duly enrolled, and entitled to practise as a Solicitor or Attorney, in any of Her Majesty's Superior Courts as aforesaid, in any of Her Majesty's Colonies wherein the Common Law of England is the Law of the land, and who if applying after the establishment of examinations for admission, but not before, shall have passed any such examination as shall hereafter be in that behalf legally established; or, (3.) Who may have been instructed within the Colony in the knowledge and practice of Law, and duly qualified to be enrolled in the Superior Courts of the Colony, as Attorney or Solicitor, under and subject to such regulations as may from time to time hereafter in that behalf be legally estab- lished. 4. Provided that no applicant for admission shall be capable of gj^j^g jjjj^j^^^^ being admitted, enrolled, or allowed to practise, whether as a Bar- ry to admission, rister at Law, Attorney, or Solicitor, until he shall have first taken and subscribed the oath of allegiance before the Registrar or Deputy .. Registrar of the Supreme Court of Civil Justice of British Colum- bia, at New Westminster, and shall have advertised in the G-overn- ment Gazette at least two calendar mohths previous, notice of his Advertisement of intention to apply in the next ensuing term thereafter of the Court to which such application is intended to be made, and have delivered in writing to the said Registrar, or Deputy Registrar, his Written application, application for such admission, giving therein at full length his name and address, and a statement of his qualification, and shall Statement of quaii- have also made and subscribed the statutory declaration hereinafter mentioned, and have deposited with such Registrar or Deputy tion. ^ Registrar a Certificate under the hand of at least two duly enrolled 153 ilSo. 47.] Legal Professions. [26 VioT.] A.D. 1863. Testimonial of good conduct. Call certificate re- quired. From a Colonial Barrister. From a Doctor of Civil Law. From an Attorney (Home or Colonial). Statutory declara- tion. Admission after verification. and practising Members of the legal profession of the said Colony, immediately before the application for admission, that they believe the applicant is a person of good moral conduct, and shall also have deposited with such Registrar or Deputy Eegistrar, for at least one calendar month after making such written application, the Certificate following, that is to say : — If the applicant be a Barrister at Law of England or Ireland, or Advocate in Scotland, as aforesad, a Certificate under the Seal of any of the Societies or Inns of Court in England, Scotland, or Ireland, duly authorized in that behalf; If ^ Colonial Barrister as aforesaid, a Certificate under the Seal of any of the Societies or Inns of Court of such Colony, duly authorized in that behalf, or where none such exists then of the Superior Court or Courts (not having merely local juris- diction) of such Colony ; ' If a Doctor of Civil Law as aforesaid, a Certificate of the Univer- sity as aforesaid, where such applicant has taken such degree ; If an Attorney, Solicitor, or ProctoT as aforesaid, a Certificate of the Superior Court or Courts as aforesaid, in England, Scot- land, or Ireland, or any such of Her Majesty's Colonies as aforesaid ; Under the hand of the proper Officer of such Society, Lm of Court, Court or Courts, or University, as the case may be, to the effect that the applicant was at the date thereof on the Books of the said Society, Inn of Court, or University, or on the EoU of such Barristers, Attorneys, Solicitors, Proctors, or "Writers to the Signet, of such Court or Courts, as the case may be ; and that no application had been made to such Society, Inn of Court, Court or Courts, since his admission therein or enrolment, against such person for misconduct in such his capacity as Barrister at Law, Advocate, Attorney, Solicitor, Proctor, or Writer to the Signet. 5. Provided, that no such applicant shall be capable of any such admission and enrolment as aforesaid, until he shall have made, and subscribed, and filed with the said Registrar, or Deputy Regis- trar, a declaration under, and subject to, the provisions and penal- ties of the Act passed in the fifth and sixth years of the reign of his late Majesty King "William the Fourth, chapter sixty-two, to the effect and in the Form marked A. in the Schedule hereto. 6. All documents required under this Act shall be submitted for the approval of the Judge of the said Supreme Court, as to their due compliance with the requirements hereof, and upon such approval, the name of such applicant as aforesaid shall be entered by such Registrar, or Deputy Registrar, on the proper roll, upon payment of the proper fees. 154 [26 Vict.] Legal Profesmm. [Ko. 47-] 7. The fees to be taken by the said Kegisttai:', of Depuly Eegis* • A.D. 1863. trar, upon the transaction or entry of the several matters and things to be done by him under this Act, shall be such as shall be from time to time made, varied, or presented by any Order of the said Supreme Court. 8. !N"othing herein contained shall be construed to prevent the saving of judicial Judge of the said Supreme Court from exercising the powers and authority, authority usually exercised in England by Judges of the Superior Courts over Attorneys on the roll, or in respect of other the persons practising in such Courts. 9. Any person knowingly making a false statement in any Penalties on false material point under this Act, or the above cited Act of the fifth fontrayention o°f this and sixth years of the reign of his late Majesty King "William the Act. Fourth, chapter sixty-two, shall be liable to the penalties by such last cited Act prescribed; and any person otherwise in any way acting, or practising, in contravention of any of the provisions of this Act, shall also be deemed guilty of a contempt of Court, and punishable accordingly. 10. The Schedule hereto shall be deemed a part of this Act. ie^^*^"'^ P^^* °^ 11. This Act may be cited for all purposes as " The Legal Pro- short Title, fessions Act, 1863." SCHEDULE TO WHICH THE FOJiEGOmG ACT EEFEKS. FOEM A. Form of Declaration by Barristers. \I, A. B., of , do solemnly and sincerely declare that I am a Barrister at Law [or Advocate], duly authorized to practise in the Superior Courts (not.having merely local jurisdiction) of England \_Irelamd, Scotland, or Her Majesty's Colony of , as the case may 5e], and that I was called to the Bar hy the Eonowrdbh Society of [or duly called to the Bar and admitted and enrolled as a Barrister in the Court in the said Colony'] ; [J_Variation for an Attorney or Solicitor : — That I am an Attorney of Her Majesty^ Cov/rt at Westminster, or Solicitor, Proctor, or Writer to the Signet, as the case may he, and that I was duly admitted and, enrolled as an Attorney [or Solicitor, as the case may he] of the said Court at Westminster, [if in one of Her Majesty'' s Colonies, vairy the wording accordingly] on the day oj ]] And that I am the person named %n the Certificate now produced, and that I am a British Subject hy hirth, [or naturalization, if naturalized state the date], and that I have never since changed or declared the intention of changing nvy aUegianw ; and that I am truly qualified to act in the capacity of 155 [iiTo. 48.] Cook's Ferry and Clinton Eoad Bond. [27 Vict.] AD 1863 according to ilie tenor of WA/ qualificaUon ; and that I have never been disqual- ified, nor done any act whereby or hy reason whereof I may he or become disqual- ified ; and that no application or proceeding has ever been taken or commenced against me, in any part of Her Majesty'' s Dominions, with the object of disqual- ifying me, or hy reason whereof I might have become dtsquoMJied from acting as a Barrister [Advocate, Attorney, Solicitor, Proctor, or as the case may 6e]. And I make this solemn declaration conscientiously believing the same to he true, and hy virtue of the provisions of an Act made and passed in the fifth and sixth years of the Reign of his late Majesty King William the Fourth, chapter 62, intituled "An Act to repeal an Act of the present Session of Parliament, intituled an Act for the more effecttial abolition of Oaths and AJirmations taken and made in the various Departments of the State, and to substitute de- clarations in lieu thereof, and for the more entire amd effectual suppression of voluntary and extrajudicial oaths amd affidavits, and to make other provisions for the abolition of unnecessary oaths." Signature of Declarant . Made and subscribed at , this day of A.D. before me. Form of Declaration by a Doctor of Civil Law. I, A. B., of , do solemmly and sincerely declare that lam a Doctor of OivU Law of the University of , and was duly admitted to that Degree at , on the day of ; and that lam the person named in the Certificate now produced; and that I am a British Subject hy birth [or naturalization ; if naturalized, state the date"]; and that I have never since changed or declared the intention of changing my allegiance ; and I make this solemn declaration, &c. [concluding as above'].^ No. 48. ; A.D. 1863. Proclamation by His Excellency James Douglas, Companion — of the Most Honourable Order of tlie Bath, Governor and See No. 52. Commander-in-Chief of British Columbia and its Depen- dencies, Vice-Admiral of the same &c., &c. [iSih June, 1863.] T^HEEEAS by virtue of an Act of Parliament made and passed in the Session of Parliament held in the 21st and 22nd years oftheKeign of Her Majesty Queen Victoria, entitled "An Act to provide for the Government of British Columbia," and by a Com- mission under the Great Seal of the United Kingdom of Great Britain and Ireland, I, James Douglas, have, been appointed Governor of the said Colony, and have been authorized by Proclar mation under the Public Seal of the said Colony, to make 156 127 Vict.] . Cook's Ferry and Clinton Road Bond. [Ifo. 48.] Laws, Institutions, and Ordinances, for the peace, order, and good a.D. 1863. government of the same: And whereas by a certain Indenture, dated the 17th day of April, A. D. 1863, and made between Eichard Clement Moody, Colonel of Royal Engineers, and Chief Commissioner of Lands and Works for British Columbia, acting onbehalf of the Government of British Columbia, of the first part, and William Hood, of Cache Creek, in British Columbia, of the other part, the said William Hood con- tracted to construct and complete a certain Waggon Eoad and Works, as described in the said indenture and specifications thereto annexed, and within the time, and on the terms, and subject to the approval therein mentioned, for the price of Twelve thousand seven hundred and ei'ghty-three pounds ten shillings sterling, subject to be increased, under certain contingencies therein mentioned, to Thirteen thousand nine hundred and seventeen pounds and fifteen shillings sterling, . payable in British Columbian Bonds, at the following times, and in the following manner, that is to say: by Bonds of the Government of British Columbia, bearing interest at the rate of six per cent, per annum, from the dates of the acceptances of the said Road Works by the said Chief Commissioner; such Bonds to be redeemable in the proportions, time, and manner here- inafter mentioned, and the said payment to be made by such proportional instalments as the said Chief Commissioner should, in his discretion, think fit: And whereas it is by the same Indenture provided, that one-fifth of the said total amount of Bonds shall be retained until six months after the completion and acceptance of the said Road and Works, or such earlier period as shall be appointed in that behalf by the «aid Chief Commissioner, for the purposes in the said Indenture mentioned: I^ow, therefore, I do hereby declare, proclaim, and enact as follows: — 1. On the production of any and every Certificate of the said b. c. £5o Bonds up Chief Commissioner, stating that any portion of the said works has to .^13,900 may be . PI . 1 /-n ■ p /-. • • delivered to Chief been executed to the satisfaction of the said Chief Commissioner, Commissioner to and specifying the amount that is due thereon to the Contractor, ^"'^^ "^^ contract. there may be delivered to the said Chief Commissioner of Lands and Works for the time being, to be applied to payments under the said contract, such a number of Bonds, not exceeding in the whole the total amount before mentioned, in the form set forth in the Schedule hereto, as shall represent at par the amount specified in any such Certificate; each Bond being for the amount of Fifty Pounds, and bearing interest "at the rate of six per cent, per annum, from the date of the Certificate of acceptance. 2. At the expiration of six calendar months from the date of the , ,, .„ , , ^ J.1 1 1 i- 1 After specified delay- completion, and acceptance by Government, ot the whole oi the for repairs, balance said road and works, or at such earlier period as the said Chief ,'^"^'"^y''^ p*^^- 157 psTo. 48.] Cook's Ferry and Clinton Road Bond. [27 ViCT.J A.D. 1863. Cesser of interest on non-piesentation of Bond. Numbering. And classification. Bonds charge on General Revenue, after existing special liabilities. Schedule. Short Title. Commissioner shall specially certify in writing under his hand in that behalf, and on the production of a certificate of approval and acceptance thereof, signed by the said Chief Commiseioner, and stating that the whole of the said works have been executed in accordance with the said contract, there may be delivered to the said "William Hood, his executors, and adminisrrators, or assigns, such portion of said recited total (or increased total) amount, as the case may be, of the said Bonds, issuable under this Act, as shall not have been applied or expended by the Government of British Columbia in keeping the said works in repair, under the provisions of the said contract in that behalf contained. 3. Provided, that all interest shall cease to accrue upon any of the said Bonds which shall not have been presented for payment at the Treasury upon the day therein appointed for the redemption thereof. 4. All the said Bonds shall be numbered in a regular series ac- cording to the natural numbers, beginning with number one, ac- cording to the order in which the same shall be issued. 6. The Bonds numbered 1 to 85, both inclusive, shall, subject as hereinafter mentioned, be payable by the Treasurer, with interest,, in cash, on the 30th September, A. D. 1864; the Bonds 'So. 86 to 170, both inclusive, shall, subject as hereinafter mentioned, be payable by the said Treasurer, with interest, in cash, on the 30th day of September, A. D. 1865 ; the Bonds N"o. 171 to 255, both inclusive, shall, subject as hereinafter mentioned, be payable by the said Treasurer, with interest, in cash, on the 30th day of Septem- ber, A. D. 1866; and (if required under the contract) the Bonds numbered 256 to 277, both inclusive, shall, subject as hereinafter mentioned, be payable by the said Treasurer, with interest, in cash, on the 30th day of September, A.D. 1867. All the said Bon'fls shall be dated as of the days ©n which the certificates of acceptance to which they reter shall respectively be issued. 6. The Treasurer of the said Colony, or other person for the time being acting in that capacity, is hereby ordered and directed to pay the amount of every such Bond, and all interest payable thereon, out of any moneys belonging to the said Colony remaining in his hands, after providing for the existing charges on the public Eevenue, by Loans or Bonds already raised or issued, at the time when such Bonds shall be presented to him for the payment of the principal or interest thereof, in accordance with the provisions of this Act. The interest due on each of the said Bonds shall be paid half-yearly, upon presentation of the Bond in respect of which any such interest shall b^ due, at the Treasury, at New "Westminster. 7. The Schedule hereto shall be deemed to be part of this Act. 8. This Act may be cited on all occasions as the " Cook's Ferry' and Clinton Road Bond Act, 1863." 158 f27 Vict.] New Westminster Municipal Extension, No. 3. [No. 49.] A.D. 1863. SCHEDULE. Colony of British Columbia. Treasury Bond. Under the " Cook's Ferry jmd Clinton Road Bonds Act, 1863." ^50. No. Dated, A, D. 186 . PayaMe 30 • n T • , fi ,. . -■ Tolls to cease while the said term, the said Bridge and its approaches as aforesaid, or any Bridge out of repair. part thereof respectively, whether from accident or otherwise, shall in the opinion of such Commissioner, or other Officer, expressed in a notice, be in a condition unfit or dangerous to public traffic, 7. It shall be lawful for such Commissioner, or other Officer as aforesaid, at any time or times during the said term, whenever the mente^^may^Te'^°o?^ state of the traffic along the Lytton-Alexaudria route, passing at or ^^^^^' near the point where the said Bridge shall be constructed shall require it, to order such improvements to be made in such Bridge or approaches, at the expense of the said Thomas Spence, his executors, administrators, and assigns, as shall be necessary for the accomodation of such traffic. 8. It shall be lawful for the said Commissioner, or other Officer as aforesaid, by notice, from time to time to make such regulations 165 Regulation of traffic. A.D. 1864. Saving of Croivti rights and othei rights. fNo. 51.] Thompson Bridge Toll. [27 ViOT.] for the safety of the traffic across the said Bridge, or the said Bridge and its approaches, as he shall deem expedient. 9. E'othing herein contained shall he construed so as to limit or abridge the prerogative rights of Her Majesty, Her heirs and suc- cessors in respect of the said Bridge, or any rights of Ferry or Ferriage Tolls across Thompson Kiver, or (beyond the specific pro- visions of this Act) to entitle the said Thomas Spence, or any other persons whomsoever, to infringe any existing private rights, or any existing or fature public rights. 10. Any person, directly or indirectly, evading or attempting to evade the payment of any of the Duties or Tolls hereby imposed, shall for every such offence be fined treble the amount of Toll, or any sum not exceeding one hundred pounds, and with or without imprisonment, for any term not exceeding three calendar^months, at the discretion of the Magistrate convicting. Penalty on breaches 11. Any person wilfuUy infringing any regulation authorized by "ions."*^^^ ^^^"^*' Clause 8, shall, for each such offence, be liable to a fine of not exceeding ten pounds, and with or without imprisonment, for any term not exceeding seven days, at the discretion of the Magistrate .convicting. Evasion of Toll, pe- nalty. Penalties how re- coverable. Notice. Short Titl3 12. Any penalty under this Act may be recovered before any Magistrate in British Columbia, in a summary way, and. any fines levied hereunder shall be paid to the use of the person or persons entitled for the time being to receive the said Tolls. 13. Every notice required, or authorized by, this Act to be given, shall mean a notice in writing, under the hand of the said Com- missioner of Lands and Surveyor General, or other Officer appointed or authorized as aforesaid, and affixed to some conspicuous part of the said Bridge or approaches, and every such notice shall be good and sufficient notice, for all the purposes whatsoever of all matters and things therein contained, to all persons therein mentioned or re- ferred to. 14. This Ordinance may be cited for all purposes as "The Thompson Bridge Toll Act, 1864." 166 [27 Vict.] Loan. [1*fo. 62.] No. 52. An Ordinance to authorize a Loan of ^190,000. -A..!). 1864. nOih March, 1864.] ^._, „ "7. ^,„„ ■- ' -■ FufeNos. 60&138. WHEREAS great and lasting benefit liaa been derived in British Preamble. Columbia, from the expenditure incurred in the construction of roads and other public'works in the Colony: And whereas it is expedient to raise a fiirther sum for the survey, construction, and maintenance of such public works, by means of a Loan, secured on the General Eevenue of the said Colony, in manner hereinafter appearing: And whereas the following Loans are chargeable upon the General Revenue of the said Colony, in order and amount as follows, that is to say: — 1st — Under " The British Columbia Loan Act, 1862," termina- ting 1st Januray, 1873, the sum of £50,000, less the amount paid by the Colony toward the Sinking Fund thereof; 2nd — Under " The British Columbia Loan Act, 1863," termina- ting 1st July, 1883, the sum of .£50,000, less the amount paid as aforesaid towards the Sinking Eund thereof; 3rd — Under the " Cook's Ferry and Chnton Road Bond Act, 1863," the sum of £12,750, payable as follows:— £50 Bonds, Fos. 1 to 85, both inclusive, due 30th September, 1864; £50 Bonds, JSI'os. 86 to 170, both inclusive,'due 30th September, 1865; £50 Bonds, l^os. 171 to 255, both inclusive, due 30th September, 1866: Be it therefore enacted by the Governor of British Columbia, by and with the advice and consent of the Legislative Council thereof, as follows : — 1. It shall be lawful for the Governor for the time being of the said Colony, from time to time, or at any time hereafter, to cause to borrow £ioo ooo to be made out and issued. Debentures secured upon the General ""^ Debentures. Revenue of the said Colony, for such sum or sums, not exceeding One Hundred Thousand Pounds in the whole, as may be required for the purpose of surveying, constructing, and maintain- ing roads, bridges, and other public works within the said Colony, 2. All Debentures made out and issued under this Act shall bear „ , , . ^ Kate of interest six interest at the rate of Six Pounds sterling per centum per annum, per cent, per annum. payable half-yearly, and shall be redeemable at the expiration of thirty years, from the first day of April, A. D. 1864. 167 [No. 52.] Loan. [27 Vict.] A.D. 1864. Debentures for £100 and upwards. Debenture holder can vary place of payment. Signature, and Registry of Deben- tures. 3. Every Debeflture shall be for any sum or sums, not less than One hundred pounds sterling, which the said Governor shall deter- mine, and which, together with the interest thereon, shall be pay- able in London, at the Office of the Crown Agents for the time being for the Colonies, or at the Treasury of the said Colony. And the holder or bearer of any of the said Debentures may alter jthe place of payment of the principal and interest to either the Treasury at New "Westminster, or the Offices in London of the said Crown Agents, by giving six months previous notice, in wri- ting, terminating on the first day of April, or the first day of Octo- ber, at the previous place of payment (the Treasury in New West- minster, or at the Offices in London of the Agents aforesaid, as the case may be) of his wish to make such alteration, and causing the Officer in New "Westminster acting as Treasurer for the time being, or the said Crown Agents in London, as the case may be (who is and are hereby required) to endorse on such Debenture a memo- randum of the alteration. 4. All Debentures made out and issued under this Act shall be signed by the Crown Agents for the Colonies, on behalf of the Government of British Columbia, and entered in a Register, to be called the Debenture Register, a duplicate whereof shall be kept by the Crown Agents at the Offices in London, and another duplicate copy thereof by the Auditor of the said Colony; and such Debentures shall be deemed a charge upon all the revenues of the said Colony, from whatever source arising, and in order of priority next after the prior charges thereon, already created by "The British Columbia Loan Act, 1862," " The British Columbia Loan Act, 1863," and the "Cook's Ferry and Clinton Road Bond Act, 1863;" and all interest on such Debentures, and the principal when due, shall be paid by the Treasurer of the said Colony, out of such revenues, under warrant to be issued by the said Governor, in priority of all demands thereon, except the charge and expenses of the collection thereof, and the said prior charges on such revenue created by " The British Columbia Loan Act, 1862," and by " The British Columbia Loan Act, 1868," and the "Cook's Ferry and Clinton Road Bond Act, 1863." 6. The said Debentures shall be in the Form marked A. set forth in the Schedule to this Act, and shall bear date on the day of the issuing thereof, and shall be numbered arithmetically, beginning with number one, and so proceeding in arithmetical progression ascending, wherein the common excess or difference shall be one. 6. Interest Coupons shall be attached to each Debenture, in Form marked B. set forth in the Schedule hereto. Debentures trans- 7. The said Debentures shall be made payable to the bearers ferabie by delivery, thereof, and shall pass by delivery only, and without any assignment' or endorsement, and the holder or bearer for the time being, of 168 Form, date, num- bering. Interest Coupons. [27 Vict.] Loan. [No. 52.] every such -Debenture shall have the same rights' and remedies a.D. 1864. in respect of the same as if he were expressly named therein. 8. It shall be lawful for the said Governor to authorize the Sale of Debenturea, whole or any portion of the sa,id Debentures to be negotiated, con- tracted for, or sold by the Treasurer or the Crown Agents for the Colonies, and at such times, in such sums, and in such manner, as the said Governor may direct. 9. All moneys raised under this Act shall be paid in such man- payments to which ner as the said Governor shall prescribe, to the Treasurer of British ^°^^ ^^ appilflabiB. Columbia, and shall by him be placed to the credit of an account to be called the "Hoads Loan No. 3 Account," to be applied, to the purposes of surveying, constructing and maintaining roads, bridges, and .other public works within the said Colony, or of any sums borrowed, or to be borrowed, and expended in such surveying, construction, or maintenance, and to no other purposes whatsoever; and the said moneys shall be accounted for in the same manner as if they formed jart of the current revenue of the said Colony. 10. The said Governor shall provide for the redemption of the sinking Fund, said Debentures, by authorizing and directing the Treasurer of the said Colony, subject in the first place to the said " British Columbia Loan Act, 1862," « The British Columbia Loan Act, 1863," and the " Cook's Terry and Clinton Road Bond Act, 1863," to the extent aforesaid, to appropriate, half-yearly, out of the General Eevenue of the Colony, such sum as shall be equal to four and one-eighth per cent, on the total of the principal sum for which the said Debentures shall from time to time have been issued, and be for the time being outstanding, and after having paid the half-year's interest there- from, shall invest or cause to be invested the residue thereof as a Sinking Fund for the final extinction of the debt, and shall invest or cause to be invested the dividends, interest, or annual produce arising from such investment, so that the same may accumulate by way of compound interest. 11. All sums paid to the account of the Sinking Fund, and all ^ . . , , T . . ,, „ , „ , . InTestment of interest or produce arising therefrom, shall be invested under Sinking Fund. Trustees, in the purchase of Imperial or Colonial Government Securities. The nature of such securities, and the selection of the Trustees, shall be left to Her Majesty's Principal Secretary of State for the Colonies. 12. Provided, nevertheless, that it shall be lawful for the said „ • . . Ee-purohase of Governor, from time to time, to authorize the Crown Agents for Debentures, the time being for the Colonies, or the said Treasurer of the said Colony for the time being, to re-purchase the said Debentures to the amount of such moneys as the said Governor, by and with the advice and consent of the Legislative Council of British Columbia may, by any Ordinance hereafter to be issued and passed 169 [No. 52.] Loan. [27 Vict.] Proportionate re- duetioD of Sinking Fond.. A.D. 1864. ^y JiiBUr ^y ^"^^ with the advice and consent as aforesaid, or out of — the current Revenue of the Colony, appropriate for that purpose, and for the Trustees of the said Sinking Fund to make use thereof, foi' the purpose of withdrawing Debentures from the market by purchase ; and all Debentures so re-purchased shall be forthwith cancelled and destroyed, and no re-issue of Debentures shall be made in consequence of such purchase and destruction. 1,3. From and after the date of any and every such re-purchase of Debentures as last aforesaid, the amount then payable to the Sinking Fund shall be, from time to time, reduced in exact propor- tion to the amount of Debentures for the time being remaining unredeemed, and any moneys remaining in the said Sinking Fund, after the loan hereby sanctioned is fuUy paid and satisfied, shaU be forthwith paid over to the Treasurer, and accounted [for as General Eevenue. Trnst moneys. 14. It shall be lawful for any Trustees, Executors, Administra- tors, or Guardians, having the disposition of any trust moneys, to purchase any such Debentures, by and out of trust moneys ; and every such purchase shall be ^deemed a due investment of such trust money. 15. It [shall not be necessary for the said Colonial Treasurer, Crown Agents, or any other person, acting for or in behalf oS the Government of the said Colony, to notice, or regard,, or to enquire into any trust to which any Debentures shall be liable^ or the rights or authority of any one being the actual holder or bearer of any such Debentures as aforesaid, but payment to the actual holder or bearer thereof, or his lawful agent, shall be deemed in all cases due payment, unless otherwise specially agreed in writing by and under the hand of the Treasurer, Crown Agents, or other person acting as aforesaid, for the time being entrusted with the sale of sueh Debentures, 16. Any person who shall forge or alter, or shall utter, or dispose of, or put, off, knowing the same to be forged or altered, any De- benture made out and issmed under this Act, shall be guilty of felony,, and being- thereof convicted, shall be imprisoned for any period not exceeding three years,, with or without hard labour, at the discretion of the Judge before whom, amy such person shall be tried and convicted. Short Title. ^'^- "^^^ Ordinance may be cited as "The British ColumWa Loan Act, 1864." Non-recognition of tnisis, except in epecial cases. Forgery felony. 17Q [27 Vict.] Loan, " [Ko. 52.] SCHEDULE. Form. A, British Columbia G-ovbrnmbni? DBBllN'TifKE, No. £> B. d. British Columbia. Loan Act, 1864, X100,000. For [ One hmdred^ Pounds advanced, to the: Q-overnment of British Calum- bia, the holder of this Pebentnre is entitled to receive Interest at the rate of Six per centum per annum, in half-yearly payments, payable at the [^Offices of the Crown Agents for the Colonies, in London, or at the Treasmy, New Westminster, as the case may Je] on the 1st April and 1st October in each year. The said sum of [ One Hvmdre^ Pounds sterling, with interest thereon^ is charged upon and made payable out of the General Eevenue of the Colony of British Columbia, under the terms of the British Columbia Loan Act, 1864, and the principal will be repaid \in London, at the aforesaid Offices, or at the Treasury, New Westminster, as the case may he\ at the expiration of Thirty (30) Years from the Ist day of April, 1864. Signed on behalf of the Q-overnment of British Colttmbia, and in accordance with the provisions of the Act above- cited. Registered, —\ Agents General for r Crown Colonies. Form B. British Columbia. No. Halfeyear's Interest due [ls« OcteJer,' 1865,]_ on Debenture No. , payable at the, [O^ces of the Crown Agents for the Colonies, London^ or the Treasury, Neyi' Westminster, as the case may bej. £ — • ' ■ ^ - Agents Qreneral. 60 sucji Coupons, numbered from No. 1 vpwa/rds, tO'for public use, between New Westminster and the said United States, to the eastern coasts thereof, and Eussia, and the other lines in connection with the said International line. (e.) And upon this further condition that all despatches and messages that shall be sent by or on behalf of Her Majesty'? Government, and the Government of British Columbia, shall have precedence over all olher despatches whatsoever along the said proposed International line within the said Colony and its Dependencies. (/.) And upon this further special and express condition, that the general atrangements of the said Telegraph throughout the said International line from end to end, and in whichever hemisphere, and of all such other lines as may be or come in connection therewith, shall be such as to place English, Rusisan, and United States messages upon an equal footing, in regard to the use of the said International Telegraph. 7. On failure of the said Perry Macdonough Collins, his asso- of performing condi- ciates Or assigns, effectually to commence and complete the portion of the said International line contained within the said -Colony and its Dependencies, within the respective times, and in manner herein mentioned, and to fulfil and keep all and singular the conditions in this Ordinance specified, the powers, rights, and privileges hereby granted shall cease and determine, and this Ordinance become absolutely void. 8. Upon the completion of the said International Telegraph line, hereinbefore more particularly mentioned and described, within the time and manner, and subject to the several conditions in this Ordinance specified, there is hereby granted to the said Perry Mac- donough Collins, his associates and assigns, the right of sending and receiving messages by Telegraph, and making a reasonable charge for the Bame,'subject as herein mentioned, between any place 178 English, Russian, and United States messages to be on an equal footing. Forfeiture in default Eights of grantees as to sending messa- Charges. [28 Vict.] International Telegraph. [No. 54.] within the said Colony, and to and from Kussia, and the United a.D. 1865. States, or any other Countries or place beyond the limits thereof respectively, for the period of thirty-three years, from and after the said first day of January, A. D. One thousand eight hundred and seventy. 9. This Ordinance shall not be construed to prevent, or in any nq exclusive rights manner interfere with any other line or lines of Telegraph whatever, granted. nor to limit the right of any Person, Corporation, or Company fully to establish and work any other Telegraph line or lines anywhere within, to, or from the said Colony, either in or not in connection with the said International line. 10. The Government of British Columbia shall at all times have Government may the right to connect the said line or lines by Telegraph with a-ny ^^^^^ "^sts with Military or Civil posts of Her Majesty's Government, and to use the the Telegraph, same for Government purposfes. 11. Subject to the right of prior use by the Government as afore- subject to the pri- said, the said line or lines shall be at all times open to the public, ority of Government ' -^ . ^ ' the line to be open and to any Telegraph Company, upon the payment of the regular to the public, charges for transmission of despatches, and (save as aforesaid) all despatches received, shall be transmitted over the said line or lines in the order of their reception at any Telegraph Of&ce connected with the said line; and the answers to the said despatches shall be delivered as may be directed by the senders. 12. The rate of charges for public or private messages on the ..... ., , - ° , '■ . S Limitation of rate of line or lines, shall not exceed the average usual rates m Europe and charges, liforth America for the same service, or such rates as shall be ascertained and fixed by a convention between Great Britain, Eussia, and the United States. 13. The Company to be formed by the said Perry Macdonough .pj^^ company to be Collins, his associates or assigns, to carry on the undertaking registered, hereby authorized, shall be duly registered and incorporated as a Joint Stock Company, under the laws of the Colony in that behalf, upon or before the efiective commencement of the said Telegraph works. 14. If any person shall wilfully or maliciously cut, break, or throw Malicious injury to down any telegraph pole, or any tree or other material used in any Telegraph a misde- Telegraph line or lines herein authorized to be constructed, or shall wilfully or maliciously break, displace, or injure any insulator in use in any such Telegraph line, or shall wilfully or maliciously cut, break, or remove from its insulators any wire used as a Telegraph line, or shall wilfully or maliciously cut, break, molest, or injure any submar rine cable used or intended to be used in any such Telegraph line, or shall, by the attachment of a ground wire, or by any other con- trivance, wilfully destroy the insulation of such Telegraph line, or' interrupt the transmission of the electric current through the same, or shall in any other manner wilfully destroy, injure, or molest any 179 [Ko. 5S.] Telegraph Amendment. [28 Vict.] A.p. 1865. How punished. Telegraph materials admitted duty free. property or materials appertaining to any such Telegraph line, or shall wilfully interfere with the use of any such Telegraph line, or obstruct or postpone the transmission of any message over the same, or procure or advise any such injury, interterence, or obstruc- tion, the person so offending shall be deemed guilty of a misde- meanor, and be liable upon conviction before any Justice or Jus- tices of the Peace, for every such offence, to be punished by fine not to exceed one hundred pounds, or imprisonment not tO' exceed six monthSj; or by both such fine and imprisonment, in the dis- cretion of the said Justice or Justices ; and shall moreover be liable to the owners of the said Telegraph line for three times the amount of all loss apd damage sustained by reason of such wrongful act. 15. SiibjecJ; to the due observance by the said Perry Macdonough Collins, his associates or assigns, of the conditions and provisions of this Ordinance, the wire, submarine cables, and materials neces- sary and bona fide intended for the construction, maintenance,, or repair of the said Telegraph line or lines (of which the Collector of Customs, or OflScer deputed by him in that behalf, shall be final and sole judge) shall be admitted free of duty, at any port of entry in British Columbia, up to the 1st day of January, A.D. one thou- sand eight hundred and seventy. Special Ports of En- 16. To facilitate the operations of the said Perry Macdonough , toy may be appoint- Qoiiijjg^ jjig associates and assigns, in the International work afore- said, it shall be lawful for the Government, by any order published in the Government Gazette, to appoint any port or ports, place or places in the said Colony or its Dependencies, for the entry, duty free, of the wire, submarine cables, and materials mentioned in the preceding clause, and to allot ample and exclusive room there for storing the same, but with, under, and subject to such precautions and restrictions for the protection of the Eevenue as the said Government may from time to time deem expedient. Short Title. IT- This Ordinance shall be cited as " The International Tele- graph Ordinance, 1865." A.D. 1865. Preamble, No. 55. An Ordinance to amend the "First Telegraph Ordinance, 1864." [22nd February, 1865.] WHEREAS it is contrary to the policy of Her Majesty's Govern- ment to grant' exclusive Telegraphic privileges : , And whereas such privileges have been granted by the Legisla- lature of this Colony, under the "First Telegraph Ordinance, 1864," 180 [28 Vict.] Harbour Dues Amendment. [Ko. 56.] to the President of the California State Telegraph Company, his a.D. 1865. successors and assigns : Be it enacted by the Governor of British Columbia, by and with the advice and consent of the Legislative Council thereof, as follows:— 1. So much of Clauses 5 and 6 of the " First Telegraph Ordi- Repeals monopoly nance, 1864," as renders, or may be construed to render, exclusive nia^tate*Teiegraph any of the Telegraphic privileges by that Ordinan6e conferred on Company.' the said President, his successors and assigns, shall be and is hereby repealed. Provided thait the powers aud privileges by that Ordinance con- Saving of other ferred shall not in any way be prejudiced or affected save a,s to P^viieges. such exclusiveness. 2. This Ordinance shall be cited as the "Telegraph Amendment giiort Title. Ordinance, 1865." No. 56. An Ordinance to amend the Dues leviable at the Port of ^p jggg New Westminster. — [im March, 1865.] WHEEEAS it is expedient to alter the rate of Dues at present preami,ie leviable on Sailing Vessels, above thirty tons, at the Port of New "Westminster: Be it enacted by the Governor of British Columbia, by and with , the advice and consent of the Legislative Council thereof, as follows: ■ 1. So much of the Proclamation of the 15th June, 1859. as „ . „ „ ., ' ' Port Dues on Sail- requires the payment of three pence per ton on Sailmg Vessels, is ing Vessels reduced^ hereby repealed. In lieu thereof, from and after the passing of ° ^ ' ^^"^ ^^' this Ordinance, there shall be assessed, levied, and collected at the Port of ]S"ew "Westminster, in the Colony of British Columbia, for the use of Her Majesty, Her heirs and successors, as and for Entrance and Clearance Fees on all Sailing Ships or Vessels of above thirty tons register, either entering or leaving the said Port, two pence per ton register. 2. Such Dues shall be Duties of Customs, and collected, managed, p . ^ levied, and enforced in the manner by the said Proclamation Customs.' prescribed. 3. This Ordinance shall be cited as " The Harbour Dues Amend- ^^^^^ ,j,^j ment Ordinance, 1865." 181 [N"©. 57.] Bor 2>1. Eveiy adjudication'against any prisoner for debt so brought D^teofad" di af up as aforesaid, shall, unless the Court shall otherwise direct, have relation back to the date 'Of his commitment or detention, as the case may be, and shall be as valid and efiectual for all purposes as if it had been made under any other of the provisions of this Or- dinance. 38. This Ordinance shall be cited as the "Bankruptcy Ordinance, ^^^^^ ^itie 1865." No. 60. An Ordinance for regulating the amount and application of A.D. 1865. the Fees to be taken in the Supreme Court of Civil Justice from Suitors therein. If o^d;f of Court {Uih April, 1865.] of nth June, isvo, {Appendix). WHEREAS it is expedient to define the amount of Fees to be preamble, taken by the Officers of the Supreme Court of Civil Justice of British Columbia in all civil actions pending therein, and also to provide for the appropriation and disposal of the same : Be it enacted by the Governor of British Columbia, by and vidth the advice and consent of the Legislative Council thereof, as follows : — 1. From and after the time of this Ordinance coming into operar pees to be taken as tion, the Officers and Clerks of the said Supreme Court or of any described in Scha- Judge thereof, shall, for all matters mentioned or referred to in the Schedule hereto, take and receive the fees respectively in. that behalf mentioned or referred to in the said Schedule, and no other; and all such fees, (except fees for office copies) shall be accounted for and paid in by such Officers and Clerks respectively into the Treasury. 193 [iTo. eo.] Supreme Court Fees. [28 VioT.J A.D. 1865. District Registrars how appointed. Fees for office copies. Registrar of Supreme Court may act as Accountant General &c., &c., for the time being. 2. The Judge oftte Supreme Court may, from time to time, subject to the approval of the G-overnor, appoint, remove, and replace persons to act as District Registrars in such parts of the Colony as he shall think fit, according to such directions as he shall think proper. 3. All fees for office copies shall be taken to the proper use of the Officer by whom or under whose authority the same office copies shall be made or certified. 4. All duties which in England may be performed by the Accountant General, may in this Colony, until an Accountant General of the Supreme Court shall be appointed, b€\ performed by the Judge of the Supreme Court; but no fees or percentage shall be taken in respect thereof; and all duties which may in England be performed in any of the Superior Courts of Common Law, by any Associate, Master, or Chief Clerk of any such Courts, or of any Judge therein ; or in the High Court of Chancery by any Chief Clerk, Mas- ter, Registrar, Examiner, Record and Writ Clerk, Taxing Master, or Secretary; or in Bankruptcy by any Registrar or Official Assignee; or in Lunacy or in the Court of Probate, by any Registrar, Record Keeper, Sealer, Secretary, or Clerk, may lawfully be done in this Colony by any person appointed to act as Registrar of the Supreme' Court of Civil Justice. Provided, always, that it shall be lawfiii for the Governor, at any time hereafter by instrument in writing, to appoint some other person to perform any of the functions authorized itt this Section to be performed by the Judge and Reg- istrar of the Supreme Court respectively, with such provisioBS and directions as to salary and otherwise as he shall think fit. fees not mentioned ^- ^^^ ^^1 matters and proceedings, not mentioned in the in Schedule to be Schedule hereto, for which fees are chargeable under the English to English practice, practice, the same fees and duties shall be chargeable and paid hereunder as are now payable under such practice. Schedule. Date of operation. Short Title, 6. The Schedule hereto annexed shall be part of this Ordinance. 7. This Ordinance shall have force from the first day of January, 1865, as to the application of fees; and from the first day, of May, 1865, as to the amounts to be taken. 9. This Ordinance shall be cited as " The Supreme Court Fees Ordinance, 1865." 194 ^[28 Vict.] Supreme Court Fees. [No. 60.] SCHEDULE. A.D. 1865. Fees to be taken in Common Law and Chancery Proceedings. je s. d. Every writ (except writ of trial or subpcena) 8 Uvery concurrent, alias, pluries, or renewed writ 4 Jivery writ of trial 4 Hveiy writ of subpoena before a judge or master 2 jGvery writ'of subpoena before the sheriff ., 2 .^very appearance entered 4 Kling every affidavit'or other proceeding 2 Amending every writ' or other proceeding 4 Every ordinary rule , 2 JiVery special rulcj not exceeding 6 folios 8 JJvery special Tule, exceeding 6 folios, per folio 1 Note. — ^Flans, sections, &e., accompanying rules, to be paid for by the party taking the rule, according to the actual cost. Every judgment by default 6 Every final judgment; otherwise than judgment by default 10 Taxing every bill of costsj not exceeding 3 folios 5 Taxing every bill of costs, exceeding 3 folios, when taxed as between party and party, per extra folio. 1 Taxing every bill of costs, same as between attorney and client, per folio.... 2 Every reference, enquiry, examination, or other special matter refer- red to the master, for ev«iy meeting not exceeding one hour 10 For every additional hour, or fraction thereof 10 For payment of money into Court, viz, : — For every sum mider £50.... 5 Over £50 and under £100 10 Over £100 10 Every certificate ......;....: 4 All. office copies of documents, per folio 1 Every search 2 Every affidavit, affirmation, ifec, taken before the Registrar 3 Every allowance and justification of bail ; 3 For taking special bail as a commissioner 4 Filing afSdavit and enrolling articles previous to the admission of an attorney 15 Every re-admission of an attorney 5 Every record of nisi prius, entered for trial 15 Every trial of a cause, from plaintiff 10 Every trial of a cause, from defendant 15 Every trial of a cause, if the trial continues more than one day, then for eveiy other day, from plaintiff and defendant, each 10 Returning the postea 5 Every cause made remanet, at the instance of the parties, to be paid ' by plaintiff or defendant; as the case may be 10 195 A.D. 1865. [No. 60.] Supreme Court Fees. [28 Vict.] £ 8. d. Every cause withdrawn, to be paid by the party at whose instance it is withdrawn 10 Be-enterlng every record of nisi prius, made remanet, &c 4 Every reference, from plaintiff and defendant, each 5 Every amendment of any proceeding whatever , 4 Every order or certificate , 8 Every special case, or special verdict, in 'addition to the charge for engrossing and copying at the rate of [Is.] per folio, from plaintiff and defendant, each 1 Every summons to try an issue before the sheriff 2 ,Every other summons whatever, whether in term or vacation 3 Every order to try an issue before the sheriff. 2 Every other order whatever of an ordinary nature 3 Every order of a special nature, such as : reference to arbitration, or attendance of witnesses at arbitration ; service of process on person resident abroad ; reference to the master to fix sum for final judg- ment, revival of judgment, and the like 7 Every fiat, warrant, certificate, caveat, special case, special verdict, or the like ,. 7 Every affidavit, affirmation, &c., whether in term or vacation, each deponent 4 Every admission of an attorney 5 Every commission for taking affidavits or special bail, engrossing and sealing 1 10 Every other commission for any purpose whatever, engrossing and sealing 15 Every, acknowledgment by married women 10 Office copies of judges' notes, or of any other proceeding whatever, per folio 1 Every cognizance or bond of any description whatever 15 Every allowance of writ of error 10 Bail on cepi corpus, habeas corpus, writ of ejectment. 4 Delivering bail piece off the file, or justification of bail 4 Every committal 6 Every exhibit signed by the judge 1 Producing judge's notes 5 Bill of exceptions signed by judge 5 Crown revenue cases, from defendant 5 Attendance as a commissioner to take affidavit, &c., or at a judge's house, or elsewhere at the request of parties..., 1 10 In cases where the party has been allowed to sue in forma pau- peris the fees are not to be demanded or taken, nor in cases where such fees would be payable by any Kevenue or other Government Department. All other fees than those before mentioned are hereby abolished, and are not to be taken by any person under any pretence what- ever. In Bankruptcy. The fees to bs taken in all parts of the Colony should be the same aa those taken in England, as authorized by Schedule C. to the Act of 12 & 13 Vict, 196 [28 Vict.] Imprisonment Exemption. [Fo. 61.] 0. 106, s. 48, and by the General Order in Bankruptcy, 31st May, 1850, and ^.p. 1865. the Eule 130 as to the allowances to the OflScial Assignee foJ collecting the Bankrupt's estate. But the judge may, on application, certify for a larger allowance on collec- tions where he shall be satisfied that the allowances authorized as aforesaid do not cover the actual expense, and no Official assignee shall in such case retain more lihan the amount so certified. In Lunacy. Such fees as are directed by the Act of the Imperial Parliament, 16 & 17 Vict., 0. 70, s. 31. In Probate. [See Act of 1857, s. 95.] Generally. As to all proceedings on all instruments and attestations to which the Seal of ■the Court shall be attached, either necessarily or at the request of the party, a fee of 4s. shall be taken, unless such instrument be already under this Ordi- nance chargeable with a fee (other than office copy fees) of the like or larger amount. All office copies made or certified by the proper officer shall be charged at the rate of Is. per folio of every 72 words. In all payments, all coins may be accepted at the rates at which the same may actually be current at the place of payment. No. 61. An Ordinance respecting Arrest and Imprisonment for Debt. A.D. 1865. [IKA April, 1865.] BE it enacted by the Governor of British Columbia, by and with the advice and consent of the Legislative Council thereof, as follows: — 1. No person shall be arrested or imprisoned on any judgment imprisonment for whatsoever, recovered against him as a Debtor at the suit of any ^*^* ^^'^^ '**^*' person, and any person under arrest or imprisonment, or order therefor, at the time of the passing of this Ordinance, on any such judgment shall, if not already discharged, be within fifteen days after the passing of the same discharged from such arrest or imprisonment, or order therefor; but, notwithstanding such dis- charge, every such person shall be subject to be arrested again, as hereinafter provided. 2. Process of contempt for non-payment of any sum of money, Contempt for non- or for non-payment of any costs payable by any decree or order in P*y™«it of ooats, ^ ' ■' ^'' J J and arrest for non- 197 [No. 61 .J Impngonment Exempium. [28 Viot.] A.D. 1865. Chancery, is abolished; and no person shall be detained, arrested, or held to bail for aon-payment of money, except as hereinafter aboUahed," save °2 mentioned, and unless a special order for the purpose be made on ■ Sier^ excepted. an affidavit establishing the same facts and circumstances as are necessary for obtaining a writ of capias ad satisfaciendum under this Ordinance, and in such case the arrest when allowed shall be made by means of a writ of attachment, corresponding as nearly as may be to a writ of capias ad satisfaciendum. The affidavit for ^' I^^ ^ases in which the defendant has been held to special bail special bail on a ca. upon a Writ of capias ad respondendum, or upon a writ of oae exeat a ca. sa, regno, issued on a Judge's order, it shall not be necessary after judgment signed, or decree made, before suing out a writ of capias ad satisfaciendum, or a writ of attachment, to obtain a Judge's order for the issuing thereof, or to make or file any further or ottier affidavit than that upon which the order authorizing the defendant's arrest was obtained in the first instance ; but where the defendant has not been so held to special bail, if the plaintiff in the action, by the affidavit of himself or some other party shows, to the satis- faction of a Judge of the Supreme Court of Civil Justice, or if the case be in a County Court, shows to the Judge or acting Judge of auch Court, that he has recovered judgment or obtained a decree for the payment of money against the defendant for the sum of twenty pounds or upwards, exclusive of costs, and also by affidavit shows such facts and circumstances as satisfy the Judge that there is good and probable cause for believing either that the defendant, unless he be forthwith apprehended, is about to quit this Colony, Where fraud proven with intent to defi-aud his Creditors generally, or the said plaintiff a ca. sa. may issue. -^ particular, or that the defendant hath parted with his property, or made some secret or fraudulent conveyance thereof, in order to prevent its being taken into execution, such Judge may, by a special order, direct that a writ of capias ad satisfaciendum, or a writ of attachment, as the case may be, may thereupon be issued, according tp the practice of the. Courts in which the proceedings in the first instance ha,ve been instituted. Sheriff may take a *' !^^^ ^^^"5 "^^^ ^^"^ *°™ ^"^ ^^^^°^ confined in- any gaol limit bond, and on of this Colony in execution under this Ordinance, or upon mesne Judge is'^dkcharled P^ocess a bond with two or more sufficient sureties, to be jointly from liability, and Severally bound in a penalty of double the amount for which sucb Debtor is so confined, c&nditioned that sucb Debtor shall abide and remain within the limits of the Colony, and shall not depart therefrom unless duly discharged from custody in the suit or matter upon which he is so confined, and also that such Debtor willj during all the time that he is subject to such custody, observe and obey all IfTotices, Orders, or Rules of Court touching or concerning such Debtor, or his answering interrogatories, or his appearing to be examined viva voce, or his returning and being remanded into close custody, and that upon reasonable notice, to them or any of 198 [28 Vict.] Imprisonfrieni Mxempiioli^ [No. 61. j them, requiring them so to do, they will produce such iDebtor forth- A.D. 1865.- with to the "Sheriff, and also that the said D'ebtor will cause the said ^^^ bond, or the bond that may be substituted for the same, according* to the provisions hereinafter contained, to be allowed by a Judge of the Supreme Court of Civil Justice or of the County Court of the District wherein the Debtor is confined, and such allowance to be endorsed thereon by the said Judge; and for this purpose, the Sheriff shall, upon reasonable notice given by the' Debtor, cause such first mentioned bond to be produced before the Judge, and upon such allowance being so endorsed, the Sheriff shall be dis- charged from all responsibility respecting such Debtor, unless the Debtor be again committed to the close custody of stich Sheriff in due form of Law. 5. The Sheriff may also require each surety, when there are only gnrety to swear ia two, to make oath in writing, to be annexed to the bond, that he is cutaiificationv a freeholder or householder in some part of the Colony, stating where, and is worth the sum for which the Debtor is in custody (naming it), and One hundred pounds more, over and above What will pay all his debts, or where there are more than two sureties^ then he may require each surety to make oath as aforesaid, that he is a freeholder or householder as aforesaid, and is worth one-half the sum for which the Debtor is in custody (naming it) and One hundred pounds more, over and above what will pay all hi& debts-^ 6. The application for the allowance aforesaid shall be by motioii j^^ ^, ti -^ ^ of the Debtor, and four clear days' notice thereof shall be given in ^ov obtained, writing to the Plaintiff, his Counsel, or Attorney, who at the time of such motion may object to the sufficiency of the sureties; and if the Judge refuses his allowance of the bond, then the Debtor may cause another bond, made to the Sheriff in the same terms and under the same conditions, to be executed without any further application to the Sheriff, and may move in like manner and upon the like notice for the allowance thereof; and such bond if allowed and endorsed as aforesaid, shall be substituted for, and take place of, and have the like effect in all respects, and the like remedies shall be had thereon, as the bond so first given to the Sheriff as aforesaid would have had upon the allowance thereof, and such first given bond shall thereupon become void. 7. Upon receipt of such bond, accompanied by an affidavit of a q„ receipt of Htait subscribing witness of the due execution thereof, and by the tond, Sheriff may sureties' affidavits of solvency if required by the Sheriff, the Sheriff ""^'^^^^ P"soner. may permit and allow the Debtor to go out of close custody in gaol into and upon the limits of the Colony. 8. In case the Sheriff has good reason to apprehend that the But may re-arrest, sureties, or any of them, have, after entering into such bond, be- come insufficient to pay the amount by them severally sworn to, he may again arrest the Debtor and detain him in close custody. 199 [No. 61.] Imprisonment Exemption. [28 Vict.] A D 1865 ^' "^^^ sureties of the Debtor may plead such arrest and detention in bar of any action brought against them upon the bond entered charge'sureties!^" into by them, and such plea, if sustained in proof, shall wholly dis- charge them from such action; and the Debtor may again obtain the benefit of the gaol limits on giving to the Sheriff a new bond with sureties as aforesaid. Assignment of limit 10. Upon breach of the condition of any such bond, the party bond on breach. ^^ whosc Suit the Debtor is confined, may require the Sheriff to as- sign the same to him, and such assignment shall be made in writing, under the seal of the Sheriff, and attested by at least one' witness, and the assignee of the Sheriff, or the executors or administrators of such assignee, may maintain an action in his or their own names upon such bond, which action the Sheriff shall have no power to release, but upon executing such assignment at such re- quest, the Sheriff shall be thenceforth discharged from all liabihty on account of the Debtor or his safe custody. Sureties may sur- H- The Sureties of any such Debtor may surrender him into the render prisoner. custody of the Sheriff at any gaol within the Colony, and the Sheriff, his Deputy, or Gaoler shall there receive such Debtor into custody, and the sureties may plead Buch surrender or an offer to surrender, and the refusal of the Sheriff, his Deputy, or Gaoler to receive the Debtor into custody at the gaol, in bar of any action brought on the bond for a breach of the condition happening after such surrender or tender and refusal, and such plea, if sustained in proof, shall dis- charge them from the action, but such Debtor may again obtain the benefit of the limits on giving to the Sheriff a new bond, with sureties as aforesaid. Fi fa ma still is- ^^' -^^°®pt ^^ provided in this Ordinance, the party at whose sue after the ca. sa. suit any Debtor is confined in execution, may, whenever such Debtor has taken the benefit of the limits, sue out a writ of fieri facias against his lands or goods, notwithstanding such Debtor's having been charged in execution, and such writ shall not be stayed, but shall be proceeded with until executed, although such Debtor be recommitted to close custody; but the wearing apparel of the Debtor and that of his family, and their beds and bedding, and household utensils, not exceeding together the value of ten pounds, and the tools and implements of the trade of such Debtor), not exceeding in value ten pounds, shall be protected from such writ of fieri facias. Discharge from ca. ^^' -^^^^ person arrested or imprisoned under a writ of capias' ad sa. how obtained, satisfaciendum, or under a writ of attachment, under this Ordinance, may apply for and obtain his discharge upon showing, under oath, to the satisfaction of the Judge of the Court from which such writ has issued, that he has satisfied the debt, or that he has no property wherewith to pay his execution Creditor, and that he is not about to leave the Colony, and that he has not made any fraudulent dis- 200 [28 Vict.] Imprisonment McdmpUoHj [Ko. 41.] position or conveyance of his property, or any fortiori thereof, with A.D. 186&. intent to defeat or delay such Creditor, or his Creditors generally) provided, however, that reasonable notice in writing of such in- tended application shall, when practicable, be given by such Debtor' to his execution Creditor; and in cases when service of such notice is impracticable or difficult, such proceeding shall lye taken as may, in the discretion of the Judge, be ordered in that behalf. 14. None of the foregoing provisions relative to the discliarge Criminals not enti." from custody, or admission to bail, shall extend or be applicable; to ^^le^ to discharge, any persons who are in custody upon any criminal charge. 15. In case any party has ohtained a judgment or decree for the Examination of payment of money in the Supreme Court of this Colony, such party ^^ ^^^^ ® ° ' or any person entitled to enforce such judgment or decree may apply to a Judge of such Court for a rule or order that the judg- ment Debtor shall be orally examined upon oath before him, or before any other person to be named in such rule or order, touching his estate and effects, and as to the property and means he had when the debt or liability which was the subject of the action in which judgment has been obtained agaiinst him was incurred, and as to the property and means he etill hath of discharging the said judgment, and as to the disposal he may have made of any property since contracting such debt or incurrmg such liability^ and in oase such debtor does not attend as required by the said rule or order, and does not alleige a sufficient excuse for not attending, or if attending, he refuses to disclose his property, or his transactions respecting the same, or does not make satisfactory answers con- cerning the same, or if it appears from such examination, or other- wise, that such Debtor has concealed or made away with his property, or any part thereof, in order to defeat, delay, or defraud his Creditors, or any of them, such Judge may order such Debtor to be committed to the common gaol of the district in which he resides, for any time not exceeding twelve calendar months, or may by rule or order direct that a writ of capias ad satisfaciendum, or writ of attachment, as the case may 'be, be issued against such Debtor, .and a writ of capias .ad isatisfaciendum may thereupon be issued on such judgment, or in case such Debtor enjoys the benefits of the gaol limits, such Judge may make a rule or order for such Debtor being committed to close custody. 16. In case of the discharge, under this Ordinance, of any per- son arrested or imprisoned under a writ of capias ad satisfacieaidum er ^undefl^a^'sa!"' or under a writ of attachment, all the rights and remedies of the ?°*, *°x?''^^''' ''"?^' . 1 ^ T . ■, „ , . , tor's other remedies, judgment Creditor, against the property of the judgment Debtor, shall be the same as if such writ of capias ad satisfaciendum or writ of attachment had never issued or been executed, and the costs incidental thereto shall be costs in the cause. 201 A.D. 1865. Short Title. [No. 62.] Orovm Officers' Salaries UxUnsion. [28 Vict.] 17. This Ordinance shall be cited as the "Imprisonment Exemp- tion Ordinance, 1865." No. 62. A.D. 1865. An Ordinance respecting the Salary of the Ofl&ce of Governor, lllih April, 1865.] Preamble. WHEREAS by the "Crown Officers' Salaries Act,, 1863," the II minimum annual Salary of the Governor of British Columbia, was permanently fixed at Three thousand pounds, with allowances: And whereas the Legislative Council of British Columbia by unanimous Resolution duly passed on the 7th day of March, in the year of Our Lord One thousand eight hundred and sixty-five, prayed that owing to the decided progress that ■ had taken place in the Colony, and to the increased responsibilities that had therefore devolved upon the head of the Executive, the Salary of the Gov- ernor might be increased One Thousand Pounds, and that au Ordinance might be sent down to the Council to enable the said increase to be duly made, and that the same might be embodied in the permanent Law above referred to : And whereas it is expedient that such Resolution should be carried into efiect: Be it enacted by the Governor of British Columbia, by and with the advice and consent of the Legislative Council thereof, as follows : — 1. From and after the passing of this Ordinance, it shall be law- ful for Her Majestyj Her heirs and successors at all times hereafter, out of the General Revenue of the Colony of British Columbia, from whatever source arising, to take, pay, and apply to the Governor of British Columbia, in addition to the said minimum annual payment of Three thousand pounds, with allowances, the further annual sum of One Thousand Pounds Sterling. Suspending clause. 2. Provided that no payment shall be made hereunder as afore- said, until Her Majesty's confirmation of this Ordinance shall have been first duly proclaimed. 3. This Ordinance shall be cited as the "Crown Officers' Salaries Extension Ordinance, 1865." Authorizes increase to salary of £1000. Short Title. 202 [28 & 29 Vict.] IntermHoml Telegraph Extension. P^os. 63 & 64.] No. 63. An Ordinance further to facilitate the Construction of the A.D, 1865 Overland Telegraph. Vide No. 64. inth April, 1865.] WHEREAS Perry Macdonough Collins has transferred all his Preamble, right and interest in the Overland Telegraph and in the privileges conferred hy the "International Telegraph Ordinance, 1865," to the "Western Union Telegraph Extension Company:" And it is expedient to grant to such Company further privileges and immunities for the construction of the said Telegraph, land to alter and extend the " International Telegraph Ordinance, 1865," accordingly : Be it enacted by the Governor of British Columbia, by and with the advice and consent of the Legislative Council thereof, as follows: — 1. Clause 13 of the said "International Telegraph Ordinance, Repeals clause 13 of 1865," is hereby repealed. international Tele- ' ./ jr . graph Ordinance, 2. The said ""Western Union Telegraph Extension Company," ^^^' shall be Incorporated in this Colony, and be capable of suing and egraph Company to being sued by that name as a Corporation in all Courts in the the'ooiony.**"^ ''^ Colony, and shall have a Common Seal bearing the said Corporate name, cognizable in all such Courts. 3. Such Company shall have and maintain during the term of Head office to be at the said Ordinance, a head of&ce at ISTew Westminster. ^'"^ Westminster. 4. Every delivery of a document or notice at such office, affecting Delivery of notice or relating to the" said Company, shall be a good and sufficient *^lll^^ *° ^^ ^"®" delivery and notice, according to the tenor thereof, upon such Company for all purposes whatsoever. 6. This Ordinance shall be cited as " The International Tele- short Title, graph Extension Ordinance, 1865." No. 64. An Ordinance to incorporate The Western Union Telegraph ^ -p ^ggg Company, in lieu of The Western Union Telegraph Motension — Company. ISlsi January, 1866.] WHEEEAS the association of persons engaged in the construe- Preamble, tion of Collins' Overland International Telegraph, have requested to be incorporated by Statute, under the more appropriate name of the Western Union Telegraph Company, in lieu of that 203 pfo. 64.] International Telegraph. [29 Vict.] Change of name. Saving existing rights. Incorporation of the Company. A.D. 1866. of *^6 Western tJnion Telegrapli Extension Company ; and it is — expedient that tlie Statute Law of the Colony in that behalf should be modified accordingly : Be it therefore enacted by the G-overnor of British Columbia, by and with the advice and consent of the Legislative Council thereof, as follows : — 1. The name of the Western TJnion Telegraph Extension Com- pany in " The International Telegraph Extension Ordinance, 1865," mentioned, shall be and is hereby changed to that of the " Western TJnion Telegraph Company." Provided that all acts, and documents, and things heretofore lawfully made, doije, or committed by or with the Western TJnion Telegrapb Extension Company, shall be and be deemed and taken to be, and to have been, made and done by or with the Western TJnion Telegraph Company, and be valid accordingly, 2. The said Western TJnion Telegraph Company is hereby incorporated by that name, with perpetual succession, and a com- mon seal, which seal, bearing that corporate name, shall be cognizable in all Courts of the Colony, and the said Company and their successors are hereby empowered to sue and be sued in all Courts, by euch corporate name. 3. The rights, powers, privileges, and franchises, for or in respect of Ihe construction and maintenance of the Overland International Telegraph, conferred or intended to be conferred on the said Western TJnion Telegraph Extension Company by " The Interna- tional Telegraph Extension Ordinance, 1865," or other Ordinances, shall be, and be deemed to have been, and are hereby transferred and granted to the said Western TJnion Telegraph Company, their- successors and assigns, as fully and effectually to all intents and purposes as if the last named Company had been expressly desig- nated in that behalf in the said Ordinances; subject always, never- theless, to all and eVery the same conditions, provisions, and stipulations of forfeiture and otherwise, under which the said Western TJnion Telegraph Extension Company, by any such said Ordinances, or any Statute of the said Colony, relating to Collins' Overland International Telegraph, held or was intended to hold the same. Head o&oe. 4. Such Company shall have and maintain during the subsistence ofthe term granted by "The International Telegraph Ordinance, 1865," a head office at N"ew Westminster. Notice. 5. Every delivery of a document or notice at such office affecting or relating to the said Company, shall be a good and sufficient idelivery and notice, according to the tenor thereof, upon such Company for all purposes. Short Title. 6. This Ordinance shall be cited as " The International Tele- graph Ordinance, 1866." Transfer of existing Telegraph privileges to Western TTnion Telegraph Go. Subject to thfe ex- isting conditions limiting such pri- vileges. 204 [29 Vict.] Companies. [No. 65,] :No. 65. An Ordinance to amend the Law relating to Joint Stock A.D. 1866, LompanieS. amended and cx- [8th March, 1866.] tended to V. I. by ^ No. 129. WHEREAS it is expedient that the Laws relating to the Ineor' Preamble, poration, Eegulation, and Winding up of Trading Companies and other Associations should be consolidated and amended: Be it therefore enacted by the Governor of British Columbia, by and with the advice and consent of the Legislative Council thereof, as follows: — 1. The "British Columbia Joint Stock Companies' Act, and the Repeal of B.C. Joint stock Co s Act, and "Mining Joint Stock Companies' Ordinance, 1864," are hereby Mining Joint stock repealed. Ordinance, 1864. 2. An Act of the Imperial Parliament, passed in the Session of Imperial Act The Parliament holden in the 25th and 26th years of the Reign of Her i8°6™fin forct"*' Majesty Queen Victoria, chapter 89, intituled "The Companies' Act, 1862," shall, from and after the passing of this Ordinance, be and have, as far as practicable, and save as hereinafter altered and modified, the force of Law in this- Colony. 3. The expression "the Court" as used therein shall, instead of The expression "tb« the interpretation given thereto in Clause 81 of such Act, mean the Si°e"supr^me clTur't Supreme Court of Civil Justice of British Columbia, and any of Civil Justice of Judge of such last mentioned Court shall have and exercise all the judge thereof to powers in and by the said Act conferred upon the Lord Chancellor ^ave powers of Lord and Vice Chancellor. 4. The power given to Companies to empower any person as Power to execute their Attorney to execute deeds on their behalf, in any place not unl.ted°Kin*^d''m situate in the United Kingdom, shall apply to the execution of deeds in this Colony, and such authority shall include a power to Companies in this Colony to empower an Attorney to execute deeds on their behalf in the United Kingdom. 5. All fees payable under this Ordinance, shall be the same as pees payable the those payable under ",The Companies' Act, 1862;" provided, ^^™^ *^ *'"'^^ *" however, that such shall be collected in the ordinary way, and not by stamps, and be paid into the Treasury of this Colony to the use of Her Majesty, Her heirs and successors. 6. Until some other person or persons shall be appointed in that colonial Secreta behalf by the Governor, the Colonial Secretary of British Columbia ^° be substituted for shall have and exercise all the powers and duties of the Board of °^^ ° ''^^^' Trade, in the said Act mentioned. The Official Liquidator therein mentioned, shall be appointed by the said Supreme Court of Civil ' Justice. 205 pSTo. 6S.J Companies. [29 Vict.] A.D. 1866. '^- Notices, by tlie said Act required to be published in the — - gazettes and newspapers therein mentioned, shall, instead thereof, given. ^ ' be published in the Government Gazette, and in such other news- papers as may be ordered. Mining Companies 8. When Companies are formed in this Colony for Mining pur- be incorporated by poses, all papers and documents required to be registered under the °^*^'°!°sCertificate g^j^ j^^^ W\'da. the Registrar of Joint Stock Companies may, instead a Gold Commis- thereof, be registered with any Gold Commissioner or Assistant ^'°"®'' Gold Commissiojier; provided, that in such cases every such document shall be delivered to him in duplicate, and upon receipt of the same and of the fees for registration, and upon the require- ments of the Act being fulfilled, such Company shall receive from the said Gold Commissioner the usual Certificate of registratipB^ and upon such Certificate being granted the Company shall be deemed to be duly Incorporated, and the duplicate of all such docu- ments above mentioned and of the Certificate of registration shall be forthwith transmitted by such Gold Commissioner to the Eegis- trar of Joint Stock Companies, and such Certificate of registration shall have the same force and effect as if it had been granted by such Eegistrar, and shall be received in any Court as evidence, in like manner as the Certificate of registration of such' Eegistrar. Keqnirements as to 9. All the requirements of the said Act as to registration there- Companies' Act, under of Companies already registered, shall apply as well to 1862, and Part IX. ]yj;iQing Companies now formed in this Colony under the "Mining incorporated Com- Joint Stock Companies' Ordinance, 1864," as to all other Joint panies. Stock Companies formed under the Joint Stock Companies Acts hereby repealed; and all the provisions of Part IX. of the said Act, save as hereinbefore altered, shall apply to all Mining Companies heretofore or hereafter Incorporated. Except to Compa- ' 10. IS'othing herein contained shall in any way be construed to de?th?GoirMin?ng-i^t6rfere with the provisions of the " Gold Mining Ordinance, 1865," Ordinance, 1865. but all the provisions for winding up Companies under this Ordi- nance shall be extended and applied to Mining Companies regis- tered under the provisions of Part VII. of the said " Gold Mining Ordinance, 1865." General Orders and H- The Genera] Orders and Eules for regulating the practice and yember,^\^62 ^u' ^°^^ of procedure Under this Ordinance in this Colony, shall be force he're. ' those of the High Court of Chancery of England, bearing date the 25th day of November, 1862; provided, that it shall be lawful for the Judge of the Supreme Court of Civil Justice of British Col- umbia, with the sanction of the Governor, to modify or alter the same when expedient. '■ Short Title. 12. This Ordinance shall be cited as "The Companies' Ordi- nance, 1866," 206 [29 YiCT,] Sinking Fund.— Williams Greek Flume. [Nos. 66 & 67.] No. 66. Ah Ordinance regulating the Investment of Sinking Funds of A.D.1866. Public Loans. [15fh March, 1866.'] - TX7HEREAS it is expedient to facilitate the investment of the Preamble. Sinking Funds of British Columbia Loans in securities of this as well as of other Countries : Be it enacted by the Governor of British Columbia, by and with the advice and consent of the Legislative Council thereof, as follows : — 1. Notwithstanding anything to the. contrary contained in any of Power to invest the Proclamations and Ordinances intituled respectively « The Britiltfco"umb^ British Columbia Loan Act 1862," " The British Columbia Loan Securities. Actl863,"and "The British Columbia Loan Act, 1864," it shall be lawful for the Trustees of any Sinking Fund created under any of such Proclamations or Ordinances, from time to time, and at any time hereafter, under the directions of the Secretary of State for the Colonies, and the instructions of the Govenor of British Columbia, to invest the amount of any such Sinking Fund, and the accumulations thereof, in any Debentures or other Government Securities of British Columbia, as well as in Imperial Securities, or the Securities of other Colonies. 2. The said Trustees may hold every such British Columbian Provision for con- Debenture or Security uncancelled, and may receive and invest the o° g„ch^ °/rch'a"^^d' interest accruing thereon for the purpose of the Sinking Fund, in Securities and non- the same manner as the Debentures of any other Colony, under the benturM.'""^ ° ^' provisions of the said Proclamations or Ordinance. 3. This Ordinance may be cited as " The Sinkifig Fund Ordi- short Title, nance, 1866." No. 67. An Ordinance conferring certain privileges on the Williams j^-q ^^qq Creek Bed-Rock Flume Company. — [29i!A March, 1866.] WHEREAS the " Williams Creek Bed-Rock Flume and Ditch Company, Limited," have applied for a grant of certain mining rights and privileges, in order to enable the Company to complete the Flume now in course of construction by them on Williams Creek, in the District of Cariboo East: ^ 207 Preamble, [Ko. 67.] 'Williams Greek Flume. [29 Vict.] A.D. 1866. Grants the follow- ing privileges : Exclusive Hght of way; The exclnsive right for 10 years to 150 feet of vacant ground measured across the flume ; The rights in claims to privileges of sec. (/.) c. 55, of "Gold Mining Ordinance, 1865;" Exclusive right to mine ground above the upper line of California claim ; And whereas it is deemed expedient to grant the rights and privileges sought to be obtained, and it is deemed also desirable to state and- express in this Ordinance all that hath been and that is hereby granted : Be it therefore enacted by the Governor of British Columbia, by and with the advice and consent of the Legislative Council thereof, as follows: — 1. From and after the passing of this Ordinance, the " "Williams Cteek Bed-Eock Plume and Ditch Company, Limited," their successors and assigns, shall have and enjoy, upon the conditions hereinafter mentioned, the following rights and privileges, for and during a period of ten years : — (a.) The exclusive right of way through all mining ground, for the construction, maintenance, and cleansing of a bed-rock flume, of such size and dimensions as the Company may determine upon, from a point commencing at the upper line of the IBurn's Tunnel, on "Williams Creek, and running thence up stream to the upper line of the ground of the Steele Company, now known as the California Company, together with the right in claims along their line of flume, legally held and worked between the points aforesaid, to use ten feet of ground on each side of the flume, for constructing, maintaining, and cleansing such flume : (6.) The exclusive right, vdthin the above mentioned limits, without having to record the same, to one hundred and fi% feet in breadth of all mining ground vacant or abandoned at any time on and after the 1st day of July, 1864, during the said period often years; such one hundred and fifty feet to be measured across or from either side of the said flume, and such ground need not be staked oat, except upon the Company being required so to do by the Gold Commissioner of the District: (c.) The right in claims lying between the points aforesaid not " colourably " worked, and through which the bed-rock flume passes, to the benefit and privileges conferred by Section (/), Clause 65, of the " Gold Mining Ordinance, 1865 :" (d.) The exclusive right, save as herein excepted, to hold and mine all ground on the said creek, situate above the said upper line of th-e California Company, and lying and being between such line and a "point marked by a stake ipith the Company's nam.e thereon, three miles up stream, save and except the mining ground within such limits, claimed and held on the 1st day of July, 1864, by th« Miowiog Com- panies, that is to siiy : the Dutch Bill, Brouse, "Wilson and Simmons, and Hoffman, and in and from the ground 89 lastly mentioned, the said Bed-rock 3Fluifl'e Company i 208 [29 ViOT.] WilUams Greek Ftume. pJo. 61.'] be entitled to tte ri^lits of way arid privileges hereby grant- A.I). 1866. ed in Section (ai) of Clause 1 of this Ordinance, and also to the benefit and advantage of Section (/), Clause 55, of the "Gold Mining Ordinance, 1865," and sutfh further compen- sation for drainage from the said Companies as the Gold Commissioner of the District may consider just. Provided, howB'Ver, and notwithstanding the grant above made, that it shall be, lawful for the Gold Co.namissiouer of the District, on and after the completion of every lOO leet ©f flume, to curtail and narrow the said grant to a piece of ground 150 feet in width along the line of the said flumC, and order the Company to measure and define the same as hereinbefore provided : (f) The exclusive, right to the use of the water of the creek foB The exciusire right the pujpose of working the said flume. Provided, however, n^gT**^"^ °^ *''* that mining companies along the^ flnime lime skail be at liberty to take from the flume such water as. they may ab- solutely rec[uire for mining, purposes, but apon conditioni thait they shaJl return the water so taken, witb the least possible waste, to the bed of the flume at the nearest point possible. In no event, however, shall any miner or miners be per- mitted to obstruct, by mining dams or otherwise, the water in the fltime, or the- free working thereof Provided, how- ever, that the said Company shall in no case interfere with any duly recorded ditch rights. or privileges now existing. (/.) The right of way for the Ditch of the Company, constructed^ Eight of way for between Jack of Clubs Creek and Williams Creek, with the Company's ditch ; like right of way for extending and continuing such ditch, if necessary, and the exclusive right to 1,000 inches of water, to be taken from Jack of Clubs Greek, as at present through Mink Gulch, and the like right to take the said quantity of water from Ground Hog Lake, and conduct the same through the bed of Jack of Clubs Creek, and it is expressly declared that the channel of Mink Gulch and the bed of Jack of Clubs Creek as at present used shall, for the purposes mentioned, be considered and form part and parcel of the ditch of the Company. {g.) The right to all the gold taken out of the ground so granted Eight to gold in the as aforesaid, and to all the gold in their flume. ^""'®- 2. In consideration of the grant of the above rights of way, and Terms to he obaerv- and mining and ditch privileges, the said Company, their successors ^^ '• and assigns, shall fulfil and observe the terms and conditions following, that is to say : — (a.) They shall, on the 1st day of June, in each and every year of $25 rent a year for the said term often years, pay to the use of Her Majesty, ^^'^'^''^if^'iiegr^nt- 209 [No. 67.] WUliams Creek Flume. [29 ViOT.] A.D. 1866. -^^^ heirs and succes.sors, the sum of twenty-five dollars for each and every half-mile of right of way for the flume hereby granted, and by them retained; and it shall be lawful for the Company to abandon any portion thereof by giving notice in writing of such their intention, to the Gold Com- missioner of the District. Ditch privileges (6. They shall hold and enjoy the ditch privileges hereby con- X^of "^doidMirhr ferred, subject to the terms and provisions of Part X. of the Ordinance, 1866. Interpretation Clause. 'Gold Mining Ordinance, 1865." 3. And whereas doubts have arisen, or may arise, as to the construction of the latter part or proviso of Section (/), Clause 55, of the "Gold Mining Ordinance, 1865," herein referred to, it is hereby declared that the same shall be construed as follows, that is to say: — That where any advantage, equivalent to the cost of making the cut, may accrue to the individual claimholderby reason of such flume being laid through the claim, the Bed-rock Flume Company shall be entitled to the actual cost of mak'ng such cut and laying the flume, and such cost shall be a charge not only on the gold taken out of the cut but also on such individual claim. Saves rights hereto- 4. Nothing herein contained shall be construed so as to interfere fore granted. with any agreements heretofore entered into by the said Company, in respect of the purchase of a portion of the said right of way or otherwise. Short Title. 5. This Ordinance shall be cited as "The "Williams Creek Flume Ordinance, 1866." 210 THE LAWS OF BRITISH COLUMBIA, SINCE THE UNION OF THE TWO PORMBKLY SEPARATE COLONIES OP "VANCOUVER ISLAND AND BRITISH COLUMBIA. No. 68. An Ordinance to assimilate the Law relating to Sheriffs. . -^, ,„„„ ° A.D. 1867. [bih March, 1867.] "IITHEEEAS it is expedient to assimilate the Law relating to „ Vide No. 99, _. J. ._ the Law relatine' to ' ' Sheriffs in all parts of Bi'itish Columbia : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. "The Sheriffs' Act, 1860," is hereby repealed. Repeal of Sheriffs' 2. Whenever any Court of lawful jurisdiction in British Col- Court may appoint umbia shall order or require to be done any act, matter, or thing, sheriff temporarily. which ought by Law to be done by the High Sheriff of British Columbia, or by some person acting under his authority, and no such Sheriff or person shall be present in readiness to do such act, matter, or thing, it shall be lawful for the Judge of the said Court, by writing under his hand, to appoint such person as he shall think 211 [No. 68.] Shenffs. [30 Yict.] A.D. 1867. fi* *o act as Sheriff, taking from the person so appointed such securities for the due performance of his duties as the said Judge shall think proper, and every such appointment shall endure and he in force for the space of one calendar month and no longer, unless renewed by the said Judge or by some competent authority; and it is hereby declared that it shall be lawful for the said Judge to renew such appointments as he shall deem necessary; and every such appointment and re-appointment, and all things which shall be done under the same, shall, with all convenient speed be madie known by the said Judge to the Governor for the time being of the said Colony. Provided, always, that no act or neglect on the part of a person appointed to act as Sheriff under the provisions hereof shall affect the High Sheriff of British Columbia with any personal liability. Sheriff may act ag ^' -^ ^^^^ hitherto done, Or hereafter to be done as a Justice J- P- of the Peace, by any person who while a High Sheriff of British Columbia had or may have any authority or jurisdiction as a Jus- tice of the Peace or Stipendiary Magistrate in the same Colony, shall be and be deemed to have been well and lavt'fully done. Continuance of 4. The Office of High Sheriff shall be tenable during the pleasure °®'=*-l of the Governor of the said Colony; and it shall be lawful for every High Sheriff, and also for every person holding any appointments, to act as for or under a High Sheriff, to continue until supersession or resignation to hold such office or appointment, and to do and exercise all acts and authority which ought to be done or exercised by a Sherifi or Deputy Sheriff. Governor may re- 5. It shall be lawful for the Governor of the Colony before the dis'charBe"of*dutT'^ appointment of any such person to act as High Sheriff aforesaid, to by High Sheriff. require the person so appointed to give good and sufficient security for the due performance of his duties as such High Sheriff, and such security shall be in the, nature of a bond in the usual form, for such amount as may by the Governor be decided upon, and signed by the person so to be appointed and two or more sufficient sureties. Saves rights of ex- ^' Nothing in this Ordinance contained shall be held to invali- isting High Sheriff d'ate the appointment of any High Sheriff, Deputy Sheriff, or Sheriff's Officer already made, or make any re-appointmeatto such offices or any of them necessary ; but all acts, deeds, matters, and' things, permitted, or required toi be done by any such High Sheriff, Deputy Sheriff, or Sheriff's Officer, shall, until any fresh appointr ment, be good and valid as if the said Act were not hereby repealed, Short Title. '^* '^^^* Ordinance may be cited for all purposes as the " Sheriffi' Ordinance, 186,T." 2ia [30 VioT.] Indian Graves. [No-. 69.] No. 69, An Ordinance to prevent the violation of Indian Graves. A.D. 1867. [Sih March, 1867.] TI7HEEEAS it is expedient for the preservation of the ptlblic preamble. peace, to make special provision for the protection of Indian Graves, and articles deposited thereon, and to Assimilate the Law affecting such matters in all parts of the Colony of British Columbia: Be it enacted by the Governor of British Columbia, with the advice ajid consent of the Legislative Council thereof, as follows : — 1. "The Indian Graves Ordinance, 1865," is hereby repealed; Repeal of existing provided, however, that all liabilities and penalties imposed and Ordinance, witli accruing, due under the said repealed Ordinancej and all remedies and punishments for recovering and enforcing the same, shall still, notwithstanding such repeal, remain in full force and effect, and be capable of being enforced and inflicted, as if such Ordinance were still in force, but not further or otherwise. 2. From and after the parsing of this Ordinance, if any person or imposes a penalty of persons shall steal, or shall, without the sanction of the Govern- ^^°?,^°'''',^"°^l°|. ^ ' ' anything from Indi- ment, cut, break, destroy, damage, or remove any image, bones, an Graves, article, or thing deposited on, in, or near any Indian Grave in this Colony, or induce or incite any other person or persons so to do, or purchase any such article or thing after the same shall have been so stolen, or cut, broken, destroyed, or damaged, knowing the same to have been so acquired or dealt with; every such offender being con- victed thereof before a Justice of the Peace, in a sumjnary manner, shall for every such offence be liable to be fined a sum not exceed- ing one hundred dollars, with or without imprisonment for any term not exceeding three calendar months for the first offence, in the discretion of the Magistrate convicting. 3. In any indictment or other proceeding under this Ordinance, porms of indict- it shall be sufficient for all purposes, to state that such grave, ™ent. image, bones, article, or thing is the property of the Crown. 4. If any person or persons, so convicted as aforesaid, shall after- g^^^^^ ^^.g^j. j.^^ wards be guilty of any of the said offences, and shall be convicted bie to 6 months im- tiereof in like manner, every such offender, for such second or hard iXrar^^' subsequent offence, should the convicting Magistrate in his discre- tion so deem meet, in addition to suffering the aforesaid fine, be committed to the common gaol, there to be kept to hard labour, for such term not exceeding six calendar months, as the convicting Justice may think fit. 5. The Short Title of this Ordinance is " The Indian Graves ^^^^^ ^.^^ Ordinance, 1867," 213 [No. 70.] English, Law. [30 "Vict.] A.D. 1867. Preamble. Repeals Proclama- tion of 19th Novem- ber, 1858. Civil and Criminal Laws of England put in force. Saving as modified by past legislation of British Columbia, Saving as modified by past legislation of Vancouver Island, Short Title. No. 70. An Ordinance to assimilate the general application of English Law. [Qth March, 1867.] TX7HBREAS it is expedient to assimilate the Law establishing the date of the application of English Law to all parts of the Colony of British Columbia : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows: — 1. " The Proclamation having the force of Law to declare that English Law is in force in British Columbia," of the 19th day of November, 1858, is hereby repealed. Provided, however, that such repeal shall not affect any rights acquired, or liabilities incurred or existing before such repeal ; but such rights and liabilities, civil and criminal, and all remedies and punishments thereunder shall still, notwithstanding such repeal, be capable of enforcement and imposition, as if this Ordinance had not been passed, but not further or otherwise. 2. From and after the passing of this Ordinance, the Civil and Criminal Laws of England, as the same existed on the 19th day of November, 1858, and so far as the same are not from local circum- stances inapplicable, are and shall be in force in all parts of the Colony of British Columbia. Provided, however, that in applying this Ordinance to that part of the Colony previous to the Union known as British Columbia, the said Civil and Criminal Laws as the same existed at the date aforesaid shall be held to be modified and altered by all past Legislation (of the said Colony of British Columbia before the Union, and of the Colony of British Columbia since the Union) affecting the said Colony of British Columbia as it existed before the Union. Provided, also, that in applying this Ordinance to that part of the Colony heretofore known as the Colony of Vancouver Island and its Dependencies, the said Civil and Criminal Laws as the same existed at the date aforesaid shall be held to be modified and altered by all past Legislation of the said Colony of Vancouver Island, and of the whole Colony of British Columbia since the Union, affecting the former Colony of Vancouver Island and its Dependencies. 3. The Short Title of this Ordinance is « The English Law Ordinance, 1867." 214 [30 Vict.] Interest— Ferry. [Fob. 71 & 72.] No. 71. An Ordinance to declare the Laws relating to Interest. A.D. 1867. \Qth March, 1867.J TI7HEEEAS it is expedient to assimilate the Law relating to Preamble. Interest in all parts of the Colony of British Columbia : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows: — 1. " The Interest Ordinance,1864 " is hereby repealed. Repeals interest ' "' '^' Urdinance, 1864. 2. In all cases of demands either at Law or in Equity in which Declares legal rate the parties shall have made no express stipulation for Interest after stipulation larbeen any definite rate in which in England it would be lawful for the ^ade. Court or the Jury to allow Interest, it shall be lawful for the Jury or (whenever the Court alone has to decide the facts without a Jury) for the Court to allow such rate of Interest as may be proved just and reasonable, and in cases where not so proved such rate of Interest as may appear just, but not exceeding the rate of one per cent, per mensem, to be reckoned from the time at which Interest would be calculated in England. 3. The Short Title of this Ordinance is " The Interest Ordinance, Short Title. 1867." No. 72. An Ordinance for the Regulation of Ferries and Bridges. a.D. 1867. \(Mh March, 1867.] TX7HEREAS it id expedient to assimilate the Law for the Eegu- Preamble. lation of Ferries and Bridges in all parts of the Colony of British Columbia: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. " The Ferry Ordinance, 1866," is hereby repealed; provided. Repeal of existing however, that all liabilities and penalties imposed and accruing, proviso. ' due under the said repealed Ordinance, and ?.ll remedies, penalties, and punishments, for recovering and enforcing the same, shall still, notwithstanding such repeal, remain in full force and effect, and be capable of being enforced and inflicted, as if such Ordinance were still in force, but not further or otherwise. 2. From and after the passing of this Ordinance, the Tolls and perry Tolls leviable Duties assessed, and leviable, and payable upon and from all '"^ a summary man- ''■•■'■ ner before Magis- persons, animals, and things made subject thereto, under any trate, 215 [No. 72.] Ferry. [30 ¥iCT.] A.D. 1867. exclusive Charter, or other grant of Ferriage or Bridge in the Colony of British Columbia, from or by authority of Her Majesty, ^ Her heirs and successors, whether from the Governor direct, or • through the Chief Commissioner of Lands and Works and Sur- veyor General, or any Assistant Commissioner of If,ands and "Works, or othei^ person duly authorized by the Governor in that behalf, naay not only be levied, collected, and enforced iipdei; the ordinary propess of the Supreme Court of Civil, Justice of British Columbia, but also in a summary manner, on a summons upon information on oath before any Magistrate in British Columbia. Penalty for eTasioa 3. Every ^wijlful infraction or eyasion by a,ny person whomsoever, ° ° ^' of any of the payments, tolls, or duties, or of any of the privi- leges, created or granted under any such Charter or Grant, shall render the offender for every such offence, upon conviction, in addition to any amount of toll due, punishable for a first olfence by a fine of any sum not exceeding fifty dollars, and for a second or subsequent offence by a fine of any sum not exceeding one hun- dred dollars, in addition to the toll, to be' levied by distress of the goods and chattels of the offender, and in default or upon the insufficiency of such distress, in the discretion of the Magistrate convicting, by imprisonment for any term not exceeding three calendar months for a first offence, or not exceeding six calendar months for a second offence, and in each case, in the like, discre- tion, with or w thout hard labour. Penalty for misbe- 4. Every wilful infraction or evasion by any grantee or occupier BridgeKfepeT^ °^ °f ^ ^^^^^ 0^ Bridge Charter of the duty to keep and maintain in good and proper repair, ready for use at all hours, according to the terms of the Charter (unless prevented by accident, necessary repairs, or stress of weather) sufficient and suitable accommodation for the public using such Ferry or Bridge, according to the full" requirements of the Charter, or any misbehaviour or overcharge of the Ferryman or Bridgekeeper in the discharge of his duty, shall' upon a, similar summons be punishable by a like fine, to be levied and collected in a similar manner by distress, or in default of pay- ment, thereof by imprisonment, with or without hard labour, as is lastly above provided in case of the evasion of the tolls sanctioned by such charter. Reserves public 5. Nothing herein contained shall interfere with the public right right of navigation, ^f navigat;ing any navigable waters. Saves Crown rights. 6. Nothing herein contained shall be canstrjicsd ip any way to. limit or abridge the prerogative rights of Her Majesty, Her heirs- and successors, or to affect existing chartered rights, over or in, regard to Ferries and Bridges of British Columbia, Short Title. 7. This Ordinance may be cited as " Th^ Ferry Ordinance, 1867." 216 [30 VioT.] Legal Professions. [No. 73.] No. 73. An Ordinance making provision for Barristers-at-La-w, Attor- A.D. 1867. neys, Notaries Public, and Articled Clerks, of the late Colony of Vancouver Island. llth March, 1867.] WHEREAS it is expedient to make provision for Barristers-at- Preamble. Law and Attorneys entitled to practise in the late Colony of Vancouver Island, prior to and at the date of the Proclamation of " The British Columbia Act, 1866," not being now admitted to practise in the Courts of Justice of British Columbia: And whereas it is also expedient to make provision for Clerks articled to such Attorneys at the said date, in the said late Colony, and of N"otaries Public duly appointed therein: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as ioUows : — 1. All Barristers-at-Law who were duly admitted and entitled to Barristers-at-Law of practise in the late Colony of Vancouver Island and its Depen- ^^^ '^'^ Colony of deucies, at the date of the said Proclamation, and not now admitted can practise in Bri't- in the Courts of Justice of British Columbia, shall be deemed to ''^ Columbia, have at the said date, and not earlier, been and to be duly entitled to practise as Barristers-at-Law of the Courts of Justice of the Colony of British Columbia, in the same manner as if they had likewise been at such date duly admitted pursuant to the "Legal Professions Act, 1863." 2. All Attorneys who were duly admitted and entitled to practise Attorneys of the late in the said late Colony, at the date of the said Proclamation, as Colony of Vancou- , ~,.. x% ,1 , n.,1.1 Ter Island, can prac- Attorneys, Solicitors, or Proctors, and not now admitted in the tise in British Co- Courts of Justice of British Columbia, shall be deemed to have at i'^™'''*- the said date, and not earlier, been and to be duly entitled to practise as Attorneys, Solicitors, or Proctors respectively, of the Courts of Justice of the Colony of British Columbia, in the same manner as if they had likewise been at such date duly admitted pursuant to the said " Legal Professions Act, 1863." Provided that nothing herein contained shall be construed to limit or abridge the control of the Court over any person practising either in British Columbia or Vancouver Island. 3. All Clerks who were under Articles of Clerkship to such a *■ i ^ p, ^, Attorneys in the said late Colony, at the date of the said Procla- the late Colony of mation, shall be entitled to the same rights and privileges in all L«tie7t" thi^'same respects as if they had been, during the periods of their service privileges as if ani- respectively, duly Articled to Attorneys of the Supreme Court of British Colombia." 217 pS-Q. 74.] Evidence. [30 Vict.] A D 1867 Ci"^il Justice of Britisli Columbia, resident in the Colony of British Columbia. Notaries Public of 4. All ITotaries Public duly appointed in the said late Colony, the late Colony of ^t the date of the said Proclamation, shall be deemed to have then entuied ^practise been and to be entitled to practise as such Notaries Public in the in British Columbia, colony of British Columbia. 5. This Ordinance may be cited as the "Legal Professions Ordi- nance, 1867." Short Title. Preamble. No. 74. . ^ ,o,.^ An Ordinance to provide for the taking of Oaths and admission A.D. 18d7. , — of Evidence m certain cases. [15«A March, 1867.] WHEREAS it is expedient to provide for the taking of Oaths and admission of Evidence in certain cases, and to assimilate the same in all parts of the Colony of British Columbia: Be it enacted by the Governor of British Columbia, with tlie advice and consent of the Legislative Council thereof, as follows:— Repeals "Oaths Act, 1- "The Oaths Act, 1859," and "The Native Evidence Ordinance, 1859," and " The ' 1865," are hereby repealed: Provided, however, that such repeal diniince, 1865," sa- shall not affect any rights acquired under such Act and Ordinance Ting existing rights, or either of them, or any liabilities or penalties already' incurred under such Act and Ordinance or either of them, or any remedies or punishments prescribed by such Act and Ordinance or either of them, for enforcing the same, but such remedies and punishments may still for the purposes of such enforcement, but not further or otherwise, be held to be available and capable of imposition as if such Act and Ordinance were still in force. Authorizes affirma- 2. If any person callfcd as a witness in any Court of Judicature tiou in lieu of oath, or required or desiring to take any oath or to make an affidavit or deposition, shall refuse or be unwilling from alleged conscientious motives to be sworn, it shall be lawful for the Court or Judge, or other presiding officer or person qualified to take such oath, affidavit, or deposition, upon being satisfied of the sincerity of such objection, to permit such person, instead of being sworn, to make his or her solemn affirmation or declaration in the words following, viz : — "L A. JB., do solemnly, sincerely, and truly affirm and declare that the taking of any oath.is, according to my religious belief, unlawful ; and I do solemnly, sincerely, and truly affirm and declare, &c., &c," 218 [30 VioT.] Mmtenee. [Ko. 74.] '6. If any person professing the Eonian Catholic Religion shall A.D. 1867. be required by any lawful authority, or shall be desirous for any Rg^o^erRoman purpose to take the oath of allegiance to Her Majesty, Her heirs Oathoiic disability, and successors, it shall be sufficient if he shall in lieu thereof take the oath in the form appointed and set forth in the 2nd Section of the Act made and passed in the Parliament of the United Kingdom, held in the tenth year of His late Majesty King George lY. intituled "An Act for the relief of His Majesty's Roman Catholic subjects." 4. If any of the persuasion of the people called Quakers, or any Quaker's affirmation other person under this or any other Law permitted to make his solemn declaration or affirmation in lieu of an oath, or any person professing the Jewish Religion, shall at any time be required by any lawful authority, or shall be desirous for any purpose to take the oath of allegiance to Her Majesty, Her heirs and successors, or any form of oath containing the. words "And I make this declaration upon the true faith of a Christian," the said words "And I make this declaration upon the true faith of a Christian," shall be omitted in the form of oath to be taken or the declaration or affirmation in lieu of an oath to be made by such person. And the taking of every such oath, or the making of such affirmation and declaration with such omission as aforesaid, shall have the same force and effect as the taking and subscribing by other persons of the oath containing the said words " And I make this declaration upon the true faith of a Christian." 5. In any civil action, or upon any inquest, or upon any enquiry Indian unsworn tes- into any matter or complaint or otherwifee, or upon the trial of any jeTtaln caser^^*"^* "^ crime or oftence whatsoever, or by whomsoever committed, it shall be lawful for any Court, Judge, Coroner, Gold or other Commis- sioner, or Justice of the Peace, in the discretion of such Court, Judge, Coroner, Gold or other Commissioner, or Justice of the Peace, to receive the evidence of any Aboriginal l^ative, or I^ative of mixed blood, of the Continent of North America, or the Islands adjacent thereto, being an uncivilized person, destitute of the know- ledge of God, and of any fixed and clear belief in religion or in a future state of rewards and punishments, without administering the usual form of oath to any such Aboriginal N"ative, or ITative of mixed blood as aforesaid, upon his solemn affirmation or declaration to tell the truth, the whole truth, and nothing but the truth, or in such other form as may be approved by such Court, Judge, Coroner, Gold or other Commissioner, or Justice of the Peace. 6. Provided that in the case of any proceeding in the nature of Indian information a preliminary inquiry, the substance of the evidence or information l^o^ taken. of any such Aboriginal l^ative, or Native of mixed blood as afore- said, shall be reduced to writing, and signed by a mark by the person giving the same, and verified by the signature or mark of the person acting as Interpreter (if any), and of the Coroner, Justice 219 A.D. 1867. Fieliminary caution. Indian declaration evidence. False declaration perjury. Short Title. INo. 75.] Fatents. [30 Vict.] of the yeace or person before whom such information or evidence shall have been given. , , 7. The Court, Judge, Coroner, Gold or other Commissioner, or Justice of the Peace, shall before taking any such evidence, infor- mation, or examination, caution every such Aboriginal Native, or Ifative of mixed blood as aforesaid, that he will be liable to incur punishment if he do not so as aforesaid tell the truth. 8. The written declaration or examination made, taken, and verified in manner aforesaid, of any such Aboriginal Native, or Native of mixed blood as aforesaid, being one of such uncivilized persons as hereinbefore described, may be lawfully read and received as evidence upon the trial of any cause civil or criminal in the said Colony, when under the like circumstances the written affidavit, examination, deposition, or confession of any person might be lawfully read and received as evidence. 9. Every solemn affirmation or declaration in whatever form, made or taken by any person as aforesaid, shall be of the same force and effect as if such person had taken an oatii in the usual forna, and shall in like manner incur the penalty of perjury in case of falsehood. 10. This Ordinance may be cited for all purposes as the "Evi- dence Ordinance, 1867." A.D. 1867. Preamble. No. 75. An Odinance for the Protection of Inventions. [im March, 1867.] Yy HEREAS it is expedient to provide for the protection of new and useful Inventions, and to assimilate the Law affecting vv the same in all parts of the Colony of British Columbia : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:— Repeals "The Patent 1. "The Patent Ordinance, 1864," isherebv repealed. Ordinance, 1864." J tr The Governor in 2. The Governor, by Order in Council, may grant such protec- fn°Jl!?li^^^^'^°**''* t^o^ *o the Inventors of new and useful discoveries and inventions, xU V clll 1 OH 3 ■ with such exclusive privileges, under Letters Patent, or otherwise, as to such Governor may from time to time seem just and expe- dient. 220 [30 Vict.] Jjicences. [Nb. 76.] 3. No application for such privilege shall fee received, unless the A.I>. l86l same shall have been first enquired into by the Attorney General and Chief Commissioner of Lands and Works (who are hereby ^nd SSt^ of"^^ authorized to enquire into the same), and shall be accompanied by ^„"°chlef*CommL- a Certificate, under their hands and seals, that the invention for sioner of Lands and which the privileges are sought is new and useful, and fit to receive ^o'^^^- protection and exclusive privilege, 4. Such fees shall be charged and chargeable upon any applica- Fees, tion for such exclusive privileges, and payable in such manner as shall be prescribed and varied from time to time in that behalf, by any Order of the Governor in Council. • 6. Every person infringing any exclusive privilege conferred Penalty, under this Ordinance, shall be liable in an action for damages before a jury in the Supreme Court of Civil Justice to the party aggrieved. 6. This Ordinance may be cited for all purposes as "The Patents Short Title. Ordinance, 186T." No. 76, An Ordinance to assimilate and amend the Laws relating to ^d_ ige7_ Licences and direct Taxes on Persons. — [22nd March, 1867.] T1S7HEREAS it is expedient to assimilate and amend the Laws preamble, relating to Licences and direct Taxes on Persons : Be it enacted by the Governor of British Columbia, Avith the advice and consent of the Legislative Council thereof, as follows: — 1. "The Licences Act, 1859," " The Trades Licences Amend- Repeal of certain ment Act, 1864," and " The Licences Ordinance, 1866," of the ^"^'s. ^^^ proviso. Colony of British Columbia previous to the Union; and " The Act to repeal and amend the Laws affecting Trade Licences," of the year 1862, "The Trade Licence Amendment Act, 1865," "The Liquor Licence Act, 1861," " The Liquor Licence Act, 1866," and "The Salaries Tax Act, 1865," of the formerly separate Colony of Vancouver Island and its Dependencies, are hereby repealed. Provided, however, that such repeal shall not be held to affect any rights acquired under existing Licences, or to liabilities or penalties already imposed and accruing due under such Acts and Ordinances, or any of them, or to the remedies prescribed by such Acts and 221 [No. 56.] .lAcences. [30 VioT,] A.D. 1867. Trades, &c., Licen- ces as in Schedule A. Penalty for trading, &c. , without licence. Form of Licence, Schedule B. LiquorXieences how granted. Ordin£!,nces, or any of them, for enforcing such liabilities or pen- alties; hut such reftiedies may still, for the purposes of such enforcement, hut not further or otherwise, be held to he available as if such Acts and Ordinances ■were still in force; and provided, also, that such repeal shall not cause to revive any Proclamation, Act, or Ordinance repealed by the said Acts and Ordinances hereby repealed, or any of them. 2. From and after the passing of this Ordinance, save only as to such persons as have lawfully acquired rights under the said re- pealed Acts and Ordinances, or any of them, every person using the trades, occupations, professions, or businesses in Schedule A. hereunto annexed particularly described, shall take out a periodical Licence for such pei'iod as is in the said Schedule A. set out, paying therefor such periodical sum as is there specified, which said sum shall respectively be paid in advance, to and for the use of Her Majesty, Her heirs and successors. 3. No person shall use, practise, carry on, or exercise any trade, occupation, profession, or business in the said Schedule A. de- scribed or named, without having taken out and had granted to him a Licence in that behalf, under a penalty not exceeding the sum of two hundred and fifty dollars for every such offence, together with the amount which he should have paid for such Licence, which said amount and penalty shall for the purposes of recovery under this Ordinance be held to he one penalty. 4. The Licences to be granted as aforesaid, may be in the form in Schedule B. to this Ordinance, and the same are to be granted so as to terminate on the 30th day of June or the Slst day of December, and no proportionate deduction shall be made on ac- count of any person commencing business. 5. No Licence shall be granted to any person for the sale of wines, spirits, beer, or other fermented or intoxicating liquor by retail, unless upon the Certificate of a Justice of the Peace, which said Certificate shall be granted after specific and public application therefor, and after reasonable notice to such Justice, to be given by the applicant, due regard being had in the grant by such Justice 6t such Certificate to the requirements and convenience of the public, and such Certificate may be in the Form in Schedule C; and such Licence for the sale of fermented and intoxicating liquor by retail shall be granted only to the Licensee, in respect of the premises mentioned in such Certificate ; and no person so licensed to sell fermented or intoxicating liquor by retail shall carry on such business in any other premises, except the premises named in such Licence or Certificate, under a penalty not exceeding the sum of two hundred and fifty dollars for every such offence; and such Licences shall be granted so as to terminate on the thirtieth day of June, and the thirty-first day of December, and no proportionate 222 [30 Vict.] Licences. [No, 76.] deduction shall be made on account of any person commencing ^.D. 1867] business. 6. Any person who shall forge or alter, or who shall offer, utter, Forgdry, Sec, felony, dispose of, or put off, knowing the same to be forged, any Certifi- cate or Licence issued or purporting to be issued under the provi- sions of this Ordinance, with intent to defraud, shall be guilty of felony, and on conviction thereof shall be liable, at the discretion of the Court, to be imprisoned, with or without hard labour, for any term not exceeding three years. 7. Every person selling goods, merchanclize, or merchantable A^,ctioneera' Ke- commodities by Public Auction, shall, on or before the fifth day of *"r°8. every month, make a return to the Magistrate of the District within which he may carry on his business, or to such other person as the Governor may appoint, or if there be no Magistrate or other person specially appointed, then to the Colonial Treasurer, or person acting as such, of the amount of money, or equivalent for money, received by him during the past month, ending on the last day of every month, in respect of the goods, merchandize, or merchantable commodities sold by him by Auction ; and such return shall be in the Form marked D. in the Schedule to this Ordinance; and every person selling by Auction as aforesaid, shall pay to the Magistrate of the District, or other person as aforesaid, an amount equivalent to one and a half per cent, upon the amount so received as afore- said; and if any person selling by Auction as aforesaid, shall neglect to make such return as aforesaid, he shall be liable to a penalty not exceeding the sum of one hundred dollars; and if any person selling by Auction as aforesaid, shall make any false or fraudulent return of any matters contained in any such return as aforesaid, such person shall, upon conviction thereof, be deemed guilty of a misdemeanor. 8. "Whenever in this Ordinance any pecuniary penalty is imposed p for any offence, the same may, unless otherwise provided, be re- penalties, covered by way of summary proceedings before any single Justice of the Peace having jurisdiction in the locality in which the offence was committed, and every such penalty may, with the costs of con- viction be levied by distress and sale of the goods and chattels of any offender; and in case such goods and chattels shall prove in- sufficient to satisfy such penalty and costs, then by imprisonment of such person so offending, for any term not exceeding three calendar months. 9. In case of any summary conviction under this Ordinance, no rr^ . r. ■: ^ • i- T 11 1 ,■■■■. . Warrmt of commit- warrant of commitment upon a conviction shall be held to be invalid meut. by reason of any defect therein, if it be therein alleged that the person offending has been convicted and there be a good and valid conviction to sustain the same. 223 [No. 70.] Licmees. ' [30 Tict.] A.D. 1867. 10. Whenever in this Ordinance in describing or referring to any — T person or party, matter or thing, any word importing the masculine n erpre a ion. gender or singular number is used, the same shall be understood to include, and shall be applicable to several persons and parties ar vrell as one person or party, and females as well as males, and bodies corporate as well as individuals, and several matters and things as well as one matter or thing, unless it otherwise be pro- vided or there be something in the subject or context repugnant to such construction. Short Title. H- This Ordinance may be cited for all purposes as "The Licences Ordinance, 1867." SCHEDULE A. (a.) By eaoh person vending spirittious or fermented Liquors, by retail, for each House or Place in the Colony where such vending is carried on, if in a Town of not less than fifty Inhabitants $100 for every 6 months. (6.) Where such retail vending is carried on in a Eural District, not forming part of a Town $30 for every 6 months. (c) By each person not having a retail licence as above, and vending spirituous and fermented Liquors for wholesale, that it to say in quantities of not less than two gallons, for each House or Place in the Colony.. .-. $25 for every 6 months. (c?.) By each person keeping a Saloon or Building [6 months. where a Billiard Table is used for hire or profit $5 fo each table for every (e.) By each person keeping and letting for hire any Bowling Alley or Rifi'e Gallery, for each Bowling Alley or Rifle Gallery $5 for every 6 months. (/.) By every peison keeping a Dance House $100 for every 6 monthfi. (5'.) By every person selling Opium, except Chemists and Druggists using the same in the preparation of prescriptions of Medical Practitioners $50 for every ^6 months. (h.) For every person carrying on the business of a , wholesale or of a wholesale and a retail Mer- chant or Trader $50 for every 6 months. For every retail Trader $5 for every 6 months. ^ Such two last mentioned Licences to enable the person paying the same to change his place of abode of business at pleasure, but not to carry on business at two places at the same time under one Licence. 224 ^30 Vict.] lAcmces. [No. 1&.'\ (t.) By every person not having a Free Miner's A^.D. 1867. Certificate, engaged in mining for gold, whether on his own account or for hire, such payment to include a Free Miner's Certificate |5 for 1 year. O'O By every person owning a Pack Train of more than six animals, Freight Waggon, Stage Coach, or Omnibus, used in transporting goods for profit or hire a distance beyond 10 miles from any Town, and not paying a Merchant's or Trader's Licence $5 for every 6 months. 2. By every person owning a Pack Train of less than six animals. Dray, Waggon, or Omnibus, used in transporting goods and passengers for profit or hire, within a distance of 10 miles from any Town, and not paying a Merchant's or Trader's Licence ... 82 50 for every 6 months. 3. By every Livery Stable Keeper, not paying Trading Licence $10 for every 6 months. 4. By every person following the calling of Cattle Drover in the Colony , , $50 for every 6 months. (A.) By every person carrying on, on his own ac- count, the business of a Banker, at one place of busi- ness $400 for 1 year. and for each other place of business in the Colony.. flOO for 1 year. (?.) By every person pjactising as a Barrister-at- Law, Attorney-at-Law, or Solicitor in the said Colony $50 for 1 year. (to.) By every person following the occupatioii of Conveyancer or Land Agent, or both $25 for every 6 months. (ji.) By every Auctioneer (not being a Crovern- ment Officer selling by auction Government property) in addition to any other licence in this Schedule $50 for every 6 months. And IJ per cent, on rtturns of sales, exclusive of sale of Eeal Estate. (o.) By every person occupying any Crown Lands by making any erections thereon, and carrying on any trade upon the same, in addition to the duties above charged, and for the use of the land so occu- pied by him , $2 50 for every month. SCHEDULE B. No. FoEM OF Licence. A. B. has paid the sum of Dollars, in respect of a Licence to , and is entitled to carry on the business or occupation of — , Magistrate or Collector, (as the case may fie.) 22& [No. 76.] lAcences. [30 Vict.] A.D. 1867. SCHEDULE 0. I, A. B., of Justice of the Peace for hereby certify that G. D. is a fit and proper person to be licensed to sell fer- mented and intoxicating liquor by retail, such business to be carried on only in the premises following : [describe them.'] Dated the day of 18 . SCHEDULE D. Auctioneer's Eeturn. Name of Auctioneer. Amount of moneys or equir- alents received on account of sales during the month end- ing. Amount payable in respect of one and a half per cent, upon the same. I, A. B., do hereby declare that the above Return is a faithful and true Return of the matters therein set forth, to the best of my knowledge, informar tion, and belief. (Signed) A. B. A.D. 1867. Preamble. Repeals "The Home- stead Act, 1866," with proviso. No. 77. An Ordinance to assimilate the Law exempting the Homestead and other Property from forced Seizure and Sale, in certain cases, in all parts of the Colony of British Columbia. [22nd March, 1867.] TIJHEREAS it is expedient to aesimilate the Law exempting the M Homestead and other Property from forced Seizure and Sale, in certain cases, in all parts of the Colony of British Columbia: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:— 1, "The Homestead Act, 1866," of the formerly separate Colony of Vancouver Island and its Dependencies, is hereby repealed. Provided, however, that such repeal shall not affect any rights heretofore acc[uired under such repealed Act, or any liabilities or 226 [30 Vict.] Hwnesimd. [Ko- 77.] penalties already incurred under sucli Act, but all such riglits, A.D. 1867. liabilities, and penalties shallbe available and capable of impo- sition respectively as if such Act were still in force. ,' 2. The word "Homestead" shall be held to mean the pieces or Homestead defined, parcels of Land, together with any erections or buildings thereon, whether leasehold or freehold, or both leasehold and freehold, with their rights, members, and appurtenances which shall, be duly regis- tered as such in manner hereinafter mentioned; and for the pur- poses of this Ordinance any erection or building, or any such Homestead as aforesaid, whether or not the same be affixed to the soil, shall be taken to be real estate and part of such Homestead. 3. The Homestead aforesaid shall be registered in manner jioije of registration following: — The owner of such Homestead shall cause the title to of Homestead. the same to be registered by the Registrar of Real Estate as in the case of other real estate, according to the Law in force in that part of the Colony in which such Homestead is situate, and in addition thereto shall cause a notice of registration, which may be in the Torra 1 in the Schedule hereunto annexed, to be lodged with such Registrar, accompanied with a Schedule of Instruments evidencing his title to such Homestead, and a declaration to the effect men- tioned in Forms 2 and 3 respectively, in the said Schedule: that is to say, in case the owner of any Homestead shall declare his assets to be not less than the sum of two thousand five hundred dollars, then the declaration shall in that case be to the effect mentioned in Form 2 ; and in case the owner of any Homestead shall declare his assets to be not greater than the value of the Homestead, such Homestead being of less value than two thousand five hundred dollars, then the declaration shall be to the effect mentioned in Form 3, and thereupon it shall be the duty of such Registrar to register such Homestead, if he shall be satisfied that the owner has a prima facie title thereto, and without such notice of registration and such declaration duly declared and filed with such Registrar, as the case may require, such Registrar shall not register such Homestead, and any declaration in the form or to the effect of Forms 2 and 3 respectively, may be made before such Registrar, or any person by Law entitled to receive solemn declarations. 4. Any person wilfully making a false declaration of any matter False declaration a required or permitted to be declared by this Ordinance shall be misdemeanor, guilty of a misdemeanor, and on conviction shall be liable to pun- ishment as for perjury. 5. The Homestead aforesaid, after the game shall have been Homestead when duly registered, shall be free from forced seizure or sale by any registered, free from ,T ■ -m -i T • -r. T seizure for debt, &c. process at Law or m Equity, or on any proceeding m Bankruptcy for or on account of any debt or liability incurred after the regis- tration of such Homestead in_ manner aforesaid; provided, however: — 227 pro. 77,] Somesiead. [30 Vict.] A.D. 1867. (!•) Tbat in case such Homestead shall at the time of the suing " — 7 . out of any process at Law, or in Equity, or of Bankruptcy, of lvalue not gr"a£ ' be of a value not greater than two thousand five hundred er than $2,500. doUars, then the same shall be wholly exempt from forced seizure or sale. If of a greater value (2-) That in case such Homestead shall at the time of such suing than $2,500. out of process at Law, or in Equity, or of Bankruptcy, be of a greater value than two thousand five hundred dollars, then so much only of such Homestead shall be liable to seizure or sale as aforesaid, as shall exceed the sum of two thousand five hundred dollars. Falsehood of decla- 6. The registration of any Homestead under the provisions of ration to .vitiate re- ^j^- Ordinance, shall be utterly void and of no effect, and all the giStrSition* benefits of this Ordinance shall be forfeited if any declaration of matters required or permitted to be declared shall be false to the knowledge of the person effecting the said registration, or on whose behalf the same shall be registered. Homestead, if not 7. It shall be lawful for any person claiming the benefit of the enuTetsln absolute provisions of this Ordinance with respect to any Homestead, at the estate in the owner, time of registration or at any time thereafter, to limit any Home- according to its na- ,.„ „, If 1 L 1 Tl..J.i ture. stead in favour of such persons and for such estates, and subject to such uses, trusts, and purposes as those to which Lands can now be limited according to the nature and incidents thereof; but in case no special limitation shall be made, the said Homestead shall enure to the owner, for whose benefit the same shall be registered for an absolute estate in the same, according to the nature thereof, subject to the right of the widow as hereinafter mentioned. Owner of Homestead 8. N'otMng herein contained shall be held to prevent the person may abandon, &c., j^j. -^yiiQge benefit a Homcstcad shall be reeristered at any time from but if a married man ... . " . "' . with the consent of abandoning, aliening, mortgaging, or otherwise parting with, onhe Coiony!^^ *° limiting, or encumbering his interest therein, as to him may seem fit, regard being had to the nature, quality, and incidents thereof and of his power to dispose of the same. Provided, however, that in case the owner of any Homestead be a married man, he 'shall not during coverture so abandon, alien, mortgage, part with, limit, or encumber the same, except with the consent of his wife, if she be a resident of this Colony, such consent to be given by way of acknowledgment by her in the manner provided for in cases of the execution of instruments affecting real estate within the said Colony by married women ; but in case such wife be not a resident no such consent shall be requisite. Form of abandon- ^' -^"7 Homestead, and the benefits and privileges conferred ment of Homestead, upon any person Or persons under this Ordinance' in respect of any Homestead, may be abandoned by document, which may be in the Form 4 of the Schedule hereunto annexed, duly executed by the 228 [30 Vict.] Hdmestead. P^o. 77.] person or persons interested therein ; and sUcli document shall be ^ ^ jg-- filed in the office of the Eegistrar, as in this Ordinance aforesaid, ' J — and the registration of the Homestead shall be thereupon cancelled in such form as is now used in the cancellation of charges. 10. If any person holding property under this Ordinance shall Widow to inherit die intestate, leaving a widow and minor children, the Homestead tand^dies intestate, of the value aforesaid shall wholly pass to such widow, to be held by her during the minority of such children, or while said widow remains unmarried; and the exempted property shall not be sold during such minority, or while such widow remains unmarried, for the payment of any debt which shall have been contracted by any such deceased person subsequent to the due registration of such Homestead. 11. The following personal property shall be exempt from forced Personal property of seizure or gale by any process at Law or in Equity, or from any lls^cTexL^^from** process in Bankruptcy, that is to say: the goods and chattels of any seizure for debt. Debtor or Bankrupt, at the option of such Debtor or Bankrupt, or if dead, of his personal representative, to the value of one hundred and fifty dollars, the same not being Homestead property under the provisions of this Ordinance. 12. On the return of any process at Law or in Equity, or in any Questions under the matter of Bankr,uptcy, in case any question shall arise in whole . or Ordinance by which . -T , „ , , . ^ ,. Court decided, m part, touching any matter provided for by this Ordinance, the Court out of which such process shall issue, or the Court of Bank- ruptcy, as the case may be, shall dispose of such question between the parties interested therein,' by way of summons and order in a summary way; provided, however, that with respect to any matter of fact, such matter shall, at the request of any party interested,, be tried with or without a full jury of eight persons, at the option of such persons, and as to any matter involved, not being matter of fact, the Court shall make such order as to partition and sale of any portion of a Homestead which exceeds in value the sum of two thousand five hundred dollars, and, generally, as to costs and other matters, with a view to the final adjustment of any question depen- ding between the parties, as to such Court shall seem fit; provided, however, that in the matter of the sale of any portion of the Home- stead, of a value exceeding the sum of two thousand five hundred dollars, due regard shall be had to the choice and preference of the owner and parties interested in the portion reserved from sale ; and provided, also, that in case of the sale of a property comprising a Homestead over the value of two thousand five hundred dollars, it shall be lawful for the Court ordering such sale, to order the sale of the whole, or portion or portions of such property, if occasion shall require, for the fair realization of its value, and make such order for the due investment of the residue by purchase of . other Homestead property, or by distribution among persons interested 229 [N"o. 77.] Eomesiead. [30 Vict.] A.D. 1867. therein, after deducting therefrom the sums due to the Creditors, ■^ — as to such Court shall seem meet. Duty of Registrar of 13. Every Registrar of Real Estate in the said Colony shall keep Homestea/s^'° "^'^^ proper books, in which all notices of registration of Homesteads, abandonments, and declarations shall be recorded, as also indices referring to the registration, abandonment, and other dealings with Homesteads under this Ordinance, and, in particular, a nominal list of all persons claiming the benefits of Homesteads under the provisions of this Ordinance, with the descriptions of the Home- steads claimed ; and, shall further, have the custody of all original notices of registration, declaration, and abandonments, but as to other documents affecting the same, he shall deal therewith as in other cases of Real Estate registered in the Land Registry Office, according to the Law affecting Registration of Land in force in the several parts of the Colony. Nominal list of per- 14. The said last mentioned nominal list of persons claiming the SsTobe^iSrctlTaenefit of Homestead, shall be open to inspection by the public,. ed free of charge, free of charge, and all other documents lodged with such Registrars as aforesaid, and relating to the registration or abandonment of, and other dealings with the Homestead, may be inspected by the public on payment of the proper fees in that behalf, as hereinafter mentioned. Fees of registration, 15. Every Registrar of Real Estate shall be entitled to take the ■' ■ fees specified in Form 5 in the Schedule to this Ordinance annexed; and, in so far as the fees therein specified do not apply, such Registrar shall be entitled to the like fees which are by Law chargeable under the Laws in force in that part of the Colony in which such Homestead is registered, for matters and things done and performed, or permitted by him, in pursuance of the duties and powers imposed and conferred upon him by the provisions of this Ordinance; all such fees to be paid into the Treasury of the said Colony as General Revenue, for the use of Her Majesty, Her heirs and successors. Eeservation of lia- 16. K'othing in this Ordinance contained shall be construed as taxes!^ ^^ respec o exempting any real or personal property from sale for taxes, or from distress for rent. Short Title. IT. This Ordinance may be cited for all purposes as "The Homestead Ordinance, 1867." SCHEDULE. FOEM 1. Notice of Registration. I, A. B., of , hereby give notice that I desire to have registered [Lot , Section , District , or other description infuM], being [tenure freehold 230 [30 Vict.] Homestead. pfo. 77.] or leasehold] as a Homestead, {cmd if ' specially limited add (and I hereby A.D. 1867. declare that the same is limited as in the Deed hereunto annexedy], under and —' by virtue of the provisions of "The Homestead. Ordinaoee, 1867."' FOKM 2. For a Homestead of any Value where the Owner declares his Assets to be not less than the full Value of $2,500. I, A. B., of , declare that, over and above all debts and liabilities whatsoever to which I am now liable, wheresoever the same may have been incurred, I am seized of or possessed of assets in real or personal estate to an amount not less than the sum of two thousand five hundred dollars. FoKM 3. F(yr a Homestead of less Value than $2,500, wjiere the Owner desires to declare his Assets to be not less than the Value of the Homestead at the time of Registry. I, A. B., of , declare that, over and above all debts or liabilities whatsoever to which I am now liable, wheresoever the same may have been incurred, I am seised or possessed of assets in real or personal estate to an amount not less than the sum of $ \j/nsert the value of the Homestead registered.] And I the said A. B. hereby declare, to the best of my knowledge and belief, the Homestead hereby registered does not exceed in value the sum of f [insert the value of the Homestead.] Form 4. Abandonment of Homestead. I, of , hereby abandon all Homestead Tights in the property registered as a Homestead that is to say [describe the property.] Dated this day of , A.D. 18 ; (Signed) L. S. [J^ the consent'of the imfe is required add her acknmuledgmeKts as in the case of acknowledgments of deeds by ma/rried women.] Form 5. Fees to be taken by Registrar of Real Estate. For every Registration of land as a Homestead, including the filing of notices and declarations, and deeds filed therewith, but exclusive of all other fees for the registration of the title thereof. $5 00 For every abandonment of a Homestead 5 00 For the inspection of original documents affecting a Homestead, per document 25 If more thlan four documents 1 00 231 [No. 78.] Customs Declaratory. [30 Vicx.] Preamble. No. 78. AD 1867 -^^ Ordinance to declare the application of the existing " 1 ' Laws of Customs. ~ I25ih March, im."] WHEEEAS by "The British Columbia Act, 1866," it was, among other things, enacted that ^fter and notwithstanding the TJnion of the heretofore separate Colony of Vancouver Inland with British Columbia, the Laws in force in the said separate ' Colonies respectively at the time of the TJnion taking effect should, until it were otherwise provided by lawful authority, remain in force as if the said Act had not been passed or proclaimed; save, only, that the Laws relative to the Revenue of Customs in force in British Columbia at the time of the TJnion taking effect sho^ld, until it were otherwise provided, extend and apply to Vancouver Island: And whereas it ia expedient to remove all doubts as to the appli- cation of the existing Onstoms Laws of British Columbia to the collection of Customs Duties in respect of goods, wares, merchan- dise, and commodities imported into the Colony of British Colum- bia since the said Union, from that portion of it heretofore known as the Colony of Vancouver Island, such goods not having as yet paid Customs Duties, and to declare the Law thereon : Be it enacted by the Governor of the Colony of British Columbia, by and with the advice and consent of the Legislative Council thereof, as follows :— Extends Oustoma 1, All and every the Customs Laws now in force in British lu^mbia to goods im- Columbia shall be deemed to have extended and applied, and shall ported from Van- \)q i^ei(j jq extend and apply to the case of goods, wares, merchan- dize, and commodities imported or to be imported into all or any port or place in British Columbia, aa well from all ports or places without the Colony of British Columbia as from all ports or places of that portion of it heretofore known as Vancouver Island and its Dependencies, and all such goods, wares, merchandize, and com- modities so imported or to be imported as aforesaid, shall be held to have been, and to be, and be liable to the payment of British Columbia Customs Duties, except as hereinafter next mentioned. 2. Provided, however, that the said Customs Laws, and the col- tiTaThave^ already lection of Duties in respect thereof, shall not extend or apply to paid duties. goods. Wares, merchandize, or commodities which have already i paid the British Columbia Customs Duties in any part of the former Colony of Vancouver Island and its Dependencies since the said TJnion. 232 [30 Vict.] Customs. [No, 79.] 3. AH questions of fact arising as to whether any goods, wares, a.D. 1867. merchandize, or commodities have already p'aid British Columbia . . Customs Duties in any part of the former Colony of Vancouver o/customs on ques- Island and its Dependencies since the said Union, shall be referred *'"'' °^ ^*''* ^°*'* to the decision of the Principal Officer of Customs of the Colony of British Columbia, whose judgment therein shall be final, subject only to the authority of the Governor for the time being to order a return of duties, as to him shall seem fit. 4. All evasions and offences committed by any person or persons Penalty for evasion to defeat the payment of Duties, hereby declared to be and to have of duties. been made payable in respect of goods, wares, merchandize, or commodities imported into any port or place in British Columbia from any port or place in tae former Colony of Vancouver Island and its Dependencies, shall be prosecuted and punished with all and singular the same forfeitures as in the case of the evasions or offiences committed by any person or persons to defeat the payment of Duties 3)ayable in respect of goods, wares, merchandize, or commodities imported into any port or place in British Columbia. 5. Provided, however, that no Duties of Customs shall be levied collection of duties or collected under the provisions of this Ordinance after the thirtieth ^iiier this Ordi- day of March, A. D. 1867. lZ],tl%r 6. This Ordinance maybe cited as the "Customs Declaratory gij^jj T^g Ordinance, 1867." No. 79. An Ordinance to amend the Duties of Customs. . -p jgg_ I25th March, 1867.1 . ' — ' -■ Amended by No. WHEEEA8 it is expedient to alter the Duties of Customs as •'■^*' now by Law established in British Columbia, and to make '^^*"' further provision for the levying thereof: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. The British Columbia Proclamation passed on the 2nd June, „ , „ ^ ' Repeals former Acts. 1859, "The Customs Amendment Act, 1860," "The Customs Amendment Ordinance, 1864," "The Customs Amendment Ordi- nance, 1865," are hereby repealed. Provided, nevertheless, that such repeal shall not be deemed to extend to any liabilities or penalties imposed and accruing, due under any of the said Procla- mations, Acts, or Ordinances; but, notwithstanding such repeal, all remedies and punishments for recovering and enforcing such 233 [No. 79.] Customs. [30 Vict.] A.D. 1867 . liabilities and penalties shall still remain in full force and effect, and be capable of being enforced and inflicted as if such Proclama- tions, Acts, and Ordinances were still in force, but not further or otherwise. Declares duties levi- 2. In lieu of the Duties hitherto "chargeable as aforesaid, from *'''*■ and after the passing of this Ordinance, there shall be levied, assessed, collected, and paid to the use of Her Majesty, Her heirs and successors: — Specific Dutiesi Schedule A, Ad valorem Duties, Schedule B. Free list, C. Invoice to be pro- duced. Penalties for fraudu- lent Invoice.' (a.) Upon all goods, wares, merchandize, animals, and things imported into and landed in British Columbia, and more particularly mentioned in Schedule A. hereto, the several specific Duties in such Schedule set opposite the respective articles therein named: (6.) And upon all goods, wares, merchandize, animals, and things imported into and landed in British Columbia, the several ad valorem Duties of Customs more particularly mentioned in Schedule B. hereto, and set opposite the respective articles therein named: Schedule (c.) The articles mentioned in Schedule C. hereto, shall be admitted into British Columbia free of duty. 3. "With the Bill of Entry on any goods, there shall be produced to the Collector of Customs an Invoice of the goods, and the Bill of Entry shall also contain a statement of the value for duty of the goc^ds therein mentioned, and shall be signed by the person making the entry, and verified, if required, by his declaration to the truth thereof; and no entry shall be deemed perfect unless a sufficient Invoice of the goods to be entered has been produced to the Collector. 4. Kany person passes, or -attempts to pass, through the Custom ' House, any false or fraudulent Invoice, or makes out or passes, or attempts to pass, a Bill of Entry of any goods at a value below the fair market value of such goods in the country from which such goods were shipped or exported, or in any way by under valuation, or otherwise attempts to defraud the Revenue of any part of the duty on any goods or things liable thereto, every such person shall, on conviction (in addition to any other penalty or forfeiture to which he may be subject for such offence), be liable to a penalty not exceeding five hundred dollars, and the goods so undervalued ^ shall be and be taken and deemed to be forfeited. Appraisers how ap. pointed. 5. And inasmuch as it is expedient to make such provisions for the valuation of goods subject to ad valorem duties as may protect the Eevenue and the fair' trade against fraud, by the undervaluation of any such goods, therefore, the Grovernor may, from time to time,, and when he deems it expedient, appoint fit and proper persons to be appraisers of goods at the port of entry; and eveiy such apprai^r shall before acting as such, take and subscribe the following oath^ 2U i;30 Vict.] Customs. [No. 79.] office, before some Justice of the Peace for this Colony, and deliver A.D. 1867. the same to the Collector. Every such appraisement shall be final. "I, A. B., having been appointed an appraiser of goods, wares, Appraiser's oath, and merchandize, and to act as such at the port of (or as the case may he) do solemnly- swear (or affirm) that I will faith- fully perform the duties of the said office, without partiality, ,fear, favour, or affection, and that I will appraise the value of all goods submitted to my appraisement, according to the true intent and meaning of the Law imposing Duties of Customs in this Colony; and that I will use my best endea- vours to prevent all fraud, subterfuge, or evasion of the said Laws, and more especially to detect, expose, and frustrate all attempts to undervalue any goods, wares, or merchandize, on which any duty is chargeable. So help me God. "J.. jB., Appraiser for [as the ease may be). " Sworn before me, this day of 18 " E. F., J. P. for {as the case mxiy be)." 6. If no appraiser is appointed to any port of entry, the Collector collector when to there shall act as appraiser, but without taking any special oath of *"* *^ appraiser, office as such; and the Grovernor may at any time direct any appraiser to attend at any port or place for the purpose of valuing any goods, or of acting as appraiser there during any time, which such appraiser shall accordingly do, without taking any new oath of office ; and every appraiser shall be deemed an Officer of Customs. 7. In all cases where any duty is imposed on any goods or things value of the goods imported into this Colony, according to the value of such goods, ^°^^ ^^^^ market such value shall be understood to be the fair market value thereof in the principal markets of the country whence the same were shipped or exported to this Colony ; and the Collector and Apprai- ser shall, by all reasonable ways and means in their power, ascer- tain the faii: value of such goods as aforesaid, and estimate the value for duty accordingly. 8. The Duties hereby imposed shall be deemed to be Customs ^ .^ ^^^^ oUect- Duties, in all respects subject to the Customs Consolidation Act, ed as Customs Dues. 1853, the Supplemental Customs Consolidation Act, 1855, and this Ordinance; and shallbe under the care and management of the Collector of Customs for the time being for the Colony, who by himself and his Officers shall have all the powers and authorities for the collection, recovery, and management thereof as are, under or by virtue of the said Custonas Consolidation Acts, or either of them, or this or any other Act, Ordinance, or Proclamation, vested in the said Collector for the collection, recovery, and management of Duties of Customs, and all other powers and authorities requisite for levying the said Duties. 9. Every evasion or attempt at evasion of, or offence committed _ ,^. , 1 P 1 ~ ,. , Penalties for eya- by any person or persons, to deieat the payment of any ot the sion. 235 [No. 79.] Custom. [30 Vict.] ' A.I>- 1867. Duties hereby tttade payable on any goods or things imported into — - British Columbia (which shall include its Dependencies) will,, in addition to the penalties by this Ordinance imposed, be prosecuted and punished in the manner prescribed by the said Customs Con- solidation Acts. Schedules part of 10., The Schedules hereto shall be read as part of this Ordinance. Ordinance. Short Title. H- This Ordinance may be eitedfor all purposes as the "Customs Ordinance, 1867." SCHEDUIiE A. Specific Duties, Ale and Porter, in wood 15c. per gaH. Do., in bottle 30c. per doz. (qts.) Bacon and Hams 4q. per lb. Barley, Oats, Malt, and Field Peas 30c. per 100 lbs. Beans and Split Peas Ic. per lb. Bitters $1.50 per gall. Butter 10c. per lb. Bran and Shorts .' 25c. per 100 lbs. Buck Wheat Ic. per lb. Candles 5c. per lb. Cheese 5c. per lb. Cider 15c. per gall. Cigars $2 per 100 (2c. each.) Coal 11.25 per ton. Coffee, raw 3c. per lb. Do , manufactured 6c. per lb. Cornmeal Jo. per lb. Eggs 12Jc. per doz. Plour $1.50 per barrel. Fresh Fruits, viz. : — Apples, Pears, Plums, Cherries, Currants, Easpberries, Strawberries, and Goose- fcerriea Ic. per lb. Gunpowder, sporting 6ci per lb. Do., blasting ,,,^ 3c, per lb. Hay .„ $4 per ton. Hops lOe. per lb. I^ard 5e. per lb. I'iiie 50c. per bbl. LuBaber : — Eongh, fir and cedar $3 per 1000 feet. Dressed, do $5 per 1000 feet. Shingles .• $1 per lOOO. Fence Pickets $2 per 1000. l^aths ,. $] per 1000. 236 [30 ViOT.] Customs. [No. 9d.] Live Stock : — Horses and Mules "..... |2 per tead. Beef Cattle $3 per head. Milch Cows ;: $2 per hea^. Sheep and Groats 75c. per head. Hogs $2 per head. Oatmeal Iff. per lb. Potatoes Jc. per lb. Bice IJc. per lb. Sugar, raw 2e. pet lb. Do., refined 2Jc. per lb. Spirits : — t*° proof. Brandy $2 per gall., according Gin, Whiskey, Kum, $2 „ „ „ All other kinds $2 „ „ „ Shot 2c. per lb. Tea 12Jc. per lb. Tobacco 25c. per lb. Vegetables, viz. : — Onions 2c. per lb. Other kinds, fresh Ic. per lb. Wheat 35e. per 100 lbs. Wines, viz. : — Champagne and Moselle ^ $3 per doz, (qte.) China Medicated $1.50 per gall. California, red and white 25o. per gall. Claret > 20c. per gall. Port, Sherry, and all other descriptions 75e. per gall. A.D. 18(57. SCHEDULE B. Ad valorem Duties. PEE CENT. Axes 15 Beef, salt 10 Billiard and Bagatelle Tables... 12 J Blankets 20 Boots and Shoes 20 Bread.. 20 Cards, playing 50 Chocolate 20 Clothing, ready made 15 Confectionery 30 Drugs, medicines 20 Dry Good3.„ 12J Earthenware 12J Fish, preserved, dried, and salt. 15 PER CENT. Firearms 12i Fruits, preserved and dried 12} Furniture 15 G-lass and Glassware 12} Groceries 12} Hardware and Ironmongery 12} Harness and Saddlery 20 Hemp Canvas 2} Leather 15 Jewellery 20 Machinery 10 Matches 12} Meat, preserved.... 12$ Do. fresh » 20 237 [No. 80.] Mxeh,equer Debenture. [30 YicT.] A.D. 1867. ^^^ °^^'^- Molasses 12i Nails 12i Nuts and Almonds...... 12^ Oils 15 Opium .- 25 Paints •. 10 Pork, salt 10 Plants, trees, and shrubs 12J Poultry, dead and alire 25 Quicksilver 10 Hope, Cordage, and Twine 5 Soap 15 Stationery 12^ Tinware 25 PER CENT. Vegetables, preserved and salt.. 10 Waggons, Carriages 20 Trunks 12J Watches and Clocks 12i Window Sashes and Doors , 20 Ship building material, viz. : — .Manufactured Sails 20 Cotton Canvas 5 Woodenware 12J Yeast Powders 12} All other articles not enumer- ated in either of the above lists, nor in the following list of free goods 12} SCHEDULE 0. The following Articles shall be admitted Free of Duty. Agricultural Implements^ Books Printed and Manuscript, Bricks, all Fresh Fruits not enumerated in Schedule of Specific Duties, Coin, Gunny Sacks, Iron and Steel, all kinds of Woods not enumerated in Schedule of Specific Duties, Calves under twelve months old, Personal Effects, Salt, Garden Seeds, Grain for Seed, Tar and Pitch, Tin, Copper, and Zinc, Lead in pipe, sheets, and bars. Wire (Iron and Brass), Copper Sheets, Boiler-plates and Bolts, and patent metal for Ships, Iron Hoops, Sheet Iron, Rough and partially Manufactured Woods used in construction of Carriages and Waggons, and Steel Springs, Waggon Axles, Anchors, Cables, Chains, and Copper Bolts for Ship Building, Fresh Fish, Fish Oil, Whalebone, Raw Hemp for Rope Making, Tallow, Gas Retorts, Fire-clay, Furs, Hides) Lemon and Lime Juice, Guano, Wool, Oakum and Jute, Ships' Blocks and Junk, Blacksmiths' Coal. No. 80. A.D. 1867. An Ordinance to authorize the issue of Debentures for short temporary Loans. \2,Qth March, imi.'\ Preamble. TITHEREAS it is expedient to authorize the issue of Debentures ' ' for the purpose of paying off existing temporary Loans, to be secured upon the General Revenue of the Colony, in manner here- inafter declared: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as foUov/s : — 238 [30 Vict.] Exchequer Debenture. [Ko*. 80.] 1. It shall be lawful for the Governor for the time being of the A.D. 186/. said Colony, from time to time or at any time hereafter, to cause to . . . — : 1-r^i , 1111-11 Authorizes issue of be made out and issued Debentures, to be called "Exchequer Debentures. Debentures" and secured upon the General Revenue of the Colony, for such sum or sums of money not exceeding One Hundred and Fifty Thousand Dollars in the whole, as may be required to meet the existing liabilities of the Government. 2. Such Debentures shall bear Interest at a rate not exceeding- pixes rate of inte- twelve per centum per annum, payable half-yearly on the Ist ''^^*- January and 1st July in each year, and shall be redeemable at any time not more than two years after the issue thereof, and upon not more than three calendar months' notice being given by the Govern- ment to the holders thereof. 3. Every Debenture shall be for any sum or sums not less than Debentures to be Eive Hundred Dollars, and, together with the interest thereon, shall °°* ^^^^ ^^^^ Sfsoo. be payable at such place as the Governor shall appoint in that behalf, 4. All Debentures made out and issued under this Ordinance Dgbenturea bow shall be signed by the Treasurer of the Colony, and countersigned ^^^^ °^^- by the Colonial Secretary of the Colony, or the persons acting as such respectively for the time being, on behalf of the Government of British Columbia, and shall be entered by the Auditor General of the said Colony in a Eegister to be called the " Exchequer Deben- ture Eegister," and such Debentures shall be deemed a charge upon all the Revenues of the Colony from whatever source arising, and in order of priority next after the existing charges upon the said Revenues as already by Law imposed. 5. The said Debentures shall be in the Forn marked A. set forth j^ ^^^^^ j^ ggi,g|j„ie in the Schedule hereto, and shall bear date on the day of the a. issuing thereof, and shall be numbered arithmetically, beginning with number one. 6. The said Debentures shall be made payable to the bearers Debentures payable thereof, and shall pass by delivery only, and without any assign- to bearer, ment or endorsement, and the holder or bearer for the time being of every such Debenture shall have the same rights and remedies in respect of the same as if he were expressly named therein. 7. It shall be lawful for the said Governor to authorize the whole „ . Governor may au- or any portion or the said Debentures to be negotiated, contracted thorize sale of De- for, or sold by the Treasurer of the Colony or other Agent duly *'«'i*"'^*5- authorized by the Governor, and at such times, in such sums, and in such manner as he may direct, provided the same be not issued at less than par. 8. All moneys raised under this Ordinance shall be paid to the „ "; _.,. . , How to be accounted use of Her Majesty, Her heirs and successors, in such manner as for. the said Governor shall prescribe, for the purposes mentioned in 239 [Fo. 80.] Exchequer Debenture. A.D. 1867. Debentures how to be paid off and re- deemed. Forgery felony. Short Title. [30 Vict.] Section 1, and shall be accounted for as if they formed part of the current Eevenue of the Colony. 9. It shall he lawful for the Governor from time to time to authorize the said Treasurer of the Colony, or other person acting in that capacity for the time being, to redeem and pay off any of' the said Debentures to such amount as shall, out of the current Eevenue of the Colony, or otherwise, be appropriated by the Governor for that purpose, and all Debentures purchased and redeemed shall be cancelled and destroyed, and no re-issue of Debentures shall be made in consequence of such re-purchase and destruction. 10. Any person who shall, or shall attempt to, forge, or alter, or utter, or dispose of, or put off, knowing the same to be forged or altered, any Debentare made out and issued, or purporting to be made out and issued under this Ordinance, shall be guilty of Felony, and being convicted thereof shall be imprisoned for sl!ny period not exceeding three years, with or without-hard labour, at the discretion of the Judge before whom any such person shall be tried and con- victed. 11. This Ordinance may be cited for all purposes as the "Exche- quer Debenture Ordinance, 1867." SCHEDULE A. Form of Dbbentuee. govbknmbnt of british columbia. Under the authority of the " Exchequer Debenture Ordinance, 1867." This Debenture entitles the Bearer to Dollars on the day of 18 , which sum together with the Interest thereon, at and after the ^^^^ °f pel cent, per annum, (payable half-yearly) is secured on the General Revenue of the Colony of British Columbia. Dated the day of A.D. 186 . Countersigned; Treasurer. Colonial Secretary, Entered in Exchequer Debenture Register, 240 Avditor. [30 Vict.] Legal IVacUtionerS. [ptd. 81.] No. 81. A.D. 1867. An Ordinance respecting the Legal Professions. Extended to y. i. llstAprU, 1867.-] ''^''°-^°^- WHEREAS it is expedient to regulate by Statute the admission preamble, of all persons who shall be allowed or entitled to practise in the Courts of this Colony as Barristers, Attorneys, Solicitors, and Proctors: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. " The Legal Professions Act 1865," passed in the late Colony Repeals "The Legal of Vancouver Island, is hereby repealed, save as to uU rights acqui- Professions Act, red, and liabilities incurred thereunder. 2. " The Legal Professions Act, 1863," of this Colony shall be and Extends provisions the provisions thereof are hereby extended over this Colon v as at of "The Legal Pro- j. ^.^ ^ , . •' . n ■, ., . , , fessions Act, 1863," present constituted, save as herein amended, that is to say: the over United Colony. Form A. in the Schedule of this Ordinance shall be and the same' is hereby substituted for and in lieu of the Form A. in the Schedule of the said"Legal Professions Act, 1863." 3. Sections 1, 2, 3, and 4, aud the third or last sentence of 2^^^^,^ ^^^.^^j^ g^^. Section 10 ot the Order of the Court of British Columbia, made by tions of Order of the Judge of the said Court, in pursuance of a Proclamation made °^^ ' and passed on the 24th day of December, 1858, are hereby dischar- ged and repealed. 4. Th^ remaining part of Section 10, with Sections 11 and 12, ^^optg certain Sec- of the said Order of Court are hereby adopted, and it shall form tions of said Order, part of this Ordinance. Provided, however, that it shall be lawful for the Judges of the Supreme Court of Civil Justice of British Columbia, with the concurrence of the Governor in Council, from time to time, and at any time hereafter, to discharge, revive, or vary such last mentioned Sections of the said Order of Court. 5. The Schedule hereto shall be deemed a part of this Ordinance, ggi^auie 6. Jhis Ordinance shall come into operation on the first day of j. . - July, 1867. °' ^ ° °^"°' "'"' 7. This Ordinance may be cited for all purposes as the "Legal „ Practitioners' Ordinance, 1867." 241 pro. 81.] Legal Practitioners. [30 Yict.] A.D. 1867. SCHEDULE. Form A. Form of Declaration. 1, A. B. of do solemnly and sincerely declare that I am a Barrister-at*Law \pr Advocate], duly authorized to practise in the Superior Courts (not having merely local jurisdiction) of England, ^Ireland, Scotland, Or Her Majesty'* Colony qf ' as the case may 6e] and that I was called to the Bar by the Honourable Society of , \or duly called to the Bar, and admitted, and enrolled as a Barrister in the Court, in the said Cfotony;'] [{variation Jor an Attorney or Solicitor; that I am an an Attorney of Ser Mdjesiy's Court at Westminster, or Solicitor, Proctor, or Writer to the Signet, as the case may be, amd that I was duly ad- mitted and enroMed as am, Attorney [or Solicitor as fiie case may 6e], of thk said Court at Westminster, [if in one of Her Majesty's Colonies vary the word- ing accordingly"] on the day of ] ] And that I am the person named in the Certificate now produced, and that I am a British Subject by birth [or naturalization, if natu/ralized state the date]. And that I am truly qualified to act in the capacity of according to the tenor of my qualification, and that I have never been disqualified, nor done any act whereby, or by reason whereof, I may be or become disqualified, and that no application or proceeding whatsoever is now pending against me in any part of Her Majesty's Dominions, with the object of disqualifying me, or by reason whereof I might have become disqualified &om acting as a Barrister, [Advocate, Attorney, Solicitor, Proctor, or , as the case may he]. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act made and passed in the fifth and sixth years of the Reign of His late Majesty, King William the Fourth, o. 62, intituled "An Act to repeal an Act of the present Session of Parliament in- tituled an Act &r the more effectual abolition of Oaths and Affirmations, taken and made in the various Departments of the State, and to substitute declarations in lieu thereof, and for the more entire and effectual suppression of voluntary and extra judicial Oaths and Affidavits, and to make other provisions for the abolition of unnecessary Oaths." Signature of Declarant *** Made and subacribed at this day of A. D. before me, Form, of Declaration by a Doctor of dvil Law. I, A. B. of do solemnly and sincerely declare that I am a Doctor of Civil Law of the University of , and was duly admitted to that Degree at , on the day of . And that I am the person named in the Certificate now produced, and that I am a British Subject by birth, [or naturalization, if naturalized state the date]. And I make this solemn declaration, &c., [concluding as above], 242 [30 VioT.] Currency. [Ko. 83.] No. 82. An Ordinance to render uniform the Laws establisliing a A.D. 1867. Decimal System of Accounts, and regulating tlie Currency of the Colony. [2nd AprU, 1867.] WHEEEAS it is expedient to render tiniform the Laws estab- preamble, lishing a Decimal System of Accounts, and regulating the Currency in all parts of the Colony: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows :— 1. "The Curreacy Act, 1862," of the former Colony of Vanpou- EepeaJflforrosrActs. ver Island and its Dependencies, and " The Decimal Currency Ordinance, 1865," and "The Currency Adjustment Ordinance, 1866," of the Colony of British Columbia, previous to the TTuion, are hereby repealed. 2. The Public Accounts of the Colony shall be kept in Dollars Public Accounts to and Cents; and all Accounts to be rendered to the Government, or and^cwits °''"*'* to any Public Office or Department in the said Colony, by any Officer or Functionary, or by any person receiving aid from the Colony, or being otherwise accountable to the Government thereof, shall be so rendered in Dollars and Cents. 3. Except as to Fines, Forfeitures, Duties of Customs, and other Equivalent moneys the sums hereinafter excepted, the following Gold and Silver Coins of account, shall pass current for and be a legal tender for the sums set oppo- site to them: — The Pound Sterling, or Sovereign, for Four Dollars and Eighty- five Cents; The Half-Sovereign, Two Dollars and Foriy-two and a half Cents; The Crown piece, One Dollar and Twenty-five Cents ; The Half-Crown piece, Sixty-two and a half Cents; The Shilling, Twenty-five Cents; The Sixpence, Twelve and -& half Cents; The Threepenny piece. Six Cents ; The Gold Eagle of the United States of America, coined after January 18th, 1837, Ten Dollars; The Twenty Dollar piece, coined after the like date, Twenty Dollars; The Five Dollar piece, coined after the hke date. Five Dollars; The Two and a half Dollar piece, coined after the like date. Two Dollars and Fifty Cents; 243 [No. 82.] Currency. [30 Vict.] AD 1867 "^^^ Dollar Gold piece, coined after the like date, One Dollar; The Silver Dollar piece. One Dollar; The Half-DoUar, Fifty Cents; The Quarter Dollar, Twenty-five Cents; The Dime, Ten Cents, Tender of Silver 4. Silver Coins shall not he a legal tender to the amount of more Coins limited. ^^^^ rpg^ Dollars; and the holder oflfotes or other Documents purporting. to be evidence of debt of any person or persons, or body corporate, to the amount of more than Ten Dollars, shall not be bound to receive more than that amount in Silver Coins in payment of such Ifotes or other Documents as aforesaid, if they are presented for payment at one time, although each or any of such Notes or other Documents be for a less sum than Ten Dollars. Scale for converting 5. All Fines, Pees, Forfeitures, Duties of Customs, and other Hcaie tor converting "* ' ' -, -, .^ n -rr -kit • j. -rr sterling in iocai;iaws the sums of money made payable to the use oi Jler Majesty, Mer into Currency. j^^-^g ^^^ successors, in sterling, and which may be due or leviable under the provisions of any Act of the Imperial Parliament now or hereafter to become in force in this Colony, or of any Proclama- tion, Ordinance, or Act now in force in this Colony,, or any part thereof, shall be levied, assessed, and collected according to the following scale of conversion, that is to say: — In lieu of Half-penny Sterling, One Cent; In lieu of One- Penny, Two Cents; In lieu of One Shilling, or One Shilling and a Half-penny, Twentf- five Cents; In lieu of Two Shillings, or Two Shillings and One Penny, Fifty Cents; In lieu of Four Shillings, or Four Shillings and Two pence. One Dollar; In lieu of Six Shillings, or Six Shillings and Three Pence, One Dollar and Fifty Cents; In lieu of Eight Shillings, or Eight Shillings and Four Pence, Two Dollars; and so on in like proportion; And, in lieu of the Pound Sterling,- Five Dollars. 6. This Ordinance may be cited for all purposes as "The Cur- rency Ordinance, 1867." Short Title. 244 [30 Vict.] P T Repeal of preceding Island and its Dependencies, and "The Indian Liquor Ordinance, Acts and Ordinances 1865," of the Colony of British Columbia, are hereby repealed: ^"''proviso. Provided, however, that such repeal shall not have the effect of reviving any Proclamations, Ordinances, or Acts respectively repealed by the said Act or Ordinance hereby repealed, or either of themj and, provided also, that all liabilities and penalties imposed and accruing due under the said repealed Act and Ordinance, or either of them, and all remedies and punishments for recovering and enforcing the same shall still,' notwithstanding such repeal, remain in full force and effect, and be capable of being enforced and inflicted as if such Act and Ordinance were still in force, but not further or otherwise. 2. Any person selling, bartering, or giving, or attempting imposes a penalty of to sell, barter, or give intoxicating liquor to any Indian of the f soo for seiung u- Continent of I^Torth America, or of the Islands adjacent thereto, '^"° shall be liabl-e on conviction for each such offence, to a fine not exceeding five hundred dollars. 3. Any person found in possession of intoxicating liquor of anv , . ^. . ..1 , . i 1 J? T. J r T J- • Persons found m tn> ■description in the house, tent, or place oi abode oi any Indian, is dian dwellings with liable under this Ordinance to be deemed prima facie to be in such ''1^°"^ punishable, house, tent, or place of abode, for the purpose of giving such intox- icating liquor to Indians, and shall upon conviction be liable to a fine not exceeding five hundred dollars, and imprisonment not exceeding six mouths. 249 [No. 85.] Indian lAqucrr. [30 Vict.] &..D. 1867. ^- When it shall be proved to the satisfaction of the convicdng . Justice, that the person charged has been before convicted tinder to* 12 months' im- this Ordinance, or either of the Act or Ordinance hereby repealed, prisonment with ^he Justice may, on conviction, commit such offender to prison for hard labour. "^ ' i- •"■ a term not exceeding twelve months with hard labour, without the option of a fine, should such Justice see fit so to do, ' Offender under 16 5. In any case where it shall be proved to the satisfection of the ^rivatei ^whi"*ed''* convicting Justice,that the offender has not attained the age of six- teen years, the Justice may order such offender to be once or twice privately whipped, in lieu of or in addition to the aforesaid penalties, at the discretion of the Justice. Penalties on iicen- 6. Ally person holding any wholesale or retail Liquor Licence in KSSthis'orT- t^e Colony, who shall be convicted under this Ordinance, shall,, at uance. the discretion of the convicting Justice, be liable to the forfeiture of his Licence, in addition to the other penalties, and shall not be entitled to a renewal of such Licence, in any part of the Colony, for a term of two years from the date of such conviction. Vessels &c., enga. 7. "When it shall be provcd before any Justice,, that any vessel, ged in the traffic to boat, canoe, or conveyance of- any description, whether on the be confiscated. ^ „-^ . . , ^ -, ■, . • "^ ' . , , Coast of British Columbia, or on any river, lake, or stream in the Colony, is employed in carrying intoxicating liquor to be supplied to any Indian or Indians, such vessel, boat, canoe, or conveyance so employed, shall be declared forfeited; and every person engaged in the conveyance, sale, or distribution of such liquor, in manner aforesaid, on board of such vessel, boat, caBoe, or conveyance so employed, shall be liable to all the penalties provided for under this Ordinance for persons convicted of selling liquor to Indians. _. . ,. , - 8. It shall be lawful, nevertheless, for any ' Justice before whom Giving liquor to In- _ ' . dians when jnstifi- any charge is brought under this Ordinance, notwithstanding any- ^^^^' thing herein contained to the contrary, to acquit any person who has given intoxicating liquor to Indians medidnally, or under such other circumstances as may appear justifiable. One-third of penalty ^- "^"^ person giving information, leading to the conviction of to go to informer, any person under this Ordinance, shall be entitled to receive one- third of any pecuniary penalty ^inflicted under this Ordinance, at the discretion of the convicting Justice. Search for liquor on ^^- ^"^ ^^^^^ ^® lawful for any Officer of Customs, 'or for any board ship. Superintendent or Inspector of Police, or any other Officer specially appointed by the Governor for that purpose, or for any Officer of Her Majesty's Navy on full pay, at his discretion, to rummage and search for fermented, spirituous, or intoxicating liquor, any ship, boat, canoe, or other vessel suspected of containing intoxicating liquor for the use of Indiaus, and upon reasonable ground in, that behalf, to detain and seize the same, and bring her for the purpose of investigation and adjudication to any convenient port or place 250 . pO 'VicT.]i Indian Liquor^ [No. 85.] witihin'the said Colony ; and every Master of a ship, boat, canoe, or ^.p. iggT, other vessel haviing on board his ship, boat, canoe, or other vessel, any fermented, spirituous, or intoxicating liquors not satisfactorily accounted for, shall forfeit and pay a penalty not' exceeding one thousand dollars, and all such last mentioned fermented, spirituous, or intoxicating liquors shall be forfeited. :^i. No ship, toat, canoe, or other vessel having fermented, o^^^at conditions spirituous, or jntoxicating liquors on board shall leave any port in liquor may be ship- the Colony of British Columbia for any part of the Coast of the ^^est Coast! said Colonj', or for any port or place on the Coast of Russian America, or to the northWard thereof, without the Master of such ship, boat, canoe, or other vessel, making a declaration in the Form marked 1, in the Schedule to this Ordinance, setting forth the quantities, description, and destination of such liquors as aforesaid as may be on board, and obtaining from the Officer of Customs, at the port of departure, a permit to carry such liquors, which permit may be in the Form marked 2, in the said Schedule. It shall be lawful, however, for the Grovernor to exempt any vessel from the operation of this Section of this Ordinance, whenever the circum- stances shall be such as, in the opinion of such Grovernor, to render ■such exemption expedient and desirable. 12. Every person obstructing any Officer of Customs, or of Her pgnaity for obstmc- 'Maj^esty's Navy, on full pay, or any Peace Officer, or other Officer ting officers in the specially appointed by the Governor for the purpose of this Ordi- nance, or any person lawfully acting under their or any of their orders respectively, in pursuance of the powers given under this Ordinance, shall be guilty of an offence, and on conviction thereof, shall be liable to a penalty not exceeding the sum of five hundred dollars. 13. Whenever any penalty is imposed for any offence under this pgnaUies. Ordinance, the same may, unless otherwise provided, be recovered and inflicted by way of summary proceedings before any single Justice of the Peace, and every such penalty may, with costs of conviction, be levied by distress and sale of the goods and chattels of any offender; and in case such goods and chattels shall prove insufficient to satisfy such penalty and costs, then by imprisonment of such person so offending, for any term not exceeding twelve calendar months. 14. Jn the construction of this Ordinance the word " Governor" interpretaUou shall be held to mean the Governca" of this Colony, or other the Clause. Officer administering the Governnment of this Colony for the time being; and whenever in this Ordinance in describing or referring to any person or party, matter or thing, any word importing the masculine gender or singular number is used, the same shall be understood to include and be applicable to several persons and 251 [N"o. 85.] Indian lAguor. [SO Vict.] A.D. 1867. parties as well as one person or party, and females as well as males^ — and bodies corporate as well as individuals, and several matters and things as well as one matter or thing, unless it otherwise be pro- vided, or there be something in the subject or context repugnant to such construction. Warrant of commit- 15. In case of any summary conviction ilnder this Ordinance, no "'*''*• warrant of commitment upon a conviction shall be held to be invalid by reason of any defect therein, if it be therein alleged that the person offending has been convicted and there be a good and valid conviction to sustain the same. Short Title. 16. This Ordinance may be cited for all purposes as "The Indian Liquor Ordinance, 186T." SCHEDULE. Form 1. Shippmff Mil for Fermmtedf Spirituous, or Intoxicatinff Mqums; a) - ^ ^ I" CO '"■*= •^ H _ h M a ■ • S -g bo >;. ■go £ Si .a 1^.2 g 1^ ^ ai • o •P-g m o'C 9 is ^ o n s O S ^ .a -a , ^ s P4 o I dexslare the entries in this Bill to be correctly made. (Signed) Master of the above [Station of Gka/rance.'] Dated this day of 18 , . 252 [30 Vict.] Shipping. [No. 86.] Form 2. A.D. 1867. Permit to carry Fermented, Spirituous, or Intoxicating Inquors. Sis fl a> O ® o ©"S S d 2 c° S S S m » o t: 9 3 FM-O £j so Cn o "^ . a o M O ~3 •* a P. The Fermented, Spirituous, or Intoxicating Liquors above described are hereby permitted to be carried and borne to the destinations and for the pur- poses above specified, (Signed) [Name and description of Officer. '\ [Station of Clearance.] Dated this day of 18 . A.D. 1867. Preamble. No. 86. An Ordinance respecting Harbour and Tonnage Dues, and to regulate the Licences on the Vessels engaged in the Coasting and Inland Navigation trade. [2nd April, 1867.] WHEREAS it is e35)edient to assimilate and amend the Laws relating to the collection of Harhour and Tonnage Dues and Coasting and Inland Navigation Licences : Be it enacted by the Governor of British ColA,mbia, vpith the advice and consent of the Legislative Council thereof, as follows : — 1. The British Columbia Proclamations of the 15th June, 1859, ^ __„ ' . Repeals preTious of the 25th June, 1859, and of the 10th December, 1859, relating Acts. to Tonnage Dues, " The Harbour Dues Amendment Ordinance, 1865," together with "The Ports of Entry Act, 1863," "The Har- bour Dues Act, 1866," and "The Stock and Carcass Act, 1865^" of the former separate Colony of Vancouver Island, are hereby re- pealed, save as to any sums due on wrongs and penalties recoverable and enforceable under the aforesaid Proclamations, Acts, or Ordi- nances, or any of them, but no such repeal shall revive any local 25S {]«ro. 86.] mpp,ng. t^O Vict.] A.D. 1867. Laws previously repealed by any such Proclamations, Acts, or — Ordinances. Entrance and clear- 2, From and after the passing of this Ordinance, there shall be »noe fees as m levied, coUecfed, and paid, to the use of Her Majesty, Her heirs and Schedule A. ' ,' ' "^ ' . successors, on all V essels entering inwards from parts beyond sea, or clearing outwards for parts beyond sea, or engaged in the Coasting Trade of the said Colony, or in the navigation of the rivers and lakes and inland waters of the said Colony, the several sums more particularly described in the Schedule hereto marked A. Collection under 3> ^^^ s^i^ sums are hereby made payable to the Collector of charge of Collector Customs of the said Colony, who is hereby ^authorized by himself and his Officers to demand and enforce [payment of the same from the Master of the Vessel in respect of which such moneys are pay- able, and to give full and complete receipts and discharges for the eame. Coasting trade how 4. The Coasting Trade of the Colony of British Columbia shall regulated. jjg deemed to be described, regulated, and restricted by those provi- sions of the "Customs Consolida,tion Act, 1853," which refer to the Coasting Trade of the United Kingdom, and the regulations, restrictions, and penalties therein contained shall be deemed and taken to apply to all Vessels and persons engaged in the Coasting trade of British Columbia, as if British Columbia had been expressly named in such provisions in lieu of the United Kingdom. BEpEAtED by [5- -^ shall he lawful for the Governor in Gmmcnl at any time or times, shnM No. 105. fecial circumstances make the granting of such privileges in his opinion de- licmsed^for Coasting sirable, hereafter to licence and authorize any Foreign bottoms to engage in the trade.'] Coasting Trade or Inland Navigation of British Columbia.'] Collector of Customs 6- AH licences granted underthis Ordinance shall be under the to grant all licences, hand of the Collector of Customs, or other Officer duly authorized by the Governor in that behalf, and may be in the form applicable to the particular tease contained in Schedule B. hereto, and may contain such special provisions of revocation, variation, or other- wise, as to the Governor in Council may seem meet. Licensed Foreign T. In addition to any such provisions, or in the absence thereof, Teasels how reguia- ^^gj.^ foreign Vessel so licensed, and the Master thereof while so licensed, shall be respectively subject to the same regulations and penalties as apply under this Ordinance to British bottoms similarly engaged, and the Masters thereof respectively. Penalty for not tak- 8. If any Vessel shall proceed ou any coasting voyage or any ing out Licence. voyage On any river, lake, or other inland waters, without having taken out a licence for such Coasting or Inland trade, tiie Master of every such Vessel, for every such offence, shall forfeit a sum not exceeding five hundred dollars. Disputes about col- 9- In case of any dispute concerning any moneys hereby autho^ lection how settled. \^q^ ^q ^g levied and paid, or the evasion or attempted evasion of 254 [30 Vict. J Skipping. fNo- 86.] the payment thereof, the amount payable shiall he ascertained and A.D. 1867. recoverable under the provisions of the "Customs Consolidation — Act, 1853," so far as such provisions are from local circumstances capable of being applied, in the same manner as if the moneys hereby made payable were Duties of Customs lawfully impos^ed, and any Vessel in respect of which any such default shall arise may be detained for and during the continuance of such default. 10. In the construction of this Ordina,nce and the Schedule hereto, intei^etBtion of the expression "parts beyonds sea" shall include any port or place "parts beyond sea."' beyond the limits of the Colony. 11. So much of Part IV. of the " Merchant Shipping Act, 1854," Applies part of Mer- as refers to the survey and inspection of Vessels, and the prevention chant Slipping Act, of accidents, and from local circumstancea is applicable to this Colony, shall extend and apply to Vessels engaged in navigating the inland waters of the Colony. • 12. The Schedule shall form part of this Ordinance. , schedule. 13. In the construction of this Ordinance the word "Governor" interpretation shall be held to mean the Grovernor of this Colony or other the °^^^^^- Officer administering the Governm,ent of this Colony for the time being; and whenever in this Ordinance in describing or referring to any person or party, matter or thing, any word importing the masculine gender or singular number is used, the same shall be understood to include and be applicable to several persons and parties as well as one. person, or party, and females as well as males, and bodies corporate as well as individuals, and several matters and things as well as one matter or thing, unless it otherwise be pro- vided, or there be something in the subject or context repugnant to such construction. 14. Every penalty imposed by or by virtue of this Ordinaace, not Penalties how re- otherwise herein provided for may, with the costs of conviction, be '>°^^^°'^'^- levied by distress and sale of the goods and chattels of any offender; and in case such goods and chattels shall prove insufficient to satisfy such penalty and costs, then by imprisonment of such offender, for any term not exceeding three calendar months ; and no warrant of commitment upon a conviction under or by virtue of this Ordinance shall be held to be invalid by reason of any defect, if it be therein alkged that the offender has been convicted, and there be a good and valid conviction to- sustain the same. 15. This Ordinance may be cited for all purposes as the " Ship- Short Title, ping Ordinance, 1867." [265 [No. 86.] Shipping. [30 TicT.] A.D. 1867. SCHEDULE A. ABOYE EEFEREED TO. [For all Vesselsj other than Y easels holding a Coast- ing Licence, entering or clearing at any port, for every such entrance or clearance 4 cents per top register. Provided, always, that such charges shall not be made upon or exacted from Vessels seeking any Harbour in distress, or by reason of stress of weather, or solely for the purpose of supplying themselves with stores and provisions. For all Kiver and Coasting Steamers $1.50 per ton per annum. For all Coasting Sailing Vessels $1 per ton per annum. For every Boat plying or let out for hiye, under 12 ft., $2.50 for 6 months. Do., do., do., 12 feet and over, $5 for 6 months. For every Lighter and Scow, under 7 tons, plying or let out for hire $6 for 6 months. And for every additional ton above 7 tons 25 cents for 6 months. SCHEDULE B. ABOVE REFERRED TO. [Eoyal Arms.] British Columbia. Coasting and Biver lAcence. Subject to the provisions of the " Shipping Licence Ordinance, 1867," the " Customs Consolidation Act, 1853," and so much of Part IV. of the " Mer- chant Shipping Act, 1854," as relates to survey, inspection, and prevention of accidents, the [A. .8.] Master, is hereby licensed for the Coasting and Eiver Trade, from to 18 . * , Collector, Custom House, 18 . [or other competent Officer.] [Koyal Arms.] British Columbia. Inland Navigation Licence. Subject to the provisibns of the " Shipping Licence, Ordinance, 1867," and so much of Part IV. of the " Merchant Shipping Act, 1854," as relates tosirf- Vey, inspection, and prevention of accidents, the Steamer [or otherwise, as the cm "ffi^y 6e] , Masts*, ia hereby licensed to trade on the Inland Waters of British Columbia, from to 18 . ' — , CoUector, Custom House, 18 , [or other competent Officen] * Here insert any special provisions. 256 ' ' " ^ [30 Vict.] I^uiage. pTo. 87.] No. 87. An Ordinance to assimilate the Laws for the Regulation of A.D. 1867. Pilotage in all parts of the Colony of British Columbia [2nd AprU, 1867.] WHEREAS 'it is expedient to assimilate the Law for the Regula- Preamble, tion of Pilotage in all parts of the Colony: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. "The Pilotage Ordinance, 1866," of the Colony of British Repeals former Acts. Columbia before the Union, and "The Victoria Pilot'Act, 1864," of the former Colony of Vancouver Island and its Dependencies, are hereby repealed. Provided, however, that such repeal shall not affect any rights acquired or any liabilities or penalties already incurred under such Ordinance and Act, or either of them, or any remedies or punishments prescribed by such Ordinance and Act.or either of them, for enforcing the same, but such remedies and punishments may still for the purposes of such enforcements, but not further or otherwise, be held to be available and capable of imposition as if such Ordinance and Act were still in force; and, provided also; that such repeal shall not have the effect of reviving any Pilotage Law heretofore repealed. 2. It shall be lawful for the Governor to appoint, and from time po^erto Governor to time vary, such persons as he shall deem fitted in that behalf to to appoint and yary constitute a Pilot Board, who shall have the charge of all matters ' and things relating to Pilotage and Pilots, subject to the provisions of this Ordinance. 3. It shall be lawful for the Governor in Council, by any order j^^^ ^^ make rulea duly made and passed, from time to time, and at anytime, to make regulations and by- and alter such rules, regulations, and by-laws, as such Governor in ' Council may deem expedient in respect of the following matters, that is to say : — (a,) The establishment, management, and, maintenance, of the Pilot Board, its functions, and powers: (6.) The duties and jurisdiction of Pilots: (c.j The examination, passing, granting or suspension of Certifi- cates and Licences to Pilots: (d.) To examine Masters and Mates of ships or Vessels belonging to the Mercantile Marine, and to grant to them provisional Certificates of competency to act as Masters or Mates, as the case may be, of any such Ships or Vessels : (e.) The exclusion of unlicensed persons acting as Pilots : 257 [No. a?.] Pihtage. [30 Vict.] r A.D. 1867. (/.) Declaring, defining, and enforcing the rates of Pilotage and Pilot fees, and the exemptions from Pilotage : {g.) The Vessels and Ships which shall be subject to Pilotage fees: (A.) For regulating the persons from whom and to whom Pilot- age fees shall be appropriated and paid : {i.) Eor regulating the signals and passing and repassing of Steamboats and other Vessels within the waters of the Col- ony, and the duties of Pilots and Masters in respect thereto: (/.) For regulating the position and claims of Pilots as betweeij themselves : {k.) And generally, to. regulate q,ll such other matters and things whatsoever, in relation to or in connection with Pilots and Pilotage, iwhich the said Q-overnor in Council shall from time to. tim6 deem expedient to ordain. 4. Every sqch rule, regulation, and by-law so made, when pub- lished for one calendar month, continuously, in the Government Gazette shall, so far as the same shall not have been in like manner repealed or varied,, be deemed to be and have the force of Law, and be so recognized in all the Courts of the Colony. 6. Any, wilful l^reach or contrayention, by any person wbomao/j, of provisions of this ever, of any prqvisipn or any part of any provision of this Ordi- r inance- nance, or of any rule, regulation, or by-law to be made in pursuance thereof, shall be punishable summarily, upon information before a Magistrate of the Colony, and upon conviction, by a fine not exceeding, for a first offence, two hundred and fifty dollars, and for a second offence, not exceeding five hundred dollars. The same to be pub- lished in the Govern- ment Gazette for one month. Penalty for breach Penalties how im- ^osedk Interpretation Clause. Short Title. 6. Every penalty imposed by this Ordinance may, with the costs of conviction, be levied by distress and sale of the goods and chat- tels of any offender; and in case such goods and chattels shall prove insufficient to satisfy such penalty and costs, then by im- prisonment of such offender, for any term not exceeding three calendar months; and no warrant of commitment upon a conviction under this Ordinance shall be held to be invalid by reason of any defect, if it be therein alleged that the offender has been convicted, and there be a good and valid conviction to sustain the same. 7. In the construction of this Ordinance the word " Governor" shall mean the Governor of this Colony, or other person for the time being administering the Government thereof. 8. This Ordinance may be cited for all purposes as " The Pilotage Ordinance, 1867." 2S8 [30 Vict.] Medical Pfo. 88.] No. 88. An Ordinance respecting Practitioners in Medicine atnd Surgery. -A-D. 1867'- I2nd AprU, 1867.] Amended by ^ /^ ' -'No. 130. WHEREAS it is expedient that persons requiring Medical aid Preamble, should be enabled to distinguish qualified from ' unqualified Practitioners : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Councir thereof, as follows: — 1. It shall be lawful for tlie Governor from time to time to appoint Power to Governor a Registrar of Medical Practitioners within the said Colony. of Medical Practi- tioners. 2. It shall be lawful for the Governor, as occasion shall require, to GpTernor may pro- direct the mode and manner in which the Medical Register herein- ^^^. for keeping » iafter ihentionted shall be kept "by the said Registrar, in such par- ticulars as are not ptdvided for by this Ordinance. 3. It shall be the duty of the said Registrar to keep the said patieg of Medical Register correctly, and to erase the names of all registered persons Registrar, who shall have died, and from time to time to make the necessary alterations in the addresses or qualifications of the-persons registered under this Ordinance; and to enable the said Registrar duly ,to fulfil the duties imposed upon him, it shall be lawful for the said Regis- trar to write a letter to any registered person, addressed to him according to his address on the Register, to enquire whether he has ceaB'ed tb practise, or has changed his residence, and if no answer shall be returned to such letter within the period of three months from the recording of thfe letter, it shall be lawful to erase the name dfsiach person from the Register; prbvided, also, that the same may be restored by direction of the Governor should hie think fit to make an order to that effect, or by fresh registration. 4. Upon the application of any [person being possessed of any -^^homay be regis- diploma, licence, or privilege to practise Medicine or Surgery, from tered. any School, College, Society, or Eaculty of Medicine or Surgery, either in the United Kingdom or in a Foreign Cduntry, such School, College, Society, or Eaculty requiring a cottipulsory course df study extending over not less than three years, sueh person shall on pay- ment of a fee of ten dollars be entitled to be registered by the Medical Registrar, on producing to such Registrar the document conferring or evidencing the qualification, or each of the qualifi- cations, in respect whereof he may desire to be registered, and producing an iaffidavit made before a Magistrate, or other pbrson qualified to receive solemn declarations, to the effect that he is the person named in such document of qualification, and that sueh document of qualification has been duly granted by a School, 259 [No. 88.] Medical. [30 Vict.] A D. 1867. Society, or College requiring a course of study extending over a — period of not less than three years; and that he has not lost the benefit of the same by reason of misconduct, and such register may be amended in respect of any qualification subsequently acquired by any registered person on production and proof of such fresh qualification, and on payment of an additional fee of ten dollars for the same. Provided, always, that nothing in this Ordi- nance shall be so construed as to prevent any one possessing a Diploma who is now practising in this Colony from continuing to practise as heretofore, and to use the distinction heretofore adopted. Register open to 5. The said Eegister shall be open for inspection by the public P^'^lic- free of charge, and also as from time to time altered, corrected, and revised by the said Registrar shall be published in the Government Gazette of the said Colony at least once in every year. No legal remedy to 6. No person shall, after the 1st day of January, 1868, be entitled Medical Practition- to recover any charge in any Court of Law for any Medical or e^e^pUng Dentists! Surgical advice, or for attendance, or for the performance of any operation, or for any medicine which he shall have both prescribed and supplied, unless he shall prove upon the trial that he has been registered under this Ordinance. Provided, however, that nothing in this Ordinance contained shall be held to apply to a Dentist or the practice of a Dentist. Exempts Her Majes- 7. Nothing in this Ordinance contained shall be held to apply ty's Medical Officers. ^^ ^^y Medical Oflacer in Her Majesty's service on iuU pay, and on active service. Inflicts penalty on 8. Any person who shall wilfully and falsely pretend to be or false pretence. take the name or title of a Physician, Doctor of Medicine, Licentiate in Medicine and Surgery, Bachelor of Medicine, Surgeon, General Practitioner, or Apothecary, or any name, title, addition, or de- scription implying that he is licensed and registered under this Ordinance, or that he is recognized by Law as a Physician,, or Surgeon, or Licentiate in Medicine and Surgery, or a Practitioner in Medicine, or an Apothecary, shall, upon a summary conviction for any such offence, pay a sum not exceeding one hundred dollars. Falsification f R ^' '^^^ Registrar who shall wilfully make, or cause to be made, gister a misdemeau- any falsification in the said Register, shall be deemed guilty of a °'' misdemeanor, and shall on conviction thereof be imprisoned for any term not exceeding twelve calendar months. Fraudulent repre- 10. If any person shall wilfully procure or attempt to procure sentation a misde- himself to be registered under this Ordinance, by making or produ* cing, or cause to be made or produced, any false or fraudulent representation or declaration, either verbally or in writing, every such person so offending, and every person aiding and assisting him therein, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, and shall on conviction thereof be liable to imprisonment for any term not exceeding twelve calendar months. 260 tueauur. [30 Vict.] Marriage. [No. 89.] 11. Every fine or penalty imposed under the provisions of this A.D. 186r. Ordinance may be recovered with costs by way of summary con- T . viction, and in default of payment by distress and sale of the goods sed. and chattels of the offender, and in case of the insufficiency of such distress, by imprisonment of the offender for any term not exceed- ing three calendar months, but no proceedings for the recovery of any such fine or penalty shall be commenced after the period of six months from the time of the accruing of such fine or penalty; and in case of any summary conviction, no warrant of commitment upon a conviction shall be held to be invalid by reason of any defect therein, if it be therein alleged that the person offending has been convicted, and there bo a good and valid conviction to sustain the same. 12. All fines, penalties, and fees imposed under the provisions of Application of fines, this Ordinance shall be payable to Her Majesty the Queen, Her ^^^°> **^- heirs and successors, for the public uses of the said Colony, and in support of the Government thereof. 13. In the construction of this Ordinance, the word " Governor" interpretation shall be held to mean the Governor of this Colony, or other the *^^^"=^- person for the time being lawfully administering the Government thereof. 14. This Ordinance may be cited for all purposes as " The Short Title. Medical Ordinance, 1867." No. 88. An Ordinance to regulate the Solemnization of Marriage. A.D. 1867. [2nd April, 1867.] WHEEEAS it is expedient to assimilate the Laws regulating the Preamble. Solemnization of Marriage in all parts of the Colony of British Columbia: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. "The Act respecting Marriages in the Colony of Vancouver Repeals former Acts. Island and its Dependencies," made and passed in the year of Our Lord 1859, and the " Marriages Ordinance, 1865," of the lately separate Colony of British Columbia, are hereby repealed; provided, however, that all liabilities and penalties imposed and accruing, due under the said repealed Act and Ordinance, or either of them, and all remedies and punishments for recovering and enforcing the same, shall still, notwithstanding such repeal, remain in full force 261 [No. 89.] Marriage. [30 ViCT.J A.D. 1867. Who may celebrEte mai1:iage. Ministerg by the usual licence or banns.. Civil marriage be- fore a Begistrar. Notice. Declaration of non- disqualiflcation. Registrar's Certifi- cate. Contract of Civil Marriage. and effect, and be capable of being enforced and inflicted, as if such Act and Ordinance were still in force, but not further or otherwise; 2. The Ministers and Glergyinen of every church ^lid religious denomination in British Columbia, and the Eegistrars appointed by the Governor under the provisions of this Ordinance, iilay celebrate the ceremony of marriage between any two persons, neither of whorH shall be under a legal disqualification t6 contract such marriage. 3. Such Ministers or Clergymen may celebrate the ceremony of marriage according to the rites and usages of the church or denoin.i- nation to which every such Clergyman or Minister respectively belongs, between any two such persons, when authorized to do so by the usual licence, under the hand and seal of the Governor as Ordinary, or (if hot So authorized) then, except as is hfereinafter enacted, by the publieatioii of the banhs of such marriage openly, and in an audible voice, in any church, chapel, or place of public worship of the congregation or religioiis community with which the Minister or Clergyman is connected, on three consecutive Stn- daySj duriug Divine Service, together with the number of such proclamation, as being the first, second, or third time of asking. 4. In the event of any parties objecting to, or not being desirous of adopting either of the above modes of marriage, then, and in that case, notice in writing must be given to the Registrar of tke district where such parties propose to marry, at least fourteen clear days immediately preceding the day of the intended marriage, and a declaration, in the Form prescribed in Schedule A. hereto, of the non-disqualification of the parties, must be made and signed hy each of the parties so proposing to marry, at the same time such notice and declaration shall be entered in a book to be kept for that purpose by the Registrar in his office, which shall be open to the inspection of the public. 6. Upon the due compliance of the parties with the provisions of the aforegoing clause, the Registrar shall give a certificate of such compliance, in the Form mentioned in Schedule C. hereto. 6. After the expiration of the said period of fourteen days, marriage may be contracted in the office of the said District Eegis- trar, according to the form in the manner hereinafter mentioned', but not otherwise. Provided, neverthelessj that the marriage shall be contracted with open dOors, between the hours of ten 'a. ni. and four p. m., in the presence and in the office of the Registrar of the District, and in the presence of two or more credible witnesses. Provided, that in the presence of such Registrar and witnesses, each ot the parties shall declare — "I do solemnly declare that I know not ofany lawful impediment why I, 4. ^., may not be joined in matrimony to C. Z>.," and each of the parties shall say to the i!62 [30 Vict.] Marriage. [Fo. 89.] other— ^< I call upon tliese persona here present to witness that I, A.D. 1867. A, JB., do take thee C D., to be my lawful wedded wife (or hus- — hand)." Provided, also, that there be no lawful impediment to the marriage pf such p^rrties. 7. Provided, also, that nothing herein contained shall be con- Without religions ■strued as enabling any religious ceremony of marriage to be ''^'^"""'y- solemnized under or by virtue of a civil contract of marriage^ made as herein provided, through a Registrar, but all persons desirous of being married by religious ceremony, can only be so married after the licence, or publication of banns as aforesaid. 8. The Registrar of the District shall be entitled for every ^se. marriage which shall be contracted under this Ordinance, in his presence and office as aforesaid, to receive from the parties married, the sum ot ten dollars, to the use of Her Maj.esty, Her heirs and successors, 9. All marriages celebrated under the provisions of this Ordi- y»^itnesses necessary ° ■ . . , to 8. marriage. nance, by any Clergyman, Minister, or Registrar, must be in the presence of two or more credible witnesses besides himself, and such ceremony must be performed in a public manner, and with open doors (save Where otherwise permitted by licence). 10. Provided, always, that all Ministers, Clergymen, and Regis- Marriage register, trars shall, at the time of each marriage, enter a memorandum of such naarriage, in a book to be kept by them for that purpose ; and every such registration shall be signed by each of the parties, the Minister, or Registrar, or other duly authorized person officiating at the time, and witnessed by at least two credible witnesses, and shall be kept in the form of Schedule D. hereunto annexed ; all such registrations shall be open to the inspection of the public, and a certified copy of any registration shall be given to any person ■demanding the same, on payment of one dollar, and certified copies of such register books shall be sent by each Minister, Clergy- man, Registrar, or other authorized person aforesaid, twice in each year, viz, : on the 1st day of January, and on the 1st day of June, to the Registrar General, to be kept by him open for public inspec- tion and to be copied as aforesaid, upon payment of the said fee. 11. Every certificate, or copy of any registration, or document Registrar's Certifi- under this Ordinance, certified by the Clergyman or Minister, '^^ °" Registrar General, or Registrar extracting the same, shall be prima facie evidence of all the matters and things contained therein. 12. Nothing in this Ordinance shall be construed as in any way Quakers' and Jews' preventing the people called Quakers, or those professing the Jew- ish religion, from celebrating marriage where both the parties shall be of the people called Quakers, or persons professing the Jewish religion respectively, according to the rites and ceremonies of their own religion or creed ; provided, always, that all such Quakers and Jews shall, before marriage, give the notice, and make and sign 263 [No. 89.] * Marriage. [30 Vict.] A.D. 1867. t^® declaration of non-disqualification by this Ordinance prescribed, and comply witb all tbe requirements as to registration above men- tioned. False statement l^- -^^7 pcson who shall knowingly or wilfully make any false perjury. declaration or statement, or sign any false notice or certificate for the p&rpose of procuring any marriage, and every person who shall forbid the publication of banns, or the issue of the ordinary licence herein, or of any "Registrar's certificate, by falsely representing him- self or herself to be a person whose consent to such marriage is required by law, knowing such representation to be false, shall suffer the penalties of perjury. Penalty on perform- 14. Any Minister, Clergyman, or Registrar who shall wilfully lug illegal marriage. ^^^ knowingly celebrate the marriage of persons, either of whom may not be legally qualified, or who shall knowingly and wilfully marry persons in any other mode than one of those prescribed by this Ordinance, (except in the case of Quakers and Jews, as herein before mentioned) shall be guilty of felony. Form of registration 15. The registrations made by such Ministers, Clergymen, and Registrars shall be in the Porm prescribed in Schedule D. hereto^ and the notice and declaration to be given to the Registrar in the cases in this Ordinance mentioned shall be in the Form prescribed in Schedule B. hereto. Caveats. -^q ^^j person, on payment of two dollars and fifty cents, may enter a caveat with the Registrar of the District, against the issue of a certificate for the marriage of any person named therein, and if any caveat be entered with the Registrar, and such caveat being duly signed by or on behalf of the person who entered the same, together with his or her place of residence, and, the ground of objection on which his or her caveat is founded, no certificate shall issue or be granted until such Registrar shall have examined into the matter of the caveat, and is satisfied that it ought not to ob- struct the grant of the certificate for the said marriage, or until the caveat be withdra\yn by the party who entered the same. Appeal from District 1'^- Provided, always, that in case of doubt, it shall be lawful for Registrar. f]^Q Registrar to refer the matter to the Registrar General, and in the event of the Registrar deciding against the person entering the caveat, such person may appeal to the Registrar General, on giving notice of such intention within two clear days after such decision, and on giving bonds, satisfactorj' to such Registrar, for security of costs within four days of such decision. Any person authorized to enter a caveat shall, in addition to making such caveat, write the word "forbidden " across the notice of marriage in the marriage notice book, and sign the same with his name. tice"of o?dinalce°." ^^- -^^^ marriages celebrated from and after three calendar months after the passing of this Ordinance in any other manner than those allowed by this Ordinance shall be void. 264 [30 Vict.] Marriage. [Ko. 89.] 19. Provided, always, that in all matters relating to the mode of a.D. 1867. celebrating marriages, or the validity thereof, and the qualification ^^ matt^ra^ot here- of parties about to marry, and the consent of guardians or parents, m provided for, the or any person whose consent is necessary to the validity of such ^^^^°l ^"siand to marriage, the law of England shall prevail, subject always .to thei provisions of this Ordinance. 20. The father, if living, of any party under twenty-one years of ^^„ ^^^ ^i^^ ^o^. age, such party not being a widower or widow; or if the faliier shall sent. be dead the guardian or guardians of the person of the party so un- der age, lawfully appointed, or one of them; and in case there shall be no such guardian or guardians, then the mother of such party if unmarried ; and if there shall be no mother unmarried, then the guardian or guardians of the person appointed by the Court of Chancery, if any, or any one of them, shall have authority to give con- sent to the marriage of such party; and such consent is hereby re- quired for the marriage of such party so under age, unless there shall be no person authorized to give such consent. 21. That in case the father or fathers of the parties to be married, if consent unduly or one of them, so under age as aforesaid, shall be non compos refused, mentis, or beyond thd seas, or the guardian or guardians, mother or mothers, or any of them, whose consent is made necessary as afore- said to the marriage of such party or parties, shall be non compos mentis, or in parts beyond the seas, or shall unreasonably or from undue motives refuse or withhold his, her, or their consent to a proper marriage, then it shall and may be lawful for any person desirous of marrying in any of the before mentioned cases, to apply by petition to a Judge of the Supreme Court of Civil Justice, who shall judicially declare the same to be so; and such judicial declar- ation shall be deemed and taken to be as good and effectual to all intents and purposes as if the father, guardian or guardians, or mother of the person so petitioning had consented to such marriage. 22. Whenever a marriage shall not be had within three calendar Banns, licence, and months after the date of the Governor's licence, or the complete certificate unused . .„ „ void after 3 months. publication of banns, or the issumg of a Eegistrar s ^^certificate oi compliance with the provisions of this Ordinance, such banns, licence, or certificate shall be absolutely void from the expira- tion of such three months, and the application for authority to marry will have to be made afresh, in manner prescribed by this Ordinance. 23. The Schedules hereto shall be part of this Ordinance. Schedule. 24. Whenever in this Ordinance any act, deed, matter, or thing 111 intcrprotfttioJi IS required or permitted to be done, performed, or executed by the clause. Governor, the same may be done, performed, or executed, by the Governor of the Colony of British Columbia, or other the person , 265 A.D. 1867. Short Title. [No. 89.] Marriage. [30 TicT.] for the time being lawfally administering the Governnment of this Colony; and whenever in this Ordinance in describing or referring to any person or party, matter or thing, any word importing the masculine gender or singular number is used, the same shall he understood to include and shall be applicable to several persons and parties as well as one person or party, and females as well as males, and several matters and things as well as one matter or thing, un- less it otherwise be provided, or there be something in the subject or context repugnant to such construction. 25. This Ordinance may be cited for all purposes as "The Marriage Ordinance, 1867." SCHEDULE A. Declaration. I do solemnly declare that I know of no lawful impediment of kindred or alliance, or other lawful hindrance, why I, A. B., may not be joined in matri- mony to C. B., SCHEDULE B. Notice of Marriage. To the Eeffistraa- of the District of in the CdUmy of British I hereby give you notice that a marriage is intended to be had on the day of , between me and the other party described and named herein. Name. Condition, Bank or profession. Age. Dwelling place. Witness my hand this day of 18 . (Signed) A. B. 266 [30 Vict.] Marriage. SCHEDULE C. [ife. 89.] Begistrar's Certificate. I, , Eegistrar of the District of i in the Colony of British Columbia, do hereby certify that on the day of , noti9e was duly entered in the Marriage Notice Book of the said District, of the mar- riage intended between the parties therein named and described, delivered under the hand of , one of the parties, that is to say : — Name. Condition. Bank or profession. Age. Dwelling place. Date of notice entered 18 Date of certificate given 18 The issue of this certificate has not been forbidden by any person auijiorized to forbid the issue thereof. "Witness my hand at , this day of 18 (Signed) Registrar of the District. This certificate will be void unless the marriage be celebrated on or before the day of 18 . SCHEDULE D. Marriage Certificate. Marriages solemnized in the District of No. When married. Name ; and surname Age Condi- tion. Bank or* profes- sion. Eesi- dence. Place ' of ^irth. Father's name and surname. Bank or profession of father. 1 as the case may be: Married at , according to the rites and ceremonies of ]Tiere church or denomination to he inserted] by [hanns [or licence'] ; or, Married at , by civil contract, by A. B., Begistrar of •the District of This Marriage was solemnized by us, A.B. G. D. In the presence of us, E.F. G.E. (^Signatwe of the Minister, Glergymwn, or B^istrar, as the case may he.) A.D. 1867. 267 [No. 90.] Gold Mining. [30 Vict.] A.D. 1867. Preamble. Repeals preTious Acts. Interpretation Clause. Her Majesty, the Crown. Governor. Gold Commissioner, Mine. Claim. Mining property. Bar Diggings. Dry Diggings. Bench Diggings. No. 90. An Ordinance to amend the Laws relating to'Gold Mining. [2nd April, 1867.] "IIJHEREAS it is expedient to amend and assimilate the Laws ' ' relating to Gold Mining in the Colony: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows: — 1. Trom and after the passing of this Ordinance, " The Gold Mining Ordinance, 1865," and the Proclamations, Eules, and Eegulatious, and Ordinances repealed thereby, are hereby repealed; provided, however, that such repeal shall not in any manner affect any rights acquired, or any liabilities or penalties incurred there- under, or any remedies or punishments prescribed thereby, but such remedies and punishments may still for the purposes of such en- forcement, but not further or otherwise, be available and capable of imposition. 2. Li the construction of this Ordinance the following expressions shall have the following interpretations respectively, unless there be something inconsistent or repugnant thereto in the context: — The words "Her Majesty" or "the Crown" shall mean Her Majesty, Her heirs and successors: The word "Governor" shall mean and include any person Administering the Governnient of this Colony: "Gold Commissioner" shall include Chief Gold Commissioner, Assistant Gold Commissioners and others lawfully acting as Gold Commissioners, either under special authority or the authority of this Ordinance: The word "Mine" shall mean any locality in which any^vein, stratum, or natural bed of auriferous earth or rock shall be mined; and the verb "to mine" shall include any mode or method whatsoever of working the same for the purpose of obtaining gold therefrom : The word " Claim" shall mean the personal right of property or interest in any mine ; and in the term "Mining Property|^ shall be included every claim, ditch, or water privilege user for mining purposes, and all other matters and things thereto belonging, or used in the working thereof: "Bar Diggings" shall mean every mine over which a river ex- tends when in its flooded state : "Dry Diggings" shall mean any mine over which a river never extends : The mines on benches shall be known as "Bench Diggings," and shall for the purpose of ascertaining the size of claims therein be excepted out of the class of "Dry Diggings:" 268 {30 TiCT.] Gold Mining. [No. 90.] "Streams and Ravines" shall include water-courses, whether A.D. 1867. usually containing water or not, and all rivers, creeks, and , , I streams & Ravines. gulches : "'Hill CMims" shall include all claims located on the surface of Hill Claims. any hill : "Ditch" shall include a flume or race, or other artificial means Ditch. for conducting water by its own weight, to he used for mining purposes : *' Ditch Head" shall mean the point in a natural water-course or Ditch Head. lake where water is first taken into a ditch : "Free Miner" shall mean a person named in, and lawfully pos- Free Miner. sessed ot a valid existing Free Miner's Certificate, and no other. And words in the singular number shall include the plural, and the masculine gender shall include the feminine gender: The words "Eecord," "Register," and "Registration," as here- Record, &c. inafter used shall be synonymous. ■3. This Ordinances shall be divided into twelve parts : — Ordinance divided into twelve parts. The first part relating to the appointment of Gold Commissioners and their jurisdiction : The second part to Free Miners and their privileges : The third part to the Registration of Claims and Free Miner^s general rights: The fourth part to the nature and size of Claims: The fifth part to Bed-Rock Flumes : The sixth part to the Drainage of Mines : The seventh part to Mining Partnerships and Limited Liability: The eighth part to Administration : The ninth part to Leases: The tenth part to Ditches: The eleventh part to Mining Boards and their Constitution: The twelfth part to the penal and saving Clauses. Part I. Appointment of Gold Commissioners and their jurisdiction. 4c. The Governor may from time to time appoint such persons as q^j^ Commissioner he shall think proper to be Chief Gold Commissioner and Gold *» he appointed by Commissioners either for the whole Colony, or for any particular districts therein, and from time to time in like manner fix and vary the limits of and subdivide such districts, and make and revoke all such appointments. ' 5. "Within every such district or districts there shall be a Court Mining Court in to be called the "Mining Court," in which the Gold Commissioner each District. of the district shall preside as Judge thereof. 6. Such "Mining Court" shall have original jurisdiction as a jurisdiction of Gold Court of Law and Equity, to hear and determine all mining dis- Commissioner, 269 pro. 90.] Gold Mining. [30 YioT.] A.D. 1867. Same powers as Judge of the Su- preme Court in enforcing decision. putes arising witHn its district, and shall be a Court of record with a specific seal; and in determining suits or actions brought therein, the Gold Commissioner may render such judgment, or make such order or decree as he shall deem just, and for the purposes thereof and for enforcing the same he shall have and exercise, save as here- inafter excepted,',the same powers and authority, legal and equitable, as are now exercised in the Supreme Court of Civil Justice of British Columbia, by any Judge thereof. Provided, however, that the Gold Commissioner shall if desired by both parties to a cause in cases of liquidated damages, or if desired by either party to a cause in case of unliquidated damages, summon a jury of from three to five Free Miners to assess the amount of such damages. 7. Ko prescribed forms shall be necessary, provided that the substance of the matter Complained of be properly expressed in writing and embodied in a summons to be issued from the Court, and served on the opposite party, or as may be directed, and such summons may by leave of the Gold Commissioner be amended, if requisite, by either party upon such terms as he may impose, and the sum of ten dollars shall be charged for eveiy summons so issued. Jurisdiction beyond 8. Where disputes arise concerning mining property, portions district in certain whcreof are situated in adjoining or difierent districts, the Gold Commissioners of either of such districts before whom the dispute is first brought shall determine it. Prescribed forms unnecessary^ Mining Surveyor. 9. The Gold Coi^missioner may, in cases of disputed boundaries or meiasurements, employ a Surveyor to mark and define the same, and cause the reasonable expense thereof to be paid, by either or both of the parties interested therein. Laying over claims. 1^- ^^ ^hall also have the power to lay over any or all claims within his district, for such period and under such circumstane^ as he may think proper. Protection against dangerous works. Plots for Traders and gardens. 11. He shall have power to order any mining works to be so carried on as to ensure the safety of the public, or protect the interests of claim holders or bed-rock drains; and any abandoned works may by his order be either filled up or guarded to his satisfaction, at the cost of the parties who may have constructed the same, or in theirabsence then upon such terms as he shall deem expedient 12. It shall be lawful for him, Upon being so requested, to mark out for business purposes or gardens, on f)v near any mining ground, aplot of ground of such size as he shall deem 'advisable; subject, however, to all the existiug rights of Free Miners then lawfully holding such mining ground, and their assignees. And any build- ing erected, or improvements made thereon for any such purposes, shall in every such case be erected and made at the risk of the per- 270 ^30 Vict.] Gold Mining. [No. 90.] sons erecting and making the same; and they shall not be entitled a.D. 1867. to any compensation for danjage done thereto by such Free Miners so entitled in working their claims bona fide. 13. It shall be law&l for him, upon being so requested, to mark Compensation how , „ I . 1 ' ■ • 1 allotted. out for business purposes or gardens, on or near any nainmg ground not previously pre-empted, a plot of land of such si^^ as h& shall deem advisable, to be held subject to all the rigtits of Free Miners to enter upon and use such lands for mining purposes, upon reason- able notice to quit being given to the occupier, such notice to be subject to the approval of the Grold Commissioner; and, further, upon the paympnt of due compensation for any crops thereon, and for the buildings and improvements erected on such plots; such compensation to be assessed by the Gold Commissioner previous to entry, with or without a jury of not less than three. A monthly rent of five dollars shall in every such case be pay- Rent for same, able by the grantees of such plot, or their assignees, to the Gold Commissioner. 14. Any Judge of the Supreme Court of Civil Justice of British Forms of proceeding Columbia may, with the advice and .consent of the Gold Commis- costs, &c. sioner of any particular district, from time to time make, repeal, and alter anj rules and regulations for the conduct of the business before such Gold Commissioner, and for the costs incident thereto. 16. "Where any mining cause, wherein the sum of damages causes under $2Bo. sought to be recovered shall be less than two hundred and fifty dollars, is brought in the first instance before the Supreme Court of Civil Justice of British Columbia, it shall be lawful for the Court, after issue joined, to direct the cause to be tried before any particu- lar Gold Commissioner, upon such terms as the Court shall think fit. 16. All jurors and witnesses summoned under and by virtue of j^^g^gi ^^^ ^jtneg„ the powers contained in this Ordinance, shall be entitled for their ses' fees. attendance to receive such compensation as the Court may direct. 17. When, in civil cases, the subject matter in any mining dis- Appeal in civil cases pute is in value more than two hundred and fifty dollars, an appeal over $25o. sha,ll, save as hereinafter excepted, lie from the decision, ruling, judgment, order, or decree of the Gold Commissioner, to the Supreme Court of Civil Justice of British Columbia; provided, however, that the decision of the Gold Commissioner, or of a jury summoned under the provisions of this Ordinance, upon all matters of fact, shall be final and conclusive, and no appeal shall lie there- from. 'No appeal shall be allowed in any cause, unless notice thereof be given in writing to the opposite party, or his Attorney, within four days after the decision complained of, and also security be given, to the approval of the Gold Commissioner, for the costs of the appeal, ajid the amount (if any) payable under the judgment; and the said Court of Appeal may make such order, as it shall think 271 [Wo. 90.] Gold Mining. [30 Vici.] A D 1867 fi*- ^^°^ appeal may be in the form of a case settled and signed • - — by the parties, their Counsel, or Attorneys. Part H. Who may he Free Miners, and their privileges. Who may be a Free 18. Every person over but not under sixteen years shall be Miner. entitled to hold a claim. Minors, who shall become Free Miners, Free Miners under shall, as regards their mining property and liabilities contracted in age to be treated as ^^^^^^^^ therewith, be treated as adults. Miners' Certificate. 19. Every Goid Commissioner, upon payment of the sums here- mafter mentioned, shall deliver to any person applying for the same, a Certificate, to be called a Free Miner's Certificate, which may be in the following form : — BRITISH COLUMBIA. Free Miner's Certijicate. NOT TRANSrERABLE. Date, ^0. Valid for years. This is to certify that A. £., of has paid me this day the sum of , and is entitled to all the rights and privileges of a Free Miner, for year from the date hereof. (Signed) G. B., Chief Gold Commissioner, or Gold Commissmerf [as the case may be']. 20. Such Free Miner's Certificate shall, at the request of the Certificate for one, . ■, -, ^- ■ r n • j j? or three years. applicant, be granted and continue m lorce tor a period ot one year, or three years, from the date thereof, upon payment by such applicant, to the use of Her Majesty, of the sum of five dollars for one year, and fifteen dollars for three years. Such Certificate shall not be transferable, and only one person shall be named therein. Three days' grace to -^^^ ^^^^ holder of a Certificate shall have three clear days after renew Certificate, the expiration thereof, and no longer, to renew the same. 21. If any Free Miner's Certificate shall be accidentally destroyed or lost, the same may, upon evidence thereof and upon payment by the applicant of two dollars and fifty cents, be replaced by a true copy thereof, signed by the Gold Commissioner of the district wherein the original Certificate was issued. Every such new Cer- tificate shall be inarfced "Substituted Certificate." And unless some material irregularity be shewn in respect thereof every origi- nal or substituted Free Miner's Certificate shall be evidence of all the matters therein contained. Lost Certificate. mine. Right to enter and 22. Every Free Miner shall during the continuance of his certi- ficate, and no longer, have the right to enter and mine upon any of the waste lands of the Crown, not for the time being occupied by any other person. 272 [30 Vict.] OoU Mining. PTo. 90.] 23. In the event of Buch entry being made upon lands already a.D. 1867. lawfully occupied for other than mining purposes, previously to ^^^^^^—^ ^^ entry full compensation shall be made to the occupant or owner for prior oocupanta. any loss or damages he may sustain by reason of any such entry ; such compensation to be determined by the nearest Stipendiary Magistrate or Gold Commissioner, with or without a jury of not less than five. 24. No person shall be recognized as having any right or interest Must be a Free Mi- in or to any mining claim or ditch, or any of the gold therein, "^^"^ '"^ aeni&m cases, unless he shall be, or in case of disputed ownership unless he shall have been at the time of the dispute arising, a Free Miner. Paet m. Registration of Claims, and IVee Miner's general rights. 25. Every Free Miner locating a claim must record the same at Registration of the office of the Gold Commissioner of the district within _ which claim. the same is situated, within three days after the location thereof, if located within ten miles of the said office. One additional day shall be allowed for such record for every additional ten miles, or fraction thereof. Such record shall be made in a book to be kept for the purpose, in which shall be inserted the name of the claim, the name of each locator, the number of his certificate, the locality of the mine, the date of his recording the same, and such other matters and things as may be deemed requisite by the Gold Com- missioner. 26. All claims must be re-recorded annually; but any Free Miner Re-xeitistration shall, upon application, be entitled to record his claim for a period of two or more years, upon payment of the sum of two dollars and fifty cents for each and every year included in such record; and such record shall, without renewal, and for and during the time therein mentioned, but for no further period, have the same force and effect as if the same had been recorded annually. 27. It shall be lawful for the Gold Commissioner to demand from „ , ^. - Production of certir any miner, applying to record a claim, the productinn of his certi- ficate prior to regis- tificate, and upon his neglect or refusal to produce the same, to refuse to record such claim or interest therein. tration. 28. In case of any dispute, the title to claims will be recognized „ . ., ^ . , , ^ . . . ° Priority of rights re- according to the priority of registration, subject to any question cognized according which may be raised as to the validity of the record itself, and, trat^o""^ "^ "^^ subject farther, to the terms, conditions, and privileges contained in Clause 25. ■29. ^o transfer of any claim, or of any interest therein, shall be i> 1 1 IT n ,, o -1 T. Transfers must be in eniorceable, unless the same or some memorandum thereoi shall writing and regis- be in writing, signed by the transferrer, or by his legally authorized ^^''^^• agent, and registered with the Gold Commissioner. 273 n^o. 90.] Gold Mining. [30 Vict.] A D 1867 ^^- -^^^ every record made, and leave of absence granted, or any — other matter or thing whatever, relating to mining, for which a SlngmWngVat- Special fee shall not have been provided, the Gold, Commissioner ter. gjiall charge a registration fee of two dollars and fifty cents, as herein defined. Fee for search. Certified copy of any record to be evi- dence. Charge ^herefor. 31. The books of record shall, during reasonable hours, be open to public inspection, and the sum of one dollar, and no more, shall be charged for every search made therein. 32. Every copy of, or extract from, any record or register kept under this Ordinance, and certified to be a true copy or extract, under the hand of the Gold Commissioner, or other person entrusted to take and keep such record or register, shall, in the absence of the original register, be receivable in any judicial proceeding as evidence of the matters and things therein contained; and the sum of one dollar and twenty-five cents shall be charged for each copy of a record so certified. Free Miner may hold 33. Every Eree Miner shall be allowed to hold, at the same time, by^pu^hlsf "in"^ ^"^y i"im^er of claims acquired by purchase, but only two claims two by pre-emption, by pre-emption in the same locality, save as hereafter provided, and more than two . ,n. t ^i ^ • -u-xi i by pre-emption in "^iz.: — One quartz claim, and one other claim; subject, however, to the laws as to record, occupation, and otherwise, for the time being in force. And every Free Miner may sell, mortgage, or dispose of the same. He shall also be entitled, in addition to the above, to hold a pre-emption claim on each (but not on the same) hill, creek, ravine, or bench. certain cases. Miners' interest in mining property a chattel. 34. The interest which a Eree Miner has in a claim shall be deemed and taken to be a chattel interest, equivalent to a lease, for such period as the same may have been recorded, renewable at the end thereof, and subject to the conditions as to forfeiture, working, representation, registration, and otherwise, for the time being in force with respect to such claim. Definition of a Mi- 35. Every Eree Miner shall, during the continuance of his certi- ner'srightinaciaim. cate, have the exclusive right of entry upon his own claim, for the miner-like working thereof, and the construction of a residence thereon, and shall be entitled exclusively to all the proceeds reali- zed therefrom; provided, that his claim be duly registered, and faithfully and not colourably worked, but he shall have no surface rights therein. Eight of entry to ad- jacent claim-holders. One record covers not only the claim, but a fair share of the necessary water to work it. Provided, also, that the Gold Commissioner may, upon applica- tion made to him, allow adjacent claim-holders such right of entry thereon as may be absolutely necessary for the working of their claims, and upon such terms as may to him seem reasonable. 36. In addition to the above rights every registered Eree Miner shall be entitled to the use of so much of the water naturally flow- 274 [30 Vict.] Oold Mining. [No. 90.] ing througli or past his claim, and not already lawfully appropriated a.D. 1867. as shall, in the opinion of the Gold Commissioner, be necessary for the due working thereof. 3T. No claim located and recorded in any district, within fourteen Claims recorded in days before, or at any time after the claims therein shall have been J^aiTover^"'' ^"^^^ laid over ^to the ensuing season, or other specific date, shall be deemed to be so laid over, unless so much work shall have been bona fide expended thereon by the holder thereof as shall, in the^ opinion of the Gold Commissioner, fairly entitle him to have such claim laid over. 38. A claim shall be deemed to be abandoned and open to the Claims when deemed occupation of any Free Miner, when the same shall have remained °'''*'"^°''^'^- unworkedby the registered holder thereof for the space of seventy- two hours, unless sickness or other reasonable cause be shewn; Sundays, and such holidays as the Gold Commissioner may think fit to proclaim, are to be omitted in reckoning the time of non- working. 39. Every full sized claim, as defined in this Ordinance, shall be Fnii sized claim represented and bona fide worked by the owner thereof, or by ™'^°* ^^ worked, some person on his behalf. 40. The Gold Commissioner shall have the power to regulate ^^ prospectine leaye the number of miners who shall be required to work in prospecting granted to work , . 1. n ^ • i'l ij • • i-i- • n T with less than full a claim, or set of claims, until gold in paying quantities is found, complement. 41. Every forfeiture of a claim shall be absolute, any rule of law Forfeiture absolute. or equity to the contrary notwithstanding. 42. Where any undivided mining interest in a Company shall be undivided interest claimed by any Eree Miner, by reason of any defect in the title or iii ^ company when not T6T)F6S6D.ti6d representation thereof, which defect shall be first established to the Companymust^ther satisfaction of the Gold Commissioner, the Company shall be bound Either to admit the claimant as a member of the Company to the ^^mit claimant as extent of such defective interest, a member, Or, to stake off, to the separate use of the claimant, any portion qj gj^ke off claim of ground in the joint ground of the Company, equal in extent to for him. such defective interest. In such latter event, the claimant shall not be entitled to any interest whatever in the remaining ground of the Company, or be considered a member thereof, by reason of such appropriation. In either case, the Company shall pay all costs and expenses company to pay incurred by reason of allowing the non-representation aforesaid, costs, except other- The Gold Commissioner may make such order as to costs as he ^" may deem just. 275 [No. 90.] Gold Mining. [30 Vict.] A.D. 1867. Size of claim." Bat Diggings. Dry Diggings. Greek Glaims. Bench Diggings. Hill Cl'aitts. Part IV. Nature and size of Claims. 43. Prom and after the date hereof, the size of claims shall be as follows: — For "Bar Diggings" a strip of land 100 feet wide at high water mark, and thence extending into the river to its lowest water level. 44. For "Dry Diggings" 100 feet square. 45. "Creek Claims" shall be one hundred feet long, measured in the direction of the general course of the stream, and extending in width from base to base of the hill on each side. Where the bed of the stream or valley is more than 300 feet in width, each claim shall be only 50 feet in length, extending 600 feet in width. Where the valley is not 100 feet widfe, the claima shall be 100 feet square. 46. "Bench Claims" shall be 100 feet square. 47. The Gold Commissioner shall have authority, in cases where benches are narrow, to mark the claims in such manner as he shall think fit, so as to include an adequate claim. 48. Every claim situated on the face of any hill, and frontijig on any natural stream or ravine, shall have a base line or frontage of 100 feet, drawn parallel to the main direction thereof. Parallel liaefe drawn from each end of the base line, at right angles thereto, and. running to the summit of the hill, shall constitute the side lines thereof. Posts of the legal size shall be planted, 100 feet apart, on both the base line and the side lines. The whole area included within sucli boundary lines shall form a "Hill Claim." Tunnelling under 49. In tunnelling under hills, on the frontage of which an ^^^^^' occur, or which may be of an obloi^ or elliptical form, no party shall be allowed to tunnel from any of the said angles, nor from either end of such hills, so as to interfere with parties tunnelling from the main frontage. Gold Commissioner ^0, The Gold Commissioner shall have power to refuse to record may refuse to recard any hill or tunnel claim on any creek, which 'claim or any part certain tunnel ^ n i ■,■,•■, -. -i. claims. thereof shall include or come within 100 feet of any gulch or tnb- utary of such creek. Forfeiture of claim ^1. Tunnels and shafts shall be considered as appurtenatit to the inYoives tunnel, &c, claim tO v^hich they are annexed, and be abandoned or forfeited by the abandonment or forfeiture of the claim itself. 62. For the more convenient working of back claims on benches or slopes, the Gold Commissioner may, upon application made to him, permit the owners thereof to drive a tunnel through'the claims fronting on any creek, ravine, or watercourse, and impbse such terms and conditions upon all parties as shall seem to him ex- pedient. 2T6 [30 Vict.] Gold Mining. [So. 90.] 63. Quartz claims shall be 150 feet in leagtb, measured along tbe A.D. 1867. Quartz Claims. lode or vein, with power to follow the lode or vein and its spurs, dips, and angles, anywhere on or below the surface included between the two extremities of such length of 150 feet, but not to advance upon or beneath the surface of the earth more than 100 feet in a lateral direction from the main lode or vein, along which the claim is to be measured. 54. In quartz claims and reefs, each successive claimant shall leave Eeguiation for 3 feet unworted, to form a boundary wall between his claim and ^""^ ^°^" that of the last previous claimant, and shall stake off his claim ac» cordingly, not commencing at the boundary peg of the last previous claim, but 8 feet further on. If any person shall stake out his claim contrary to thig rule, the Grold Commissioner shall have power to remove the first boundary peg of such wrongdoer 3 feet further on, notwithstanding that other claims may then be staked out beyond him; so that such wrongdoer shall then have but 147 feet. And if such wrongdoer shall have commenced work immediately at the boundary peg of the last previous claim, the Gold Commissioner may remove his boundary peg 6 feet further on than the open work ■ of such wrongdoer; and all such open work, and also the next 3 feet of such space of 6 feet, shall belong to and form part of the last previous claim, and the residue of such space of 6 feet shall be left as a boundary wall. Every such boundary shall be deemed the joint property of the owners of the two claims between which it stands, and may not be worked or injured, save by the consent of both owners. 55. If any Free Miner, or party of Free Miners, shall discover a Discoverer's Claim, new mine, and such discovery shall be established to the satisfaction of the Gold Commissioner, the first discoverer, or party of discoverers, if not more than two in number, shall be entitled to a claim double the established size of claims in the nearest mines of the same des- cription (i. e. dry, bar, or quartz diggings). If such party consist of three m«n, they shall collectively be entitled to five claims of the established size on such nearest mine; and if of four or more men, such party shall be entitled to a claim and a half per man, in ad- dition to any other claims legally held by pre-emption or otherwise. A new stratum of auriferous earth or rock, situated in a locality where the claims are abandoned shall, for this purpose, be deemed a new mine, although th« same locality shall have been previously worked at a different level. And dry diggings discovered in the vicinity of bar diggings shall be deemed a new mine, and vice versa. A discoverer's claim shall for all purposes be reckoned as one oi'dinary claim. 56. All claims shall be as nearly as possible in rectangular forms, claims how marked, and marked by four pegs, ai leasit four inches square, standing not less than four feet above the-eurface, and firmly fixed in the ground. 277 [Nt). 90.] CroU Mining. [30 ViCT^: A.D. 1867. Measarement. No ■boundary peg shall be concealed, moved, or injured without the previous permission of the Gold Commissioner. . Any tree may be used as a stake, provided that it be cut down to at least the legal height, and the stump squared as above. 57. In defining the size of claims, the same shall be measured horizontally, irrespective of inequalities on the surface of the ground. Deposit of leavings. 58. The Gold Commissioner may, where deemed desirable, mark out' a space in the vicinity for deposits of leavings and deads from any tunnel, claim, or mining ground whatsoever, upon such terms and conditions as he may impose. Grant for not more than 5 yeais. Thre or more con- stitute a company. Notice of 10 days. Main line of flume to be staked off. Protest. Fee of $125 payable. Grant to be in writing. Part V. Bed-Bock Flumes. 59. It shall be lawful for the Gold Qommissioner, upon the appli- cation hereinafter mentioned, to grant to any Bed-rock Mume Company, for any term not exceeding five years, exclusive rights of way through and entry upon any mining ground in his district, for the purpose of constructing, laying, and maintaining Bed-rock Plumes. 6P. Three or more Free Miners may constitute themselves into a Bed-rock Flume Company, and every application by them for such grant shall be in writing, and shall state the names of the appli- cants, and the nature and extent of the privileges sought to be ac- quired. Ten clear days' notice thereof shall be given between the months of June and November, and between the winter months of November and June one month's notice shall be given, by affixing the same to some conspicious part of the ground, and a copy thereof upon the walls of the Gold Commissioner's office of the district Prior to such application, the ground included therein shall be marked out by posts of the legal size, placed at intervals of 150 feet along the proposed main line or course of the flume, with a notice affixed thereto stating the number of feet of ground claimed on either side of such main line. And it shall be competent to any Free Miner to protest before the Gold Commissioner within such times as aforesaid, but not afterwards, against such application being granted. Every application for a grant shall be accompanied by a deposit of one hundred and twenty-five dollars, which shall be refunded if the application be refused, and if the application shall be entertained then such sum of one hundred and twenty-five dollars shall be retained and paid into the Colonial Treasury for the use of Her Majesty, whether the application be afterwards aban- doned or not. 61. Every such grant shall be in writing, signed by the Gold Commissioner. 278 [30 Vict.] Gold Mining, pCo. ©0.] 62, Bed-rock Flume Companies Bhall upon obtaining sucli grant a.D. 1867. be en titled to the following riffhts and privilegies, that is to say : — ° ° c a > J Eig'hts of way and (a.) The rights of way through and entry upon any new and un- privileges. worked river, creek, gulch, or ravine, and the exclusive right ^°° °^^ '^^^^ to locate and work a strip of ground one hundred feet wid,e and two hundred feet long in the bed thereof to each indi- vidual of the company : (6.) The rights of way through and entry upon any river, creek, TJpon creeks worked gulch, or ravine, worked by miners for any period longer ^°'^ ^ ^^^'^ ^'^^ °^*'* than, two years prior to such entry, and already wholly or partially abandoned, and the exclusive right to stake out and work both the unworked and abandoned portions thereof, one hundred feet in width, and one-quarter mile in length, for each individual of the company : (e.) And no person heretofore or hereafter locating unworked or On abandoned abandoned ground within the limits of the said company's S"^""""* ground, after the notice hereinbefore mentioned has been given, shall be held to have or to have had any right or title as ,against such company to any ground so taken up by them : {d.) The words " abandoned ground " shall be construed to mean Interpretation of all new and unworked ground, and ground not legally held ^''^■'ido'ied ground, and represented within the meaning of this Ordinance : (e.) Such rights of way through and entry upon any rivers, creeks, Upon creeks dis- and ravines, discovered within the two years next preceding ^°vered wlthm two the date of their application before mentioned, and upon any portions of which four or more free miners are legally hold- ing and bona fide working claims, as to the Gold Commis- sioner may seem advisable : (/■.) The rights of way through and entry upon all claims which Rights of way are at the time of the notice of application hereinbefore men- *i'°]ig'i claims legally held and tioned bona fide and not colourably worked by any free worked. nainer or miners, for the purpose of cutting a channel and and laying their flume therein, with such reasonable space for constructing, maintaining, and repairing the fiume as may be necessary. Provided that the owners of such last men- tioned claims shall be entitled to take- and receive the gold found in the cut or channel so made, but where any advan- tage equivalent to the cost of making the cut may accrue to the individual claim-holder by reason of such fiunie being laid through the claim, the Bed-rock Flume Company shall be entitled to the actual cost of making such cut to the bed-rock: (g.) The use and enjoyment of so much of the unoccupied and unappropriated water of the stream on which they may be apfropriated'watM. located, an,d of other adjacent streams, as may be necessary for the use of their flumes, hydraulic power, and machinery to carry on tlieir mining operations, and they shall have their 279 [No. 90.] . Gold Mining. [30 Vict.] A.D. 1867. right of way for ditches and flumes to convey the necessary water to their works, they being liable to other parties for any damage which may arise from running such ditch or flumes through or over their "ground: Gold in the flume. (A.) The right to all the gold in their flumes. Claim-holders upon 63. The holders of claims through which the line of the proposed tiJi may cotftmcr ^?™® °^ ^"^^^ Company runs, may, upon giving at least ten days' their own flume. notice in writing of such their intention to the Bed-rock Flume Company^ put in a Bed-rock Flume to connect with that of the Bed-rock Flume Company, but they shall maintain the like grade, and build their flume as thoroughly, and of as strong materials, as are used by such company. Where so construct- 64. Claim-holders so constructing their own flumes at their own expense, through their respective claims, shall also keep thdr flume clear of obstruction, and they shall be entitled to all the gold found therein, but they shall be subject to the same rules and reg- ulations with regard to cleaning up the flume, repairs, and other matters in which both parties are interested, as may he adopted by such Bed-rock Flume Company; and such claim-holders shall have the right at any time before the abandonment of their claim or claims to become members of the Bed-rock Flume Company, by uniting their claims and flume with the ground and flume of the Company, and taking an interest proportionate to that which they shall cede to the Company, or should they so desire, they may abandon their claims and flume, and such abandonment shall enure to the use and beneflt of the Bed-rock Flume Company. Number of feet to be 65. Every Bed-rock Fiime Company shall, for each of the men cenainiunls!^''' constituting the same, construct and lay at least fifty feet of flume during the first year, and one hundred feet annually thereafter. Free Miners entitled 66. Any Free Miner or Miners lawfully working any claims tailings^.™* ^°^ where a bed-rock flume may be constructed, shall be entitled to tail their sluices, hydraulics, and ground sluices into such flume, but so as not to obstruct the free working of such flume by rocks, stones, boulders, or otherwise. Registration of ^'^- -^^ Bed-rock Flume Companies shall register their grant grant. when obtained, and a registration fee of twenty-five [dollars shall be charged therefor; and they shall also pay an annual rent of tvrelve dollars and fifty cents for each quarter of a mile of right of way legally held by such Company. No re-registration of a grant shall be necessary. Bed-rock Flumes 68. Bed-rock flumes and any interest or interests therein, and " * " ^' all fixtures are hereby declared to be personal property, and may be sold, mortgaged, transferred, or otherwise dealt with as such. 280 [30 Vict.] Gold Mining. [No. 90.] ■Part VI. A.D. 1867. Drainage of Mines. 69. It sliall be lawful for the G-old Commissioner to grant to any ©old Commissioner Free Miner, Company of Free Miners, or Joint Stock Companies. ™*y ^rant rights of Ij-j. 1- • ■, j^ n ' way through mining for any term not exceeding ten years, exclusive rights of way ground for drains, through and entry upon any mining ground in his district, for the purpose of constructing a drain or drains for the drainage thereof. 70. Every application for such grant shall be in writing, and Application to be in shall state the names of the applicants, the nature and extent writing. of the proposed drain or drains, the amount of toll (if any) to be charged, and privileges sought to be a,cquired. 71. Upon such application a notice similar to that required upon Ten clear days' no- application tor the right of way for bed-rock flumes shall be given. *'°^ *° ^® si^en. 72. Every application for such grant shall be accompanied by a Deposit of $125 deposit of one hundred and twenty-five dollars, which shall be refunded in case the application shall be refused by the Govern- ment, and if the application shall be entertained, then such sum of one ^hundred and twenty-five dollars shall be retained and paid into the Treasury of the Colony, to the use of Iler Majesty, whether the application be afterwards abandoned or not. 73. Such grants shall be made iipon such conditions as the Gold Grants to be in Commissioner shall deem reasonable, and shall be embodied in ^" "'^" writing. 74. The rights of way and entry above mentioned, the power to assess, levy, and collect tolls (not exceeding in amount that men- tioned in the application) from all Free Miners using such drain or benefitted thereby, shall be given to the grantees. The grantees shall also covenant therein as follows : — (a.) That they will construct such drain or drains of sufficient size to meet all requirements within a time (if any) therein named : (6.) And have and keep the same in thorough working order and repair, and free from all obstructions, and in default thereof that the Gold Commissioner for the time being may order all necessary alterations or repairs to be made by any Free Miners, other than the grantees, at the cost and expense of the latter ; such cost and expense to be levied by sale (sub- ject however to the conditions of the grant) of all or any part of the drainage works, materials, and tolls : (c.) That they will within a reasonable time construct proper tap drains from or into any adjacent claims, upon being required so to do by the owners thereof, and in default thereof suffer such parties to make them themselves, in which case such parties shall only be chargeable with one-half the usual rates 281 Covenants. [ISo. 90.] Gold Mining. [30 Vict.] A.D. 1867 of drainage toll, or such other proportion of toll as the Gold Commissioner shall in that behalf prescribe : {d.) That they will not in the construction and maintenance of such drains and tap drains in any way injure or damage the property of adjacent claim-holders, and in the event thereof that they will make good any damage so sustained. Tap Drains. 75. In the construction of drains to be used as tap drains only, three days' notice given as above shall only be necessary. Damages. 76. The Gold Commissioner alone, or if desired by either party with the assistance of a jury of five free miners, which he is hereby authorized to summon for that purpose, may ascertain whether any and what compensation shall be paid for any damage which may be caused by any such entry or construction as aforesaid. Registration. 77. Such grant shall be duly registered as hereinbefore provided, and the sum of five dollars shall be charged therefor, save when such grant gives the grantees the power and right of collecting tolls, in which case the sum of twenty-five dollars shall instead of five dollars be paid as a registration fee. No re-registration of any such grant shall be necessary. An annual rent of twenty-five dollars for each quarter mile, and fraction thereof, shall be paid by drain com- panies collecting tolls to the Gold Commissioner, such rent to com- mence from the date of their grant. Co-partnership rules if no articles are drawn up. Partnership to con- tinue for one year. Co-partnership busi- ness to be mining. Majority of the partners govern. Foreman. paet vn. Mining Partnerships. 78. All mining companies shall be governed by the provisions hereof, unless they shall have other and written articles of co- partnership properly signed, attested, and recorded. 79. "So mining co-partnership shall continue for a longer lime than one year, unless otherwise specified in writing by the parties; but such co-partnership may be renewed at the expiration of each year. 80. The business of co-partners herein referred to shall be mining and such other matters as pertain solely thereto. 81. A majority of the co-partners, or their legally authorized agents, may decide the manner of working the claims of the co- partners, the number of men to be employed, and the extent and manner of levying the assessments to defey the expenses incurred by the company. Such majority may also choose a foreman or local manager, vi li;; shall represent the company, and sue and be sued ia the name of the company, for assessments and otherwise ; and he shall have power, with the consent of a majority of the company^ to bind them by his contracts ; and the partnership or company name must be inserted in the record of the company's claims. Any 282 [30 Vict.] Gold Mining. [N'o, 90.] co-partner, or his duly authorized agent, shall be entitled to repre- a,D. 1867. sent his interest in the co-partnership property to the extent thereof, by work and labour, and so long as such work and labour shall be done and performed to the satisfaction of the foreman. In the event of such workman being discharged by the foreman, the Gold Com- missioner upon application to him may summon the foreman before him, and upon hearing the facts may make such order as he shall deem just. 82. During the time of working all assessments when levied shall AsBeasments when be payable within five days thereafter. 83. In default of payment within such time, the debtor afterhaving Penalty for default, received any notice specifying the amount due by him, shall upon such amount being ascertained by the Gold Commissioner to be correct, be personally liable to the company therefor, and his interest in the company, if so ordered, shall be sold by the Sheriff in the usual way, for the payment ol the debt and costs, and should the amount realized be insufficient to meet the same the Gold Commissioner shall have power to issue an order, directed to the Sheriff, to sell such other personal property (if any) belonging to the debtor as may be sufficient therefor. 84. Notices of sale of such debtor's mining or other property, or Notice of sale, and such part thereof as shall suffice to pay the debt and costs, shall be °""^® °^ ^*'®- conspicuously posted up ten clear days prior to the day of sale, in the vicinity of such mining or other property, and at the Court House nearest thereto. Such sale shall be by public auction, and the bid- der offering to pay the amount due for the smallest portion of the mining or other property, shall be entitled to such portion. The purchaser on payment of the purchase money shall acquire therein all the right and title of the debtor, and shall be entitled to the im- mediate possession thereof. A bill of sale of the mining property so sold, signed by the Gold Commissioner and duly recorded shall confer a good legal title thereto upon the purchase. 85. After a notice of abandonment in writing shall have been „ ,. , ^ , ° Notice of abandon- served on the foreman of the company, by any member thereof, ment to be given. such abandonment shall be considered absolute, and operate as a discharge against all debts contracted by the company after such notice has been given, and no such member shall be deemed to have abandoned such interest without having served such notice as aforesaid. Limited Liability. 86. Any mining company, composed of two or more Free Miners, may limit the liabilities of its members, upon complying with the requirements following, that is to say: — Upon filing with the Gold Commissioner oi the district a decla- Requirements, ratory statement, containing the name of the company, the 283 [No. 90."] GoU Mining. [30 Vict.] A.D. 1867. area of tie ground claimed, the location of the claim, and the particular interest of each member of the company; and also placing upon a conspicuous part of the claim, in large letters, the name of the company, followed by the word "registered." After such conditions shall have been com- plied with, no member of such company shall be liable for any indebtedness accruing thereafter, exceeding an amount proportioned to his interest in the company. Not less than \ of 87. No person shall locate, purchase, hold, or enjoy less than heid!"*^"^*^* ""^^ ^ one-fourth of one full interest of 100 feet in any company so con- stituted. This Section shall not apply to gold quartz mining claims. Accounts of compa- 88. All mining companies so constituted shall keep a correct Dies, how to be kept, account of its assets and liabilities, together with the names of the shareholders, and the interest held by each, and shall make out a monthly balance sheet showing the names of the creditors, and the amounts due to each, and file the same among the papers of the company; and such balance sheet and all the books of the company shall be open to the inspection of creditors of the company at all reasonable hours. Cessation of indi- 89. !N"o member of such company shall, after a bill of sale con- viduai iia i ity. veying his interest, or some portion thereof, has been duly recorded, or after notices of abandonment, in writing, of his interest shall have been left with the foreman of the company and the Gold Commissioner, be liable for any indebtedness of the company accruing thereafter. When dividend may 90. 'Eo such company shall declare any dividend until all habilities be declared. ^^g shall have been paid. Foreman only liable 91. ISo such company shall be liable for any indebtedness con- for debts. tracted by any member thereof, other than its foreman or agent duly authorized. Penalty for non- 92. If any such Company fail to comply with any of the foregoing eomp lance erein. p^Qyigjo^g^ g^^j^ company shall be liable to a fine of not less than twenty-five dollars, nor more than one hundred and twenty-five dollars. Declaratory state- 93. The Gold Commissioner in each mining district shall keep a ments, how filed. ^Qok exclusively for' the purpose, in which he shall record all declaratory statements filed in his office, and another book in which he shall record all notices of abandonment. Fee for filing. 94. There shall be paid to the Gold Commissioner, for the use of Her Majesty, upon the filing of each declaratory statement, the sum of two dollars and fifty cents; and upon the filing of each notice of abandonment, the sum of one dollar, and no more. When in force. 95. All other matters not herein provided for shall, as far as is paacticable, be governed by the provisions of the «' Mining Joint 284 [30 Vict.] Gold Mining. [Nd, 0O.] Stock Companies' Act, 1864," bat nothing in the nine preceding A.D. 1867. sections contained shall be construed so as to repeal or vary any of the prior or subsequent sections of this Ordinance. 96. In the case of any Mining Joint Stock Company, duly regis- When persons not tered in this Colony under the provisions of the "Mining Joint hoTdTntera^sts in Stock Companies' Act, 1864," and not under this Ordinance, every companies, shareholder of such company, though not a Free Miner, shall be entitled to buy, sell, hold, or dispose of any mining shares therein, anything- to the contrary notwithstanding herein contained. Part Vm. Administration. 97. In case of the death of any Free Miner, while registered as Deceased miners' the holder of any mining property, his claim shall not be open to interest. the occupation of any other person for non-working or non-repre- sentation, either after his decease, or during the illness which shall have terminated in his decease. 98. The Gold Commissioner shall in all such cases take posses- Power of Gold Com- sion of the mining property of the deceased, and may cause such ""^^""^^'■• mining property to be duly represented or dispense with the same at his option, and he shall sell and dispose of the same by private sale, or upon giving ten days' notice thereof by public auction, upon such terms as he shall deem just, and out of the proceeds pay all costs and charges incurred therein. 99. The Gold Commissioner shall take into his custody and safe Custody of property keeping, or order some person so to do, all the property of deceased ° "^ °'^* miner, miners until proper letters of administration be obtained. Part IX. Leases. 106. All grants under this Ordinance for any mining ground, ah grants to be in ditch privileges, or otherwise, shall be in writing, in the form of a ^"^"'S- lease to be signed by the Gold Conimissioner, and by the grantees or lessees. 101. Save where the contrary is expressed in this Ordinance, the Except otherwise following clauses shall apply :— OrdinlncV" ^'''^ Applications for leases, accompanied by a plan of the proposed Applications must undertaking, are to be sent in duplicate to the Gold Com- ^^ ^^ duplicate, missioner of the district wherein the ground desired to be taken is situated, who shall immediately forward it, with his report, to the Governor for his sanction, excepting in cases where the lease does not exceed five years, but the ground shall be secured to the applicant until the Governor's decision has been received. Prior to such application, the ground 285 [No. 90.] Gold Mining. [30 Vict.] A.D. 1867. Ground must be marked out and notices jlosted up. Deposit of $125. Leases for 10 years. Dry Eigglngs. Bar Diggings. Quartz reefs un- worked. Quartz reefs aban- doned. Beserration of rights of the Crown understood, also public ways, &c. Grant to mine only. Covenants by lessee, applied for sTiall be marked out by posts of the legal size, and written notice of application, signed by the applicant, shall be affixed to any poet nearest to mining claims then being worked, A copy of such notice shall also be put up at the Gold Commissioner's Office. 102. Every application for a lease shall be accompanied by a deposit of one hundred and twenty-five dollars, which shall be re- funded if the application be refused; and if it be entertained such sum of one hundred and twenty-five dollars shall be retained and paid into the Treasury of the Colony, for the use of Her Majesty, whether the application be afterwards abandoned or not. 103. Leases will not in general be granted for a longer term than ten years, or for a quantity of ground greater than that herein pre- scribed, that is to say: — In Dry Diggings, ten acres. In Bar Diggings, unworked, half a mile in length along the high water mark. In Bar Diggings, worked and abandoned, one mile and a half in length along the high water mark. In Quartz feeefs, unworked, hg,lf a mile in length. In Quartz Eeefs, worked and abandoned, one mile and a half in length. With liberty in the two last cases to follow the spurs, dips, and angles on and within the surface for two hundred feet on each side of the main lead or seam. 104. Leases as above will not in general be granted of any land, alluvium or quartz, which will' be considered to be immediately available for being worked by Free Miners as holders of individual claims. !N"or will such a lease be granted in any case where indi- vidual Free Miners are in previous actual occupation of any part of the premises unless by their consent. 105. Every such lease shall, without expressing the- same, be understood to contain a reservation of all rights of the Crown, and all reasonable provisions for- securing to the public, |rights of way and water, save in so far as shall be necessary for the miner-like working of tKe premises thereby demised. The premises demised shall be granted for mining purposes only, and it shall not be com- petent to the lessee to assign or sub-let the same or any part thereof, without the previous licence in writing of the Gold Commissioner. Every such lease shall contain a covenant by the lessee to mine the said premises in a miner-like way, and also, if it shall be thought fit, to perform the works therein defined within a time therein limited. And it shall also contain a clause by virtue whereof the said lease may be avoided, provided that the lessee shall refuse or neglect to observe and perform" all or any of the covenants therein contained. 286 [30 Vict.] GoU Mining. fNo. dO.] Part X. ^j). 1867. Diiches. 106. It shall be lawful for the Gold Comfnissionei', tpon the 6„i|j commissioeer application hereinafter mentioned, to grant to any person for any may grant ditch term not exceeding five years, the right to divert and use the water years. from any creek, stream, or lake, at any particular part thereof, and the rights of way through and entry upon any mining ground in his district, for the purpose of constructing ditches and flumes to convey such water. 107. Ten days' notice thereof shall be given, by affixing the same Notiee to be given, to some conspicuous part of the ground, and a copy thereof upon the walls of the Gold Commissioner's Office of the district, and it shall be competent to any Free Miner to protest before the Gold Commissioner within such ten days, but not afterwards, against such application being wholly or partially granted. 108. Every application for a grant of water exceeding 300 inches Dgpogjt ^f *j25 * shall be accompanied by a deposit of one hundre'H. and twenty-five be paid, dollars, which shall be refunded in case the application shall be re- fused by the Government, and if the application be entertained. then such sum of one hundred and twenty-five dollars shall be retained and paid into the Colonial Treasury, for the use of Her Majesty, whether the application be afterwards abandoned or not. 109. Every application for such rights shall be in writifig, and Application to be in shall state the names of the applicants, the name of the stream '"^"ting. or lake to be diverted, the point of diversion or ditch head, the quantity of water to be taken, the locality for its dis- tribution, and the price (if any) to be charged to Free Miners or others for the use of such water, and the time necessary for the completion of the ditch. 110. The Gold Commissioner, upon protest being entered, or for Qoid Commissioner reasonable cause, shall have power to refase or modify such appli- may refuse or modify cation or grant. 111. Every grant of a ditch or water privilege in occupied creeks, Grants to be subject shall be subject to the right of such registered Free Miners as shall *? ^'•■ee miners' at the time of such grant be working on the stream above or below the ditch head, and of any other person or persons whatsoever who are then in any way lawfully using such water, for any purpose whatsoever. 112. If, after the grant aforesaid has been made, any Free Miner Damages when to locate and bona fide work any mining claim below the ditch head, be paid. on any stream so diverted, he shall, upon paying to the owner of the ditch, and all other persons, compensation equal to the amount of damage sustained, be entitled to such quantity of water to work his claim, as he may require. And in computing such damages, the expense of the construction of the ditch, the loss or damage 287 pSTo. 90.] Gold Mining. [30 Vict.] A.D. 1867. sustained by any claim or claims tlien using and depending upon the water conveyed in the said ditch, and all other losses reasonably sustained shall be considered. Grants not to be 113. K"o person shall be entitled to any grant of the water of any made in certain stream mined for the purpose of selling the water to present or fu- ture claim-holders on any part of such stream. The Gold Com- missioner may, however, in his discretion grant such privileges as he may deem just, when such ditch is intended to work bench or hill claims fronting on any such stream ; provided that the rights of free miners then using the water so applied for be in all such cases protected. Gold Oommissioner 114. The Gold Commissioner shall have power, whenever he &ef of toches!'"*' ™^y ^^^^ '^^ advisable, to order the enlargement or alteration of any ditch or ditchesy and to fix what (if any) compensation shall be paid by the parties to be benefitted by such alteration or enlarge- ment. Waste of water not 115. Every owner of a ditch or water privilege shall be bound to permitte . ^^^ ^^ reasonable means for utilizing the water granted and taken by him. And if any such owner shall wilfully take and waste any unreasonable quantity of water he shall be charged with the full rent as if he had sold the same at a full price. And it shall be lawful for the Gold Commissioner, if such offence be persisted in, to declare all rights to the water forfeited. Water how to be 116. It shall be lawful for the owner of any ditch or water privi- grantee'.**^ ^ ^®S® to distribute for use the water conveyed by him to such persons, and on such terms as he may deem advisable, within the Umits mentioned in their application. Provided, always, that the owner of any ditch or water privilege shall be bound to supply water to all applicants being Free Miners, in a fair proportion, and shall not demand more from one person than another, except where the dif- ficulty of supply is enhanced. Bent of $5 per an- 117. Unless Otherwise specially arranged, an annual rent of Five waTer" ^° '°°''*' °^ Dollars shall be paid for every fifty inches of water used for mining purposes when not sold, and when sold the rent to be paid for any water privilege shall be in each month one average day's receipts from the sale thereof, to be estimated by the Gold Commissioner, with the assistance if he shall so think fit of a jury. Generairegulations. H^. Any person desiring to bridge across any stream, or'claim, or other place, for any purpose, or to mine under or through any ditch or flume, or to carry water through or over any land already occupied by any other person, may in proper cases do so. with the sanction of the Gold Commissioner. In all such cases the right of the party first in possession whether of the mine or of the water privilege is to prevail, so as to entitle him to compensation and in- demnity if the same be just. 288 [30 Vict.] Ould Mining. pTo. 90.] 119. In measuring water in any ditch or sluice, the following a.D. 1867. rules shall be observed: — The water taken into a ditch shall be measured at the ditch head with a pressure of seven inches. 'Eo water, water shall be taken into a ditch except in a trough placed horizon- tally at the place at which the water enters it. The aperture through which the water passes shall not be more than ten inches high. The same mode of measurement shall be applied to ascertain the quantity of water running out of any ditch into any other ditch or flume. 120. Whenever it shall be intended, in forming or upholding any Notice of entering ditch, to enter upon and occupy any part of a registered claim, or ^^^^^i^l^ '''*'™ *" to dig or loosen any earth or rock, within four feet of any ditch not belonging solely to the registered owner of such claim, three days' notice in writing of such intention shall be given before entering or approaching within four feet of such other property. 121. Any person heretofore or hereafter engaged in the oon- Kuies for diverting struction of any road or work may, with the sanction of the Gold °^ crossing ditches. Commissioner, cross, divert, or otherwise interfere with any ditch, Water privilege, or other mining rights whatsoever, for such period as the said Commissioner shall direct. 122. The Gold Commissioner shall order what (if any) compen- Gold Commissioner sation for every such damage or interference shall be paid, and t°onf^erefor™^^"^*" when, and to whom, and whether any and what works damaged or effected by such interference as aforesaid, shall be replaced by flumes or otherwise repaired, and in what manner, by the person or persons inflicting any such damage^ 123. Upon compliance with the requirements aforesaid, the Gold And to give certifi- Commissioner shall certify in writing under his hand that the per- °^*® of authority ; son or persons named therein were duly authorized to create the damage or interference aforesaid, and have duly fulfilled the re- quirements herein mentioned, and have also duly satisfied and dis- charged all damages by him or them occasioned to any persons whatsoever, in respect of the damage or interference referred to. 124. Every such certificate shall be recorded by the said Gold to be recorded • Commissioner, in a book to be kept by him for that purpose at his office, and shall be at all times open to inspection upon payment of a fee of one dollar for every inspection. 125. Every such certificate so recorded shall be sufficient evidence ^^^ ^^ ^^ sufficie t in any Court of Judicature in the Colony of all matters and things in i^aw Courts. therein contained or referred to, and shall discharge the person or persons to or for whom the same is granted from all liability with respect to the damage or interference therein mentioned. 126. The Gold Commissioner shall, upon the application of any „ ,, „ . . „ . , Gold Commissioner party interested therein, and after notice as hereinafter mentioned to decide disputes. to all whom it may concern, enquire into and decide all matters 289 [No. 90.] Gold Mining. [30 Vior.] A-D- 1867. Appeal may be made in cases over $500 to the Supreme Court. Seenritf of waste water in ditches to be at expense of owners. arising out of or connected with any such damage or interference as aforesaid, and such: decision or judgment shall be final and without appeal, in all cases where such decision or judgment shall be given in respect of any sum or matters at issue, the amount or value whereof, which shall be stated in the decision, shall not exceed five hundred dollars. 127. In cases where such amount or value shall exceed five hun- dred dollars, any party aggrieved by such decision may appeal against the same to the Supreme Court of Civil Justice, upon giving written notice of such intention to the Gold Commissioner, within four days of such decision, and upon giving, within such four days, to the Gold Commissioner whose opinion is appealed against, tt good and sufficient bond or mortgage, the amount of which shall be fijsed by the Commissioner, from the party or parties appellant, for the prosecution of the appeal, and for the payment of all such costs as may be awarded by the said Supreme Court. 128. The owners of any ditch, water privilege, or mining right, shall, at their own expense, construct, secure, and maintain all cul- verts mecessary for the passage of waste and fiuperfluons water flowing through or over any such ditch, water privilege, or right, except in cases where a natural stream or river applicable or suffi- cient for the purpose exists in the immediate vicinity. 129. The owners for the time being, not being the Grovernment, of any ditch or water privilege, shall construct and secure the same in a proper and substantial manner, and maintain the same in good repair to the satisfaction of the Qold Commissioner, and so that no damage, shall occur, during their ownership thereof, to any road or work in its vicinity, from any part of the works of such ditch, water privilege, or right, giving way by reason of not being so as afore- said constructed, secured, or maintained. 130. The owners of any ditch, water privilege, or right, shall be liable and shall make good, in such manner as the Gold Commis- sioner shall determine, all damages which may be occasioned by or through any parts of the works of such ditch, water privilege, or right, giving way as aforesaid, and the same may be recovered before a Magistrate in a summary manner. 181. The publication of any written notice to the party ^intended to be affected thereby, in two- consecutive numbers of the Govern- ment Gazette, or any newspaper circulating in the Colony, or by affixing the same for ten days on some conspicuous part of any premises referred to in such notice, and also at the office of the Gold Commissioner, shall be deemed good and sufficient notice for all purposes under this Ordinance. Saves public rights. 132. Npthing herein contained shall be construed to limit the right of the Chief Commissioner of Lapds and Works to lay out 290 Ditches to be con- structed in a secure manner. Damages to be made good by grantees. Notice to be given in GoTernment Ga- zette. [30 ViOT.] Gold Mining. pTo. 90.] from time to time the public roads of the Colon j, across, through, ^ -q jgg* along, or under any ditch, water privilege, or mining right, in any unsurvey6d Crown Land, without compensation, doing as littW damage as conveniently may be in laying out the same. Part XI. Mining Boards and their Constitution. 133. Upon petition, signed by not less^than one hundred and one Constitution of Mi- free Miners in any district, it shall be lawful for the Gold Com- "^''s Boards, missioner, acting for such district, to constitute therein a local board, to be called "The Mining Board." 134. The Mining Board shall consist of nine members, who shall Their number and retire annually, and shall be elected by the votes of the inhabitant^ election. of the district, who are Free Miners at the time of the election. 135. No Free Miner or other person shall be eligible as a candi- Member's quaiifica* date, jinlesB he shall have been a regisrtered, owner of a mining *i°"' interest in the district, for at least three months previous to th.e election. 136. Each voter shall have nine votes, but shall not be allowed voter's quaiifica- to give more than one vote to each candidate. tio"- 137. The votes of the electors shall be given in person by the (joia Commissioner voter, and the Gold Commissioner of the district shall act as the 1° ^^ Returning ' Officer. Eeturning OfEicer, and shall decide all questions as to qualification and disqualification of the members elect. The first election shall take place on such day as the Gold Commissioner may appoint. 138. If any membea- shall cease to be a registered Free Miner in y^gg^jij ^^^ the district, or shall be convicted of any misdemeanor, or felony, ship. or of any wilful and malicious contravention of this Ordinance, or of any By-Law in force in the district, he shall ipso facto vacate his seat in each case, and not be re-eligible, save that a member vacating his seat, only by reason of ceasing to be a registered Free Miner, shall be again eligible at any time upon his becoming a registered Free Miner. 139. "Whenever any member shall abseflt himself from three or more consecutive meetings of the Board, whether regular or ing. adjourned meetings, he shall, upon a resolution passed by the Board to that effect, be considered to have vacated his seat therein.^ 14Q. The Gold Commissioner shall fill by appointment all vacan- cies which may arise in the said Board, when the same may occur. Board, and such appointees shall hold office until the next general election. 141. The Mining Board shall, subject to the provisions hereof, have power by resolution to make By-Laws, which shall be sub- faTsfrc^wWch^" mitted for the approval of the Gold Commissioner, (aay By-Laws '""s* ^^e approved so approved by the Gold Commissioner,' shall be immediately ^"^ ^ overnor. 291 [No. 90.] GoldrMning. [30 Vict.] A.D. 1867. posted in the Gold Commissioaer's Office), and also from time to — time to suggest any alteration or repeal of existing laws for regu- lating the size of claims and sluices, the mode in which claims may be worked, held, and forfeited, and all other matters relating to mining in the district; and any By-Laws so made shall be binding in such district, until the same shall have been disapproved by the Governor. Majorities. 142. Any resolution of such Mining Board may be passed by a bare inajority of the members of such Board. The Gold CommiSf sioner shall, within seven days after the receipt of the copy of any such resolution, signed by the Chairman of the Board, concerning any By-Law or general regulation which he shall on any grounds deem expedient to lay befote the Governor, make and send a fair copy thereof, signed by such Gold Commissioner, with his opinion thereon. Mining Board meet- 143. The Mining Board shall meet at such times as a majority of *°ss. the said Board shall decide, and one-half of the members of the said Board shall constitute a quorum. Provided, nevertheless, that it shall be lawful for the Gold Commissioner, and so often as in his opinion occasion shall require, to call together such Mining Board.] Votes oral. 144. The votes on all resolutions ot the Mining Board shall be given by the members personally and by word of mouth. Mode of conducting 145. All questions of order and of the time and manner of con- eprocee ings. (j^cting the business at such Mining Board, and of the times and places of meeting after the first meeting thereof, may be decided by the majority of the said Mining Board, either from time to time as any question shall arise, or by any fixed rules and others as may be thought advisable. Power to the Go- 146. It shall be lawful for the Governor, by an order under the Ternor to dissolve Pubijc Seal of the Colony, at any time to declare the Mining Board any Mining Board. ^ ^ j o in any district dissolved, at a day to be named in such order, and if no day be therein named in that behalf, then as from the date of such order. . Part XII. Penal Clauses and dames of Indemnity. Summary power in 147. Any person wilfully or unlawfully acting in contravention; ence! °^ ^''°^^^'- of this Ordinance, or of any By-Law, Kule, or Eegulation to be established by virtue of this Ordinance, or refusing to obey any lawful order of the Gold Commissioner, shall, on being summarily convicted before any Justice of the Peace or Gold Commissioner, be liable to a fine not exceeding two hundred and fifty dollars, or to an imprisonment not exceeding three months. Penalties how re- 148. All penalties imposed under this Ordinance may be re- covered, covered forthwith, or at such reasonable interval after conviction 292 [30 Viei.J Gold Mining. pfo. 90.] and non-payment as shall he allowed, by distress and sale of any a.D. 1867. mining or other personal property of tlie offender. — 149. All fines and fees whatsoever payable under this Ordinance, All fines and fees to except otherwise expressly appropriated, shall be paid into the Treasury. ^^^° * Treasury of the Colony as portion of the Revenue thereof, to the use of Her Majesty, Her heirs and successors. 150. Any person convicted and sentenced to any term of im- Appeal to the Su- prisonment beyond thirty days, or to pay any fine beyond one Snfund sum- hundred dollars over and above the costs of conviction, may appeal ^^^7 ^^^^s- to the Supreme Court of Civil Justice; provided that such person do, within forty-eight hours after such conviction, enter into recog- nizance with two sufficient sureties, conditioned personally to appear to try such appeal, and to abide the further judgnaent of the Court, and to pay such costs as shall be by such last mentioned Court awarded. And the convicting Gold Commissioner may bind over any witness or informant under sufficient recognizances to a,ttend and give evidence at the hearing of such appeal. 151. On any such appeal no objection shall be allowed to the no merely formal conviction on any matter of form or insufficiency of statement, objection allowed. provided it shall appear to the said Supreme Court that the defen- dant had been sufficiently informed of the charge made against him, and that the conviction was proper on the merits of the case. 152. Any person who shall wilfully damage, destroy, or alter any Certain offences. Free Miner's Certificate, or who shall falsely pretend that he is the person named therein, or who shall wilfully destroy or falsify any of the records and 'registers hereby directed to be kept, shall be guilty of felony, and being duly convicted thereof shall be liable, at Felony, the discretion of the Supreme Court of Civil Justice, to penal ser- vitude for not more than ten years. 153. Any person who shall steal, or sever with intent to steal, stealing gold dust any gold or gold dust from any claim or from any ground com- ^'■°"">l*™ f^io'^r- prised in any lease granted under this Ordinance, shall be guilty of felony, and being convicted thereof shall be liable to be punished in the same manner as in cases of larceny. 154. Any person who shall, with intent to defraud his co-partner Defrauding co-part- (or in cases of agency his principal) in any claim, secrete, keep "^'^ °^ principal back, or conceal any gold found in such claim he shall be guilty of felony, and upon conviction thereof shall be punished in the same manner as if he had feloniously stolen the same. 155. I^othing herein contained shall, save where such intention □ ... is expressly stated, be so construed as to affect prejudicially any uing rights^. '"^ """ mining rights and interests acquired prior to the passing of this Ordinance; and all rights and privileges heretofore and hereunder acquired shall, without the same being expressly stated, be deemed 293 A.D. 1867. Short Title, P"o. 91.J Excise. [30 Vict.] to be t9,l?en and held subject to tbe rigbts of Her Majesty, Her heirs and successors, and to the public rfghta of way and water of thig Colony. 156. This Ordinance may be cited fori all purposes as "The Gold Mining Ordinance, 1867." Bepeals former Acts. Distillers to take out a licence. No. 91. An Ordinance to regulate Excise in all parts of the Colony; < \pid April, 1867.] Preamble. 'IITHEEEAS it is expedient to assimilate the Law of Excise in all >V parts of the Calony : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as foUowa^^ 1. The British Columbia " Distillers' Excise Act> 1861," and " The Distillers' Ordinance, 1865," are hereby repealed, hut such repeal shall not aftect any rights acquired ©r penalties or liabilities incTjrred under such Act or Ordinance, but the same shaU be respectively held enforceable and recoverable as if such repeal had, not taken place. 2. No person, other than a person licensed in the manner here- inafter provided, shall act as a Distiller in British Columbia, or shall distil, manufacture, rectify, or make therein any Spirits from veg- etable or saccharine matter, under a penalty of fifty dollars for each day on which any such offence is committed, and on pain also of forfeiting, over and above the penalty aforesaid, all Spirits distilled, brewed, manufactured, or made in contravention to this Ordinance, and every still, mash-tub, fermenting-tun, or other vessel, machin- ' cry,' or utensil of any kind used by him or in his possession, or on his premises. Definition of a ^- '^'^'^ establishment or place used for the rectifying of Spirite, Distillery. by any process, shall be deemed a Distillery within the meaning of this Ordinance. Licence to be for one 4. Every Stipendiary Magistrate in British Columbia may issue year at a place cer- a licence to act as a distiller in some certain premises situate at some certain place, to be approved by such Magistrate, within such Magistrate's district, and to be described in the licence, to any per- son or partnership of persons requiring the same, and being resi- dents or having his or their place of business in such district, and having previously complied with the requirements of this Ordinance 294 [30 ViOT.] Uxdse. pCo. Ol.J in that behalf,' and -each such licence shall remain in force for one A.D. 1867. year from the date thereof, and no longer. 5. The party in whose favor a licence to act as Distiller is granted Licence fee. shall, on requiring such licence, pay to the Magistrate issuing the same tlie sum of twenty-five dollars, as a duty to Her Majesty upon 8u.ch licence. 6. ^0 licence to ax;t as a Distiller shall be granted to any party Application for except on a written requisition addressed to the Magistrate and licence to be signed '^ ^ ... by applicant, signed by the party requiring such< licence, or, if it be required by a partnership, then by one of the partners. « I, IsTo such licence shall be granted to any party until such party ggg^j^;^ ^^ ^j^g ^_ has jointly and severally with two good and sufficient sureties to tent of $iooo to be the satisfaction of the Magistrat,© issuing the licence, entered into a garetie^f ^°° '^'^ bond to Her Majesty, Her heirs and successors, in the sum of one thousajid dollars, and such bond shall be taken before the said Magistrate, and shall be conditioned for the rendering of all ac- counts, and the payment of all duties and penalties which the party to whom the licence is to be granted will become liable to render or pay under the provisions of this Ordinance, and that such party will faithfully comply with the requirements thereof, according to their true intent and meaning, as well with regard to such accounts, duties, and penalties as to all other matters and things provided by this Ordinance whatsoever. 8. Th6 bond aforesaid shall remain in force as loflg as any duties Duration of the bond upon any Spirits distilled, manufactured, or made, while the licence *° b? ""i*'! f"ii satis- . , , , . . p 1 ■ 11- faction ot all ac- to which the bond relates is m force, or any penalty incurred during counts, duties, and the said time by any breach of the conditions of the bond remain ^^"^ ''^^" due and unpaid by the party to whom such licence was granted. 9. "Whenever any new licence is granted to any party, a new j^^^ bond with fresh bond shall likewise be entered into with reference to such new licence. licence. 10. A new bond shall also be given whenever, during the period „ , -u . T. ^1, T ^ i.- I, -f 3 . • • ^ ^1, ^ XI. New bond on death, for which the licence to which it relates is in lorce, either oi the insolvency, or bank- sureties dies, becomes insolvent, or removes permanently out of the '■"P'<=y of any surety. Colony; in any of which cases the licence shall become void from the time the party is required by the Magistrate to enter into a new bond until the time when such new bond is given, during which time the party neglecting to enter into such new bond shall be held to be without a licence. II. Every party licensed as a Distiller shall have his name and ^^^^ ^^^ ^^jj.^ ^ calling as such inscribed in legible characters and exposed on some dis.iUer to be pub- conspicuous part of the front of the building or premises in which '° ? ^^ ^ ^ ^ • such calling is exercised, under a penalty not exceeding fifty dollars for each day on which he exercises such calling without complying with the requirements of this section. 295 pro. 91.] Excise. [30 Vict.] A.D. 1867. ^^- -^^ ^"^^ Spirits as; aforesaid lawfully distilled,: manufactured, -— or made within the Colonv shall be respectively subject to the duty Duty of $1 per gall. . -rr -mi ■ i. x, • a. x- i xi x • x r^ ^ on spirits. to Her Majesty hereinafter mentioned, that is to say:— On every gallon, imperial measure, of Spirits of any kind, not exceeding the sti-iength of proof by Syke's Hydrometer, and so in proportion for any greater strength than the strength of proof, and for any greater or less quantity than a gallon, one dollar, and such duty shall be computed and charged upon the quantity of Spirits to be ascertained after the first process of rectification, and shall be paid by the party distilling, manufacturing, or making such Spirits, to the Magistrate, in the manner hereinafter mentioned. Book detailing the ' 13. Every person or party licensed as a Distiller shall keep a book ^hfsSrotoined or books (in a form to be approved by the Collector of Customs) by distillation. and to be open at all reasonable hours to the inspection' of any Magistrate, or Customs or Excise Officer, or of any person author- ized by a Magistrate to inspect such book, in British Columbia, wherein such Distiller shall enter from day to day the quantities of grain or other vegetable production or other substance put by Mm in to the mash-tub, or otherwise used by him for the purpose of producing Spirits, or otherwise disposed of; and also the quantity of Spirits by him distilled, manufactured, or made, showing the quantity produced at each separate time if there have been' any distinct set or sets of operations byreason ofwhich duties havebecome payable. And for any wilful false entry, or any wilful neglect to make any entry hereby required, the Distiller shall incur a penalty not exceeding two hundred and fifty dollars, and the Magistrate^ Customs or Excise Officer, or other authorized person may at all times demand to be shown all the stock of such grain, vegetable production, or other substance as aforesaid then on the premisea mentioned in the licence. Accounts to be ren- ^^' ^^^rj P^rty licensed to act as a distiller and acting as such dered to the Magia- shall, within ten days after the first day of each of the months in each year, render to the nearest Magistrate a just and true account in writing, extracted from the books to be kept by such person a» aforesaid, and signed by such party, or his agent, or chief clerk, showing : — (1.) The total quantity in gallons of each kind of Spirits (with the strength thereol) on which a duty is payable, by him distilled, manufactured, or made. (2.) The quantity produced at each separate time, if there have been any distinct set or sets of operations, byreason ofwhich duty became payable. (3.) The quantities of each kind of grain or other vegetable, pro- duction or substance used by such party in his busiuess aa » Distiller. 296 trate. [30 Vict.] Excise. [No. 91.] (4.) And such account shall be attested by the person signing the a.D. 1867. same by an affidavit in the following form : — "I, , do solemnly swear that the account above written, to which I have also subscribed my name, contains a true account of the total quantity of every kind of Spirits or Strong Waters, or Spirituous Liquors, distilled, manufac- tured, or made by me (or by as the case may be) within the time mentioned in the same account, and on which duty is payable, and of the quantities of each kind respectively, and the strength thereof; and also of the quan- tities produced at each separate time therein mentioned by a distinct set of operations, and also of the quantities of all grain or other vegetable production or substance consumed by me (or by the said ) during the same time. So help me God." 15. Such affidavit shall be made before the said Magistrate, and Affidavit to be made shall be delivered with such account to the said Magistrate, who ^ho mly^nteftogate may put to the person making it such question as he may deem on affidavit, necessary to the elucidation and full understanding of the account, and for ascertaining whether such person has had the means of knowing the same to be correct, and may require his answers to be sworn to before him, and may reject the account if such account or the answers so given are insufficient according to the true intent and meaning of this Ordinance. 16. And any wilfully false statement in any affidavit or answer wilfully false state- to a question required by this Ordinance, shall be deemed wilful ™e°t *" ^^ perjury, and corrupt pequry, and punishable accordingly. 17. Every licensed Distiller shall, at the time of rendering such Sums due to be paid account as aforesaid to the Magistrate, pay over to that officer the ^^ '° *^® Magistrate. amount of duties which by such account appear to be payable, other than such duties which may be payable in respect of Spirits depos- ited in a bonded or certified warehouse as hereinafter mentioned, 18. If any licensed Distiller refuses or neglects to render such penalty for neglect, account or to pay over such duties as aforesaid, according to the true intent and meaning of this Ordinance, he shall by such refusal or neglect, in either case, incur a penalty not exceeding two hun- dred and fifty dollars, and the Magistrate may also, at his discre- tion, cause a notice to be inserted in one or more of the local papers, or the Grovernment Gazette, declaring the party so refusing or neglecting to have forfeited his licence as a Distiller, and such licence shall be forfeited accordingly, and shall be null and void from and after the date of such notice, nor shall any new licence be granted to the defaulter until after the debt and penalty aforesaid have been paid and satisfied. 19. Any Spirits subject to duty under this Ordinance may be Bonded and certified deposited in a bonded or certified warehouse, as hereinafter men- warehouses. tioned. 297 Certified warehouse. [No. 91.] Excise. [30 Vict.] A.D. 1867. 20. A certified warehouse shall be some place approved by the Magistrate within his district for the storage of Spirits on which the duty is unpaid. Magistrate to have 21. The key to the certified warehouse shall be kept by the said enter^at all hoiwsy Magistrate, and he or his agents may at any time, either in the day or night, enter therein and inspect the Spirits therein contained, and may test and examine the same, and take such other steps for the protection of the Sevenue as in his absolute discretion he may think proper. Magistrate or person 22. No Spirits sha)!! be removed from a certified warehouse after to bi'^res^t'af the having been placed therein without the presence either of the removal of Spirits Magistrate or of some person nominated by him in that behalf, and warehouse. ' the amount of duty after the rate aforesaid shall be payable on the Spirits so removed on the next monthly settlement of account. Penalty on persons 23. Any person entering into a certified warehouse without the entering a certified consent of the Magistrate shall be liable to a penalty not exceeding warehouse without o r j ^ & the consent of the two hundred and fifty dollars, and any person removing any Spirits agistrate. from a certified warehouse except in the presence of the Magistrate or person nominated by him shall be liable to a penalty not exceed- ing five hundred dollars. CoUeotorofCustoms 24. The Collector of Customs may, with the approval of the tions with^egard^to Grovemor, make such regulations as to him may seem necessary warehousing. relative to the warehousing of Spirits under this Ordinance. Magistrate may in- 25. Every licensed Distiller shall, on being thereunto required hy spect books. g^ Magistrate or by any person authorized by a Magistrate, produce to him at any seasonable time and hour, and shall allow him to take copies and extracts from such books and accounts as are requisite to enable him to verify any account rendered as aforesaid, and shall at all times and hours allow the Magistrate, or any person employed by him, free access to the buildings and premises in which such Distiller exercises his calling as such, under a penalty of twenly^ five dollars for each neglect or refusal to comply with the require- ments of this section. Place of production 26. Except that no Magistrate or other person shall require any !.r.^^i°=l*''-' ''"'"*'' such book or account to be produced to him elsewhere than at the place where such Distiller carries on his business as such. Notice to Magistrate ^'^- ^^ Distiller shall work his Distillery at any time unless he fnTthe°dfstmer'^' ^^^gi^^^i^ ^* ^^^st tweuty-four hours' previous notice in writing to the nearest Magistrate of his intention to work the same at such time, and such notice shall not extend to a longer period "than thirty days from the delivery thereof to the said Magistrate. Meaning of working 28. Any use made of any still, mash-tub, or fermenting-tun, for a distillery. ^jjg purposc of distillation, mashing, or fermentation, shall be deemed to be a working of the Distillery and an acting as a Dis- tiller within the meaning of this Ordinance. 298 [30 Vict.} Excise. [No. 91.] 29. If any Distiller works his Distillery, at any time for which, he _a^.d. 1867. has not given notice of his intention to work the same, he shall for each day on which he so works such Distillery incur the same without a notice, penalty and forfeiture as if he had worked the same without a licence. 30. Every licensed Distiller shall at all times furnish the Magis- Distiller to furnish trate or his assistant, or other authorized person, with lights, sifres'' &c. ^^fo'r^the ladders, measures, and other things requisite to enable him properly P'^Tose of inspec- to examine, inspect, measure, or guage any still, auxiliary vessel, mash-tub, fermenting-tun, or other vessel, or any grain, vegetable, or other substance or matter as aforesaid on the premises of such Distiller, or any part of such premises, under a penalty of twenty- five dollars for any refusal or neglect to comply with the require- ments of this section. 31. The Magistrate and any person or persons acting under him Magistrate may or by his directions may, at any hour of the day or night, enter any ^''*^'' premises referred to in any licence granted under this Ordinance, and may make all necessary enquiries and searches therein for the purpose of ensuring the ' execution of this Ordinance according to its true intent and meaning, subject to the restrictions hereinbefore mentioned. 32. It shall be lawful for any Distiller to bond any Spirits manu- Spirits may be bond- faetured under this Ordinance in this Colony, and to export the *'^,™ ^^^ 9.°^?"?' and exported in bond same m bond from the Colony, nevertheless with, under, and sub- under certain re- ject to all such regulations and restrictions for the protection of the ^*"'^*i°°^- Eevenue, as shall from time to time be prescribed by the Collector of Customs in that behalf. 33. Any duties payable under this Ordinance shall be recoverable Recovery of duties, at any time after the same ought to have been accounted for and paid, whether on account of the quantity of Spirits aa aforesaid on which they are payable has or has not been rendered as aforesaid, but in the case last mentioned the party by whom such duties are payable shall incur a penalty not exceeding the sum of two hundred and fifty dollars, and the amount of duties, for his neglect to render the accounts relative to the same as hereinbefore required, in addition to any other penalty incurred by him by such neglect; and all such duties shall be recoverable with full costs of suit in favor of Her Majesty. 34. The payment of any penalty imposed by this Ordinance shall Payment of penalty not discharge the party paying the same, or his sureties, from the not to affect the pay- obligation to pay all duties due by such parties, and the same shall be paid and may be recovered as if such penalty had not been paid or incurred, and all such duties shall be recoverable with full costs of suit, as a debt due to Her Majesty. 35. And without any prejudice 'to the liability of any other stock in trade, and property of the debtor or his sureties, the stock in trade, stills and ntblefor^uties ^^ 299 la e or -^ 'es. [Ko. 91.] Excise. [30 Vict.] A.D. 1867. mash-tubs, fermenting-tuns, and other machinery and utensils, — whether so fixed as to form part of the real or immovable property or not, which are on the premises mentioned in the licence at the time any such duties become due, shall be liable for such duties and for any penalty incurred by the Distiller on whose premises they are by special privilege and lien in favor of the Crown ; and may be seized and sold in satisfaction of the same under any "War- rant of Distress or Writ of Execution, and removed by the purchaser, to whomsoever the same might otherwise belong, or into or in whose lands or possession soever the same have passed or are found, and notwithstanding any claim to the same, or privilege, or lien thereon in favor of any other person or party whomsoever; and if the same be forfeited under the provisions of this Ordinance for any contravention thereof, they may be seized by the Magistrate or any person acting under his authority, at any time after the com- mission of the offence for which they are forfeited, and marked, detained, or secured until condemned or released by competent a,uthority, and shall not, while under seizure, be used by the offen- ders, and if condemned they shall be removed, or sold, or other- wise dealt with in- such manner as the Magistrate shall direct. Summary procedure 36. The penalty or forfeiture incurred for any offence against the provisions of this Ordinance, and the duties payable hereunder, may be sued for and recovered before the Magistrate of the district in which the offence was committed, or the premises used as a Distillery is situate; and any such penalty or duty may,^if not forth- with paid, be levied by distress and sale of the goods and chattels of the offender, under the warrant of such Magistrate; or the said Magistrate may, in his discretion, commit the offender to gaol, until the penally with the costs of prosecution shall be paid. Generaijurisdiction. 37. Provided, always, that any pecuniary penalty or any for- feiture imposed by this Ordinance, whatever may be the amount thereof, may be sued for and recovered with costs, on the oath of any competent witness, in any Court having civil jurisdiction to the amount of such penalty or forfeiture, by Her Majesty's Attorney General, or by any other person or oflScer thereunto authorized by the proper authority; and such penalty or forfeiture shall belong to Her Majesty. Saving of persons ^8. ~Eo persou making any seizure under this Ordinance shall be probl^bie caiTe.''"'' ^'^^^® *° damages if such seizure be declared not valid, providing the Court or Magistrate declaring it not valid, certify that there was probable cause for making it. Penalty on witnesses ^^- ^^^^ persou refusing or neglecting to appear before any refusing to appear Magistrate, Or anj' Court, to give evidence when summoned, con- and answer. . ti t «. . , cernmg any alleged offence agamst the provisions of this Ordinance, shall for such refusal or neglect incur a penalty of not more than 300 [30 Vict.] Earhour. [lS"o. 92.] two hundred and fifty dollars, to be recovered in tlie manner here- a,D. 1867. inbefore provided for the recovery of other penalties of like amount. — 40. When any act, deed, matter, or thing is required or permit- Powers of tempora- ted to be done, performed, or executed by any public officer by ^'^ P""'° officers, virtue of his office, the same may be done, performed, or executed by any person for the time being lawfully acting or empowered to act in such office, and in particular where any act, deed, matter, or thing is required or permitted to be done, performed, or executed by the Governor, the same may be done, performed, and executed by the person for the time being lawfully administering the Govern- ment. 41. Whenever in describing "or referring to any person or party, interpretation matter or thiiig, any word importing the masculine gender or ^'^i^^' singular number is used, the same shall be understood to include and shall be applicable to several persons and parties as well as one person or party, and females as well as males, and bodies corporate as well as individuals, and several matters and things as well as one matter or thing, unless it otherwise be pro- vided or there be something in the subject'or context repugnant to such construction. 42. This Ordinance may be cited for all purposes as "The Excise short Title. Ordinance, 1867." No. 92. An Ordinance to assimilate the Laws for the regulation of Harbours in all parts of the Colony of British Columbia. \2nd April, 1867.] WHEEEAS it is expedient to assimilate the Laws for the regula- Preamble, tion of Harbours in all parts of the Colony ot British Columbia : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows: — 1. " The Harbour Eegulation Ordinance, 1865," of the Colony of Eepeais former Acu. British Columbia before the Union, and "The Harbour Eegulation Act, 1863," of the former separate Colojiy of Vancouver Island and its Dependencies, are hereby repealed. Provided, however, that all liabilities and penalties imposed and accruing due under the said repealed Ordinance and Act, or either of them, and all remedies and punishments for recovering and enforcing the same shall still, notwithstanding, such repeal, remain in full force and effect, and be capable of being enforced and inflicted as if such Ordinance and Act were still in force, but not farther or otherwise. 301 [No. 92.] JSarbour. [30 Vict.] A.D. 1867. Harbour Master to make general Har- bour regulations. Penalties for non- conformity there- with. 2. The Harbour Master of every Harbour or Port in the Colony of British Columbia shall give directions for regulating the time at which and the manner in which every Vessel shall enter into, go out of, or to or be in any Harbour, Pier, or Wharf within the jurisdic- tion of such Harbour Master ; and the position, mooring, or un- mooring, placing, and removing of every Vessel whilst therein; for removing unserviceable Vessels and other obstructions from the Harbour, Pier, or Wharf, and keeping the same clear ; and for regulating the use of fires and lights within or upon the Vessels in the Harbour, or in or at any Pier or Wharf. 3. The Master of every Vessel within^ any Harbour, or at any Pier or Wharf, shall regulate such Vessel according to the direc- tions of the Harbour Master, made in conformity with this Ordi- nance. Any Master or other person in charge of any Vessel who, after notice of any such direction by the Harbour Master served upon him, shall not forthwith regulate such Vessel according to such directions, shall be liable to pay a penalty not exceeding one hundred dollars. Charges incurred by Harbour Master when to be levied by distress. 4. In the event of the Harbour Master not finding the Master or Officer in charge of any Vessel on board to obey his instructions when the service is required without delay, or in the event of such Master or other person neglecting to satisfactorily conform to such direction, it shall be lawful for the said Harbour Master, or any per- son acting under his authority, to employ a sufficient number of persons to perform the required service, and to recover the amount of the same from the Owner or Master of such Vessel, in a summary manner before any Justice of the Peace, and in case of refusal or neglect of payment of such charge for the space of seven days after conviction, the Harbour Master may levy such charge by distress and sale of such Vessel, or the tackle or furniture thereof, and the said Justice shall issue his warrant accordingly. Provided, that the levy aforesaid shall in nowise aftect any penalties to which such Master or other person shall have rendered himself liable. Eules for discharg- ing coals, ballast, and loose material. 5. Every Master or person in charge of any vessel, previously to loading or unloading, or discharging ballast, coals, cinders, stones, bricks, tiles, or any other loose matter of a like nature, shall be and is hereby required to fasten canvas, or a cloth, or a shoot from the Vessel, extending to the wharf, quay, or vessel, to or from which such ballast or other loose material shall be conveyed, so as to pre- vent any part thereof from dropping into the Harbour, and shall place the same at such distance or point from or near the edge of every quay or wharf in which the same shall be placed to be loaded or discharged, as such Harbour Master shall order, and in default of so doing every such Master or other person shall be liable for every such offence to a penalty not exceeding one hundred dollars. 302 [30 ViOT.J Sarhour. [No, 92,] 6. Every person being the owner of <3r taving the charge of any ^.d. 1867 tar, pitch, resin, spirituous liquors, turpentine, oil, gunpowder, or j^o^^f^tar other combustible thing which shall be upon any quay or wharf, pitch, gunpowder, or on the deck of any vessel within any Harbour, or at or near any ' °' wharf or pier, shall cause the same to be removed to a place of safety, or otherwise secured or rendered safe, within two hours after being required so to do, by notice in writing under the hand of the Harbour Master, and in default of so doing shall be liable to a penalty not exceeding twenty-five dollars for every hour such com- bustible thing shall remain in any such place aforesaid, after the expiration of two hours from the service of such notice. 7. Every person who shall throw or put any ballast, earth, stones, Penalty for throw- ashes, rubbish, or other material into any Harbour, or shall know- nfrbours! *" ° ingly permit the same to be so thrown or put, shall, unless he shall have obtained permission in that behalf in writing, under the hand of the Harbour Master, with the sanction of the Governor for the time being, be liable to a penalty not exceeding two hundred and fifty dollars for every such offence, and on such offence being proved, one-half of the said penalty may, at the discretion of the Justice before whom the complaint shall ^be made, be paid to the informer or informers thereof. 8. 'So Master, Commander, or Pilot, having the charge of any penalty for mooring Vessel or Ship, shall moor or in any way make fast any such Vessel on buoys. or Ship to any. buoy or beacon not being a mooring buoy or beacon, or make use of the same for warping, under a penalty not exceed- ing five hundred dollars. 9. Every Master, Commander, Pilot, or other person having vessels to be trim- charge of any Vessel or Ship, shall, when required so to do by the ™ea as Harbour said Harbour Master, or by any person acting under his authority, peak their yards, place sprit sail yard fore and aft, run jib-boom in, get their anchors on the forecastle deck, rig in main and mizen booms, and stern and quarter davits. 10. Any Master or other person having the command of any Penalty for false Vessel, who shall give false information of the draught of water of information as to ^ uraugnt ot water. any such Ships, shall be liable to a penalty of not exceeding ten dollars. 11. Any Master or other person who shall remove, or wilfully, or Penalty for injuring through negligence, injure or destroy, or permit a Vessel to strike *"^°y^' beacons, &c. any lightship, beacon, buoy, lighthouse, or land mark belonging to the Colony, and within the jurisdiction thereof, shall for each such offence be subject to a penalty of not exceeding five hundred dollars, in addition to the amount of the damage done, the amount of such 'damage to be ascertained in a summary manner before any Justice of the Peace, and in default of payment to be levied by distress and sale of the goods of the offender, of the vessel doing the damage, or of the tackle or furniture thereof; provided, that the 30a pfo. 92.] Harhour. [30 Vict.] A.D. 1867. Vessels not to be smoked unless by Harbour Master's permission. ofiender may be arrested and detained in custody until the return of the warrant of distress ; and in case of the insufficiency of such distress, he may be committed to prison for three calendar months, or until payment of the amount for the time being remaining due of such penalty, damages, and all costs incurred in carrying out the provisions of this Ordinance. 12. ISo Master, Commander, Pilot, or other person in charge of any Vessel or Ship, shall be allowed to smoke any such Vessel or Ship for rats or vermin, without the authority of the said Harbour Master. Pitcb and oil not to 13. IfTo pitch, tar, Or other combustible matter, shall be heated be melted unless by -jp melted on board of any Vessel or Ship, or on the Wharves, permission. within the precincts of any of the Harbours of British Columbia, by any Master, Commander, or Pilot, in charge of any Vessel or Ship, without the consent of the Harbour Master. 14. No person or persons shall let go, cut, or unfasten any rope, chain, or other fastening to or from any vessel, or buoy, anchor^ mooring, dolphin, or wharf, or other place connected with any Ship or Vessel in any Harbour of British Columbia, unless authori- zed so to do by the said Harbour Master, or by some person acting under his orders, or by the Pilot, Master, or Commander of any Vessel or Ship which may be in the act of mooring, unmooring, or removing. Harbour Master not 1^. Masters, Commanders, or crews of Vessels or Ships, shall to be impeded in his not impede the said Harbour Master, or any person acting under °*'*^' his orders, or in the execution of their duties. Moorings not to be cut. Penalties. Penalties how re- covered. Warrant of commit- ment. 16. Any person infringing any provisions of this Ordinance shall be liable to a penalty not exceeding twenty-five dollars for each and every such offence, unless otherwise herein specially provided for. 17. Wherever in this Ordinance any pecuniary penalty is impo- sed for any offence, the same may, unless otherwise provided, be recovered by way of summary proceedings before any single Justice of the Peace having jurisdiction in the locality in which the offence was committed, and every such penalty may, with costs of con- viction, be levied by distress and sale of the goods and chattels- of any offender; and in case such goods and chattels shall prove insufficient to satisfy such penalty and costs, then by imprisonment of such person so offending, for any term not exceeding three calendar months. 18. In case of any summary conviction under this Ordinance, no warrant of commitment upon a conviction shall be held to be invalid by reason of any defect therein, if it be therein alleged that the person offending has been convicted and there be a good and valid conviction to sustain the same. 804 [30 Vict.] Aliens. pTo. 93.] 19. The word "Harbour" shall include all Ports, Inland Places, A.D. 1867. and "Waters to which the provisions of this Ordinance may be ap- t * ^ TT'a plied or from time to time varied by any Proclamation of the Clause. Governor to that effect. 20. This Ordinance may be cited for all purposes as the "Harbour ^^*"^* ''^'*^®" Ordinance, 1867." No. 93. An Ordinance to assimilate the Law regarding Aliens in all A-D. 1867. parts of the Colony of British Columbia. [2nd April, 1867.] WHEREAS it is expedient to assimilate the Law regarding Aliens Preamble, in all parts of the Colony: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows: — 1. "The Aliens Act, 1859" of British Columbia before the Union, Eepeaia previous and "The Act to enable Aliens to hold Eeal Estate, 1861," and ■*^''*°" "The Alien Act, 1861," of the former Colony of Vancouver Island, are hereby repealed; but such repeal shall not affect or prejudice any rights acquired or things bona fide done thereunder. 2. All Aliens who shall have been heretofore duly naturalized, Eights of Aliens either in that portion of British Columbia heretofore called the ^atj^'^^;"^*^ I'efore Colony of Vancouver Island and its Dependencies, or the remainder of the present Colony of British Columbia, shall be deemed and ta- ken to have been duly naturalized and entitled to hold and transmit all and singular the rights, benefits, and privileges, of and from naturalization as British-born Subjects, and therewith connected, as and from the date of their naturalization in either of such respective portions of this Colony, as if they had been duly naturalized at such last mentioned date in and for the whole of the Colony. 3. Every Alien now residing, or who may hereafter come to Alien may be natu- reside in the said Colony with intent to settle therein, and who shall ytar'f residence, have actually resided therein for a continuous period of one year, without having been, during any portion of that time, a stated resident in any Foreign Country out of Her Majesty's dominions, shall be entitled to procure himself to be naturalized in manner hereinafter described. 4. Every Alien desirous ofbecoming so naturalized, shall procure How naturalized. a declaration of residence and character, to be made and subscribed by some British Subject in the form marked A. in the Schedule hereto. Such Alien shall, in the next place, make and subscribe a 305 [No. 93.] Aliens. [30 Vict.] A.D. 1867. Declaration how to be taken. Proceeding before Supreme Couit. declaration of residence in the form marked B. in the said Schedule hereto, and shall also take the oath of allegiance to Her Majesty and Her successors, in the form marked C. in the said Schedule. 5. Every such declaration and oath may be taken, made, and sub- scribed before any Justice of the Peace acting in any part of the Colony of British Columbia, or before any person appointed by Her Majesty to be a Judge in British Columbia. Every such declaration and oath shall be forthwith delivered to such Alien, with the Certi- ficate at the foot thereof, signed by such Justice of the Peace, or by the Eegistrar of the said Judge, stating the compliance on the part of the said Alien with the regulations hereinbefore contained. 6. It shall be lawful for the said Alien to present all the said documents, properly subscribed and filled up as aforesaid, in open Court, on the first day of any Assizes or general sittings of the Su- preme Court of Civil Justice of British Columbia, in any place in the said Colony, and all such documents shall then be read aloud in open Court, and it shall be lawful for the said Court, on the last day of the said Assizes or general sittings, to order all the said doc- uments and proceedings to be entered as of record in the said Court, and thereupon such Alien shall be admitted and deemed, while within the said Colony of British Columbia, to be thenceforth a British soibject to all intents and purposes whatever, and to hold, enjoy, and transmit all property, rights, and capacities in the same manner as if born within Her Majesty's dominions. Women naturalized 7. Any woman (not a British subject previously to her marriage) by marriage. married to a British subject, whether by birth or naturalization, shall be deemed to be a British subject, naturalized as from the date of her marriage, or of her husband's naturalization, whichever event shall last happen. False statement perjury. Penalty. 8. The declarations hereinbefore referred to (the forms whereof are set. forth in the Schedule hereunto) shall be deemed to be made in accordance with the Act 5 and 6, "William IV., c. 62, for the abolition of unnecessary oaths; and any wilful false statement made therein shall be deemed perjury, and shall expose every per- son making such false statement or procuring the same to be made to all the penalties of perjury ; and in addition to all such penalties, it shall be lawful for the said Court, on motion by the prosecutor, on any trial for perjury or subornation of perjury in respect of any such declaration, to declare null and void the naturalization based upon such false declaration; and thereupon all such steps shall be taken as shall be thought fitting by the said Court. Provided, nevertheless, that nothing shall affect the rights of any other person) derived under the person whose naturalization is so annulled, un- less such other person shall have been cognizantof the perjury at the time of acquiring the right. aoa [30 Vict.] Aliens. [Ho. 03.] 9. There shall be paid to the Justice of the Peace before ■whoin A.D. 1867. such declarations and oaths as aforesaid shall be taken and snbscri- „ , 7 — .. Fees to be paid. bed, the sum of one dollar and no more for each such declaration, and for such oath respectively, and to the Registrai* of the said Court for reading and recording the said certificate and documents, the sum of one dollar and fifty cents and no more; and for every copy of such documents the same amount as for an office copy of any judgment of the said Court; and all such fees shall be applied as any other fees payable to Justices and Eegistrars are applicable by Law or custom. 10. Every Alien shall have the same capaciiy to take, hold, enjoy, Rights of Aliens to recover, convey, and transmit title to land and real estate of every ^°^^ ^^^ ^^**'*®- description in this Colony, as if he were at the time of the passing of this Ordinance a natural-born British subject; and no person ahall be disturbed in the possession or precluded from the recovery of any lands or real estate in this Colony by reason only that some person from or through whom he may derive his title was an Alien. 11. This Ordinance may be cited for all purposes as "The Aliens' Bhort Title. Ordinance, 1867." THE SCHEDULE BEFOEE EEFEREED TO. FOKM A. I, M. JV., of do solemnly declare that I am a naturalized British (or British born subject as the case may be), and that I have known A. B., of . a Prussian subject (or as the case may be), ever since , and that the said A. B. has resided within the Colony of for a period of \one ifear or •wpwmfdi\ that he is a person of good character, and that there exists to my knowledge no reason why to the said A. B. there should not be granted all the right and capacities of a naturalJbom British Subject, and I make this solemn declaration conscientiously believing the same to be true, and in compliance with the provisions of the Statute made and passed in tho Session of Parliamentj held in the 5th and 6th years of the Eeign of the late King William IV., intituled " An Act for the abolition of unnecessary Oaths." (Signed) M. N. Declared and subscribed by the said M. N., before me, in pursuance of an Act of the Imperial Parliament of the United Kingdom, 5 and 6, William lY., c. 62, and of " The Ahens' Ordinance, 1867." And I hereby certify that to the best of my knowledge and belief, the, said A. B. has complied with the requisite formalities specified in such Ordinance, 307 [No. 93.] Aliens. [30 Vict.] A.D. 1867. entitling Mm to be naturalized as a British subject, and I know of no reason why he should not be so naturalized. (Signed) J. P. J. P. for , resident at , this day of , 18 . FOKM B. I, A. B., do solemnly declare that I have resided one year in this Colony, with intent to settle in this Colony, and without having been during that time a stated resident in any Foreign Country. And I make this solemn declaration conscientiously believing the same to be true, and in compliance with the provisions of the Statute made and passed in the Session of Parliament, held in the 5th and 6th years of the Eeign of the late King William IV., intituled "An Act for the abolition of unnecessary Oaths." (Signed) A. B. Declared and subscribed before me, in pursuance] of an Act of the Imperial Parliament of the United Kingdom, 5 and 6, William IV., c. 62, and of "The Aliens' Ordinance, 1867." And I hereby certify that to the best of my knowledge and belief, the said A. B. has complied Vith the requisite formalties specified in such Ordinance, entitling him to be naturalized aS a British subject, and I know of no reason why he should not be so naturalized. (Signed) J. P. J. P. for , residing at , this day of 18 . FOKM C. Oath of Allegiance. "I, A. B., do solemnly promise and swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and Successors. So help me God." (Signed) A. B. Sworn and subscribed by the said A. B., before me, this day of 18 . And I hereby certify that to the best of my knowledge and belief, the said A. B. has complied with "The Aliens' Ordinance, 1867," entitling him to be naturalized as a British subject, and I know of no reason why he should not be so naturalized. (Signed) ' J. P. J. P. for , residing at , this day of * 18 . 308 [30 Vict.] Vicioria Municipal. {Eo. 94.] No. 94. An Ordinauce to Incorporate the City of Victoria. A.D. 1867. \27ui April, 1867.] AMBSDBDbyNo.isi. Fide Nos. 121 & 136. WHEEEAS it is expedient that the Inhabitants of the tract of preamble. Land commonly known as Victoria Town should be Incor- porated: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows: — 1. From and after the passing of this Ordinance, the inhabitants inoorporateB City of of the tract of land specified in the first part of the Schedule hereto Victoria. shall be incorporated under the style and title of "The Corporation of the City of Victoria," and may sue and be sued by that corporate name. 2. The City shall be divided into three "Wards: — The Johnson Creates three wards. Street "Ward, the Tates Street "Ward, and the James Bay Ward. The Johnson Street Ward shall include the tract of land specified in the second part ot the Schedule hereto : The Tates Street "Ward shall include the tract land of specified in the third part of the said Schedule : The James Bay "Ward shall include the tract of land specified in the fourth part of the said Schedule. 3. The G-overnment of the said City shall, subject to the provisions Constitution of of this Ordinance, be placed under the control of a Municipal C°i''«"i- Council. Such Council shall consist of a Mayor and six Municipal Councillors, possessed of the qualifications and subject to none of the disqualifications hereinafter specified. 4. The qualification for a Mayor or Municipal Councillor shall Qualification of be as follows :— f^^°' ^""^ <^°^°"^ Being a male British subject of full age: Having resided within the Colony of British Columbia for a space of six calendar months previous to the election: [^Beiriff at and having been for the three calendar months next preceding the yiJe'So 197 time of election, rated on the Municipal Assessment RoU of the same Oity, in respect of freehold to at least the value of five himdred dollars, or in respect of leasehold to at least the yearly rented of one hundred doUars:'\ 5. The disqualification for a Mayor or Municipal Councillor shall pj^ ... . be as follows: — Mayor and Council- lors . Being a Minister of any religious denomination : Being a Sheriff, or a Sheriff's Officer: 309 A.D.1867. Mnypr l»ow elecM. Municipal C.ouneil- lora how elected. B7 what votes. Who may vote. Voting open, and not by proxy. Tenn of election. Forfeit of $2,500. Pixea day of nomi- nation. [No. 94.] Vkioria. Mvnidpd. [30 Vici.J Being a Bankrupt, Insolvent Debtor, or Outlaw, or having teen convicted of felony: Having directly or indirectly any contract with the Corporation: Being a Naval or Military Officer on fall pay, or being in receipt of any allowance from the Corporation,. 6. The candidate for the Mayoralty (being duly qualified there- for) who shall obtain the greatest collective number of votea, shall be Mayor. 7. There shall be two Municipal Councillors elected in manner hereinafter mentioned, in each of the said Wards. 8. The two candidates in each ward (duly qualified) who shall obtain the greatest number of votes in the ward for which they stand, shall be Municipal Councillors. 9. Every person possessed of the qualifications and under none of the disqualifications hereinafter mentioned, concerning voters of the said Corporation, shall have one vote in the election of a Mayor, and shall, in addition, have two votes in the election of Municipal Councillors for each ward wherein he has qualification, but in voting for Municipal Councillors he shall only vote once in the same ward, and may split his vote between any two of the candi- dates, or vote for one candidate only, and if he shall vote fov one, bis vote shall only count one. 10. The voting for Mayor and Councillors shall be c^en, and no one shall vote by proxy. 11. The Mayor and Municipal Councillors shalL be elected for one year; provided, always, that if the Mayor, or any of the Muni- cipal Councillors, or any person on his, or their behalf, or any person in partnership with him or them, shall enter into or obtain any interest, directly or indirectly, in any contract, entered into by or with the Corporation, such Mayor or Municipal Councillor having any interest in any contract, or having become disqualified as afore- said, shall immediately be disqualified from continuing to be Mayor or Municipal Councillor, as the case may be. Provided, always, that if any Mayor or Municipal Councillor shall vote at any meeting of the Municipal Council, or shall not resign his office within the space of one calendar month from the time when he shall have entered into or obtained any interest in any such contract as aforesaid, such Mayor or Municipal Council- lor shall forfeit to the Corporation a sum of two thousand fl-ve hun- dred dollars, and as to the said sum, the same may be recovered by action, to be brought in the name of the Corporation of the City of Victoria; but all votes given under such circumstancea shall be valid. 12. The nomination shall be, on the 8th day of Kovemher, ia each year, and the polling (if any) on the da^ foUowingi provided, 510 f 30 Vict.] Victoria Municipal. pTo. 94.J that if either of the said days shall fall on a Sunday, the nomination a.D. 1887. or polling shall take place on the following day. 13. The poll shall be held in such place as shall he in that behalf Place of poll, appointed by the outgoing Municipal Council, who shall give at least seven days' notice of the place of nomination and poll in each ■ward, by advertisement thereof in one or more newspapers pub- lished in the city. The vote for Mayor shall be given in Yates Street "Ward, and DO other. 14. The outgoing Municipal Council shall appoint the Returning Eeturning Officers. Officers previous to any ensuing election. The Heturning Officer of Tates Street Ward shall on the day of Duties of Returning nomination, at noon, nominate such persons as shall be put in Officers. nomination in that behalf by some duly qualified voter, as candi- dates for th« office of Mayor or Municipal Councillor, as the case may be; a show of hands shall then take place, and the Returning Officer shall thereupon declare which of the candidates has or have been elected by the show of hands. Any candidate, or voter on his behalf, may thereupon demand a poll, which shall be taken on the day of polling, and the Returning Officer shall, within twenty-four hours after the close of the poll, publicly declare the number polled for each candidate, and who has or have been elected by the greatest number ot votes. In case of a poll being demanded, the poll books and lists of voters for each ward shall be supplied by the outgoing Municipal Council to the Returning Officers. The polls shall be kept open between the hours of eight o'clock a.m. and four o'clock p.m. The Returning Officers shall imme- diately after the declaration of the poll deliver to the Clerk of the Municipal Council the poll books sealed; and such Clerk shall permit any reasonable inspection thereof by any duly qualified voter, and if required, furnish a certified copy thereof, upon pay- ment of twenty-five cents per hundred words. In the election of Mayor or Municipal Councillors, if there be an equality of votes, the Returning Officer shall have a casting vote, to be given at the time of the declaration of the poll. All expenses attendant upon any election under this Ordinance shall be borne by the candidates in equal proportion ; such ex- penses in any ward shall not exceed the sum of fifty dollars. 15. The qualification of voters shall be as follows : — .Qualification of Being a male of full age : Having resided in the Colony of British Columbia for the three calendar months next preceding the election at which he tenders his vote : Being at the time of te'ndering his vote rated on the Municipal 311 [No. 94.] Victoria Municipal. [30 Vict.] A.D. 1867. Disqaalification of Toters. Voters may be ques- tioned. Penalty for untruth. Administration of oaths. By whom adminis- tered. Kesult of poll to be filed in Supreme Court. Oath of Returning Officers. Assessment Roll of the said city, and having paid all assess- ments due up to the time of voting. 16. The disqualification of voters shall be as follows : — Being a Bankrupt, Insolvent Debtor, or Outlaw, or having been convicted of felony. 17. Every person tendering his vote at the election of a Mayor or Municipal Councillor shall before voting, if required by any duly qualified voter so to do, answer such of the following questions ' as shall be put to him : — (1.) Are you the same person whose name appears in the Muni-. cipal List of Voters for the City of Victoria as [A. B.y. (2.) Have you already voted during this election for Mayor or Municipal Councillors in this Ward? (3.) Have you paid all Municipal Taxes due from you up to this date? Any such person who shall untruly answer either of the above questions shall be deemed to have been guilty of a misdemeanor, and be liable to be punished as for perjury. 18. At the nomination, or at anytime before the close of the poll, any duly qualified voter may require the oaths hereinafter mentioned to be administered to any candidate. If such candidate shall not be present, the Eeturning Officer shall forthwith cause a notice to be left at the usual place of abode of such candidate calling upon him to take the oath hereinafter men- tioned; and in default of such candidate taking such oath within twenty-four hours after the personal receipt of such requisition, or in default of such candidate taking such oath within five days, at all events, all votes given for such candidate shall be null and void. "I. A. B.,d.o hereby swear, that I am a British subject and that I am possessed of the property qualification required by and subject to none of the disqualifications mentioned in the 'Victoria Municipal Ordinance, 1867,' with respect to a Municipal Councillor (or Mayor, as the case may be), and that the said property is situated at ." 19. The Eeturning Officer, or Clerk of the Municipal Council, shall have power at elections to administer the oaths and put the questions required by this Ordinance. 20. The Clerk of the Municipal Council shall within three days after the election or declaration of the poll, file a certificate in the Supreme Court of Civil Justice of the result of such election or poll. 21. The Eeturning Officers shall, before entering upon their respective duties, severally take the oath following, before some Justice of Peace of British Columbia, or before three duly qualified voters. 312 [SOi Vict.} Vkiona Mmieipat [Ko. 94.} " I Bolemnly swear tha* 1 will fai'thfully fiilfil tlie dtities of my a.1>. 1867. office, witlio-at fear or favour, and that I hate not received, — nor will receive, any bribe to influence my conduct." 22. Every person, who shall have presented himself for nomina- penalty o£'$25o on' tion, and who shall have been elected Mayor or Municipal Coun- elected Mayor or ' 1 ~ , ^ 1 -, nr- Councillor not serv- cillor must serve,, or in default pay a- sum of twa hundred and fifty mg. dollars towards the Municipal revenue, such sum with costs to be recoverable by the said Clerk aforesaid, summarily before any Justice of Peace aforesaid, and every Mayor and Municipal Coun- cillor shally within six days after election, and before taking hisi seat, take the following, oath, before some Judge of the. Supreme Court of Civil Justice of British Columbia, or before a Justice of Peace : — "■J am a British subject, possessing the requisite property quali- fication, which is [statement of qualification], and subject to Mayor and Councii- none of the disqualifications meatiojied in the ' Victoria ^"°* Municipal Ordinance, 1867,' and have noty nor will have while holding office,, any interest directly or indirectly in any contract connected with the Corporation : " I have not, by myself or any other person, knowingly employed any bribery, corruption, or intimidation, to gain my election, and I will faithfully perform the duties of my office, and will not allow any private interest to influence my conduct in public matters." Every member of the Municipal Council shall, before taking his seat at tlie Municipal Council, produce a certificate from a Judge > of the Supreme Court of Civil Justice of British Columbia, or a Justice- of Peace, stating that the necessary oatha have been taken by such member. 23. In case of the death, bankruptcy, insolvency, resignation, or Provisions for non- permanent absence for the space of three consecutive calendar Mayor; months from the city, of the Mayor for the time being, Or in case the Mayor shall decline to accept office- or neglect to take the ne- cessary oaths, the Municipal Councillor who shall be: selected by the Municipal Council for that purpose, shall preside at the meet- ings of the Municipal Council, and shall have the same powers, du- ties, and privileges, and be subject t® the same liabilities and responsibilities which the; Mayor would have had,, and been subject to, if presiding, until the next day of election. In case of the death, bankruptcy, insolvency, resignation or per- of Councillors, manent absence aforesaid of any one or more of the Municipal Councillors, or in case of a Municipal Councillor filling such vacancy in the office of Mayor as aforesaid, an election of a Muni- cipal Councillor or Councillors shall take place in theusual manner to fill the- vacant office- or offices until the next annual election. 24. The Mayor or presiding Municipal Councillor shall within Re-election of Coun- six days from such vacancy, fix the day for the nomination and ciUora- 3i;j [No. 94.] Victoria Municipal. [30 Vicx.] A.D. 1867. election of such new Municipal Councillor or Councillors, and the nomination and polling shall be held in manner aforesaid. Validity of elections 25. The validity of all contested elections shall be tried before ow to e tried. ^^^ Judge of the said Supreme Court, in manner following: — ^Any voter or candidate may present a petition to the said Supreme Court, praying that the election of any Mayor or Municipal Councillor may be avoided on either of the following grounds : — ^By reason of bribery, intimidation, or undue influence; by reason of such Mayor or Municipal Councillor not having obtained a majority of the votes of the duly qualified electors; by reason of such Mayor or Municipal Councillor not possessing the requisite property qualification, or being under some disqualification as aforesaid. Security, 4c. The petitioner shall in each case give such security for costs as the Court shall direct. The order of the Judge on the said petition shall be^ final and conclusive, and may contain all necessary directions for the holding new elections or otherwise as may be requisite. Such Judge may from time to time make rules for regulating the trial of such petitions and the matters and things connected there- with. Conncil meetings 26. The Municipal Council shall hold its ordinary meetings public. openly, and no persons shall be excluded except for improper con- duct. A special meeting may be open or closed, as in the opinion of the Municipal Council, expressed by resolution in writing, the public interests require. Council when to be 27. The Mayor (or in his default the Clerk of the Municipal summoned. Council) shall, within seven days from the day of election, summon the Municipal Council to meet on a day not more than fourteen days after the day of election, at some place to be mentioned in such summons. Four a quorum. 28. All acts, whatsoever, authorized or required by virtue of this Ordinance, to be done by the Municipal Council, and all questions of adjournment, and others that may come before the Municipal Council, may, save where otherwise expressed, be done and decided by the majority of the members of the Municipal Council who shall be present at any meeting held in pursuance of this Ordinance, the whole number of members present at such meeting not being less than four; at such meeting the Mayor, if present, shall preside, and the Mayor (or in the absence of the Mayor such Municipal Councillor as the members of the Municipal Council then assembled shall Mayor or Chairman choose to be the Chairman of that meeting) shall have a casting a casting vote. ^i n ■, vote in ail cases of equality of votes ; the minutes of the proceedings of all such meetings shall be drawn up and fairly entered into a book to be kept for that purpose, and shall be signed by the Mayor or Municipal Councillor presiding at such meeting, and the said 314 [30 Vict.] Vkioria Municipal. [Ko. ©4.] minutes shall be open to the inspection of any person, who may a.D. 1867. make copies thereof and extracts therefrom, at all reasonable times, on payment each time of a fee of twenty-five cents. 29. Previous to the introduction of any business at any meeting Notice of business to of the Municipal Council, a notice in writing of any business pro- *° ^^ ^^^ public, posed to be brought forward by any member, shall be publicly exhibited for twenty-four hours previously to such meeting, in some public place to be agreed upon by the Municipal Council. 30. Previous to any meeting of the Municipal Council, other Notice of meeting to than adjourned meetings, a notice of the time and place of such ^^'^ *^" '"■ intended meeting shall be given twenty-four hours at least before such meeting, by fixing a copy of the said notice at the Municipal Council Chambers, and such notice shall be signed by the Mayor, who shall have power to call a meeting of the Municipal Council as often as he shall think proper. 31. In case the Mayor shall refuse or neglect to call a meeting provisions for de- within twenty-four hours after a requisition for that purpose, signed J'^^^* °^ ??^j*H'^ i361H&r OQfXlGGl SrXuclr by three members of the Municipal Council at the least, shall have due notice, been presented to him, it shall be lawful for the said three members to call a meeting of the Municipal Council by giving such notice as is hereinafter declared in that behalf, such notice to be signed by the said three members, instead of the Mayor, and stating therein the business proposed to be transacted at such meeting, and in every case a summons to attend the Municipal Council, specifying the business proposed to be transacted at such meeting, signed by the Mayor or the members, as the case may be, shall be left at the usual places of abode of every member of the Municipal Council, or at the premises in respect of which he is placed on the Municipal Assessment Eoll, three clear days at least before such meeting, and no business shall be transacted at such meeting other than the business which is specified in the notice. 32. The Municipal Council may, out of their own body, from sub-committees time to time, appoint such and so many committees, and consisting may be appointed. of such members as they may think fit, for any purposes which in the discretion of the Municipal Council would be better regulated and managed by means of such committees, but all proceedings of such committees shall be subject to the approval of the Municipal Council. 33. The Municipal Council shall, on or before the first Monday Estimate for the in January in each year, cause an estimate to be prepared of the year to be prepared, expenditure required and proposed for the service of the ensuing year, and for the purpose of raising a revenue to meet such expenditure, may thereafter by By-Law or By-Laws, passed and confirmed as hereinafter provided, annually levy and assess a rate or rates upon ^^^^^ leyiable all owners of Real Estate in respect of such estate (including the improvements thereon) within the City limits, not exceeding in any 315 A.D. 1867. Certain estate ex- empt from Munici- pal taxation. For what purposes By-Laws may be made. [Mo. 94.] Vkiona Munictpal. [30 Vict.] •on* yeaj the oQe-foMth of one per cent, on the market value thereof, .and may also annually levy and assess a rate or rates on Persons earryimg on any Trade or Business by wholesale, not exceeding ^20 per annum. Persons carrying on any other Trade, Business, or Calling, not exceeding $5 per annum. The owners of all Dogs running at large, for each Dog, not exceeding.. $2 per annum. Persons keeping Horses for private use, for each Horse, not exceeding.. * $2.50 per annum 34. The following Eeal Estate shall be exempted from all tax- ation which may be imposed under fiiis Ordinance, that is to say:— (1.) Ail Eeal Estate vested in or held in trust for Her Majesty or . for the public uses of the Colony, or vested in or in trust for the Corporation, and either occupied or unoccupied by some person va. an official capacity: l^.) All property vested in any person or body corporate in trust for or for the use of any tribe or body of Indians : (3.} Every place of public worship, churchyard, burying ground, public school-house, public roadway, square, town or city hall, gaol, house of correction, lock-up house, and public hospital, with the land absolutely requisite for the due enjoy- ment thereof. 35. The Municipal Council shall have power to make By-Laws for any of the following purposes; — (1.) The prevention and removal of nuisances within the City: ^2.) The regulation of the traffic within the City, and for prevent- ing immoderate riding or driving: (3.) To regulate the maintenance, repair, and construction of the highways, foot-paths, public wharves, and bridges, situated within the said City: (4.) To provide for the inspection of all cattle, meats, poultry, fish, and vegetables, offered or exposed for sale, and to pre- vent the' sale or exposure of diseased or unwholesome food: (5.) To accept, purchase, and hold such Eeal Estate as may be required for corporate purposes, and to erect such buildings thereon as may be requisite for corporate purposes: (6.) To establish and regulate puhlic markets: (7.) To regulate and provide for the drainage and sewerage of the said City: (8.) To make regulations with regard to the preservation of the said City and the safety of individual houses from fire, and to regulate all matters affecting the liability of the said City to fire: 316 [30 Vict.] Victoria Murddpal. [¥o. 94.] (9.) To regulate the public lighting of the said City, and to reg- a.D. 1867. ulate the public lights in the said City: — (10.) To establish and maintain land marks in the said City: (11.) To establish a general grade for the streets in the said City: (12.) To regulate the sanitary condition of the said City : (13.) To regulate the construction, cleansing, and disinfecting of drains, cesspools, and privies : (14.) To prevent indeoemt inscriptions or placards : (15.) To prevent persons causing water, rubbish, or noxious, •offensive, or unwholesome matter or substance to coUecft or accumulate on or in front of their premises, and to prevent the deport or throwing of broken glass, or other matters or "filings dangerous to traffic on the public highways or in open places : (16.) To prevent and regulate shows and pu"blic exhibitions : (17.) To appoint an inspector of gas-meters : (18.) To regulate the sale, storage, carriage, and ^sposal of gun- powder or any other combustible matter in and through the said city, and the working and inspection of steam engines : ((19.) To :accept, purchase, hold, sell, and dispose of land for public cemeteries beyond the city limits, and to provide for the regulation of cemetea-ies : (20.) To provide for taking census of the inhabitants of the City: (21.) To prevent cruelty to animals : (22.) To Mil dogs Tunning at large : i(2S.) To settle height offences, and regulate division fences™ •(24.) To prevent growth 'of weeds: (25.) To prevent destruction of trees : (26.) To prevent destruction of sign-boards : (27.) To suppress houses of ill-tame: (28.) To prevent and regulate horse racing: (29.) To prevent and regulate public bathing: (150.) To regulate the sale of animals: (31.) To regulate hucksters: (32.) To regulate vehicles exposing articles for sale : (33.) To prevent and regulate slaughter houses : (84.) To prevent and regulate manufactories of combustibles, and storage ot combustible matter: (35.) To regulate the construction of chimneys: ,(36.) To regulate people at fires: (37.) To regulate the erection of wooden buildings, notwithstand- ing any Act or Law in that behalf in force in the Colony: 317 [No. 94,] Victoria Municipal. [30 Vicr.] A.D. 1867. Confers powers on sevea-tenths Of the owners to have pro- perty improved. Notice to be given thereof. By-Laws when operative. (38.) To give aid to charitable institutions: (39.) To compel removal of snow, ice, and dirt, and to provide for removal in case of default: (40,) To regulate tlie width of new streets : (41. To establish and regulate pounds. 36. If the owners of seven-tenths in value of lots in or abutting on any street, or any portion thereof, in the City of Victoria, shall sign a requisition calling upon the Municipal Council to grade, macadamize^ pave, fence, drain, water, light, sweep, lay down side- walks, or otherwise improve the said street, or portion thereof, or if the occupiers of seven-tenths of the lots abutting on any street, or portion of any street, shall sign a requisition calling upon the Municipal Council to light, water, sweep, or lay down side-walks in any such street, or portion of such street (as the case may be), the said Municipal Council shall be empowered, after giving in such manner as ^they alone shall deem expedient, not less than seven days' notice of such intention to each of the owners or occupiers (as the case may be) of the remaining three- tenths as shall not have signed the requisition, to levy, assess, and collect a rate (not to exceed the amount to be estimated and mentioned in that behalf in such requisition) upon the owners or occupiers (as the case maybe) of the lots in and abutting on such street, or portion of street, in order to carry out such improvements, and may apply the rate when collected according to the prayer of such requisition, the Municipal Council approving such requisition in such manner as they may appoint by By-Law, and such By-Law when.finally passed by the Municipal Council, shall become Law from the date of such final passing, and shall be exempt from being referred to the Governor for confirmation, disallowance, or other action, as is here- inafter provided in respect of other By-Laws. Provided, that previous to enforcing such By-Law, the Municipal Council shall give a further notice to such of the said owners or occupiers (as the case may be) as shall not have signed the requisi- tion, by affixing a notice, unde?r the hand of the Clerk of the Muni- cipal Council, to some conspicuous part of the premises the owners or occupiers (as the case maybe) whereof are intended to be affected thereby, or, in lieu thereof, the Municipal Council may advertize the said By-Law in any newspaper published in the said city, iot at least seven days before the same shall be enforced, either of which mode of giving notice shall be good and sufficient notice to all persons and for all purposes whatsoever. 37. Every By-Law, other than those referred to in Sectioji 36 of this Ordinance, passed by the Municipal Council shall be recon- sidered not less than three days after the original passage, and if adopted by the Municipal Council, and subsequently confirmed or left to its operation by the Governor, or confirmed by the Municipal 318 [30 Vict.] Vktoria Municipal. \^o. 94,] electors, as hereinafter provided, shall come into effect and be A.D.|;i867. binding on all persons after seven days from the publication of the same, in some one or more of the newspapers published in the city, unless otherwise postponed in such By-Law. 38. Every By-Law, other than those referred to in Section 36 of By-Laws to be pass- this Ordinance, shall be passed by the vote or resolution of at least counomore.^* *'"^^* three members of the Municipal Council, and at a meeting where at least' four members of the Municipal Council shall be present. 39. The penalty by which any By-Law may be sought to be Penalty for infrac- enforced, may be stated therein, and if no penalty is therein men- ^^°^ of By-Law. tioned, the breach of any By-Law shall be punished in a summary way, by a fine not exceeding fifty dollars, or by imprisonment for any term not exceeding one month, at the discretion of any Justice or Justices of the Peace having jurisdiction within the Municipality. 40. In the event of any By-Law being passed wherein no specific provides for absence penalty is inserted, or in case a specific penalty is inserted, and no ?^ spe^fic penalty means for its recovery specified, any Justice orJJustices as aforesaid, may, in case of a fine, adjudge that such offender shall pay the same, either immediately, or within such period as the said Justice or Justices shall think fit; and in case such sum of money shall not be paid at the time so appointed, the same may be levied by distress or sale of the goods and chattels of the offender, and for want of sufficient distress such offender may be imprisoned as aforesaid, at the discretion of such Justice or Justices, in the common gaol, for any term not exceeding one month, the imprisonment to cease upon payment of the fine and costs. 41. The Mayor shall be deemed one of the Municipal Council, gtatns of Mayor and the head and Chief Executive Officer of the Corporation, and shall ex officio be a Justice of the Peace, and have precedence over all Justices of the Peace, and it shall be his duty to cause the law for the improvement of the city to be duly executed and put in force ; to inspect the conduct of all subordinate officers in the government thereof, and as far as may be in his power, to cause all negligence, carelessness, and positive violation of duty to be prose- cuted and punished, and to communicate from time to time to the Municipal Council all such information, and recommend all such measures as may tend to the improvement of the finances, health, security, cleanliness, and comfort of the city ; but the Mayor shall not hold a separate Court apart from that of the Stipendiary Magis- trate of the said City. 42. The jurisdiction of the Municipal Council shall be confined jmisdictlon of Mu- to the Municipality, except where authority beyond the same is "licipai Council, expressly given. 43. The Municipal Council may make regulations , not specially Municipal Council provided for in this Ordinance, and not contrary to the provisions won3°for*gofM^ 319 pro. 94.] Vixitoria Municipat [30; TiCT.J A.D-. 1867 Expenses of Corpo- ration how defrayed, By-Laws to be trans- mitted to Governor for confirmation. Expenditure to be voted by at least four niembers. No power to incur liability. Repealed and amended by No.l27. [Court of Revision. Powers thereof. "^ Duties thereof. Amended by No. 127 Notice of sittings to be given. hereof, and not contrary to law, for goTerning tlie proceedings of tke Municipal Council and the conduct of: its Members. 44. The Municipal Council may, By resolution passed in manner hereinafter provided, devote any portion of the Municipal Eevenue, not exceeding in the course of the year one-third part, towards defraying the ordinary expenditure of the Corporation in the con^ du'ct of its general business, and, by a resolution passed as aforesaid, may devote the unappropriated portion ef the said revenue, and any accumulations of past re venue,, to any ot the purposes, for which the Municipal Council is authorized to pass By-Laws,, 45. A copy of every By-Law, other thau B|f-Laws created under any of the provisions of Sectibm.) 36 of this Ordinance, shall he transmitted to the G-overnor by the Clerk" of the Municipal Council, within 48 hours of the final passage of the same, signed by the saias inpposed held thereifi qt the time of the imposition thereof. Th^mi/rpTm (ifony) of the proceeds arisivg from any .and every such sale o r i i- ■> ^f(ef tl^e payn)^i\t of fiQ, purrears, interest^ find costs, inchpding the costs incurred iVi a/ifd pdxmt such ^oik (fTid conveyance, and a reasonable corrvmission to the Sheriff on the gale, to be fixed by resolution of the Mv/rdcipal Council, shall be forthwith paid into the Treaswry of the Cplony,toan accpunt to be intituled "Reed Estate Municipal 'lax Sales Account Lots (as the case may be) Victoria," and such moneys may be paid out by order of any Judge of the Supreme Court of CivU Justice, to the person or persons in the opinion of such Court entitled to receive the sam^. Provided that it shall be lawful for the Corporation, under special circum- stances, to extend the period at which any such sale on default shall take place tend term of sale ^ypnd the said five years after the day of defandt. Provided, also, that in special cases of a charitable nature, such as prolonged ' ' ^ . . /^ . "™ postpone pay- Uiness, extreme poverty, accident, or the like, it shall be lawful for the Corporation ment. to postpone or remit the payment of any rates or taxes as may to them seem war- ranted by the peculiar hardship of each particular case brought before them. No informality shall vitiate any such sale or conveyance notwithstanding any Regularity in any such sale of real estate for default or non-performance of any informalitv ' "" * ^ condition precedent to such sale (into which matters respectively no purchaser shall be bound to enquire). The High Sheriff or Deputy Sheriff presiding at each such sale, »hall conm^ to the purohaser an indefeasible title to the real estate so purporting to be amxieyed, qndfor aUthe estate and interest, legal and equitable, 321 piTo. 94.] ViclorM Municipal. [30 Vict.] A T) 1 8fi7 therein of the person who held the same at the time of the imposition of the first rate or tax in arrear as aforesaid, and that free from all incumbrances whatso- ever. Taxes recovered before Concurrently/ with the remedies given by this Ordinance for the collection of competent Comta. Municipal taxes hereunder, the taxes payable by any person her under may be recovered, with interest after the rate of twelve per centvm per arnnv/m, from the day of default afiresaid, on all such arrears of taxes and registration fees witH pa d, together with costs, as a debt due to the Corporation, in a competent Court in this Colony ; and the prodv,ction of a copy 6f so much of the Assessment Roll as shall relate to the taxes payable by such person, purporting to be certified as a true copy by the Clerk of the Municipal Council, shall be prima facie evidence, of the debt. The taxes and costs accrued or to accrue on any real estate under this Ordinance shall be a special lien on such land, having preference over any claim, lien, or incumbrance of any party except the Crown. Liens on Real Estate It shall be the duty of the Municipal Council yearly, and at least once in every to be registered. y^^^^ ^^ register the said lien in the books of any Land Registry Office in th? Colony, as a charge on such Real Estate, taking precedence as aforesaid. Cost of the same how The cost of such registration shall form part of the debt as afuirther advance defrayed. made on the day of registration, carrying the same rate of interest as the principal. Registration how dis- Upon the payment of such debt and costs, including the cost of registering and charged.'] discharging the registration of such liability, the Municipal Council shaM order the registration of such charge to be discharged or satisfaction of the debt to be regis- tered.'^ By-Laws to be ai- 52. All Bj-Laws other than those referred to in Section 36 of this lowed or disallowed Ordinance shall be subiect to confirmation or disallowance by the by Governor, " " , , , , . Governor (or the Officer for the time being administering the Gov- ernment) ; provided, always, that the Governor may, if he thinks fit, refer any By-Law, or portion of a By-Law, to the Municipal vote, which shall be taken, in the manner hereinafter provided, and the result of such vote shall be final ; provided further, that it such con- firmation or disallowance by the Governor be not signified to the Municipal Council, or the By-Law be not referred to the Municipal vote within six weeks after the passing of the By-Law, then such By-Law shall be left to its operation and shall become law, and have the same force and effect as if it had been duly confirmed by the Governor as aforesaid. By-Laws how to be 53. Every By-Law other than those referred to in Section 36 of cipaT^ecto'is.'^'"''' *^^^ Ordinance, or portion of a By-Law, referred as aforesaid to the Municipal vote, shall receive the confirmation of the Municipal Electors in manner following: (a.) The Municipal Council shall, by public notice, fix the day, hoar, and place in Yates Street "Ward for taking the votes of the electors thereon, at every place in the City at which the election of the members of the Municipal Council is held, and shall also name a sufficient number of Eeturning Officers to take the votes at every such place, and such day shall not E22 f30 Vict.] Victoria Mmidpal [No. 94.J be less than seven nor more than twenty-one days after the A.D. 1837. second passage by the Municipal Council, of the proposed resolution : (6,) Every voter shall have a vote either confirming or negativing the said By-Law, or portion of a By-Law, in each Ward where he has a vote for a Municipal Councillor: (c.) The Municipal Council shall, for at least six clear days before the voting day, publish- a copy of such proposed By-Law, or portion of a By-Law, in some newspaper published witliin the Municipality, and also post up a copy thereof, in at least one public place within each ward : {d.) Appended to each copy so published and posted, shall be a notice, signed by the Clerk of the Municipal Council, to the effect following: — "Take notice, that the above is a true copy of the proposed By- Law, or portion of a By-Law, upon which the vote of the Municipality will be taken at (place, day, and hour of the day.)" (e.) The poll shall be taken on the question, Aye, or No, whether the By-Law, or portion of a By-Law, shall be confirmed, and the poll shall be kept open on the day named, between 8 o'clock a. m. and 4 o'clock p. m. : (/,) Every Eeturning Officer shall, immediately after the closing of the polls, return his poll book to the Clerk of the Munici- pal Council, sealed and verified, and a solemn declaration annexed, that the poll book contains a true statement of the votes : {g.) The Clerk of the Municipal Council shall unseal the poll book at the next sitting, and in the presence of the Municipal Council add up the number of votes for and against the By- Law, or portion of a By-Law, and shall certify to the Muni- cipal Council, under his hand, whether the majority have approved or disapproved of the proposed By-Law, or portion , thereof, and shall keep the poll books among the records of his office. 54. In case any proposed By-Law, or portion of a By-Law, shall By-Law negatived be negatived by the votes of the electors, no such By-Law, or por- cannot be consider- tion of a By-Law, or one of a similar nature, shall be brought forward or considered during the same Municipal year. 55. The poll books shall be open to inspection on payment of a poii books open to fee of twenty-five cents to the Clerk of the Municipal Council. inspection. I 56. The Municipal Council shall be capable of holding Eeal Power of Council to Estate, and have entire control of all corporate property. ^°^^ ^**^ Estate. : [57. The Municipal Council shall upon such time or times as shall seem to them REPBALEDbyNol27. Jit, prepare an Assessment Roll containing the names of evert/ person liable to pay l^^oe^sitent Roll how 323 ^/'•«i"»« •] [No. 94.} Vieioria Mwnicvpal. [30 Viclr.} A -Q^ I86f7 Munieipcd- Taxes imder the proin»ionsofthis Ordinance, and definmg ihe property iMsimsSf emlling, fnattel; or tMrlg in respeet ofwhiek each person is so liable, and the said Municipal Council shall, hy public advertisement forfawteeit days in one or more of the newspapers published in the said city, give notice oj the completion of the said roll, and of the place where it may be open for inspection^, and all persons shall be permitted to inspect the same at alt reasonable timeSffree of any charge whatsoever ; and the said' Municipal Council shall furttier notify each person Mable to pay taxes of the wmownt at ttihick he iS dss^ed, eititei-' iffnatiCi left at hit usual place of a%de,dr affi^eSth the' preimi^es h, i'4ipe'. 18€7.- By-Lav#-, o'i* either of thenl, tjilt ttd same may Be rfe'ct)V6r6d, enforced, ^^^ and indicted I'espectively, as if this Ordinance Mad! iidt been passed'. 63. Provided, nevertheless, tliat the election of Mayor and Election of Mayor Mumieipal Councillors^ to be holden on th'e 8th' day of S'ovember g^jj Nov.^'ise™ to next, shall be held accordine to the provisions of the said " Victoria> ^^ ^<>^^ ^^^^^ "J^"-' ■•■ ■ A -.o/>r. ,, . , . 1 ii toria Incorporation Inflorporation Act, 1862,. save m this pespecty that the persons Act, 1862." entitled to vote thereat' shall be- such pe^rso^ns as shall/ at th'e tianer of election, have paid all Municipal Rates and Taxes tten due' hf them. Immediately upon such election- takiag place,, all the pro- visions of this Ordinance shall be- applica-ble tO'the' Mayor an-d? Municipal Council, and shall govern their proeeediags in th^ same manner as if they had been' elected under titie genepai- jwovisionfi of tbis Ordinance. 64. This Ordinance may be cited for all purpds^^- as the' Short Title. "Victoria Municipal OMiriaice, 1867." SCHEDULE To "VlCTOEIA MTmcif AL ORDiNAt'CE, 1867." FlEST PaKT of SdffBriTtii.E': AiiBNDBDbyNo.l27. C?!^ Boundaries. Commencing from the point where the eastern boundary line of Con- stance Street intersects with the shore line of Eock Bay, being the north- western corner of Lot 1364 : Thence following the southeifi shore Me of EocS Bay south-easterly to the point where it is intersected by the north boundary line of Pem- broke Street: Thence easterly along the north side of Pembroke Street, until- it intersects the east side of the street running past the east-side of Lot 19, Block O, on the Official Map of the City of Victoria: Thence southerly along the east side of that street to the northern boundary line of the street running- aioirg-five acre Lots 1, 6, 11, and 16 : Thence easterly along the northern boundary line of the said street, to the south-western corner of Lot 68, Spring Eidge: Thence southerly along the eastern side of the street boimding Lots 67, 52, 51, 36, 35, 23, and 22, Spring Eidge, to the northern boundary hne of Lot 14, on Spring SiiJge, being the southern side of a continu- sCbJcSu of Jbhnson Street: TheUtffe westerlyalong the nortHery boundary liUeOf the'said'Lot 14; to the north-western corner of the said Lot, being the north-easterii cottiei' of Town Lot 1046: 32^ [No. 94.] Victoria Municipal. [30 Vict.] A.D. 1867. Thence in a right line along the eastern boundaries of Town Lots " 1046, 1056, 1066, 1076, 1086, 1096, 1106, and 1583, crossing successively Yates Street, View Street, Fort Street, Meares Street, and Beecher Street, to a point on the south side of Beecher Street, being the north- east corner of Lot 1, in the Fairfield Estate: Thence westerly along the northern boundary of the said Lot 1, to Cook Street: Thence along the eastern side of Cook Street southerly, crossing Eichardson Street and Labouchere Street, to the south-east corner of Pakington Street: Thence along the south side of Pakington Street, to the south- eastern end of Vancouver Street : Thence southerly along the east boundary line of the Public Park to the Sea-shore, at the south-east corner of Public Park: Thence westerly along the Sea-shore to the south-west corner of the Public Park : Thence northerly along the west boundary line of the Public Park, to to the point when the north side line of St. James Street intersects it: Thence along the north side pi St. James Street, to the south-west corner of the Government Buildings Lot, to the point therein when the south boundary line of Block 39 intersects it : Thence westerly along the said south boundary line of Block 39j across Oswego Street, and along south boundary lines of Blocks 40 and 42: Thence southerly along the east side of Montreal Street, to the Sea- shore : Thence following the shore line (including all wharves, jetties, and buildings abutting on the said shore line), to the place of commencement. Second Part oj' Schedule. Johnson Street Ward. All that tract of Land lying between the northern boundary line of the City and the centre of Tates Street, and coloured yellow on the Plan hereunto annexed. Third Part of Schedule. Yates Street Ward. All that tract of Land lying between the centre of Yates Street and the centre of Fort Street, and coloured red on the Plan hereunto annexed. 326 [30 Vict.] County Court. {Eo. 95.] FouETH Part of Schedule, A.D. 1867. AMBNDHDbyNo.127. James Bay "Ward. All that tract of Land lying between the southern boundary line of the City and the centre of Fort Street, and coloured green on the Plan hereunto annexed, {inclmding the Public Park."] No. 95. An Ordinance to amend and assimilate tlie procedure of the A.D. 1867. County Courts in all parts of the Colony of British Columbia. ■^ ^ Firfe N0S.126&137, \Vlth September, 1867.] WHEREAS it is expedient to amend and assimilate the procedure preamble, of the County Courts in all parts of the Colony of British Columbia : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. "The County Court Ordinance, 1866," and "The County gepe^ig former Act«, Court Jurisdiction Ordinance, 1866," of the Colony of British saving previously Columbia before the Union, and "The District Court Act, 1866," penalties incurred, of the former Colony of Vancouver Island, are hereby repealed, and all Rules and Orders of the Supreme Court of Civil Justice of the former Colony of Vancouver Island and its Dependencies here- tofore made, and relating to the Inferior or Summary Court of Civil Justice of Vancouver Island, are hereby repealed and dis- charged, save as hereinafter enacted; but such repeal shall not be held to aftect any rights acquired, or liabilities and penalties already incurred or accruing due under, or the remedies prescri- by, such Act, Ordinance, Rules, and Orders, or any of them, for enforcing such liabilities or penalties; but such remedies may still, for the purposes of such enforcement, but not further or otherwise, be held to be available as if such Act and Ordinances, Rules and Orders, were still in force; and, provided also, that such repeal and discharge shall not cause to revive any Proclamation, Act, or Ordinance, Rule, or Order repealed by the said Act and Ordinan- ces, Rules or Orders hereby repealed, or any of them. 2. So much of the following enactments of the Imperial Parlia- Brings in force cer- ment of the United Kingdom, viz. : the 9 and 10 Victoria, chapter *^'" imperial Acts. 95 ; 13 arid 14 Victoria, chapter 61 ; 14 and 15 Victoria, chapter 52 ; 15 and 16 Victoria, chapter 54 ; and 19 and 20 Victoria, chapter 108, as are applicable to this Colony, are hereby adopted and 327 [Ifo. 95.] County Court. [30 Vioi.J A.D. i«67. enacted as the law of this Colony, subject to the provisions herein- after contained. GoTernor may ap- 3. Notwithstanding anything in the said Imperial Statutes, or Judges!""''*''^ ^°"'' ^J of t^^Wj contained^ it shaJl he lawful for the Grovernor or Officer administering the Government of British Columbia, by any writing under his hand, to appoint any Stipendiary Magistrate or Justice of the Peace of and in the Colony to be County Court Judges, either for the whole Colony or for such parts thereof as he shall from time to time in that behalf direct or appoint. Jurisdiction not ex- ceeding $500. Sumpjfln^ rp/;urn- ablein three days. 4. The amount recoverable before any County Court Judge of British Columbia shall be any sum not exceeding five hundred dollars. 5. A sunipiops mpy be m^de r^Jurp^blp m three days from tbe service tJier^o£ Jiy leave of the Court, upoij affidavit or other proof upon oath satisfactory to any County Court Judge that the party about to be summoned is about to abscond, or defraud, or delay ■payment of a debt due to any b£ bis creditoKf , Court may authorize 6. In addition to the Service by the proper officer of the Cojirt, summons" ^^^^^ *^® service of a summons by any person, whether interested or not in the suit, if specially auttiorized in writing by the County Court Judge in that behalf, shall be deemed a good service. Garnishee. Bepealed by No. 127. [Appeal on _ Law to Svpreme Court.'] 7. It shall be lawful for the Judge of any County Court, upon the ex parte application of the judgment creditor, and upon affidavit of himself or others, stating that judgment has been recovered and is still unsatisfied, and to what amount, and that any other person is indebted to the judgment debtpr, and is within the jurisdictiop, to order that all debts Owing op accruing frpna such third person to th.ejudgnient debtor shall be attached to answer the judgment debt; and sucli third person or garnishee may, by the same order, be re- quired to appear before the Judge of the Court to shpw cause why he should not pay the judgment creditor the amount due by hini to the judgment debtor, or so miiich thereof as may be sufficient tp satisfy the judgment, debt. [8. Jf either party, in a7\,y cause of the ei/fnoynt to whieh jurisdiction is givm fo fhe County Cqmt Judges wn4er tfiis Ordifianpe, shall he fy.S9tisJkd vifh ih ■' dfitet^i'mtip^ or d'^reet^Qti pf any ^yx,h Jpdgs in point of Lavi, vr upon th ff^miss^ qf rejection of any evidence, ^up^ party may appeal froi^ the sam, tp thp, (SViJJ'e/n.e Court of Civil Justice of Britfsk Gplwftilbia; and it shqUie la'u0 for any Judge of th,e Sy.prpine Court of Civil Justice of British Cahrribia tl> hear and determine all such appeals. Provided, always, that such Supreme Court shall be held in Vancouver Island to hear and determine Appeak in cases brotight in any County Court in the said Vancouver Island, It shall he lawfyl for the J-ud^e of the Ccninty Court, in the event qf an apfic^, to Tnajee such, order as to security for debt or costs as Jie may think ft.^ 328 [31 Vict.] County Court [No. 95.J 9. Any Judge of the Supreme Court of Civil Justice may, if he A.D. 1867. shall think fit, act as Judge of the County Court of, or any County j , TT" Court in, British Columbia, and shall have power to sit either with Oourt may act as or without the Judge of such Court or concurrently with him, and County Court Judge, ^spose of the business from time to time pending in any such County Court. 10. The County Court Judge may, upon being satisfied that only Questions of fact questions of fact are at issue, order a cause to be tried by a Jury in may be tried by jury, the first instance. 11. Any County Court Judge of British Columbia shall have and ^rft of capias may be possessed of the same powers as are now possessed and exercised J"^ issued on secun- . . , . ty being given, by any Judge of the Supreme Court of Civil Justice of British Co- lumbia, in respect of the issue of a writ of Capias ad respondendum, and such County Court Judge may, at his discretion, grant such "Writ under the Seal of his Court, and on application, at his discre- tion, discharge the same; and it shall be lawful for such Judge, whenever he shall think fit, to require security to be given by the Plaintiff, to the satisfaction of such Judge to pay to the Defendant the costs and damages consequent on arrest under such Order, should the Plaintiff have obtained such Order without reasonable and probable cause. 12. The duties of the Clerk of the Court shall be performed by cierk of Court, the County Court Judge himself, or by some one appointed by him. 13. The duties of the High Bailiff, other than the exceptional Hjgi, Bailiff. flSrvice of documents hereinbefore otherwise provided for, shall be performed by the High Sheriff of British Columbia, or by any Deputy Sheriff thereof. 14. The Judge or Judges of the Supreme Court of Civil Justice judge of Supreme of British Columbia shall from time to time frame, alter, revoke, or Court to make Rules of County Court, re-establish Rules and Orders for the procedure and practice of the said County Courts ; and also regulate the scale of fees to be taken • in such Courts; which Rules, Orders, and Regulations shall be of full force when confirmed by the Governor or Officer Administering the Government of Briti&h Columbia; and in the meantime, and until the making and confirmation of any such Rules, Orders, ai;id Regulations, the practice in such Courts, and the fees to be taken therein, shall in all things as nearly as may be conform to the jprractice, fees, and other matters as established in and regulating County Courts in England in A. D. 1858. 15. If any County Court having, or having exercised, jurisdiction Merger, over small debts now, or hereafter lawfully established, shall be merged in any other Court or in the County Court of any other Dis- trict or denomination in the Colony, it shall be lawful for the Court acquiring jurisdiction to entertain and determine all plaints and other proceedings whatsoever lawfully commenced in the Court 329 [ISTo. 96.] Tax Sale Repeal. [31 Viot:] A.I>. 1867. which shall be so merged, in the same manner in all respects as if such plaints or other proceedings had originally been commenced in the Court acquiring such new or extended or additional juris- diction. Fees paid into Trea- 16, All fees under this Ordinance, other than office copies and '"'^" Sheriff's fees, shall from time to time be paid into the Treasury, to the use of Her Majesty, Her heirs and successors. Short Title. 17. This Ordinance may be cited for all purposes as " The County- Court Ordinance, 1867." Amsnded by No. 151 No. 96. A.D. 1867. An Ordinance to provide for the settlement of all outstanding questions relating to the Sale of Land for Taxes in VancoU' ver Island. \yith December, 1867.] Preamble. VTITHEEEAS the Real Estate Tax Acts of the years 1860 and 1862 '* oi the lately separate Colony of Vancouver Island aud its Dependencies, have been repealed: And whereas in presumed compliance with the provisions of the said Eeal Estate Tax Acts certain sales of land for and in respect of the non-payment of taxes under the said Acts have been from time to time made, which said sales have not as yet been fully com- pleted; and whereas doubts have arisen as to the legality of these sales, and the conditions precedent to the offering of such lands for sale, which were and ought to have been done, performed, and fulfilled by the Sheriff' of the late Colony of Vancouver Island, in respect thereof; and whereas it is expedient that such lands should be redeemed in the interest of the persons originally owning the same, upon reasonable compensation being made to the supposed purchasers of the same or any portion thereof at such forced sales: Be it enacted by the Governor of British Columbia, with the advice and consent of the Le^slative Council thereof, as follows:— Land Tax Sales nnii ^- -^ ^^^ ^^1 manner of land sales heretofore made or con- andToia. tracted to be made for or in respect of the non-payment of taxes under the said Real Estate Tax Acts and each and every of them are hereby set aside and declared to be null and void. Purchase money, 2. The Treasurer of this Colony, or such other person as may be recoviribTe!' '''"' appointed in that behalf by the Governor, shall repay to all pur- chasers of land at such land sales as aforesaid, on application and • 330 [31 Vict.] Tax Sale Eepeal [¥o. 96.] on due proof of identity and the fact of purchase, their respective A.D. 1867. purchase money, together with interest on the same at the rate of twenty-four per centum per annum, from the time of the payment of such purchase money respectively, until repayment. 3. The sums repaid hy the Treasurer or such other person as Sums so paid a aforesaid, and all arrears of taxes for land under the provisions of ggt^te."'' * ** the Real Estate Tax Acts of the said Colony of Vancouver Island and its Dependencies, shall be charged on the Keal Estate in respect of which such sums were paid, or such taxes were and are due, and the Treasurer, or other person as aforesaid, is hereby author- ized and required to enter such sum as charges with the Registrar of Titles to Real Estate in Vancouver Island, by giving him notice thereof, which notice maybe in the Form 1, in the Schedule to this Ordinance annexed, and thereupon such charges shall be registered ^^^^s^ ^°^ to ^o in the same way as other charges affecting Real Estate. 4. The sums and taxes so due and so registered as charges as to form primary aforesaid, shall be primary charges on the Rea;l Estate in respect of '^'^^s^ o" ti»e which the same are due, and shall take precedence of all charges not due or chargeable in favour of the Crown, and such charges may be levied by way of distress or sued for by the Crown, and recovered from the owner for the time being of the land in respect of which such sums and taxes shall be charged, or the occupier of euch lands, as to the Crown shall seem fit. 5. It shall be lawful for the Governor at any time and from time Tax Usta to be pnb- to time hereafter, to cause a list to be made out of taxes and sums li^'i*'!- due and chargeable on Real Estate in respect of the said Real Estate Tax Acts or of this Ordinance, and cause the same to be published in the Government Gazette of the Colony, once a month in three successive months, and after the lapse of three months from the first publication thereof, the Governor may, unless the sum and taxes due in respect of lands shall be duly paid and satisfied, order the lands in respect of which such sums and taxes are due and pay- able as aforesaid, to be entered on by the Crown, and thereupon the same may be respectively entered on for and on behalf of the Crown, and such right of entry shall be thereupon registered with the said Registrar of Titles, by notice, which notice may be in the Eorm 2 in the said Schedule. 6. On due registration of such last mentioned notice, the Real Property to become Estate in respect of which such entry is made or deemed to be made demesne Lands of shall be held to have passed by operation of law into the possession ^°^^' of the Crown, as demesne lands of the Crown, and thereupon all other persons shall be deemed to be lawfully dispossessed of their title thereto, and the Crown may thereupon enter upon such lands and hold the same until all taxes and sums due shall be repaid out of the profits and proceeds thereof, and after full re-payment thereof 331 [No. 96.] Tax Sale Eepeat [31 VlCT.j; A.D. 1867. When Land can be sold. Method of convey- ance. Interpretation Clause. Short Title. may re-convey sncli Real Estate by re-conveyance, which may be in the Form 3 in the said Schedule. 7. In case the sum and taxes due in respect of any Eeal Estate shall not be fully paid and satisfied out of any profits or proceeds thereof, within two years from the date of notice of entry with the Eegistrar of Titles as aforesaid, the Governor may, after notice published in the Government Gazette of the Colony, once a mouth m six successive months,, and after the lapse of six months from tbe first publication thereot, cause such Real Estate to be oftered for sale by public auction, and the same shall be ^old, not by way of undivided shares, but the whole in one or more lots, 8. After such sale a conveyance shall be given, which may be in the Form 4 in the said Schedule, and the proceeds of such sale shall be held by the Crown for the owner thereof, subject to deduction in respect of taxes and sums due to the Crown. In such convey-' ance as last aforesaid the Crown shall be deemed to have gooititle to convey, and such Real Estate shall be held to be vested in the Crown for the purpose of such re-conveyance, and no purchaser shall be bound to see to the application of any purchase money iu respect of such sale, nor shall any such sale be liable to be set aside in favour of the real, owner, but such owner shall have recourse only to the proceeds of the purchase money by application to the Crown. 9. In the construction of this Ordinance, the words "the Crown" shall be held to mean Her Majesty the Queen, Her heirs and suc- cessors ; the word " Governor " shall be held to mean the Governor of this Colony for the time being, or other the Officer administeriDg the Government of this Colony for the time being; and whenever in this Ordinance in describing' or referring to any person or party, matter or thing, any word importing the masculine gender or singular number is used, the same shall be understood to include and shall be applicable to several persons and parties as well as one person or party, and females as well as males, and bodies corporate as well as individuals, and several matters and things as well aS one matter or thing, unless it otherwise be pro vided or there be something in the subject or context repugnant to such construction. 10. This Ordinance may be cited for all purposes as "The Tax Sale Repeal Ordinance,, 1867." 332 [31 Vict.] Tax Sale Mepeat, CNo. 96.] A.D. 1867. SCHEDULE. Form 1. Tax Sale Repeal Ordmmee, 1867. Description of Land. Owner, or supposed owner, and description. Amount due to the Crown by way of taxes, or sum paid, with dates and particulars. The above charges are required to be registered according to the particulars here given. Dated, the day of 18 . (Signed) , Treaswrer. FOBM 2. Tax ^ale Bepeal Ordinance, 1867. Description of Land. Owner, or supposed owner, and description. Amount due to the Crown by way of taxes, or sums paid with dates and particulars. Ifotice is hereby given, that the Crown claims right of entry into the lands above described, and such right of entry is hereby required to be registered. The day of 18 . By order. (Signed) — 833 [Ko. 96.] Tax Sale Bepeal [31 Vict.] A.D. 1867. Form 3. Tax Sale Repeal Ordinance, 1867. Tfiis Indenxtjee made the day of ,18 , Between Her Most Gracious Majesty the Queen of the one part and of the other part. Whereas entry by the Crown into the land and hereditaments h'ereipiaftei:^. described hath been heretofore made for the purpose of recovery of certain sums and taxes due under the " Eeal Estate Tax Act, 1862," and " The Tax Sale Eepeal Ordinance, 1867," which said sums and taxes are now fully paid and discharged. This Indenture witnesseth that Her said Most Gracious Majesty doth hereby grant and convey to heirs and assigns (or otherwise, according to the requirements of the case) All that (describe the land reconveyed) together with (add such general words as are applicable) and all the estate right and title of the Crown thereto, To have and to bold the said lands and hereditaments hereby granted and conveyed unto the said heirs and assigns (or otherwise, according to the requirements of the case) to the use of the said heirs and assigns ,(or otherwise, as before) free and discharged of and from all sums and taxes due under the Eeal Estate Tax Act and Tax Sale Eepeal Ordinance, above referred to. For the Crown, [l. s.] [insert signature, and description of Officer executing.^ Tax Sale Repeal Ordinance, 1867. This Indenture made the day of > 18 , Between Her, Most Gracious Majesty the Queen of the one part and of the other part. "Witnesseth that in pursuance of the powers and authorities conferred by "The Tax Sale Eepeal Ordinance, 1867," and in consideration of the sum of dollars heretofore paid by the said to and for the use of Her said Majesty the Queen, Her heirs and successors, as the consideration money for the purchase 'of the land and hereditaments hereinafter particularly described, Her said Most Gracious Majesty doth hereby grant and convey to heirs and assigns (or otherwise, according to the requirements of the case) All that (describe parcels) together with (add such general words as are applicable) and all the estate right title and title of the Crown thereto,' To have and to hold the said land and hereditaments hereby granted and conveyed unto the said heirs and assigns (or otherwise, as before) to the use of the said heirs and assigns (or otherwise, as before). For the Crown, [l- s.] \insert signature, and description of Officer executing.'] 334 [31 YicT.J Wdghts and Measures. [No. 97-] No. 97. An Ordinance to establish a Standard of Weights and A.D. 1868. Measures. \22nd AprU, 1868.] WHEREAS it is expedient to establish a Standard of "Weights Preamble, and Measures: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. "The Weights and Measures Ordinance, 1867," is hereby re- Repeals former pealed. Provided, however, that such repeal shall no! ajffect any Oi''ii°*"=*- rights acquired or liabilities incurred or existing before such repeal; but such rights, remedies, and punishments thereunder shall still, notwithstanding such repeal, be capable of enforcement and imposition as if this Ordinance had not been passed, but not further or otherwise. 2. Prom and after the passing hereof, the Imperial Standards of The imperial stan- Weights and Measures of Great Britain shall be the Standards of dards of weights and _^_^ o I measures in (jreat Weights and Measures of the said Colony; and no goods, com- Britain to be the modities, or other articles sold by Weight or Measure shall be so colony. sold except by such Standard of Weights or Measures, or some multiple or fractional part thereof. Provided, alwaiys, that nothing herein contained shall prevent the sale of any goods, commodities, or other articles in any vessel or bale, or by bulk when such vessel or bale or such bulk is not represented as containing any Standard Weight or Measure, or any multiple or fractional part thereof, or any local or foreign Measure, or any multiple or fractional part thereof. 3. All articles sold by weight shall be sold by avoirdupois Things sold by weight, except gold, silver, platina, diamonds or other precious ^^'^bt ^'""'^'■**''\ , , cXCSP'lODS to DC sold stones, which may be sold by troy weight; and drugs which, by avoirdupois when sold by retail, shall be sold by apothecaries weight. ^^'^ '■ 4. An authorized and uninjured copy of each of the said Im- ^^ authorized copy perial Standards for Weights and Measures shall at all times "f imperial Stan- thereafter be kept in the Colony, in the custody of the Colonial the custody of the Secretary for the time being, for reference whenever required, *^°i°°'*i Secretary. and shall be and be deemed to be the authorized Standards from which all Weights and Measures used in the Colojiy shall be derived. 5. It shall be lawful for the Colonial Secretary for the time being, coio^iai Secretar by writing under his hand, to sanction the making of copies of the to sanction the authorized Standards for Weights and Measures in British Colum- ^andard^ 'but be-°^ bia; provided, that before the same can be used the accuracy of {"'^ ^^™^ ^F^ "^^"^ , ani- *°®y "^ ^° ^^ tested 000 and stamped. [No. 97.] "Weights and Measures. [31 Vict.] A.D. 1868. every s\xch. copy shall be tested by the said Colonial Secretary, and — stamped with a stamp to be provided for that purpose, and to be kept by the said Colonial Secretary for the time being with the . authorized Standards for the Colony. Governor to appoint 6. It shall be lawful for the Governor from time to time and at and'MeasureT*'^'''^ ^^^ *™® hereafter to appoint such persons as he may think fit to be Inspectors of "Weights and Measures within the said Colony, for the whole or for any definite districts or portions of the said Colony, and to revoke any such appointments and make new appointments in lieu the;?eof. Duties of Inspector. 7. It shall be the duty of every such Inspector, at such times and places and is^ such manner as the Governor shall from time to time in that behalf direct, to, stamp all Weights and Measures brought to him for that purpose, and for every Weight and Measure so stamped such Inspector shall be entitled to receive the sum of twenty cents. Power of Inspector. 8. Every such Inspector as aforesaid may, at all reasonable times, enter into any shop, store, warehouse, or place within tifie district in which he has authoirity to act, where ^ny goods, com- modities, or other articles are bought, sold, or e?;changed, or exposed or kept for sale, or weighed for conveyance or carriage, an,d examine apd try all weights, measures, steelyards, balances, or other weighing machines with the copies of the standard weights and measures required to be provided, under this Qrdinancej and may also seize aU weights, measures, steelyards, balances, and other weighing machines so then and there found to be false and untrue, as things forfeited to the use of Her Majesty. Material of weights. ^- ~^^ weight made of lead or pewter, or of any mixture thereof, shall be stamped or used. Provided, always, that nothing herein contained shall prevent the use of lead or pewter, or of any mixture thereof, in tJie composition of weights if they be wholly and suh- stantially cai^ed with brass, copper, or iron, and legibly stamped or marked " cased," or shall prevent the insertion of such a plug of lead or pewter into the weights as shall be bona fide necessary for the purpose of adjusting them, and of affixing thereon the stamp for the same. Penalties for haying 10. Every person having in his possession, or in his shop, store, oVrefaSng t6 prol Warehouse, or place of business 'tor purposes of weighing or mean duce weights, &c., suring, or for sale, any false weights, measures, steelvards, balances, for inspection. ° . ,. ,. '.\, „ ,.' , .; . ■, , -\\.- or other weighing machines or weights of a kind prohibited by tM Ordinance,* or neglecting or refusing to produce before any. Inspec- tor of weights and measures for the purpose of examination or proof in the way of his duty, any weight, measure, steelyard, balances, or other weighing machines, or obstructing or hindering any Inspector of weights and measures in the discharge of his duty, shall forfeits sum not exceeding one hundred dollars. 836 [31 Vict.] Wdghts and Measures. \T^o. 97.] 11. Every person using any weights or tneafliit'es, steelyards, a.D. 1868. balances, or other weighing machines which shall aot have been p^j^^nj^T^T ^^j^^^ examinesV°s°°°rer?*' Victualling Stores, takes out, destroys, or obliterates wholly or in felony. part any such mark as aforesaid, he shall be guilty of felony, and shall be liable, in the discretion of the Court, to be kept in penal servitude for any term not exceeding four years, or to be imprisoned for ainy term not exceeding two years, with or without hard labour. 4. Ifany person, without lawful authority (proof of which authority Knowingly receiv- shall lie on the party accused) receives, possesses, keeps, sells, or *°s. *=•> marked delivers any Naval or Victualling Stores bearing any such mark as or. aforesaid, knowing them to bear such mark, he shall be guilty of a misdemeanor, and shall be liable to be imprisoAed for any term not exceeding- one year, with or without hard labour. 6. "Where the person charged with such misdemeanor as last Kno-^^iedee of stores aforesaid was, at the time at which the offence is charged to have being marked, pre- been committed, a dealer in marine stores, or a dealer in old metals, err&c.^^^™° ' ** ' or in Her Majesty's Service, knowledge on his part that the stores to which the charge relates bore such mark as aforesaid, shall be presumed, .until the contrary is shewn. 6. Any person charged with such a misdemeanor as last afore- offenders may be said, in relation to stores the value of which does not exceed one summarily convicted hundred dollars, shall be liable on summary conviction before a Justice of the Peace, to a penalty not exceeding two hundred dollars, or, in the discretion of the Justice, to be imprisoned for any term not exceeding six calendar months, with or without hard labour. 7. After any dealer in marine stores, or a dealer in old metals, Dealer convicted un~ shall be convicted of any offence, felony, or misdemeanor under ^^'^ *^i3 Ordinance this Ordinance, it shall be lawful for the Justice or Court so con- spection of Police. ' victing to make and enforce such order and direction for the registration and keeping such offender under the supervision and inspection of the Police for such period, and for the keeping and maintenance by him of such fairly written and kept books of account of such offender, at such place or places, and iu such forms, with such and so many returns of transactions, at such times, and under such regulations, and when and so often as to the Justice or Court so convicting shall seem meet. 8. For any act or default contrary to any order, direction, or pg^^u regulation made under the 7th Section of this Ordinance, done or by^deafer under su! made by any dealer in old metals, or any dealer in marine stores, P^'^i=^°^ of Police, during the period in which any such order or regulation of the Justice or Court so convicting as aforesaid shall be in force, he shall incur a penalty of not less than five dollars, and not exceeding fifty 339 pfo. 98.] Naval and Vktmllmg Stores. [31 Vict.] A.D. 1868. dollars, and for every subsequent offence a penalty of not less than fifty dollars, and not exceeding one hundred dollars. Persons not dealers 9. In order to prevent a failure of justice, in some cases, by LTd1rpossess*n' ''eason of the difficulty of proving knowledge of the fact that stores of Naval or .Victual- 'bore' such a mark as aforesaid, if any Naval or Victualling Stores ling Stores, and not , . , , e 3 ■ ^^ • j- satisfactorily ac- bearing any such mark are found in the possession of any person conntmg for the jjq^ being a dealer in marine stores, or a dealer in old metals, and same, liable to ^5 ' , ' " penalty. not being in Her Majesty's Service, and such person when taken or summoned before a Justice of the Peace does not satisfy the Justice that he came by the stores so found lawfully, he shall be liable, on conviction by the Justice, to a penalty not exceeding one hundred dollars; and if any person satisfies the Justice that he came by the stores so found lawfully, the Justice, at his discretion, as the evidence "given and the circumstances of the case require, may summon before him every person through whose hands such stores appear to have passed; and if any such person as last afore- said, who has had possession thereof, does not satisfy the Justice that he came by the same lawfully, he shall be liable, on conviction by the Justice, to a penalty not exceeding one hundred dollars. Criminal possession 10. For the purposes of this Ordinance, stores shall be deemed exp aine . ^^ ^^ ^^ ^^iq possession Or keeping of any person if he knowingly has them in the actual possession or keeping of any other person, or in any house, building, lodging, apartment, field, or place, open or enclosed, whether occupied by himself or not, and whether the same are so had for his own use or benefit, or for the use or benefit of another. No unauthorized 11. It shall not be lawful for any person, without permission in swelp7 &c.r fo?' '^itiog fro™ the Admiralty, or the Senior Officer for the time being stores, within 100 in command of any fixed or temporary Naval Station or place, or yards of Dockyards, t ■ ^^ ■ r^ ^ i,. ., ^ „ 4ic. any vessel in this Colony, belonging to or m the service ,of Her Majesty, or from some person authorized by the Admiralty in that behalf, to creep, sweep, dredge, or otherwise search for stores in th.e sea or any tidal water, within one hundred yards from, any vessel belonging to Her Majesty, or in Her Majesty's Service, or from any mooring place or anchoring place appropriated to such vessels, or from any moorings belonging to Her Majesty, or fi'om any of Her Majesty's wharves, or dock, victualling, or steam factory yards, or hospitals. If any person acts in contravention of this provision he shall be liable, on summary conviction before a Justice of the Peace, to a penalty not exceeding one hundred dollars, or to be imprisoned for any term not exceeding three calendar months,, with or without hard labour. Certain sections of 12. The following sections of the Imperial Act of the Session 96,*incoTJ°or'ated' ^^ *^^ ^^° ^^"^ ^5° years of Her Majesty Queen Victoria, chapter 96, with this Ordinance. " To consolidate and amend the Statute Law of England and Ire- 340 \B1 Vict.] Naval and Victmlling Stores. pfo. 98.] land, relating to larceny and other similar offences," shall, save so A.D. 1868. far as hereinbefore altered, be incorporated with this Ordinance, and shall for the purposes of this Ordinance (save as so altered and so far as they are not from local circumstances inapplicable to this Colony) be read as if they were here re-enacted, namely: — Sections 98, 99, 100, 103, 104, 105, 107, 108, 109, 115 to 118 in- clusive, and 120; and for this purpose the expression "this Act" when used , in the said incorporated sections shall be taken to include the present Ordinance. 13. !No summary conviction under this Ordinance shall be No summary convic- quashed for want of form, and no warrant of commitment shall be for want of fonn^i^c! held void by reason of any defect therein, provided it be therein alleged that the party has been convicted and there be a good and valid conviction to sustain the same. 14. It shall not be competent for any person other than the None but the Admi- Admiralty, or the Admiral, or other the Senior Officer for the time '^"■"^ *° prosecute, being in British Columbia of Her Majesty's l^aval Station, which includes within its limits the waters of the said Colony, and they are hereby respectfully authorized to institute or carry on under this Ordinance any prosecution or proceeding for any offence. 15. Notwithstanding anything in any Act or Ordinance, Impenal Penalties to be ap- or otherwise, any pecuniary penalty or other money recovered ?J^^^*°. ^^^ ^^^ °^ under this Ordinance shall be paid or applied to the use of Her Majesty, Her heirs and successors. 16. IS'othing in this Ordinance shall prevent any person from Not to prevent per- being indicted under this Ordinance, or otherwise, for any indictable ^""^ ''**°? indicted offence made punishable on summary conviction by this Ordinance, nance. or prevent any person from being liable under any other Ordinance or Act, or otherwise, to any other or higher penalty or punishment than is provided for any offence by this Ordinance, so that no person be punished twice for the same offence. 17. "Whenever in this Ordinance in describing or referring to j^te retati any person or party, matter or thing, any word importing the mascu- Clause, line gender or singular number is used, the same shall be understood to include and shall be applicable to several persons and parties as well as one person or party, and females as well as males, and several matters and things as well as one matter or thing, unless it otherwise be provided or there be something in the subject or context repugnant to such construction. 18. This Ordinance may be cited for all purposes as the " Naval gj, ^ t" l and Victualling Stores Ordinance, 1868." 341 [No. 99.] Cmrts Declaratory. [31 Vict.] A.D. 1868. SCHEDULE. Marks appropriated fvr Her Majesty's use in or on Naval and Victualling Stores. Stores. Hempen Cordage and Wire Eope ... Canvas Fearnought Hammocks and Seaman's Bags Buntin Candles Timber, Metal, and other Stores not before enumerated Marks. White, Black, or Colored Worsted Threads laid up with the Yarns and the Wire respectiTely. A Blue Line in a Serpentine Form. A Double Tape in the Warp. Blue or Red Cotton Threads in each Wick, or Wicks of Red Cotton. . The Broad Arrow. A.D. 1868. F«rfe\os.U2&135. Preamble. No. 99. An Ordinance respecting the Supreme Courts of Justice of British Columbia. [1st May, 1868.] WHEEEAS before and at the time of the passing of "The British Columbia Act, 1866," there were within the limits of the present Colony of British Cblumbia two Supreme Courts of Justice, having jurisdiction respectively the one over the then Colony of Vancouver Island, and the other over the then Colony of British Columbia: And whereas certain doubts have arisen as to the respective powers and jurisdiction of the said two Courts, and of the Judges thereof, since the passing of the said Act and the Union of the said two Colonies thereunder: And whereas it is desirable that such doubts should be removed, and further, that, the Law relating to the Sherift of British Columbia should be regulated as hereinafter is mentioned: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:— 342 [31 Vict.] Cmrts Declaratory. [K"o. 99.] 1. All the jurisdiction, powers, and authorities which, before the A.D. 1868. passing of "The British Columbia Act, 1866," were by Law vested I^-nris- in and had and exerciseable by the Supreme Court of Civil Justice diction of the of the Colony of Vancouver Island, and in.andby the Chief Justice vancouverisUnl thereof, both in civil and criminal matters and proceedings, shall be deemed and taken to have continued so vested in, and to have been had and exerciseable by, the said Court and the said Chief Justice thereof, as if the said Act had not been passed. 2. AH the jurisdiction, powers, and authorities which before Powers of Sheriff, the passing of " The British Columbia Act, 1866," were by Law vested in and had and exerciseable by the Sheriff of Vancouver ' Island for the time being, in all matters, process, and proceedings, civil as well as criminal, and before all Courts in the said Island, under or by.virtue of the Order in Council of the 4th day of April, A. D. 1856, shall be deemed and taken to have been and to continue during the pleasure of the Governor vested in the High Sheriff for the time, being of British Columbia, as and from the 19th day of November, A. D. 1866. 3. The provisions of the "Sheriffs' Ordinance, 1867," shall be Applies Sheriffs deemed and taken to extend and apply, and to have extended and °'^'^'''*°<'«> i867." applied, to that part of British Columbia heretofore known as the Colony of Vancouver Island and its Dependencies, as and from the passing of such Ordinance. 4. Whenever in any of the Ordinances made and passed in the interpretation last Session of the Legislature of this Colony the words "The ci^"3«- Supreme Court," "The Supreme Court of Civil Justice," "The Supreme Court of Civil Justice of British Columbia,'* or other superior "Courts" shall occur, the same shall henceforward, and unless repugnant to the plain sense of the context be and be deemed to have been, from the date of the passing of such Ordinances respectively, for the Mainland "The Supreme Court of Civil Justice ot British Columbia;" for Vancouver Island and its Dependencies "The Supreme Court of Civil Justice of the Colony of Vancouver Island." 5. This Ordinance may be cited for all purposes as "The Courts short Title. Declaratory Ordinance, 1868." 843 [No. 100.] Limitation of Actions. 131 ViCTj A.D. 1868. Preamble. certain cases. No. 100. An Ordinance to assimilate the Law affecting the limitation of certain causes of Actions and Suits. \lst May, 1868,] TyHEREAS it is expedient to assimilate the Law affecting the limitation of causes of certain Suits arising abroad, in certain cases: Be it enacted hy the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows: Eepeaiofv.i. 1, « the Limitation of Foreign Actions Act» 1860/' and "The ActMseoandTsei. Exteuaion of Limitation of Foreign Actions Act, 1861," of the formerly separate Colony of Vancouver Island are hereby repealed. Provided that the repeal hereiabefore mentioned shall not affect or prejudice any rights or privileges acquired under the Acta hereby repealed, or either of them, but the same shall be respect- ively held and construed as if such repeal had not taken place. Foreign Statutes of % In case any suit Or action shall be instituted in this Colony liimitations to be a . "' , . . . sufficient defence in agaiust any person here resident, in respect of a cause of action or suit which has arisen between such person and some other person in a Foreign Country, wherein the person so sued shall have been resident at the time when such cause of action or snit shall have first arisen, such suit or action shall not, be maintained in any Court of Civil Jurisdiction in this Colony, if the remedy therecu in such Foreign Country is barred by any statute or enactment forthe limitatio-n of actions existing in such Foreign Country^ 3. Any defendant may obtain the benefit of the foregoing enactment by a plea in the form following : — " And for a (1st, 2nd,,) plea to the whole, or any particular count of the declaration or suit, the defendant , says that the cause of action, or suit, is barred by the Law of (name of the Country,) in which Country the said cause of action or suit first arose." Provided he shall give evidence of the expiration of the period of limitation prescribed by the Foreign Law pleaded. 4. Any printed copy, purporting to be an authorized copy of any such statute or enactment, shall be prima facie evidence of the statute or enactment of which it purports to be an authorized copy. 5. This Ordinance maybe cited for all purposes as "The Lim- itation of Actions Ordinance, 1868." Form of plea. Printed copy to be prima facie eTi- dence. Short Title. 344 [31 Vict.] Mre Inquiry. [No. 101.] No. 101, An Ordinance respecting the investigation of acpidents by Fire. A.D. 1868. list May, 1868.] T17HEREAS several fires have lately oceurred in the Colony of Preamble. British Columbia, the origins of which remain undiscovered; And whereas it is expedieut to appoint Officers to investigate the causes of accidents by fixe occurring in the said Colony of British Columbia : Be it enacted by the Goyer»or of British Columbia, with the advice aiid coijsept of the Ijegislatiye Council tker^of, as follows :— 1. From and after the date of the passing hereof, the Stipendiary Empowers Magis- Magistrate, whether acting as Coroner or not, or in his absence any Jf^'ea to enquire Justice of the Peace within whose jurisdiction any fire has occurred, whereby any house or other building in such jurisdiction has been wholly or in part consumed, shall institute an enquiry into the cause or origin of such fire, and whether it was kindled by design or was the result of negligence or accident, and fict according tp the result of such enquiry. 2. For the purpose ■aforesaid, such Stipendiary Magistrate or Power to summon Justice of the Peace shall summon and bring before him all persons ^''"^^^es. whom he deems capable of giving information or evidence touch- ing or concerning such fire, and shall examine such persons on oath, and shall reduce their examinations to writing, and return the same to the Colonial Secretary for the time being of the said Colony. 3. It shall not be the duty of such Stipendiary Magistrate or No formal inquest to Justice of the Peace to institute an enquiry into the cause or oiigin reasonabiYsuspi- of any fire or fires by which any house or other building has been cion. wholly or partially consumed; nor shall such enquiry be had, until such Stipendiary Magistrate or Justice of the Peace shall have a resonable suspicion that such fire was the result of culpable or negligent conduct or design, or ocurred under such circumstances as in the interests of justice and for the due protection of property, require an investigation. 4. The said Stipendiary Magistrate or Justice of the Peace may, q^ ^^ „;gtion ■ in his discretion, or in conformity with the written requisition of any to be empanneiied. Agent of an Insurance Company, or of any three householders in the vicinity of any such fire, empannel a jury of not less than three nor more than twelve persons chosen from among the householdeis resident in the vicinity of the fire, to hear the evidence that may be adduced touching or concerning the same, and to render a verdict under oath thereuppn, in accordance with the fact. [No. lOl-T IKre Inquiry. [31 Vict.] A.D. 1868. S- If ^"y person having been duly summoned as a juror or witness to give evidence upon any such enquiry, does not after vfngonjurie3°*how' l^^^"? openly Called three times, appear and serve as such juror, or levied. appear and give evidence at such enquiry, the said Magistrate or Justice of the Peace shall be empowered to impose upon the person so making default such fine as he thinks fit, not exceeding ten dollars; and such Magistrate or Justice of the Peace shall make out and sign a certificate containing the name, residence, trade or calling of such person, together with the amount of the fine impo- sed, and the cause of such fine, and shall cause a copy, of such certificate to be served on the person so fined, personally, or by leaving it at his residence, within seven days after holding such enquiry; and if the same is not paid within the space of seven days after such certificate has been served as aforesaid, a warrant of distress shall be issued by the said Magistrate or Justice of the Peace, directed to the Sheri;ff, to be levied on the goods and chattels of such offender; and in default of such distress, or if such distress shall prove insufficient, such Magistrate or Justice of the Peace may commit the, offender to prison, for any term not exceeding twenty-one days. These provisions not 6. Nothing herein contained shall affect any power by Law to limit Coroner's vested in any Coroner, or person acting as such, for compelling any person to attend and act as a juror, or to appear and give evidence before him on any inquest or other proceeding, or for punishing any person for contempt of Court in not so attending and acting,. or appearing and giving evidence, or otherwise, but all such powers shall extend to and be exercised in respect of enquiries under this Ordinance. Interpretation. '^- Whenever in this Ordinance in describing or referring to any person or party, matter or thing, any word importing the masculine gender or singular number is used, the same shall be understood to include and shall be applicable to several persons and parties as well as one person or party, and females as well as males, and bodies corporate as well as individuals, and several matters and things as well as one matter or thing, unless it otherwise be pro- vided or there be something in the subject or context repugnant to such construction. Pines kc. declared ^" "^^^ "^"^^ ^°^ penalties imposed under the provisions of this public revenue. Ordinance, shall be payable to Her Majesty the Queen, Her heirs and successors, for the public uses of the said Colony. Short Title. 9- This Ordinance may be cited for all purposes as the "Fire Inquiry Ordinance, 1868." 846 [81 Vict.] Legal Professions. — Intestate Estate. [Nos. 102 & 103.] No. 102. An Ordinance respecting Barristers and Attorneys-at-Law. A.D. 1868. [1st May, 1868.] ■fTTHEREAS it is expedient that Barristers may practise as Preamble. n Attorneys and Solicitors, and Attorneys and Solicitors as Barristers, in the Courts of British Columbia: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. That from and after the passing of this Ordinance, "The Extends "The Legal Legal Practitioners' Ordinance, 1867," shall extend and apply, and Practitioners'^ Ordi- the same is hereby extended and applied to the former Colony of former Colony of Vancouver Island and its Dependencies, and to all the Courts of ^*°<'°°'^" ^^^*°^" civil and criminal jurisdiction thereof. > 2. This Ordinance may be cited for all purposes as " The Legal gjjpjt ^jy,^ Professions Ordinance, 1868." No. 103. An Ordinance authorizing the Sale of the Eeal Estate of In- ^.d, iges. testates, and for other purposes. — list May, 1868.] TTTTHEREAS it is expedient to assimilate the Law authorizing the „ ^ , . Sale of the Eeal Estate of Intestates in all parts of the Colony of British Columbia where the heir is absent or unknown: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof as follows : — 1. "The Intestate Estate Sale Ordinance,. 1867," is hereby jj^^^jg g^j^^. a^_ repealed, save as to all rights acquired and acts lawfully done dinance, with provi- thereunder. 2, Erom and after the date of the passing hereof, it shall be Power vested in lawful for any Judge of the Supreme Court upon cause first shewn ^^^s^ of Supreme ,„,..•' * ^ ^. ^, ..^. ., ^ Court to order dis- betore mm in a summary way, on motion or by petition, that a position of Intestate sale or some other disposition would be proper or advantageous to Estates. the Eeal Estate in this Colony of any person dying intestate (and such application may be made by any person or persons claiming either as heir, or next of kin, or personal representative, or creditor of the said deceased intestate) by any order or writing under the 347 pTo. 103.3 Intestate Estate. [31 Tici.] A.D. 1868. hand of such Judge, to authorize any Eegistrar or Deputy Registrar of the said Court, or the personal representative of the said deceased, to take possession of, hold, lease, sell, or otherwise dis- pose of the Real Estate in this Oolony, belonging to the heirs of any such deceased intestate. Proceeds of Real 3. Such Registrar or representative shall hold and account for Estate how disposed g^^j^ -^^qI Bstatq and the produce thereof, or the net proceeds of the sale or disposition, thereof, or any part thereof, after deducting or making a fair charge for the trouble and expense of such appli- cation, management, or sale, to be fixed by the Court, or where a Bale has taken place, shall pay the proceeds of such sale, after such deduction, into Court, under the "Trustees' Relief Ordinance, 1868," in trust for and to transfer the same under the orders of the said Court to the heiris of such intestate, when and so soon as such heirs Shall have been ascertained to the satisfaction of the said Courti . Provides for paying 4. All nldtleJfSpkid into Coui-t trndet tWs Ordinance, and und^r moneys into Court. ^^^ „ Trustees' Relief Ordinance, 1868," shall be paid in as a deposit to the Treasury of the Colony as the said Court shall from time to time appoint, in the name or to the account ot the person acting as Accountant General for the time being of the said Court, to a separate account, to be intituled "The Account of (naming the person) deceased, intestate," or as the case may be. Technically defec- 6. On any application under this Ordinance, or for adriiinistriation be re^ceH-eTLTa^ses generally, in cases under the estimated value of five hundred dollars under $500. it shall be lawful for the Court to receive and make order on such evidence of any fact alleged, as shall be in the opinion of the Judge the best procurable without a disproportionate expense or de}ay, although the same may be technically defective in natare[or degree when judged by the strict standard required by the known rales of law or equity. Moneys paid in ^- -^^^ moneys SO paid in as aforesaid shall be subject to the order liable to order of of the Said Court, whicli shall be sufficient authority for the Treasurer, who is hereby required thereon to pay out the same or otherwise act in accordance with such order; and on payment of any such money the Treasurer may require the receipt of the Heg- istrar or i)eputy Registrar of the said Court under th* seal thereof. Interpretation. 7. In the construction of this Ordinance the expression "The Supreme Court" shall on the Mainland and Queen Charlotte's Island mean the Supreme Court of Civil Justice of British Colum- bia; and on Vancouver Island the Silpteme Court of Civil Justice of Vancouver Island. Short Title. 8, This Ordinatice may be cited as "The Intestate Estate Ordinance, 1868." ------ 1 ' - ■ ■ - ■ ■ ^4S [31 Vict.] Tmsiees' Rtlief. [No. 104:] No. 104. An Ordinance in aid of the Trustees* Relief Act. A.D. 1868. list May, 1868.] TT/HEREAS an Act of the Imperial Parliament was passed in the Preamble. Session of Parliament holden in the 10th and 11th years of the Reign of Her present Majesty Queen Victoria, chapter 96, inti- tuled "An Act for better securing Trust Funds and for the relief of Trustees : And whereas it is expedient more fully to enact and apply the same in all parts of the Colony of British Columbia : Be it enacted by the Governor of British -Columbia, with the advice and consent of the Legislative Council thereof, as follows: — 1. "The Trustees' Relief Ordinance, 1866," is hereby repealed, Repeal of" Trustees save as to all rights acquired and acts lawfully done thereunder. igVs!" ' 2. The said first above recited Act of the 10th and 11th years of Trustees' Relief Act the Reign of Her Majesty Queen Victoria, chapter 96, hereinafter '° ''?7^ *'°''<=* ^^°'^ called the said Trustees' Relief Act, shall be and have the force of "' law, and shall be deemed to have been so in force within the former Colony of British Columbia since the 19tb day of Ifovember, A.D. 1858, and in the whole Colony of British Columbia since the com- ing into operation of " The English Law Ordinance, 1867." 3. The Judge or Judges of the Supreme Court of Civil Justice Confirms the juris- of British Columbia on the Mainland shall, as and from the 19th ^'ction of the Su- ' preme Court under day of Ifovember, 1858, and the Judge or Judges of the Supreme the Statute. Court of Civil Justice in Vancouver Island shall, as and from the coming into operation of the said "English Law Ordinance, 1867," be deemed to have had and to have been competent to exercise within their respective jurisdictions, all the jurisdiction and powers conferred by the said Trustees' Relief Act upon the High Court of Chancery, the Lord Chancellor, and the Master of the Rolls in England respectively. 4. All payments and transfers heretofore made by order of any co„5.i.jng- euoh Supreme Court, (Jr purporting or intended to have been so ™ents and transfers. made to or through any person, Company, or Bank, under the said Trustees' Relief Act, or by virtue of any local Law or Proclamation of either the formerly separate Colony of British Columbia before the Union, or of the United Colony of British Columbia since the coming into operation of " The English Law Ordinance, 1867," in relation to such Act, shall be deemed to have been lawfully made within the said Trustees' Relief Act. 34^ [1^0.105.] Shipping Amendment. [31 Vict.] A.D. 1868. 5. All payments and transfers which hy the said Trustees' Relief Act ought in cases within the jurisdiction of the High Court of pI^me'ntB 'Z^'trZ- Chancery in England to be made at the Bank of England, may in ftrs. cases within the jurisdiction of any or either of such Supreme Court or Courts of the United Colony of British Columbia be made or deposited in the name or to the account of the person acting as Accountant General for the time being of such Court, at the Trea- sury of the Colony. Treasurer's receipt ' 6. The receipt of the Treasurer of the said Colony, or any person a g9o ISC arge. ggj.j„g J^g ^^q]^ Treasurer for the time being, shall be and be deemed to be in all cases within the jurisdiction of any or either of such Supreme Court or Courts, as full and complete a discharge for the money therein specified to be received as the receipt of a Cashier of the Bank of England in cases within the jurisdiction of the High Court of Chancery in England. Invests Judge of 7. All duties which in England may be performed by the Ac- powers of Account- countant General, may in this Colony be performed by the Judge ant General. gf ^jje Supreme Court in this Colony, within or in relation to whose jurisdiction such duties may be performed, but no fees shall be ■ taken in respect thereof. Short Title. 8. This Ordinance may be cited for all purposes as " The Trus- tees* Relief Ordinance, 1868." No. 105. A.D. 1868. An Ordinance to amend " The Shipping Ordinance, 1867." ■ [\st Maff, 1868.] Preaiabie. "IITHEREAS it is expedient to amend "The Sbippiag Ordi- VV nance, 1867 :" Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:— "ThfswSgOrf ^- ^^^"^® ^ °^ "^^® Shipping Ordinance, 1867," is hereby dinance, 1867." repealed. Short Title. 2. This Ordinance may be cited for all purposes a& "The Shipping Amendment Ordinance, 1868." 350 [31 Vict.] Thompsm Bridge. [No. 106.] No. 106. An Ordinance to extend "The Thompson Bridge Toll Act/ A.D. 1868. 1864." — list Mdy, 1868.J WHEREAS in consequence of delays and unforeseen difficulties Preamble, in the construction of "Spence's Bridge" over the Thompson River, arising trom natural causes over which the Contractor had no control, it is expedient to extend "The Thompson Bridge Toll Act, 1864," in manner hereinafter appearing: Be it enacted by the Governor of British Goluihbia, with the a4vice and consent of the Legislative Council thereof, as follows: — 1. "The Thompson Bridge Toll Act, 1864," together with the Extends privileges provisions, penalties, and remedies thereof, is hereby extended, and IhTmpson Bridge all and singular the powers, rights, tolls, and privileges by the said Toll Act, 1864." Ordinance accorded to Thomas Spence therein mentioned, his ' executors, administrators, and assigns, shall he and are hereby extended and continued to him and them for and during the further period of two and a half years beyond the term prescribed for his and their enjoyment of"such powers and privileges conferrred on him and them, under the said "Thompson Bridge Toll Act, 1864." Nevertheless, with and subject to all and singular the covenants^ conditions, and stipulations in the said Ordinance respectively mentioned or referred to, mutatis mutandis, as if the said term so extended had been originally inserted in the said Ordinance. 2. Provided that the powers and privileges hereby accorded are _ ... granted upon the further condition that the said Thomas Spence, extension. his executors, administrators, and assigns, shall at all times during the continuance undetermined of the said powers and privileges conferred on him and them, under or by virtue of " The Thompson Bridge Toll Act, 1864," and of this Ordinance, and either of them, maintain and keep the said Bridge and its approaches in good and proper repair and working order, to the satisfaction of the Chief Commissioner of Lands and Works and Surveyor General, or his agent. 3. Provided, also, that it shall be lawful Tor the Governor or prgyideg for other Officer administering the Government of British Columbia, redemption, at any time hereafter, to redeem all and singular the aforesaid , powers and privileges at any time during the continuance of the said extended term of two and a half years hereby accorded, upon payment to the said Thomas Spence, his execntors, administrators, or assigns, of such reasonable compensation therefor as shall be named in that behalf by any Arbitrator to be agreed upon between 351 [No. 107.] Savings Banks. [32 Vict.] A,D. 1868. ^^^ said Chief Commissioner and the said Thomas Spence, his exe- cutors, administrators, or assigns, Avithin one calendar month after any notice to him or them in writing from the said Chief Commis- sioner in that behalf; or in default of such agreement by any Arbitrator to be appointed in that behalf by the Supreme Cpurt of Civil Justice of Biitish Columbia, upon the summary application of either party ; the decision of every' such Arbitrator to be final. 4. Provided, that on forfeiture pr other determination of the privileges by such Ordinance conferred on the said Thomas Spence, his executors, administrators, and assigns, the said Bridge and all improvements thei^o shall revert to ihe use of Jler Majesty, Her heirs and successors absolutely, and the moneys arising from the said Bridge and Tolls, less the cost of collection, shall be deemed and accounted for as part of the public revenue; and the powers, remedies, and privileges herein contained shall thereupon be exer- cised by and on behalf of Her Majesty, Her heirs' and successors. Short Title. 6. This Ordinance may be cited for all purposes as "The Thompson Bridge Ordinance, 1868." Bridge to revert tp Her Majesty on for- feiture, &c. A.D. 1869. Preamble. Governor to appoint Commissioners of Savings Banks. Commissioners to be a body corporate, No. 107. An Ordinance to establish Banks for Savings -within the Colony of British Columbia. [22nd Mbrmrv/, 1869.] TXTHEEEAS it is expedient to establish Banks for the safe custody and increase of small savings belonging to the industrious classes in the said Colony, under the guarantee of the public credit of the Colony: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof as follows: — 1. It shall be lawful for the Governor to appoint not more tlian five, and not leas than three, persons to be Commissioners of Savings Banks in the said Colony, fur the purposes and to carry out the provisions of this Ordinance; andthe names of such persons shall be published in the Government Gazette. 2. The said persons, when so appointed, land their successors to be appointed from time to time by the Governor aforesaid, shall be and are hereby constituted a body corporate, by the name of " The Commissioners of Savings Banks in the Colony of British Colum- bia," and by that name shall have perpetual succession, and be able and capable to sue and be sued in all Oattrte of Law axid Equity; 352 [82 ViOT.] Savings Banks, [ifo. 107.]' and for the uses thereof, to accept, purctldse', and Hold real estate, A.D. 1869. and sell, lease, and dispose of the same; and, also, to acquire and possess for the same uses, all gifts, goods and chattels, artd personal property whatsoever; and shall have a common seal. And it shall with a common seal. he lawful for the Governor to remove any Member of the said Power to the GoTer- Oorporation, and as often as any vacancy shall arise by reasom of m'is8ioners°an/'fiu' such removal, or by resignation, or death of any Member, to appoint vacaneies. some fit and proper person as successor to the person so removed, resigning, or dying. 3. The names and description of every person appointed to fill Names of persons ap- any vacany as aforesaid, shall be published in the Government lo'lTv^-bmhei'tu Q-azette, and immediately thereupon the person so appointed shall Government Ga- have vested in him and be invested with all the estate, right, title, power and authority, and perform all the duties of the person in whose place he shall have been so appointed. 4. The Commissioners aforesaid shall appoint one or more ^ppgint^pnt^fOjg, Clerks, Cashiers, and oth«r Officers if neeessarv, for the purpose of *>?" by Commis- " X JT sioners. carrying out this Ordinance; and such Clerks, Cashiers, and other Officers shall give such good and sufficient security for the just and faithful execution of ^ueh office as shall be approved by the said Commissioners. 6. The said Commissioners may from time to time make rules commissioners may and regulations for the conduct of the business of and generally make Rules and with reference to the management of the said Savings Banks, and such rules and regulations shall, when approved by the Governor and published in the Government Gazette, have the force and effect of Law as if they formed part of this Ordinance. 6. The principal Bank shall be established in Victoria; but the Principal Bank to be Commissioners shall have power to establish branches throughout i° Victoria, with the Colony, with the approval of the Governor, and on notice sioners to establish thereof in the Government Gazette. branches. 7. 1^0 Commissioner shall be personally liable, except for his commissioner not own acts and deeds, or for anything: done by him by virtue of his P^''^°°''}'y ^'?;^'^ ' J . o J J except for wilful office in the execution of this Ordinance, except in cases when he neglect, shall be guilty of wilful neglect or default. 8. An account shall be made up and published in the Govern- Accounts to be made ment Gazette on or before the thirty-first day of January in each up and published is ^ Government Ga- year, of the assets and liabilities of every Savings Bank, made up zette in each year, to the thirty-first day of December preceding, signed by the Com- ^uor^'General!'^ ^"' missioners, and audited by the Auditor General of the Colony, with a certificate attached thereto, signed by the Officer acting as Treasurer of the Colony, showing the balance in the hands of the Q'overnment; and all interest which shall become due and payable to each Depositor on any sum of money deposited in a Savings Bank, shall be calculated and computed by the proper Officer, once S53 [No. 107.] Savings Banks. [33 Vict.] A.D. 1869. ^^ ^^°^ year, up to the tMrty-first day of December, and Bball be — carried to the credit of the account of such Depositor, and an entry thereof shall be made iti the "Depositor's Book," as soon as may be convenient after the date of the annual balance, and the same shall become principal, and shall thenceforth carry interest, in all respects as other principal money deposited in such Savjngjs Bank, as from the thirty-first day of December. Provided, always, that no interest shall be computed on the fractional part of one dollar; and, provided also, that no fractional part of any month shall be taken into account. Minors miiy make 9. In case the Commissioners shall have received any deposit of deposits. money from or for the benefit of any person under the age of twenty-one years, it shall be lawful for them to pay such person his or their share and interest with funds of the Bank. CommisBionerg may 10. It shall be lawful for the Commissioners to pay any sum of md*^oman'*or'*to ^^^^7 to a married woman, in respect of any deposit made by her her husband. without notice of her marriage, unless the husband of such woman shall give to said Commissioners notice in writing of such marriage, and shall require payment to be made to him, in which event, it shall be lawful for such Commissioners, in their discretion, to pay all or such portion of such money so deposited by such woman, less by the repayment, if any, heretofore made thereupon, together with any interest due in respect of the same, to such husband, or to such, woman, as to them, the said Commissioners, shall seem proper. Charitable or friend- H. It shall be lawful for all charitable or friendly societies, d^oTiUa^Sarin^gs legally established, or hereafter to be established, by their Treasu- ^^'^^^ rer, or other proper Officer in thatbehalf appointed, to pay into any Savings Bank all or any portion of the funds of such Society, and as an ordinary Depositor to receive the usual rate of interest allowed by such Savings Banks to the Depositors therein, and such Treasu- rer, or other proper Oflicer, to receive back all or any portion of the funds due on such account to such Society, as the Society may direct. No deposit received 12, It shall not be lawful for the Commissioners to receive from of less than 25 cents —. . - . or more than $1,000. any Uepositor any deposit less than one-quarter of one dollar, nor. „ ^ more than one thousand dollars. Provided, that so long as the No interest allowed i i i j.i. j-i ^ i r^ . , . . on deposits over balance to the credit of any such Depositor shall, including pnnci- $1,000. pal and interest, exceed' one thousand dollars, no interest shall be No Depositor to have allowed, paid, or payable on such excess; and it shall not be lawful than'one SaWn"s°'' ^°^ ^^^ person, either in his own name or in the name of any other Bank. person on his behalf, or on his account, to deposit or hold, at the same time, moneys in more than one of the said Savings Banks. ?elving°|i,ooo''ii ^^' ^"^ °^^^ ^"^ Depositor in any Savings Bank shall die, leaving case of no probate any suni of money in the said Savings Bank belonging to him or i7tration ''^^"^'"'°' ^or at the time of his or her death, not exceeding in the whole, 354 r32 Vict.] Savings Banks. [No. 107.] including interest, the sum of one thousand dollars, and probate A.D. 1869. of the will of the deceased Depositor (if anywill have been made) or letters of administration of his or her estate and effects be not produced to the Commissioners, or if notice in writing of the existence of a will and intention to prove the same, or to take out letters of administration be not given to the said Commissioners within the period of two months from the death of the said Deposi- ■ tor, and in the latter case, unless such will be proved or letters of administration taken out within the period of three months from the death of the said Depositor, it shall be lawful for the said Com- missioners to pay and divide the same to or amongst any person or persons who shall appear to such Commissioners to be the widow or entitled to the effects of such deceased Depositor according to Law, or according to any general order which the Commissioners may make in that behalf, and the payment of any such sum of money shall be valid and efiectual with respeqt to any demand of any other person or persons as next of kin, legatee, or personal representative of such deceased Depositor, against the funds of such Savings Bank or the Commissioners thereof; but, nevertheless, such next of kin, legatee, or representative shall have remedy for recovery of such money so paid as aforesaid, against the person or persons who shall have received the same. 14. If any Depositor, being illegitimate, shall die intestate. Depositors dying in- leaving any person or persons who, but for the illegitimacy of such testate or iliegiti- Depositor, would be entitled to the money due to such deceased Depositor, it shall be lawful for the Commissioners to pay the money due to such deceased Depositor to any one or more of the persons who shall have claimed such money, and who, in their opinion would have been entitled to the same according to Law, if the said Depositor had been legitimate. 15. Payment of any money by the Commissioners as aforesaid, payment to persona to any person or persons having letters of administration, or probate having probate or of any will, and appearing to be in force, shall be valid and effectual.'* ^°^ effectual with respect to any demand of any other person or persons as the lawful representative or representatives of such Depositor against the funds of such Savings Bank and the Commissioners aforesaid; but, nevertheless, such repesentative or representatives shall have remedy for such money so paid as aforesaid, against the tatireaf " '*'^'^®^*°' person or persons who have received the same. 16. The said Commissioners may, and they 'are hereby author- . J-, J, -j-i,. ,,,•■ Persons of nnsound ized and empowered to receive deposits from any person who shall mind may make de- declare himself willing to act as a Trustee for the account of any P°"*^ ^^ Trustees. other person disabled by idiotcy, lunacy, or unsoundness ^^of mind, and to allow interest and make payments as in the case of ordinary Depositors, and the receipt of such person so acting as Trustee shall be a sufficient discharge to the said Commissioners. 355 pjo. 107.] Savings Banks. [32 Vict.] A D 1869 ^ '^" ■^^^'^ BepositoTf sliall, before depositing any sum in the ' J ' said Savings Bank, sign a declaration that he has no money in any derfarauln!^'^ other Savings Bank establislied under this Ordinance, and if any . Depositor shall make a false declaration the Commissioners may declare his deposit to be forfeited, and the same shall thereupon be forfeited to the use of Her Majesty, Her heirs and successors; and Depositor depositing every Depositor shall, by depositing any money in the said Savings nance and*theEufis Bank, be held to have assented to and shall be bound by all the and Regulations J provisions of this Ordinance, and the rules and regulations made in thereof. pursuance thereof; and on making the first deposit, every Depositor shall receive a book for entry of his deposit, which shall be called Depositor's Book. " tlie Depositor's Book," and every sum deposited or withdrawn shall be entered by the Cashier or Clerk therein, and initialed by at least two Officers of the said Bank, and no money shall be repaid without the production of the said book, which shall be deemed to be the Depositor's voucher. Commissioners to 18. The said Commissioners shall keep an account with one of aCharterrdTco" *^® Chartered or Colonial Banks of the Colony, and lodge at the loniai Banlc. end of every week, or oftener if necessary, all and every sums and sum of money deposited during that week with the Savings Bank. Surplus money may 19- Whenever the said Commissioners shall have to the credit the' Colonial Trea.'° ^^*^ Savings Bank with the said Chartered Bank, after payment Bury. of all the expenses or drafts of or on the said Savings Bank, a sum exceeding the sum of one thousand dpllars, such sum may he lodged on loan in the Colonial Treasury, and tjie Officer acting as Treasurer is hereby authorized to receive the same and give a receipt therefor to the said Commissioners, and carry the same to a separate account, to be called " The Commissioners of Savings Banks Account." Sums to be drawn 20. "Whenever any sum is required to be drawn out of the said cXn^arS by Chartered or Colonial Banks for any of the purposes of the said cheque. Savings Banks, such sum shall be drawn by a cheque signed by the Cashier and countersigned by at least two of the said Commis- sioners. Commissioners to 21. The said Commissioners shall, in or by the first week in onhejodttnonhe January in every year, make out an Account or Balance Sheet Savings Banks every shewing the total receipts and payments, and expenses of the said me^nt Gazette .°^*'^"" Savings Banks for the year ending the thirty-first day of December preceding, and shewing a correct and true statement of the then position of the said Savings Banks, and the same shall be published in the Government Gazette, and if there shall be any surplus to the _ , , ^ ^ .. credit of the said Savings Bank the same shall be paid into the Salrplus to be paid r> -li- m i •■ to public Treasury. -Tublic ireasury, under the separate account of the said Commis- sioners, and for the public uses of the Colony ; but the Officer adt- ingas Treasurer is hereby empowered and required on receipt of a requisilion, signed by the said Commissioners, to pay to their credit 366 [82 VioT.] 8amTn§& Banks. [No. 107.] in the Chartered Bank aforesaid any sum of money standing in _^.d. their names to the credit of the said separate account. 22. The rate of interest allowed to the said Commissioners on Bate of interest on any moneys so lodged by them in the Colonial Treasury aforesaid Treaaurj', and to shall not exceed six per centum per annum ; arid the rate of interest Depositors. to be allowed to Depositors shall be announced from time to time in the Government Gazette by the Commissioners so appointed as aforesaid, provided that such rate of interest when payable shall not be less than four per centum per annum. 23. The said Commissioners shall be at liberty to return to any Commissiouera may one or all of the Depositors, at any time, the whole amount of giving one month's his, her, or their deposits, upon giving him, her, or them one "lotioe. month's notice of their intention so to do, and the interest due to 8uch Depositor or Depositors to be calculated according to the Kules of the Savings Bank, up to the expiration of the notice, beyond which time no interest will be allowed ; and the said Commission- ers shall also he at liberty Xq refuse any deposit which may be offered. 24. Ifo deposit shall be paid except on the production oi the Deposit paid on pro- Depositor's Book, and in case of the non-attendance of the Depositor ftor*s°Book?''^°°" an order signed by him and witnessed shall be required ; but the production of the Depositor's Book, or satisfactory evidence of the loss or destruction of such book, shall be sufficient authority to the Officers of the Savings Bank for the payment of the money ; and if any Depositor be desirous of withdrawing his deposit, he One week's notice must give one week's notice of his intention so to do ; and all pay- p^ep^g^t'^™'^** °^ ments so made shall be valid and effectual, and shall protect the said Officers from any liability thereunder. 25. And whereas it may so happen that the funds deposited in Treasurer of the Coi- the said Savings Banks may not at all times be available for the ,n°entrout'of the**'" purposes of meeting demands thereon: Now, for the purpose of General Revenue, fully effecting the intent of this Ordinance, be it enacted that the Officer acting as the Treasurer of the Colony shall pay out of the General Revenue, on the order ot the Governor, any sum or sums of money, whether for interest or principal, due to any person or persons who shall make deposit under this Ordinance, as may from time to time be required. 26. In the construction of this Ordinance the word "Governor" interpretation shall be held to mean the Governor of this Colony or other the Clause. Officer administering the Government of this Colony for the time being; and whenever in this Ordinance in describing or referring to any person or party, matter or thing, any word importing the masculine gender or singular number is used, the same shall be understood to include and shall be applicable to several persons and parties as well as one person or party, and females as well as males, and bodies corporate as well as individuals, and several matters and 367 pro. 108.] Health. [32 Vic*.] A.D. 1869. things as well as one matter or thing, unless it otherwise he pro- vided, or there be something in the subject or context repugnant to such construction. Short Title. 27. This Ordinance may be cited for all purposes as "The Savings Banks Ordinance, 1869." A.D. 1869. Preamble. Gorernor to define Health Districts, and make Sanitar7 RegulationSj No. 108. An Ordinance for promoting the Public Health in the Colony of British Columbia. l2Srd February, 1869.] ■yiTHEREAS it is necessary to adopt measures with the object of preventing or guarding against the origin, rise, or progress of endemic, epidemic, or contagious diseases, and to protect the health of the inhabitants of this Colony, and for this purpose to grant to the Governor in Council extraordinary powers to be used when urgent occasion demands: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:— 1. It shall be lawful for the Governor in Council, by any order duly made and passed, from time to time, and at any time, to mark out, define, and vary certain portions of the Colony to be Health Districts, and to make and alter such Eules, Regulations, and By- Laws, as such Governor in Council may deem expedient, in respect to the following matters, that is to say: — (a.) The establishment, management, and maintenance of Local Boards of Health, their functions and powers: (6.) The duties and jurisdiction of the Local Boards of Health,in all matters whatsoever in anywise relating to drains, sewers, privies, pigsties, slaughter-houses, unwholesome food, diseased cattle, noxious or offensive trades or business, epidemic, endemic, or contagious diseases or disorders, aud for the sammary abatement of any nuisance or injury to public health likely to arise therefrom, and all matters relar ting to quarantine, as well of Her Majesty's Ships of War as other and all vessels and boats entering any port, river, or harbour in this Colony : (c.) The regulation of the inspection of dwelling-houses, curtila- ges, hospitals, gaols, and other places, and generally to regulate all such other matters and things whatsoever, in relation to or in connection with sanitary matters, which the 358 [32 Vict.] JSealtk [No. 108.] said Governor in Council shall from time to time deem ^jy jggg expedient to ordain : — (d.) Any fines or penalties for the enforcement of the provisions of such By-Law, not exceeding in amount the fines and penalties hereinafter provided in case of the evasion of any of the provisions of this Ordinance. Provided, always, that the Governor may make such Orders, Rules, Regulations, and By-Laws to apply to certain portions of the Colony only. 2. Every such Order, Rule, Regulation, and By-Law so made,, having the force of when published in the Government Gazette, shall, so far as the same 1*^- shall not have been in like manner repealed or varied, be deemed to be and have the force of Law, and be so recognized in all Courts of the Colony, and every such Order, Rule, Regulation, and By- Law so made, shall be laid before the Legislative Council im- mediately if it be in Session, or if not, as soon as possible after its next meeting, together with an account of all sums expended, and all sums required for the due execution of this Ordinance, in order to be dealt with as such Legislative Council may deem expedient. 3. For the purposes of this Ordinance, the Corporation of the Local Boarde ; City of Victoria and the Municipal Council of New Westminster, and the Council of any Municipality or Municipal District now or hereafter to be created, respectively, shall be the Local Boards of Health within their respective limits and jurisdictions; and it shall be lawful for the Governor, by writing under his hand, to appoint euch and so many persons as he may think fit to form a Local Board for any other town, district, or place, and from time to time to remove any such person or persons from such Board, and apppoint any other person or persons in his or their stead; or if he think fit or desirable, the Governor may order the persons who compose euch Local Board to be elected, in such manner as he may think feasible, by the Inhabitants of any of the Health Districts of the Colony. 4. It shall be the duty of the various Local Boards of Health to j^^j^. ^^^.^j carry out the Rules, and Regulations, and By-Laws, from time to time made and issued by and under the authoritty of the Governor in Council, and may from time to time, by and with the approval of the Governor, appoint or employ such Officers and Servants as may be necessary for this purpose, and subject to such approval, may make Regulations and By-Laws specifying the duties and powers of the Officers and Servants so appointed or employed, and may remove such Officers and Servants as such Board may see fit, and may recommend that the Officers and Servants so appointed shall be paid such sutos as they may deem fit out of such part of the General Revenue as may be reserved for such purpose, and it shall be lawful for the Governor to order payment to be made to them, respectively, of sums not exceeding those recommended. Provided, - S59 [No. 108.] Health [32 VrcT.] No Officer to be con- cerned in contract. Health Officer. Penaltiea ; A.D. 1869. always, that the Corporation of the City of Victoria and the Muni- cipal Council of New Westminster, and the Council of any Municipal District shall: provide for any expenses incurred, or Officers or Servants employed by thorti in carrying out the provisions of this Ordinance within their respective limits, out of the Greneral, City, Town, or District Taxes, as they may deem fit. 5. No Officer or Servant of any Local Board shall be concerned or interested, directly or indirectly, in any bargain or contract entered into by such Local Board. 6. "Whenever there is good and sufficient reason to apprehend the invasion of any contagious or epidemic disease, likely Beriously to endanger life, the Governor may appoint and pay a fit and proper Officer, to be called the Health Officer, whose duty it shall be to provide that the Local Boards carry out the Orders in Council, and generally to perform such duties as the Governor in Council may direct, either in respect of quarantine or other sanitary matters, but such appointment shall be of a temporary nature only, and shall cease upon the termination of the cause that gave it origin, or sooner, if by such Governor considered advisable, or expedient, or necessary. 7. Whoever shall Ayilfully obstruct any Health Officer, or any Member of the Local Board of Health, or any Officer or person duly employed in the execution of this Ordinance, or of any By- Law, or of any provision of any such By-Law, or destroy, pull down, injure, or deface any board, placard, or notice made or pub- lished under this Ordinance, or in any way commit any wilful breach or contravention of any provision, or patt of any provision, of this Ordinance, or of any Eule; B.egulation, or By-Law to be made in pursuance thereof, shall be punishable summarily before any Justice of the Peace, upon information under oath, and upon conviction, by any fine not exceeding, for a first offence, one hun- dred dollars, and for a second offence, any sum not exceeding two hundred dollars. how enforced. ^- Every penalty imposed by this Ordinance, and by any By- Law, Rule, Order, or Regulation made in pursuance thereof, may, with the costs of conviction, be levied by distress and sale of th& goods and chattels of any offender; and in default of paymentof such penalty and costs, then by imprisonment of such offender for any term not exceeding three calendar months in one of Her Majesty's gaols ; and no warrant of commitment upon a conviction under this Ordinance shall be held to be invalid by reason of any defect or informality, if it be therein alleged that the oflender ha& been convicted, and there be a good and valid conviction to sustaia the same. Interpretation. 9- lu the construction of this Ordinance the word " Governor " shall be held to mean the Governor of this Colony or other the 360 '[32 Vict.] Queen VharloUe Mining Vdmpcm^s Office. pS'o. 109.] Officer administering the Government of this Colony for the time a,D. 1869; being, and whenever in this Ordinance in describing or referring to — ^ any person or party, matter or thing, any word importing the mascu^ line gender or singular number is used, the same shall be understood to include and shall be applicable to several persons and parties as well as one person or party, aud females as well as males, and bodies coi|)orate as well as individuals, and seyeral matters and things as well as one matter or thing, unless it otherwise be pro- vided or there be something in the subject or context repugnant to such construction. 10, This Ordinance may be cited for aJl purposes as the " Health Short Title, Ordinance, 1869." No. lOd. An Orddnanoe to enable " The Queen Charlotte Coal Mining -^..1). 1869> Company, Limited," to change their Eegistered Office from the City of New Westminster to the City of Victoria. l2Uh February^ 1869.] 'II7HEREAS under and by virtue of the provisions of the "British Preamble. ' ' Columbia Act, 1866,'* and the Union Proclamation, 1866, in that behalf duly made and issued, by His Excellency Frederick Seymour, Governor of British Columbia, on the 17th day of Novem- ber, 1866, the Colony of Vancouver Island was, from the issuing of such Proclamation, united with the Colony of British Columbia: And whereas, "The Queen Charlotte Coal Mining Company^ Limited, " was on or about the 19th day of February, 1868, duly Eegistered by the Registrar of Joint Stock Companies, for that part of the said United Colony of British Columbia commonly known as the Mainland of British Columbia (being the former Colony before the said Union), as a Joint Stock Company, pursuant to the Law relating to Joint Stock Companies on the said Mainland of British Columbia : And whereas the said Company was and is Incorporated under a memorandum of Association, whereby it is provided among other things, that the Registered Office of the said Company is in Nev^ Westminster, British Columbia: And whereas at the date of the said Registration, N'ew "West* minster was the Capital and Seat of Government of the said united Colony: And whereas by Proclamation duly made by His Excellency Frederick Seymour aforesaid, Governor of British Columbia, it mi pS'o. lO^.J Qmen Gharhtte Mining Qympany's Ofioe. [32 Ticr.| A.I>. 186i9. "^^s proclaimed and declared that from and after the 25th day of ' — May, 1868, until otherwise appointed by Her Majesty Queen Victoriia,, Her heirs aad suoeessors, the City of Victoria, in the Colony ot British Columbia, should be and be deensked for all purposes what- ever the Capital and Seat of Government of tlte saidi United Colony of British Columbia: And whereas no appointment hath since the date- of the said last mentioned' Proclamation been made by Her said Majesty, appoints, ing any other City or Place to be the Capital ar Seat of Government of the said united Colony: And whereas it is expedient that the said Company should liav& power and authority by Law, to remove their said Registered Office from the Capital of the former Colony of British Columbia, to the Capital of the said united Colony, in manner hereinafter provided:: Be it enacted by the Governor of British Columbia,, with the- advice and consent of the Legislative Council thereof,, as follows:^ jower of Colonial 1- Upon the- applicaition of the Directors for the time being of seoretary by certifi- iif^T^g. Q^&o. Charlotte Coal Mining- Company, Limited" mada oatC' to change regis- a x t/ * tered office of Com- within one year after the date of the commenceoxentof this Ordinance,, '^estminstei ^tT Sanctioned by a resolution passed at an Extraordinary General lictojiia.. Meeting, but subject ta the restriction hereinafter mentioned, the- person for the time being lawfully acting as Colonial Secretary of British Columsbia shall have authosrity, by his Certificate hi writing,, to change the Registered Office of the said Company fcom. the City of If ew Westminster to the City of Victoria, and the Registrar, of Joint Stock Companies with whom the memorandum of Registration of such Company has, been Regi8tei»ed, shall upon receipt of such. Certificate, and upon payment of the sum of five, dollars, note in writing upon the margin,, or at the foot of th.e sadd memorandum, the City of Vicstoria as being the name of the place to which such Registered Office is to. be transferred, and the day upon which such transfer is, pursuant to such Certificate,, to take place, and shall attach the Certificate to the memorandum, and thereupon the plae& of such Registered Office shall from the day m.entioned in the said Certificate be the City of Victoria. Provided, however, that such change shall in nowise alter or afiect anything heretofore done by the said Company, or any of th.eir rights or liabilities in respect thereof. ^fter proof of notice 2^ The Said persQQ SO, for the- time beingi acting, as Colonial (rftotended change. Secretary of British Columbia,, shall not issue his Certificate ia pursuance of the foregoing section, until he is satisfied that an advertisement of the intention of the C&mpany to apply to hina for a Certificate, with a declaration that all parties objecting thereto- are forthwith to apply to the said person so acting as Colonial Sec- retary, has been published once at the least in each of four successive- weeks in the Government Gazette of British Columbia, nor uatii tS2 Vict.] t)ath. t^o. 110.] lie Ib satisfied that the objections, if any, that may be urged against a.D. 1^^. the issae of suieh Certificate are groundless. — 3. This Ordinance may be cited fi)r all purposes as " The Queen Short Title. Oharlotte Mining Oompany's Office Ordinafloe, 1869." ^0. IIO. An Ol^dinance respecting ike appointmelat of Commissiolaers to ^ j). iggg.. take Affidavits and Bail, and for t^e making of Statutory —^ Declarations. I24:th February, 1869.] WHE1R.EAS it is expedient to provide for the taking of Affidavits preamMe. and Bail, afiid for making Statutory Declarations: Be it enacted by the Governor of British Columbia, with the 'advice and consent of the Legislative Council thereof, as followsl^- 1. Any Judge of a Supreme Court of this Colony, may by one or Empowers Judge t* taore Commission or Commissions, under the 'seal of such Court, oners"to take Affi-^" from time to tim!e empower so many persons in the Colony as he davits. taay think fit and necessary, to take and receive any Affidavit, or Affirmation in ■cases where by Law an Affirmation is allowed, which any person may desire to make in or concerning any cause, matter, ■or thing, depending or in anywise concerning any oi the proceedings i« such Court. 2. Every such Affidavit and Affirmation may bfe read and made Affidavits hov nsei. use of in such Court as other Affidavits or Affirmations taken therein, and shall be of the same force as if taken in open Court; and any {)er8on wilfully forswearing himseltin any Affidavit or making false aweariJg."'^ Affirmation before any oi the said Commissioners, sha^l be liable to the same pains and penalties as if such Affidavit or Affirmation were made in open Court. 3. Any sueh Judge as aforesaid, may from time to time, in lniipo*«s .Tudge \b manner aforesaid, appoint llie same or other persons to be Commis- sfonersto takebsiii:; sioners in the Colony, to take and receive all and every such recogni^ ;zances ©f bail as any person or persons may at any time desire to acknowledge or make, in any ^action 'er suit dependiftg in the said Court, in such manner and form, and by such recognizances of bail, ■as the Justices of the said Court may take, which recognizance or recognizances of bail, or bail piece, so taken as aforesaid shall be f/^^°^ offiiii«ti«. filed in the office of the Registrar or Deputy Registrar ■of such iSupreme ^ourt, together with an Affidavit of the due taking of the recognizance by some credible person present at the taking thereof* [No. 111.] Vcmcotiver Island Seeonv^fonce. [32 YicT,] Becognizance same a9 if taken Ja open Court. Prescribes form declaration. of Sb.ort Titl&. 4. The recogaizance so taken and filed shall be of the like effect,, and subject to exception as to the bail in like manner, and withia the same time, as if taken in open Court. 5. And whereas by virtue of the Statute of the 5th and 6th years of the Reign of King William the IV., c. 62^ certain persons therein mentioned are authorized and empowered to take Declarations in lieu of Oaths and Affidavits; be it therefore further enacted tha% from and after the passing of this Ordinance, all persons now or hereafter by Law authorized or empowered to take Beclarationsj shall take and administer such Declaration in the foUomug formi— "I, A. B., of , do solemnly and sincerely declare that , and I make this solemn declaration conscientiously believing the same to be true, and by viitu& of the 'Oaths Ordinance, 1869.'" 6. This Ordinance may be cited for al puiposes as- the "Oaths; Ordinance, 1869." A.D. 1869.. Fteamble. No. 111. An Ordinauce respecting tfee Reconveyaisee of Yaneouver Island to tlie Crown. [25iA Febmcctyy 1869.]; TITHEREAS- the Original Deed of Reconveyance of Vancouver Island to the Crowm is deposited among the Records of th& Colonial Office in England, and cannot be ©btaiaed in this Colony, and it is- exponent to make duly certified copies- thereof evidence in all cases which may arise within the Colony l Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:-^- etertified' copies of ^' ^^^^ ^opy of the Deed of Reconveyance, includingthe Map or Original Deed and Plan thepcunto annexed, bearing date the 3rd day of April,. A.D. 1867, foi oe and effect as ^^d. made between the Governor and: Company of Adventurers of libfi Original Deed. England, trading in Hudson's Bay, oSthe one part, and Her Most Gracious Mfljiesty Queen Victoria, of the other part, and purporting to convey and surrender Vancouver Island and its appurtenafl^ies (except as therein is excepted) to Her Majesty, Her heirs and succes- sors, which copy shall be certified under the hand and seal of the Registrar General of Vancouver Island, or other' the person for the time being acting in that capacity, to be a correct copy of the said; Original Deed ot Reconveyance of the 3rd day of April, A. D. 1867, together with the Map or Plan thereof thereunto annexed, shall be- 36,4; [32 Vict.] Supreme Oburts.- pfo. U^.-]! and be deemed to be of a&d to have the' same ferde and effect in A.D. 18691 Judicature, and thereout, as the said Original Deed of th« 3rd day of April, A. D. 1867, with the Map or Plan thereunto annexed, of which it purports to be a copy; and no exception shall be taken to the production of, or the validity of, such certified copy, on the ground of the non-production of the said Original Deed and Plan, or on any other ground whatever. 2. This Ordinance may be cited for all purposes as "The short Title-.. Vancouver Island Reconveyance Ordinance, 1869." NO, 112. An Ordinance to regulate the Supreme Courts of Justice of a.D. 1869". British, Columbia. _^ „ "~~ ^,„^ {\st March, 1869.] ^'^ ^°'- »» *139>' WHEREAS it is expedient, for the avoidance of all doubt, further Preambre. to declare, define, and regulate the jurisdiction and power of the Supreme Courts of the Colony, and the Judges thereof, in manner hereinafter mentioned r Be it enacted by the Governor of British Colombia, with the advice and consent of the Legislative Council thereof, as follows: — 1. The Proclamation made and passed under the Great Seal of Repeals B. C Proc- the former Colony of British Columbia, on the 24th day of Decem- eember^kss!'' ^'" her, A.D. 1858, is hereby repealed, but all Acts and Orders herC' tofore bona fide done and made thereunder shall be and be deemed to have been legal so far as the same shall not have been subse- quently 'repealed or varied by any Aoty Ordinance, or Order, 2. Ifothing contained in this Ordinance or in the Proclamation Confirms th« acts otf of the former Colony of British Columbia,, made and passed under cMumbia,^"*'^*^ the Great Seal thereof,, on the 8th day of June, 1859, shall be deemed or taken to have in any way limited or affected the power or authority of the Governor of British Columbia heretofore, by Commission under the Great Seal of the Colony, to appoint any Judge, other than the Judge in such Proclamation named,, of the Supreme Court of Civil Justice of British Columbia, to act in any part of the Colony as a Judge of such Court, with all the powers expressed in such Commission ; but every such Judge so heretofore appointed shall be deemed to have been lawfully appointed and commissioned, and every power heretofore exercised, act done, and order made under or by virtue of such commission, shall be and be deemed tO' have been valid and lawful, and shall be' so recognizedi in all Ckmrta of the Colony.. 365> [N'&. 112.1 BupYem Qourts. {t^ Vic*;] A-.1). 1869. ^' -^^^ ^^^ heretofore done and powers exercised by, or by order — or under colour of, any Writ or Warrant of the present Judge of % Vancouver Island, the Supreme Court of Civil Justice of British Columbia, in any part of the present Colony of British Columbia^ shall be and be deemed to have been lawful and lawfully done and exercised, to all intents and purposes whateoeVer, and shall be recognized as such in all Courts of the Colony; and no objection thereto shall be taken or allowed, or Suit, actiqn, or proceeding sustained by reason that any such act has been heretofore done, Order so made, Warranty Writ, or SuBamon* so issiied or elecuted, oW.t of the jufisdiction of the said Supreme Court of British Columbia. \he Supretae Oottrt 4. "the Supreme Court established under the name of " The ■ Supreme Court of Civil Justice of the Colony of Vancouver Island,'* shall from and after the coming into operation of this Ordinance, be called " The Supreme Court of Vaneouver Island," and the present Chief Justice thereof shall be called and known by the name and style of "The Chief Justice of Vancouver Island." The Supreme Court 5. The Supreme Court established under the name of " The SiShJC^^mU^! Supreme Court of Civil Justice of British Columbia," shall from and after the cotning into operation of this Ordinance, be called " The Supreme Court of the Mainland of British Columbia," and the present Judge thereof shall be called and known by the name and style of " The Chief Justice of the Mainland of British Column bia." Confines jurisdiction 6. ExtJfipt as herfiinaifte* mentioned, the jurisdiction') civil and Vancou7er°ls?and eriminal, of the said Supreme Courts shall be the same, and all the aad the Mainland powers and authorities heretofore by law vested in and exerciseable l^spectively. by the Judges thereof respectively, in all civil and criminal matters and proceedings whatsoever, shall be the same and shall continue so vested in and exerciseable by them respectively^ as if the titles of the said Supreme Courts and of the Judges thereof had not been changed, and as if the Imperial Statute of the 29th and 30th Victoria, chapter 67, intituled " The British Columbia Act, 1866," had not passed; that is to say: the jurisdiction of the Supreme Court of the Mainland of British Columbia shall extend only over the former Colony of British Columbia and its Dependencies,':and the jurisdiction of the Supreme Court of Vancouver Island shall extend only over the former ColoJiy of Vancouver Island and its -Dependencies previous to Union. ©onfirMs exirtlng 7. Nothing herein contained shall be deemed or taken to affect *$pointments. ^^e appointments of the present Judges of the said Courts, or of either of them, or the tenure under which they or either of them hold office, or (except as hereinafter mentioned) the rights of Hef Majesty, Her heirs and successors, with respect to the appointment or otherwise of persons holding or to hold the said offices, or the ©ffice of Chief Justice of the Supreme Court of British Columbia [32 Vict.] Supreme Cburts: []^o. 11Z.J hereinafter mentioned, at the salary preserihed by the " Crown a..J>. 1869. Salaries Ordinance, 1863," aa if such Chief Justice had been the Judge named therein, or to^ affect the appointments or tenures of any of the present Officers of the said Courts, or any of them, o-r, except as hereinafter mentioned, the rights of the Governor, or Judges of the saiid Courts, or either of them, with respect to the apppointment or otherwise of persons holding, or to hold, such offioes. 8. Nothing' herein contained shall be deemed or taken to affect Contioaes proceed^ or invalidate any acts or proceedings done, commenced, or taken J?^^ t^-^l;i^°^ in the said Courts, or either of them, or aniy Decrees, Judgments, Courts. Orders, Eulesy or Regulations of the said Courts, or either of them, or anything done in pursuance of such Decrees, Judgments, Orders, Eules, or Regulations; and all Proceedings'heretofore commenced and taken in the said Courts, or either of them, may be continued and prosecuted in the Court in which they were so commenced or taken, notwithstanding the change of titles of the said Courts. Provided, always, that in all Proceedings taken, and in all Decrees,, Judgments, Orders, and Regulations made after the passing of tlas Ordinance, the new title of the Court in which such Proceedings are taken, or such Decrees, Judgments, Orders, Rules, and Regu- lations are made after the passing of this Ordinance, the new title of the Conrt in which such Proceedings are taken, or such Decree^,, Judgments, Orders, Rules, and Regulations are made, shall be ' inserted in such Proceedings, Decrees, Judgments, Orders, Rules,, and Regulations, in lieu of the former title; and Seala,bearing Her Majesty's Royal Arms, and of the new titles of the said separate Courts, shall, as soon as conveniently may be, be substituted for those at present in use by such separate Courts, and the same shall be cognizable and of full authority in Judicature and thereoust,. respectively, to all intents and purposes. 9. Either of the said Chief Justices may, at the request of the Appeal.. other Chief Justice, assist such other Chief Justice in hearing and determining all cases civil and criminal, which such last mentioned Chief Justice might have heard and determined, and for that par- pose, the Chief Justice for the time being rendering such assistance,, shall have and exercise all the powers, authorities, and jurisdiction, which the Chief Justice to whom such assistance is rendered has and exercises, and he may sit either separately or together with the last mentioned Chief Justice, as shall seem best to the said twa Chief Justices, for the due administration of justieei, 10. Provided,, always, that upon the Mainland of British Colum- Deaneaprecedencft.. bia, the Chief Justice of the Mainland, of British Columbia, and upon Vancouver Island, the Chief Justice of Vancouver Island, shall have rank and precedence over the other Chief Justice. 11,. ¥pon- a vacancy being created by the death, resignation, or ptavideafot [No. 113-1 ■FmeL [32 Vici.] A.D. 1869. tif the Supreme Oourts into one Supreme Couft, ■wit^ a new 9eal> %ules and Regula- tions, how made. Short Title. otherwise, of eitt'el' of the present two Chief Justice^, the said Supreme Courts of the Mainland of British Columbia and of Van- tsouver Island shall be iherged into one Supreme Court, to be called "The Supreme Coiart of British Columbia," and the surviving or regaining Chief Justice shall preside ov«r the said Courts, and shall be •called "The Chief Justice of British Columbia," and a Puisne Judge of the said Court shall thereupon be appointed by Her Majesty, Her heirs or successors, by Warrant under Her or their Sign Manual and Signet, and receive the annual salary of one thousand pounds; and all the jurisdiction, powers, and authorities of the two present existing Supreme Courts, and of the Judges thereof, shall b^ yessted in, and shall be had, execfsised, and enjoyed by the said Supreme Court of British Columbia, and the Judges iihereofi 12. The «aid Supreme Court of British Columbia, when consti- tuted, shall hare a Seal, bearing thereon Her Majesty's Eoyal Arms and the name of "The Supreme Court of British Columbia^" which shall be used by the said Supreme Court as occasion shall require. 18. The said Chief Justice of British Columbia is hereby authori- zed and empowered, from time to time, to make all such Orders, Kules, and Regulations as he shall think fit, for the proper admin- istration of justice in the said Supreme Court of British Columbia, and subject to such Orders, Eules, and Eegulations,. the then existing Eules and Regulations of the Supreme Court of the Main- land of British Columbia shall have full force and effect in the said Supreme Court of British Columbia. 14. This Ordinance may be cited for all purposes as "The Supreme Courts Ordinance, 1869." A.D. 1869. Preamble. Governor may di' Vide Colony into jf'eaee DietrictBi No. 113. . An Ordinance to provide for the Fencing of Land in British Columbia. [ls^i/afcA,.1869.] TirSEREAS it is expedient to provide for the proper Fencing of Lands in the Colony of British Columbia ! Be it enacted by the Governor of British Columbia, With the advice and consent of the Legislative Council thereof, as follows:-' 1, It shall be lawful for the Governor, from time to time, for the purposes of this Ordinance, to divide the said Colony into DistricM) 368 [32 ViOT.] Feriee^ fSo. HS^.J to be called Fence Districts, and alter ^e sattL«5' from time to time ^j). ISeff. as occasion may appear to require. — 2. A lawful fence shall be at least four feet nine inebes high Definition of a law-" tbronghout, above the general surface of tbe ground, and sub- *^'*®''*'®" stantially constructed of either stone, brick, earth, wood, or iron, or partly of any one or more of these meterials; andfif made- of hori- zontal bars, boards, or rails, of wood or iron, shall consist of such dimensions so as not to leave more than six inches between the several bars or Tails respectively, up to the bright of three feet from the surface of the ground, and for the remaindfer of the fence not more than twelve inches between the said bars or rails. Provided, also, that any natural boundary, which shall be sufficient to prevent the passage of cattle into inclosures^ ^hadl be treated as a iawfal fence, 3. In the event of cattle straying into lands within a Fence nq action' for tres- District on the Mainland of British Columbia, and into lands within pass °^ cattle stray- . , -n, •»,. . . n ,T /■ 1 /-« 7 ing into lands unprO" or Without a Jfenee District m all otner parts of the uoiony, teoted by lawful unprotected hy a lawful fence so defined to be lawfiil as aforesaid, '^^°®®" no trespass shall be deemed to have been committed, and no action for tr-espass shall be maintainable therefor,, any law to the contrary notwithstanding. 4. If any caittle shall break into amy ground enclosed by a lawful cattie breaking into) fence, the owner of such animal shall be liable to the owner or la^d enclosed by a: occupier of the enclosed premises for all damages sustained by owner liable for such trespass, and if the trespass shall be repeated by neglect of the damages. owner of such animal he shal, for the second and every subsequent offence, be subject to double the damage of such trespass to the owner or occupier of the said premises. The owner or occupier of q^^^^^ ^ ^^ j^, the premises may impound every such animal, and shall advertise pounded. ;. the same, with a sufficient description thereof, or give a written notice to the owner, if known; and if any animal so trespassing shall not be claimed, and the damages paid, together with the keep of such animaly and the cost of advertising such notice, within ten days from the publication of such notice, or of the delivery of the same to the owner of such animal if known, the owner or occupier of the premises shall be at liberty to sell the same by public auction, , and repay himself out of the proceeds of such sale, all damages auction, done and expenses incurred for the keep, advertisement, and sale thereof; and the notice shall be given to the owner of every such animal, by advertisement or otherwise, within five days from the date of impounding, and if not BO^iven no charge shall be made for the keep of such animal for more than five days. 5. That in case there be no Auctioneer within a convenient nr, .„*,„. JUagistrate mayaji- distance in any particular Fence District, it shall be lawful for the point salesman,. Stipendiary Magistrate,, or other Justice of the Peace for the Dis- P^o. 113.] FeneG. [32 Vict.] A.D. 1869. *rict, to appoint a salestaaa for the purpose of selling cattle im- — pounded for trespass; but such salesman shall not require an Auctioneer's Licence. Disputes may be 6. If any dispute shall arise under this Ordinance, the same shall tried by jury. be adjudicated upon by the Justice of the Peace for the District wherein the same occurred, with the option of either party to claim a Jury of five persons. The Justice of the Peace shall, for the purposes of this Ordinance^ have all the powers of a County Power to Justice of Court Judge in this Colony, in summoning, and compelling attend- the Peace to enforce ance of witnesses andjurors, and awarding damages and costs, which damages and costs shall be recovered in the same manner as amounts due under judgments of the County Court. How Fence Districts 7. Except SO far as otherwise provided by Section 3, this Ordi- may be created. nance shall not be applicable to any District unless upon an application being made in writing to the Governor of the Colony of British Columbia, signed by at least two.-thirds of the resident land owners or occupiers in such District requiring the same to be applied to such District, and the Q-overnor's Proclamation of his assent thereto in the Grovernment Gazette accordingly. Interpretation ^* ^^ *^® Construction of this Ordinance the word " Governor" Clause. shall be he] d to mean the Governor of this Colony for the time being, or other the Officer administering the Government of this Colony for the time being ; and whenever in this Ordinance in describing or ref erring)to any person or party, matter or thing, any word importing the masculine gender or singular number is used, the same shall be understood to include and shall be applicable to several persons and parties as well as one person or party, and females as well as mafes, and bodies corporate as well as individuals, and several matters and things as well as one matter or thing, unless it otherwise be pro- vided or there be something in the subject or context repugnant to such construction. The word "Cattle" shall extend to and include horses, mares, fillies, foals, geldings, colts, bulls, bullocks, cows, heifers, steers, calves, sheep, lambs, goats, pigs, mules, jennets, and asses. Short Title. 9. This Ordinance maybe cited for all purposes as "The Fence Ordinance, 1869." 870 [32 ^icT.] CatUe. fNo. 114.] No. 114. An Ordinance for the better protection of Cattle, and the -^I*- 1869. better prevention of Cattle Stealing. im March, 1869.] WHEREAS it is expedient to make provision for the better preamble, protection of Cattle, and for the better prevention of Cattle Stealing: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. From and after the passing of this Ordinance, any Justice of Eestitution of stolen the Peace, upon complaint or information on oath that any Cattle awarde™^^ ^^ suspected to have been stolen is in the possession of any person, may issue a summons to such person, requiring him to appear at a time and place mentioned in such summons, before the Justice of the Peace issuing such summons, or, in the discretion of such Justice, may issue a warrant in the first instance to apprehend and bring such person before such' Justice of the Peace, and also it such Justice shall think fit, may issue his warrant to any Constable, commanding him to seize any such Cattle suspected to have been stolen, and detain the same until such information or complaint shall have been disposed of, and if on the appearance of such per- son so summoned or apprehended, or on proot of the service of such summons personally, or by leaving the same at the usual or last known place of abode of such person two days before he was re- quired to appear, it shall seem to such Justice, after hearing- evidence on oath or affirmation, that such Cattle was stolen, it shall be lawful for such Justice to determine to whom such Cattle belong, and to adjudge such person to be the owner thereof and to issue a warrant under his hand and seal to any Constable of the said Colony, commanding him forthwith to seize such Cattle where- soever the same may be found, and to restore and give peaceable possession thereof to the person so adjudged to be the owner as aforesaid. Provided, always, that nothing herein contained shall be construed or taken to discharge any person from any criminal prosecution for felony to be afterwards brought against such per- son, or to prevent the Justice committing such person for trial, or to deprive any person of any right he may have, or might have had before the passing hereof. 2. If any witness shall prove on oath before any Justice of the „ „ - ■' . •■ ./ Penalty for possej- Peace that there is reasonable cause to suspect that the skin or sion of skin or car- carcass of any Cattle stolen from any person is concealed in any "*^^ of stolen cattle. dwelling-house, or other place, it shall be lawful for such Justice to issue a warrant directing any Constable to search such dwelling- 3T1 pio. 114.1 tklih [32 V10T.J, A.I>. 186&. Penally for fraudu- lently branding cattle. Imprisonment for non-payment of fines. Proceedings in & sammary way. iiouse or place,"ancl if tTie skin or carcass of any Cattle, or any part thereof, so suspected to have been stolen, shall be found in the possession of any person in or at such dwelling-house or other place specified in such warrant, with Ms knowledge, it shall be lawful for any justice before whom such person shall be brought (unless such person shall satisfy the said Justice that he came lawfully by the sameV to commit such person to the nearest gaol or lock-up in "Nvhich he can be conveniently confined, in order that he may be brought forward for trial at the next sitting of the said Justice the Peace (unless he enter into such bail with one or more sufficient securities as may be required for his appearance before such Court, which bail any Justice is hereby authorized and required to take), and if such person sO apprehended after proof upon oath of such finding of such skin, or carcass, or any part thereof as aforesaid, shall not satisty the Justice sitting in open Court that he came lawfully thereby, he shall forfeit and pay any sum not exceeding two hundred and fifty dollars, together with the charges previoua to and attending his conviction. 8. Any person wilfully and fraudulently branding or marking, or attempting to brand or mark, or being directly or indirectly concerned in branding or marking, with his own or another person's brand, stamp, or mark, any Cattle not belonging to himself, with- out the consent ot the owner of such Cattle, shall, on conviction thereof upon information under oath in a summary manner before any Justice Of the Peace of the said Colony, be punishable for evety such offence with a fine not exceeding two hundred and fifty dollars, leviable as hereinafter mentioned, and for a second offence by a similar fine letiable in like manner, with or without hard labour, not exceeding six months, in the discretion of the convict- ing Justice. 4. tTpon non-payment of any fine, forfeiture, or penaltj', or non- compliance with any order or adjudication under this Ordinance, either immediately or within such period after the conviction as such Justice at the time of such conviction shall appoint^ and where no mode of proceeding is hereby prescribed, such Justice shall commit the person making default in payment or not complying with such order or adjudication, to any gaol in the said (colony, with or without hard labour, in the case of non-payment of any sura, for any period not exceeding three months, where such sum remain- ing unpaid shall not exceed fifty dollars ; four months where the said sum shall exceed fifty dollars and not exceed one hundred dollars ; and six months where the said sum shall exceed one hun- dred dollars, unless the said sums shall be sooner paid ; and in case of non-compliance with any order or adjudication as aforesaid, for any period not exceeding six months. 5. All proceedings under this Ordinance shall be had and taken 372 |;32 Vict.] Cattle. t^o. 114.] in a summary way, and no informatlottj Unless in cases Hereby A.D. 1869. specially required, shall be necessary previous to the issuing of a -— ' summons; and no information, or warrant, conviction, commit- ment, or other proceeding before or by any Justice of the Peace for any c^ence under this Ordinance shall be quashed, or set aside, or judged void, or insufficient for want of form, or be moved by certiorari or otherwise into either of the Supteroe Courts in the said Colony, s&ve in any case where the value or amount of any Cattle of which any person may be ordered to make restitution, or of any sum, fine, or penalty, or forfeiture which any person may be ordered to pay shall exceed fifty dollars, in any information, sum- mons, warrant, conviction, commitment, or other proceeding, for any offence contrary to this Ordinance, it shall be sufficient if the offence be stated in the words thereof declaring the offence, and in all proceedings under this Ordinance the informer or any party prosecuting shall be deemed a competent witness. 6. All fines, forfeitures, and penalties imposed by this Appropriation of Ordinance, shall be paid to Her Majesty, Her heirs and penalties, successors, for the public uses of the said Colony, and in sup- port of the G-overnment thereof; provided, always, that the con- victing Justice may at hie discretion award any portion not excesd- ing one moiety of any fine, forfeiture, or penalty for the use of the informer or party prosecuting. 7. iN'o consideration or damages for breach of contract, or other- jj^ damage for wise, shall be recoverable under any contract for the sale of any breach of contract Cattle unless such sale shall have been made by bill of sale or contains descriptioa memorandum in writing, and in the margin or body thereof there °^ brands. shall have been inserted at the period of making thereof the par- ticular brands or marks upon each of the cattle included in such sale ; provided, always, that this Section shall not apply to any portion of the Colony other than that formerly known as Vancou- ver Island and its Dependencies. Every person keeping and using brands for branding cattle shall Brands to be regls- register the same with the Magistrate of the District, by leaving a *®''**^- transcript of such brand upon a board with such Magistrate, who shall keep a record of all such brands in a book kept for that pur- pose, to be at all times open to inspection on payment of a fee of twenty-five cents. No two persons shall have and use similar brands in the same No two porsons to District; and in case any person shall have registered a brand, and ^^^^ ^imii ir brands. some other person shall use, within the same District, a similar brand, the Magistrate shall have power to compel the person so using a brand as aforesaid to alter the same in some particular ; and in case of such person refusing or neglecting to obey the order of the said Magistrate, the said Magistrate shall have power to impose a penalty not exceeding fifty dollars for each offence. S73 [No. 114.] Cattle. [32 VioT.] A.D. 1869 Fees for registration. Action against Justices. Penalty for posses- sion of brands other than those registei- ed.. Inspeetien of hides. l^naMesv laterpretation of' terms. Suspending clause. SlJ.oit Title. A fee of twenty-five cents shall be taken for each registration of brands. 8. 1^0 action at law shall lie against any Justice of the Peace for any matter or thing done, or commanded to be done by him, fn pursuance of the provisions of this Ordinance, unless there be proof of corruption or malice, and unless such action be commenced within three calendar months after the cause of action or complaint shall have arisen, and if any Justice shall be sued for any matter or thing done in pursuance of this Ordinance, he may plead the general issue and give the special matter in evidence. 9. If any person is found in possession of other than his own registered brand or brands used for .the purpose of obliterating: existing brands, it shall be prima facie evidence that he is in posses- sion of the same for cattle stealing purposes; and upon conviction thereof, summarily before a Magistrate, he shall be liable for each offence to the same penalties, recoverable in the same manner, as provided in clause 3 in case of unlawful branding. 10. It shall be lawful for the Stipendiary Magistrate of any Dis- trict in the Colony, or, where none such exists, for any Justice of the Peace of the Colony, at any time or from time to time^ by any writing under his hand, to authorizie any Constable or other person or persons to inspect the hides of all Cattle killed or brought to any Butcher's shop or slaughter-house, or other place used for the tiinei being for killing any Cattlej and no Butcher or other person killing: Cattle shall remove the skin or skins of any Cattle he may kiE from the house or place where the same shall have been killed, or remove or disfigure any brands or marks on any such skin, but shall keep the same skins, so undefaced and undisfigured,. at all times freely open to inspection by any Constable, Officer, or person so appointed as, aforesaid to inspect, for the space of at least eight days from the day on which any such Cattle shall have been killed. Any person or persons impeding or interfering with any Constable, Officer, or other person so inspecting, shall be liable, upon convic- tion thereof summarily before a Justice of the Peace, to the sama penalties, recoverable and enforceable on default, in exactly the. same manner as is hereinbefore appointed ia respect of the penalty imposed for the unlawful branding of Cattle. Provided,, always,, that this section shall not apply to any portion of the Colony other than that formerly known as Vancouver Island and its Dependencies. tl. In the construction of this Ordinance the word "Cattle" shall extend to and include horses, mares, fillies, foals, geldings,, colts,, bulls,, bullocks, cows, heifers, steers, calves, sheep,, mules, and assea. 12. Provided, that this Ordinance shall not take effect until Her: Majesty's approval thereof shall have been published in this Colony. 13.. This Ordinance may be cited for all purposes as the "Cattifl; Ordinance, 1869." ax4 ~ ■■ [32 Vict.] Sipmdiary.— Partnership pfos. 115 & 116.] No. 115. An Ordinance respecting Stipendiary Magistrates. A.B. 1869. [10th March, 1869,] TI7HEKEAS it is expedient to declare tlie powets and authorities preamble, of Stipendiary Magistrates in the Colony: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. Every Stipendiary Magistrate appointed, or to be appointed, Powers of Stipeadb in or for the Colony of British Columbia, or any part, Town, or ^"^ ^^^^^^*^' District thereof, shall have, and be deemed to have had, full power, authority, and jurisdiction to do alone, within the limits of his Com- mission or other authority appointing him in that behalf, all and whatsoever is, or may be, authorized to be done by any one or more Justice or Justices of the Peace in and for the said Colony, or any part, Town, or District thereof, under or by virtue of any Law, Statute, or Ordinance which shall for the time being be in force in the said Colony; and every such Magistrate shall, while acting as such- within the limits of the District or other territorial division of this Colony, for the time being or from time to time assigned to him by his Commission, or other authority in that behalf from the Governor, or the Officer for the time being administering the Government, have and take rank and precedence before all other Justices of the Peace whatsoever, except Justices of Assize, or Judges of any Supreme Court in the Colony. 2. This Ordinance may be cited for all purposes as " The Stipen- Short Title, diary Ordinance, 1869." No. lie. An Ordinance to amend the Law of Partnership. A.B. 1869. [lOih March, 1869.] WHEREAS it is expedient to amend the Law relating to Part- Preamble, nership ; Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:-^ 1. The "Partnership Act, 1866," of the former Colony of Van- " Partnership Act> couver Island, is hereby repealed; provided, however, that such vf^'existtngr^'hw' §75 [No. 116J Fartnership. i2S. Vicr.J A.D. 1869. Advance of money on contract to re- ceive a share of pro- fits not to make tender a pajrtner. repeal shall not invalidate any acts or things done, or affect any rights acquired thereunder. 2. The advance of money, hy way of loan, to a person engaged or about to engage in any trade or undertaking upon a contract in writing with such person that the lender shall receive a rate of Interest varying with the profits, or shall receive a share of the profits arising from carrying on such trad« or umdertaking,, shall not of itself constitute the lender a partner with the person or per- sons cairrying on such trade or undertaking, or render him respon- sible as such. J Remuneration of ^' No contract for the remuneration of a servant or agent of any agents, &c., by flhare pigrsoTi engaged in any trade or undertaking by a share of tb& make them partners, profits t)f such trade or undertaking, shall of itself render such servant or agent responsihle as a partner therein, nor give him the' rights of J)artni6r, 4. No person being widow or child of the deceased partner of a trader, and receiving by way of annuity a portion lof the profits- made by such trader in his business; shall, by reason onlj of such receipt, be deemed to be a partner of or be flubject to ai^ liafeilities incurred by such trader. 5. No person receiving, by way of annuity or otherwis'e, a portion of the profits of any business, in consideration of the sale by him of the go&d-will of such business, shall, by reason only of each receipt, be deemed to be a Partner of, or be subject to the 'liabilities of, 'the person carrying on such business. 6. in the event of any such trader aforesaid being adjudged a Bankrupt,, or taking the benefit o^any Act for the relief of Insolvent Debtors, or enteriHg into an arrangetnent tO) pay hie creditors kss than one hundred cents in. the dollar, or dying in Insolvent circum- stances, the lender of any such loan as aforesaid shall not be entitled to recover any portion of his principal or of the profits or interest payable in respect of such loan, nor shall any such vendor of a good- will as aforesaid be entitled to recover any such profits as aforesaid, until the claims of the other creditors of the said trader for valuable consideration in money or money's worth have been satisfied. 7^ In the construction of this Ordinance the word, "person" shall include a Partnership Firm, a Joint-stock Company, and a Corpor- ation. 8. This Ordinance may be cited for all purposes as "The Partnership Ordinance, 1869.." Certain annuitants not to be deemed partners. Receipts of profits tn consideration of sale ot a good-will not to make seller a partner. In case of bankrupt- cy, &c., lender not to rank with, other creditors. Haterpretation of ''person." SliDrt Titlei. am [32 Vict.] Volunteer. PTo. 111.] No. 117. An Ordinance to establish a Volunteer Force. A.D. 186?- iQtft March, 1869.J TT7HEREAS it is expedient to encourage the establishment of Preamble. Volunteer Forces in the Colony of British Columbia: Be it enacted bj the Governor of British Columbia, with the advice and consent of the Legislative Council thereof,[as follows : — > 1. The Governor shall, by virtue of his office, be Commander-in- Governor to be Com- Chief of the Volunteer Force of the Colony. mander-in-Chief. 2. It shall be lawful for the Governor, on behalf of Her Majesty, volunteer Corps from time to time to accept the services of any persons desiring to ^°^ formed, be formed under this Ordinance into a Volunteer Corps, and on such acceptance, the proposed corps shall be deemed lawfully formed under this Ordinance as a corps of the Colony; and all Volunteer Corps may be disbanded from time to time, and re- organized by authority of the Commander-in-Chief, as may in his opinion best tend to further the purposes of this Ordinance and the public good. 3. All arms shall be supplied by the said Colony to the non-com- Arms, missioned officers and privates of the Volunteer Force, and for these the Commanding Officer of the Crops shall be responsible; and the said arms shall be renewed and kept in repair at the expense of the Colony, when it becomes necessary on account of wear in service. Sufficient ammunition also shall he supplied for practice at the expense of the Colony, as the Commander-in-Chief may direct. 4. Every Volunteer Corps shall be officered by persons commis- How officered, sioned by the Governor of the Colony, on behalf of Her Majesty, and a Commission so granted shall not be deemed vacated by the revocation or other determination of the Commission by which such Governor was appointed; and Officers of the Volunteer Force shall rank with Officers of Her Majesty's Regular and Militia Forces, as the youngest of their respective ranks. 5. The establishment of each corps formed under this Ordinance, Regulations, and the general regulations for its management, shall be in accord- ance with the regulations of the Volunteer Force of Great Britain, as from time to time officially published and obtainable in the Colony. 6. S'o person shall be an Officer of the Force unless he is one of officers British aub- Her Majesty's subjects. jects. 377 [No. 117.1 Volunteer. [32 Vict.] A.D. 1869. Oath of Allegiance. Beaignation. AetiTe Service. Belease by Procla- mation. How ofBcered when on active service. 7. Every officer shall on receiving his commission, and every Volunteer) shall on his enrolment on the muster roll of his corps, or in either case as soon afterwards as he is called upon to do so by his superior officer, take the oath set forth in the Schedule to this Ordinance, before, either the Grovernor, any Judge, Magistrate, or commissioned Officer of the Corps, who has himself taken the said oath. 8. Except when on, actual military service, any volunteer may quit his corps on complying with the following conditions, viz.: — (1.) Giving to the Coriimanding Officer of his company fourteen days' notice, in writing, of his intention to do so: (2. Delivering up in good order, fair wear and tear excepted, all arms, clothing, and appointments, being public property or property of the corps issued to him : (3.) Paying all money due or becoming due by him under the rules of the corps, either before, or at the time, or by reason of his quitting it. And, thereupon, he shall cease to be a member of the force, and shall be entitled to be struck out of the muster roll thereof by the Commanding Officer, who shall thereupon furnish him with a certificate of discharge. 9. The Commander-in-Chief may call out the Volunteer Force, or any part thereof, for military service whenever it is in his opinion advisable to do so, by reason of actual or apprehended invasion of or insurrection in any part of the Colony; the occasion to be notified by Proclamation under his hand and seal. Every officer and volun- teer so called out, shall be bound to assemble as the Commander- in-Chief directs, and to march or proceed according to orders within the Colony; and from the time of his corps being so called out, shall be deemed on actual military service. If any such officer or volunteer, not certified by proper authority to be incapacitated by infirmity for military service, or specially exempted by the Commander-in-Chief, refuses or neglects so to assemble and march, he shall be deemed a deserter. 10. After the Volunteer Force, or any part thereof, has been called out for actual military service, it shall only be considered released therefrom by a Proclamation of the Governor, declaring the occasion of need having passed, and before any Volunteer Corps is so released it belongs. 11. When volunteers are on actual military service, the Governor of the Colony may put them and their officers under the command of a General or Field Officer of Her Majesty's Army, senior in rank to every Officer of the Volunteer Force so put under command; but so, nevertheless, that the volunteers put under such command, and while under it, shall be led by their own officers; and all volunteer 378 shaR be brought back to the place to which it [32 Vict.] Volunteer. [Ko. 117.] officers and volunteers, when called on for actual military service, a.D. 1869- shall be subject to the provisions of the Mutiny Act, the same as — the officers and soldiers of Her Majesty's Army. 12. The Commanding Officer of a Volunteer Corps may discharge May be discharged from the corps, when not on actual military service, any volunteer, ^°'^ misoonduct. and strike him out of the muster roll, either for disobedience of orders by him, or for neglect of duty, or misconduct by him as a member of the corps, or for other cause sufficient in the judgment of the said Commanding Officer; the volunteer so discharged shall deliver up in good order, fair wear and tear excepted, all arms, clothing, and accoutrements, being public property, or property of his corps, issued to him ; and shall pay all money due or becoming due by him under the rules of his corps, either before, or at the time, or by reason of his discharge ; provided, that no such dis- charge shall be made until the decision of a Court of Inquiry, to consist of two commissioned officers and one non-commissioned officer, shall have been given to that effect; but nothing herein contained shall prevent the Governor, on behalf of Her Majesty, from giving such directions with respect to any such case of dis- charge, and, if need be, reversing the same, as to the Q-ovemor may appear just and proper. 13. If any Officer or Volunteer while under arms, or on march. Liable to be placed or doing duty with the corps to which he belongs, or while wearing ^^^^^ arrest, clothing or accoutrements of his corps, and going to or returning from any place of exercise or assembly of his corps, disobey any lawful orders of any officer under whose command he then is, or is guilty of misconduct, the officer then in command of the corps may order the offender if an officer into arrest, and if not an officer into the custody of any volunteer belonging to the corps; but so that the offender be not kept in such arrest or custody longer than during the time of the corps then remaining under arms or on duty. 14. The officers and volunteers belonging to a Volunteer Corps jf^ m^ke rules for may, from time to time, make Rules for the management of the management of property, finances, and civil affairs of the corps, and may alter and "'"^^^" repeal such rules : and any such Rules transmitted to the Governor by the Commanding Officer of the corps, and approved of by him, on behalf of Her Majesty, shall be binding on all members of the corps, and a copy of such rules, either in print or writing, or both, certified to be a true one by the Commanding Officer, shall be con- clusive evidence of the Rules of the corps. 15. All money subscribed by or for the use of a Volunteer Corps, Powers of Com- and all effects thereto belonging, and the exclusive right to sue for manding Officer over and recover current or past due subscriptions, and any other money due to the corps, and all lands or buildings acquired by the corps, shall rest in the Commanding Officer of the corps for the time being, and his successors in office, with power for him or them to 379 P^o. 117.] Volunteer. [32 Vict.] AD. 1,869. ^"^ ^"^^ make contracts and conveyances, and do all other lawful — things relating thereto ; and any civil or criminal proceeding taken by virtue of the present Section, by the Commanding Officer of any corps, shall not he discontinued or abated by his death, resignation, or removal from office, but may be carried on by and in the name of his successor in office. Recovery of sub- 16. If any person belonging or having belonged to a Volunteer Bcriptions and fines. Q^yp^ neglects or refuses to pay any money subscribed or under- taken by him to be paid towards any of the funds or expenses of said corps, or pay any fine incurred by him, under the rules of the corps, such money or fine shall be recoverable from him with costs in a summary way, on the prosecution of the Commanding Officer before a Stipendiary Magistrate, or one or more Justices of Peace, having jurisdiction where the offisnce was committed or where the offender may be, and any penalty so recovered shall he paid to the Commanding Officer, and applied by him as part of the general fund of the corps. Penalty for making 17, If any person designedly, makes away with, sells, pledges, awaywi supp les. ^pQ^gf^^iy ijestroys. Wilfully damages, or negligently loses any thing issued to him as a volunteer, or wrongfully refases or neglects to deliver up on demand of the Commanding Officer, anything issued to him as a volunteer, the value thereof shall be recoverable from him with costs, with a penalty of not exceeding twenty dollars in the manner prescribed in the foregoing clause. Penalty for buying 18. If any person knowingly buys or takes in exchange from " supplies. g^j^y. volunteer, or any person acting on his behalf, or knowingly assists or acts for any volunteer in selling, or has in his possession or keeping without satisfactorily accounting for, any arms, clothing, or appointments, being public property, or property of any Volun- teer Corps, or any public stores or ammunition issued for the use of any such corps, he shall be liable to a penalty not exceeding one hundred dollars, with imprisonment for any term not exceeding three months, on conviction of such offence by any Stipendiary Magistrate. Penalty for dama- ^^' ^ ^^y person wilfully commits any damage to any butt or ging butts. target belonging to or lawfully used by any Volunteer Corps, or without the leave of the Commanding Officer searches for bullets in or otherwise disturbs the soil forming such butt or target, he shall for every such offence be liable, on prosecution by the Com- manding Officer, to a penalty not exceeding twenty dollars. Recovery of penal- 20. Any penalty or fine imposed or made recoverable under this Ordinance, may be recovered in a summary way before any Stipen- diary Magistrate having jurisdiction within the Colony. Pensions. 21. Every officer of a volunteer Corps, and every volunteer dis- abled on actual military service, shall be entitled to a pension of 380 [32 ViOT.] VolmUer. [Ko. 117.] three hundred dollars per annum for his life ; and the widow of _4.d, iggg. such officer or volunteer killed in actual military service shall be — entitled to a pension of three hundred dollars per annum during widowhood; every such pension to be a charge on the Public Revenue of the Colony. 22. There shall be paid out of the General Revenue of the Colony public allowances to the Commanding Officer of every Volunteer Corps of not less °^ money, than thirty enrolled members, for the expenses of the said corps, a sum of money to be reckoned as follows : — (a.) For every member of the corps who has been certified as an effective member (according to the Regulations of the Volun- teer Forces in Great Britain from time to time officially pub- lished) an annual sum of five dollars : (6.) For every member of the corps who has, in his annual class shooting, attained the rank of "marksman," an annual amount of ten dollars : (c.) And on the first establishment of any Volunteer Corps of not less than thirty members, the Governor may grant a sum not exceeding five hundred dollars, for the preliminary ex- penses of such establishment. 23. The provisions of this Ordinance shall be applicable to any ordinance appiica- corps now in actual existence and service, and whose services have ^'® *° *°y existing corps. been regularly accepted prior to the passage of this Ordinance, by the Governor of the Colony, subject to Her M^esty's approval; and the rules of such corps submitted in accordance with this Ordinance for approval of the Governor, are declared binding; and all com- missions of officers of such corps provisionally granted or recognized by said Gov©rnor,~and now existing unrevoked, are by tbis Ordi- nance affirmed, 24. The term "volunteer" shall mean a non-commissioned interpretation of officer or private belonging to a Volunteer Corps; and the term terms, "corps" shall for the purposes of this Ordinance mean any Battery, Troop of Cavalry, Artillery, or Rifle Company, or any two or more Batteries, Troops, or Companies united for Military purposes; the word " Governor" shall mean the Governor of the Colony of British Columbia, or other the person for the time being [lawfully acting as such Governor. 25. This Ordinance may be cited for all purposes as the " Volun- „,. „ tear Ordinance, 1869." Short Me. 381 A.D. 1869. [No. 118.] Mood. SCHEDULE. [32 Vict.] "I, A. B., do solemnly and sincerely promise and swear, that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors, and that I will faithfully serve Her Majesty, Her heirs and successors, in the Colony of British Columbia, for the defence of the same against all Her or Their enemies and opposers whatsoever, according to the conditions of my service." A.D. 1869. Amended by No.l40. Preamble. Bepeala former Acts, Boad Districts. No. 118. An Ordinance to provide for the maintenance, improvement, and construction of Koads in British Columbia. [M March, 1869.] WHEREAS it is expedient to make better provision for the maintenance, improvement, and constraction of Roads in the Colony of British Columbia : — Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:— 1. From and after the passing of this Ordinance, the "Road Act, 1860," and the "District Road Amendment Act, 1866," of that part of the Colony formerly known as the Colony of Vancouver Island and its Dependencies, shall be and are hereby repealed; save and except as to any taxes accrued, due thereunder, or to any pains, penalties, or forfeitures incurred, or Uable to be incurred, under the said Acts. 2. For the purposes of this Ordinance, the following Eoad Districts shall be created and established, namely : — (1.) Esquimalt Town Road District: (2 ) Esquimalt and Metchosin Road District: (3.) Victoria Road District: (4.) Lake and Saanich Road District: (5.) Nanaimo Road District: (6.) Cowichan Road District: (7.) Salt Spring Island Road District: (8.) Comox Road District. and all such Road Districts as shall hereafter be created under the provisions of this Ordinance. 382 {32 Vict.] Boad. [No. 118.] 3. The boundaries of the Esquimalt Town Eoad District shall a.D. 1869. include that portion of land bounded by Esquimalt Harbour to the Bg^j^aari^of Es- North, Eoyal Bay to the South, Section XI. on the Official Map of quimait Town Edad the District to the South-east, Sections X. and XXVI. on tlie said '^"*"'=*- Map to the lif orth-east. [4. The howidaries of the Esquimalt and Metchosm Road District shall he Repealed by No.l40. those laid down on the OffiaM Map as the homda^ies of EsquimaU District, [^Eiqmmalt and Met- Metchosin District, and SooJee District respectively. "^ » 5. The boundaries of the Victoria Eoad District shall be' those Victoria, laid down on the Official Map as the boundaries of the District of Victoria, excluding such portion of that District as is included within the limits of the Municipality of the City of Victoria, [6. The hoimdaries of the Lake and Saanich Road Districts shaU he those EepealedbyNo.140; iaid down on the Official Map as the houndaries of the Lake Distrtct, and i^'^^' "'^ Saamch.J North and South Saanich Districts, and Highland District."] 7. The boundaries of the IN'anaimo Eoad District shall be those Nanaimo. laid down on the Official Map as the boundaries of Kanaimo Dis- trict, and shall include the Districts of Mountain, Cranberry, Cedar, and Douglas, according to the boundaries so laid down as the boundaries of such Districts respectively. 8. The boundaries of the Cowichan Eoad District shall be those Cowichan. laid down on the Official Map as the boundaries of the Cowichan District, and shall include the Districts of Shawnigan, Quamichan, Somenos, Chemainus, and Comiaken, according to the boundaries so laid down as the boundaries of such Districts respectively. 9. The boundaries of the Salt Spring Island Eoad District shall Salt Spring island. include the whole of the said Island. 10. The boundaries of the Comox Eoad District shall be the oomox. boundaries of the Comox District as laid down on the Official Map of the said District. 11. The City of Victoria shall also be a Eoad District, and the City of Victoria to annual tax payable within that District, under this Ordinance, shall ^^ ^ ^°^^ District. be assessed, levied, and collected by the Municipal Council of the said city, in the manner by this Ordinance provided, and shall be expended by such Council in the maintenance, construction, and improvements of the streets, side-walks, thoroughfares, bridges, and approaches thereto, and for the purposes of drainage, within the said City Eoad District, and for no other purposes whatsoever. 12. The Grovernor may, upon petition from two-thirds at least of Governor upon pe- the residents of any portion of British Columbia, create by Procla- 1!*'°?.^*^ "^^'^^^ iTin-i^ ^ , .. Road Districts ; mation, published m the Government Gazette, such portion into a Eoad District, with such boundaries as upon such petition shall seem to him meet ; provided, always, that prior to so creating a new Eoad District upon petition as aforesaid, the Governor shaU 383 l[No. 118.] Boad, [32 VicT.J A.D. 1«69. And May vaty and alter boundaiies. cause nDtace of the receipt aod purport of sii«h petition to be pub- lished foir one moniil in the Government Gazette. 13. The Governor may, upon petition from the residents and land ownets, or any portion thereof, in any Koad Districrt, either now created or hereafter created under the provisions of this Ordi- nance, from time , to time, by Proclamation, piublished in the Government Gazette, vary and alter the boundaries of any sueh District, or subdivide, such District into two or more Road Distriotl, in such manner as upon such petition, shall seem to him meet; provided, always, that notice of the receipt and purport of any such petition shall be published for one month in the Government Gazette, prior to fiaal action being taken therein by the Governor. Repeated by No. 140. [14. Every male person above eighteen years of age resident at the period of [ Who to be astessed, assessment as hereinafter described, in any Mood District created or which may and amoun .J j^ created wider the provisions of this Ordinance, and every person not restdeut but possessed of any interest in any reed estate in ar^y of the said Road Districts, shaUpay an annual tax of the sum of two dollars, and if any person', inhdhm- resident or non-resideat, shall be possessed of any greater interest in any nal, estate in any of the said Road Districts than of §ie extent often acres, §ien, emery such person shall pay for every additioncd acre, or portion of an cure, above ten acres, a further annuod tax of Jour cents for each acre or portion of an acre.'\ Compounding by 15. It shall be lawful foT any person liable to assessment for years^ix!^* °^^^'' Uoadpui^oses Under this Ordinance, from time to time ox at any time, to compound for the Hoad Tax which such person fihall be required to pay for not exceeding five years from the date of snch composition, by prepayment of the amount of Road Tax which may be accruing due during the period of such composition, or any portion thereof, and the Collector shall be and is hereby empowered to receive, and account and give proper acknowledgments for the same, in account with such persons for their Road Tax ; but such composition shall not extend to the Road Tax for which any person so compounding may become liable in respect of land acquired subsequently to the date of such composition. Appointment of Collectors. Tbeir duties. 16. The Governor shall from time to time appoint one or more persons to act, during pleasure,' as Collector or Collectors in each Road District created under the provisions of this Ordinance, and may require from such person or persons such security as he may think fit; provided, always, that in the City of Victoria Road Dis- trict the Municipal Council of the City of Victoria, by any officer appointed by them in that behalf, shall be the CoUectars. 17. It shall be the duly of the Collector, on or before the first day of May, 1869, and afterwards between the firat day of January, and the first day of February in each year, to make out a list of all persons who may be liable to pay Road Tax for the year, wrthin the District or portion of the District for which he ads, including 384 [32 Viox.] Mood. [No. 118.] in sucli list the names of land owners, as well as the names of per- ^.d. 1869. sons not land owners, but resident within the District or portion of - — the District as aforesaid, at the time of the Collector making his aiasessment, together with the amount of Tax for which each person is liable under the provisions of this Ordinance; and the Collector shall give notice by writing, exhibited and posted up in two or more conspicuous places within his District, and by advertisement in the Government Gazette, of some place within his District or the portion of the District for which he acts, where such list is deposited and can be inspected, and such notice by way of adver- tisement shall be good and sufficient notice to all persons interested therein, and such list shall be open to inspection by all persons from time to time and at all reasonable hours, free of charge. [18. If am/ person so assessed as aforesaid, shaUfeel aggrieved hy reason of Repealed by No.l40. heing assessed, or hy reason of the amount at which he is assessed, he may, [Appeal.1 either by himself or by his agent, within one month after the first publication of the notice as aforesaid, appeal against such assessment to any Stipendiary Magistrate, or two Justices of the Peace, who may either confirm, amend, or disallow such assessment, according as the circumstances of the case shall require, and his or their decision shall thereupon be final."] 19. On and after the first day of June in the current year, and Times for collection, afterwards on and after the first day of April in each year, the Collector shall collect the Road T^x from each .person liable to pay the same within his District, or portion of the District for which he acts, and the Collector shall as soon afterwards as may be, pay over jjlfc wouat to the Treasurer of the Coloiuy, or to such other person as the Governor may direct, or in the case of the Victoria City Road District, to the Municipal Council of such City- 20. The Governor, and in case of the Victoria City Road District, salary by Corpora- the, Municipal Council thereof, may allow the Collector such per- v?ctoria^Oity*DiJ-' centage upon the amount of his collection as may seem reasonable trict. and just, not hlowever in any case exceeding ten per cent, upon the gross amount collected in any one year, and the Governor, or Municipal Council respectively, may further allow such additional sum, by way of expenses, as may be necessary and reasonable for the purpose of carrying out the provisions of this Ordinance. 21. The net amount of Road Tax collected in each District, shall Taxes expended be expended from time to time, in such manner as the Governor, "^^^^^ collected. or in the Victoria City Road District, as the Municipal Council tiiereol may direct, within the District in which it has been col- lected, in the maintenance, improvement, and construction of highways within such District; provided, always, that in the case of the Victoria City Road District, the Road Tax shall be expended as bgreinbefore provided. [22. Any Tax due under the provisions of this Ordinance, which shall wo* Repealed by No.l40. iepsH within thirty days of <^ period when it becomes due, may be recovered [J'?*es how recover- 385 "^-^ [No. 119.] [32 Vict.] A.D. 1869. Repealedby No.l40. [Arrears to bear in- terest, and be roistered.'] Short Title. tiiith costs, at the suit or instance of the Collector, in a sv/mmary manner, before any Stipendiary Magistrate, or two Jnstnces of the Peace, such amount to be levied by distress vjpon the goods and chattels, wherever they may be fmmd, of the person liable to pay the said Tax, and for the purposes of this Ordinance all trees and timber, whether severed or unsevered, shall be deemed to be goods asnd chattels.'} [23. In case of insufficiency of any such distress, the Magistrate or JmUeet aforesaid, may make am order to cause the amount so adjudged due or thm remmning due, together with the costs of proceeding, to be paid within, seven days, and thereupon and thenceforth the same shall carry interest at the rate ofagh- teen per cent, per annum, until pa/id and satisfied, AM orders so made a* aforesaid, shall he transmitted to and filed of record with the Land Registry Office.} 24. This Ordinance may be cited for all purposes as the " Road Ordinance, 1869." A.D. 1869. Preamble. No. 119. An Ordinance respecting the practice of Surgery, and for the encouragement of the Study of Anatomy. \\\th March, 1869.] WHEREAS it is desirable to encourage the Study of Surgery and Anatomy in this Colony: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as foIlow&:— What bodies may 1. That the body of any person found dead, publicly exposed, or dissection. ^*° ^ "^^ who immediately before death had been supported in and by any Public Hospital receiving pecuniary aid from the Governmentfof this Colony shall, unless the person so dying otherwise directs, be delivered to persons qualified as hereinafter mentioned, for the purposes of dissection. But if such body be claimed within the usual period for interment by bona fide friends or relatives, the body shall be delivered to them; or if the person otherwise directed as aforesaid before death, the body shall be decently interred, » heretofore. Declares TThoare en- 2. The persons qualified to receive such unclaimed bodies, shall «t^d to receive the ^^ ^^^-^ Medical Practitioners as are duly qualified to practise, and are, at the time of the passing of this Ordinance, or here3fter,*s be actually practising under the provisions of "The Medical Ordi- nance, 1867," who may require such bodies for dissection, either for their own improvement or the instruction of any Student or Students under them, or to the teachers of Surgery and Anatotti a86 [32 Vict.] AnaUmy. [No. 119.] in any public or private Sqhool, College, Society, or Faculty of ^.d. i869. Medicine or Surgery, that may hereafter be established in this — Colony. 3. That the person in charge of any and every such Public Hos- Description of un- pital as aforesaid, and the Coroner of each District, shall forward to Jfor'diMe'ctiOT to the Medical Registrar of the Colony the name, age, sex, birthplace be sent to Medical (if it can be ascertained), and date of death of all unclaimed bodies given up by them respectively, for dissection under this Ordinance, within one week from the time of giving up such bodies as afore- said. 4. It shall be the duty of the said Medical Registrar to enter in a Medical men entitled book to be kept for that purpose by him, the name and residence t°e regtlered'by the of all Medical Practitioners qualified to receive and desirous of Medical Registrar, receiving bodies for dissection ; and, also, to enter from the Returns forwarded to him by the person or persons in charge of the Public Hospitals, and of the Coroners, in a Register to be kept for that purpose, the name, age> sex, birthplace, and date of death of all persons mentioned in such Returns, with the name and place of residence of the Practitioner to whom the body was delivered as aforesaid. 5. That such Returns, Book, and Register shall be open at all Provides for refer- reasonable hours for the inspection of any Medical Practitioner ^""^ *° Register. who may desire to inspect the ■ same, on payment of a fee of fifty cents for the use of the Medical Registrar. 6. That the person or persons in charge of the Public Hospitals Bodies to be impar- as aforesaid, and the Coroners, shall make an impartial distribu- *'*^'y distributed, tiou of the bodies, in rotation, according to the actual wants of the claimants. 7. That on delivery of every such unclaimed body as aforesaid. Receipt to be given the person or persons in charge of the Hospital, or the Coroner, as *^°3^i^°*^' *'^'**** the case may be, shall take from the Medical Practitioner receiving the body a receipt in the Form A. in the Schedule to this Ordi- nance ; and such Practitioner shall pay the sum of ten dollars to the person from whom he receives the body, and take a receipt therefor in the Form B. in the said Schedule; and such sum shall in every case be applied towards the support and maintenance of the PubUe Hospitals in the Colony. 8. The Coroner who presides at the Inquest on any body found coroner may give publicly exposed, and unclaimed by bona fide friends or relatives, unclaimed body to be dissected shall deliver up the body to any Medical Practitioner (on applica- tion by him) duly qualified to receive the same under this Ordinance. 9. That every Medical Practitioner wishing to avail himself of Medical Practition- the benefits of this Ordinance shall appear before the Medical «rs availing them- T>. oi/^i -1.1 -, • • ^ • M3 selves of this Ordi- Kegistrar of the Colony, or his deputy, and give security, himself nance, to give secu- in the sum of one hundred dollars, and two sureties in the sum of ^^l^^°J. ^^^^'^^^ ^*- 387 pS"o. 120.] avU' Procedure. [32 Vlci.] A D 1869 ^^ dollars eachy for the decent interment of the bodies after they — hate served the purposes required. Short Title. 10. This Ordinance may be cited for all purposes as the "Anato- my Ordinance, 1869," SCHEDULE, FOEM A, Eeceived from i^Coroner or the person, ^c, ^c.,] the body of [name, age, sex, &c., . I8f Election of Local Boards. Duties of Local Boards. being converted itnto School Dktritetfj ill fllcdctfd^itcS'e with this Ordinance. 5. ilp'ciff the receipt of sucll petitidn: as afofesaid", feini stny District, the Governor iii Cttilndil may oMer the election ot a Local Bda*d theteifl, to consist of noit less than three' per'soflS-, who shall be elected anntially, duriili'^ the fiM week in Cetoibei*- ifl eaeh year, at a Pfliblie' Me^iiBg (of which, seven days' n'Otiee shall he given by the Chailffilan of the the*' existing' Bowd) Of the fesidewts' of the District; provided, hdWetei^, that the fii'st electiofi uindei* this Ordi- Uiafixje to'ay take place at any titne appointed by the Grov'ei'fi.ior; and ptftvi'ded, fuVth^r; that the Mtiliicipal Oouncil of the City of Victoria, and of the City of New Westminster, and the Council of any Municipality hereafter cheated, shall be and are hereby coiSeti- tuted the Local Board for the City of Victoria^ and of New West- minster, and of aHy Town created^ as aforessad,, respectively, or any extension, of their limits for the purpose of thisi Ordinance, and shall have and may exercise all the powers vested in Local Boards by this Ordinancej without any special election or special meetings for the purposes of this Ordinance; 6. It shall be the duty of the Local Board : — (l.y To appoitit One of themselves, oi some othet person to be Secretary and Treasnret-; fot the cOivect I'eCOrifing of all proceedings, and the safe keeping of a^U pap'etS'afiid flioni^B: (2.) To have the safe custody of all School property witbin the District:' (3.) To do whatever they may judge expedient With regard to tBe BQiaintenanee, repair, and furnishing of SehOO'l pFCmTseBy tod tO' have th'e geti'eM" managettient of the SehoOlfe,- SubjSet to the Eiiies and Begulations of the CrOv'ef noi* f n Conncil: (4) To eaU a Special' Meeting (of which a member of the Local Boaird sball be' Ghairman) of the [frtehoMefs' and resident houseMdersJ of the District, as early as may be in each year, (and of which Meeting seven days'' notice shall be given in as- pub lie a manner as possible), to' detel'mine Whether to apply for a gfant in aid of Educational ptfi^poseS as- herein- after provided, and- to- decide in What manner the balance (if any) of moneys required for the pu-rposes aforesaid, and for which the said grants may not prove sufficient for the current year shall be raised,- whether by voluntary subscripr tion, tuition fees, or general rate as hereinafter mentioned, and to fi-x the amount of sach tuition fee ; provided, always, that such tuition fee shall not esceed two dollars per month for each Scholar: (5i) In their discretion, to exempt froiii the- payment of tuitioB fees,- wholly or in part, any indigent person: 394 [32 TioT.] Qommon Sehool [No. 122.] (6.) To 4piii9'iid,, peoeiye, and g,ocouDt for 0,11 mon-eys to be col- ^j). iggg. liifltfid by r^te bUi from thp parents, oj by sijbscription, or — ptbejwise, from tb© wbabitants of the District, and to use all lawfal ways and means for tbe .collection tb^ereof; and to pay to the School Teacher the sum guaranteed to him by the LocalBoard: (7.) To permit a;ll residents in the School Districts, between the ages of five and eighteen years, to attend tlie School, so long as they conduct themselves in conformity with the Rules of such School, and the Pees or rates (if any) required to be paid on their behalf are fiilly discharged; (8.) To transmit, befo3?e the Slst December in each year, a Beport of the condition of the Schools within the District, together with a statement of all receipts and expenditure for School purposes, to the Governor in Council: (9.) Tq make applicatipQ to the Governor in Council for a grant of the public money, if required, to aid the establishment or maintenance of a Common School, stating in such application the number of children between the ages of five and eighteen yfiars resident in the District; the number of pupils likely to attend School, and how many thereof will be able to pay School Fees if required; the mode or manner adopted for the support of the School and School Teacher; the amount likely to be collected; the guarantees for its collection; the amount to be paid to the School Teacher ; the sum reserved for funjishing and keeping in order and repair the School premises; and generally all such information as may be re- quired by the Governor in Council : (10.) To demand, receive, and account for all moneys collected or payable under any By-Law as aforesaid from the residents of the District, or received from the parents or guardians of children. 7, If, at the before mentioned Annual Meeting of the [freeholders power to Local and resident koys.^hQldersJ it shall be determined by a vote of two- ^°*''^ *° ^^"^ * **^- thirds of the number present to levy a tax in lieu of charging tui^on fees, the l40cal Board shg,ll have power, and the same is hereby granted, to pass a By-Law for levying and collecting a tax not exceeding two dollars per head per annum upon all resident householders and male residents above the age of twenty years, in the District. 8. Every By-LaWj when approved of by the Governor, shall have Power to enforce the force of Law, and any person liable to pay any tax made pay- payment of tax. able thereunder, and refusing to pay the same within seven days after the same shall have become due, may be summoned, at the instance of the Local Board, to appear before the nearest Justice of 395 r " pTo. 12S.] Common School [32 Vict.] ^ ' A.D. 1869. tt^ Peace, wllo stall have power to act summarily in the matter, — and adjudge the amount of the said tax, and such costs (to be levied, if necessary, by distress of goods and chattels of the person refusing to pay) as he may think reasonable. Kepealjir amend- 9. Every such By-Law shall be in force until repealed or amended by succeeding Local Board, but no such amended By-Law or repeal thereof shall take effect until approved ot by the Governor, meut of By-Law. Power to refer By- 10. The Govcmor shall have power, before assenting or refusing Dtorict'^*^''^*''*^ "^ *° assent to any By-Law, to refer, if he think fit, the same to the residents of the District for their approval or the contrary, and to order their votes to be taken in that behalf. Dispoaai of;common' 11. Upon the receipt of a proper application from the Local School grant. g^g^^,^ ^f ^^^^ School District, or from the inhabitants of any Dis- trict, the Governor in Council may, after having taken into consid- eration such application, appropriate out of the Public School Fund a sum not in any case to exceed five hundred dollars per annum, for the purpose of assisting the payment of a Salary to a School Teacher, and also, if necessary, a further sum to aid in defraying the expense of erecting a School-house or of renting a building or room suitable for the purpose of a Common School, and to order the payment of such sum at such times and in such manner as may be deemed advisable or necessary; provided, always, that such grants shall not be made nntil the Local Board shall have given satisfactory evidence that the portion promised by the Local Board for the payment of a School Teacher, the erection of Buildings, and furnishing and maintenance of the School has been collected and paid, or reasonably secured. Clergy may visit. 12. It shall be lawful for every Clergyman and Minister of any denomination, at such times, before and after the regular school hours, as shall be approved by the Governor in Council, to visit the Public School of the District in which such Clergyman or Minister is resident or officiates,. and impart such religious instruction as he may think proper to the children of his denomination. Short Title. 13. This' Ordinance may be cited for all purposes as "The Common School Ordinance, 1869." 396 [32 Vict.] Mineral. (T?o. ISSJ No. 123. An Ordinance to facilitate the working of Mineral Lands. A.D. 1869. [10/^ March, 1869,J WHEREAS it is expedient to develop the resources of the Colony Preamble, by aftording facilities for the effectual working of Silver, Lead, Tin, Copper, Coal, and other Minerals, other than Gold : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows: — 1. From and after the proclamation in this Colony of Her After Queen's assent Ti, . , , , , ,1. r\ 3- • !.• ' to Act, all mineral Majesty s assent to this Ordinance, every person, or association, or lands open for mi- company of persons whomsoever, shall be free to enter and explore """S- for silver and all the baser metals and minerals, including coal, in and under the mineral lands hereinafter defined, subject neverthe- less to the provisions and conditions of this Ordinance, and any other regulations affecting the acquisition and tenure thereof, which may from time to time hereafter be prescribed by law. 2. Every person, association of persons, or company, desirous of prospecting Licence acquiring a mine or mining claim under this Ordinance, shall, ^°' *^° years. before entering into possession of the particular part of the said mineral lands he or they may wish to acquire and work for min- erals, make application in writing to the Assistant Commissioner of Lands- and "Works for the District within which the land required is situate, for a Prospecting Licence over such land, for any term not exceeding two years from the date of such application. 3. Every such applicant shall give to such Assistant Commis- Applicant to send sioner the best practicable written description of the plot of land p'*^^ Tand^ Office over which the privilege is sought, after having located the same, together with a proper plan or diagram thereof shewing the position of the boundary posts to be set up by the applicant in and ' upon the land, and by stating in the description any other land- marks of a noticeable character; and such application and plans shall be in duplicate, one of which shall be filed of record in the office of the Assistant Commissioner at the time of its being re- ceived by him, and the other transmitted forthwith by the said Assistant Commissioner to the Chief Commissioner of Lands and "Works, and retained by him for general reference. 4. Every piece of land sought to be acquired under the provisions shape of land, of this Ordinance shall, save as hereinafter mentioned, be of a rec- tangular shape, and the shortest line thereof shall be at least two- thirds the length of the longest line. 5. Where the land sought to be acquired is in whole or in part Natural boundanea 397 [^0. 123.1 [32 Vict.] A.D. 1869. may be adopted in certain cases. Lines of adjacent claims maj be adopted. be adopted, notTf i^lir standl&g any irregu- larity of stape. ' Application for Prospecting Li- On proof of requi- sites, Prospecting Licence to 'issue. Extension thereof. Quantity of Land included in Licence, bounded by mountains, rocks, lakes, swamps, or the margin of a river, or by other natural boundaries, then such natural boundaries may be adopted as the boundaries of the land sought to be acquired, and in such case it shall be sufficient for the claimant to show to the satisfaction of the Assistant Commissioner of the Distiict that the said form conforms as nearly as circumstances permit to the provisions of this Ordinance. 6. If the land songht to be acquired be bounded by land alrealy held under this Ordinance, the line of such land may be adopted by the person so seeking te acquire, notwithstanding any irregularity ip ^upjb lines, wtiofc pia^feaYP b^eQ QQfiafione^ by tbe adQptipn of a natqraJ bounda,rj^ ])^ t\^, filainiant, Qf the adjap^nt land, 7. ^Sfh^rS ?^ Piecg pf land is partially or entirely enclosed between two or more claimSj the claimant may acquire such enclosed piec§,. notwithstanding any irregulfifity of form or disproportio^i in length of any of the sjdes. 8. Jfp 3,ppiljca,nt; shall V^ eetittedtp. receive ^ PrQspeptipg Weenqfi until J^e Phall h3,ve prqyed tp the sa,tigfaipti9U gf %& gaid Apsist^nt ClOpimi^sipper, that before making such application }\e hsis caHpe4 a written or printed notice of ]^i^ intention to apply fo,^ snch ^ licence to Ipe posted on some conspicuous part of the land applied fqr by him, and of any adjacent (if any) sett or mining claim, and qn the Court House of the District (if any) for fourteen clear days, or if the ground applied for, or any part thereof, has been pre- yiously recorded then for one calendar month previous to his appli cation, and that no valid opposition to his claim has been substan- tiated before the said Assistant Commissionerj as hereinafter mentioned. 9. Such Assistant Commissioner is hereby empowered and required, upon receiving satisfactory proof of the said applicant having complied with the preliminary requirements in that behalf hereinbefbre contained, to grant to such applicant a Prospecting License as aforesaid. 10. Every applicant, npoii proving to the satisfaction of such A8sista,nt Commissioner that be has bona fide explored and worked for coal (or other minerf^ls, as the case may be) during the said term of t^q years, shall be entitled to an extension of the said term :for the p^ecpnd period of que year, and. Bucb further time as the Q-overnor shs^U think fit. 11. A Prospecting Licence may include within the general limi^ therein defined, the following quantities of mineral land, that is to say; — (1.) In the case of a Prospecting Licence for coal alone, not exceeding five hundred acres to each individual applic£^n1^ or two thousand five hundred acres to any Associatioiii or Cppipany consisting of not le^s than ten perspns: 398 [32 V'iCT.] Minimal [I^o. 129.] (Si) Ih tBe dasle of a ?r68t)edtiag ticdned fol' d/M^ dthbt rhinetals A.i). 1809. titan co&l 6r geld, nflt e^ofeedlilg Otie hiltidted acre^ to eacli individtifiil applicant, or five hundi'ed aci'es to &hf AssOfe'ial- tion or' Company cdiifeisting Qf Hat less tMii teii t)ersotls. Out of the abtit^ larids tii^ tiicensee may, &t 6i Before ilie ei$i- Licensee may select ration of sucli Licence, or of any prolongation thereof, seiledt fb'r Qrant?"^ '°^" purchase the portion of miheral land to be included in a Cfown Grtot, as hereinafter mentionedi 11 Such Licelhee tnkybe ifl thd I*orttt tdSfked A. Or B; (as the Powers of Licence, casei may be) in the Schediik hereto (whidii Schedule is hereby Blade part t)f thi& Ordihaiic'e), and shall iiicltide full and exclusive ■poWet ahd authority to searci. fof , raise, gest, make riierciiaiitabie, and sell for the use of th6 Lidehsee, all metals and minerals in such Lidetice specified, and iioile other, within thfe prescribed limits, to fflafce and erect the necessary roads, works and buildiiigs, for pfo- ffahly 6i conteiliehtly carrying on the mining operations therein ; with a poWer id the liideiisee, at or before the expiration of sucfi Licence, br any protongatioh thereof, iipdn eoinjpliance with the terms and Conditions in this Ordinance dohtaihed, to claiin a Crown Ofant of su6h portion of tlie mineral land included in his Licence, as is tereihafber in that behalf more particularly described. 13. The interest of every Licensee under this Ordiaance shall be On expiry of licence deemed to have absolutely ceased and determined on the expiration Jjo^ers!™ "*^ or other sooner determination of his Licence, or any prolongation thereot, unkss he shall have prior to such eipiratiori or deilermina- tida made application for' a CrOwti Q-raht, as hei'eih provided; and Oil mkih expiration or deteiminatiori: a new PVo'specting Licetite ove* the samie toineral land, or any part thel-feof, ihay be iiiade to *i4y new applicant fetiteting ihto possession, and CbihplyiTig With the reiquirements of this Ordinance. 14. Every person, association, or company, lawfully holding a Licensee may use Prospecting Licence under this Ordinance, and complying with its stone,- sand^ lime, provisions, shall, until the determination of such his or their holding, and for the purpose of more efiectually carrying on mining opera- tions on the premises, be entitled to the free use, without compen- sation, of a reasonable quantity of any unoccupied and unappropria- ted stone, sand, lime, and timber which may be on the premises included in such Licence, and may erect such buildings and ■ machinery, and make and use such roads and works, within such limits, as he shall find necessary for the profitable conduct of his or their niining operations. 15. In case of any dispute, the right or title to or in. a Prospect- Priority of record ing Licence, and the possession of any claim or privilege under this P'^iority of right. Ordinance, will be recognized according to the priority of record . or' registration with the Assistant Commissioner, subject to any question which may be raised as to the validity of the record itself. 399 pSTo. 123.] Minted. [32 Vict.] A.D. 1869. 16. The quantity of mineral land for coal mining to be granted to ■^ ,.,~~, J . any Licensee duly applying for a Crown Grant, and fulfilling the Quantity of land in ,. . . » . , , , „ • i i . Crown Grant. Conditions hereinafter m that behalf more particularly mentioned, Coal. will be for each association or company of ten or more persons not exceeding one thousand acres, selected oiit of the premises included in such Licence. Prospecting Licence 17. It shall be lawful for the Chief Commissioner of Lands and roa'd or' railway to Works and Surveyor General, upon proof to his satisfaction of the ^^*- necessity of such grant, and upon approval by him of the plan and sections of the proposed works, which must be submitted to him, and with the sanction of the Governor, to give to any person, association, or company holding a Prospecting Licence or Crown Grant under this Ordinance, by any writing under the hand of such Commissioner, a right of way for a road, canal, or railway from his mining claim to the sea shore, or other line of communication, for any purpose connected with such Licensee's or Grantee's mining operations, with full power, by himself or themselves, his or their agents, servants, and workmen, and with and without horses, cattle, boats, waggons, carriages, or other conveyances, to enter upon, across, and into any lands or waters between the premises included in such Licence or Crown Grant and such, shpre, river, or other line of communication, upon paying reasonable compensation to the „ owner of such intermediate land for the portions so taken, or for parties affected. the use SO made. Amount how deter- 18. The amount, time, and manner of such compensation, and the mode of distribution thereof among the parties claimingto be entitjed thereto, shall, upon the application of either party, be fixed by the Assistant Commissioner of the District, and at his discretion, either with or without a jury consisting of not less than three nor more than five persons, which he is hereby empowered to summon for the purpose. Commissioner's cer- 19. The decision of such Assistant Commissioner or jury (as the final. case may be) certified under the hand and seal of such Commissioner shall be final and without appeal; and every such certificate shall be prima facie evidence, for all purposes whatsoever, of all the matters and things therein contained, in all Courts of the Colony. Saving of right to 20. Provided that nothing herein contained shall be deemed or ^ads ovLTands *^^^'^ *° ^™^* °^ ^^^^^ *^® ^S^^ ^^ ^^^ ^^id Chief Commissioner, derived from the acting On behalf of the Crown, to lay out and make public highways '^°^"" in or over such intermediate lands or waters aforesaid, or other lands, whenever it shall be deemed for the public interest to create, alter, or maintain public highways, or to vary the same, through lands derived from the Crown. Other minerals. 21. The quantity of mineral land to be granted for mining for all metals and minerals, other than coal and gold, to any Licensee 400 [32 ViOT.] Mineral [Kp. 123;] duly applying for a Crown Grant, and fulfiUirig the conditions A.J), 1860. hereinafter in that behalf more particularly mentioned, shall^ for each individual applicant, not exceed three chains long by two chains wide; and for each association or company of ten persons shall not exceed thirty chains long by six chains widd. 22. Before any such Crown Grrant shall issue, the Licensee Preliminaries to applying for the same shall :— ^^°^° ^'^•'*' («.) Leave with the said Assistant Commissioner of Lands and "Works, and post on a conspicuous part of the premises sought for, and on the .Court House of the said District, if any, for at least two calendar months previous to the record of his application for such Crown Grant, and prior to the expira" tion of the term included in his Licence, or any prolongation thereof, a notice ofhis intention to apply for suph Crown Grant, with a diagram of the premises; and shall, for the same space, publish such notice in the Government Gazette and a newspaper published nearest to the said mine and premises : (6.) The said Assistant Commissioner shall thereupon post such notice in Ms office for a period of two calendar months: (c.) The said Assistant Commissioner shall (if no adverse claim be filed with him, or if filed shall have been finally decided) give a certificate to such Licensee to that eflfect : {d.) Fpon the application of the Licensee, and delivery of fiuch certificate, the Chief Commissioner of Lands and Works and Surveyor General shall, upon payment to him by the said applicant of such amounts as the said Chief Commissioner may estimate as the probable cost of surveying such premi- ses, ■cause a survey and plan thereof to be made, to be endorsed with his approval, designating such land by its number on the official records, with the estimated value of the improvements and labour expended on the said land. 23. Upon proof, satisfactory to the said Chief Commissioner, of iggue of Crowu compliance with the aforegoing provisions, and payment of the Grant, amounts next hereinafter in that behalf prescribed, together wil3i the balance (if any) remaining unpaid of the actual cost of survey, a Crown Grant shall be issued by the said Chief Commissioner to the Licensee applying for the same. 24. For Coal Lands the price shall be as follows — p^j^g of land con- Jor .any quantity up to and including one thousand acres, at the ^^^^^^s Coal. rate of five dollars per acre; provided that on proof, to the satisfaction of Government, that ten thousand dollars has been beneficially expended on any land held under Pros- pecting Licence for coal, a grant of one thousand acres of the land included in such Prospecting Licence shall be issued 401 [No. 123.] Mineral. [32 VicT.J A.J). 1869. *° *^® company holding such Prospecting Licence, without payment of the upset price of such land. other minerals. 25. For MiNBEAL Lands containing other than coal and gold, the price shall be as follows: — For any quantity of land not exceeding three chains long by two chains wide, the sum of one hundred dollars, together with the costs of survey; for any quantity of land not exceeding thirty chains long by six chains wide, in the ease of a company of not less than ten persons, the sum of two hundred and fifty dollars, together with the costs of survey. Bemiaaion of price 26. Upon proof satisfactory to the Chief Commissioner of Lands on proof of effectual ^^^ Works and Surveyor General, or other the person appointed minerals. for the time being in that behalf by the Governor, and a certificate in writing from such Commissioner or other person to the effect that any Licensee or Licensees applying for a Crown Grant has expended in bona fide mining for minerals, other than coal and gold in and under the sett or mining claim for a grant of which he is applying, to the extent of not less in any case than one thousand dollars, or (if an association or company of three or more persons) of not less than five thousand dollars, it shall be lawful for a Crown Grant to issue to such person, association, or company, without the payment of any, or of only a portion, of the upset price herein fixed for the land to be included in such grant, should the Governor in his discretion so determine. Rectification of boundaries. Adverae claimants. 27. Upon the said survey, or at any time before the actual issue of any Crown Grant under this Ordinance, it shall be lawful for the Chief Commissioner of Lands and Works and Surveyor General, or his agent, or other person specially authorized by the Governor in writing in that behalf, upon payment of the actual expenses connected therewith, to rectify boundaries and to settle finally, on the spot, any dispute which may from time to time arise as to the actual or proper boundaries between adjacent or conflicting mining claims under this Ordinance, Every such decision, expressed In writing and filed of record in the head Lands and Works Office, with a plan or diagram of the proper boundaries as rectified, shall be final and without appeal, any rule of Law or Equity to the contrary not- withstanding, and shall be evidence in all Courts of the Colony of the several matters and things therein contained. 28. Whenever any adverse claimants to a mine or mining claim, under this Ordinance as aforesaid, (in any other respect than as to boundaries as next hereinbefore mentioned) shall appear before the approval of the survey by the Lands and Works, as hereinbefore mentioned, all proceedings shall be stayed until a final settlement and adjudication in the Courts of competent jurisdiction of the rights of possession to such mine or claim has been obtained, when a Crown Grant may issue as in other cases. 402 [32 VicT.J Mineral [Ko. 123.] 29. The issue of a Crown Q-rant to any applicant under this a.D. 1869. Ordinance, save where obtained by fraud or wilful misrepresentation, „ - — ^ ■ ' , , - to 1 Crown Grant an m- shall confer and be deemed to conrer on tne person or persons defeasible title, named therein, an indefeasible and incontestable title in fee simple absolute to all the land specified in such grant, save as hereinafter excepted. 30. The Assistant Commissioner in every District shall have Assistant Commis- jurisdiction to hear and determine all cases of dispute between aigpute™^^ decide adverse claimants to Prospecting Licenses and Crown Grants under this Ordinance (subject, however, as to rectification and settlement of boundaries, to Clause 27. of this Ordinance); and it shall be lawful for such Assistant Commissioner, and he is hereby required, on the written application of either party to a dispute, to summon a jury, to consist of not less than three nor more than five persons, to decide all questions of fact ; and the said Commissioner may award such costs (including the costs of such jury) as he shall deem just and reasonable, and in case of default enforce his j udgment by warrant of distress of the goods and chattels of the person so making His jurisdiction and default. For the purposes of this Ordinance, and to enforce his po'^ers. orders and decisions, the Assistant Commissioner, in addition to the jurisdiction Jiereby conferred, shall have all the powers, authority, and jurisdiction now by Law possessed by County Court Judges in the Colony. 31. In cases of dispute as to the right of possession to any Porms for proceed- mineral lands, the institution of proceedings therein may be com- '"^s- . menced by a claim in the Form marked D. in the Schedule to this Ordinance; and upon the service of such claim on the opposite party, the Assistant Commissioner shall have power to decide thereon (subject to appeal as hereinafter mentioned), with full power to place the party who shall be found entitled into possession of the land in question ; and upon proper cause shown to issue and enforce an injunction to abate any intrusion or otherwise pending any proceed- ings, and tO' appoint a Receiver if necessary. Provided, always, that either party to any such proceedings may require a jury to be jm.y_ summoned to try any question of fact (other than disputed boundary as hereinbefore mentioned) as in the last clause provided. 32. Provided, always, that any person dissatisfied with the Appeal to Supreme decision of such Assistant Commissioner, on matter of Law only and Court. not on matter of fact, may appeal therefrom to the Supreme Court, and no appeal shall be allowed in any case unless notice thereof be given in writing to the ppposite party, his Counsel, or Attorney, within four days after the decision complained of, and also security be given, to the approval of the Assistant Commissioner, for the costs of the appeal, and the amount (if any) payable under the judgment, and to abide by any decision under such judgment; and the said Supreme Court may make such order as it shall think fit> 4Q3 [Ko. 123.] Mineral. [32 Vict.] A.D. 1869. On certificate of de- cision of dispute, claim for Crown Grant maj proceed. Amendment of pro- ceedings. Rights of Crown reserved. and such appeal may be in the form of a case settled and signed by the parties, their Counsel, or Attorneys. 33. A certificate of every decision of an Assistant Commissioner shall be filed by him in his office, and a duplicate thereof transmit- ted to the head office of the Lands and "Works; and the service of the final judgment or order of the Assistant Commissioner, or the Supreme Court (as the case may be) in any case of disputed claim to a Crown Qrant, or an office copy of such judgment or order, shall authorize such Commissioner and other the proper authorities in that behalf to proceed with the issue of a Crown Grant, as in ordinary cases. 34. IsTo proceedings, process, notide, decision, or judgment under this Ordinance shall be called in question or invalidated by reason only of any informality or irregularity appearing therein or con- nected therewith ; and every Assistant Commissioner and Judge of the Supreme Court shall have full power to make any amend- ments in any such proceeding (subject to such costs and terms as he shall think fit) as may be deemed necessary to prevent the failure of justice, by reason of mistakes and objections of form. 85. Nothing in this Ordinance contained, shall be deemed or taken in any way to limit or affect the rights of Her Majesty, Her heirs and successors in or to the Crown Lands ot the Colony, other than is herein particularly expressed, or to limit or affect the right of the Crown to grant or lease tracts of land for mining pur- poses, as heretofore, on any special application made in that behalf or special cause shewn, or make reserves for Government purposes . or Indian settlements, or roads, bridges, buildings, or other public purposes; or to limit or affect the operation of the "Gold Mining Ordinance, 1867," other than is herein expressed. 36. 'Eo person, association, or company shall be allowed to record more than one mining claim at one time, but he or they may, by written notice filed with the said Assistant Commissioner, with- draw from any claim for which he or they may have applied; provided, always, that nothing herein contained shall prevent any person being a member of more than one company or association at the same time. 37. If any person, association, or company shall apply for and record more than one mining claim hereunder, at the same time, the filing of the last of such applications shall ipso facto forfeit all mining claims previously recorded by the same parties, of which Crown Grants had not been obtained, and all improvements thereon, without compensation. Every forfeiture under this Ordinance shall be absolute, any rule or law to the contrary notwithstanding, ^ommis°L^e?ChTef ^^- ^^^ ^""J "^i"^^^^ la'^ds not included in any particular District Commissionertoact. of any Assistant Commissioner of Lands and Works under this 404 No person to record more than one claim. Forfeiture. [32 Vict.] Mineral. [¥0. 123.] Ordinance, the CM ef Commissioner of Lands and "Works and Sur- ^j)_ 1369. veyor General shall have all the powers aiid authorities over such — lands, for all the purposes of this Ordinance, as &v. AseiataBt Com- missioner of Lands and "Works would have had hereunder over such lands, had they been specifically included iR th^ particular District of such Assistant Commissioner. 39. It shall be lawful for the Governor, from time to time, by Power to Governor notice published in the. Government Gazette/ to divide the mineral J^'igtrfcls" ^^'"'"^ lands into Districts, for the purpose of this Ordinance, and to define the same, and from time to time, after the like notice, to revoke, alter, or vary the same, as circumstances may appear to re(juire. 40. The several fees mentioned in the Schiedule hereto shall be pees. taken upon the several matters mi things ^et opposite the respec- tive amounts in such Schedule particularly; mentioned, and shall be deemed, recovered, and accounted for as part of the General Revenue. 41. Nothing herein ^contained shall be construed to affect the Existing Leasees rights of any person or company holding mineral lands under ^jfor^nanoe"'"^^'^ lease, reservation, or grant from the Crown already made, but every such person or company may surrender such rights, and may at once come under the provisions of this Ordinance, and hold suQh land or such portion thereof as shall not exceed the quantity allowed by this Ordinance, together with all the other privileges secured by such Ordinance. 42. Provided, that this Ordinance shall not take effect until Her g„5pending clause. Majesty's approval thereof shall have been duly published in this Colony. 43. In the construction of this Ordinance, the following expres- interpretation sions shall have the following interpretations respectively, unless Clause, there be something inconsistent or repugnant thereto in the con- text: — The words "Her Majesty" or "The Crown" shall mean Her Majesty, Her heirs and successors : The word " Governor " shall mean and include any person admin- istering the Government of this Colony: The terms "Assistant Commissioner," "Chief Commissioner," shall mean Assistant Commissioner of Lands and "Works, and Chief Commissioner of Lands and "Works and Surveyor General, respectively, and shall also include any otiier per- sons appointed by the Governor to act in lieu of those Officers respectively, for the purposes of this Ordinance : The word "Mine" shall mean any locality in which any vein, lode, or stratum, or natural bed of silver or other mineral than gold, including coal, shall be mined; and the verb " to mine " shall include any mode or method whatsoever of 405 £No. 123.] Mineral. [32 Vict.] A.D. 1869. working the same for the purpose of obtaining the ore, — mineral, or metal therefrom: "Mining Claim" shall mean and include the interest acquired, or sought to be acquired, in any mineral lands under this Ordinance: "Mineral Lands," for the purposes of this Ordinance, shall mean and include all waste lands of the Crown in the Mainland of the Colony of British. Columbia, including Queen Charlotte's Island, and such other portion or portions of the said Colony as shall hereafter be brought under jthe provisions of this Ordinance, by any Proclamation or Proclamations by the Governor in that behalf, and which lands shall be available for mining purposes, and whether surveyed or unsurveyed, in which lodes, veins, beds, or strata of silver, tin, copper, lead, coal, iron, cinnabar, or other metal or mineral other than gold, and whether discovered or hidden, are now or hereafter shall be found in place, and not for the time being occupied by any other person, or in any way reserved, or the site of an existent or proposed town, or within one hundred yards of any messuage, orchard, garden, or ornamental grounds. Short Title. 44. This Ordinance may be cited for all purposes as the "Mineral Ordinance, 1869." SCHEDULE TO WHICH THE FOliEGOIKG ACT REFEES. EOKM A. [Royal Arms.] British Columbia. Mining Licence issued under the " Mineral Ordinance, 1869." District. Date This is to Certify that of , has by this Licence exclusive authority to enter, prospect, search for, and work for Coal (but no other metal or mineral) upon, in, and under all that piece or parcel of mineral land in this District, within the following boundaries ; — i not exceeding in the whole statute acres, together with all the rights and privileges granted under the " Mineral Ordinance, 1869," and also a right to claim a Crown Grant of so much of the said mineral lands as is p«- 406 [32 Vict.] Mineral. [TSo. 123.] scribed in that behalf under or by virtue of the said Ordinance, and subject jj^.p. 1869. and according to the provisions thereof. This Licence will continue in force for two years from the date hereof. - Given under my hand, at , this day of Asmtant (or Chief, as the case may 6e,) Commiswmer of Lands and Worhs. Form B. [Eoyal Arms.] British Columbia. Mmng Licence issued under the " Mmeral Ordtncmoe, 1869." ■ District Date- This is to Certify that , , has by this Licence exclusive authority to enter, prospect, search for, and work, for Silver, Tin, Copper, Cinnabar, Lead, Iron, and all other metals and minerals other than coal and gold, upon, in, and under all that piece or parcel of mineral land in this District, within the following boundaries : — not exceeding in the whole statute acres, together with all the rights and privileges granted under the " Mineral Ordinance, 1869," and also a right to claim a Crown Q-rant of so much of the said mineral lands as is pre- scribed in that behalf under or by virtue of the said Ordinance, and subject and according to the provisions thereof. This Licence will continue in force for two years from the date hereof. Given under my hand at , this day of 18 Assistant (or Chief, as the case may be,) Commismmer of Lands ami Works. Form C. {"■•»■} [Royal Arms.] "Mineral Ordinance, 1869." Colony op i British Columbia. ) No. Victoria by the Grace of God of the United Kingdom of Great Britain and [reland, and of the Colonies and Dependencies thereof in Europe, Asia, Africa, A.merica, and Australasia, Queen, Defender of the Faith, and so forth. To all 407 pSTo. 123.] Min&'al [32 Viot.] A.D. 1869 *° whom these presents sLall eome greeting, Know ye that We do hy these — presents, for Us, Our heirs and successorsj in consideration of give and grant unto and assigns, All that parcel or lot of land situate and numbered on the official plan or survey of the said ^ in the. Colony of British Columbia, To have and to hold the said parcel or lot of land, and all and singular the premises here'by granted, with their appurte- nances, unto the said and assigns for ever, subject nevertheless to the provisions of the " Mineral Ordinance, 1869." Provided nevertheless that it shall at all times be lawful for Us, Our heirs and successors, or for any person or persons acting in that behalf by Our or their authority, to resume any part of the Sftid lands which it may be deemed necessary to resume for making roade, canals, bridges, towing paths, or other works of public utility or convenience, so nevertheless that the lands so to be resumed shall not exceed one twentieth part of the whole of the lands aforesaid, and that no such f sumption shall be made of any lands on which any buildings may have been erected, or which may be in use as gardens or otherwise for the more convenient occupation of any such buildings. Provided nevertheless that it shall at all times be lawful for Us, Our heirs and successors, or for any person or persons acting under Our or their author- ity, to enter into or upon any part of the said lands, and to raise and get there- out any gold, or ore of gold, which may be thereupon or thereunder situate, and to use and enjoy any and every part of tlie same land, and of the easements and privileges thereunto belonging, for the purpose of raising and getting, and every other purpose connected therewith, paying in respect of such raising, getting^ and use, reasonable compensation. Provided nevertheless that it ehall be lawful for any person dtdy authorized in that behalf by Ue, Our h«iics tind sucdessora, to take and Occupy SQch water privileges, and to have and «DJaj such righlts of carrying water or^, through, or under any parts of the herediitam«nts hereby granted as may be reasonably required for mining or agricultural purposes in the vicinity of the said hereditaments, paying therefor a reasonable compensation to the aforesaid , lieirs or [successors or] In testimony whereof We have caused these Our letters to be made patent, and the great seal of Our Colony of British Columbia to be hereunto affixed. Witness Our right trusty and well beloved Governor of Our Colony of British Columbia, and Vice-Admiraloftlie the same, &c., &c., at Our -Ghv^ramfint House, at , in Out Colony of British Columbia, this day of , i" '''* year of Our Lord one thousand eight hundred and > ^nd u the year of Our Keign. By Command. Form D. Victoria by the ©race of G-od of the Uaited Kiogdoim ctf Great BiJto" aud Ireland, and the Colonics and ©epead'eaicira thereunto ibelonging, Q'^^'i Defender of the Faith. 408 [32 Vict.] Seligious Institutions. [No. 124.J To and all persons entitled to defend the possession ^_i)_ 1869. of to the possession of which some or one of them claim to be entitled under the "Mineral Ordinance, 1869." These are to will and command you, or such of you as deny the alleged claim, within thirty days after service hereof, to appear at to defend the said claim, or such part thereof as you may be advised j in default whereof judgment may be signed, and you turned out of possession. Witness at the day of A. D. 18 . Assistcmt (or Chief, as the case may he) Commissioner of Lands and, Works. Fees. Upon the record of every application for a Mining Licence, or for a renewal thereof. $ 5 00 Upon the record of every Grant of Mining Licence, or a prolongation thereof. 5 00 Upon the record of every Crown Grant 25 00 Upon the record of every other matter and thing under this Ordi- nance 2 50 No. 124. An Ordinance respecting the property of Keligious Institutions ^ j). 1869. in the Colony of British Columbia. — \\Mi March, 1869.] WHEREAS it is expedient to amalgamate the Local Laws Preamble, respecting the property of Religious Institutions : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — • 1. Where a Religious Society or Congregation of Christians in provides for Eeiigi- the Colony of British Columbia desire to take a conveyance of land ?^"' jf °^'^*''^^ ''°^^' for the site of a church, chapel, meeting house, school, belfry, burial ground, or residence for the Minister, or for the support of public worship and the propagation of christian knowledge, such society or congregation may appoint Trustees, to whom, and their successors to be appointed in such manner as may be specified in the Deed of Conveyance, the land requisite for all or any of the 409 [No. 124.1 Heligiovs Institutions. [32 Vict.] A.D. 1869. Title Deeds must be registered. Property of religi- ous bodies may be mortgaged. Trustees may let lands belonging to religious bodies. ; but not without con- sent of congregation. purposes aforesaid may be conveyed; and such Trustees and their successors in perpetual succession, by the name expressed in the Deed, may, after the consent of the Governor thereto first had and obtained, take, hold, and possess the land, and maintain and defend actions in Law or Equity for the protection thereof, and of their property therein. ^. But such Trustees shall, within twelve calendar months after the execution of the Deed of Conveyance, cause the Deed to be registered in the office of the Eegistrar General for that portion of the Colony in which the land included in the Deed is situate, or otherwise the same shall be void. 3. "When a debt has ^been, or may hereafter be, contracted for the building, repairing, extending or improving of a church, meeting house, chapel, school, or belfry on land held by Trustees for the benefit of any Keligious Society in the Colony of British Columbia, or for the purchase of the land on which the same has been, or is intended to be erected, the Trustees, or a majority of them, may from time to time secure the debt, or any part thereot, by a mort- gage upon the land, church, meeting house, chapel, school, or belfry, or may borrow to pay the debt or part thereof, and may secure the repayment of the loan and interest by a like mortgage upon such terms as may be agreed upon; 4. The Grantees in trust named in any letters patent from the Crown, or the survivor or survivors of them, or the Trustees for the time being appointed in manner prescribed in the letters patent or other Deed, whereby lands are granted for the use of a congregation or religious body, and any other Trustees for the time being entitled by law to hold lands in trust for the use of a congregation or religious body, may let, for any term not exceeding twenty-one years, lands so held by them for liie use of a congregation or religious body, at such rent and upon such terms as the Trustees or a majority of them deem reasonable; and in the lease they may covenant or agree for the renewel thereof at the expiration of any or every term of twenty-one years, for a further term of twenty-one years, or a less period, at such rent and upon such terms as may then by the Trustees fbr the time being betigreed upon with the lessee, his heirs, executors, adm,inistrators or assigns, or may oovenan* or agree for th« payment to the kssee, his Texecutors administrators, or assigns, of the value of any buildings or other improvements which may, at the expiration of any term, be in the demised premises, and the mode of ascertaining the amount of such rent, or the value of such improvements, may also be specified in the original lease. 5. But Trustees shall not have the pow^r so to let, without the oonsent of the congregation or religious body for whose use they hold the land in trust, such consent to be signified by the votes of a majority of the members present at a meeting of the ■congregation 410 [32 Vict.] Beligious InstitutwnS.' fSTo. 124,] or religious body duly called for the purpo's'e; nor to let any laind, A.D. 1860. whicli at the time of making the lease is necessary for the purpose of erecting a church, place of worship, or other building thereoti, or for a burial ground for the congregation for whose use the land is held. 6. The Trustees, for the time being, entitled by Law to hold land Trustees may sue. in trust for a congregation or reli^ous body, may, in their own names or by any name by which they hold the land, sue or distrain for rent in arrear, and take all such means for -ftie recovery thereof as landlords in other cases are entitled to take. 7. When land held by Trustees for the use of a congregation Trustees may dis- or religious body becomes unnecessary to be retained for such use, reiigious'bodies^''^ and it is deemed advantageous to sell the land, the Trustees for the time being may give public notice of an intended sale, specaffiug the premises to be sold, and the times aud terms of sale; and after publication of the notice for four successive weeks in a weekij newspaper published in or near the place where the lands are situated, and in the Government G-azette, may proceed to sell the land at public auction according to the notice, but the Trustees shall not be obliged to complete or carry into efiect the sale, if in their judgment an adequate price is not offered for the land, and the Trustees may thereafter proceed to sell the land either by public or private sale; but a less sum shall not be accepted at private sale than was offered at public sale. And before a deed is executed in and sanction of cofl- pursuance of a public or private sale, the congregation or religious fhweto!"*'***"'^'* body lor whose use the lands are held, shall be duly notified thereof and their sanction obtained by Eesolutiou passed at a meetyig called for that purpose. ' 8. Trustees selling or leasing laud under the authority of this Trustees to prepare Ordinance, shall, on the first Monday in July in every year, have ^""^ submit to con- ' ' .' ... gregation a state- ready and open for the inspection of the con|gr«gation or reli^ous ment of their trans- body which they represent, and of any Minister thereof, a detailed *°*'°°^- statement showing all rents which accrued during the preceding year, and all sums of money whatever in their hands for the use and benefit of the congregation or religious body, and which were in any manner derived from the lands under their control or subject to their management, and also showing the application of any portion of the money which has been expended on behalf of the congregation or religious body. 9. The Supreme Court having jurisdiction may, in a summary Empowers Courts to manner, on complaint upon oath by three members of a congre- examine Trustees, gation or religious body of any misfeasance or misconduct on the part of Trustees in the performance of duties authorized by this Ordinance, call upon the Trustees to give in an account, and may enforce the rendering of such account, the discharge of any duties, and the payment of any money, so that the congregation or reli- 411 [No. 125.] Indian Reserves. [32 Vict.] A.D. 1869. gious body may have the benefit thereof, and the Court may compel the Trustees, in case of any misconduct, to pay the expense of the application, .or may award costs to the Trustees in case the appli- cation is made on grounds which the Court considers insufficient, or frivolous, or vexatious. 10. Nothing in this Ordinance shall empower any Trustees of any religious body to occupy or use land for burial purposes within the limits of any towns or cities in British Columbia. 11. The Bill entitled " A Bill for the passage of an Act respecting t° Act of V ^™^*'' the property of Eeligious Institutions in the Colony of Vancouver Island and its Dependencies," is hereby repealed, but any act done or executed thereunder, shall be deemed to have been duly done and executed, as if done and executed under the provisions of this Ordinance. Short Title. 12. This Ordinance may be cited for all purposes as the "Eeli- gious Institutions Ordinance, 1869." Burial grounds must be outside of City limits. Repeals Religions A.D. 1869. Preamble. Power to Stipendi- ary Magistrates to settle disputes, No. 125. An Ordinance respecting Indian Reserves. \lbth Mdreh, 1869.] WHEREAS it is expedient for the avoidance of disputes among Indians and Settlers, as to the right to lands used by Indian^, to provide a more speedy means than now obtains for the settlement of all such questions : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:— 1. In case of any dispute arising between or among any Indian or Indians, and any other person or persons as to the right to enter into, or occupy, or as to any damage done to, any Crown Lands in the Colony, being Indian Reserves or Settlements, or to the im- provements, crops, or cattle thereon, it shall be lawful for the Stipendiary Magistrate of the District within which the land in dispute is situated, upon any complaint made to him thereon, or upon view of the premises, to hear and determine all such questions and disputes, as and when the same shall arise, and thereupon, or in any case, to make such order or orders in the premises, and from time to time to amend and vary the same as to such Magistrate shall seem just and reasonable ; and in case of wilful injury or tres- pass upon such Crown Lands, being Indian Reserves or Settlemeiits, or Gardens, by any person or persons whomsoever as aforesaid, it* 412 |'32 Vict.] Cmnty Courts Amendment. [No. 126.] shall be lawful for such Magistrate, after reasonable notice to all a.D. 1869. parties to be affected by such decision, and after a hearing, to award and enforce such costs and damages, not exceeding in any one case the sum of two hundred and fifty dollars, by warrant of distress of the goods and chattels of the person or persons against whom such decision is given, as to such Magistrate shall seem reasonable. 2. It shall also be lawful for such Stipendiary Magistrate in any and remove trespas- such case, by any order in writing under his hand, to remove any ^*'^^- person or persons from off the land,, or any portion thereof, in re- spect of which the dispute has arisen : and in case of resistance or disobedience to or infraction of any such order, to imprison the party or parties so offending, for any term not exceeding one calen- dar month, or to compel him or them to find securities, to the satisfaction of the Magistrate, to be of good behaviour for any period not exceeding six calendar months. 3. This Ordinance may be cited for all purposes as the " Indian short Title. Reserve Ordinance, 1869." No. 126. An Ordinance to amend "The County Court Ordinance, 1867." A.D. 1869. \15th March, 1869.] Fs(ieNos.95*137. WHEREAS doubts have arisen as to the subsistence of the Preamble, powers of commitment bestowed on County Courts in the Colony, by "The County Court Ordinance, 1867:" And whereas without proper powers of commitment the County Courts would in a great measure be inoperative, and it is expedient to remove such doubts, and to confirm such powers: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. Sections 98, 99, 100, and 113 of the Imperial Statute 9 and 10 Enacts Sections 98, Victoria, chapter 95, shall be and are hereby declared to be of and imperiai^stitite 9^ to have full force and effect throughout the whole Colony of British and lo vie, cap. 95. Columbia, and all the powers of commitment for contempt, and otherwise, thereby conferred upon the County Courts and the Judges thereof in England, enforceable by the same process, shall be and are hereby conferred upon the County Court of British Columbia, and every other County Court of the Colony, and all the Judges thereof respectively, for the time being, any law or rule to the contrary notwithstanding; subject, nevertheless, to all and singular the same restrictions and provisions, and with and under the same 413 A.D. 1869. Bars all claitiis to fees by Officers of Court. Short Title. [No. 127.] Viebria Municipal Amendment. [32 Vict.] process, toutatis mutaadis, in the County Court of British Colum- bia, as govern the same powers in the County Courts in England. 2. Whereas doubts have arisen as to the effect of the Order of the Supreme Court of Civil Justice of Vancouver Island, made on the 3rd day of April, 1860; for the avoidance of all such doubts, b^ it enacted that no fees or moneys heretofore received from or on account of atiy proceeding's in the Inferior or Sumifiary Court of Civil Justitee *f Vancouver Mtadj shall be deemed to be or to have been due and pfeiyable or be paid to any Officer of the said Court, or other petsiOli whomsoever, bat the same shall be and continue to be aftoounted for as part of the revenue of the said Colony, any Rule, Law, or Order 'of a!iiy Court to the contmry notwithstandifig. 3. This Ordinance may he cited for all purposes as "The County dourts Amendment Ordinance, l869." Preamble. No. 127. A.D. 1869. An Ordinance to enlarge and amend the "Victoria Municipal. Ordinance, 1867." Vide Nos . 94 & 136, IWth March, 1869.] BlfiREAS it is deemed expedient that Sections 4, 33, 48, 50, 51, 57, and the Schedule of the " Victoria Municipal Ordi- nance, 1867," should be repealed or ailtered, and that the said Ordinance should also be iimeiiided : Therefore, be it enacted by the G-overnt)r of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. The last paragraph of Section 4 of the "Victoria Municipal! Oirdinauce, 1867," shall be and is hereby repealed; and in lieu hereof the vsrorda or sentences — "Having been for three months " next preceding the time of election, and being at the time of such " election, the owner of property of the assessed value in the Muni- " cipal Assessment EoU of five hundred dollars," shall be read as and form part of such Section. Makes the Assess- 2. From and after the passing of this Ordinance, the Municipal mentRoiipermanent Assessment RoU, made by the Municipal Council of the City of basis of taxation, y.^^^j.-^^ ^^^^^j ^^^ -^^^ ^^ September, 1868, sTiall (anything in the said Ordinance to the contrary notwithstanding) be and continue to be the Assessment Roll for the said City; subject, nevertheless, to be altered and amended from time to time as hereinafter provi- Amends qualifica- tion of Members of Council. ded; save and except that in lieu ot one-fourth of one per cent. 414 it [32 Vict.] Victoria Municipal Amendment. [No. 127.] shall be lawful for the said Municipal Council to levy any rate A.D. 1869. upon all owners of real estate, in respect of such estate, including the improvements thereon, not exceeding one-third of one per cent, (2.) The Municipal Assessment EoU may be inspected by any inspection of Roll, person, at all reasonable times, free of any charge whatever. (3.) It shall be lawful for the said Municipal Council, on such Amendment of As- proof as to them shall from time to time appear satisfactory, cessment Roll, to alter or amend the said roll, "either by striking out the . assessment, or by making a change in the name of the per- son to be liable to pay the amount of any asgessment, or by making the Roll conform to any order of the Court of Eevisionj but the roll shall not be altered or amended by assessing any person in respect of his bysiness, dogs, or horses, or in respect of his property, in any other or higher amounts than that, If any, for the time being appearing on the roll, unless the said Municipal Council shall, for the space of seven days at least, before the last sitting of the Court of Eevision, have caused such person to be served with a notice of the rate intended to be imposed on him. And requiring him to attend before the Court to show cause why he should not be assessed as in the said notice specified. (4.) Any notice by this Section of this Ordinance required to be Service of notices, served on any owner of real estate, or other person, in respect of proposed assessments, or money due on account of assess- ment, shall be served either personally or by leaving the same (or depositing it in the Post Office, in an enclosure addressed to such owner or other person as aforesaid) at his last known place of abode; and in case such owners are un- known or cannot be found, by affixing a copy thereof at or on some conspicuous part of each Town Lot or other piece of land or property, in respect of which the Assesment therein referred to shall have been made. (5.) The person who for the time being shall appear on the Assess- The Roll evidence ment Roll as the owner of any real estate shall, for the pur- of ownership, poses of this section, be deemed to be such owner ; and if real estate shall not be assessed to any person by name, or the owner aforesaid shall not be known or cannot be tound, ; then the affixing the notice aforesaid, in manner aforesaid, at or on the land or other property aforesaid, shall be deem- ed to be and shall be due and sufficient service of such notice. (6,) In case any person shall, whether by reason of a change in Notice of Appeal, the value of the property or otherwise, feel himself aggrieved at the amount at which he or any other person may be asses- sed, it shall be lawful for such aggrieved person to appeal to the Court of Revision, if such person shall, on or before the os^ed°ai- within fifteen days after the receipt of such requisition by the terations. President or Treasurer, be notified by circular of the proposed alterations, repeal, or addition. Shareholder whose 12. When any share or shares in the capital of any Sociely has receTviTifv"est"the °f ^^^® ^i^coTdQ due and payable to the holder thereof, he may amount. either withdraw the amount of such share or shares from the said Society, according to the Eules and Eegulations thereof, or invest the amount of his said share or shares as fixed or permanent stock of the Society, and receive therefrom periodically such proportion of the profits made by such Society as may be provided for by the 422 [33 YiCT.] Investment and Loan Societies. [Fo. 128.] Eulea of the Society. The moneys invested in fixed and permanent ^.j). iggg. stock may not be withdrawn therefrom, hut may be transferred in — i^pi*Tn Jinpn^ Atopic the same manner as other shares in the same Society. transferable only. 13. Except in the case of the withdrawal of a member according Except in cases of to the Rules of the Society then in force, no member shall receive, bersnot to receive or be entitled to receive, from the funds of the Society, in respect profits in shares, ..... , ,. other than in per- of any share which is not invested as permanent stock, any interest manent stock, until or dividend by way of annual or other periodical profit upon any ""^t^rity. share in the Society, until after the expiration of the term for which such share was originally granted, or such shorter period as, under the Eules of the Society, may have been substituted therefor. 14. Every such Society may from time to time limit the number Society may limit TinTTinpf OT RrifliTPS of shares to be granted, and, except in cases provided for in Section and may charge a 12, may charge a premium on any new share. premium on new 15. Every such Society may, after reasonable notice in writing. Shares may be for- ■ declare forfeited to the Society the shares of any member who is in default, or who neglects to pay the number of instalments or monthly subscriptions fixed by any stipulation or By-Law, and may expel such members from the Society, and the Secretary shall Members may be make a minute of snch forfeiture and expulsion in the books of the *^^* ® Society. 16. In case any payment either on account of subscriptions, society may sue instalments, fines, or for expenses in relation to any security or members, otherwise is due or payable to any such Society from any member thereof, the same may be recovered by action or suit in the usual manner. 17. In case a Sub-Committee of Directors is appointed for any in certain cases, particular purpose, the powers delegated to them shall be reduced tobrrecor^'e'dfn " to writing, and. entered in a book, by the Secretary or Clerk of the books of Society. Society. 18i The Directors shall choose a President and Vice-President, Election of Presi- and they shall in all things delegated to them act for and in the dent and Vice- name of the Society, and the concurrence of a majority of the concurrence of Directors present at any meeting shall at all times be necessary in majority of Direc- f ■. -r. -. -. 1- iiiii j^ J ^ tors necessary. any act of the Board; and no business shall be transacted at any - ^^^^ meeting of Directors, unless a quorum of Directors, as prescribed present. by the Rules, be present thereat. 19. The transactions of the Directors shall be entered in a book Proceedings of belonging to the Society, and shall at all times be subject to the Directors to be en- • ?, ^ . . , -. ,. ,1 o . , n tared ia books of review of the Society, in such manner and form as the society by Society. their General Rules shall direct and appoint. 20. All acts and orders of such Directors under the powers Acts of Directors to delegated to them shall have the like force and effect as the acts ^® •'""ding. and orders of the Society at the general meeting. 423 [No. 128.] Investment and Loan Societies. [33 Vict.] A.D. 1869. 21, The Directors shall from time to time, at any of their usual meetings, appoint such persons as they shall think proper to he ingto appoint officers of the Society, grant such salaries and emoluments as they officers. deem fit, and pay the necessary expenses attending the management of the Society ; and shall from time to time, when necessary, elect such persons as may be necessary for the purposes of the Society, for the time and for the purpose expressed in the Eules of the To remove officers Society; and shall from time to time, for incompetence or mip- misb^havUmr.°°^ °' behaviour, discharge such persons, ,and appoint others in the room of those who vacate, die, or are discharged. Officers appointed 22. Every such officer or other person appointed to any office in to receive money to . .,i • j_ p i.nT_j j. • give security. anywise concerning the receipt of money shall, before entering upon the duties of his office, execute a bond, with two sufficient sureties, in such form and for such amount as the Directors determine, for the just and faithful execution of his office, according to the Rules of the Society. BepealedbyNo.165. [23. Such Society may advance to members, other than any or either of the' [Societies may make Directors thereof, on the security of wnadvanced shares in,the said Society,.cmy on aeemity of real portion of the fwnds of such Society, and may receive and take from any person estate, and may take gy. persons, or bodies corporate, any real property as original security, or any any property as fwr- ■ ' ,. , j. .7 7 7-^- 7 -^ j- ther security. 1 property of any nature or kind soever, as further oraaaitional securuy for any advances made as aforesaid.'] Society may become 24. Every Buch Society may take and hold any property or secu- absoiute owner by rities thereon, bona fide mortgaged or assigned to it, either to secure foreclosure of any ' o a a > property mortgaged the payment of the shares subscribed for by its members, or to ^° '*■ assure the payment of any debts due to the said Society, and may become the absolute owner thereof by foreclosure. Amended byNolGS 25. "Whenever any such Society has received from a [shareholder] SoclttyTay^proceed ^"^ assignment, mortgage, or transfer of any property to secure the in mortgage by sale, payment of any advance made by, or debt due to, such Society, and containing an authority to such Society to sell such property in case of non-payment of any stipulated number of instalments or sums of money, and to apply the proceeds of such sale to the pay- ment of the advances, interest, and other charges due to the Society, such stipulations and agreements shall be valid and binding, and the Society may cause the same to be enforced; and may proceed on any such security for the recovery of the moneys thereby secured, either at Law or in Equity, or otherwise, and generally may also pursue the same course, exercise the same powers, and take and use the same remedies, to enforce the payment of any debt or demand due to the Society as any person or body corporate may by Law take or use for a like purpose. After default for 3 26. In case of default being made in pavment of any sum of months successively , ° '■ "" !>•*., Society may sell money securcd, or intended to be secured, by any deed of security mo?tgage!'*'"^ '° t^^^° ^7 ^^1 ^"^^^ Society, or any part of any such sum, for the space of three months successively after any or either of the day» or times at which the same became payable, it shall be lawful for 424 [33 Vict.] InWsiment and Loan Scf&ieties. pTo. 128.J such Society to offer the property comprised in any sucb deed of ^.d. 1869', security, or any part or parts of such property, for sale by public auction, and either together or in parcels. 27. If any person appointed to an office by the Society, and being Eepresentatives of intrusted with and having in his possession, by virtue of his office, society to deUrer anv moneys or effects belonging to the Society, or any deeds or over papers and mo-> ■j.- 1 4.- iu 4. A- u -D 1 4. T 1 ^ neys after demand, securities relating thereto, dies, or becomes Bankrupt or Insolvent, his legal representative, or other person having a legal right, shall within fifteen days after demand made by the orders of the Directors of the Society, or the major part of them assembled at any meeting thereof, deliver over all things belonging to the Society to such person or persons as the Directors appoint. 28. This Ordinance shall extend to aliens, denizens, females. Ordinance to extend co-partners, and corporate bodies. Eemes covertes and infants may *° feme^jjovert'e or hold shares in any Society incorporated under this Ordinance, in infant to be a Diree- the same manner as male adults; and for the purpose of dealing with such shares, shall be considered as femes soles or male adults respectively; and this Ordinance shall be construed in the most beneficial manner for promoting the ends thereby intended; but no feme coverte or infant shall be a Director of any such Society. 29. Every such Society may ' invest any surplus funds in the How Society may stocks of any Chartered Bank in, or other public security of, the i^^est surplus funds. Colony; and all dividends, interest, and proceeds arising therefrom, ' shall be brought to account and be applied to the use of the Society, according to the Rules thereof. 30. Every such Society by its Rules, Regulations, or By-Laws Amount Society authorized to borrow money, shall not borrow, receive, take, or re- "lay borrow limited, tain, otherwise than in stock and shares in such Society, from any person or persons, any greater sum than three-foui-ths of the amount of capital actually paid in on nnadvanced shares, and invested in securities or in property by such Society ; and the whole of the pro- perty and capital of the Society shall be liable for the amount so borrowed, received, or taken by any such Society. 31. Any such Society may hold absolutely real estate for the Real Estate for purposes of its place of business, not exceeding the annual value of P'°''^® of business, three thousand dollars in any one place, exclusive of the improve- ments which may be made by any such Society thereon. 32. Such Society shall not be bound to see to the execution of any Societynot bound to trust, whether expressed, implied, or constructive, to which any ?f®*P*^"?**°7^'''^'' , i- ' r J > •'its stock IS subject. share or shares of its stock may be subject, and the receipt of the party in whose name any such share or shares stand in the books of the Society, or if such share or shares stand in the names of more parties than one, the receipt of one of the parties shall from time to time be a sufficient discharge to the Society for any payment of any WTia' receipt suffici- kind made in respect of such share or shares, notwithstanding any trust to which such share or shares may then be subject, and 425 [Wo. 128.] Investment and Loan Societies. [33 Vict.1 A.D. 1869. whether or not such Society has had notice of such trust, and the Society shall not be bound to see to the application of the money paid upon such receipt. No loan to be made 33. No portion of the funds of any Society established under this to a Director. Ordinance shall be advanced to any or either of the Directors of such Society, nor to nor for his or their use, upon any security or Any Director receiv- Otherwise; and should any advance be made contrary to the spirit fiiui of teiTtfm^sThe °^ *^^^ Ordinance, the Director or Directors receiving the same amount received. shall forfeit to the Society a sum equal to ten times the amount so advanced, and shall cease to be a Director of such Society. Recovery of fine. 34. Every such forfeit or fine may be recovered before a Stipen- diary Magistrate of British Columbia, in a summary way, by war- rant of distress of the goods and chattels of such Director or Directors. In case of default of payment of such forfeit or fine, and of the insujBEiciency of such distress, such Director or Directors shall be liable to imprisonment for a term not exceeding twelve calendar months, at the discretion of the Magistrate who shall have issued the warrant of distress. Oflacers who receive 35. In case any Director or Directors, the Secretary and Treasu- sion" to pro*cure"a' ^^i") o^ Secretary, or Treasurer, or Clerk of any such Society shall loan to incur a pen- take, charge, or receive any bribe, commission, or gratuity for negotiating any loan from, or procuring any advance to be made by any such Society, such person- or persons shall incur a penalty of five hundred dollars, and shall, upon conviction thereof,', be removed from office, and forfeit to the Society all his or their interest in such Society. Directorsto be liable 36. If the Directors of any such Society shall declare any divi- d'eciared when the <3end when the Society is known by them to be insolvent, or any Society is known by dividend, the payment of which would to their knowledge render them to be insol- .,.,,,,,, ° vent. it insolvent, they shall be jointly and severally liable to the extent of the aggregate amount of the dividend so declared, for all the debts of the Company then existing, and for all that shall be there- after contracted, so long as they shall respectively continue in office. Provided, always, that if any of the Directors shall be absent at the time the dividend or dividends shall be so declared, or shall object thereto, and shall forthwith file their objection in writing with the Secretary or Clerk of the Society, they shall be exempt from the said liability. No liortion of profits ^'^- Inasmuch as the stability of Societies established under this of Society to be Ordinance will depend in great measure on the valuation of the M,UmvMchthlM assets of such Societies, and the division of the profits from time "soi^yMveielval ^"^ *™^ ^?'''''^ "^^ declared to have been made by such Societies, no ued shall have hem such Society shall be at liberty to divide any of the profits found Ztifap%Zd% or declared to have been made by such Society, nntil [the tabU on the Oovomor.^ which the securities held hy such Society shall have been valued, and shaJl to« leen sanctioned or approved of by such Officer as the GoDernor or Op^ administering the Governmmt may from time to time appoint; and if "f 436 [38 Vict.] Investrneni and Loan Societies. [No. 128.] dividend shaU be paid on or in respect of any share in the capital of such A.D. 1869- Society before such table as aforesaid shall have been sanctioned or approved as aforesaid, each of the Directors who shall not have objected thereto, and, shall not have filed his objection in writing with the Secretary or Ckrh of the Society, before any such payment, shall incur a penalty of five hundred dollars."] 38. In the month of December in each year, the assets of the When the assets of Society shall be valued, and the accounts audited; and on or before fad'afcount^slfe^to the 14th day of the month of January then following, a Eetum, ^^ audited. duly verified by the deckrations of the Auditor and Treasurer, fo^co™ni'al'se"rete- shall be made to the Colonial Secretary, in which shall be stated in ry. a tabular form : — The name of the Society; The nominal capital; The actual capital ; The number of unadvanced shares held in accumulating stock, and the amount paid thereon; The amount of permanent stock not deposited as security for moneys advanced by the Society ; The amount borrowed or received on deposit; The nature of the presumed assets, with a concise statement of the securities in a tabular form; The losses and expenses during the year; The profits divisible per share; And such other information as the Governor or Ofllcer adminis- tering the Grovernment shall, from time to time, by notice published in the Government Gazette, order or require. 39. If any Society established under this Ordinance makes Penalty on default default in making a Return to the Colonial Secretary, in compliance '" "^^^"^ '^^'"™- with the foregoing directions, such Society shall incur a penalty not exceeding twenty-five dollars for every day during which such defeult continues. 40. Upon the application of one-fifth in value of. the holders of Examination of af- unadvanced shares in any Society established'under this Ordinance, inspector^''apmoved the Governor or Officer administering the Government may appoint i>y the Governor, one or more Inspectors to examine into the affairs of the Society, and to report thereon in such manner as he may direct. 41. It shall be the duty of all officers and agents of the Society Powers of inspector, to produce for the examination of the Inspectors all books and jdocuments in their custody or power. Any Inspector may examine upon oath the officers and agents of the Society, in relation to its business, and may administer such oath accordingly. If any officer or Agent refuses to produce any such book or document, or to answer any question relating- to the affairs- of the Society, he shall incur a penalty not exceeding twenty-five doUars in respect of such offence. 42. Upon the conclusion of the examination, the Inspectors shall 427 Jl^o. 128,] -Investmtnl and Loan Societies [33 VicT.j A.D. 1869. report their opinion to the Colonial Secretary. Such report shall be written or printed, as the Colonial Secretary directs. A. copy Result ofexamina- ,i, ,j- jji 1^,.-,^^ i • ■. tion how dealt with. Shall be lorwaraed by the Colonial Secretary to the registered office of the Society, and a further copy shall, at the request of the share- holders upon whose application the inspection was made, be delivered to them, or to any one or more of them. All expenses of and incidentar to any such examination as aforesaid, shall be defrayed by the shareholders upon whose application the Inspectors were appointed. Power of Society to 43. Any Society registered under this Ordinance may, in a appoint Inspector, general meeting, appoint Inspectors for the purpose of examining into the affairs of the Society. The Inspectors so appointed, shall have the same powers and perform the same duties as Inspectors appointed by the Governor or Officer Administering the Govern- ment, with this exception; that, instead of making their report to the Colonial Secretary, they shall make the same in such manner and to such persons as the Society in general meeting directs,-' and the officers and agents of the Society shall incur the same penalties in case of any refusal to produce any book or document to such Inspectors, or to answer any questions, as they wohld have incurred if such Inspectors had been appointed by the Governor. Official copy of re- 44. A copy of the report of any Inspectors appointed under this be'ev^denc?""'" *° Ordinance, authenticated by the, seal of the Society into whose affairs they have made inspection, shall be admissibie as evidence in any legal proceeding. Recovery of penal- 45. All offenccs Under this Ordinance, other than those prov^ed ^^^miZ^nlZ ^o'' fey Section 34 of this Ordinance, made punishable by any tion 34. penalty, may be prosecuted summarily before two or more Justices, in manner directed by an Act passed in the Session , holden in the eleventh and twelfth years of the Reign of Her Majesty Queen Victoria, chapter 43, intituled "An Act to facilitate the performance of the duties of Justices of the Peace out of Session within England and "Wales, with respect to summaa-y convictions and orders." Application of pen- 46^ The Justices imposing any penalty under this Ordinance^ aities. may direct the whole or any part thereof to he applied in or towards payment of the costs of the proceedings, or in or towards the rewarding the person on whose information or at whose suit such penalty has ;been recovered; and subject to such directions, all penalties shall be paid to the Treasurer of the Colony, and shall he carried to the credit and form part of the Eevenue of the Colonyfi Service of notice. 47.. Notices requiring to he served by the Compainy upon share- holders,, may be served, either personally, or by leaving the same, or sending them through the post office in a letter addressed to the shareholders at their registered places of abode. In case of joint own- 48. All notices directed to be givent by the Societies shall, with 428 [33 Vict.] Companies. [ISTo. 129.] respect to any share to wMcli persons are jointly entitled to, be ^j> jggg given to whichever of the said persons is named first in the register of the Societies, and notice so given shall be sufficient notice to all ^"om notice'to be proprietors of such share, served. 49. All notices required by this Ordinance to be given by adver- How notice to be tisement, shall be advertised in a newspaper circulating in the City ^ ^^'^*"® • or District in which the registered office of the Society is situated. « 50. The provisions of any Ordinance or Act for the time being p^oTision as to in force in British Columbia, relating to the winding up of Com- winding up of com- panies, shall apply to all Societies incorporated under this Ordi' nance. 51. The word "Society" in the foregoing sections of this Ordi- interpretation nance shall be understood to include and to mean any Society, Com- clause, pany, or Institution established under thfe pr6visions and authority of iMa Ordinance; the word "Eules" to include Rules, Orders^By-Laws, and Regulations; and whenever in this Ordinance in describing or referring to any person or party,, matter or thing, any word importing the masculine gender or singular number is used, the same shall be understood to include and shall be applicable to several persons and parties as well as one person or party, and females as well as males^ and bodies corporate as well as individuals, and several matters and • things as well as one matter or thing, unless it otherwise be pro- vided or there be something in the subject or context repugnant to such construction. 52. This Ordinance may be cited for all purposes as "The short Title. Investment and Loan Societies Ordinance, 1869." No. 129. An Ordinance respecting " The Companies' Ordinance, 1866." ^jj jggg r20i% August, 1869.] Vide No. 65. "IJfTHEKEAS it is expedient to amend " The Companies' Ordi- preamble. nance, 1866," and also to extend the provisions thereof tO' that part of this Colony formerly known as Vancouver Island and its Dependencies : Be it enacted by the G-overnor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:— ]). The " Vancouver Island Joint Stock Companies' Act, 1860," Repeals Act of i860, ifl hereby repealed ; but mch repeal shall not invalidate any acts heretofore done, or affiect any rights acq-uired under such Act. 429 [No. 130.1 Medical Amendmmt [33 Vict.] A.D. 1869. Ordinance of 1866 extended. Begistrar. Interpretation of terms. Bules or Orders may be varied. Companies' Ordi- nance, 1866, to be read with this. Short Title. 2. From and after the passing of this Ordinance, " The Com. panies' Ordinance, 1866," and all the provisions and enactments thereof shall, save as hereinafter modified, have full force and effect throughout the Colony. 8. The Governor may from time to time appoint such person as he shall think proper to act as Registrar of Joint Stock Companies. 4. The expression "the Court" used in Section 3 of "The Companies Ordinance, 1866," shall in its interpretation also mean the " Supreme Court of Vancouver Island," and every Chief Justice or Judge thereof; and the words " the Supreme Court of Civil Justice" in Section 6 of the said Ordinance, shall be construed to mean the Supreme Court of the Mainland of British Columbia and the Supreme Court of Vancouver Island respectively, and any Chief Justice or Judge thereof. 5. All the words after the figures "1862" in Clause 11 of the said Ordinance, are hereby repealed; and instead thereof, the the following words shall be read as part of such clause : — " pro- vided that it shall be lawful for the Chief Justice or Judge of either of the said Supreme Courts of this Colony, with the sanction of the Governor, to vary or modify such Eules or Orders as occasion may require." 6. The said "Companies' Ordinance, 1866," and this Ordinance shall be construed and read together as one Ordinance, and be cited as "The Companies' Ordinance, 1869." No. 130. A.D. 1870. ^^ Ordinance respecting Practitioners in Medicine and — Surgery. Vide No. 88. [2ith March, 1870.J Preamble. TITHEEEAS it is expedient to amend " The Medical Ordinance, ' ' 1867," and to bring the same into uniformity with Imperial Legislation, by providing for the registration in British Columbia , of members of the Medical Profession already duly registered in the United Kingdom, under the Imperial Statute the 21° and 22° Victoria, Chapter 90: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows :- Provides for the re- !• Upon the application of any person duly registered under the s^reSerelir'" P^o^^sions of the 21° & 22° Vic, cap. 90, such person shall, on England: payment of a fee often dollars, be entitled to be registered under 430 [33 Vict.] Grown Grants. [No. 131.] "The Medical Ordinance, 1867," by thfe Registrar appointed under A.D. 1870. such Ordinance, on producing to such Eegistrar a Certificate duly authenticated under the hand and seal of the Registrar of Medical Practitioners in England, Scotland, or Ireland, as the case may be, that such applicant is duly registered under the provisions of "The Medical Act," to wit: the 21° & 22° Victoria, chapter 90, and on producing an affidavit made before a Magistrate, or other person duly qualified in British Columbia to receive solemn declarations, to the effect that he is the person named in such Certificate, and that such Certificate was duly granted by one of the said Registrars as aforesaid, and that he has not lost the benefit of the same by reason of misconduct or otherwise. The Registrar of Medical Prac- Kegister may be ^ amended. titioners in the said Colony may be amended in respect of any # qualification subsequently acquired by any person therein registered, ■ on production and proof of such qualification, and on payment of an additional fee of ten dollars, all such fees to be applied and accounted for as fees under the said Ordinance. 2. Every person registered under this Ordinance or " The Medical Enables registered Ordinance, 1867," shall be entitled, according to his qualification or Medical Practitioner ..r, ^. . ,. J- • ^-u V. to collect fees, qualifications, to practise medicine or surgery, as the case may be, in the Colony of British Columbia, and to demand and recover in anyCourt of Law, with full costs of suit, reasonable charges for professional aid, advice, and visits, and the costs of any medicine or other surgical or medical appliances rendered or supplied by him to his patients. •i. This Ordinance may be cited as " The Medical Amendment short Title. Ordinance, 1870." No. 131. An Ordinance to facilitate tlie issue of Crown Grants. ^ D jgyo. inth April, 1870.] TI7HEREAS it is expedient to facilitate the issue of Crown Grants Preamble, to the owners of land purchased from the Crown : Be it enacted by the Governor of British Columbia^ with the advice and consent of the Legislative Council thereof, as follows : — 1. In any case in which the Chief Commissioner of Lands and Chief Commissioner "Works and Surveyor General, or other the officer for the time for^crow Gm^t^to being charged with the duty of issuing Crown Grants to persons Registrar General ; claiming grants of land purchased previous to the passage of this Ordinance, either directly or derivatively from the Crown, shall not 431 [No. I8I.3 Grown Grants. [33 Vict.] A.D. 1870. ■be satisfied with the evidence of the validity of the claim of auy applicant for such Crown Grant, such Chief Commissioner or officer aforesaid is hereby authorized and empowered to, and shall if required by the applicant so to do, refer such claim, and all other matters in anywise relating thereto, to the Registrar General of Titles, who shall examine into the claim, title, or matter so re- ferred, and proceed therein in the manner hereinafter provided. Who shall cause his 2. Upon evidence, to the satisfaction of the said Eegistrar General mend*Grant to bT" ^^^^S adduced, that any such applicant whose claim or title has gazetted. been so referred as aforesaid, is in anywise reasonably entitled to a grant from the Crown of land either purchased from the Crown by himself or by any person through whom he may claim * title, the Eegistrar General aforesaid shall, in cases where the applicant has not purchased directly from the Crown, cause a notice to be inserted in the Government Gazette, for such space of time, not less than three calendar months, as the said Registrar General shall, in his discretion, deem expedient, of his intention to recom- mend the issue of such Crown Grant to the applicant, on the expiration of the time specified in such notice, unless, in the mean- time, objection be made in writing to him against the issue thereof. Registrar General's ^" ^^ ^° ^^^^ objection be made within the time limited for certificate to issue that purpose, the Registrar General shall, immediately on the expiration thereof, or as soon as may be practicable, certify in favor of the issue of the Crown Grant to the applicant; and it shall be lawful for the said Chief Commissioner, or other officer aforesaid, upon the production of such certificate, to issue and deliver the Crown Grant to the person' so found to be entitled. May refer to Su- 4. If any objection be preferred in writing as aforesaid, or if Judge. ^''"'* °' ^^^ ^^^^ Registrar General be not satisfied of the sufficiency of the title of the applicant, it shall be lawful for the said Registrar General either to refuse to grant such certificate, and the applicant or other person making any objection shall be at liberty to require the said Registrar to refer the matter in dispute to the decision nf the Supreme Court of British Columbia, or to any Judge of such • Court, as to the title for the time being in question, or any matter or thing relating thereto; and such Court or Judge as aforesaid, is hereby authorized and empowered to decide every such matter and thing, and such decision or order shall be sufficient authority for the Registrar General to certify in favor of the issue of the Crown Grant to the person by such decision or order held to be entitled to the same. Summary mode of 5. The matter in dispute may be brought before the Court as reference and deci- aforesaid, by way of a case stated by the claimant, or by the Regis- trar General, in such form as he shall deem expedient, or before a Judge by summons; and, thereupon, the Court or Judge shall 432 sion [83 Vict.] Crown Grants. [No. 131.] decide all questions of law and fact; or, if so desired by the claim- a.D. 1870. ant, shall order any question of fact to be tried by a jury in the usual way, and to direct by whom and to whom the costs, if any, consequent on or attending the application (the granting and amount of which costs shall be entirely in the discretion of the Judge or Court) be paid, or the Judge may refuse to decide the matter, and refer it to the Court. 6. The claimant aforesaid is hereby empowered and shall be Registrar may sum- entitled to obtain a summons at the office of any Registrar or ™°" witnesses. Deputy Registrar of the Supreme .Court, to any witness, with or without a clause requiring the production of papers a,nd documents in his possession or control. Every person on whom such summons shall have been served, po^er to enforce either personally, or in such other manner as shall be directed by attendance, the Court or Judge, and to whom at the same time payment or tender of payment of his expenses shall have been made, on such scale of allowance as shall for the time being be in force for wit- nesses generally, according to the Rules of ihe said Court, and who shall refuse or neglect, without sufficient cause, to appear or to produce any such papers or documents required by such summons to be produced, shall forfeit and pay a fine not exceeding fifty dollars, as the Judge shall set on him; and the whole or any part of such fine, in the discretion of the Judge or Court, after deduct- ing the costs, shall be applicable towards indemnifying the party injured by such refusal or neglect, and the remainder thereof shall be paid into the Treasury of the Colony, to the use of Her Majesty, Her heirs and successors. 7. The issue of any such Grant as aforesaid, shall not bar or in issue of Grant not any way affect any equities that there may be attaching to or *° ^*^«=* equities. affecting the land or the title therelo at the time of the issuing of the Crown Grant thereof. 8. No suit, action, or other proceeding shall be maintainable at indemnifies aii Go- any time hereafter, by any person against the Registrar General, vernment Officers, nor shall he, or any other officer of the Government whomsoever, be liable for any loss, damage, costs, or expenses whatsoever, by reason or in consequence of the issue of such Certificate and Crown Grant as aforesaid. 9. It shall be lawful for the said Chief Commissioner, before the chief CommiBsioner issue of anv Crown Grant as aforesaid, to require and enforce the may enforce produc- -, t ^ ly • J.I. *""> of papers. delivery and production of all papers and documents lormmg the chain of title to the land comprised in such Grant, and the decisiop. or order of the Court or Judge, if any, obtained as hereinbefore provided; and the said papers and documents, and decision or order as aforesaid, shall be deposited by such Chief Commissioner, or other officer as aforesaid, in the office of the Registrar General, there to be kept as part of the records of such office. 433 Po, 132.] ComMm 8ehod Amendment. [33 Vict.] A.D. 1870. Begistrar General may administer oaths. False statement or concealment a mis- demeanor. Fee for certificate. Interpretation Clause. Short Title. 10. Thie Registrar G-eneral is hereby empowered to administer oaths to all persons desirous of giving evidence relating to the title of any person claiming a Crown Grant as aforesaid; and, also, to require any statement made by any witness to be reduced into writing, by way of affidavit or solemn declaration ; and every wit- ness or other person who shall, in giving such evidence before any Judge, or Court, Chief Commissioner, or Registrar, as aforesaid, make any wilful false statement, or suppress or conceal any material document or fact, shall be deemed guilty of a misdemeanor, and upon conviction shall be liable, at the discretion of the Court by which he is convicted, to be fined in a sum not exceeding one hundred dollars, or imprisoned for a term not exceeding three calendar months. 11. There shall be paid to the Registrar General the sum of five dollars for every certificate so granted by him as aforesaid, to be accounted for as part of the fees of the Land Registry Office. 12. In the construction of this Ordinance the word "Governor"' shall mean and include the Officer for the time being administering the Government of the Colony; and whenever in describing or refer- ring to any person or party, matter or thing, any word importing the masculine gender or singular number is used, the same shall be understood to include and shall be applicable to several persons and parties as well as one person or party, and females as well as males, and corporations as well as individuals, and several matters and things as well as one matter or tiling, unless it otherwise be pro- vided, or there be something in the subject or context repugnant to such construction. The words " Crown Grant" shall mean any Instrument in writing under the Pubhc Seal of the Colony con- veying land in fee simple. 13. This Ordinance may be cited as the " Crown Grants Ordi- nance, 1870." No. 132. A.D. 1870. An Ordinance to amend " The Common School Ordinance, — 1869." Vide No. 122. [20iA AfrU, 1870.] Preamble. "H/HEREAS it is expedient to remove doubts relating to the ''' construction of "The Common School Ordinance,, 1869," and to amend the same : And whereas it is expedient to make provision tor the InspecliW of Common Schools : '^ 434 [33 Vict.] Ommon Sehool ATMrdmmt. [Ko. 132-] Be it enacted by the- Governor of Britisli- Columbia, with the ^jj. Ig^O. advice an-d consent of the LffgisJiatiTe) Council thereof, as follows : — — ^ 1. It shall be lawful for the Governor, from time to time, to Governor may ap- appoint a fit and proper person, or fit and proper persons, to be gcho^ois.^^*''*''™ ° Inspector or Inspectors of Schools established under the said Ordi- nanee^ and to make provision, for his or their expenses; and the same maybepaidiout of the General Bevenue of the Colony, not- withstanding anything in the said Ordinance' contained to the contrary, and in particular to the provision in the second Section thereof, in the words- fbltewing: — "provided, always, that the expenses of any such visitation and inspection shall not be borne by the' School funds," which provision shall be and is hereby repealed'. 2. It shall be the duty of the said Inspector or Inspectors- (whose Duty of inspectors, appointment shall.be notified in the Government Gazette) from time to time, to visit and inspect all Common Schools established under the said Ordinance, and examine, enquire into, and report upon theiseveral matteraj persons,, and things following, for the intomation of the Governor in Council : — (1.) The management, character, efficiency, and general condition of the said 'Schools: (2.) The character and qualifications of the Teachers: (3.) I All complaints which may be made in respect of the conduct,, management, or condition of any School: (4;); The, text; books in use in the said Schools, and to see thait none but those duly approved of are used therein. It shall also be the. duty, of the said Inspector or Inspectors to exaniine the children of each School at least once in every year, to satisfy himself or themselves that every reasonable endeavour has been made for the payment of the salaries guaranteed by each Local Board" to the several School Teachers before the public grants of money are made to the said Boards respectively by the Governor iii Council, and generally to carry out all instructions which may be issued to him in writing by the Governor in Council, in so far as they may be in accordance with the provisions of the said Ordi- nance. 3. The said Inspector or Inspectors shall make an annual report inspector to make to the Governor in Council, before the 31st day of December in Annual Reports, each year, upon life condition of aH'Common Schools inspected by him or them, and a copy of such reports shall be laid before the Legislature, as soon thereafter' as may be practicable. 4; The Governor in Council shall have power to appoint, from Board of Examiners time to time, fit and proper persons, not less than three and not ''o'^ ^PPO'°'«'i- more th'an five, to be a Board of Examiners for the purpose of exam- ining School Teachers, and after examination to grant to them 435 [Eo. 132.] Common School Amendment. [S3 Vict,] A.D. 1870. certificates of competency wlien found advisable; and it shall be lawful for the' Governor in Council aforesaid to refuse the payment of any grant to any School Teacher who has not received a certifi- cate of competency as aforesaid. Appointment of 5. The Local Board of each District shall appoint some person, ectors. ^^ .£ ^-^^^ think it expedient one of themselves, as -Collector to collect the tax, rate, or tuition fees imposed by them, or the sums which the inhabitants of the District may have subscribed for the current year, and they may pay such Collector at the rate of not more than ten per cent, on the moneys collected by him. List of Bate-payers. 6. The Local Board shall make out a list of the names of all persons rated by them for School purposes, or liable for tuition fees, or for moneys agreed to be subscribed as aforesaid, and shall annex to such list a warrant directed to the Collector for the collection of the several sums mentioned in such list; and such warrant may be in the form in the Schedule to this Ordinance annexed. Boundaries of Muni- 7. Any School District for which the Council of any Municipality trfcte^"^""' ^^^' ™^y ^® °^ ^^^ ^®®° constituted the Local Board according to the provisions of the said Ordinance, may include within its limits any quantity of land outside the Municipal boundaries as may be or may have been approved of by the Governor in Council, and all persons residing without such Municipal boundaries, but within such School District, shall be and are hereby declared to be liable to pay all rates, taxes, fees, and sums of money assessed on or pay- able by them, in like manner as if they resided within such Muni- cipal boundaries. Bight of male resi- 8. And whereas it is expedient that all male residents of each dents to vote. District above the age of twenty years should have the right to attend and vote at the special and annual meeting appointed to be held under the provisions of the said Ordinance. Be it therefore enacted that Section 6 and 7 of the said Ordinance, shall be and are hereby amended by striking out the words "freeholders and, resident householders," and inserting in lieu thereof the words "male residents above the age of twenty years." Form of Tax By- 9. Every By-Law passed as provided in Section 8 of the said ^^^- Ordinance, may be in the form of a resolution as provided in the Schedule hereto, and shall be transmitted to the Governor and certified under the hand of the Chairman of the meeting at which the resolution has been passed. Taxes when due. ^^- "^^^ ^^^t annual period for which any tax, rate, or sum of money shall be payable as aforesaid, shall commence and be deemed to have been due on the day on which the first By-Law in any District shall have been approved of by the Governor, and thence-, forward shall bo payable for any subsequent year and be due from 436 [33 Vict.] Cimmm School Amendment. [Ko. 132.] the date of the approval of each succeeding By-Law duly approved ^ j), 1870. as in the said Ordinance is provided. 11. This Ordinance may be cited as "The Common School Short Title. Amendment Ordinance, 1870." SCHEDULE. Form of Warrant. We the undersigned, being the Local IJoard for the School District of , by virtue of the authority vested in us by " The Common School Ordinance, 1869," and " The Common School Amendment Ordinance, 1870," hereby authorize and require you [here insert name of Collector^, after ten days from the da,te hereof, to collect from . the several individuals in the annexed list, the sums of money set opposite their respective names, and payable under the said Ordinances for the year ending , 18 , and to pay within days from the receipt thereof the amount so collected to our Treasurer, whose discharge shall be your acquittance for the sums so paid, and in default of payment on demand, by any person so rated, assessed, or liable, you are hereby authorized and required to levy the amount by distress and sale of the goods and chattels of the person or persons making default, on order to be made in that behalf by a Justice of the Peace as provided by the said Ordi- nance. Griven under our hands and seal this day of 18 . B. C, [■ Local Board. CD.,) Form of Resolution. Resolved, That the Local Board for the School District of do collect, and are hereby empowered to collect and levy a Tax or Kate of dollars per head, for the year commencing the day of 18 , upon all male residents above the age of twenty years in the said District. Passed at a meeting held the day of 18 . Certified by me, A. B., Chairman. 437 [M^. laaj Q'cms. [33 Vict;] A.D. 1870. Preamble. Repeals Ordinance of 1869. When unlawful to have Game in pos- session. Empowers Justices oi Peace to make search. Interpretation. No. 133. An Ordinance entitled the "Game Ordinance, 1870." I20tli April, 1870.] WHEEEAS it is expedient to protect Game of various descrip- tions from being killed out of season, and to assimilate the Law affecting such mattera; in all parts of the Colony of British Columbia: Be it enacted by the GqyerffiOr qf British Columbia, with the advice and consent of the Legislative Council thereof, as follows:— 1., Thei'^^anae Ordma£ice,.1869," ia hereby repealedi;, but such repeall^all noti cause ^tO' revive anyi -Ordinance or Acf repealedi by the- OTdinanca hereby repealedi ^, F.i]om,£^u(i.#jir, the. passage of this, Ordinance, it shall be,' un- lawful fej"; ^^7' person or persons to hftve- gameiio hiSjiher, or their pQaeessioii.itii the CitjiiOf ¥lctoria,.Qr ofiSew Westminster, or inthe> Tlownj of Kanaimo, oi"o£E8quimalt^ or within the- distance, of onet milefrom^any oifctheisaid cities ortownsj or on boardi of any steam- boat, bel3sfeert the-fit-st^day-of Mlareh- and the tenth day of August- ifa any year; or oFvenison, between the first day of February and the first" day of Augusfrin any year; or to collect' or dfestroy the eggs of any grouse, quail, prairie-fowl, pheasant, or partridge. 3. It shall be^l^fpl for any Justice of the Peace, upon informa- tion iQi^,oaj^h,„tyatfth^e is probable cause to suspect that a breach of the provisions of this Ordinance has been committed, or that game, venison, or the eggs of grouse, quail, prairie-fowl, pheasant, or partridge be or is likely to be on any premises, or on or about any person or persons within the City of"Victoria, or of New "Westmin- ster, or within the Town of l^anaimo, or of Esquimalt, or within the distance of one mile frona .any,, of the said cities or towns, or on board.of any steamboat in the harbour of Victoria, Esquimalt, or Nanaimo, by warrant under his hand and- sealj to authorize and empower any Constable or Polifce Offlber to enter- and search sock- premises, and to search such person or persons; at any time, and to seize allgame, venison, and'eggs aforesaid; wherever found; pro- vided, that no such warrant shall continue in force after the ninth day of August in the year in which it shall bave been issued.' 4. In,th9,CQ^n^t:^viction of this Ordinance, or of any information to be laid, or any warrant to be issued under the provisions herein contained, the term " game " shall be held to mean dead grouse, quail, prairie-fowl, pheasant, partridge, robin, lark, thrush, or wild-pigeon; and the term "venison" shall be held to mean the 438. [S3 'Vict.'] Customs AmmMent. PTo. lS4..iI carcass or amy part of a dead 'deer or elk, 6r '# tie youtig fheredf ±^y>. \WtQ. Tespectively. ■ ""^^^ 6. Every infraction or evasion of this Ordin'ancte shall be punish- Declares peaalties, able, upon conviction, in a summary manner, before any Justice of the Peace in British Columbia, by a fine not exceeding fifty dollars, for each separate ofience, to be leVied by distress, or ih d^fflult of payment by imprisonment for any term hot exceeding one month, at the discretion of the Justice of the Peace convictiiig. 6. Any person giving informatitan leading to the conviction of Information, any person under this Ordintoce, shall be entitled to receive onlS- half of any pecuniary penalty inflicted tinder this Ordinance. 7. In case of any summary conviction under this Ordinance, no Conviction not to be warrant of commitment upon a conviction shall be held to b^ invalid by reason of any defect therein, if it be therein alleged that the person offending has b^en convicted, and there be a good and valid conviction to sustain the same. 8. This Ordinance shall not apply to elk, deer, or the young Limits application thereof respectively, killed betore the first day of February in any "^ Ordinance, year; or to grouse, quail, prairie-fowl, pheasant, or partridge, robin, lark, thrush, or wild pigeon killed, or eggs collected, before the first day of March in any year. 9. This Ordinance may be cited for all purposes as the " Game Short Title. Ordinance, 1870." No. 134. An Ordinance to create a further Duty of Customs for the A.D. 1870. Pubhc Service. L^UJ/I A'prU, loTU.J when assented to by Her Majesty. WHEREAS it is expedient to raise a further sum of money for preamble, the Public Service of the Colony, by altering the duty now imposed on spirits : Be it enacted by the Governor of British Columbi% with the advice and consent of the Legislative Council thereof, as follows : — 1. On and after the 20th day of April,. A. D. 1870, in lieu ot the j^p^g^g ^ ^^jy ^f Duties of Customs now leviable upon spirits and strong waters S2 50 per gallon oa ■, f -,1 1 1 1 • T Spirits, imported into British Columbia, there shall be assessed, levied, collected, and paid upon all spirits and strong waters so imported on or after the said 20th day of April, A. D. 1870, and sweetened or otherwise, for every Imperial gallon of fall strength of proof, 439 [No. 135.] Courts Merger. [33 Vict.] A.D. I87O. °^ l^ss, by Sykes' hydrometer, and in proportio» for any greater — or less quantity than a gallon, the sum of two dollars and fifty cents. Tor the purposes of this Ordinance, all spirits and strong waters as aforesaid in bond on and after the said 20th day of April, A.D, 1870, shall be liable to the payment of the said duty. Such duty to be'coi- 2. The duties hereby imposed shall be deemed to be Customs toms Acts of 1853, duties, in all respects subject to the " Customs Consolidation Act, 1855, im. ' 1853^ the " Supplemental Customs Consolidation Act, 1855," the " Customs Ordinance, 1867," and this Ordinance, and shall be under the care and management of the Collector of Customs for the time being for the Colony, who by himself and his officers shall have all the powers and authorities for the collection^ recovery, and management thereof, as are under or by virtue of the said Customs Consolidation Acts, or either of them, the " Customs Ordinance, 1867," or this or any other Act, Ordinance, or Procla- mation vested in the said Collector, for the collection, recovery, and management of Duties of Customs, and all other powers and authorities requisite for levying the said duties. Penalties for eva- sion. Short Title. 3. Every evasion or attempt at evasion of or offence committed by any person or persons to defeat the payment of any of the duties hereby made payable on any goods or things imported into British Columbia (which shall include its dependencies) will, in addition to the penalties imposed by the " Customs Ordinance, 1867," be pro- secuted and punished in the manner prescribed by the said Customs Consolidation Acts. 4. This Ordinance may be cited for all purposes as "The Customs Amendment Ordinance, 1870." A.D. 1870. Vide Nos. 99 & 112, Preamble. No. 135. An Ordinance respecting the Supreme Court. [22nd AprU, 1870.] WHEREAS a vacancy has been created by the resignation of Joseph Needham, Esquire, late Chief Justice of the Supreme Court of Vancouver Island, and doubts may arise as to the effect of Buch resignation under " The Supreme Courts Ordinance, 1869," and it is expedient to remove such doubts and make other provisions in view of such resignation : Be it enacted by the Governor of British Columbia, with tlie advice and consent of the Legislative Council thereof, as follows:— 440 f33 Vict.] Courts Merger. ^o. ISS.] 1. The merger of the Supreme Court of ffe' Slainfead of Brlddi ^.p. igT'C Columbia, and of the Supreme Court of Vancouver IslaiBid, into ^e -Supreme Court of British Columbia, under "The SupP&me l"f fr°m^°29tb' ^^ •Courts Ordinance 1869^ " shall be deemed and taken for all purposes March, 1870, whatsoever to have taken place as from the twenty-ninth day of March, A. D. 1870, and ehall be so recognized in judicature, and thereout, in all proceedings, matters, and thiags by all persons and for ail purposes whatsoever. 2. E'othing in the said " Supreme Courts Ordinance ,1869y '* supreme Coart Or- contained, shall be deemed or taken to afiect or invalidate any acts dinance, i869,nott0 ' "^ inTalidate any act of or proceedings done, commenced, or taken in the Supreme Court Supreme Courts of of Vancouver Island, or in the Supreme Court of the Mainland of MaLTand?^'^^"*^"' British Columbia, or either of them, or any Decrees, Judgments, or Orders of the said Courts, or either of them, and whether in Equity or at Common Law, and as well relating to Bankruptcy aS to the granting of Probate and to the administration or otlier disposition of the estates and effects of deceased persons, intestate or otherwise; and whether before or since the resignation of the said Joseph JSTeedham, or such vacancy as aforesaid.; and whether ;made, done, '«r registered by any Chief Justice, Judge, or Officer of either ot the said Courts, or otherwise, by any person whomsoever; and whether so made, done, or registered within or without the jurisdiction of either of the said formerly separate Supreme Courts. 3. All proceedings lieretofore commenced,, taken, or continued, provides for trans- or purported to be commenced, taken, or continued in the said ference of suits to 'Supreme Court of Vancouver Island, or in the Supreme Court of the Mainland of British Columbia, or now or hereafter purporting to be continued in or transferred into the Bujpreme Court of British Columbia since the said resignation and vacancy, may be continued and prosecuted in the Supreme Court of British Columbia; and all matters relating to Probate and the. administration of the estates and ^effects of deceased persons so commenced, taken, granted, or con- tinued, or purported to be commenced, taken, granted, or continued, shall be prosecuted and continued in the said Supreme Court of British Columbia, and shall have as full force and effect, and l)e .so cognizable respectively, as if originally commenced, taken, and dealt with in the said Supreme Court of British Columbia. 4. All Actions and Suits whether original or by way of appeal, and whether from the County Court or otherwise, .and all or any ding to be transfer- matters, things, or proceedings whatsoever, which at the time of ^^^ *° "^'^ ^°"''*' such resignation or vacancy were pending in either of the said separate Supreme Courts, shall be transferred with all the proceed- ings therein to the Supreme Court of British Columbia, there to be dealt with and decided according to the Rules, Regulations, and practice of the Supreme Court of British Columbia, except so far as such Court may think expedient to adopt for the purposes of 441 [No. 135.] Courts Merger. [33 Tict.] A.D. 1870. such transferred Actions, Suits, matters and things, or any of them, — the Rules, Regulations, and practice of the Court in which the same shall have been pending, to which end the Supreme Court of British Columbia shall, for the purpose of such Actions, Suits, Proceedings, matters and things, as well as otherwise, have all the jurisdiction, power, and authority possessed by the Court from which such Actions, Suits, Proceedings, matters or things shall be , transferred; and every person who, if this Ordinance had not passed or such resignation or vacancy aforesaid taken place, might have appealed to Her Majesty in Council against any Proceeding, Decree, Judgment, Order, matter or thing of or in the Supreme Court of Vancouver Island, or the Supreme Court of the Mainland of British Columbia, may, notvnthstanding anything contained in "The Provides for appeal Supreme Courts Ordinance, 1869," appeal to Her Majesty in Council to Her Majesty in against such Proceeding, Decree, Judgment, matter or thing. Provided, always, that nothing herein contained shall affect any of the provisions of " The Supreme Courts Ordinance, 1869," other than is herein specifically expressed. Appointment of Re- 5- In addition to such Officers as may from time to time be gistrar and Deputy appointed by the Supreme Court of British Columbia for the due administration of justice, and for the due execution of the powers and authorities which are by Law vested in the said Supreme Court of British Columbia, there shall be appointed by the Governor of the said Colony, suitable persons to be respectively Registrar and Deputy Registrar of the Supreme Court of British Columbia. There shall be paid to such Registrar the annual salary of one thousand nine hundred and forty dollars, and to such Deputy Registrar the annual salary of one thousand nine hundred and forty dollars, out of the Q-eneral Revenue of the Colony; provided, that such Officers shall retain and hold their respective offices during the pleasure of Her Majesty, Her heirs and successors. Upon any vacancy in either of the said offices, however arising, such vacancy shall be filled up by the Governor for the time being; but nothing herein contained shall prevent the said Court from appointing District Registrars for the said Court, for any places Or districts in the Colony from which the said Registrar or Deputy Registrar shall, , for the time being, be unavoidably absent. Short Title. 6. This Ordinance may be cited for all purposes as " The Courts Merger Ordinance, 1870." 442 [33 VioT.] Municipal Fines. — County Courts. [Noa. 136 & 137.] No. 136. An Ordinance respecting the enforcement of Municipal By- A.D. 1870. Laws. [22nd April, 1870.] TI7HEREAS it is expedient to make provision for the disposition Preamble. and apportionment of moneys collected by way of Tax, Fine, Penalty, or Costs, under Municipal By-Laws in the Colony: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. All taxes, fines, and penalties assessed, levied, and collected. Municipal taxes, or to be hereafter assessed, levied, and collected from any person g "ev^er collected °to' or persons whomsoever, under or by virtue of any By-Law of any te paid to Municipal Municipality by whomsoever collected, whether by any Municipal Officer, Justice of the Peace, or general Police shall, save so far as otherwise prescribed in such By-Law, be paid over, when collected to the Treasurer or other proper Financial Officer of such Munici- pality, |to be applied and accounted for by him as part of the Revenue of such Municipality, or to and in such special uses and manner respectively, as may be declared in that behalf in such By-Law. 2. The fees and costs of the Court in or through which or its ^^^^ ^^^ ^^^^^ ^^ Officers such taxes, fines, penalties, or costs may be recovered. Court. shall be paid and applied to the same uses and in the same manner # as the ordinary fees and costs of the Court iu which the same may be collected. 3. This Ordinance may be cited for all purposes as the " Munici- g^Q^^ ^itie. pal Fines Ordinance, 1870." No. 137. .An Ordinance to alter and amend the "County Court Ordi- A.D. 1870. nance, 1867." I22nd April, 1870.] ^"^ ^°'-^^ * 128. WHEREAS it is expedient to alter and amend the procedure and Preamble practice of the County Courts of the Colony of British Columbia, for the purpose of better administering justice there- under: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows: — 443 iKo. 137.] Vmnly Courts Amendment. [33 Vict.] A.D. 1870. 1. That Sec'tion 8 of the said "County Court Ordinance, 1867," Eepeals Section 8 of, j.r •i.-l tj " County Court Or- be and the same is hereby repealed. finance, 1SS1. Proyides for remov- 2. Any action commenced in a County Court for a claim exceed- to^Su*'"i "olart.^** ^°S *®^ pounda may be removed by either party, plaintiff or detendant, into a Superior Coiirt, on giving to the other party five days' notice of such intention prior to the return day of such sum- mons. Provided, always, that no such removal shall be allowed unless some by any Ordinance or Act to be issued and passed by him with such advice and consent as aforesaid, or out of the Current Revenue of the Colony, appropriate for that purpose. Debentures when i|. X\\ Debentures so redeemed '(save those as aforesaid ptO'- ch'ased on account of the Sinking Fund) shall be forthwith cancel- led and destroyed; and no re-issue of Debentures shall be made in consequence of such redemp'tion and destruction. Eeduction of Sink- 15. From atid after the date of any and 'every such ire-purchaBe ing Pun . ^^ redemption of Debentures as last aforesaid, tiaie amount than payable to the Sinking Fund shall l)e from time to timeTeducedin exact proportion to the amount of Debentures for the thnie being remaining unredeemed ; and any moneys remaining in the Sifflkinig Fund, after the Loan hereby sanctioned is fully paid and satisfied, to Treasury. ' shall be forthwith paid over to the Treasurer, and accounted for as General Revenue. Balance to be paid Trustees may pur- 16. It shall be lawful for any Trustees, Executors, Administl'A- chase Debentures. ^^^^^ ^^ Gulao'dianB, having the disposition of any trust moneys, to p'Uircfhase any such Debentures, by and out of trust moneys, aad every such pul-chase shall be deemed a due investment of sutfh trust money. Payment to actual 17. It shall not be ncccssary for the said Colonial Treasurer, tures deemed ^oofl. Crown Agents, or a;ny other person acting for or in behalf of the Government of the said Colony, to notice, or re^gard, or enquijr* into any trust to which any Debentures shall be liable, orthe rights or authority of any one being the actual holder or bearer of a^y such Debentures as aforesaid ; but payment to the actual holder or bearer thereof, or his lawful agent, shall be deemed in all cases due payment, unless otherwise specially agreed in writing, by .and under the hand of the Treasurer, Crown Agents, or other person acting as aforesaid, for the time being entrusted with the sale of such Debentures. Penalty for forgery. 18. Any person who shall forge or alter, or shall utter, or disptlse of, or put off, knowing the same to be forged or altiered, any De- benture made out and issued under this Ordinance, shall be guilty of felony, and being thereof convicted shall be imprisoned for aMy •period not exceeding three years, with or without hard labour, at the discretion of the Judge before whom any such person shall be tried and convicted. 448 [g3 Vkt.] Loan. [Wo, 138.] 19. This Ordinance maybe cited for all purposes m^The British Columbia Loan Ordinance, 1870." A.D. 1870. Short Title, SCHEDULE. EORM. A. British Columbia Goveenment Debenture. No. "British Columbia Loan Ordinance, 1870," £75,000. For '[One kandred^ Poands advanced to the G-overnmeat of British Colum- bia, the holder of this Debenture is entitled to receive Interest at the rate of Six per centum per annum, in half-yearly payments, payable at the £ OJices of ffie Grown Agents /or the Colonies, in London, or at the Treasury, Victoria, British Cohmbia, as the case may 5e] on the 1st March, and 1st September, in each year. The said sum of f One Mundred] Pounds sterling, with interest thereon, is charged upon and made payable out of the General Revenue of the Colony of Britdsh Columbia, under the terms of " The British Columbia Loan Ordi- nance, 1870," and the principal will be repaid [m London, at the aforesaid Offices, or at the Treasury, Victoria, British Columbia, as the case may be] at the expiration of Thirty (30) Years from the 1st day of September 1870. Signed on behalf of the Government of British Columbia, and in accordance with the provisions of the Ordinance above cited. Begifit«r«d, ~^~\ C^"**"* Agents /or J the Colonies. EOKM B. British Columbia. No. Half-year's Interest due [ ] on Debenture No. , payable at the y Offices o/ the Crown Agents for the Colonies, London, or the Treasury, Victoria, British Columbia, as the case may be]. £ ■ Agents General. 60 sitch Cottons, numbered /rom No. 1 wpwards, to he attached to each Itebenture Bond. N. B. — The holders or hearers o/ this Debenture may alter the place o/pay- ment of Principal and Interest, to the Treasury, Victoria, British Colv/mbia, or the Offices of the Crown Agents for the Colonies in London, by giving Six Months' previous notice in writing, terminating on the 1st day of March, and, 1st day of September, at the previous place of payment (the Treasury in Victoria, British Columbia, or the Offices of the Crown Agents, aforesaid, for Crown Cdonies in London, as the case may be") of his wish to make such alteration, omd causing the Officer acting as Treasure in Victoria, British Columbia, or the said Crown Agents for the Colonies in London, as the case may he, to endorse on this Debenture a memoromdum of such alteration, 449 [Ifo. 139.] Supreme Court Fees. [33 Vict.] No. 139. A.D. 1870. An Ordinance to regulate the Fees, of the Supreme Court of ^^.GeneUorder. British Columbia. (Appmdix). [26 1870 s^sll pay an annual tax of two dollars for eact and every such quantity" of land as aforesaid. " Every person possessed of any interest in any real estate in any of the said Road Districts, vrhicli shall exceed ten acres in extent, shall pay for every additional acre or portion of an acre over such ten acres a further annual tax of four cents. "Provided, that no person assessed in respect of real estate shall be liable to pay, in addition thereto, the annual tax of two dollars as hereinbefore mentioned ; but he shall in all cases where resident in any District, and possessed of any interest in real estate therein, be assessed and liable to pay only the tax in respect of such real estate. " Provided, also, that nothing contained herein, or in the said "Eoad Ordinance, 1869," shall be deemed or taken to convey, or to have conveyed, the meaning that two or more persons intercBted in the same real estate as aforesaid, standing in the relation of lessor and lessee, mortgagor and mortgagee, or interested therein as shareholders or partners in any chartered or incorporated com- pany, or in any partnership or firm, shall each be or be deemed to have been liable for the tax at which such real estate shall be or have been assessed." 4. Every merchant, farmer, trader, or employer of labour shall be and is hereby authorized to pay the annual tax of two dollars due or to become due by any person or parties, in his employiment, and to deduct the total amount so paid on account of such person or parties from the amount of salary or wages due or to become due to him or them from such employer, upon production and delivery of the receipt therefor to such person or persons. 5. The Governor shall, by any writing under his hand>piiblifihed in the Government Gazette or any other newspaper published in the said Colony, appoint (and from time to time, by any such writing similarly published, alter and vary such appointment at his dis- cretion) any person or persons to be and sit as a Court of Appeal for any District or Districts, the first sitting of which shall be held on the first day of February in each year, or the first Monday thereafter, and on any subsequent days such Court may appoint during the month of February. Who may appeal. At such Court of Appeal it shall be lawful for any person assessed as aforesaid, who shall feel aggrieved by reason of being assessed, or by reason of the amount at which he or any other persoaift assessed, or by reason of some person or persons improper^ omitted from the list and not assessed, either by himself or his agent, to appeal against such assessment, and the Court shall either coHfiwS) amend, or disallow such assessment, as to them shall seem requi- Decision final. site, and such decision shall be final, and shall not be moved by certiorari, or otherwise, into a superior Court. 452 Court of Appeal. Vide No. 155. [33 Vict.] Road AmendmenL fSfo. 140.J The Collector shall attend such Court ofAppesA, wheo required, j^j) i87ff, and shall be allowed at the rate of three dollars, out of the Public Eevenue of the Colony, for each day's attendance at the said Court. 6. In lieu of Section 22 of such Ordinance, repealed as aforesaid, be it enacted as follows : — " Any tax due under the provisions of this Ordinance, wMch shall fccovery of tax by not be paid within thirty days of the period when it shall have "^'stre^*- become due, may be recovered at the suit or instance of the Col- lector, in a summary manner, before a Stipendiary Magistrate or two Justices of the Peace, together with, the costs of the proceed- ings ; such amount of tax and costs to be recovered by distress on the goods and chattels, wherever found, of the person liable to pay the said tax; and for the purposes of this Ordinance all trees and timber, whether severed or unsevered, shall be deemed t6 be goods and chattels." 7. In lieu of Section 23 of the said Ordinance, so repealed as aforesaid, be it enacted as follows: — "In case of the insufficiency of any such distress, the Magistrate in default, or Justices aforesaid may make an order to cause the amount so adjudged due, or then remaining due, together with the costs oi proceeding, to be paid within seven days, and thereupon and thenceforth the same shall carry interest at the rate of eighteen per cent, per annum, until paid and satisfied. All orders so made as aforesaid, shall be transmitted to and filed of record in the Land Registry Office, and entered, on the application of the Collector, as a charge against any land in respect of which the tax so in charge on the land, arrear shall have been made, and such order and charge shall in- clude any costs or expenses leviable under the provisions of this Ordinance." 8. In the case of any party or parties possessed of any interest Absentees compel- in any real estate being absent from the Colony, without having in led to pay tax. the Colony any known authorized agent who will pay the amount of tax assessed against such party or parties in regard of land, the land in respect of which such tax shall be assessed shall be held to be liable for the amount; and the amount of all such assessments as taxes, together with any costs due thereon, with interest on such total amount as aforesaid, shall be registered as a charge in the Land Eegistry Office, as aforesaid. Provided, always, that the sum assessed, as aforesaid, on the said party or parties in respect of the said land, may be recovered by summary process, on com- T)laintofthe Collector, before any Stipendiary Magistrate, or two Justices of the Peace, after proof of service of the summons, by affixing a copy thereof on some conspicuous place on the said land in respect of which such tax as been assessed, or upon the Court House (if any) of the District in which the land is situate, or if there be no Court House in such District, then upon the Court 453 [No. 141.] A.D. 1870. Materials gratis for roads, bridges, &c. Short Title. Cemetery. [33 Vict.] House of the adjoining District, and such posting up sJuiUbe deemed good service, of sucli summons; and thereupon it shall be lawful to levy the amoUnt due for taxes, with the costs of seizure and sale of the timber and improvements (if any) on the said land; such sale to be made in such manner and form as the said Magis- trate or Justices shall direct. 9. Provided, nevertheless, that it shall be lawful for Her Majesty, Her heirs and successors, and Her and their assignees and licensees, ^ and all persons duly authorized in that behalf under instructions from the Lands and Works Department, to take from any country land in the Colony of British Columbia, without Compensation, any gravel, sand, stone, lime, timber, or other material which may be required in the construction, maintenance, or repair of any roads, ferries, bridges, or other public works. 10. This Ordinance may be cited for all purposes as the "Road Amendment Ordinance, 1870." A.D. 1870. Preamble. Governor may ap- point Trustees for Public Cemeteries. Governo,r may re- move such Trustees aud fill up vacant Trusteeships. No. 141. An Ordinance to make general Eegulations for the establish- ment and management of Cemeteries in the Colony of British Columbia. WHEREAS it is expedient to make general Regulations for the establishment, maintenance, and management of Cemeteries in the Colony of British- Columbia: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:— 1. It shall be lawful foi* the Governor, from time to time, to appoint so many Trustees as he may think fit for any public Ceme- tery in British Columbia; every such appointment to be published in the Government Gazette of the said Colony; and the Trustees so appointed, and their successors to be appointed as hereinafter mentioned, shall have power to hold any lands or hereditaments that may be conveyed to them by deed or grant from the Crown, or by any other sufficient deed of conveyance, on trust, for the establishment or purpose of a Public Cemetery. 2. The Governor of the said Colony shall have power, from time to time, to remove from the said trusts any Trustee of any such Cemetery as aud when he shall think proper; and, also, on the death, resignation, or removal of any Trustee appointed under this 454 [33 Vict.] Cemetery. , [No. 141.] Ordinance, to appoint another in his stead; and every such removal ^,D. 1370, and'appointment shall be published in the Government Gazette ; and upon the publication thereof, without any further conveyance, the legal estate in all lands and hereditaments respectively held by any such Trustee, in trust for the purposes aforesaid, shall vest in such new Trustee as the case may require, and a copy of the Government Gazette shall be deemed sufficient prima facie evidence of such removal respectively, in all proceedings whatsoever. 3. It shall be lawful for the Governor, out of any part of the Governor may ap- Public Revenues of the said Colony appropriated, or to ibe appro- CoemetoiM.'"'**' priated, for the establishment of Cemeteries, to direct such sums of money, as he may think fit, to be paid to any Trustees to be appointed as aforesaid, and to their successors, in trust for the establishment and management of any Cemetery in the said Colony; and every such sum shall, in the discretion of the Governor, be either lent to such Trustees, to be repaid out of the fees as herein- after mentioned, or where, from the situation of the Cemetery, or any other circumstance, it shall seem improbable that such fees will be sufficient to defray any such loan, such sum shall, in such discretion as aforesaid, be paid to such Trustees, in trust for the establishment and management of the Cemetery. Provided, that in case 6f any sum being so lent as aforesaid, it shall be lawful for the Governor to require such security over the fees hereinafter mentioned as may be expedient, but no such security shall involve any of the said Trustees in any personal liability. 4. The Trustees of any such Cemetery shall have power to powers of Trusteeg enclose any land so to be granted or conveyed as aforesaid, with ^°^ *« <=?•'« ^""^ °r- proper and sufficient walls, rails, fences, or palisades, and to erect Cemeteries, suitable gates and entrances, and to lay out and ornament such Cemetery, in such manner as may be most convenient and suitable for the burial of the dead, and to embellish the same with such walks, avenues, roads, and shrubs, as may to theta seem fitting and proper, and to preserve, maintain, and keep in a cleanly and orderly state and condition, and cause to be so maintained and kept the whole of any such Cemetery, and its walls and fences, and all monuments, tombstones, enclosures, buildings, erections, walks, and shrubberies therein and belonging thereto; and shall lay out and expend, subject to the directions of the Governor, the moneys in their hands, from time to time to be received by them under this Ordinance, in and about the matters aforesaid, and in the burial of poor persons. 5. The Trustees of any such Cemetery shall have power and Trustees may mate authority to make such Rules and Regulations, and to do and ^"JTs'to^govem^"^'" perform, and to cause to be done and performed, all such acts, Cemeteries, matters, and things as may be necessary and proper for any of the purposes aforesaid, and for directing the positions of all graves and 455 pfTo. 141.] Cmeiery. [83 Vict.] A.D. 1870. vaulta to be made ia the said CemeteTy, tlie depths Of the graves, — and construction of <5offin3 to be admitted into vaults, and the covering of vaults,, so as to prevent the escape of any noxious exhalation or evaporation in th« said Cemetery, and for protecting the buildings, monuments, shrubberies, plantations, and enclosures therein and thereof from destruction or damagej and shall have power to proseciute all persons who shall or may at any time do or cause to be done any damage to any such buildings, monuments, tombstones, plantations, or enclosures. Provided, that the said Trustees shall not, by any Rule or Regulation, or any act, matter, or thing, at anytime interfere directly or indirectly with the per- formance of any religious ceremony in the burial of the dead according to the usage of the communion to which the deceased may have belonged, or with the original distribution of the said lands or hereditaments made or intended by any Deed of Grant or other Conveyance to and amongst separate and distinct religious denominations and cotnmunions. Provided, that no such Rule or Regulation shall be in force until the same has been submitted to the Governor, and published in the Government Gazette. Ministers of all de- 6. It shall be lawful for the Minister of any Denomination for freTarcesrtoOeme! wMch any portion of such Cemeteries shall be specially set apart, teries. to have free access and admission to such portion of the said Ceme- teries, at all times, as they shall respectively think fit, and fredy to exercise their spiritual functions therein, without any hindrance or disturbance of the Trustees of the said Cemetery, or any person whatsoever. Trustees may estab- 7. It shall be lawful for the Trustees of any Cemetery to permit for^Krare? moM-' ^"^ vault or grave to be dug and made in such Cemetery, and ments, &c., any monument or tombstone to be erected or placed in any parts of any such Cemfetery as they may think proper, upon payment to them, by the person desiring to dig and make such vault or grave and to erect and place such monument or tombstone, of such fees as shall from time to time be established by the said Trustees ; and any person so digging and making such vaults or erections, or erecting and placing such monument in such Cemetery, by and with such permission as aforesaid, and upon payment of the fees aforesaid, shall be entitled to have maintained and kept up such vault, monument, or tombstone, according to the terms of such permission, to and for the sole and separate use of such person and his representatives for ever. Provided, that a scale of all. such fees Same to be publish- ^-^^-^^ -^^^^ ^^^^ previously made by the Trustees, with the consent of the Governor, and published in the Government Gazette. Pro- Plans of monuments vided, also, that a plan of every monument proposed to be erected to be submitted to and placed shall be exhibited to the said Trustees, before such per- Trustees. .?„.,.. ^ mission as aforesaid is given, and that the said Trustees shall be at liberty to withhold such permission and prevent the erection of any 456 [33 Vict.] Cemetery. ^o. 141.] monument which shall appear to them inapprdpS'Iiat'e or unbecom- a.D. 1870. ing, and shall determine and fix the position of any montimient — " which may be proposed to be erected, according to 1;he description, size, and character thereof, having reference to ther general plan for ornamenting the said Cemetery in an appropriate manner. Provi- ded, further, that nothing herein contained shall be deemed to prevent the said Trustees from allowing the burial of any poor person in such Cemetery, free from any charge whatsoever. 8. The said Trustees shall allow any religious body, at their own Provides for erect- expense, to erect for their use a mortuary chapel or building for ^"^ mortuary chap- the celebration of any burial service, and the position of such building shall be left to the decision of the Trustees. 9. All meetings of Trustees of any such Cemetery .shall be con- Euies for meetings v^ned according to rules to be adopted by them for such purposes, of Trustees, aud all c^ue^tions, matters, and things which shall be discussed or considered at any such meeting shall be decided and determined by the majority in number of the Trustees then present. Provided, that the said Trustees, being three or more in number, shall not be competent to proceed to business unless there be at least two of them present; and all such Trustees shall have power to make such Rules and. Regulations as may be necessary for their own guidance and management. 10. A full and partienlatr account shall be kept by the Trustees Trustees to keep &f every such Cemetery, of all sums of money received and expended proper accounts, by them, and an abstract of such account made up from the day of their first appointment to the 81st day of December in the first year, and from the 1st day of January to the 31st day of December, both inclusive, in such subsequent year; aiid such account and abstract shall be transmitted to the Colonial Secretary on or before To be sent to Coio- the 1st day of March in every year, and shall be verified respectively "'^ «cretary. by a declaration by three, at least, of such Trustees; and every such abstract shall be- published in the Government Gazette; and if any such Trustee shall wilfully make a false statement in any such declaration, in any material matter in such account, he shall Penalty for non- he deemed guilty of a misdemeanor, and punishable accordingly; <'o™piiS'i">e. and if any such Trustee shall omit to make and transmit such accounts and abstracts, he shall, on conviction before any two Justices, forfeit and pay for every such offence a sum not exceeding one hundred dollars. The said Trustees shall send along with such account a statement of the condition of such Cemetery as to repairs, order, and ornament, and a suggestion as to the alterations neces- sary or expedient in the ensuing year in such repairs, order, and ornaments, and an estimate of the expense which may probably be incurred in effecting the same; and the Governor, upon examina- tion of the said accounts, statements, suggestions, and estimates, shall direct the manner in which the balance of moneys in the 457 [No. 141.] Cemetery. [33 Vict.] ' A.D. 1870. hands of such Trustees shall be appropriated, and shall, if any sum — so lent or advanced as aforesaid is unpaid, determine the proportion (if any) to be applied in payment of such sum, and the amount to be expended in the laying out or improvement of such Cemetery in the ensuing year; and every such direction shall be published in the Government Gazette, and thereupon the Trustees shall pay such proportion as aforesaid to Her Majesty, Her heirs and suc- cessors, for the public uses of the said Colony, and in support of the Government thereof; and if no such sum shall have been lent, or if lent shall have been paid off, the balance (if any) in the hands of the Trustees shall be expended in the improvement of such Cemetery, and the interment of poor persons. Penalty for injuring ]1. If any person shall wantonly or wilfully destroy, or do, or emetenes. cause to be donfi, any damage to any monument, vault, tombstone, building, erection, railing, fence, shrubbery, tree, or plant, in any of the said Cemeteries, he shall be guilty of a misdemeanor, and being convicted thereof before any two or more Justices of the Peace (who are hereby authorized to hear and determine in a sum- mary way, any complaint thereof made by the said Trustees, or by any officer or servant employed by them in the said Cemetery,' or by any person to whom the burial place may beloing) shall be liable for every such offence to a penalty not exceeding one hundred dollars, or, at the discretion of such Justices, to imprisonment for any period not exceeding three months; and any person who shall do, or cause to be done, any injury to any such monument, vault, tombstone, building, erection, railing, shrubbery, tree, or plant, whether the same shall have been done wilfully, or wantonly^ or otherwise howsoever, shall be liable to pay a reasonable sum of money by way of damages and compensation therefor, which said sum of money shall be recoverable in any Courts of competent jurisdiction in the said Colony, by the Trustees of any such Ceme- tery, or any person injured by such damage. Disposal of penal- 12. The money arising from all penalties and forfeitures imposed **^^' by this Ordinance, when recovered, shall be paid one moiety there- of to the Trustees of the Cemetery, in respect whereof any such penalty or forfeiture may have been imposed for the purposes of such Cemetery, and the other moiety to the use of Her Majesty, Her heirs and successors. Summary jurisdic- 13. All proceedings Under this Ordinance shall be had and taken ^"'°' in a summary way, and no such proceeding, in pursuance of this Ordinance, shall be quashed for want of form, or be removed by certiorari or other process into the Supreme or other Court. Cemeterieatobefree 14. !N"o land acquired for Cemetery purposes under this Ordi- of all taxes. nan ce shall be liable to any rates, taxes, or charges. Municipal, Parliamentary, or otherwise. Interpretation. 15. In the Construction of this Ordinance the word " Governor" 458 [33 Vict.] Bills of Sale. [No. 142.] shall be held to mean the Governor of this Colony for the time being, A.D. 1870. or other the Officer administering the Government of this Colony for the time being ; and whenever in this Ordinance in describing or referring to any person or party, matter or thing, any word importing the masculine gender or singular number is used, the same shall be understood to include and shall be applicable to several persons and parties as well as one person or party, and females as well as males, and bodies corporate as well as individuals, and several matters and things as well as one matter or thing, unless it otherwise be pro- vided or there be something in the subject or context repugnant to such construction. 16. This Ordinance may be cited for all purposes as the " Ceme- Short Title, tery Ordinance, 1870." No. 142. An Ordinance to assimilate and amend the Law relating to A.D. 1870. Bills of Sale. — [llth May, 1870.] WHEREAS it is expedient that the Law relating to the Eegis- Preamble, tration of Bills of Sale of Personal Chattels be made uniform throughout the Colony: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — , 1. "The Bills of Sale Act, 1861," and " The Bills of Sale Amend- Eepeaia former Acts, ment Act, 1866," of the former Colony of Vancouver Island, and also an Act of the Imperial Parliament passed in the 17th and 18th years of the reign of Her Majesty, chapter 36, and intituled an "Act for preventing frauds upon creditors by secret Bills of Sale of Personal Chattels," shall be and are hereby repealed, save and except that every act, matter, and thing, lawfully done thereunder, and every right and privilege thereby acquired, shall be and are hereby valid, and effectual, and reserved, and preserved, to all intents and purposes as if this Ordinance had not been passed. 2. Every Bill of Sale of personal chattels made after the passing ah Bills of Sale of this Ordinance, either absolutely or conditionally, or subject or Jfgnees, uSlsfre^^ not subject to any trusts, and whereby the grantee or holder shall giatered within, 21 have power, either with or without notice, and either immediately °'^^' after the making of such Bill of Sale, or at any future time, to seize or take possession of any property and effects comprised in or made subject to such Bill of Sale, and every schedule and inventory which shall be thereto annexed or therein referred to, or a true copy 459 P^To. 143.] ■IBilb of Sale. [33 Vict.] A.D. 1870. I If filed in Office of Stipendiary Magis- trate, a duplicate to be sent to Regis- trar General. thereof, and o? evefy attestation of the execution thereof, shall, together with an afidavit of the time of such Bill of Sale being made or given, and a description of the residence and occupation •of the person making and giving the same, or in case the same shall be made or given by any person under or in the execution of any process, then a description ot the residence and occupation of the |)erson against whom such process shall have issued, and of every Attesting witness to such Bill of Sale, be registered as follows : — If executed in Vancouver Island and affecting property therein, by filing the same in the Office of the Registrar General of Titles in Victoria; if executed on the Mainland of British Columbia and affecting property therein, by filing the same in the Office of the Stipendiary Magistrate of the District in which the property in- tended to be affected is situate, or in the office of some other person appointed in that behalf; and the said Bill of Sale, or copy thereof with affidavit as aforesaid, shall in all cases hereinbefore mentioned be so filed within twenty-one days after the making or giving of such Bill of Sale, otherwise such Bill of Sale shall as against all Assignees ot the estate and effects of the person whose goods or any of them are comprised in such Bill of Sale, under the Laws relating to Bankruptcy or Insolvency, or under any assignment for the benefit of the creditors of such person, and as against all Sheriffs Officers and other persons seizing any property or effects comprised in such Bill of Sale in the execution of any process of any Court of Law or Equity authorizing the seizure of the goods of the person by whotii or of whose goods such Bill of Sale shall have been made, and against every person On whose behalf such process shall have been issued, befnuU and void to all intents and purposes whatsoever, so far as regards the property in or right to the possession of any personal chattels comprised in such Bill of Sale, which at or after the time of such Bankruptcy or ot filing the Insolvent's petition in such Insolvency, or of the execution by the debtor of such assignment for the benefit of his creditors, or of executing such process (as the case may be), and after the expiration of the said period of twenty-one days, shall be in the possession or apparent possession of the person making such Bill of Sale, or of any person against whom the process shall have issued under or in the execution of which such Bill of Sale shall have been made or given, as the case may be. The affidavit aforesaid may be in the Form in the Schedule hereto annexed marked A. 3. "Where such Bill of Sale, or copy thereof with affidavit as aforesaid, is filed in the Office of the Stipendiary Magistrate, or other person as aforesaid, a duplicate thereof (duly certified as in form B. in the Schedule to this Ordinance) shall be forwarded by the first opportunity, free of charge, by the Magistrate, or other person as aforesaid, to the Registrar General, lo be deposit^ed in his Office. , 460 [33 Vicl.] BmsofSaU. {TSo. 142.] 4 If such. Bill of Sale shall be made or given, subject to any a.I>. 1870. defeasance, or condition, or declaration of trust not contained in the „ „ ■ — DoififtsiEiiiCG or COS' body thereof, such defeasance, condition, or declaration of trust, dition of every Biu shall, for the purpose of this Ordinance, be taken as part of such s^'Saie to be written ' r r 7 r Qn tjje game paper. Bill of Sale, and shall be written on the same paper or parchment on which such Bill of Sale shall be Written, before the time when the same, or a copy thereof respectiv^ely, shall be filed, otherwise euch Bill of Sale shall be null and void to all intents and purposes against the same persons and as regards the same property and effects as if such Bill of Sale, or a copy thereof, had not been filed acoording to the provisions of this Ordinance. 5. The filing of a Bill of Sale, or a copy thereof with the aflidavit, Interpretation of is hereinafter referred to as the registration of a Bill of Sale. ^ ™„" ^^e***'*" 6. The registration of a Bill of Sale shall, during the subsistence Bills of Sale to be of such security, be renewed in manner hereinafter mentioned once ^e-regietered every . •" _ nve years. in every period of five years, commencing from the day of regis- tration, and if not so renewed such registration shall cease to be of any effect at the expiration of any period of five years, during which a renewal has not been made as hereby required, subject to this provision, that where a period of five years from the original regis- tration of any Bill of Sale, prior to the passing of this Ordinance, has expired before the first day of January one thousand eight hundred and Seventy-one, such Bill of Sale shall be as valid to all intents and purposes as it would have been if this Ordinance had not been passed, if euch registration be renewed in manner afore- said before the first day of January, one thousand eight hundred and seventy-one. 7. The registration of a Bill of Sale shall be renewed by some Affidavit of renewal, person filing in the office of the said Registrar General of Titles, or Stipendiary Magistrate, or other person as aforesaid, an affidavit, stating the date of such Bill of Sale, and the names, resi- dences, and occupations, of the respective parties thereto, as stated therein, and also the date of the registration of such Bill of Sale, and that such Bill of Sale is still a subsisting security, and the - Registrar General of Titles, or Stipendiary Magistrate, or other person as aforesaid, shall thereupon number such affidavit, and re- number the original Bill of Sale or copy filed in the said office with a similar number. 8. Every affidavit renewing the registration of a Bill of Sale Duplicate to be sent may be in the Form C. given in the Schedule to this Ordinance, t^jK^egistrar Gene- and where such affidavit is filed in the office of the Stipendiary Magistrate or other person as aforesaid, a duplicate thereof, certi- fied as such by the Magistrate or other person as aforesaid, shall be transmitted by the first opportunity by the said Magistrate or other person as aforesaid, to the office of the Registrar General, to be there deposited. 461 [Ko. 142.1 BilUofSaU. [33 Vict.] A.D. 1870. ®' 1'^® Registrar General, and Stipendiary Magistrate, and „ , — — , other person as aforesaid, shall cause every Bill of Sale, and Books to be kept iiii -,. ~.jj , containing particu- every suck scnedule and inventory as aforesaid, and every such lars of Bills of Sale, copy, and every affidavit of renewal filed in his «)ffice to be num- bered ; and shall keep a book or books, in which he shall cause to be entered a numerical list of every . such Bill of Sale, and copy, and affidavit of renewal, containing therein the name, addition, and description of the person niaking or giving the same ; or, in case the same shall be made or given by any person under or in the execution of process as aforesaid, then the name, addition, and description of the person against whom such process shall have issued, and also of the person to whom or in Whose favour the same shall have been given, together with the number affixed to the said Bill of Sale, or copy, or affidavit of renewal as aforesaid ; and the date of the said Bill of Sale, or copy, and of the registration thereof, and the date of the filiiig the said affidavit of renewal and all such particulars shall be entered according to the Form D. given in the Schedule to this Ordinance ; and the said book, and every Bill of Sale, or copy, and affidavit filed as aforesaid, may be searched and viewed by all persons, at all reasonable "times, upon payment for every search of the fee of fifty cents. Fees to be taken. 10. The said Registrar General, and every Stipendiary Magistrate, and other person as aforesaid, shall be entitled to receive for filing every Bill of Sale, or a copy thereof, or affidavit of renewal as aforesaid (including the taking of any affidavit) the sum of two dollars, and no more ; and any person shall be entitled to have an office copy or an extract of every Bill of Sale, or of the copy thereof, or of an affidavit of renewal as afores9.id, upon paying for the, same at the rate of twenty -five cents per folio of one hundred words. Before whom afBda- 11. All affidavits required by this Ordinance ^to be taken and Tits may be made, ^a^e, may be taken by and made before the Registrar General, or Stipendiary Magistrate, or other person as aforesaid, or by and before any Judge, Registrar, Deputy Registrar, or Clerk of a Court having a seal, or by and before any Notary Public practising within the Colony. How satisfaction 12. The Registrar General, and every Stipendiary Magistrate may e en ere . ^^^ other person SO appointed as aforesaid, is hereby empowered to enter satisfaction upon any Bill of Sale, or copy thereof, upon being satisfied that the debt (if any) for which such Bill of Sale is given as security has been discharged; but in all cases where the consent of the grantee, assignee, or mortgagee, has not been ob- tained, satisfaction shall not be entered without an order from a Judge of the Supreme or County Court obtained for that purpose. Fees to be paid into 13. All moneys. Other than charges made for taking and fur- Treasury. nishing copies of Bills of Sale, affidavits, and other documents (which shall be retained by the person taking and furnishing the 462 f33 Vict.] BUh of Sale. [No. 142.] same for his own use) received by the Registrar General, and j^^.d. 1370. Stipendiary Magistrate, and other person appointed as aforesaidj under this Ordinance, shall be paid into the Treasury for the use of Her Majesty, Her heirs and successors. 14. The Registrar Q-enerial, and Stipendiary Magistrate, and Index book to be other person appointed as aforesaid, shall keep an index book show- *^ ' ing in alphabetical order the names of all persons making or giving Bills of Sale, and of all persons against whom process shall have issued as aforesaid, together with a cross reference to the volume and folio ot the book directed to be kept as in the ninth Section of this Ordinance provided ; and the Registrar General shall also keep an index book, in manner aforesaid, of all duplicates of Bills of Sale, or copies thereof, and affidavits as aforesaid, transmitted to him as hereinbefore provided. 15. In construing this Ordinance, the following words and interpretation expressions shall have the meaning hereby assigned to them, unless ciaase. there be something in the subject or context repugnant to such construdtion ; that is to say, — the expression " Bill of Sale " shall include bills of sale, assignments, transfers, declarations of trust without transfers, and other assurances of personal chattels, and also powers of attorney, authorities, or licences to take possession of personal chattels as security for any debt, but shall not include the following documents, that is to say, — assignments for the benefit of the creditors of the person making or giving the same, mawiage settlements, transfers or assignments of any ship or vrasel, or any share thereof, transfers of goods in the ordinary course of business of any trade or calling, bills of sale of goods in foreign parts or at sea, bills of lading, warehouse keepers' cer- tificates, warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented. The expression "personal chattels " shall mean goods, turniture, fixtures, and other articles capable of complete transfer by delivery, and shall not include chattel interest in real estate, nor shares or interests in the stock funds or securities of any Govern- ment, or in the capital or property of any Incorporated or Joint Stock Company, nor choses in action, nor any stock or produce upon any farm or lands which by virtue of any covenant or agreement ought not to be removed from any farm where the same shall be at the time of the making or giving of such Bill of Sale. Personal chattels shall be deemed to be in the apparent possession of the person making or giving the Bill of Sale, so long as they shall remain or be in or upon any house, mill, warehouse, building, works, yard, land, or other premises occupied by him, or as they shall be used and enjoyed by him in any place whatsoever, 463 [N@. 14.2.;] mUsofSak. [33 Vrcr.] A.D. 1870. tbotwithstaiiding tiiat formal possession tbiereof may have been '^- tftkeo by or given to any other person. The term "Vancouver I&landj" shall he held to include that part of the Oolooy formerly being the Colony of Vancouver Island; and the term "Mainland of British Columbia" shall be held to include the remaining po^on of the Colony. Short Title. 16. This Ordinance may be cited as the " Bills of Sale Ordi- nance," 1870." THE SCHEDULE. Form A. Ij of make oath, and say as foUowB i-^^ 1. That the paper writing hereunto aumexeij, and marked A., is a true oopy of a Bill of Sale, a»d of every [or, loheve, the original is filed, ''^i^the BiUaf Sale, and every "^ Schedule or Inventory theietoj anne?ed^ or therein referred to, and of every attestation of the execution thereQf^as made, and given, and executed by 2. That the Bill of Sale was made and given by the said , on the day of , in the year of Our Lord Que thouaand eight hundred and 3. That I was present and did see the said in the said Bill of Sale mentioned^ and whose name is sigped thereto, sign and execute tbe same on thej said day of , in the year aforesaid. 4. Thaii the said at the time of the making and giving the said Bill of Sale, resided and still residesi at , and. tbeiv was and still is 5^ That the naoie set and subscribed as the witness attesting the due execution thereof,, is of the proper handwriting of me this deponent,, and that I reside at , and am Subscribed to, and sworn before me, this day of A. Ti. 18 . Form B. I hereby certify that the Document hereunto annexed is a Duplicate of the Bill of Sale [or " of the copy of the BUI of Sale," as the case may 6e] and of the Affidavit, as filed in this office on the day of 18 A. B., Stipendiarif Magistrate at To the Registrar General. 464 [33 Vict.] Land Registry, Form C. pro. 143.] I, A. B., of , do swear that a Bill of Sale, bearing date the day of 18 , and made between , and which said Bill •of Sale lor " cmd a copy of which scad Bill of Sale," as the case may he'] was filed in the office of the Registrar General of Titles, or in the office of the Stipendiary Magistrate, or on the day of 18 , and is still a subsisting secarity. Subscribed to, and sworn before me, this day of 18 , A,B. Form D. Uo. By whom giTeo, or against whom process issued. To whom given. Nature of Instru- ment. Date of Instru- ment. Date of Eegis- tfation. Date of filing AfBdavit of Renewal Date of satisfac- tion H»me. Besi- denoe. Occu- pation. entered. A.D. 1870. No. 143. An Ordinance to assimilate the Law relating to the Transfer A.D. 1870. of Real Estate, and to provide for the Registration of Titles ~'~ to Land throughout the Colony of British Columbia. [1st June, 1870.] WHEREAS it is expedient to establish a Registry of Titles to preamble. Real Estate throughout the Colony of British Columbia, and to assimilate the Law relating to the Transfer thereof, and for that purpose to repeal certain Acts and Ordinances hereinafter men- tioned: Be it therefore enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council "thereof, as follows : — Land Registry Office. 1. One calendar month after the passage of this Ordinance, there EstahUshment of shall be established in Victoria, by notice in the Government ^-°* Regis^ 465 Office. [No. 143.] Land Registry. [33 7icT.] Appointment of RC' gistrar General. A.D. 1870. Gazette, an Office for the Record of Instruments and the Registra- — tion of Titles affecting Real Estate, which shall be styled the "Land Registry Office." 2. The Governor shall from time to time appoint a fit and proper person to perform the duties of the said office, and such person shall be a Barrister or Solicitor, admitted to practise as such in the Supreme Courts of the Colony, and shall be styled the "Registrar General of Titles;" and it shall be lawful for the Governor to assign to him a salary of not exceeding two thousand four hundred and twenty-five dollars per annum. 3. It shall be lawful for the Governor to establish, in such other parts of the Colony as he shall determine, District Offices for the Recording of Instruments and Registration of Titles affecting Real Estate situate within such Districts, and to appoint fit and proper persons, to be styled "Deputy Registrars," to perform the duties of such office; and in every such appointment the limits of the District shall be defined. Every act done by any Deputy Registrar shall have the like force and effect as if done by the Registrar General; and every such Deputy Registrar shall have and possess the hke qualifications as are required of the Registrar General. 4. The Registrar shall keep the Land Registry Office open for the transaction of business on every day, except such days as may be appointed by the Governor as a general or public holiday, or Christmas day or Good Friday, from the hour of ten in the fore- noon until the hour of four in the afternoon, and on Saturdays from the hour of ten in the forenoon until the hour of one in the afterm)on; and it shall not be lawful for him, whilst he holds oflice, to practise within the Colony as a Barrister, Solicitor, or Con- veyancer. District Offices. Deputy Registrars. Office hours. Registrar not to practise. Registrars to give security. Registrar may ap- point a Deputy. 5. Every Registrar to be appointed as aforesaid, shall give secu- rity for the due performance of his duties, in such manner, and to such amount, and shall take such oath on entering on his office, as the Governor shall deem fit. 6. The Registrar may, subject to the approval of the .Governor, nominate a Deputy in his office, of the like qualification with the Registrar, and may remove him and appoint another in his place whenever he thinks it necessary; and in case of the death, resignar tion, removal, or forfeiture of office of the Registrar, the Deputy Registrar shall do and perform all and every act, matter, and thing necessary for the due execution of the said office, and such appoint- ment shall be notified, from time to time, in the Government Gazette; and it shall not be lawful for any Deputy Registrar, whilst he holds the office, to practise within the Colony as a Bar- rister, Solicitor, or Conveyancer. Every Deputy Registrar, before he enters on the execution of his office, shall take the same oath appointed to be taken by the Registrar. 466 [33 Vict.] Land JRegistry. [No. 143.] Jtepeal of Acts. A.D. 1870. 7. Immediately after the establialiment of the said Land Registry Repeals previoua Office, the "Land Registry Act, 1860," and the "Land Registry ■^''*^- Amendment Act, 1866," of the former Colony of Vancouver Island; and, also, the " British Columbia Land Registry Act, 1861," and the "British Columbia Land Registry Extension Ordinance, 1864," shall be and are hereby repealed; save and except that all acts, matters, and things lawfully done |;hereunder shall not thereby be affected, and all rights and interests created by the said Acts and Ordinances, or any of them, shall be and are hereby expressly preserved and reserved in like manner as if this Ordinance had not been passed, and notwithstanding anything herein contained to the contrary; and, in particular, the rights and emoluments of office enjoyed by or belonging to the Registrar General of British Colum- bia, under the said "British .Columbia Land Registry Act, 1861," and the " Crown Officers' Salaries Act, 1863," are hereby preserved and reserved. Upon the establishment of the said Office, all Eeoords to be trans- records and documents then being in the Land Registry Office, at ^^ll^ *° ^^"^ New "Westminster, shall be transmitted to the Land Registry Office, at Victoria, and form part of the records of the said Office. Acknowledgments of Execution of Deeds. 8. Before any deed or instrument executed subsequently to the Ail Deeds to be ac- 8th day of October, 1865, other than a Decree, Judgment, or Order ^'"'^le'^g^'i- of a Court of Civil Jurisdiction, is recorded or registered, and to entitle the same to be so recorded or registered, the execution thereof shall first have been acknowledged or proved in the manner hereinafter provided, and such fact of acknowledgment or proof shall appear by a certificate under the hand and seal of the proper officer or other person authorized to take such acknowledgement, endorsed upon or attached to such deed or instrument. 9. The acknowledgment or proofof execution of all instruments Before whom ac- hereby authorized to be recorded or registered, beridef""'"" *° If acknowledged or proved within the Colony, may be made — To the Registrar or Deputy Registrar; Or, to any Stipendiary Magistrate of th« Colony, or of any town or district thereof; Or, to any Judge or Registrar of a Court having a seal; Or, to any Notary Public practising within the Colony. And, if acknowledged or proved without the Colony, and within the British Dominions, may be made — To any Judge of a Court, or Clerk or Registrar of any Court, having a seal ; Or, to any Notary Public; Or, to any Magistrate of any town or district within the said Dominions, having a seal of office; 467 [No. 143.1 Ticmd Megistry. [33 VioT.J A.D. 1870. Tteisons making ac- knowledgments to appeal in. person. By wbom acknow- ledgments may be made.. Rtecitals in acknow- ledgments i Or, to any person eomtnissioned in ttat behalf by the Governor (who is hereby authorized to appoint such and so many per- sons as he may think ftt). And, if acknowledged or proved without the British Dominions^ may be made — To any British Ambassador, Charge d'Affaires, or Minister, Con- sul or Consular Agent appointed to reside in the country where such acknowledgment or proof is made; Or, to any Judge of any Court of Record having a seal; Or,j to any Notary Public practising in such country, duly certi- fied to be a Notary Public by some British Ambassador,, Charge d'Affaires, Minister, Consul, or Consular Agent. And every such acknowledgment of instruments executed without this Colony shall bd sufficient to entitle the same to be recorded or registered, notwithstanding anything in this Ordinance contained to the contrary, and particularly the provisoes in Section. 11 herein- after following. 10. No acknowledgment of the execution of any instrument affecting any real estate within this Colony shall be taken, unless^ the party offering to make such acknowledgment shall appear before the Officer taking the- same, and unless such party slialt either be personally known to the Officer, or his identiity be proven by the oath or affirmation of a competent witness, and such certifi- cate of acknowledgment shall recite in substance and legal efiect the facts required by this section. 11. Acknowledgments and proofs of the execution of instruments entitled to be registered or recorded may, for the purposes of this Ordinance, be made by, — (1.) The party executing in person such instrument :• (2.) The attoimey in feet, when, such instrument ia executei by an attorney in fact : (8.) The Secretary of any Corporation,, when such, instrument is- executed by such Secretary : (4.) A subscribing witness to such instrument. Provided,, always, that no acknowledgment of any party execu--' ting in person, such conveyance,, deed, or other instrument shall be- taken, unless in addition to what is required by Section 10 of this Ordinance, such party acknowledge that he is the person mentioned in such instrument as tiie maker thereof and whose name is sub' scribed thereto as a party, that he knows the contents thereof, and that he executed the same voluntarily ;. and such certificate of ack- nowledgment shall, in addition to what is required by Section lO* to be recited, recite in substance and legal effect the facts required by this proviso. And provided, also, that no acknowledgment by an attorney in fact shall be taken, unless, in. addition to v\-hat is- 43385 [33 Vict.] Land Aegistf}/.' fSfo. 143.]' required by Section 10 of this Ordinance, ^ch at't'orn'ey in fact shall A,I). 187'0:' acknowledge that he is the person who subscribed the name of "'■^^ (naming the maker) to the instrument, that said (naming the nkaker) is the person mentioned in the instrument as the maker thereof, that (naming the attorney in fact) knows the conftents of the instru- ment, and subscribed the name of (naming the maker) thereto' voluntarily, as the free act and deed of the said (naming'fihe maker); and such certificate of ackowledgment shall, in addition to what is required by Section 10 to be recited, recite in substance and legal effect the facts required by this proviso. And provided ,^ also, that no acknowledgment by the Secretary of any Corporation shall be' taken unless, in addition to what is required by Section 10 of this Ordinance, such Secretary acknowledge that he is the person who' subscribed his name and affixed the seal of such corporation as the' Secretary to such instrument, and that he was first duly authorized to subscribe and to affix the said seal to th© same ; anrd such certifi- cate of acknowledgment shall, in addition to what is required by Section 10 to be recited, recite in substance and l^al effect the facts required by this proviso. And provided, also,, that no acknow- ledgment by a married women shall be taken unlessyin addition to what js required by Section 10, such married woman shall be first made acquainted with the contents of the instrumenty and the nature' and effect thereof, and shall acknowledge on examination apart from- and out of hearing of ker husband, that she knows the contents of the instrument and understands the nature and effect thereof, that she executed the same voluntarily, without fear or compulsion or' undue- influence of her husband, that she is of full age and competent undfel-standing, and does not wish to retract the execution of the' same; and every such certificate of acknowledgment shall, in . addition to what is required by Section 10 to be recited, recite in substance and legal effect the facts required by this proviso. And provided that no acknowledgment or proof by a subsieribing witness shall be taken unless, in addition to what is required by Section 10' of, this Ordinance, such subscribingr witness sh-^ll acknowledge that he is the person whose name is subscribed to the instrument as a witness, and shall prove that (naming the maker) whose name is- subscribed thereto as the maker dSd execute the same ; and such, certificate of acknowledgment or proof shall, in addition to what is- required by Section 10 to be recited, recite in substance and legal effect the facts required in this proviso. Provided, also,, that the- acknowledgment or proof of instruments Sfequired to be made or' done as hereinbefore mentioned, may be in the forms in the Third Schedule hereto. 12. Every instrument which shall be acknowledged or proved instruments &t-' and certified as in this Ordinance -prescribed, shall, together with knowiedged may btf ii , . „ '^ - . . - . read in evidence-.- ine certificate of acknowledgment or proof, be read m evidence in all Courts of Law and Equity, without further proof of execution,, 460/ [No. 143.] Land Registry. [33 Vict,] A.l>. 1870. ^"^^ '^^ t^^ ^^^^ of ^ married woman without any other acknowledg- — ment. Where witness or 13. "When the witness to any deed or instrument affecting real grantor is dead. estate, or the grantor or other person divested of property therein, named has died, or is absent from the Colony, or under disahility, and neither such witness nor grantor is within the Colony, it shall be lawful for the Registrar, on being satisfied of the fact, and upon the testimony of any person acquainted with the signature ot such witness, grantor, or other person as . aforesaid making affidavit of his belief that the signature is the writing of the person it purports to be, stating his reasons therefor, to receive such instrument for the purpo.''e of record or registration, in like manner as if such sig- nature had been acknowledged according to the foregoing provi- sions. Transcript of Deeds. Instruments may be 14. It shall be the duty of the Registrar, when requested, and recor ed by copy. ^^^^ payment of the proper fees, to record in books to be kept for that purpose, and to be called the "Record of Conveyances," the " Record of Pre-emption Claims," the "Record of Mortgages," the "Record of Wills," and in other books with appropriate titles, all deeds and instruments in any manner affecting real estate or the title to any interest therein, by correctly transcribing or copying the same, together with every endorsement thereon or certificate attached thereto, word for word, letter for letter, figure for figure, sign for sign, erasure for erasure. Cross references. 15. References to such record shall be made in the register books of the title to which such instruments relates. Office copies may be 16. The record of any such instrument as aforesaid (except a will received in evidence, qj, codicil) Or any copy of the same, duly certified by the Re^strar may, in the absence of the original when the absence of such original is duly accounted for, and if produced by a party not having the control of the original, be read in evidence in all Courts of Law and Equity without further proof; but the production of such copy shall not preclude the Registrar from requiring the production of the original documents in those cases when such, prodaction may be deemed necessary for the purpose of registering any title there- under, as hereinafter provided. Transmission of re- 17. Upon the opening of any District Office, a transcript of the Office.*" °''*"''* records and registrations affecting real estate in such District, prior to such opening, shall be sent to the Registrar of such District by the Registrar General, and shall be kept in such District Office as part of the records of such office. Endorsement of ^^- ^hc Registrar shall endorse on every instrument so recorded, a memorandum of the date of such record, and a reference to the 4T0 record. [33 Vict.] Land Registry. pfo. 143.] volume and page of the record book in whicli the transcript has x.D. 1870. been made. Registration of Title. 19. Every person claiming to be the legal owner in fee simple of Registration of title real estate may apply to the Registrar for registration thereof, in *° "•'''°'"*« ^*«-i the form marked A. in the first Schedule hereunto annexed, and the Eegistrar shall, upon being satisfied after the examination of the title deeds produced, that a prima facie title has been established by the applicant, register the title of such applicant in a book to be called the " Register of Absolute Fees," in the form marked B. in the said first Schedule; and also, shall transcribe in another book to be called the "Absolute Fees Parcels Book," a description of the land to which the title relates, in the form marked C. in the said Schedule. 20. Every person claiming any other or less estate than the Registration of title absolute fee, or any mortgage or other incumbrance upon, or any *° "**' estates, equitable interest whatever in real estate (other than a judgment, crown debt, or leasehold interest in possession for a term not ex- ceeding three years), may apply to the Registrar for registration thereof, in the form marked D. in the said Schedule, and the Regis- trar shall, upon being satisfied after examination of the title deeds produced, that a prima facie title has been established by the appli- cant, register the title of such applicant in a book to be called the "Register of Charges," in the form marked E. in the said Schedule; and shall transcribe in another book to be called the " Charges Parcels Book," a description of the land to which the charge relates, in the form marked F. in the said first Schedule. Applications from the Interior of the Colony. 21. All Stipendiary Magistrates, other than those resident within Magistrates may re- the Town and district of Victoria, and until the appointment ot S^i^^ applications _ 1/. .11/11 for registration, and Deputy ^Registrars as nereinbeiore provided (when the powers transmit documents hereby conferred on such Magistrates shall cease and determine), *" *'^* ^^^^ °®'®- are hereby authorized and required to receive applications for regis- tration and record from owners of land or any [estate or interest therein situate within the District for which such Stipendiary Magistrate shall have been appointed- (1.) "Where a transcript only is required, the Magistrate shall endorse on each document of title a memorandum to the following effect: — "Received for record day of , 187 , at o'clock. (Signed) A. B., Stipendiary Magistrate at " (2.) "Where the title is required to be registered, the applicant shall fill up and sign the usual paper in the form A. or D, in the said first Schedule hereto provided, and thereon. shall 471 tNo. 143.] Xiand Megislrg. 133 Vict.] AJ). 1870. TSai Tesponsible for iloss by transmission the Registrar shall, upon being satisfied that the appli- cant has a prima facie title, first give notice in writing to the holder or owner of such document of his intention to register the same at the expiration of the time specified in the said notice, which shall not be less than one week, and' not more than three months, at the discretion of the Registrar. The said notice may be in the Form marked H. in the said first Schedule; and after proof, by affidavit, of service of the same on the holder or owner of the document aforesaid, or on his duly appointed attorney, the 472 f33 Vict.] Land Megisiry. [Ko. 143.J Registrar shall proceed to the registration of the title of the appli- j^jy_ isyO. cant. 26. Upon every registration of title in favour of an owner in fee Title Beeds to be simple, mortgagee, or other person by right entitled to the posses- ^on-produ"ti'on'' sion ot documents of title, the Registrar shall require the person explained, requiring to be registered as owner in fee, mortgagee, or otherwise, to produce the title deeds of the property to which such registration may be intended to refer, unless the non-production of such title deeds, or any of them, be satisfactorily explained to the Registrar, on affidavit duly made. 27. The Registrar may effect registration of the absolute fee as Joint tenants, &c. well at the instance of several persons, who together are entitled to the complement of the absolute fee, as also of any joint tenant or tenant in common. 28. The husband of any female registered owner of an absolute Husband co-owner fee shall be entitled to be registered as co-owner with his wife, but ^'*'' ^^^' be shall be described on the register as co-owner in right of his wife, and on his death the original registry of the wife, with a change, if necessary, in the name, shall revive and confer the same rights as if her husband had never been registered as co-owner with her, save as to acts done in his life time with her consent and duly acknow- ledged. 29. Where two or more persons are interested in distinct estates Eemainder-men. or interests in the same land, by way of remainder or otherwise, the first owner of an estate of inheritance shall be registered as the owner of the absolute fee, and the interests or estates of the others or other shall be registered by means of a charge or charges. Pro- vided, however, that in any certificate of title granted by the Regis- trar under this section the owner ot such estate of inheritance shall not appear to be possessed ofa larger or different estate than that to which he is by law entitled; and provided also, that all subsequent estates or charges shall duly appear on such certificate. 30. A charge may be registered as well in respect of a present Future and contin- and vested right, as of a future or contingent interest. 31. Whenever any instrument is produced for the purpose of Acknowledgment by registration of any title purporting to convey the real estate of a "ia,rried women, married woman, or of any interest therein, it shall be sufficient, so far as the execution of such instrument is concerned, and in order to entitle the same to be registered, that the married w"oman have made an acknowledgment of execution, in the manner and form provided in Section 11 of this Ordinance; and every instrument so acknowledged by any married woman, and registered, shall be as efiectual to all intents and purposes to pass all the estate, right, title, and interest of the married woman by whom the same is ex- ecuted, in the land to which the same relates, as if she had beea 4ia [No. 143.1 Land Registry. [33 Vict,] A.D. 1870, Certificate by Sur- veyor -(Jeneml. unmarried, any Law, and in particular the Act of the 3rd and 4th year of King William the Fourth, Chapter 74, commonly known as the "Fines and Recoveries Act," to the contrary notwithstanding. 32. The Surveyor General naay, jand he is hereby required (wh«n called upon) to give a certificate of payment of all or any of the iastalments due on laaida purchased or pre-empted, in the form marked I. in the said firat Schedule, and such certificate shall be suflicient authority for the Registrar to enter up satisfaction, and cancel any charge registered against any such lands. Bquitable mortgage 33. No equitable mortgage or lien created simply by a deposit of not to be registered. ^^^ deeds and memoranduTDa thereof shall be deemed to entitle the person interested to registration under this Ordinance. Where disabilty of infancy, &c. Certificate of Title. Interest of register- ed owner of abso- lute fee ; Of charge. 34. The RegiBtrar may, on the application of the guardian of any minor, the committee of any lunatic or person of unsound mind, or the next friend of any manied woman, or the duly authorized agent of any minor, lunatic, or married woman, and on prodaction of an order by some Court of competent jurisdiction for that pur- pose, enter s. charge in his or her behalf, in respect of any interest in land held or possessed by him or her while uader the disaAjility of infancy, lunacy, unsoundness of mind, or coverture, upon being satisfied of such infe,ncy, lunacy, unsoundness of mind, or coverture. Ceriifieaie of Title. 35- The Registrar shall, upon the registration of every absolute fee, issue a certificate of title to the person who shall have effliBcted registration, in the Form marked J. in the said first Schedule, and shall fill up a docket or memorandum thereoJ^ and retain the same in his oflace; and if iiny certificate of title shall be lost or destroyed, the Registrar may, upon being satisfied by affidavit of the applicaatjj or of some other person, of the truth thereof, and upon advertise- ment of his intention so to do, published for one month, at least, in some one or more of the newspapers published in the Colony, (at the discretion of the Registrar) issue a fresh certificate of title, in lieu of that so lost or destroyed. Such certificate shall bear on the face of it, that it is a duplicate, and reference shall be made therein to the affidavit upon which it has been granted. Every certificate of title shall be received as prima facie evidence in all Courts of Justice in the Colony, of the particulars therein set forth. 36. The registered owner of an absolute fee shall be deemed to be the prima facie owner of the land described or referred to in the register, for such an estate of freehold as he legally possesses there- in, subject only to such registered charges as appear existing there- on, and to the rights of the Crown. 37. The registered owner of a charge shall be deemed to be prima facie entitled to the estate or interest in respect of which he 474 [33 TiCT.] Lmd Beffistrt/. [Ifo. 149.] 18 registered, aubject only to sucli registered cliafges as appear a.1>. 1870. existing- thereon, and to the rights of the Crown. 38. The time at which application for registratton shall be deemed Time of applicatipn. to have been made, shaE be the time when the form of application referred to in Clauses 19 and 20 of this Ordinance is filled up and signed by the applicant. Priority. — Notice. 39. "When two or more charges appear entered on the register, Priority of regiatra- afieeting the same land, the charges shall, as between themselves, of'titie!**'^ priority have priority according to the dates at which the applications respectively were made, and not according to the dates of the creation of the estates or interests. 40. Fo purchaser for valuable consideration of any registered no purchaser for real estate, or registered interest in real estate, shall be affected by ^*'"® affected by . "^ any notice not on any notice express, implied, or constructive of any unregistered title, the Begister. interest, or disposition affecting such real estate, other than a lease- hold interest in possession for a term not exceeding three years, any rule of law or equity notwithstanding. 41. The registration of a charge shall give notice to every person Notice conveyed by dealing with the real estate against which such charge has been charge, registered, of the estate or interest in respect of which such charge has been registered, but not of the contents of such instrument. 42. In every case in which any instrument shall have been Powers of attorney executed by attorney, the power of attorney, or duly certified copy *° ^^ ^i**^- thereof, shall be filed in the oflSce of the Eegistrar, and the applica- tion for registration shall not be deemed to have been made until such power of attorney, or duly certified copy thereof, shall have been delivered to the Kegistrar for that purpose. 43. All powers of attorney, or duly certified copies thereof, filed index of powers of in the office of the Registrar, shall be numbered by him in rotation, attorney to be filed, and he shall endorse thereon the day and time when filed, and an appropriate index, to be called the " Index of Powers of Attorney," shall be kept by the Registrar, in which reference shall be made by him to each power of attorney, or duly certified copy thereof, filed in his office, and the distinguishing number thereof. Trust Estates. 44. "Whenever any land, or any estate or interest therein, is protection of trust vested in any Trustee or Trustees, no entry ot the trusts created or estates. declared in respect of the same shall be made in the register, but the title of the Trustee or Trustees shall be registered in like man- ner as if he or they were beneficially entitled. It shall be lawful, however, for any person entitled to any estate or interest in the land so vested in Trustees, to apply to the Eegistrar, and the Regis- trar is hereby authorized and recfaired to enter against the registra- 475 pro. 143.] Land Registry. [33 Tici.] A.D. 1870. tion of the title of such Trustees the words " no survivorship;" and — - whenever such words shall be so entered, it shall not be lawful for any less number of Trustees than the number named in the instru- ment, to sell, transfer, or otherwise dispose of the land, estate, or interest, without obtaining the sanction of the Court, by order or petition of course, under the provisions hereinafter contained; ani the Court is hereby authorized to make such order in the premises as to the appointment of new Trustees, or otherwise, and for the registration of the title to such land, as shall be just and proper. Transfers. Transfer of register- 45. When any Conveyance or transfer is made^of any registered real estate, or interest therein, the transferree or grantee shall be entitled to be registered as the owner of the same estate or interest then held by or vested in the transferror or grantor; and in the case of an absolute fee, a new certificate of title shall be issued to such transferree or grantee, on the production and cancellation ot the former certificate. "Where a portion only of the real estate iucluded in any certificate of title has been transferred, a memorandum of such transfer shall be endorsed thereon. Short form of trans- 46. Every transfer or conveyance, in the Form marked K. in the ^'' Schedule hereto, shall confer upon the person to whom, it is made, his heirs and assigns (or to his executors, administrators, and assigns, as the case may be) all the estate and interest of the trans- ferror or grantor, whether legal or equitable at the date thereof, subject, however, to any charge that may appear on the register against the same; and, also, to any unregistered leasehold interest in possession, for a term not exceeding three years, and the same transfer or conveyance shall pass to the transferree or grantee, his heirs and assigns (or executors, administrators, and assigns, as the case may be) the full and entire benefit of all covenants and agree- ments in respect of, and all powers, provisoes, and conditions of entry, sale, leasing (if any) over the real estate, the subject matter of the transfer to which the transferror was entitled, and which may be thereby intended to be transferred at the time of such transfer; and if the estate or interest so transferred be that of a mortgagee, ' such transfer shall also confer on the transferree, his executors, administrators, and registered assigns the full benefit of and right to sue upon any covenant for payment of the mortgage moneys and interest thereon. Indefeasible Tille. Application forcer- 47. The Owner in fee of any land, the title to which shall have tincate of indefeasi- , • i. i r- i bie title. been registered for the space of seven years, may apply to the Registrar for a certificate of indefeasible title, but he shall first- Make an affidavit, that to the best of his knowledge, information, and belief, all deeds and documents, maps, plans, and papers (with 476 [33 Vict.] Land Registry. [K'o. 143.] a list thereof annexed) relating to the title to the land in question a.D. 1870. have been produced to the Registrar, or the cause of the non-pro- duction of any fully and fairly explained, and that all facts material to the title have been fully and fairly disclosed ; and where no plan is registered, a plan shall be produced and filed with the Eegistrar. The applicant shall also make an affidavit of, and state fully, all incumbrances, estates, rights, and interests (if any) which in any manner affect his title, and subject to which he seeks to have a certificate of indefeasible title granted. The Registrar shall, upon being satisfied of the truth of the state- ments made in the said affidavits, cause an advertisement to be inserted in the Government Gazette, and in one or more of the newspapers published in the Colony, and elsewhere if necessary, for a space of not less than three months, stating his intention of issuing the certificate of indefeasible title applied for, on a day to be named in such advertisement, unless a valid objection thereto be made in the meantime to him in writing, by any person having an estate or interest in the land sought to be included in such certificate, or any part thereof. 48. If no valid objection be made, the Registrar shall issue a Porm of certificate • certificate of indefeasible title to the applicant, in the Form mai'ked L. in the said First Schedule, a duplicate of which shall be retained by the Registrar. 49. The certificate of indefeasible title shall be conclusive and effect thereof, evidence in all Courts of Justice that the person therein named is the absolute owner of an indefeasible fee simple in the real estate therein mentioned against the whole world (the Crown only ex- cepted), but subject as therein is expressly set forth ; and no such certificate shall be impeached or defeasible on account of any error, omission or informality in the registration of title, or any proceed- ing connected therewith ; and, notwitstanding the existence iii any other person of any estate or interest in the land, and except in the case of fraud, the registered owner thereof, or of any estate or interest therein, in respect of which a certificate of indefeasible title has been granted, shall hold the same, subject only to such incumbrances, liens, estates, charges, or interests as appear on the register, but absolutely free from all other incumbrances, liens, estates, charges and interests whatsoever, except any lease in pos- session for a term not exceeding three years, and excepting the rights of the Crown. 60. Whenever any property shall have been devised or be- ^^ ^^^^ ^^ ^^^ ^^_ queathed by will or codicil, and the person claiming title thereto der a wui, probate through or under the testamentary disposition shall apply for regis- ^^^ " ^ ^''*°'" tration of the testamentary disposition, or of any instrument affect- ing the property executed subsequent to the decease of the testator, the application for registration shall not be deemed to have been 477 [Ko. 143.] Land Megistry. [33 Vict.] A.D'. 1870. mad© umtil the testamemtary ^sposition shall have been proved in — the Supreme Court of the Colony, or letters of admimsitraitioaa witii the testamentary dispositiott annexed shall have been granted by the said Court, or by some other Court of competent jurisdiction, and the probaite or letters of administration, or an official copy thereof, respectively shall have been produced to the "Re^strar. Contested Titles. Title may be con- 51. Any person interested in real estate, the title to which has issue. ^ ^°^ ^^ l*een registered, and. desirous of contesting such registration may file an issue, in the Form marked. M. in the said First Schedule. The Registrar shall thereupon enter a memorandum of such issue against the real estate or interest referred to, in like manner as charges are entered, and within three months thereafter the person filing such issue shall bring an action, or file a bill (as the case may require) against the person whose title is contested, and the Court shall make such order, or give such judgment thereon, as to the cancellation or amendment of such registration, or otherwise, as the nature of the case shall require. issue. CanceiiatioiL of 52. If siuch Mil or action be not filed or brought as aforesaid, the Registrar may cancel such issue on the application of the person whose title is contested, and such person shall be entitled to recover all costs, charges, damages, and expenses which he may have sus- tained by reason thereof against the party who has filed the said issue. Judffrmnits. Judgment to be i-e- 63. The Registrar shall, on the application of any person in whose bind'iands. °^^" *° favour a judgment has been obtained in any Court of Civil Juris- diction in the Colony, register a charge in respect thereof in manner aforesaid, against the real estate of the judgment debtor, on delivery to him of a certificate under the hand of the Registrar of the Supreme Court, or under the hand of a Judge or Registrar of any County Court of British Columbia. Every such judgment shall, so sooa as it has been duly registered, affect and bind all the lands belonging to the judgment debtor at the time of the regis- tering thereof, or at any time afterwards, and shall operate as a charge upon and shall affect and bind all lands of or to which sucli person was at the time of registering such judgment, or at any time afterwards became, seised, possessed, or entitled for any estate or interest whatever, at law or in equity, whether in possession^ rever- sion, remainder, or expectancy, or over which such person had at the time of registering such judgment, or at anytime afterwards, any disposing power which he might without the assent of any other person exercise for his own benefit, and shall be binding upon the person against whom judgment has been so entered and registered, and against all persons claiming under him after such judgment and registry, and shall also be binding as against the issue of his 478 [33 Vict.] Land Megistry. [No. 143.] body, and all other pereons whom he miglit •without the assent of ^.d. igyo. any other person cut off and debar from any remainder, reversion, or any other interifflt in or out of the said lands, tenements, or hereditaments, and every judgment creditor shall have such and the same remedies in a Court of Equity against the lands so cTiarged as aforesaid, as he would be entitled to in case the judgment debtor had power to charge and had charged the same with the amount of such judgment debt and interest, and all such judgments shall be claimed and taken to be valid and effectual according to the priority of registering such certificates. Every judgment so regis- judgments to be re- tered as aforesaid shall cease to be a charge on or to affect any lands °g^g^ ^^^^'^ -^^^^^ or any interest therein, on the expiration of three years from the day on which registration was effected, unless registration thereof he Tenewed in manner hereafter provided. The registration of any judgment so registered as aforesaid may be renewed from time to time, and when renewed it shall continue in force for a period of three years from ihs day on which the last renewal shall have been effected. The Registrar shall from time to time, on delivery to him of an apjplication in writing under the hand of the plaintiff in any action, or of other the person en- titled to receive the judgment debt, or any part thereof, or his attorney, tefore the eviration of three years from the day on which the registration, or the renewal, or last renewal of registration (as the ease may be) of any judgment shall have been effected, permit such registration to be renewed by transcribing on the register of judgments a copy of the original entry, and it shall be the duty of the Registrar to mark and sign in the margin* of the register of judgments and opposite the transcription, "Renewed this day of A. D. 18 54. Any person who shall have filed a bill, or commenced an Lis Pendens, action in respect of any real estate, may register a lis pendens against the same by means of a charge. 55. The Attorney General may, in behalf of the Crown, register „ ^^^^ ^ ^^ a Crown debt against the real estate of any debtor to the Crown, registered. in like manner as other charges are registered, and no Crown debt shall affect any lands or real estate of a Crown debtor unless and until the same be registered. Beference to the Court. 56. "Whenever any special circumstance?, or on account of the Registrar may refer title being doubtful, the Registrar declines to effect registration ™*"«'^ *° ^°"'*- thereof, or to do any act or thing liable to be done under the pro- visions of this Ordinance, and deems it desirable that the matter be heard and decided by the Court, he shall notify the same to the applicant in writing, stating briefly the reasons therefor, and the applicant is thereupon and hereby authorized to petition the Court or Judge in a summary way, praying that his title and interest may he declared, and that tihe Registrar may be ordered to effect regis- 479 [No. 143.] Land Registry. [33 Vict.] A.D. 1870. Affidavits to be filed in support. Caveat may be issued. Service of order on Begistrar. Effect of registration Bnder order of Court. Attendance of Be- gistrar in Court. Cancellation of charges. Sffect of cancelta- iton. tration thereof, and for such other relief as the nature of the case may require; and the Court or any Judge thereof is hereby author- ized and empowered to hear such petition, and make such order thereon after such notices, and on such terms as it or he shall think fit. 57. The petition aforesaid shall be supported by the affidavit of the applicant, and of other persons if necessary, stating fully and fairly all the material facts of the case, and that to the best of the information, knowledge, and belief of the deponent, all the facts and things material to the title, have been fully and fairly disclosed to the Court or Judge. 68. The Court or any Judge thereof may, on the application of any person interested in real estate, or on any application made on behalf of the owner of a future or contingent interest, by petition or otherwise, make an order, or issue a caveat, inhibiting any dealing with, or registration of, such real estate, and annex thereto any terms and conditions it or he may think fit. 59. The service upon the Registrar of any copy of any order of the Supreme Court, or any Judge thereof, or of any order, decree, rule, judgment, or any other proceeding, touching the registration of real estate shall, without more, be sufficient authority for him to act in compliance therewith. 60. AH registrations of absolute fees or charges made in pursuance of any such order as aforesaid, shall stand in precisely the same position, and shall, have such force and no other, as registrations of the absolute fee or charges made under the ordinary provisions of this Ordinance. 61. The Registrar shall attend upon the Court or Judge whenever his evidence may be deemed necessary, but his costs and ex- penses shall be borne by the person making application for or requiring his attendance. Cancellation of Charges. 62. "When any Crown debt, judgment, charge, or issue has been satisfied or discharged in whole or in part, or any interest in land surrendered or released, the Registrar shall, upon satisfactory proof thereof, eater the particulars in a book to be called "The Satis- faction Book," in the form marked N. in the said first Schedule, and shall also cancel the entry thereof on the register of charges, by writing thereupon a memorandum in the form marked 0. in the said first Schedule, and shall also cancel the entry made against the registration of the absolute tee, by writing over the same the word "Cancelled" (in whole orjn part). 63. In every case of cancellation of a charge,, Crown debt, or judgment, the estate or interest, in respect of which such charge, Crown debt, or judgment shall have been registered, shall he 480 [33 Vict.] Land Begisiry. [No. 143.] deemed to be discharged and released from the date of the satis- a.D. 1870. faction or discharge and release of the same, and not from the date of entry thereof on the register; and in those cases where a recon- veyance, surrender, or transfer, would have been otherwise necessary, such memorandum of satistaetion and entry of particulars as afore- said, shall operate as a reconveyance, surrender, or transfer, and the charge. Crown debt, or judgment shall no longer affect the real estate in respect of which it was registered. Maps. 64. When any person applies for registration of the whole or a Registrar may re- portion of an entire lot or section of land, he shall, if so required q»iyf ™apto bede- r 7 1-^ posited or appended by the Eegistrar, deposit a map thereof properly authenticated, or to Deed, append the same to the instrument conveying the said land, and reference to such map shall be made by the Registrar and entered by him in the parcels books, and such map shall be drawn on a scale, in the case of land situated in any District, of not less than four inches to a mile, and in the case of land situated in any Town on a scale of not less than one chain to an inch, or on such scale respectively as the Eegistrar shall require, in order that the land may be clearly and conveniently shown. 65. The Surveyor General of the Colony shall, as soon as conve- Surveyor General to niently may be, and from time to time deposit in the Land Registry gcfaTma^T*^^ °^°^' Office, when requested so to do by the Registrar, copies of all Public Official Maps in his custody, duly authenticated by his signature. 66. It shall be lawful for the Registrar to exercise the foUowinff , ^. .^ ,t, • ° ° Authority ofRegis- powers (that is to say): he may require any person desiring to effect trar to require pro- any registration or cancellation of registration, or any other act, m'en^ts'." ° ***'"" matter, or thing, to produce any grant, certificate of title, convey- ance, bill of sale, mortgage, deed, lease, will, or any other instrument in his possession, or within his control affecting such land, or the title thereto; and he may, for the purposes of this Ordinance, administer oaths, or in lieu of administering an oath, may require any person examined by him to make and subscribe a declaration of the truth of the statement made by him in his examination. And it shall further be lawful for the Registrar, upon such evidence as shall appear to him sufficient in that behalf, to correct errors in entries made, and supply entries omitted to be made under the provisions of this Ordinance. Provided, always, that in the cor- rection of any such entry, he shall not erase or render illegible the original entry, and shall in correcting or supplying any entry, affix his initials thereto, and the date of such correction, and correction so made, and omission so supplied shall have the like validity and effect as if such error had not been made, or such entry omitted, except as regards any registration or filing which may have been entered in any of the register books previously to the actual time of correcting the entry, or supplying the omitted entry. 481 Po. 14S.] Lavd Hegisify. [33 Vict.] A.D. 1870. Acknowleagments, &c., may be made before Begistrar. Applications by Ag«nts. Index of absolute feies and cliaTges. List of lands regis- teied. 67. All acknowleSgments, affidavits, oaths, and declarations necessary for the purposes of this Ordinance, may be taken by and made before the Registrar, 68. Appliceitions for registration or record may be made by the Counsel, Solicitor, Attorney, or duly autborfzed agent of any per- son on his behalf, and such agent may do all other acts and things according to the provisions of this Ordinance, as lie within the scope of the authority given to him. Index Books. 69. The Begistrar shrill keep separate index books of the owners ot absolute fees and charges in alphabetical order, with a reference opposite each name to the volume and . page of the register whrne the estate or interest is registered. 10. The Eegistrai: ?hall keep iifdices arranged under appropriate h,eadings, as to towns, and districts, of all Iwds, registered,, in which reference shall be made to all sections and lots, in numerical order, and the entries in the register affecting each particular section or lot shall be posted in the proper index against the land to which they relate. 71. The Eegistrar shall also keep an index of all recojfds' which shall be made under Section 14, both as to the property aad owner, in like manner as in the two, last sections are providedi 72. The Eegistrar shall keep aseparateindexof every judgment. Crown debt, and lis pendens registered, arraaigingin alphabetical order the names of the persons agaiinst whom the^ same has^ been registered. Maps and Deeds may. 73, Maps Of plans, and instruments of title, i;elating to real estate, be deposited. ^^^ ^^ deposited, with the Eegistrar from, time to time for s.afe keeping, on payment of the proper fee; a,nd. the Eegistrar shall keep an index of all maps or plans and instruments of title so de- posited, specifying the name of the depositor, the parcels to which the map or plan, or instrument relates, and the volume and page oi the paroels boo]? in which the re^l estate is described, and shall also endorse on the map or plan, or instrument deposited,'a menio- rapdum containing a distinguishing number, and the date of deposit. Official Seal. Seal. 74. The Eegistrar shall have an official seal inscribed with the words "The Land Eegistry Office of British Columbia," and Ihe seal of a Deputy Eegistrar shall have in addition the name of the District inscribed thereon. Every paper, writing, or instrument issued by the Eegistrar, shall be impressed with the seal, and'shaill thereupon be admissible in evidence j without proof of such sealing' 482 Index of records to be kept'. Index of judgments, [33 VictI] Land Begistry. pTo. 148.] F^^' A.I>. 1870. 75. The fees mentioned in the second Sfihedule hefeto' annexed, peesv ^ shall be taken by the Eegistraf , and paid into the Colonial Treasury^ for the use of Her Majesty, Her heirs and successors.^ Provided,, always, that it shall be lawful for His Excellency the Governor, from time to time, to direct that the fees which shall be received under the authority of this Ordinance, shall be applied under such regulations as he shall appoint in payment of the cuirent or inci- dental expenses of the said Land ;Registry OfBce, or any ot them. All fees received by any Magistrate for acknowledgment of deeds or any other matter or thing done under thet provisions of this Ordinance, shall be paid into the Colonial Treasury for the uses as afoi'esaid, and duly accounted for. 76. The per-centage to be paid on the registration of an absolute Per-centage how- fee, shall be calculated on the market value of the property at the ''^'^^°^^^- time of application for registration, and in case of dispute, the value shall be settled by the Registrar, upon such proof as he may deem sufficient. 77. If the deeds constituting a title have been registered, and When Deeds are are allowed to remain in the office for six months thereafter, the * '" * ° ''^' game fee shall be charged as if they had been deposited. 78. Any person dissatisfied with any decision or act of the Eegis- Persons dissatisfied trar, may obtain a rule from the Court for the Registrar to show ToVcause/"'^ '° cause why he should not do or omit the thing complained of, but in every instance the costs shall be in the discretion of the Court or Judge. 79. The Registrar individually shall not, save as aforesaid, nor No personal liability shall any person acting under his authority, be liable to any action, ° egistrar. suit, or proceeding for or in respect of any act or matter bona fide done, or omitted to be done, in the exercise or supposed exercise of the powers of this Ordinance. Forgery, ^c, 80. If any person wilfully make any false declaration, or fraud- Punishment of ulently procure, or assist in fraudulently procuring, or be privy to *i^^""^- tbe'firaudulent procurement of any order or rule of the Court, or of any fraudulent entry on the register, or any alteration or erasure of such entry, he shall be guilty of a misdemeanor, and any order or rule procured by fraud, and any act consequent on such order, and any entry, alteration, or erasure so made by firaud shall be void as belween all parties or privies to such fraud. 81. If in any proceeding to obtain the registration of any title to Of false statements. land or otherwise, or in any transaction relating to land, which is, or is proposed to be put on the register, any person acting either as principal or agent, shall knowingly and with intent to deceive, 483 [No. 143.] Lard Registry. [33 VICT.J A.D. 1870. Conviction. Not to affect civil rights. Forgery of Seal. Criminal liability not to protect against giving evi- dence. Rules and Orders by the Court, make, or aspist, or join in, or be privy to the making of any material false statement or representation, or suppress, conceal, or assist, or join in, or be privy to the suppressing, withholding, or concealing from any Judge or Eegistrar, or any person employed by or assist- ing the Eegistrar, any material document, fact, or matter of infor- mation, every person so acting shall be guilty of a misdemeanor; and the act or thing done or obtained by means of such fraud or falsehood, shall be null and roid to all intents and purposes, except as against a purchaser for valuable consideration without notice. 82. Any person convicted of a misdemeanor under either of the last two preceding Sections, shall be liable to imprisonment for any term not exceeding three years, with or without hard labour, or to be fined such sum as the Court by which he is convicted shall think just. 83. No proceedings or conviction for any act hereby declared to be a misdemeanor, shall affect any remedy which any person aggrieved by such act may be entitled to, either at law or in equity, against the person who has committed siich act. 84. If any person forge, or procure to be forged, or assist in forging, the Seal of the Registrar's Office, or the handwriting of any officer therein, he shall be guilty of felony. 85. Nothing in this Ordinance shall entitle any person to refuse to make a complete discovery by answer to any bill in equity, or to answer any question or interrogatory in any civil proceeding in any Court of Civil Judicature, but no answer to any such bill, question, or interrogatory shall be admissible against any such person in evidence in any criminal proceeding. ' Rules and Orders. 86. The Judge or Judges of the Supreme Court may make such Rules and Orders as may be necessary, in relation to any matters to be brought before the Court under the provisions of this Ordi-' nance, and establish a scale of fees to be taken on all petitions, motions, applications, and other proceedings authorized by this Ordinance to be taken and preferred. The Registrar General may, from time to time, make such Rules and Orders, Forms and Directions, for carrying out the provisions of this Ordinance, as may be necessary. But all such Rules and Orders, Forms and Directions,' whether made by the Judge or Registrar as aforesaid, shall be first approved by the Covernor, and may from time to time be varied, repealed, or amended. A copy ot all such Rules and Orders, Forms and Directions, i be affixed to the walls of the Registrar's Office for public information. 484 [33 Vict.] Land Megistry. [N"o. 143.] Interpretation of Terms. A.D. 1870: 87. In the construction of this Ordinance the following words Interpretation, and expressions shall have the meanings hereby assigned to them, unless the same be repugnant to or inconsistent with the context (that is to say) : — the words " The Court " shall mean the Supreme Court of British Columbia; the word "Judge" shall mean any Chief Justice or Judge of the said Court; the word "Registrar" shall mean the Registrar General of Titles, or any Deputy Regis- trar; the expression "Absolute Fee" shall mean and comprise the legal ownership of an estate in fee simple ; the expression " Charge" shall mean and comprise any less estate than an absolute fee, or any equitable interest whatever in real estate, and shall include any incumbrance, Crown debt, judgment, mortgage, or claim, to or upon any real estate; the word "Judgment" shall mean and in- clude any Decree or Order of any Court of Equity, and any Judg- ment or Order of any Court of Law, whereby any sum of money is payable to any person, or whereby the possession of land is given to or any estate vested in any person, by virtue thereof; the word "Person," and words applying to any person or individual, shall apply to and include Corporations, and words importing the singular number or masculine gender only, shall be understood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, and words importing the plural number shall be understood to apply to one matter as well as more than one; the words "Real Estate" or "Land" shall extend to and mean Lands, Messuages, Mines, and all other hereditaments whatsoever; the word " G-overnor," shall mean the Governor of the Colony, or any other Officer Administering the Government of the Colony for the time being; the words "Surveyor General" shall mean the Officer for the time being acting as Chief Commissioner of Lands and Works and Surveyor General. 88. This Ordinance may be cited as " The Land Registry Ordi- short Title, nance, 1870." FIRST SCHEDULE. , Form. A. No. Date 18 . I [or We] of , declare that I [or we] am lor are] the owner in fee of the Keal Estate hereunder described, and elaim to be registered accordingly. 485 A.D. 1870. [No. 143.] Ximvi Registry. 2>«sen>Ko» of Real Estate. [33 Vict.] Town or District. iLot or Section. Admeasurement or Acreage, List of Instruments. And I [or we] declare that to the best of knowledge the value of the said Eeal Estate is dollars. A.£. Eeceived for registration at the day of at o'clock, at C. D,, Stipendiary Magietrate. TOKM B. No. Name of Owner of Absolute Fee. Parcels, Short Descrip- tion. Parcels Book, Vol. Fol. Date of Applica- tion. Date of Registration. List of Instruments. Chargej' Issue, &c., if any. Form C. No. Absolute Fees Book, Vol. Fol. Description. 486 [33 Vict.] lioM Begistiy. Form D. No. I, [or ice] to a Date, pro. 143.] 18 A.D. 1870. of declare that I [or we] am [or arej entitled over the Beal Estate hereunder described, and claim registration of a charge accordingly. The Absolute Pee is registered at Vol. Fol. of Absolulte Fees Book. Description of Real Estate. Town or District. Lot or Section. List of Instruments. And declare that to the best of knowledge and belief the value of said interest is Dollars. Received for registration at o'clock, at the day of 18 , at G. D., , Stipendiary Magistrate: FOBM E. No. 2 . ho fe o IS O •« m 0*^ a< o -S fi .3 ■■q ° 3 J> S IS £? "a g 48T A.D. 1870. pro. 143.J Land Registry. Form F. No. Charge Book, Vol. Fol. Des(;riptio°- [33 Vict.] No. Begistered the Form G. day of Folio 18 , in Book , Vol. A.B., Begistrar Greneral. Form H. To Land Begistiy Office, Date, 18 1 hereby give you notice that I shall proceed to the registration of the title of to in respect of that piece of land known as , notwithstanding the non-production of a certain deed {describing the some], within from the date hereof, unless you object in writing thereto. E. F., Begistrar GreneraL Form I. I hereby certify that Instalment due in respect of ha been paid, and that there remains a balance of unpaid. To A. B., The Begistrar General. Surveyor General. 488 [33 Vict.] Land Megistry. Form J/ CerUJicaie 6f Title. No. [No. 143.] Certificate of Title No. Name of Owner. Absolute Fees Book Vol. Fol. Date of Registration. Parcels Short Descrip- tion. Date 18 . Name Absolute Pees Book, Vol. , Fol. Property A.B., Registrar GS-eneral. lAst of InxtrummU. ' " A.B. Begistrai G-eneral. Form K. I, A. B., of , in consideration of the sum of dollars, do hereby grant and convey [or tramfer and assign] unto G. D., of , and to his heirs [or executors^ administrators'] and assigns, all that piece of land together with all my rights, powers, estate, and interest therein, as registered in the register of absolute fees [or cicwyes] Vol. , Polio , No. Dated this day of Signed, sealed, and delivered, in the presence of .E. F. 18. A.B. ,(... A.D. 1870. and more Folio Form L. Certificate of Indefeasible Title. Ihis is to certify that A. B. is absolutely and indefeasibly entitled in Fee Simple to that piece of land known as particularly described in Absolute Fees Parcels Book, Vol. No. , (subject however to) In witness whereof, I have hereunto set my hand and seal of office, this day of 18 C.B., Registrar General. 489 prd.148.]' LmdEe^ry. [33 Vict.] A.D.187(>. ^*5BM ^■ I, A. B., take issue on the BOgistiiatioii! effected by of the Land known as Book) Vol. Folio. No. A.B. FOKM IT. No. Eegister oJF Vol. iPblio satisfied [% wlwh or in.part'] and the particulars of such satisfaction are is follows : — FOBM O. Cancelled [in whole or inpcurf] the- day of 18 . See Satisfaction Book, Vol. Folio , A.B., Registrar General. SECOND SCHEDULE. Fees^ Inspection or search of any Title on the Register % 50 Application for Registration 50 Registration of any Absolute Fee 1 00 And one-fifth of one per cent, on the value of the Real Estate, where such value amounts to or is under Five Thousand Dollars; and one- tenth of one per cent, on the additional value, where such value ex- ceeds Five Thousand idbHaifS. Registration of any Charge ,., 1 00 An^ one-tenth of one per cent, on the valuer of intfere^t ooveiied by the Charge. Every Certificate of Search for each Title ^ 1 00 Filing any Issue 2 00 S^alitfg'atiy Docilment, otKer tlian a'Certificate 25 Cancellation of any Charge, &d 1 00 Filing any Document other thaa- Issue 50 Every Notioci 50 Every deposit of Map or Title Deeds: 2 50 4£i6 [33 Vicx.] Land Registry. [No. 143.] For every transcript or Record of anyDeed or Ins!rument, as provided ^ -n jgirn for in Section 14 of this Ordinance, per folio of one hundred wo^ds. . . 25 - — For making certified copies of- any I}ee,d or Instrument qf Record, per folio of one hundred words , , , ,.,. £5 For taking the Acknowledgment or Proof qf Execujaan , <)f any Jnsjtru: inent, iiffjluding tjfp Ger)iifio*)te thprcpf. For every apiinp5fl!a4gni^nt or Prpof, ipcljjding Oath 25 For adfuinistering an Oath -jiO Every Certificate of Indefeasible Title 5 QQ THIRD SJDHEDULE. For Maker of a Deed. 'I hereby certifiy that , personally known to me, appeared before me, and acknowledged to me that the Person mentioned in the annexed Instrument as the maker thereof, and 'whose name subscribed thereto as part that knows the contents thereof, and that execuited the, same voluntarily. In testimony whereof I have hereto set my hand and seal of office at this » day of in the year tif Our Lord one .thousand eight hundredrand For Married Women. I hereby certify that A. £., personally known to me to be the wife of C. D., appeared before me, and being first made acquainted with the contents of the annexed Instrument, and the nature and effect thereof, acknowledged on ex- amination, and apart from and out of hearing of her said husband, that she is the person mentioned in such instrument as ,the maker thereof and whose name is subscribed thereto as party; that she knows the contents and understands the nature and effect thereof; that she executed the same voluntarily, without fear, 01 /compulsion, or undue influence of herisaid husband; ,that she is of .full age and competent understanding, and does not. wish to retract the execution of the said Instrument. In testimony whereof I have hereto set my hand and seal of o£Sce, at this day of in the year of Our Lord one thousand eight hundred and 491 [No. 144.] Land. [33 Vict.] A.D. 1870. ^<^ Attorney. I hereby certify that personally known to me, appeared before me, and acknowledged to me that he is the person who subscribed the name of to the annexed Instrument as the maker thereof is the same person mentioned in the said Instrument as the maker thereof, that knows the contents of the said Instrument, and that he subscribed the name of thereto voluntarily as the free act and deed of the said In testimony whereof I have hereunto set my hand and seal of office, this day of in the year of Our Lord one thousand eight hundred and F i jt n • ms pre-emption claim, save as hereinafter provided, the Commis- sioner may in a summary way, upon being satisfied of such perma- nent cessation of occupation, cancel the claim of the pre-emptor so permanently ceasing to occupy the same, and all deposits paid, and all improvements and buildings made and erected on such land, shall be absolutely forfeited to the Crown, and the said land shall be open to pre-emption and may be recorded anew by the Commis- sioner as a pre-emption claim, in the name of any person satisfying the requirements in that behalf of this Ordinance. Meaning of occu- 16. The Occupation herein required, shall mean a continuouB bona pation. „, 1.1 PI 1. nde personal residence of the pre-emptor on his pre-emption claim. Provided, however, that the requirement of such personal occupa- tion shall cease and determine after a period of four years of such continuous occupation shall have been fulfilled. Leave of absence for 17. Every holder of a pre-emption claim shall be entitled to be absent from his claim for any one period not exceeding two months during any one year. As an ordinary rule he shall be deemed to have permanently ceased to occupy his claim when he shall have be6n absent, continuously, for a longer period than two months, 496 [33 Vict.] Lmd. . pTo. 144J unless leave of absence have been gl-anfed by tbe Commissioner, jj^jd_ jgyQ as hereinafter provided. 18. If any pre-emptor shall show good cause to the satirfaetion Special leave for of the Commissioner, such Commissioner may grant to the said *^"^' moQtiis. pre-emptor leave of absence for any period of time, not exceeding four months in any one year, inclusive of the two months' absence from his claim, provided for in Clause 17. ,Such leave of absence shall be in the Form E. in the Schedule hereto, and shall be made Form e. out in duplicate, the original to be handed to the pre-emptor, and the duplicate to be retained of record in the office of the Com- missioner. 19% If any pre-emptor shall show good cause to the satisfaction of Licence to substi- the Commissioner, he may grant him a "Licence to Sulpstitute," *"*^- for any period not exceeding six calendar months, in the Form F. porm p. in the Schedule hereto, in duplicate, the original to be handed to the pre-emptor, and the duplicate to be retained of record in the office of the Commissioner. The continuous personal residence of the person named in such licence (such person not being or becoming subsequently to the date of the licence a claimant of land under any Law or Proclamation regulating the pre-emption of land ■within the Colony) shall, during the continuance of the licence, and after the record thereof with the Commissioner, be as effectual as the continuous personal residence of the claimant himself. 20, Fo person shall be entitled to hold, at the same time, two One claim to be claims by pre-emption; and any person so pre-empting more than ''^'"^ "■* * **™®- one claim shall forfeit all right, title, and interest to the prior claim recorded by him, and to all improvements made and erected thereon, and d^osits oi money paid to Government on account tihereof; and the land incllided in such prior claim shall be open for pre- emption. 21. When the Government shall survey the land included in a Purchase of claim pre-emption claim, the person in whose name the said claim stands '^'^®° surveyed, ttgisterfed in the pre-emption register of the Land Office shall, pro- tided a certificate of improvement shall have been issued in respect of stich land, and that the conditioii of four years occupation requir- ed by this Ordinance has been duly fulfilled, shall be entitled to purchase the aaid land at such rate, not exceeding one dollar per acre, as may be determined upon by the ^Governor for the time heitig, payable by four equal annual instalments, the first instal- ment to be paid to the Commissioner, at his office, within three 'Caliendar months from the date of the service on the said pre-emptor of a notice from the Chief Commissioner of Lands and Works and Surveyor General requiring payment for the said land, or within ■six lealendar months after the insertion of a notice to such effect, to be published for and during such period in the Government Gazette, or in such other newspaper, published in the Colony, as "the Com- missioner may direct. ^ 497 pTo. 144.] Land. [33 Vict.] A.D 1870. If the purchase money for such land be not paid, according to the terms of such notice, the pre-emption claim over such land may, at the discretion of the Commissioner, be cancelled, and all such laud, and the improvements thereon, and any instalments of the purchase money paid thereon, may be forfeited absolutely to the Crown. Hotiee of intention 22. The Crown Grant to a pre-emption claim will not be issued Graut^ ^ °' '^°^" unless it shall have been proved to the Commissioner that written or printed notices of the intended application for such grant have been posted for a period of sixty days prior to such application, upon some conspicuous part of the said pre-emption claim, and upon the adjacent claims (if any), and upon the Court House of the District wherein the land lies. Certificate ment. Form G. of pay- Crown Grant may issue. Form H. Beserration to the Crown. Heirs ofpre-emptor entitled to Crown Grant. Extent of claim N. and E. of Cascade Eange. 23. Upon payment of the whole of the purchase money for such land, and upon production to the Chief Commissioner of Lands and "Works and Surveyor General of a certificate in Form G. in the Schedule hereto, from the Commissioner of the District in which such land is situated, that the notices of intended application for a Crown Grant ot such land have been duly posted as required in the previous Section, without any objection to the issue of such grant having been substantiated, a Crown Grant or Conveyance, in the Form H. of the Schedule hereto, of the fee simple of the said land shall be executed in favour of the purchaser. Provided, that every such Crown Grant shall be deemed to include, among the reservations therein contained, a reserve in favour of the Crown, its assignees, and licensees, of the right to take from any such land, without compensation, any gravel, sand, stone, lime, timber, or other material which may be required in the construction, maintenance, or repair of any roads, ferries, bridges, or other public works. 24. In the event of the death of any pre-emptor under this Ordi- nance, his heirs or devisees (as the case may be) if resident in the the Colony, 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 payment of the full amount of purchase money for such land then due or to become due; but if such heirs or devisees be absent from the Colony at the time of such decease, the Chief Commissioner of Lands and "Works and Surveyor General is hereby aiTthorized and empowered to make such disposition of the pre-emption claim, and such provision for the person (if any) entitled thereto, or interested therein, as he may deem just and proper. 25. Every person lawfully occupying a pre-emption claim situar ted to the northward and eastward of the Cascade or Coast Eange of Mountains, at the date of the passing of this Ordinance, if less than three hundred and twenty acres may, with the permission of 498 [33 Vict.] Land, PTo. 144J tho Commissioner, pre-empt land liable to pre-emption, and imme- a.B. 1870. diately contiguous to or abutting on his said existing claim, so as to make up the total amount of his claim to three hundred and twenty acres, and thereupon such total claim shall be deemed to have been and to be taken up and held under the provisions of this Ordinance. Leases. 26. Leases of any extent of unpre-empted and unsurveyed land Leases for pastoral may be granted for pa&toral purposes by the Governor in Council, P"''P°^^^- to any person or persons whomsoever, being bona fide pre-emptors or purchasers of land in the vicinity of the land sought to be leased, at such rent as such Governor in Council shall deem expedient; but every such lease of pastoral land shall, among other things, contain a condition making such land liable to pre-emption, reserve for public purposes, and purchase by any persons whomsoever, at any time during the term thereof, without compensation, save by a pro- portionate deduction of rent; and to a further condition, that the lessee shall, within six months from the date of such lease, stock the property demised in such proportion of animals to the one hun- dred acres, as shall be specified by the Coinmissioner. 27. Leases of unoccupied and unsurveyed land, not exceeding Hay Leases, five hundred acres in extent, may be granted by the Governor in Council, for the purpose of cutting hay thereon, to any person or persons whomsoever, being bona fide pre-emptors or purchasers of land, at such rent as such Governor in Council shall deem expe- dient. The term of such lease shall not exceed five years ; but every ^such lease shall, among other things, contain a condition making such land liable to pre-emption, reserve for public purposes, and purchase by any persons whomsoever, at any time during the term thereof, with such compensation for improvements made thereon, to be paid to the leaseholder, as shall be fixed by the Commissioner of the District. 28. Leases of any extent of unpre-empted Crown Lands may be Timber Leases, granted by the Governor in Council, to any person, persons, or corporation duly authorized in that behalf, for the purpose of cut- ting spars, timber, or lumber, and actually engaged in those pur- suits, subject to such rent, terms, and provisions as shall seem expedient to the Governor in Council ; provided, however, that any person may hereafter acquire a pre-emption claim to or upon any part of such leased land, by complying with the requirements of this Ordinance. Such pre-emptor shall, however, only be entitled to cut such timber as he may require for use upon his claim; and if he cut timber on the said land for sale, or for any purpose other than for such use as aforesaid, or for the purpose of clearing the said land, he shall absolutely forfeit all interest in the land acquired by him, and the Commissioner shall cancel his claim thereto. 499 [No. 144.] Land. [38 ViCT.J A.D. 1870. Applications for Leases. Pre-emptors may Mtilize water. Kotice to be given. 29. Tke application for any such lease must be in writing, in duplicate^ addressed to the Commissioner, who shall retain the original in his office, and transmit the duplicate, through the head office of the Lands and Works, to the Governor in Council, who shall alone decide on any such lease. Water. 30. Every person lawfully entitled to hold a pre-emption under this Ordinance, and lawfully occupying and bona fide cultivating lands, may divert any unrecorded and unappropriated water from the natural cliannel of any stream, lake, or river, adjacent toi or passing through such land, for agricultural and other purposes, upon obtaining the written authority of the Commissipner of the District to that effect, and a record of thp same shall, be made with him, after due notice as hereinafter mentioned, specifying the name of the applicant, the quantity sought to be diverted, the place of diversion, the object therepf, and all such; other particulars as such Commissioner may require ; for every sucL record, the Commissioner shall charge a fee of two dollars j and, no person shall have any exclusive right to the use of such water, whethei; the same flow naturally through 6r over his land, except such record shall have been made. 31. Previous to such authority being given, the applicant shalli if the parties affected thereby refuse to consent thereto,, post up in a consspiQuous plaqe on each person's land through which it is proposed that the water should pass, and on the District Court Hpflse, notices in writing, stating his intentions to enter such land, and through and, over the same take and carry such water, specify- ing all particulars relating thereto, including direction, quantity, purpose,, and tprm. 32. Priority of right to any such water privilege,, in case of dis- pute, shall depend on priority of record. 33. The right of entry on and through the lands of others, for carrying water for any lawful purpose upon, over, or under the said land, may be claimed and taken by any person lawfully occu- pying and bona fide cultivating as aforesaid, and (previous to entry) upon paying or securing payment of compensation, as aforesaid, for the waste or dainage so occasioned, to the person whose land may be wasted or damaged by such entry or carrying of water. 84. In case of dispute, such compensation or any other question connected with such water privilege, entry, or carrying maybe ascertained by the Commissioner of the District in a summary manner, without a jury, or if desired by either party, with a jury of five men. Water for mining or 35. Water privileges for mining or other purposes, not otherwise other purposes. lawfully appropriated, may be claimed, and the said water may he 500 Priority of right. Gom^kensation for may be assessed by a jury. [33 Vict.] Larut. (Ko. 144.J taken upon, under, or over any land so prff-eiiiptdd or purchased a& ^ j). 1870. aforesaid, by obtaining a grant or licenc&'from the Commissioner of the District; and, previous to taking the same, paying reasonable compensation for waste or damage to the person whose laand may he wasted or damaged by such waterpriviIege,-or carriage of water. 36. All assignments, transfers, or conveyances of any pre--emption Transfer of pre-emp" right, heretofore or hereafter acquired, shal be construed to have ^ater!^ ^^^'^^ ^'^^ conveyed and transferred, and to convey and transfer, any and all recorded water privileges in any manner attached to or rised in the working of the land pre-empted. 37. Every owner of a ditch or water privilege shall be bound to i{ot to waste water, take all reasonable means for utilizing the water taken by him; and if he shall wilfully take and waste any unreasonable quantity of water, it shall be lawful for the Commissioner to declare all rights to the water forfeited. EjecimenL 38. Any person lawfully occupying a pre-emption claim, or Ejectment by hiolding a lease under this Ordinance may, in respect thereof, instil ""^"^y process, tute and obtain redress in an action of ejectment or of trespass in the same manner and to the same extent as if he were seised of the legal estate in the land covered by such claims; but either party , thereto may refer the cause of action to the Stipendiary Magistrate of the District wherein the land lies, who is hereby authorized to proceed summarily, and make such order as he shall deem just. Provided, however, that if requested by either party, he shall first summon a jury of five persons to hear the cause, and their verdict Jury, or award on all matters of fact shall be final. Jury. 39. It shall be lawful for any Magistrate, by an order under his jury how sum- hand, to summon a jury of five persons for any purpose under this ™°°6^- Ordinance and in the event of non-attendance of any persons so summoned he shall have the power to impose a fine not exceeding twenty-five dollars. Appeal. 40. Any person affected by any decision of a Magistrate or Appeal to Suprec Commissioner under this Ordinance may, within one calendar ^°^^- month after such decision, but not afterwards, appeal to the Supreme Court in a summary manner, and such appeal shall be in the form of a petition, verified by affidavit, to any Judge of such Court, setting out the points relied upon; and a copy of such petition shall be served upon the Commissioner whose decision is appealed fi-om, and such time shall be allowed for his answer to the said petition as to the Judge of the Supreme Cottrt may seem advisable; but no such appeal shall be allowed except from decisions on points of law. 501 [No. 144.] , Land. [33 7iCT.1| A.D. 1870. ^^- ■^'"^y person desirous of appealing in manner aforesaid, may ■ — _ be required, before sucb appeal be beard, to find sucb security as may be determined by the Commissioner wbose decision is appealed from, and sucb appeal shall not be heard until after security to the satisfaction of the Commissioner shall have been given for the due prosecution of such appeal and submission thereto. Surveyed Lands. Eeserves. 42. The Governor shall at any time,, and for such purposes as he may deem advisable, reserve, by notice published in the Grovern- ment Gazette, or in any newspaper of the Colony, any lands that may not have been either sold or legally pre-empted. Price of land. 43. The upset price of surveyed lands, not being reserved for the sites of Towns or the suburbs thereof, and not being reputed to be mineral lands, shall be one dollar per acre ; and the upset price of Town and Suburban lots shall be such as the_ Governor may in each case specially determine. Land offered for 44. Except as aforesaid, all the land in British Columbia will be petition!'" "^ *^''™' exposed in lots for sale by public competition, at the upset price above mentioned, after the same shall have been surveyed and made ready for sale. Due notice shall be given of all such sales; notice at the same time shall be given of the upset price ani terms of payment when they vary from those'above stated, and also of the rights specially reserved (if any) for public convenience. Unsold lands by 45. AH lands which shall remain unsold at any such auction pnya e con rac . ^^^ ^^ ^^^^ ^^ private contract at the upset price and on the terma and conditions herein mentioned, on application to the Chief Commissioner of Lands and Works and Surveyor General, or other person for the time being duly authorized by the Governor in that behalf, Land sold, subject 46. Unless otherwise specially notified^ at the time of sale, all ' ■ Crown Lands sold shall be subject to such public rights of way as may at any time after such sale be specified by the Chief Commis- sioner of Lands and Works and Surveyor General, and to the right of the Crown to take therefrom, without compensation, any stone, gravel, or other material to be used in repairing the public roads, and to such private rights of way, and of leading or using water for animals, and for mining and engineering purposes, as may at the time of such sale be existing. Conveyance includes 47. Unless otheiTvise specially announced a.t the time of sale, the trees, mines, &c. ^ ii i i i n . , •, . , , . ^ ,- conveyance of the land shall include, except as provided in Sectioa 23, all trees and all mines and minerals within and under the same (except mines of gold and silver.) i\ee Miners' Rights. Free Miners may 48. Nothing herein contained shall exclude Free Miners from search for minerals. . , entering upon any land in this Colony, and searching for and 502 [33 Vict. J ' Land. [No. 144.1 working minerals ; provided that sucli Free Miner prior to so doing A.I>. 1870. shall give full satisfaction or adequate security to the satisfaction of the Commissioner, to the pre-emptor or tenant in fee simple, for any loss or damage he may sustain by reason thereof. If the amount of compensation (if any) cannot be agreed upon, the Stipen- diary Magistrate or Gold Commissioner of the District wherein the land lies, with the assistance, if desired by either party, of a jury of five persons to be summoned by him, shall decide the amount thereof, and such decision and award shall be final. If there be no such Stipendiary Magistrate or Gold Commissioner in the said District, the Supreme Court shall have jurisdiction in the matter. Free Grants. 49. It shall be lawful for the Governor in Council to make such Free grants for im- special free or partially free grants of the unoccupied and unappro- ' priated Crown Lands of the Colony, for the encotiragement of immigration or other purposes of public advantage^ with and under such provisions, restrictions, and privileges, as to the Governor in Council may seem most advisable for the encouragement and permanent settlement of immigrants, or for such other public pur- poses as aforesaid. 60. K'othing in this Ordinance contained shall be construed so Saves Miners' rights as to interfere prejudicially with the rights granted to Free Miners under the " Gold Mining Ordinance, 1867." 51. The Schedule hereto shall form part of this Ordinance. Schedule. ,52. Each Commissioner appointed under this Ordinance shall Books to be kept, keep a book or books in which he shall enter the date and particu- lars of every pre-emption record, certificate of improvement, licence to substitute, transfer, or other document relating to or in any man- ner affecting any pre-emption claim within his district. 53. All fines and fees payable under this Ordinance shall be Application of fines — j) Tl |1 TPPR deemed to be made payable to the use of the Crown. 54. This Ordinance shall not take effect until Her Majesty's Suspending clause, assent thereto shall have been proclaimed in the Colony. 55. This Ordinance may be cited for all purposes as the "Land ghort Title. Ordinance, 1870," 503 AJ>. 1870. [No. I44.ll Land. [33 Vict.] SCHEDULE. Form A. 'Cerlijicate of Pre-emption Record. Ki^i.o,TSKL{Toie retained ly the Pre-emptor.'] [No. in District Register ] CotTNTKT Land. British Columbia. Pre-^emp^m, Gkim. District of Name of Pre-^mptor (ia fall) Date c£ Pre-etu^tioB B«eord Number of Acres (in words) Wihere situated Description of boundaries of Claim Signature of Commiflsiiwer. N.B. — Plan of the Claim to be drawn on the back of this Sheet; FouM B. Land OkmnaHcB, 1870. District of Certificate of tmprovemeni. I hereljy certify that has satisfied me by evidence [nammg the witnesses and detc^ng thevr, and any ather,, etiidenee vpon lishMi the Com- missioner has come to his pidgment'] that of has been in occupation, as required by the said Ordinance, of his Pre-emption Claim, "re- corded as No. in this District, from the date of such Record to the present time, and that he has made improvements to the extent of two dollars and fifty cents an acre on acres of Crowil Land situate at Signed this day of 18 . 504 [33 Vict.] Land. f;Ko. I44.| FoEM. C. A.D. 18T0. Declaration. Land Ordinance, 1870/ District of I, A. B., of , do solemnly and sincere!;^ declare that [tore detail specifically the improvemeraa and facts decla/red tot as having been made hy the Pre-em/ptor on his Claim,, which define"], and I make' this solemn declaration conscientiously believing the same to be true, and by virtue of the "Oaths Ordinance, 1869." Declared and signed by the within named , on the day of A.D. 18 , before me Commissioner. Place for signature of declarant.. Form D. Transfer of Interest. 1, A. B., of being the registered holder of pre-emption! claim! No. , on the pre-emption register of the Land Office, heieby transfer to C. B., all my right, title, and interest therein absolutely, but subject to the same conditions under which I hold the same. Dated, this day of 18 , Witness, A. B. FoKM E. Leave of Absence. I hereby grant A. B., of , Leave of Absence from his Pre- emption Claim, registered as No. in the Pre-emption Kegister, for the space of ' from the date hereof. Dated, this day of 18 . E.F., Commissioner, SOS p. 1870. {No- 144.] Land. [33 Vict.] Form F. lAcense to Substitute. I hereby Licence A. B., of , to occupy for the space of months, the Pre-emption Claim registered as No. in the Pre-emption Eegister, in the stead of C. D., the present holder thereof Dated, this day of 18 . E. F., Commissioner. Form Q-. Certificate of Notice. I hereby certify that A. B. has posted, for a period of sixty (60) days, on a conspicuous part of the Pre-empted Claim, No. , and also upon the adjacent land, and upon the Court House of the District, a notice for the period of sixty days, that he intends to apply for a Crown Grant of the Land comprised in such claim, and that no objection to the issue of such Crown Grant has been substantiated. Dated, this day of 18 . To C. D., The Chief Commissioner) Commissioner, of Lands and Works. J Form H. {i"»} [Royal Arms.] Colony of i BainsH Columbia. ) No. Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland, and of the Colonies and Dependencies thereof in Europe, Asia, Africa, America, and Australasia, Queen, Defender of the Faith, and so forth. To all to whom these presents shall come greeting. Know ye that We do by these presents, for Us, Our heirs and successors, in consideration of the sum of to Us paid, give and grant unto h heirs and assigns, All that parcel or lot of land situate and numbered on the official plan or survey of the said in the Colony of British Columbia, To have and to hold the said parcel or lot of land, and all and singular the premises hereby granted, with their appurte- nances, unto the ^aid h heirs and assigns for ever. 506 [33 Vict.] Land. [iTo. 144.X Provided nevertheless that it shall at all times fee kwful for Us, Our heir& j^j) igfO^ and successors, or for any person or persons acting in that behalf by Our or their authority, to resume any part of the said lands which it may be deemed necessary to resume for making roads, canals, bridges, towing paths, or other works of public utility or convenience, so nevertheless that the lands m to be resumed shall not exceed one-twentieth part of the whole of the lands aforesaid^ and that no such resumption shall be made of any lands on which any buildings may have been erected, or which may be in use as gardens or otherwise for the more convenient occupation of any such buildings. Provided also that it shaU at all times be lawful for Us, Our heirs and successors, or for any person or persons acting under Our or their authority, to enter into and upon any part of the said lands, and to raise and get there- out any gold or silver ore which may be thereupon or thereunder situate and to use and enjoy any and every part of the same laud, and of the easements and privileges thereto belonging, for the purpose of such raising and getting, and every other purpose connected therewith, paying in respect of such raising^ getting, and use, reasonable compensation. Provided also that it shall be lawful for any person duly authorized in that behalf by Us, Our heirs and successors, to take and occupy such water privileges, and to have and enjoy such rights of carrying water over, through, or under any parts of the hereditaments hereby granted, as may be reasonably required for mining or agricultural purposes in the vicinity of the said hereditaments, paying therefor a reasonable compensation to the aforesaid h heirs or assigns. Provided also that it shall be at all times lawftil for any person duly author- ized in that behalf by Us, Our heirs and successors to take from or upon, any parts of the hereditaments hereby granted, the right to take from any such land, without compensation, any gravel, sand stone, lime, timber, or other material which may be required in the construction, maintenance, or repair of any roads, ferries, bridges, or other public works. In testimony whereof We have caused these Our letters to be made patent, and the great seal of Our Colony of British Columbia to be hereunto affixed. Witness Our right trusty and well beloved Governor and Commander-in-Chief of Our Colony of British Columbia, and its Dependencies, at Our Government House, in Our City of Victoria, this day of , in the year of Our Lord One thousand eight hundred and , and in the year of Our Eeign. By Command. SOT [No. 145.} ■Appropmiion, [34 Vict.] A.D. 1871. Preamble. Appropriation of Rsrenue for 1871. T!To. 145. An Act iki appropriate the sum of Three hundred and forty- seven thousand five hundred and thirty-five Dollars and one Cent, out of the General Revenue of the Colony, for the Contingent Service of the Year 1871. I6th February, 1871. J MOST ©raeftous Soverdsgu : — "We, Tour Majesty's most dutiful ■ and loyar S'ubjeetsv the' Legislative Council of the Colony of BritisB. ColunrMar, iix ordrer to make good the Supply which we have cheerfully- grafted to Your Majesty, have resolved io grant to Your Majesty th6 sum hereinafter mentioned, and do, therefore, most humbly beseech Your Majesfy that it may be enacted: and Be it enacted, bj th,e Gtovernor of Britisih Columbi^i, with the advice and eoaseiBit of th)©. Legjalatiye!> Gouneil thereof, as follows : — 1. That there may be issued, and applied out of the Greneral Revenue of the Colony of British Columbia and its Pependencies,, not otherwise by Law specially appropriated* for or towards making good the Supply granted to Her Majesty for the Contingent Service of the Year One thousand eight hundred and seventy-one, the sum of Three hundred and forty-seven thousand five hundred and thirty-five jDoEiars and one Cent, the said amount being appropriaijfi^ as fallows, namely: — For Salaries and Allowances, The Grovernor $ 2^052 00 Legislative Council- 900 00 Colonial Secretary 9,224 00 Treasury 4,802 00 Auditor General 4,377 00 Chief Commissioner of Lands and Works 6,998 00 Collector of Customs 13,820 00 Post Office 3,200 00 Judicial 4,463 00 Police and Gaols 16,568 75 Gold Commissioners: Kootenay , 6,024 50 Cariboo 13,910 00 Yale 7,320 00 Lillooet 4,608 00 Nanaimo 3,714 00 508 [S4 Vict.] Lane ^*"'*- and effectual, to all intents and purposes, as if done while the Speaker himself was presiding in the Chair. 22. In case of the absence, for any reason, of the Speaker from n speaker absent the Chair of the Assembly for a period of forty-eight consecutive for 48 hours, anqther 515 X^o. 147.] VonsiliuUon. [34 Vict.] A.D. 1871. member may be «lected Speaker. •Quorum for busi- ness. Standing Rules and Orders. Initiation of Laws by the Governor. hours, the AssemTily may elect another of its members to act as Speaker, and the member so elected shall, during the continuance of such absence of the Speaker, have and execute all the powers, privileges, and duties of the Speaker. 23. The Assembly shall not be competent to the dispatch of any business, except that of adjournment, unless nine members be present, and for this purpose the Speaker, if present, shall be reckoned as a member. Voting, and Speak- 24. All questions shall be determined by a majority of votes of er s casting vote, ^j^^ members present, other than the Speaker. "When the votes are equal, the Speaker shall have a casting vote. 25. The Assembly shall at its first meeting, and from time to time afterwards, as occasion may require, adopt Standing Rules and Orders for the orderly conduct of business. 26. The Governor may transmit by message to the Assembly the draft of any Laws which it may appear to him desirable to introduce, and all such drafts shall be taken into consideration by the Assembly, in such convenient manner as shall be by the Rules and Orders provided for that purpose. Governor may re- 27. Whenever any Bill shall be presented to the Governor for AsTembiy for re- ^ ^is assent thereto, he may return the same, by message, for the consideration. re-consideration of the Assembly, with such amendments as he may think fitting. 28. The provisions in the recited Order jin Council of the 9th day of August, 1870, relating to the Governor's assent to Laws relating to Revenue Bills, and to disallowance of Laws by Her Majesty, shall be in force in this Colony, and apply as if they were inserted in this Act; but nothing in this Section contained shall be taken in any way to interfere with the operation of the 90th Section of the. "British North America Act, 1867," after the Union of this Colony with the Dominion of Canada shall have been effected. 29. Every Legislative Assembly of this Colony shall continue for four years from the day of the return of the writs for chosing the same, and no longer, subject, nevertheless, to being sooner dis- solved by the Governor. 30. There shall be a Session of the Legislatpre of this Colony once, at least, every year, so that twelve months shall not intervene between the last sitting of the Asssembly in one Session and its first sitting in the next Session. Seat of members 31. If any member of the Assembly shall, without the permission cases"^*^ '° °*''"''° of the Assembly, fail during a whole Session to give his attendance in the said Assembly, or shall take any oath or make any declara- tion or acknowledgment of allegiance, obedience, or adherence to any Foreign State or Power, or shall do, concur in, or adopt any 516 Certain provisions in Order in Council to apply until^union with Canada. Duration of Assem- biy.. Yearly Session of Assembly. [34 Vict.] Constitution. pTo. 147.] act whereby he may become the subject or citizen of any such ^ p jgy-j^ State or Power, or shall become a bankrupt, or an insolvent debtor, or a public defaulter, or be attainted of treason, or be convicted of felony or any infamous crime, or if any member of the Assembly, by accepting any office, or becoming a party to any contract or agreement becomes disqualified by Law to continue to sit or vote in the same, his election shall thereby become void and the seat of such member shall be vacated, and a writ shall forthwith issue for a new election as if he were naturally dead. 32. Provided, nevertheless, that whenever any person holding Executive OfBcer the office of Colonial Secretary, Attorney General, or Chief Com- ^^l "^^^'^ *°£ *°' V •' ' cept another office missioner of Lands and w orks, or any other office, who is a mem- without vacating ber of the Executive Council, and also a member of the Assembly, °^^*" resigns his office, and within one month after his resignation accepts any other office, but still remains a member of the Executive Council, he shall not thereby vacate his seat in the said Assembly. .33. Any member of the Assembly wishing to resign his seat may jj^^j^^^ ^^^ ^^^^^ do so by giving in his place in the Assembly notice of his intention by giving notice in to resign, in which case, and immediately after such notice has '^^^'^' been entered by the Clerk in the Journals of the House, the Speaker to he entered on may address his "Warrant under his hand and seal to the Registrar Journals- of the Supreme Court for the issue of a writ for the election of a iggueofWrit new member in the place of the member resigning. Or such member may address and cause to be delivered to the Qr bv declaration of Speaker a declaration of his intention to resign his seat, made in ^^^ intention, in writing under his hand and seal before two witnesses, which decla- " v an ration maybe so made and delivered either during a Session of th'e Assembly or in the interval between two Sessions; and the Speaker may, upon receiving such declaration, forthwith address his war- rant, under his hand and seal, to the Registrar of the Supreme Court for the issue of a writ for the election of a new member in the place of the member so resigning, and a writ shall issue accord- ^^^^ ° "*' ingly; and an entry of the declaration so delivered to the Speaker shall thereafter be made in the Journals of the Assembly. And the member so tendering his resignation shall be held to vacation of Seat. have vacated his seat and cease to be a member of the Assembly. 34. N"o member shall so tender his resignation while his election nq resignation to he is lawfully contested, nor until after the expiration of the time tendered whilst . "' ' ^ • Election is contest- clunug which it may by Law be contested. ed. 35. If any member of the Legislative Assembly wishes to resign „ • • _ ■' * •' ° Provisions as to re- als seat in the interval between two Sessions of the Assembly, and signation between there is then no Speaker, or if such member be himself the Speaker, t^e're u no°Sprater, he may address and cause to be delivered to any two members of pr if member be ... ,, ,,, . ■,» . ici.-, • , himself Speaker. tue Assembly, the declaration «before mentioned of his intention to resignj and such two members, upon receiving such declaration, 517 [No. 147.] Con&tiiution. [34 Vict.] A.D. 1871. Issue of Writ. Provisions as to vacancies in Assem- bly. shall forthwith address their warrant, under their hands and seals, to the Registrar of the Supreme Court, for the issue of a new writ for the election of a member in the place of the member so notify,- ing his intention to resign, and such writ shall issue accordingly; and the member so tendering his resignation, shall be held to have vacated his seat, and cease to be a member of the Legislative Assembly. 36. If any vacancy happens in the Assembly by the death of any member, or by his accepting any office, the Speaker on being in- formed of such vacancy by any member of the Assembly in his place, or by notice in vsnriting, under the hands and seals of any two members of the House, shall forthwith address his warrant to the Registrar of the Supreme Court, for the issue of a new writ for the election of a member to fill the vacancy, and a new writ shall issue accordingly. If any such vacancy happens, and at any time thereafter, before the Speaker's warrant for a new writ has issued, there be no Speaker of the House, or the Speaker be absent from the Colony, or if the Member whose seat is vacated be himself the Speaker, then any two members of the Assembly may address their warrant, under their hands and seals, to the Registrar of the Supreme Court, for the issue of a new writ for the election of a member to fill such vacancy, and such writ shall issue accordingly. 37. The Registrar of the Supreme Court may, at the Governor's instance, issue a new writ for the election of a member of the Legislative Assembly, to fill up any vacancy arising subsequently to a General Election, and before the first meeting of the Legisla- tive Assembly thereafter, by reason of the death or acceptance of office of any member, and such writ may issue at any time after such death or acceptance of office. JBut the election to be held under such writ shall not in any manner affect the rights, of any person entitled to contest the previous Election ; and the Report of any competent authority appointed to try such previous Election, shall determine whether the member who has so died or accepted office, or any other person was duly returned ' or elected thereat, which determination, if adverse to the return of such member, and in favour of any other candidate, shall avoid the election held under this section ; and the candidate declared duly elected at the previous election shall be entitled to take his seat, as if no subsequent election had been held. Aliovrance to mem- 38. In each Session of the Assembly, there shall be allowed to bers for attendance, each Member of the Legislative Assembly attending at such Session, five dollars for each day's attendance, during the period of fifty days, if the Session shall continue so long, but no such allowance shall exceed the sum of two hundred and fifty dollars. 518 As to vacancies after General Election, and before first meeting of Assem- bly. [34 Vict.] ConsUtution. [No. 147.] Each day during the Session on which there has been no sitting, j^jy jgyx, or on which the member has been prevented by sickness from attending any sitting, but on which in either case he was in the place where the Session is held shall be reckoned as a day of attendance at such Session. 39. There shall also be allowed to each member of the Legisla- Allowance to mem- tive Assembly, fifteen cents for each mile of the distance between ^^^^ ^°"^ mileage, the place ot residence of such member and the place at which the Session is lield, reckoning such distance going and coming. 40. Each member at the close of any Session shall make and Declaration to be sign, before the Speaker of the Assembly, a solemn declaration ^^ ^ ^ ™*"' ^'■^• stating the number of days' attendance, and the numBer of miles of distance for which such member is entitled to the said allowance; and such declaration may be in the form in the Schedule hereunto Form, annexed, marked B., and shall have the same effect as an affidavit in the same form. 41. The Speaker shall settle the amount to which each member Amounts to be set- is entitled under this Act for allowances, and shall give a certificate *^*'^ *"? Speaker, under his hand, at the close of each Session, stating the amount to which each member is entitled, distinguishing in each case the amount settled for attendance, and the amount settled for travelling expenses, which certificate, together with the declarations, hereby Certificate of Speak- required to be made by members, shall be forwarded to the ^^ govctdo"^*^'^'^*'^ Grovernor by the Clerk of the Assembly. 42. Upon such certificate and declarations being forwarded as Governor to issue aforesaid, the Governor shall issue his warrant to the proper officer for"mount.''^"*°'"^^ of the Treasury to pay the respective amounts to the members named in such certificate, and shall return the declarations to the Clerk of the Assembly, to be kept by him amongst his official documents. 43. No omission or failure to elect a member or members ',in or omission to elect for any Electoral District, nor the vacating the seat or avoiding the ^?c't''Tacation^o?'^" election of, any such member or members, shall be deemed or seat, &c., not to in- taken to make the Assembly incomplete, or to invalidate any J^^^ of AssemWy" proceedings thereof, or to prevent such Assembly from meeting and dispatching business, so long as there shall be a quorum of members present. 44. It shall be lawful for the Legislature of this Colony, from privileges of Legis- time to time, to define the privileges, immunities, and powers to lature. be held, enjoyed, and exercised by the Assembly, and by the mem- bers thereof respectively. Provided, that no such privileges, immunities, or powers shall exceed those, at the passing of this Act, held, enjoyed, and exercised by the Commons House of Par- • liament of the United Kingdom of Great Britain and Ireland, and by the members thereof. 519 [No. 147.] Ckmtiiutwn. [M Vict.] A.D. 1871. 45. The appointment to Public Offices under the Grovernment of British Columbia, hereafter to become vacant, or to be created. Appointment to i «. i n . i , n i ■■ . Public Offices. whether such otnces be salaried or not, shall be vested in the Governor, with the advice of the Executive Council, with the exception of the appointment of the Officers who are also appointed members of the Executive Council, which appointments shall be vested in the Governor alone. Warrants for issue 46. No part of the Kevenue of this Colony shall be issued out money. ^^ ^^ Treasury of this Colony, except in pursuance of warrants under the hand of the Governor. Suspending clause. 47. This Act shall not come into operation until it has received Her Majesty's assent, nor until such assent has been proclaimed in this Colony by the Governor, nor until the expiration of such time as the Governor shall direct, after such assent has been proclaimed as aforesaid, to be fixed by the Governor in such Proclamation. How Act to be con- 48. If the projected Union of this Colony with the Dominion of ^'^°^ * Canada shall be carried into effect, this Act shall be construed, after this Colony has been so united as aforesaid, anything hereinbefore contained to the contrary notwithstanding, as being subject to all the provisions contained in the " British North America Act, 1867," which may by such union become applicable to this Colony, and to the provisions contained in any Order of Her Majesty in Council for the admission of this Colony into such union as aforesaid, under the authority of that Act, and to the provisions contained in any Act of the Parliament of the United Kingdom of Great Britain and Ireland, made for the purpose of electing such union as- aforesaid, or to any other provisions framed by competent authority, other than already mentioned, for such purpose. Short Title. 49. This Act may be cited as " The Constitution Act, 1871." SCHEDULE A. Cariboo District, as defined in a Public Notice from the Lands and Works Office on the 15th day of December, A.D. 1869, by the desire of the Governor, and purporting to be in accordance with the provisions (rf the 39th Clause of the "Mineral Ordinance, 1869," shall constitute one District, to be designated "Cariboo District, " and return Three Members. Lillooet District, as defined in the said Public Notice, shall constitute one District, to be designated "Lillooet District," and return Two Members. Yale District, as defined in the said Public Notice, shall constitute one District, to be designated "Yale District, " and return Three Members. 620 [34 Vict,] CmstUuUon. [So. 147.] Kootenay District, as defined in tie said Public Notice, shall constitute one ^ p 1871. District, to be designated "Kootenay District," and return Two Members. New Westminster and the Coast Districts, as defined in the said Public Notice, other than and except that portion ^hereof next hereinafter defined as New Westminster City District, shall constitute one District, to be designated "New Westminster District," and retuifn Two Members. All that tract of land indicated as the City and Suburbs of New Westminster upon an Official Map now deposited in the Lauds and Works Office, Victoria, which Map is designated "District of New Westminster," "Suburbs," bears the Official Seal of the Lands and Works Department, and is signed "E.G. Moody, " the exact boundaries of which tract of land are defined on the said Map by a dotted line and by the bank of the Eraser Kiver, shall constitute one District, to be designated "New Westminster City District," and return One Member. That tract of land comprised within the Municipal limits of the City of "Victoria, as defined by law for the time being, shall constitute one District, to be designated "Victoria City District, " and return Four Members. Those tracts of land included within Nanaimo, Mountain, Cedar, and Cran- berry Districts, as defined on the Official Maps of those districts now deposited in the Land Office, Victoria, and which Maps are designated respectively "Nanaimo District Official Map, 1859," « Mountain District Official Map, 1859," "Cedar District Official Map 1859," " Cranberry District Official Map, 1859," shall constitute one District, to be designated " Nanaimo District," and return One Member. Those tracts of land included within Cowichan, Quamichan, Somenos, Comiakea, Shawnigan, Chemainis, and Salt Spring Island, as defined on the Official Maps of those Districts now deposited in the Land Ofl3.oe, Victoria, and which Maps are designated respectively " Cowichan District," " Quamichan District," " Somenos District," " Comiaken District," " Shawnigan District," "Chemainis District Official Plan," and " Salt Spring Island District," shall constitute one District, to be designated " Cowichan District," and return Two Members. That tract of land defined on the Official Map of Comox District now depos- ited in the Land Office, Victoria, under the name " Official Map, Comox District," shall constitute one District, to be designated " Comox District," and return One Member. Those tracts of land, other than and except Victoria City District herein- before mentioned, comprised within the Victoria, Lake, North Saanich, and South Saanich Districts, as defined on the Official Maps of those Districts now deposited in the Land Office, Victoria, and wiich Maps are designated respec- tively "Victoria District Official Map, 1858," "Lake District," "North Saanich, 1859," "South Saanich Official Map, 1859," shall constitute one District, to be designated " Victoria District," and return Two Members. Those tracts of land comprised within the Metchosin, Esquimalt, Sooke and Highland Districts, as defined on the Official Maps of those Districts now de- posited in the Land Office, Victoria, and which Maps are designated respec- tively "Metchosin District Official Map, Anno 1858," "Esquimalt District Official Map, 1858," "Sooke District Official Map, 1858," "Highland District 621 {Ko. 148.] Supplemental Supply. [34 Vict.] A D. 1871 Official Map, 1862," stall constitute one District, to be designated "Esqnimalt District," and return Two Members. Provided that all Islands not hereinbefore mentioned, and parts of Islands, adjacent to any of the above Districts in Vancouver Island, shall be included in the Disiricts ■which are nearest to those Islands, and parts of Islands, respectively. SCHEDULE B. I, A. £., one of the Members of the Legislative Assembly, solemnly declare that I reside at , which is distant miles from , where the Session of the Assembly which began on the day of 18 , was held J that during the said Session I was present days at , where the Session was held; and that on each of the said days on which there was a sitting of the said Assembly I attended such sitting, or a sitting of some Committee thereof, * except only on days, on ** of which days I was prevented by sickness from attending any such sitting though I was then present at *** Signature, A. B. Declared before me this day of 18 , G.D., Clerk of the Legislative Council. If the Member attended a sitting of the House, or of some Committee, on every sitting day during the time at which he was present where the Session was held, omit the words from * to ***, and if his non-attendance was not on any day occasioned by sickness, omit the words from ** to ***. No. 148. A.D. 1871. -^11 A.ct granting a Supplemental Supply of Forty-five thousand — nine hundred and sixty-nine dollars and seven cents, oilt of the General Revenue of the Colony of British Columbia and its Dependencies, for the Contingent Service of the year 1870. [2Uh February, 1871.] Preamble. ■ IVf^® ■'' ^facious Sovereign : whereas certain further Supplies are i'J- required for the use of Your Majesty : and whereas we, the Legislative Council of British Columbia, do cheerfully grant thfr same: we do therefore beseech Your Majesty that it may be enacted; and 522 [34 Vict.] Tolls Hxemption Amendment. [No. 149.] Be it enacted by the Governor of British Columbia, with the ^_^ i87i_ advice and consent of the Legislative Council thereof, as follows: — " 1. That the sum of forty-five thousand nine hundred and sixty- Grants Suppiemen- nine dollars and seven cents be granted to the use of Her Maiestv, 1*,^ ^^Ml "^ ,.,.T~,,, J jj $45,969 07. for the purposes mentioned in the Schedule hereto, and that the same be paid out ot the General Kevenue of the Colony of British Columbia and its Dependencies, for the service of the year 1870 ; and the Governor of the said Colony is hereby authorized to empower the Officer acting as Treasurer of the said Colony to give and apply the same accordingly. SCHEDULE. Services Exclusive of Establishments. Revenue Semces, Exclusive of Establishments $ 570 00 Administration of Justice Do , 1,650 00 Ghaiitable Allowances 560 00 Police and Graols, Exclusive of Establishments 4,853 00 Transport 4,398 00 Works and Buildings 7,278 00 Roads, Streets, and Bridges 4,00(1 00 Miscellaneous Services 17,440 00 G-overnment Vessels 1,750 00 Lighthouses 551 00 Deposits 1,919 07 The Commissioners of Savings Banks Account 1,000 00 No. 149. An Act to amend " The Tolls Exemption Ordinance, 1865." a.D. 1871. [24tth February, 1871.] Vide No. 164. WHEREAS by « The Tolls Exemption Ordinance, 1865," it is amongst other things provided, that all wheat, beans, peas, oats, barley, and grain of all kinds, hay, roots, vegetables, and other agricultural produce in an unprepared state, the growth of the Colony of British Columbia, should be exempt from liability to any Road or Ferry Tolls in the Colony, subject as is therein mentioned; and it is expedient to exempt flour and meal, manufactured in this Colony from wheat, beans, peas, oats, barley, and grain of all kinds 523 t^-o. 150.} tAterary /Societies. [34 Vict.] A D. 1871. which have been grown in the Colony also from Road and Ferry ' — * Tolls: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows: — Exempts flourmanu- 1. From and after the passing of this Act, all flour and meal ny from Road Tolls" manufactured in this Colony from wheat, beans, peas, oats, barley, and grain of all kinds, grown in the Colony, shall be exempt from liability to any Road or Ferry Tolls in the Colony, payable to the use of Her Majesty, Her heirs and successors, in.like manner as if such flour and meal respectively had been specified in " The Tolls Exemption Ordinance, 1865." Short Title. 2. This Act.may be cited as "The Tolls Exemption Ordinance, 1865, Amendnient Act." A.D. 1871. Preamble. Declaration to be No. ISO. An Act respecting Literary Societies and Mechanics' Institutes. [2^th February, 1871.] WHEREAS it is expedient that facilities should be afforded for the Incoi^oration of Literary Societies and MechanicB' Institutes : Be it enacted by the Oovemor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:— 1. Any number of persons, not less than ten, having subscribed ™udiag'''trestobiis'h °^ holding together not less than one hundred dollars in money or a Literary Society or mouey's worth, for the use of their intended Society or Institute, ■ ■ may make and sign a declaration (in duplicate) of their intention to establish a Literary Society or a Mechanics' Institute, or both (as the case may be), at some place in British Columbia to be named in such declaration, in which they shall also state, — (1.) The Corporate name of the Society or Institute: (2.) Its purpose : (3.) The amount of money or money's worth subscribed by them respectively, or held by them for the use thereof: (4.) The names of those who are to be the first Trustees, Direc- tors, or Committee for managing its affairs : and (5.) The mode in which their successors are to be appointed, or new members of the corporation admitted, or in which By- Laws are to be made for such appointment or admission, or for any other purpose or for all purposes : and 524 [34 Vict.] Literafy Societies, fffo. 150j (6.) Generally, such other particulars and prdvisionis as they may ^ j). igyi, think necessary, not being contrary to this Act or to Law. 2. One duplicate of such declaration shall be filed in the offiee of Diqviieate of decia^ the Eegistrar General of Titles, or of any Deputy Eegistrar, by one ^*^7*? t^^^r^^ of the subscribing parties, who shall before such Registrar acknow- General. ledge the execution thereof by himself, and declare the same to iave been executed by the other parties thereto, either in person or by their Attorneys. 3. Such Registrar General or Peputy Registrar shall keep the Certificate' of fiiio^ duplicate so filed, and deliver the other to the person who filed it, S'™*®^' with a certificate of the same having been so filed, and of the execution having been attested before him, and such duplicate or any copy thereof certified by such Registrar General or Deputy Registrar, shall be prima facie evidence of the facts alleged in such declaration and certificate. 4. A fee of five dollars shall be paid to the Re^strar^,General or Pee f«w filing. Deputy Registrar aforesaid, for his own use, for the filing of such declaration and delivering the certificate thereof as aforesaid, 5. When the formalities aforesaid have been complied with, the on filing of the de- persons who signed such Declaration, or the Trustees, Directors, or ciaration, the Lite- Committee for the time being of any such Society or Institute, or Tbody Vorporate." united Societies or Institutes, and their successors, shall be a body corporate and politic, and shall have the powers, rights, and immu- nities vented in such bodies by Law, with power to such Corporation in their corporate name, from time to time to acquire and hold to them and to their successors, for the use of such Corporation, any messuages, lands, tenements, or hereditaments situate within this Colony, subject to the limits hereinafter specified, 6. In case of a Literary Society or Mechanics' Institute (or both Declaration to be united) established or in existence when this Act takes effect, the made in the case of ' ^ ' existmginstitutions. Trustees, Directors, or Committee thereof for the time being may make and sign a declaration of their wish or determination to be- come Incorporated according to the provisions of this Act, stating in such declaration the corporate name to be assumed by such Society or Institute, or united Societies or Institutes ; and, also, with such declaration file, in the manner hereinbefore provided, a copy of the Constitution and By-Laws of such Society or Institute, or united Societies or Institutes, together with a general statement of the nature and amount of all the property, real or personal, held by or in trustfor such Society or Institute, or united Societies or Institutes. 7. Any Literary Society or Mechanics' Institute duly Incorpo- Vaine of land whieli rated, and situate in any Town or City having three thousand ""^ ^* ^^^^' Inhabitants, or more, may hold real property not exceeding in . annual value the sum of two thousand dollars. 525 [Ko. 150.] Literary Societies. [34 Vict.] A.D. 1871. 8- Any Literary Society or Mechanics' Institute ' duly Incorpo- — - rated, and situate in any Village, Town, or City not having three thousand Inhabitants, may hold real property not exceeding in annual value the sum of one thousand dollars. Managing body of 9. The affairs of every such Corporation shall be managed by the snch Corporations. rj-j.^g^egg^ Directors, or Committee thereof for the time being ap- pointed as hereinafter, or by any ±Jy-Law of the Corporation pro- vided, who, or a majority of whom, may exercise all the powers of the Corporation, and act in its name and on its behalf, and use its seal, subject, always, to any provisions limiting the exercise of such powers in the declaration aforesaid, or in any By-Law of the Corpo- ration. Who shall be a member thereof. By-Laws. Election of govern- ing body. Failure to elect not to operate a disso- lution of the Corpo- ration. Fines may be im- posed. 10. For the purposes of this Act, and where not otherwise specially provided, a member of any such Society or Institute as aforesaid shall be a person who, having been, admitted therein ac- cording to the Rules and Regulations thereof, shall have paid a sub- scription, or shall have signed the roll or list of members (if any); but in all proceedings under this Act, no person shall be entitled to vote or be counted as a member whose current subscriptions shall be in arrear at the time. 11. Such Trustees, Directors, or Committee, or a majority of them, may make By-Laws binding the members and officers thereof, and all others who not being members agree to be bound by them, tor all purposes relative to the affairs and business of the Corpor- ation, except as to matters touching which it is provided by the declaration aforesaid that By-Laws shall be made in some other manner. 12. The members of every such Corporation may, at their annual meeting to be held on the day appointed by a By-Law of the Cor- poration, choose from among themselves a Board, of Trustees, or Directors, or a Committee of such Corporation, who shall hold office for one year, or such further time as may be hereinafter limited or permitted, and shall be the governing body of such Corporation for the time being. 13. A failure to elect Trustees, Directors, or a Committee on any day appointed for that purpose by the declaration aforesaid, or by any By-Laws, shall not operate the dissolution of the Corporation, but the Trustees, Directors, or Committee then in office shall re- main in office until their successors are elected, which they may be (if no other provision be made therefor by the declaration or By- Laws) at any meeting of members of the Corporation at which a majority of such members are present, in whatever way such meeting may have been called. 14. Every such Corporation may, by its By-Laws, impose a fine not exceeding five dollars on any member contravening the same, 526 [34 Vict.] Literary Sudeties. [No. 150j or on any person not being a member of the Corporation who has ^x>. 187L in writing agreed to obey the By-Law for the contravention where- of it is imposed. 15. Any such fine, if incurred, and any subscription or other sum Mode of recovering of money which any member or other person may have agreed to pay to the Corporation for his subscription to the funds of the Cor- poration for any certain time, or for the loan of any book or instrument, or for the right of entry to the rooms of the Corpora- tion, or for attending any lectures, or for any other privilege or advantage afforded him by such Corporation, may be recovered by the Corporation by action in any Court having jurisdiction in civil matters to the amount, on allegation and proof ot membership, or of the signature of the defendant to some writing, by which he has undertaken to pay such subscription, or to obey such By-Laws, and of the breach of such undertaking, which breach as regards a promise to pay any sum of money shall be presumed, until the contrary is shewn, aind as regards the contravention of any such By-Law may be proved by the oath of any one credible witness. 16. In any action to which the Corporation may be a party, any in any action a member of officer of the Corporation shall be a competent witness, m™i>er may be a ■■^ -^ ' witness, and copy and a copy ot any By-Law bearing the signature ot the defendant, of By-Law, under or bearing the seal of the Corporation, and the signature of some seal, evidence tiiere- person purporting to have affixed such seal by authority of the Corporation, shall be prima facie evidence of such By-Law. 17. Any fine incurred may be recovered in like manner as a Fines belong to subscription or other sum of money, and all fines so recovered shall C'^p»''^''°°- belong to the Corporation, for the use thereof. 18. Any such Corporation may, if so stated in the declaration Business and pur- aforesaid, be at the same time a Mechanics' Institute and a Literary ^°ratioBs!°'' ^°^" Society, or either of them, and their business shall accordingly be the ordinary and usual business of a Mechanics' Institute, or of a Literary Society, or both, as the case may be, and no other; but may embrace all things necessary and useful for the proper and convenient carrying on of such business; and their funds and property shall be appropriated and used for purposes legitimately appertaining to such business, and for no other. 19. If it be provided in the declaration aforesaid, or by the By- shares to be trans- Laws of the Corporation, that the shares of the members, or of any ferabie. class of members, in the property of the Corporation shall be trans- ferable, then they shall be transferable accordingly, in the way and subject to the conditions mentioned in such declaration or By-Laws, if by such declaration such transfers are to be regulated by them. 20. All such shares shall be personal property, and by the decla- Personal property, ration or'By-Law provision may be made for the forfeiture of the ^^ ""^^ ^^ ^'^^^"^ 527 {No. 151.] Tax Sale Repeal Amendment. [34 Vict.] A.D. 1871. Provision for disso- lution. Panishment for stealing property of Corporation ; »nd for having any property of the Cor- poration in posses- sion without ac- counting therefor. Short Title. shares in cases to be therein named, or for preventing the transfer thereof to others than persons of some certain description, or resident within some certain locality. 21. Provision for the dissolution of such Corporation may be made by the declaration, or it may be therein provided that such provision may be made by the By-Laws of the Corporation ; but no such dissolution shall take place until the liabilities of the Cor- poration are discharged. 22. Any member of any such Corporation who shall steal, purloin, or embezzle the money, securities for money, goods, or chattels of the Corporation, or wilfully and maliciously, or wilfully and unlawfully destroy or injure the property of such Corporatbn, or shall forge any deed, bond, security for money, receipt, or other instrument whereby the funds of the Corporation may be exposed to loss, shall be subject to the same prosecution, and if convicted by any Court of competent jurisdiction, shall be liable to be pun- ished in like manner as any person not a member would be subject and liable to in respect of the like offence. 23. If any person shall knowingly buy, take in exchange, orj^have in his possession or keeping, without satisfactorily accounting for the same, any book or other article which is the property ot any such Corporation, he shall, whether a member of such Corporation or not, be liable to a penalty not exceeding one hundred dollars, with or without imprisonment for any tetm not exceeding three calendar months, on conviction of such offence by or before any Stipendiary Magistrate or two Justices of the Peace. 24. This Act may be cited for all purposes as "The Literary Societies Act, 1871." No. 151. A.D. 1871. An Act relating to proceedings under " The Tax Sale Repeal Ordinance, 1867." [2nd. March, 1871.J Preamble. WHEREAS by " The Tax Sale Repeal Ordinance, 1867," it was ^ provided, amongst other things, that it should be lawful for the Governor' at any tiraCj and from time to time thereafter, to cause a list to be made out of taxes and sums due and chargeable on Real Estate, in respect of the Real Estate Tax Acts of the years 1860 and 1862, of the then lately separate Colony of Vancouver Island and its Dependencies, and of the said "Tax Sale Repeal 528 [34 Vies.] fax j^aie Repeat AMmdwrnf. [ITo. ISI.J Ordinance, 1867," and to cause the same to be published in tbe a.D. 1871, €l-ovefnment Gazette, fot the period of time thetein Inentioned, at : — the expiration of which period, provision was thereby made in default of payment within the time therein specified for the recovery of the amotmts mentioned in such Hat : And whereas such list has been, ihade out and published in the Govei'nment Gazette, in pursuance of the provisions of the said Ordinance: And whereas it has been alleged that numerous inaccuracies exist in such list, and that many of the sums appearing in such list to be due and chargeable on Heal Estate are not in reality so due and chargeable: And whereas it has been considered advisable to appoint Com- missioners, with power to enquire fully into such complaints, and generally as to the correctness of such list, and report thereon to the Governor of this Colony: And whereas it is desirable that such Commissioners should be empowered to examine witnesses upon oath; that the Governor should have power to act upon the report of such Commissioners; and that provision should be made for the payment of the expenses involved in the execution of such Commission : Be it therefore. enacted by the Governor of British Columbia^ with the advice and consent of the Legislative Council thereof, as follows: — 1. The Governor may appoint any person or persons, by Com- Empowers Governor mission in Her Maiesty's name, and under the Public Seal of this '? "'PP°i"* Commis- _, , • ■ J 1 11 n 1 ^'""^ *•> enquire into Colony, to enquire into the alleged erroneous charges and inac- arrears of Taxes due i i curacies in the said list so published in the Government Gazette as °^ ■^**' Estate, aforesaid, and generally to enquire into the correctness of such list by revising the same; and such Commissioner or Commissioners Power of o shall have the power of summoning before him or them any party sioners. or witness, and of requiring such party or witness to give evidence on oath, orally or in writing (or on solemn affirmation, if they be parties entitled to affirm in civil matters), and to produce such documents and things as such Commissioner or Commissioners may deem requisite to the full investigation of the matters into whieh they are hereby appointed to examine ; and such Commissioner or Commissioners shall have the same power to enforce the attendance of witnesses, and to compel them to give evidence, as is vested in any Court of Law in civil cases ; and any wilfully false statement made by any witness on oath or solemn affirmation, before such Commissioner or Commissioners as aforesaid, shall be a misde- ' meanor, punishable in the same manner as wilful and corrupt I perjury ; but no such party or witness shall be compelled to answer any question, by answering which he might fender himself liable ; to a criminal prosecution. 529 'pfo. 152.] Paieni ttooA Steamers. [84 ViCT.j A.D. 1871. 2. It shall be lawful for the Governor, upon feceiviug any — , Eeport from such Commissioner or Commissioners, to act upon the Governor may take '^ . , , , t . i i j ^ •, action on Oommis- same, an sucn manner as he may deem advisable, and to remit any ;sionera' Report. amounts that may appear in such list to be due or chargeable on any real estate mentioned therein, and to give such instructions as he may deem expedient for the purpose of rectifying and completing Buch list. Provided that if any new charge is placed upon such list the same shall be published in the Government Gazette, as required by " The Tax Sale Repeal Ordinance, 1867." Empowers Governor 3. It shall be lawful for the Governor to issue his warrant to " the proper officer of the Treasury, for any sum or sums that he may think fit, as a remuneration for the said Commissioner or Com- missioners, and also for such sum or sums as may be requisite to pay for the attendance of witnesses giving evidence before such Commissioner or Commissioners, and also for such further charges and expenses as shall, with the approval of the Governor, be in- curred, laid out, and expended in the course of such enquiry as aforesaid. suBBioners. TnterpTetation Clause. Short Title. 4. The term " Governor" shall mean the Officer for the time being administering the Government of this Colony. , 5. This Act shall be read as part of "The Tax Sale Eepeal Ordinance, 1867," and may be cited for all purposes as " The Tax Sale Repeal Ordinance, 1867, Amendment Act." No. 152. A.D. 1871. An Act to encourage the introduction into British Columbia of Thomson's Patent Eoad Steamers. [Sih March, 1871.J Preamble. "HTHEREAS Josiah Crosby Beedy and Francis Jones Barnard, '' of Victoria, British Columbia, propose to import and use upon the Public Roads on the Mainland of British Columbia,, for the carriage of Goods and Passengers, certain Traction Engines; propelled by steam, and known as "Thomson's Patent Road Steamers :" And whereas it is expedient for the purpose of encouraging the importation and use 'of such Steamers, that certain privileges should be granted and secured to the said Josiali Crosby Beedy and Francis Jones Barnard : Confers privilege on 1. The said Josiah Crosby Beedy and Francis Jones Barnard, J. c. Beedy and F. ^^^i^^ executors, administrators, and assigns, shall henceforth have 630 [34 VICT.] Patent Hood Steamers. [Ko. 152.]' the privilege of UBing Thomson's Patent Road Steamers on the a.D. 1871. public road on the Mainland of British Columbia, between the Town of Yale and Williams Creek, in British Columbia aforesaid, Thomso Ja Patent and commonly known as the Yale-Clinton and Clinton and ^"^"^ steamers. Camerontown, or the Cariboo Eoad, subject to any Law hereafter to be made, regulating the use of Locomotives on public roads generally. Provided, that the tires of the wheels of the said Eoad Steamers shall not be less than twelve inches in width, and the tires of any new waggons, hereafter to be constructed and used therewith, shall not be less than six inches in width. 2. !For the period of one year, to be computed from the date of privilege to be ex- tbe passage of this Act, the said Josiah Crosby Beedy and Francis ciuaiyefor one year. Jones Barnard, their executors, administrators, and assigns, shall, upon complying with all the requirements of this Act, have the exclusive privilege of using the said Patent Eoad Steamers, and suitable carriages and waggons for the said purposes, on the said road; and, during the said period, it shall not be lawful for any other person or persons, company or companies, to use such engines on the said road. 3. In case any damage is done to any portion of the said public Damage doneto road road, or to any bridge on the said line of road, by the use of any to be repaired at cost 1.T.X x-D JO? 1, . ' ■' ,, .;; of Beedy & Barnard. such Patent Eoad Steamer, or by any carnages or waggons attached thereto or employed therewith, beyond what, in the opinion of the Chief Commissioner of Lands and Works, or some other officer specially appointed by the Governor in Council for the purpose of inspecting such road, the ordinary traffic upon such road would have occasioned ; such damage shall be repaired by the said Josiah Crosby Beedy and Francis Jones Barnard, their executors and administrators, to the satisfaction of the said Chief Commissioner of Lands and Works, or other officer so specially appointed as afore- said ; and the said Josiah Crosby Beedy and Francis Jones Barnard shall, on or before the 1st day of April next, enter into a Bond, be "executed 'by with good and sufficient securities, in the amount of ten thousand Beedy and Barnard in -. .1 TT HI . J. ^o'' ^"''" repairs. dollars, to be approved by the Governor in Council, to Her Majesty the Queen, conditioned to perform any such repairs that may be required, in the manner and to the satisfaction of such person as is hereinbefore in that behalf mentioned. Provided, that no greater weight shall be allowed to be carried on the Thompson Eiver Bridge than has heretofore been accustomed, and that an amount, in proportion to the amount of goods carried and to the number of oxen or other animals that would otherwise have been employed in such carriage of goods by the said Josiah Crosby Beedy and Francis Jones Barnard, their executors, administrators, or .assigns, be allowed to the proprietors of such bridge, until the expiration of the "Thompson Bridge Toll Act, 1864;" such amount to be fixed, in case of dispute, by the Stipendiary Magistrate of the District. 631 ]^o. 152.] ^ Paimi Soai Skamer's. C^i Vict. J A D 1871 ■*• Wh&i?ev'6i? it may be necessary or advisable, in the bpinion of — _ tke said Joaiah Croaby B(?edy and Francis Jones Baruard, their r^4s to'brcLried executOFSy admimstratoers,, or assigns,, to strengthen or support any out bjt Beedy and of the bridaes now erected or built om the said line of road, or to Barnard, under con- . . t j i_ i • teoi of Lands and make any alterations or improvements to the road, by lessening Works Department, ^j^^ grade, remommg obstructions, or othejrwise, for the purpose of facilitating the working of such E.oad Steam.ers, together with the said carriages and waggons, alll such work that may be necessary ox advisable to be done for the purpose of strengthening or sup- porting such bridges as, afoafesaid, and all such alterations and improvements to the road, shall be done, made, and effected by the said Joaiah Crosby Beedy and Francis Jones Barnard, their execu- tors, admimistratoiFS, or assigns. Provided, that all sutch work, repairs, and improvements shall be done, made, and effected under the supervision and control of the ©epaatmen't of Land's and Works, or any officer specially authorized by such Department in that behalf. Beedy and Barnard 5. It shall be lawful for the said Josiah Crosby Beedy ^and may make reason- Prancis Jones Barnard, their executors, administrators, or assigns, able charges for con- ,„ ,. in n ■, fi-T veyance of goods for the period of one year irom the date oi the passage oi this Act, and passengers forj ^ make S'Uch reasonable charges, in respect of the conveyance of goods and passengers that may be offered to them for carriage, as the said Josiah Crosby Beedy and Francis Jones Barnard, their executors, administrators, or assigns, may from time tO' time determine upon. Beedy and Barnard 6. The Said Josiah Crosby Beedy and Francis Jones Barnard, suffer penalties of" their executors, administrators, and assigns, shall have all the common carriers, rights and privileges, and be subject to all the liabilities of common Certain goods ex- Carriers. Provided, always, that no person shall be entitled to cepted of a danger- require the said Josiah Crosby Beedy and Francis Jones Barnard, ous character. ^ •' •' their executors, administrators, or assigns, to carry any aquafortis, oil of vitriol, gTjinpowder, lucifer matches, or any other goods which in the judgment of the said Josiah Crosby Beedy and Francis Jones Barnard, their executors, administrators, or assigns, may be of a dangerous nature ; and it shall be lawful for the said Josiah Crosby Beedy and Francis Jones Barnard, their executors, or assigns, to refuse to take any parcel that they may suspect to con- tain good's of a dangerous nature, or require the same to be opened to ascertain the fact. Material may be im- '^- -^^^ Patent Eoad Steamers, and all materials for the con- ported duty free till struction of waggons and carriages to be used therewith, and all "^' " tools requisite for the repair of such Patent Road Steamers, carriages, and waggons, that may be introduced into the Colony of British Columbia by the said Josiah Crosby Beedy and Francis Jones Barnard, their executors, administrators, or' assign'Si from and after the time when this A'ct shall become law, and up to the 532 [34 ViCT.J Customs Repeat ^o. iSi*.] first day of July, A. D. 1871, for the purposes df their business a.D. 1871/ as common carriers, shall be allowed to enter a&y iPort of Ports of — British Columbia free from duty. Provided that if any other otter partieBjusing person or persons shall, during the period for which an exclusive b°assessed'for dami right is hereby granted to the said Josiah Oroaby Beedy and age done and for Francis Jones Barnard, introduce and use upon the said road, any curred°by Be*edy and Eoad Steamer or Steamers not prohibited by this Act, the person Barnard in Altering or persons so introducing such Road Steamer or Steamers shall be liable to pay to the said Josiah Crosby Beedy and Francis Jones Barnard, their executors, administrators, or assigns, such a pro- portion of the expense that may have been or may be incurred by the said Josiah Crosby Beedy and Francis Jones Barnard, their executors, administrators, or assigns, in strengthening bridg^es and otherwise altering and fitting the said road for the use of their Eoad Steamers (provided, always, that the said Chief Commissioner shall deem such alterations and improvements necessary for the employment of such other Traction Engines) as the Commissioner of Lands and "Works may determine, having regard to the number and weight of steamers employed ; and after the said Commissioner shall have determined the amount to be paid by the person or per- sons aforesaid, the said Josiah Crosby Beedy and Francis Jones Barnard, their executors, administrators, or assigns, may main- tain an action for such amount against such person or persons, in any Court of competent jurisdiction in British Columbia, 8. In the construction of this Act the words "Thomson's; Patent interpretation Eoad Steamers," shall mean Traction Engines propelled by steam, Clause, with improved wheels, intended to run on common roads, such improvements consisting in applying to the wheels of such steamers external bands or tires of vulcanized rubber; such external bands or tires of rubber being either in single bands, or in pieces or segments. 9. This Act may be cited for all purposes as "The British short Title. Columbia Patent Eoad Steamers Act, 1871." No. 153. An Act to repeal " The Customs Amendment Ordinance, 1870." a.D. 1871. \%ih March, 1871.] TX7HEEEAS. it is expedient to repeal '• The Customs Amend- preamble. " ment Ordinance, 1870 :" Be it enacted by the Governor of British Columbia, by and with the advice and consent of the Legislative Council thereof, as follows : — 533 [Fo. 154.] Mre Companies* Aid Amendmmi [34 Vict.] A.D. 1871. Repeals " Customs Amendment Ordi- nance, 1870." Suspending clause. Short Title. 1. "The Customs Amendment Ordinance, 1870," shall be and the same is hereby repealed ; but such repeal shall not in any way be taken to prevent the collection of the duty leviable upon spirits prior to the passing of that Ordinance, which duty shall, after this Act comes into operation, be collected as if "The Customs Amend- ment Ordinance, 1870," had never been passed. 2. This Act shall not come into operation until Her Majesty's assent thereto has been proclaimed in the Colony. 3. This Act may be cited for all purposes as the " Customs Repeal Act, 1871." A.D. 1871. Preamble. Levies a further rate of $300 on Fire Insurance Oompa- ^lies. Provides for pay- ment of the same. No. 154. An Act to amend the "Fire Companies'. Aid Ordinance, 1869," [Sth March, 1871.J TT7HEREAS it is expedient that further provision should be made for the raising of funds for the support of the Fire Establishments of the City of Victoria, in addition to the provisions contained in the Fire Companies' Aid Ordinance, 1869 :" Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof,' as follows: — 1. In addition to the rates levied and collected, or hereafter to be levied and collected, upon and from all Agents of Fire Insurance Companies issuing Policies of Insurance against Fires within the limits of the City of Victoria, upon property situate within such limits, there shall be payable to the Municipal Council thereof, by the Agent or Agents of each and every such Fire Insurance Company so carrying on business within the said limits, the annual sum of three hundred dollars ; such sum to be payable by four equal quarterly payments, each of seventy-five dollars in each year, on the 31st day of March, the 30th day of June, the 30th day of September, and the 31st day of December, respectively ; and the first of such quarterly payments shall be made on the 31st day of March, A. D. 1871, and they shall continue thenceforth to be made on each such quarter day as above mentioned. 2. Every such quarterly payment shall be made when due, as aforesaid, by the Agent or Agents of 6very such Fire Insurance Company, to the Clerk of the said Council, at the Council Cham- bers, in the City of Victoria; and such Clerk shall keep an account thereof; and if any such quarterly payment shall be in arrear for a 584 [34 Vict.] Uoad Appellate Court Extensioili fSfo; 15S. j period of thirty days, the same shall be recoverable by action, to a.D. 1871- be brought against such Agent or Agents, or the Company which lie or they represent, at the election of the said Clerk, as a debt due to him and in his name, in any Court of competent jurisdiction in the Colony ; and all moneys raised by virtue of this Act, after deducting the expenses of collection or recovery thereof, shall be applied from time to time, by the said Municipal Council, towards the maintenance of the said Fire Establishments, in such manner and subject to such conditions as the said Council shall in their uncontrolled discretion think most proper. 3. E'othing herein contained shall be deemed to repeal the "Fire Fire Companies'' Companies' Aid Ordinance, 1869," or any part thereof; provided ^'^e^ed'°*°*^ °°"^ that the aggregate of the sums of money to be raised by virtue of tbe said Ordinance, and of this Act, shall not be limited to the annual sum of three thousand dollars. 4. This Act may be cited for all purposes as the "Fire Compa- gtort Title nies' Aid Amendment Act, 1871." Preambl?, No. 155. An Act to enlarge the time fixed by " The Road Amendment a.D. 1871, Ordinance, 1870," for the sitting of the Court of Appeal — constituted under the said Ordinance, during the present year. [8. 1871. said Collector, on or before the 10th day of June then next ensuing, a notice in writing, by them signed, of their claim to vote as afore- said ; and every such person shall, on or before the 10th day of June in the said year, deliver or send to the said Collector a notice signed by him of his claim, according to the form of notice set forth in that behalf in the Form numbered 3 in the said Schedule A., or Possession of quaii- to the like effect. Provided that it shall not be necessary for any cia1m*"iiotTe''uired' P^^^^^ ^^° ^^^^^ "^^^"^ *° ^^ registered during the year 1871 as a in 1B71. Voter, to be in possession of the qualiiication in respect of which he shall so claim three months previous to the time of sending in such claim, to be registered. Collector to make 12. Every Collector shall, on or before the 20th day of June in June" isrf °iut of *^^ 7^^^" 1871, make out, according to the Form numbered 5 in the persons who have gaid Schedule A., an alphabetical list ot all persons who on or he- claimed to be regis- tered as Voters; fore the 10th day of June then next preceding, shall have claimed as aforesaid; and in every such list the christian name and surname of every claimant, with the place of his abode, the nature of his qualification, and the local or other description of the property, and the name of the occupying tenant thereof (if any), and the same shall be written as stated in the claim, or such other particulars as may be stated on the claim, and the said Collector if he shall have reasonable cause to believe that any person whose name and shall add the shalV appear in such List of Claimants, is not entitled to have his word ''objected" name upon the register then next to be made, shall add the word against the name of -^ o ' any person he thinks "objected" before the name of every such person on the margin the Ust'- ^ ° ^ °" of such List of Claimants; and the Collector shall cause a sufficient number of such List of Claimants, with all such marginal additions and shall publish as aforesaid, to be written or printed as aforesaid, and shall after having submitted the same or a copy of the same (if possible) to the Registrar of the District for his approval, on or before the lat day of July, 1871, sign and publish the same; and the said Collector shall likewise keep a copy of such List of Claimants with the marginal additions as aforesaid signed by him, to be perused by any person, without payment of any fee, at any time between the hours often of the clock in the forenoon, and four of the clock in the afternoon of any day, except Sunday, during the first four- teen days after the same shall have been published, and shall deliver written or printed copies thereof, signed by him, to all persons applying for^ the same on payment of a price for each copy after the rate contained in the said Table of Fees numbered 1 in the Schedule B. to this Act annexed. Wst of claimants to 13. The List of Claimants so to be made out by the Collector of be deemed List of every District, or in case the District is divided as aforesaid, of Voters for 1871. ■' ' ' every Polling Division shall, together with the marginal additions aforesaid, during the year 1871, be deemed to be the List of Voters of such District or Division for the purposes hereinafter mentioned,) 640 [34 Vict.] Qmlificathfl and Begisiration of Voters:! (j^o. 15^. j* 14. The Registrar of every District shall, in every year after the j^jy ig^-i year 1871, obtain a sufficient number of printed forms of precepts, notices, and lists according to the respective Forms in the Schedule tottctors^forms A. to this Act annexed, and of the Table of Fees numbered 1 in »/ precepts, notices,, the Schedule B. to this Act annexed; and shall also, on or before istMayTneTeryyeM' the Ist day of May in every year after the year 1871, make and ^^^* ^^''^•' cause to be delivered to the Collector of his District or any Division of his District, a precept according to the Form numbered 1 in the said Schedule A., together with a sufficient number of the said printed notices and lists, and of the copies of the Eegister of Voters then in force for such Electoral District, or if any Polling Division or Divisions of such District have been made, then of such part of such Register of Voters as shall relate to such Polling Division or Divisions respectively, and of the said Table of Fees, for the purposes hereinafter mentioned. 15. Every Collector shall after the year 1871, on or before the Collector to pnbiisfi! 10th day of May in each year, publish the Register or part of the Register, &c., on or Register so transmitted to him as aforesaid, and also a notice ac- every year after ™ cording to the Form numbered 2 in the said Schedule A., having ^^^^' first signed the same, requiring all persons entitled to vote in the election of a Member of the Legislative Council, in respect of any property situate wholly or in part within such Electoral District or Division, who shall not be upon the Register of Voters then in force, and also all persons so entitled as aforesaid, who being upon such Register shall not retain the same qualification, or continue in the same place of abode as described in such Register, or have been inserted on such Register in respect of payment for lodging, or for board and lodging, or in respect of Free Miners' Certificates, and who are desirous to have their names inserted in the Register about to be made, to give or send to the said Collector, on or before the 10th day of June then next ensuing, a notice in writing, by them signed, of their claim to vote as aforesaid, and every such person and any person, who being upon such Register, shall be upon such Eegister in respect of payment for lodging, or for board and lodging. Persons required to or in respect of a Free Miners' Certificate, or may be desirous to cTuectoron'orb!^ make a new claim shall, on or before the 10th day of June, deliver fore loth June. or send to the Collector a notice signed by him of his claim, ac- cordiiig to the form of notice set forth in that behalf in the Form numbered 3 in the said Schedule A., or to the like effect. 16. Every Collector shall, on or before the 20th day of June in Collector to make every year after the year 1871, make out, according to the Form 20th 'june in ''every numbered 5 in the said Schedule A., an alphabetical list of all per- year after i8Yi> sons who, on or before the 10th day of June then next preceding, shall have claimed as aforesaid, and in every such list the christian name and surname of every claimant, with the place of his abode, the nature of his qualification, and the local or other description of the property, and the name of the occupying tenant thereof (if any) 641 [N'o. 156.] Qmlification and l^egistfation of Voters. [34 Vict.] A D 1871 shall be written as the same are stated in the claim, and the said Collector if he shall have reasonable cause to believe that any person whose name shall appear in such List of Claimants or in the , oopv of the Register relatinar to his District or Division and received and shall add the ^y. „ ,-,.., . . ,•,, , , , i • -word "objected" by him from the liegistrar, is not entitled to have his name upon any pe*Bon\e thinks t^e Eegister then next to be made, shall add the word "objected" not entitled to be on before the name of every such person, on the margin of such List andtheword"dead" of Claimants, or the said copy of the Eegister; and the Collector against the name of shall add the word "dead" before the name of any person in the UeTertoTe'dead' Register whom he shall have reasonable cause to believe to be dead; and the Collector shall cause a sufficient number of copies of such List of Claimants, and the said copy of the Register with the marginal additions respectively as aforesaid, to be written or printed, and shall, on or before the 1st day of July in every year after the year 1871, and after having (if possible) submitted the same, or a copy of the same, to the Registrar of the District for his approval, sign and publish the same ; and the said Collector shall likewise keep a copy of such List of Claimants, and the said copy of the Register with the marginal additions respectively as aforesaid signed by him, to be perused by any person, without pay- ment of any fee, at any time between the hours of ten of the clock of the forenoon and four of the clock in the afternoon of any day except Sunday, during the first fourteen days after the same shall have been published, and shall deliver written or printed copies thereof, signed by him, to all persons applying for the same, on payment o± a price for each copy after the rate contained in the Table of Fees numbered 1 in the Schedule B. to this Act annexed. List of Claimants, 17. The List Of Claimants (if any) so to be made out by the after^isTiftolfi'the CoUectors of cvcry District, or Polling Division of a District, toge- List of Voters. ther with the said copy of the Register with the marginal additions respectively as aforesaid, for the time being, relating to the same District or Division shall, after the year 1871, be deemed to be the List of Voters of such District or Division, for the purposes herein- after mentioned. Declaration to ac- 18. All persons giving or sending to the Collector a claim to vote to vote'^^ *''*™ '° under this Act, shall give or send therewith a declaration according to the Form numbered 4 in the said Schedule A. to this Act annexed, or to the like effect; and any person making such decla- Faise statement a ration, knowing any statement contained therein to be false, shall misdemeanor. i i i •, p . -i . be deemed guilty of a misdemeanor, and shall, upon conviction before a Court of competent jurisdiction, be liable to such fine or imprisonment, or both, or either, as such Court may direct. Forms to be furnish- 1^' The Collector of every District, or Polling Division of a Dis- ed by Collector ; frict, shall furnish, to all parties requiring them, the Forms num- bered 3, 4, 6, and 7,, in the said Schedule A., hereunto annexed, for the prices respectively fixed in the Table of Fees, numbered 1,, 51^ [34 Vict.] Qmlifieation and Hegisiration of Voters. [Ko, 160.J iu the said Schedule B.; and shall, if required, fill up such Forms ^j)_ igT'i^ in accordance with the instructions furnished to him for filling up the same, tor which he shall be paid the sums fixed in the said „ „ „,,„-_ ,, ,, • -, , . „ Collectors to serve' Table of Fees; and he may also be required to serve any notices of notices of objection^ objections by any party requiring the same to be served, on pay- ^^ required ; ment of the amount prescribed in the said Table of Fees. Provided, collector may serve that nothing in this Act contained shall prevent the Collector from notice by deputy, serving such notices by deputy. 20. Any person whose name shall have been inserted in any List Any Elector may oh- of Voters for any District, or Polling Division of a District, or who {he lut^'ofM^Dr shall claim to have his name inserted in such list, may object to t^'=* °r Polling Di- any other person as not having been entitled, on the 10th day of June then next preceding, to have his name retained or inserted in any List of Voters for the same District; and any person so object- ing sh"all, on or before the 15th day of July in every year, give, or cause to be given, a notice, according to the Form numbered 6, in Form 6, the said Schedule A., or to the like efleet, to the Collector of the District or Polling Division to which the List of Voters containing the name of the person so objected to may ''relate; and every per- son so objecting shall also give, or cause to be left at the place of abode of the person so objected to, as stated in the said list, a notice, according to the Form numbered 7, in the said Schedule Form 7. A.; and every notice of objection shall be signed by the person objecting, or by some one duly authorized by him in his behalf. 21. The said Collector shall include the names of all persons collector to include against whom notice of obiection shall have been sciven to him as n^™^^ °f persons ? •!• n . T T 1 T-i , , ^ objected to in a list, aioresaid in that year, in a list according to the r orm numbered 8, as in Form No. a of in the said Schedule A., and shall sign sucb list, and shall cause pubihh'tht'same. copies thereof to be written or printed, and shall, after submitting the same, if possible, to the Registrar for his approval, publish such list on or before the 25th day of July in each year ; and shall keep copies of the said list, and also the notices of objection which he shall have received, to be perused by any person, without payment of any fee, at any time between the hours often of the clock in the forenoon and four of the clock in the afternoon of any day, until the expiration of fourteen days (Sundays excepted); and shall deliver a copy of such lists to any person requiring the same, on payment of a price for each copy after the rate contained in the Table of Fees, numbered 1, in the Schedule B., to this Act annexed. 22. Every Collector shall, on or before the 23rd day of July in collector to deiiver each year, deliver to the Eegistrar of the District a copy of the List eopy of List of Vo- CTT o-iT rj.T.x-i iB^s, and a copy of ot Voters so made out by him as aforesaid, and a copy oi the Liist jList of persons ob- of persons objected to as aforesaid. ^^f;_^'°' '° ^'^'" 23. Every, notice, list, register, or other document herein required Ho^ ij^t^^ ^^^ t^ to he published, shall be so published, except some other mode or be published, place of publication is hereby expressly provided, by being fixed 543 t!N"o. 156.] ^ualificdthhv,nd Registration of Voters. [34 Vict.] A.D. 1871. ^^ some public or conspicuous situation, on the outside door or outer Tv^all near the door of the following buildings, that is to say, every Court House, Police Office, or other place where any Justice or Justices of the Peace usually sit or hold Court ; and in Districts and Divisions where no Court is held, then in some conspicuous situation within the District in which the same is required to be published, and iu such other places as the Registrar of the District may direct. ©oration of pubii- 24. In all cases in which any notice, list, register, or other document shall, pursuant to the provisions aforesaid, be affixed on •or near the door of any building, or in some public and conspicuous eituation, or in some place directed by the Registrar as aforesaid the same shall continue so fixed for a period of seven consecu- tive days at the least, and in case the same shall be destroyed, mutilated, effaced, defaced, or removed before the expiration of such period, the Collector or other party required by this Act to publish the same as aforesaid shall, as soon as conveniently may be after he shall have become aware thereof, publish in like manner in its place another notice, list, register, or other document to the like purport and eftect as the notice, list, register, or document bo destroyed, mutilated, effaced, defaced, or removed. Penalty for defacing 25. Every persou who. shall wilfully destroy, mutilate, efface, lists, &c. deface, or remove any notice, list, register, or other document so affixed as aforesaid, during the period for which the same is here- inbefore required to remain so affixed, shall for every such offence forfeit any sum not exceeding twenty-five dollars to any person who will sue for the same, to be recovered in a summary manner before any two Justices of the Peace, or any Stipendiary Magis- trate. List not to be invai- 26. E'o list shall be invalidated by reason that it shall not have L^on-p^ubUcaTiZin^ ^^^^ ^^^^^ i° ^"^^^J P^^^^, and for the full time hereinbefore everypiacerequired. required for publication thereof, but the Registrar shall proceed to revise and adjudicate upon every such list which shall have been affixed in any place hereinbefore mentioned in that behalf; but nothing hereinbefore contained shall be construed to exempt the Collector or other person charged with the duty of publishing such list from the penalties of his neglect or wilful default. Revision of Lists to 27. The Registrar of each Electoral District, for the time being, trlrT*^^ ^y ^'^'" shall revise the Lists of Voters for the District for which he is so appointed Registrar as aforesaid. Provided, that nothing herein contained shall be taken to prevent the Governor in Council from appointing one Registrar for more than one District. Provided, also, that it shall be lawful tor the Registrar, in case of his inability from illness or other cause to attend to the Revision of the Lists of Voters for his District, or any portion of such lists, to appoint some fit and proper person, subject to the approval of the Grovernor in 544 [34 Vict.] QuaUJicatidn and SegisixaiioH of Voieri. \^o. 1$^. j Council, as his Deputy in his place and steald, to revise' the Lists ^jy 187L of V'oters for his District, or so much of the said lists as the Eegis- — trar himself is unable to revise. 28. The Eegistrar shall make a circuit and hold open Courts for Registrar to hoi(< revision at each of the places which now are or may herefafter be Court of Kevision. appointed polling places for such District or Division, and at any other places within the said District or Division which he shall think expedient, at convenient times, between the 10th day of August and the last day of September, inclusive, in the then current year, and shall, ten days at the least before the holding ol the first Court of Revision, give notice, so far as is practicable, to the Collector or Collectors of the Polling Division of the several times and places at which the sard Courts will be holden, and of the lists which will be revised at each of the said Courts ; and the said Eegistrar shall forthwith cause public notice thereof to be given, by advertisement in one or more of the newspapers circulating within the said Electoral District, if so directed by the Governor in Council; and shall cause a sufficient n'amber ot copies of the said notice to be written or printed, and shall deliver or send copies to the Collector of the District, or Collectors of the Polling Divisions, requiring him or them to publish such copy of notice in the manner hereinbefore mentioned, and to attend at the Court therein appointed for the revision of the List of Voters relating to their said District or Polling Division, and the said Collectors shall forthwith publish the Baid copy of the said notice accordingly. 29. The Eegistrar shall, at such Court or Courts, produce the proceedings of Be- ListsofVotersfor the then current year, with the marginal addi- g^str^'' ^t i^e^'sioti tions as aforesaid, and lists of persons objected to in the said year, relating to his District, or any Division thereof; and, also, atter the year 1871, one or more printed or written copies of the Eegister of Voters then in force for such ^District or Division; and the Col- lector for such District or Division shall attend the Court to be holden for revising the lists relating to his District or Division, and shall deliver to the Eegistrar holding such Court the original notices of claim, and notices of objection, given to him as aforesaid, and the said Collector shall (if required) answer upon oath all sach questions as such Eegistrar may put to him, and produce all docu- ments, papers, and writings in his possession, custody, or power, touching any matter herein mentioned. 30. If any person who shall have given to the Collector of any Registrar may insert District, or Division of a District, due notice of his claim tp have names in list in cer- his name inserted in the List of Voters, shall have been omitted by such Collector from such list, it shall be lawful for the Eegistrar, upon the revision of such list, to insert therein the name of the person so omitted, in case it shall be proved to the satisfaction of 8uch Eegistrar that such person gave due notice of such his claim 545 P^o. 156.] ^mlifickion and Bg^islralion vf Voferg. [34 Tict. J A.D. 1871. *o t^e said Collector, and that he was entitled, on the lOth day of — " June then next preceding, to be inserted in the said List of Voters, In 1871, persons «o 31. During the year 1871, any person whose name may appear be^requlred*to^how °^ *^® ^^^* of Voters may be required, by any other such person, he is in possession or by the Registrar, to prove that he is in possession of the qualifi- the time the Bevi- cation for which he has claimed to be registered,, at the time of the sion Court is held, folding of the Revision Court. Electors may oppose 32. It shall be lawful for any person whose name shall be on tBe- List of Voters for any District or Division, to oppose the claim of any person so omitted as aforesaid to have his name inserted in. any List of Voters for the same District or Division, and such per- son intending to oppose any such claim shall, in the Court to be- holden as aforesaid for the revision of such list, before the hearing of the said claim, give notice in writing to the Registrar of his intention to oppose the said claim, and shall thereupon be admitted to oppose the same, by evidence or otherwise, without any previous or other notice, and shall have the same rights, powers, and liabili- ties as to costs and other matters relating to the hearing and deter- mination of the said claim as any person who shall have duly objected to the name of any other person being retained on any List of Voters, and who shall appear and prove the requisite notices as hereinafter mentioned. Eegistrar may re- 33. It shall be lawful for the Registrar to require any person Ed'anVp'ove hu ^^^^^^ name shall be in any List of Voters, in any year, in the qualification. District for which he has been so appointed Registrar, or in any Polling Division thereof, to a.ppear before the Revision Court and prove his qualification; or to give any information to the said Registrar that he may require for the purpose of enabling him t» judge whether such name ought, or ought not, to be retained on such Register or List of Voters; but notice shall be given to the party, if possible, by the Collector, three days , before such party shall be required to appear at such Court of Revision. If he does not at- 34. If such person does not appear, and the Registrar shall be tend his name may satisfied that he has been duly served with notice, and has had be struct out. •' j ■« reasonable time to attend, or if the Registrar is satisfied that such person cannot be found, it shall be lawful for the Registrar sitting in the Revision Court to strike such name out of the List of \roters. Personal appearance 35. !N"o person whose name shall be on any List of Voters shall styt1ubs°tantiat ^e obliged to appear in person to make proof of the nature and qualifications, ei- sufficiency of Ms qualification, unless required by the Registrar so cep require , ^^ ^^^ ^^^ .^ &\x,(i\a, personal attendance shall be rendered requisite on the application of any person objecting to any such name being retained or inserted in any list, such objector may, if his objectiofi be not sustained, be ordered to pay to the person so required to attend, such sum as the Revision Court may award. 546 -[34 Vict.] ^mlipdUori tmd Eegistrdwri of foiel-'i. ^o, IS'^J . 36. 'Wheiievef it stall be proved before the Eegistrar tbat any j^jy i'S7\. person who is or claims to be placed! on the List or Re^stet of . Voters for any Electoral District or Polling Division^ has been ofbribery,&o.,8hai!i' convicted of bribery or undue influence at any Election, or that {l® expunged fro^ judgment has been obtained against any such person for any penal sum made recoverable by any Law for the time being in force in the Colony, in respect of the offences of bribery, treating, or undue influence, or either of them, then and in that case such Eegistrar shall, in case the name of such person is in the List of Voters^ expunge the same therefrom ; or shall, id case su'ch perfeon is claims ing to have his name inserted therein, disallow such claim; and the names of all persons whose names shall be so expunged from the ^ . „ , ' 1. o jjigt of silch persons' List of Voters, and whose claims shall be so disallowed, shall be exjtungedto fee thereupon inserted in a separate list, to be entitled "Th!e List of™*'^®' persons disqualified for bribery, treating, or undue influence/' which last mentioned list shall Jbe appended to the List or Register of Voters, and shall be printed and published therewith wherever' ihe same shall be or is required to be printed or published. 3T. The Registrar, sitting in the Revision Court, shall correct Registrar to correc* any mistake which shall be proved to have been made in any list, ™^^*^ ^^ ™ '^ ■■ and shall expunge the name of every person whose qualification as stated in any list shall be insufficient in law to entitle such person to vote,'and also the name of every person who shall be proved to him to be dead, and wherever the christian name, or place of abodoy or the nature of the qualification, or the local or other description ot the property of any person who shall be included in any such list^ and the name of the occupying tenant thereof (if any) shall be* jvholly omitted in any case where the same is by this Act directed to be specified therein ; or, if any person whose name is included in such list, or his place of abode, or the nature or description of his qualification shall, in the judgment of the Registrar sitting in such Revision Court, be insufficiently described for the purpose of being identified, such Registrar shall expunge the name of every such person from such list, unless the matter or matters so omitted or insufficiently described be supplied to the satisfaction of such Registrar before he shall have completed the revision of such list, in which case he shall then and there insert the same in such list. 38. Provided, always, that whether any person shall be objected Provisions'as to evi* to or not, no evidence shall be given of any other qualification ^^^^^^"^"''^ ^^^ than that which is described in the List of Voters, or claim (as the case may be), nor shall the Registrar be at liberty to change the description of the qualification as it appears in the list, except for the purpose of more clearly or accurately defining the same ; and where the name of any person inserted in any List of Voters shall have been objected to by the Collector or by any other person, and such other person so objecting shall appear by himself or by some one on his behalf in support of such objection, and shall prove that 547 P^o, 156.] QuaUfidation and Hegktaiion of Voters. [34 Vici?.] A.D. 1871. . ^^ g^^® *^® notice or notices respectively required by this Act to be given by Mm, every such Registrar shall then require it to be proved that the person so objected to was entitled on the 10th day of June, then next preceding, to have his name inserted in the List Names of persons °^ ^oters in respect of the qualification described in such list ; and not having quaiifi- in case the same shall not be proved to the satisfaction of such tated°to°l)e"expun- Registrar, or in case it shall be proved that such person was then s«^' incapacitated, by any Law in force in this Colony, from voting in the election of Members to serve in the Legislative Council, such • Registrar shall expunge the name of every such person from the , said lists. Names of persons 39. Provided, always, that where any person whose name of ch'an^e*°ofVbode ^PP^ars on any List of Voters for any District, or Division of a without giving fresh District, shall be objected to on the ground of having changed his notice of claim may ^ n i ^ -iiii. i- i?i i^ ^i-.j. be "retained in cer- place of abode, Without having sent in a tresh notice oi claim, it tain cases. shall be lawful for the Registrar, on revising the list, to retain the name of such person on the List of Voters ; provided, that such person, or some one on his behalf, shall prove that he possessed, on the 10th day of June, the same qualification in respect of which his name is inserted in such list, and shall also supply his true place of abode, which the said Registrar shall insert in such list. No person's name to Provided, also, that no person's name shall be expunged by such out ^notice ^ being ' Registrar from any list, except in case of death, or conviction of given to him, ifpos- j^^y felony, unless notice as herein required in such case shall have been given, or the word " objected " shall have been added to hi» name by the Collector, as aforesaid, or he shall have been required by such Registrar, if possible, to attend and prove his qualification,. or to give such information as aforesaid. Power to adjourn 40. Every Registrar holding any Court under this Act shall have Courts I power to adjourn the same from time to time, and from any one place to any other place within the same District or Division, but so that no such adjourned Court shall be holden after the last day Power to administer of October in any year; and at every Court to be holden as afore- "**'' ' said shall have power to administer an oath to all persons examined before him, and all persons, whether claiming, or objecting, or objected to, and all persons whatsoever may be examined upon oath touching the matters in question ; and every person taking any oath or affirmation under this Act who shall wilfully swear or False oath, perjury, affirm falsely shall be deemed guily of perjury ; and every such Registrar shall, upon the hearing in open Court, finally determine upon the validity of such claims and objections; and such Registrar shall in open Court write his initials against the names respectively expunged or inserted, and against any part of the said lists in which any mistake shall have been corrected, or any omission supplied, or any insertion made by him, and shall sign his name to every page No appi al. of the several lists so settled, and there shall be no appeal from the decision of such Court to any Superior Court of Law. 548 [34 Vict.} Qualification and Hegistration of Voters. [No. 156.J 41. If ia any caae it shall appear to any Registrar holding any j^jy ig7i. Eevision Court as aforesaid, that any person shall, under this Act, , ,, J T J i • m , . 1 Costsmay be award- have made or attempted to sustain any groundless, frivolous, or ed where any frivo- vexatious claim or objection, or title, to have any name inserted or lous or vexatious ob- retained in any List of, Voters, it shall be lawful for the said been made. Eegistrar, in his discretion, to make such order as he shall think fit for the payment by, such person of the costs, or of any part of the costs, of any person in resisting such claim, or objection, or title ; and in every such case the said Registrar shall make an order in writing, specifying the sum which he shall order to be paid for such costs, and by and to whom and where the same shall be paid, and shall date and sign the said order, and deliver it to the person or persons to whom the said sum shall therein be ordered to be paid ; provided that the said sum so ordered to be paid shall not in any case exceed the sum of ten dollars. Provided, also, that whenever any Registrar shall have made any such order for the payment of any sum of money for costs by any person who shall have made any objection as aforesaid, it shall not be lawful for the said Registrar to hear or admit proof of any other objection or notice of objection made or signed by the same person, until the sum of money so ordered to be paid by him for costs be paid to the person so entitled to receive the same, or deposited in the hands of the said Registrar in Court for the use of the person so entitled. 42. The Registrar shall keep the said lists safely in his custody, Registrar to keep ,,„„,., , , -11 -ij- "Sts and copy the and shall forthwith cause the same to be copied and printed in a game in books in book or books, or to be written in a book or books (and if the Dis- alphabetical order; trict is divided, arranged with the names in each Polling Division of his District) in strict alphabetical order according to the sur- names, and shall in the said book prefix to every name its proper number, beginning the numbers from the first name and contin- uiiig them down in a regular series to the last name ; and every such book shall be arranged in such manner and form that the Lists of Voters of and for each and every Polling Division of a District may be conveniently and completely detached' from all the other Lists of Voters contained in the same book, so that all the lists for every or any Polling District may be ready 'for the pur. poses of this Act, or for sale; and the said Registrar shall sign the J°t^rLtndfeUvered said book or books, and deliver the same on or before the 14th day to Returning Officer of September, in the then current year, to the Returning Officer of °° ^^ ^™ ^^' the District, to be by him and his successors in office safely kept for the purposes hereinafter mentioned. 43. The said book or books so signed as aforesaid by the Registrar, Books so signed and given into the custody of the Returning Officer. of any District, ter^l,V''p'erson??nti'- ' shall be the Register of persons entitled to vote at any election of a tied to vote. Member to serve in the Legislative Council, which shall take place in and for the same District, betwen the 14th day of September in 549 pfo. 156.] QuAifidtttim McL Reg'isiraiim of Voters. [34 Vict.] A.D. 1871. t^^ 1^^^ wherein such Register sliall have been made, and the 14ih daj of September in the succeeding year. Registrar to furnish 44. The Registrar of every Electoral District shall furnish a cer- certified copy of the .„ , l ^ -n ■ same to any person, tmed copy 01 such Register to any person applying for the same, upon payment of a price after the rate contained in the Table numbered 2, in the Schedule B. to this Act annexed. " If no list made out 45. In case no List of Voters shall have been made out for any be extende™* ™*'' District or Polling Division by the Collector thereof,, by the day herein appointed for such purpose in^the year 1871, it shall be lawful for the Governor in Council,, at any time before the first Election shall be holden for such District under the provisions of this Act, to extend the time hereby appointed for the purpose aforesaid, and whenever any such extension shall be made the various times hereby appointed for the completion of the List of Voters, prior to the revision thereof and for such revision, shall also be extended in the If no list made out like- proportion as nearly as may be ; and if after the year 1871 no year after 187™ *he ^'^^^ °^ Voters shall have been made out for any District or Division Eegister then in in any year, or in case such list shaU not have been published as List for the year hereinbefore mentioned in that behalf, the Register of Voters for then next ensuing, guch District or Division then in force shall be taken to be the List of Voters for such District or Division for the year then next ensuing, and the provisions in this Act contained respecting any such List of Voters shall be taken to apply to such Register as aforesaid; and in case no list shall be revised before the last day of September in any year, after the year 1871, then such Register then in force shall be the Register for such District or Division for the twelve months then next ensuing. Penalty for refusing 46. Any person who shall wilfully refuse or neglect, when duly to attend on sum- required by summons, under the hand of the Registrar, to attend before such Registrar at any Court to be holden as aforesaid, according to the exigency of such summons, shall upon proof before such Registrar sitting in the Revision Court of the service of such summons, be liable to pay by way of fine for every such offence, a sum not exceeding twenty-five dollars, to be imposed by and at the discretion of the said Registrar holding any such ^Court as aforesaid. Penalty on breach ^'^ • ^"^y Collector of any District or Division who shall wilfully of duty of Collector, refuse Or neglect to make out any list, or who shall wilfully neglect to insert therein the name of any person who has given due notice of claim; or, who in making out the List of Voters for any District or Division, shall wilfully and without any reasonable cause omit the name of any person duly qualified to be inserted in such list; or, who shall wilfully and without reasonable cause insert in any such list the name of any person not duly qualified ; or, who shall wilfully refuse or neglect to publish any notice, or list, or copy of the Register of Voters or part of the Register of Voters relating, to 550 [34 YiCT.] Qualification and Begislfation tf Voters. [iTo. ISff.J his Division, at the time and in the manner required by this Actj ^ D 1371 or, who shall wilfully refuse or neglect to deliver to the Registrar the copy of the Lists of Claimants, and of persons objected to, and of the copies of the Register as required by this Act; or, who shall wilfiilly refuse or neglect to attend the Court for revising the Lists of Voters of his District or Division; or, who shall wilfully refuse or neglect to deliver to the Registrar, holding any such Court, the several lists to be made out by him as aforesaid; or who shall be wilfully guilfy of any breach of duty in the execution of this Act, shall for every such offence be liable to pay, by way of a fine, a sum of money not exceeding twenty-five dollars, to be imposed by and at the discretion of any Registrar holding any Court for the revision of any list of the District or Division of a District of such Collector. Provided, always, that nothing herein contained as to any fine as afijresaid, shall affect or abridge any right of action against any Collector or other person which he may incur under or by virtue of this Act, or any Law for the time being in force in this Colony. 48. Every Registrar when and so often as he shall impose any Registrar to state in such fine as aforesaid, shall at the same time in open Court, by an *?y °'^"^™ ™*^6 ^f order in writing under his hand stating the sum payable for such to be paid. fine, direct that the same shall be paid to the Collector of the Dis- trict (or of the Division as the case may be) or to any other person mentioned in such order, and such Cbllector or other person shall receive the same. 49. The Collector shall keep an account of all moneys 'to be re- Collector to keep an ceived by him for the sale of notices, declarations, copies of Register, »=<=''"i'* °/ ^11 ™°- ■' _ ' 7 X- o J ueys received and or for or by way of fine imposed, or otherwise, under this Act, and pay moneys to Ee- shall pay over or account for all such moneys received by him to pay'^same'^to^ Ae the Registrar of his District ; and the said Registrar shall pay over Treasury. all such moneys, and all such moneys which he may himself receive under the provisions ot this Act, to the Treasury of this Colony, or to puch person and in such manner as the Governor in Council may direct. 60. The Governor in Council may, from time to time, fix such (joyemor to fix re- remuneration to be paid to the Registrars and Collectors appointed muneration to be under this Act, as may be found necessary or desirable for the and CoUectors'^.^'^^ purpose. 5L In case any sum of money by the order of any Registrar Fines and costs how directed to be paid by any person, by way of fine or costs, shall not recoTcred. be paid according to the terms of such order, it shall be lawful for any Justice of the Peace, and he is hereby required upon proof be- fore him that a true copy of the said order hath been served upon or left at the usual place of abode of the person in the said order directed t® pay such sum, and that the said sum hath been deman- ded of such person, and that he hath refused or neglected to pay the same, by "Warrant under his hand and seal to order the said 551 \~So. 156.] Qmiificaiion and Begistration of Voters. [34 Vict.] A.D. 1871. sum of money, tbgether with the costs of and attending the said Warrant, to be levied by distress and sale of the goods and chattels of such person so making default, which may be found within the jurisdiction of such Justice; and the overplus, if any, after the said sum of money and costs, and the charges of such distress and sale are deducted, shall be returned, upon demand, to the owner of the No certiorari. said goods and chattels. Provided, always, ' that no certiorari or other writ or process for the removal of any such order or warrant, or any proceeding thereon into the Supreme jDourt, shall be allowed or granted. Register ofVoters in 62. The Register of Voters in force at the time of any Election luy Biectk)n*t"be°^, ^^^^^ ^® ^"^^^ ^'^^ conclusive, to all intents and purposes, as to the final and conclusive, right of the persons whose names are inserted therein to vote at such Election, whether such persons shall at the time of such Elec- tion have ceased to have the qualification for which he was registered or not; and in case of any proceedings being taken before any tribunal upon any petition whatever complaining of an undue Election, or return of any Member or Members at such Election, no inquiry shall be allowed as to the right to vote of any person whose name shall not be upon the Register in force at the time of such Election. Official Maps to be ^^- Maps descriptive of the boundaries of the Electoral Districts, evidence of bounda- and of any Divisions thereof, made by order of the Grovernor in nes of Districts. ^ ., ."' „ ■, . \ Council in pursuance of this Act, approved of by the Governor in Council, and authenticated by the signature of the Surveyor Gen- eral, shall be received as evidence of the boundaries of such Electoral Districts, and of the Divisions thereof; and such Maps shall be issued to and used by the Collectors, Registrars, Revision Courts, and Returning Ofadters, in discharge of their duties. When Act to come ^4. This Act shall come into operation upon its being passed, into operation. but shall not be taken to apply to the qualification or election, of any Member of the Legislature until the Register of Voters is completed and delivered to the Returning Officer as is hereinbefore provided; and until such Register of Voters is so completed and delivered as aforesaid, the qualification of Members and Voters shall be the same as if this Act had never been passed. Act to be taken to ^^- ^bis Act shall be taken to apply to "The Constitution Act, stititionAcI''mi°' ■^^^^'" passed in the present Session, if, and when the same comes into operation in this Colony, as fully and effectually to all intents and purposes, as if "The Constitution Act, 1871," had been actually in operation upon the passing of this Act, and as if this Act had related to the qualification of Electors and of Members for the Legislative Assenably thereby constituted, and to the Registration of persons entitled to vote at the election of such Members of the Legislative Assembly, so far as the provisions contained in this 552 [34 Vict.] Qaalijwattm arid Registfatim' of Voters. pTo. 156".] Act are not absolutely repugnant to the provisions of " The Oonstt- ^_d_ jgji tution Act, 1871." ' - — 56. Whenever any matter or thing shall be directed by this Act. Any matter required; to be performed on a certain day, and that day shall happen to be aa''ma''b* on Sun- Sunday, such matter or thing shall be performed; on the next ed on Monday. following day. 67. This Act may be cited as "The Qualification and Regis- Slwrt Title., tration of Voters' Act, 1871." SCHEDULE A. Ifo. 1. Precept of the Registrar to the Collectors. Electoral District of TO WIT. I To the Collector of the Electoral District of [or oi ine Polling Division of the Electoral District of J. In pursuance of the provisions of " The Qualification and Kegistration of Voters' Act, 1871," I require your attention to the following Instructions. On or before the 10th day of May, you are to publish * a notice signed by you according to the Form marked No. 2, among the printed forms herewith sent. The manner in which you are required to publish that f notice is as follows, (that is to say) : you are to fix one of the printed copies (each copy being first signed by you) on or near the outside of the outer door, or outer wall near the door, of the following buildings, that is to say : every Court House, Police Office, or other place where any Justice or Justices of the Peace usually sit or hold Court, or if there should be no such place, then in some public or con- spicuous situation in this District [or in your PoUing Division of this District, as the case may he\ or in \_Registra/r may direct any other place in addition^, and it must remain there during a period of seven consecutive days. ■ On or before the 20th day of June, you are to make out an Alphabetical List of all persons who, on or before the 10th day of June, shall have delivered or sent you their claim as Voters for this District [or for your Polling Division of this District'] in respect of any property situate within this District [or vihoUy or in part within your Polling Division'], or in respect of any other * The following alterationB shall be made in the precept after the year 1871. Insert the words **oneofth6 copies of the register of for this District \or ofyawr Divisvm of this District] herewith sent and " t After the year 1871 insert the words * * register and " 653 [liTo. 156.] QmUficaiion and Begistratwn of Voters. [34 Vict.] A.D. 1871. qualification. In making- out such list you are to write, or cause to be written, in the proper column of the printed form of list (herewith sent) numbered 5, the christian name and surname of every such person, with the place of his abode, the nature of his qualification, and the local or other description of the property, and the name of the Occupying tenant thereof (if any) as the same shall be stated in the claim, or such, other particulars as may be stated in the claim. If you have reasonable cause to believe that any person so claiming t is not entitled to have his name on the § register about to be made, you are to add the word " objected" before his name in the margin of the copy of the || list in which his name appears.^ Having done this you are to sign the; List of Claimants ** [ Where it is practicable the Registrar shall insert these words "and submit thesame to me for my approvaVl, and to cause a su£Scient number of copies of such lists, with your marginal additions, to be written or printed; and then, on or before the 1st day of July, you are to publish the said ff list on every Court House, &c., in your District {or PoUing Divisuyii] in the same manner as before mentioned with regard to the notice. You are to keep a copy of the List of Claimants JJ with your marginal addi- ' tions thereon signed by you, and allow them to be perused by every person desirous of perusing them, at any time between the hours of ten of the clock in the forenoon and four of the clock in the afternoon of any day, except Sun- day, during the first fourteen days after you have published them, without payment or demand of any fee ; and you are also to deliver copies of the List of Claimants §§ signed by you, to every person applying for the same, on pay- ment of a price for such copy after the rate contained in the Table of Fees numbered 1 in the Schedule B. herewith sent. You are to make a list according to the Form 8 (herewith sent) containing the names of every person against whom a notice of .objection shall have been given to you, on or before the 15th day of July. [^Where it is practicable Ae Registrar shall insert these words " and submit the same to me for my approv(d."'\ And you are to publish copies of such lists, on or before the 25th day of July, on every Court House, &o., in the same manner as before' mentioned with re- gard to the notice ; and you are to keep a copy of such list of persons objected to, to be perused by any person, without payment or fee, at any time between the hours of ten of the clock in the forenoon and four of the clock of the after- noon of any day, except Sunday, until the expiration of fourteen days after the 25th day of July ; and you are to deliver a copy of such list to any person requiring the same, on payment of a price for each copy after the rate con- tained in the Table of Fees numbered 1 in the Schedule B. herewith sent. And if you shall find any notice, list,|| |{ or other document published by you as aforesaid, to be destroyed, mutilated, defaced, efiaced, or removed, you are forthwith to place another to the same efieot in its place. X Insert the following words * ' or any person whose name shall appear in the copy of the register for this District [or your JXvision of this JHstrict} tferewith sent," g Insert the word ' * new " 1 Insert the words ' ' register or " in the year 1871 omit these words. T[ Insert the word ' 'dead" before the name of any person whom you shall have reasonable cause to be- lieve to be dead. ** Insert the words "and also thecopy of the register herewith sent" ff Insert the words ' ' register and " jit Insert the words " and of the said register sent to you " ^ Insert the words ' ' and of the said register " B I Insert the word * ' register " 554 r34 Vict.] Qualification and Registration of Voters. [No. 156.] On or before the 23rd July, you are to deliver to me the List of Claimants*;^* ^,j). I871. and also a copy of the list of persons objected to, signed by you. You are to give notice to all persons whom I require to come before me and prove their qualifications as stated in the said list; and you are to attend the Court to be holden by me for the purpose of revising the lists relating to this District [or to jf our PoUing Division of this District']; and you are there to deliver to me the original notices of claim, and original notices of objection, given to you as aforesaid; and you are also required to be prepared with proof of service of any notice required by me to be given as aforesaid. You are to ftirnish to all parties requiring them, the Forms numbered 3, 4, and 6, (herewith sent) to any person requiring them, on payment of a price for each Form after the rate contained in the Table of Fees numbered 1, in the Schedule B., herewith sent. And, if required, you are to fill up such Forms in accordance with the instructions furnished to you for filling up the same, on payment after the rate contained in the Table of Fees numbered 1, in the Schedule B., herewith sent. And you are also to serve any notices of objection, if required by any party so to do, on being paid for the same after the rate contained in the Table of Fees numbered 1, in the Schedule B., herewith sent. Herein, if you fail, you will be liable to the penalties in that case provided. Given under my hand, this day of 18 . (Signed) CD, < Registrar, Electoral District of *«* Insert the words ' ' the copy of the register [orpart tfthe regieUr] herewith sent " No. 2. Form of Notice to be given hy the Collector. Electoral District of or Polling Division of the Electo- ral District of 4 I [hereby give notice, that all persons entitled to vote in the Election of a Member or Members of this Electoral District of [or for this , Foiling Division of the Electoral District of , as the case may ie] in respect of freehold or leasehold property, or in respect of any other qualifi- cation conferring the right to vote in this Electoral District [or Polling Divisionl * '^^'^ ^'^ desirous to have their names inserted in such Eegister of Voters about to be made for this Electoral District [or for this Polling Division] are hereby required to give or send to me, on of before the day of in this year, a notice in writing, by them signed, in which their name and surname at full length, their place of abode, and the particulars of their quali- *TheBewoTds to be inserted after the year 1871: — "who are not upon the Register of Voters now in force, or being upon the Register, shall claim in respect of being a lodger, or as paying for board and lodgii,g, or in respect of a Free Miner's Certificate, or shall not retain the same qualification, or continue in the same place of abode as described in such Register, and " 565 tNo. 156.] QmUfi^ation and Re^tra0m of Voters. [34 Vict.] A T> 1871 fioation, must be legibly written, accorcling to the Fpria of Notice of Claim =-^=^ -herewith, or to the like effect, Persons claiming, are also required to annex a declaration'thereto, according •to the Form of Declaration herewith. Any person making such declaration, knowing any statement contained therein to be false, will be guilty of a misde- meanor, and will be liable to be prosecuted accordingly. Persons f ■ omitting to give or send such Notice and Beclaratibn will not be included in the List of Voters about to be made out by me. t These words to be Inserted after tlje year 1871 :— ' < alre^y on the Register of Voten, who haye Qhanged itheir residence, or whose (Qualification has been altered since the last registration, are required to send in their claims ; and all persons who are on the Beglster of Voters in respect of daims as lodgers fbr payment of board and lodging^ AQd holers qf ^e$ Miner's QertiSpAtes, are rec|,i>uced tosendis &esh claims, and all such persOQS " No. 3. Form of Notice of Claim to be given to the CoUeetor. To the Colkctor of the Electoral District of [or Polling Division of the Electoral District of ]. I hereby give you notice, that I claim to have my name inserted in the List of Voters for the Electoral District of [or PoUmef Division of the Electoral District of J in virtue of the freehold £or leasehold] property which I possess at [or as the case may fie] in virtue of my occupation of a house at , or of vaj being a lodger in the house of [insert name, description, and residence of landlord or other person to whom rent is paid"] situate at [iTisert description of house in which lodgings situate, with nuniber (if amy) and name of street, if in a Town], and having paid for such lodgings not less than Forty Dollars; or of my having paid for board and lodging to [insert name, description, and residence of person to whom this amount paid], in respect of my residence at [insert description of house in which party resides and boards, with number (if amy) and name of street, if in a Town], not less than the sum of Two Hundred Dollars per annum; or of my having a Pre-emption Claim to [describe place fviOy, and nwmiber of acres, Section, and Ramge] duly recorded at [state where recorded, and number and date of Record] ; or of my having tak^ij out a Free Miner's Certificate this year, upon which a Claim to [describe place to which, alaim is made] has been duly recorded at [with date and number of Secord], Dated at this day of in the year 18 (Signed) a D. [ Claimant to state his christian rmime and surname at full length, and add his residence, and his profession, trade, or calling]. 656 [34 Vict.] Qudi^oMpnisind MegtsirdHon 6/ Voterd^, [ifo. 15^1 J Fo. 4. Form of Declaration to be annexed to ifotke of Clam. I do most sincerely and solemnly declare, that I am possessed of the qualification) above set forth, to the best of my knowledge and belief, [ * and that I have been possessed of the same for the space of Three Months previous to this date]; that I am a British Subject by birth, having beenJbom at \jfnot a British Subject hy hirth, state when, how, and where claimant became entitled' to the privileges of a British Sul^'ect'] ; that I have never renounced my aUegiance,. nor taken the oath of allegiance to any ■Foreiga^Stais? \jfsmh has been the case, but clai'mant his. since tajcev, the oath of ifll^imm.to Mer Mfibj^ty„state the fact, andmhen, amd wAere,: and before whom, ««sA Imt mewtiomed oath was fakenji that I am of the ftJl age pf twenty-one years;, that I can read English [or if a natural bom British Subject, that I can read ]; and that T am not dia- qualified to vote, to the best of my belief, by any Law in force in this Colony. (Signed) Witness; ' -'— » A.D. 187T. • These words may he omitted in the^ear 1871. Form of List of Persons Chimmg to Vote. Electoral District of ] or Polling Division of the ( Electoral District of j TO WIT, J List op Peesons Claiming ob supposed to be entitled to Vote in the Election OF 4- Member of the District or Polling Division. Margin for entcedng tor's objec- tiODQ. Christian name and surname of the Claimant at full length. Besidence of Claimant, with ^11 descrijytion of House, if in a town, with number (if any) and name of street. Profession , trade^ or calling. Nature of qualification If claim he made in respect of freehold or leasehold property, or of occupation, state street, lane, or other place in this Dis- trict \ar JHvisi &c.; If in respact of aminjugceir- tiflcate, state name of claim, number of certificate, where recorded, and date. 6S7 A.D. 1871. [No. 156.] QiM^ation and Registration of Vote's. [34 Vict.] No. 6. Form of Notice of Objection, to the Collector. To the Collector of I hereby give you notice that I 'object to the name of W. iS., of [describe per- son objected to as he is described in the Idst of Voters'] being retained on the List of Voters for the Electoral District of [or the PoUing Division of the Electoral District of ], on the following grounds [here specify the ffr'ounds of objections.'] (Signed) C. D. [ Obf'ector to state here his qualification, his profession, trade, or caMing, and residence.] N. B. — ^A notice of objections must be sent to the person objected to, as well as to the Collector. So. 7. F(yrm of Notice of Objection, to be given to parties Directed to by any other Person, other than the Collector or Registrar. To TF. S. [name of person objected to, describe him as he is described in the List of 'Voters.] I hereby give you notice, that I object to your name being retained on thu List of Voters for the Electoral District of , or the Polling Division of the Electoral District of , on the following grounds : [here specify the grounds of objections.] (Signed) C. D. Objector to state here his qualijication, his profession, trade, or caUing, and residence. 558 [34 Vict.] Qmlificaiion and Segisttaiiofi of Voiets. No. 8. lorm of Ust of Persons Objected to. [No. 156.] A.D. 1871. List of Persons Objected to, to be Published by the Registrars. The following Persons have been objected to as not being entitled to have their names retained in the List of Electors, for the District of Christian name and Barname of the Claimant at AUl length. Residence of Claimant* with fall description , of House,: if in a town with number (if any) and name of street. Profession, trade, or calling. Nature of qualification If claim be made in respect of freehold or leasehold property, or of occupation, state street, lane, or other place in this Dis- trict (or Division), name of property, and occupying tenant (if any), and as full a descrip- tion of the property as can ba given; If by a lodger, state residence of landlord or person to whom rent paid, and description and number of house (if any), and name of street, if in a town; If in respect of board and lodging, state name, descrip- tion, and residence of person to whom amount . for beard paid, with number (if any), and name of street, ifinatown, and sum paid per annum; If in respect of a pre-emption claim, state place fuUy, and number of acres, where record- ed, andnnmber of record, date, &c.; , If in respect of a mining certi- ficate, state name of claim, nntiibpr of certificate, whra'e recoi^^, and date. SCHEDULE B. Table IsTo. 1. Fees to he received by Collector. cents. For Form No. 3, Schedule A 25 For filling up same, if required 25 For Form No. 4, Schedule A ^ 25 For filling up same, if required \^ For Form No. 6, Schedule A 12j For filling up same, if required 12J For Form No. 7, Schedule A 12J For filling up same, if required 12J For any List, or copy of a List, containing any number of Persons' names, for each folio of 100 words, or fractional part thereof 25 For serving Notice of Objections, the same amount as is allowed for serrice of Sum- monses in the County Court. 659 A.D. 1871. ![No. 157.1 Meetim MgiOaUm. [34 Vict.] Table Fo. 2, Pees to be received by Registrar. Tot every printed copy of any Register, or any part of 'any Register, containing any number of Personci'' names, not exceeding 1,000 names .;: ;...: $1 00 Exceeding 1,000 names. » 2 00 !Par every written copy of any Register, or any part of any Register, contaiu- iing any number of Persons' names, for each folio of 100 words 25 No. 157. A.D. 1871- An Act to regulate Elections of Members of the Legislature of this Colony. \p,7d March,l%11.1 Preamble.. "ITH'HEREAS fey a Proclamation, bearing date the 13th day of Vf Ootober, 1870, and issued by the Goveraor of this Colony, under and by virtue of the powers and authorities conferred upon him by the "British Columbia Act, 1870," and by the Order of Her Majesty in Council, bearing date the 9th day of August, 1870, made in pursuance of the said Act, certain provisions (amoDgst other things) were made as to the Regulation of Elections of Members ot the Legislative Council : And whereas it is desirable to amend the Law as established by the said Proclamation, by making other and further provisions as to the Eegulation of the Elections of Members of the Legislature^; Be it therefore enacted by the Q-overnor and Council, with the advice and consent of the Legislative Council, as follows : — Governor in Council 1. It shall be lawful for the Governor in Council, from time to in *officer*for**each *™®) *o appoint a fit and proper person to be the Returning Officer Electoral District, of each Electoral District, and to cause such appointment to be notified in the Government Gazette ; and from time to time, in his discretion, to revoke any such appointment and remove any person so appointed, and to appoint another Returning Ofiicer in the stead of the person so removed, or whose appointment is so revoked. Provided that nothing in this Act, or in any other Law in force in this Colony, shall be construed to exclude any Returning Officer from being elected a Member for any District, except that for which he shall at such Election act as Returning Officer, provided he be not under any other disqualification. Provided, also, that nothing in this Act, or in any other Law in force in this Colony contained, shall prevent the Governor in Council from appointing the Regis- trar of Voters for the District to be the Returning Officer of such District. 560 [34 V'lCT.} Mection RepttaiwH^ (go. 15"/, j 2. ]Sroneof the persons hereinafter designated in this Section ^jy igff, shall in an^ case be appointed to act as Eettirning Officer, or as ' -!— ' Deputy Eeturning Officer, or as Election Clerk, or as Poll Clerk, L'^EZrniToffi-*'^ that is to say, neither — cere, &o. The Members of the Executive Council : 'Nov the Members of the Legislature : Nor any Minister of any Eeligious Denomination, whatever may be his rank, title, or designation : JTor the Judges of the Supreme Court. a. If any one of tbe persons mentioned in the preceding section Penalty on parties acts as Eetiiming Officer, or as Depiity Eeturning Officer, or as disqualified acting Election Clerk, or as Poll Clerk, he shall thereby incur a penalty ^° ^'^'^^' of one hundred dollars. 4. IS'one of the persons hereinafter mentioned in this section Persons exempted, shall be obliged to act as Eeturning Officer or Deputy Eeturning Officer, or as Election Clerk or Poll Clerk, that is to say^— Physicians and Surgeons : Postmasters : Or, persons being 60 years of age and upwards. 5. Every person appointed to act as Eeturning Officer who Penalty for refusing i^sides in the District foir which he has been appointed, or who *° ^®'^^^' has accepted the appointment of Eeturning Officer for any District, who refuses to perform the duty of Eeturning Officer in such District at any such Election as aforesaid, after having received the "Writ of Election, shall for such refusal incur a penalty of one hundred dollars, such person not being disqualified as .aforesaid, and not being incapacitated by sickness or by being a Candidate at such Election, or if, having a right to claim the exemption granted by the next preceding section, has not in fact claimed such exemption immediately after such appointment has been conferred upon him. 6. "Whenever a "Writ of Election is issued for the Election of a write of Election to Member to serve in the Legislature of this Colony, the same shall J'« addressed to Re- , ,, ° ■' ' turning Officers, and be addressed and directed to the Eeturning Officer for the Electoral Return day to be District so appointed as aforesaid, and in every such writ shall be ™«°tio°ed therein, mentioned the day on which such writ shall be returnable. 7. The Writs of Election shall be in the following form : — p^^,^ ^^ ^^.^ ^^ "Victoria, by the Grace of God of the "LFnited Kingdom of Great Election. Britain and Ireland, and of the Colonies and Dependencies •■ thereof, in Europe, Asia, Africa, America, and Australasia, Queen Defender of the Faith. _ " To the Returning Officer of the Electoral District of " Whereas \here mention briefly the occasion requiring the JEleciion.'] 'We therefore command you, firmly enjoining that having first made proclamation in the said Electoral 561 "[^■o. 157.1 Mection MeguMon. [34 Vict.] A.D. 1871. District of immediately after the receipt of this Our "Writ, and thereby notified (giving not less than eight days' notice thereof) a day and place for electing a Member to serve for the said Electoral District of , yon cause on the said day and place a Member of the Legislative Coun- cil, the most fit and discreet, to be freely and indifferently chosen to represent the said Electoral District of in Our Legislative Council, by those present at the day of Election, to be fixed by such Proclamation as aforesaid, and the name of such Member so chosen you cause to be returned by your certificate, annexed to this Our "Writ, and cause the person so chosen as aforesaid to come to the said Legislative Coun- cil, so that the said Member may have Ml and sufficient power for himself and the commonalty of the said Electoral District of , severally from them to do and consent to those things which then and there, by the favor of God, shall happen to be ordained by the Common Council of Our said Colony upon the said affairs, so that for default of such powers, or through improvident Election of such Member, the said affairs remain not undone in any way, and that you certify, on or before- the day of , unto us in to Our Supreme Court, at the City of Victoria, the Election so made, distinctly and openly, under your seal, duly en- dorsed upon this Our "Writ. "In testimony whereof "We have caused these Our Letters to be made Patent under the Great Seal of Our said Colony of British Columbia. Witness at Our Government House, at Victoria, the day of , in the year of Our Lord one thousand eight hundred and "By Command. "A B., "Registrar of the Supreme Court." Governor in Council 8. It shall be lawful for the Governor in Council, from time to for'^nominition ^aTd *™®' *° appoi^t by proclamation the place for the nomination of additional polling Candidates in each Electoral District, and to appoint any additional Biectiona."'"' *^ * polling placcs witMu any Electoral District,, or within any Polling Division of any Electoral District, for the purpose of taking the poll at any contested Election. Returning Officer to 9. Each Returning Officer shall on receiving the Writ of Electidli of receipt. " * ® forthwith endorse thereon the date of his so receiving it, in the fol- lowing terms : — lie within "Writ on the " Returning Officer." Form of endorse- " Received the within "Writ on the day of 18 ment ; "A B., 662 [34 VioT.] Meciion Itegvhiiofi. [So. 157.J And immediately after his so receiving such Writ as aforesaid, he a.D. 1871. shall, by a Proclamation under his hand, state the place, day, and . • /~r—^ „ y , , .,, ■ 1 1 1 T 1 -ni . -^-"^ shall by Pro- hour at which he will proceed to hold the Election. ciamation state 10. The Proclamation shall be in the following form : — of Election. " British Columbia. ' ^°"^ °^ Prociamai- tion. "Proclamation. "Mectoral Disiriet of •» " TO WIT. ~ ■/ "Public notice is hereby given to the Electors of the District of that, in obedience to Her Majesty's "Writ to me directed, and bearing date the day of , in the year of Our Lord one thousand eight hun- dred and , I require the presence of the said Electors at [this micst be the place fixed by the Goverfior in Coun- cUfor the nomination of Candidates], on the day of at o'clock in the noon, for the purpose of electing a person [or persons, as the case may be] to represent them in the Legislature of this Colony; and that in case a poll be demanded and allowed ,in the manner by law prescribed, such poll will be opened on the day of , at [here mention the different places at which a poll is to be opened and kept], of all which every person is hereby required to take notice and govern himself accordingly. " Given under my hand at the day of 18 . " (Signature) A. £., "Returning Officer." 11. The Returning Officer shall cause the said Proclamation to Returning Officer to be posted up on the outside of the outer door of the principal Court ti^'aUeast'e^giit' House in his District, and in such other public place or places in days before the nom- 1 • -rv. • T ■ -r-k 11. -r-k- ■ • <• 1 • TN- • mation day. nis District, and m every Polling Division of his District as may be used for the purpose of publishing notices under the provisions of " The Qualification and Registration of Voters' Act, 1871," at least eight days before the day which by such Proclamation he has fixed for holding the said Election, which day so fixed shall be called the "Fomination Day." 12. In and by the Proclamation aforesaid, the Returning Officer Returning Officer in shall also fix the dav on which, in case a poll be demanded and Proclamation to fi* ■' ' ^ polling day. granted as hereinafter provided, such poll shall be opened in con- formity to this Act, in his Electoral District, or in each Polling Division of his District (as the case may be), for taking and record- ing the votes of the Electors according to Law. 13. If, in any case, it happens that there is no place at which. Returning Officer binder the provisions ot this Act, the poll ought to be held, then "laLT^eS""® the Returning Officer shall himself appoint the place or places in cases.' his District, or in each Polling Division of his District, selecting 563 ^0, xm Meciion Hegutation. [34 Vict.] A.D. 1871. How the eight to be reckoned. Penalty on Return- ing Officer refusing or neglecting to pub- lish Proclamation. Election not to be invalidated by im- perfect publication. Bucli g,B he deems most centcf!.! and convenient for the majorily of the El^Qtprs. 14. Neither the day of nomination, nor that of the publishing of such Proclamation, shall be included within the said eight daye. 15. Any Returning Officer refusing or neglecting to . cause such Proclamation to be published as herein required shall, for such neglect or refusal, incur a penalty of one hundred dollars; but no Election shall be invalidated by reason that it shall not have been affixed in every place, and for the fiiU time hereinbefore required for the publication thereof. Eeturning Officer to make declaration. Form. 16. Each Eeturning Officer shall, before the nomination day^ make the following declaration, in the presence" of at least two of the Electors of the District, who shall attach their signatures to such declaration as witnesses, and shall annex the same to his Return to the Writ of Election: — " I, the undersigned Eeturning Qfficer for the Electoral District of , do solemnly declare that I will act faithfully in the capacity of Eeturning Officer, without partiality, fear, favour, or aflection. "Dated, this day of 18 . « (Signature) A. B., " Witnesses : " Eeturning Officer." Penalty ou|omi3sion. And any Eeturning Officer who omits or neglects to make and subscribe the said declaration, or to annex it to his Eeturn, shall for such omission or defeult incur a penalty of fifty dollars. Returning Officer to 17. Each Eeturning Officer shall, before the nomination day, appomt an Election appoint, by a Commission under his hand, a fit person to be his Election Clerk, and to assist him in the performance of his duties as Eeturning Officer; and such Commission may be in the follow- ing form r — " To E. F. [set forth his name, profession, trade or calling, and residence.'] " Know you, that in my capacity of Eeturning Officer for the Electoral District of , I have appointed and do hereby appoint you to be Election Clerk, to act in that capacity, according to Law, at the approaching Election for this District. " Given under my hand, at month of , in the year " (Signature) Form of CommiS' si&n. , this day of the Election Clerk to take an oath of office. A.B., " Eeturning Officer." 18. Such Election Clerk shall take and subscribe, either before some Justice of the Peace for the District in which he resides, or before the said Eeturning Officer, the following oath; and the 664 [34 Vict.] Medion Jiegutatim. [Ko, 157.] Justice of the Peace, or Returning Officer, before whom such oath ^ d 137 1 ia taken, shall subacribe his name theretp, in the foUo^sying form: - — «I, the undersigned M F., appointed Election Clerk for the Form. Electoral District of , do solemnly swear (or if he be one Ot the persons permitted by Law to affirm, do solemnly affirm) that I will act faithfully in my said capacity as Elec- tion Clerk, and also in that of Returning Officer, if required to act as such, according to Law, without partiality, fear, favour, or affection. So help me God. "(Signature) E. F., "Election Clerk." " Sworn before me, this 1 day of 18 . / " Q. E., 3. P., " or Returning Officer." 19. Any person so wpointjed as Election Clerk who refuses to „ i* , .^ jv. ,' 1 . ±"8118117 on persons accept the said office, or, who having accepted such office, refuses refusing to perform or neglects jto take and subscribe the said oath hereby above re-.^ath!"*'^' "' ^^^^ quired of him, shall for such refusal or neglect incur a penalty of twenty-five dollars. 20. The Returning Officer may, either before or after the nomi- Another Election nation day, appoint, in the manner above mentioned, another per- ^i^'*^ '"''? *>« *P- , . 4^1 • /-ii 1 1 1 . . 1 ■■ pointed in certain son as his JLlection Clerk, whensoever the case requires, either by cases, reason of the death, illness, or absence of any Election Clerk previ- ously appointed, or of his refusal or neglect to act, or otherwise ; and such new Election Clerk, so appointed, shall perform all the duties and comply with all the obligations of his office, under the same penalty, in case of^efusal or neglect on his part, as is herein- ' before imposed in like cases. 21. Whenever any Returning Officer becomes unable to perform ^^^ ^^ ^j^ . the duties of his office, whether by death, illness, absence, or other- oierk in case the wise, the Election Clerk so by him appointed as aforesaid shall, nnabie'"to perform^ under the same penalties, in case of refusal or neglect on his part, *^ duties of his as are' hereinbefore imposed in like cases on the Returning Officer, act as and shall be Returning Officer for the said Election, and shall perform all the duties and obligations oi that office, in like manner as if he had been duly appointed Returning Officer, and without being required to possess any other qualification, or to take any new oath for that purpose; and in any such case the.Election Clerk ^^^.^ ^^ ^^ annexed shall annex to his Return to the "Writ of Election the said oath so to Eetum in such cases. taken by him as aforesaid as Election Clerk. 22. Every Returning • Officer shall at the time and place stated pj,pggg3;jjgg ^^ b^, by him in the Proclamation hereinbefore mentioned, proceed to turning Officer on '' -,.11 nomination day. the hustings (which shall be held m the open air, at such place as that all the Electors may have free access thereto), and shall there make or cause to be made, in the presence of the Electors there 565 [No. 157.] Election HegulaUofi. [34 TiCT.] A.D. 1871. Form of Proclama- tion. If no poll be de- manded. assembled at the hustings, the following Proclamation; and shall then and there read or cause to be read publicly the 'Writ of Election; and shall then require the Electors there present to name the person or persons whom they wish to choose at the said Elec- tion to represent them in the said Legislative Council, in obedience to the said "Writ of Election : — "Oyez! Oyez! Oyez! " All persons are commanded and strictly enjoined to keep silence while Her Majesty's Writ for the present Election is publicly read." 23. If the Candidates, or their respective agents, and the Ejectors then and there present, upon a show of hands, agree in the choice to be so made of the person or persons to represent the said Electors as aforesaid; and if, after such show of hands, a poll be not demanded in the manner hereinafter mentioned, the Eeturning Officer shall forthwith close the Election, and shall then and there openly proclaim the person or persons so chosen to be duly elected a Member or Members, to represent in the Legislature the Electoral District for which such Election is had. Any Elector, Candi- 24. Any Elector present, or any Candidate, either in person or date, or Agent may , , . , , ■, n demand a poll. by his agent may demand a poll. 25. If a poll be demanded then the Eeturning Officer shall grant such poll for taking and recording the Votes of the Electors in the manner hereinafter prescribed; and when at any such Election a poll is demanded as aforesaid, if the Returning* Officer refuses or neglects to grant the same, the Election shall be ipso facto null, and such Returning Officer shall for such refusal or neglect incur a penalty of five hundred dollars. Agent authorized in 26. Any person authorized in writing may act as agent of a OandWa^?^ *° °^ Candidate during the continuance of the Election. 27. At any Election as aforesaid, in the absence of any person authorized in writing to act as agent for any absent Candidate, any Elector in the interest of such Candidate may, at any time during the Election, declare himself to be and may act as the agent of any such Candidate, without producing any special authority in writing for that purpose. No paid Agent, At- 28. Any person who at»any time, either during the Election, or torney, ConnBei, &c. before the Election, is employed at such Election, or in reference of any Candidate 1o j r j > vote at the Election, thereto, or for the purpose of forwarding the same by any Candi- date, or by any person whomsoever, as Counsel, Agent, Attorney, or Clerk at any polling place at such Election, or in any other capacity whatever, and who has received or expects to receive, either before, during, or after the said Election, from any Candi- date, or from any person whomsoever, for acting in any such capacity as aforesaid, any sum of money, fee, office, place, or em- 666 If a poll be de- manded; Penalty for not granting. Provision as to Agent of absept Candidate. [S4 Vict.] Mection Megutatiort^ PfTo. 157.] ployment, or any promise, pledge, or security whatsoever, for any j^d_ jg^i, sum of money, fee, office, place, or employment, 'shall be incom- — petent to vote at such Election, and his vote, if given, shall be null and void; and such person shall further incur, for having so voted. Penalty for so doing a penalty of fifty dollars. 29. Any Candidate before he shall be capable of being elected, candidate to make shall, if required by any other Candidate, or by any Elector, or declaration, if by the Returning Officer, make the following Declaration: — "I, A. B., do hereby most solemnly and sincerely declare that I Form, am duly registered on the Eegister of Voters for the Electoral District of for this year, and that T have resided in this Colony for the space of Twelve Months, and that I am not, to the best of my belief, in any way disqualified for Election. "Dated this day of 18 ''A. B. "Taken and acknowledged before me \ this ■ day of 18 . J "CD., J. P. "or Eeturning Officer." 30. If any such person shall knowingly and wilfully make a false False declaration a declaration he shall be deemed to be guilty of a misdemeanor, and "nisdemeanor. being thereof lawfully convicted, shall suffer the like pains and penalties as by Law are incurred by persons guilty of wilful and corrupt peijurj, in the place in which such false declaration shall have been made. 31. Any person may, with a view to his becoming a Candidate Declaration may be at any Election of a Member of the Legislature make at any time, voluntarily made, after the date of the Writ of Election, voluntarily and without waiting to be required so to do, the declaration lastly hereinbefore mentioned ; and any such declaration so made voluntarily as afore- said, shall to all intents and purposes have the same force and effect as if it had been made after his being thereunto required according to Law. 32. 'So such declaration, when any Candidate is required to make in what casea only thesam^ebyany other Candidate, or by any Elector, or by the c^S^ed^upoTt'lk! Eeturning Officer, in the manner hereinbefore provided, need be so declaration, made by such Candidate, unless the same has been personally re- quired of him on or before the day of nomination of Candidates at such Election, and before a poll has been granted, and unless he has not already made the same voluntarily as hereinbefore provided, and not in any other case; and when any such declaration has been 80 required according to Law, the Candidate called upon to make the same, may do so at any time during such Election ; provided it At what time it may be made before the Proclamation to be made by the Returning ^^°'^^*''^"'i"''*^" Officer at the close of the Election of the person or persons elected at such Election. 567 tHo. 157.] Meciion Megutalioit. [34 Vict.] A.D. \mi. Before whom it may be made, and how attested. Returning Officer to certify the delivery to him of the decla- ration under a pen- alty of $200. What shall be deem- ed the date of any such declaration, and who may deliver it, to the Returning • Officer. Day of opening the poll to be proclaim, ed from the hust- ings. Poll not to be held on certain da^s. To be same day for each division of a District. At what polling place each Elector shall vote. 33. When sucli declaration is so made by any Candidate, whether volantarily oi in consequence Of his being thereunto so requifed as aforesaid, it shall be inade either before the Returning Officer or before, some Justice of the Peace, and such Retifrning Officer or Justice of the Peace shall take the same, and shall attest it by w'riting at the foot thereof the words " Taken and acknowledged before me," or other words to the like efiect, and by dating and signing such attestation. 34. Any Candidate who delivers or causes to be delivered such declaration so maide and attested to" the Returning Officer, at any time before the proclamation made by him at the closing of the Election as hereinbefore mentioned, shall be deemed to have com- plied with the law to all intents and purposes as regards such declaration ; and any Returning Officer thereunto so required, shall be bound under a penalty of two hundred dollars, in case of refusal to give forthwith after such declaration is delivered to him, to the Candidate or other person who has delivered the same, an acknowledgraent under his hand of the delivery of such declaration ; and every such declaration shall, for all the purposes of such Election, be deemed, to have been made on the day on which it has been so delivered to the Returning Officer, either by the Candidate or by any person on his behalf, whatever be the date of its receipt Or of its attestation ; and the possession of such declaration shall be prima facie evidence of the possessor having been authorized by the Candidate to deliver it to the Returing Officer. 35. When at any Election for any Electoral District, a poll has been granted, the Returning Officer, immediately after having granted such poll,, and before adjourning his proceedings, shall publicly proclaim from the hustings the day previously stated in his first proclamation, and the place or places at which the poll shall be so opened in his District, or in each Polling Division of his District (as the case may be) for the purpose of then and there taking and recording the votes of the Electors according to law. 36. The day to be proclaimed by the Returning Officer for open- ing the poll, shall not be a Sunday, Good Eriday, or Christmas Day. Such day shall be the same for each division of a District, and the poll shall be opened and held in all places in such District on that day only. 37. At each Election, the Electors shall vote at the polling place so opened and kept in the Polling Division (if any) within the limits whereof the property shall lie upon which they shall respec- tively claim the right of voting at such Election, and where they have been registered, and not at any other polling place ; and if any Elector votes at any other polling place, he shall thereby incur a penalty of twenty-five dollars, and his vote, if given, shall be null and void. 668 [34 Vict.] Meetion Regulation. pvfo. 157.1 38. No person shall vote in more than one poUfii^ place in any ^j)^ 1871. District, though he shall be possfesBed of distinct qualifications in "^ — several Polling Divisions of such District; and if any Elector shall mor^"han onrpoii- vote at more than one polling place in any one Electoral District, i"epia=e. he shall thereby incur a penalty of fifty dollars, and all the votes Ps"*"?-] given by him shall be null and void. 39. The poll shall be held, if demanded, if possible, within fdur- PoU to be held, if teen days after the nomination day| at every poll, the voting shall ^^^^^fl^T^'mmi^t commence at eight o'clock in the forenoon, and shall finally close tiou day, between 8 . at four o'clock in the afternoon of the' same day, unless adjourned, *'™' ^' as hereinafter provided, by reason of riot Or other iTiterrUption; and every Elector may vote for any number of Candidates not exceeding the number of Members then to be chosen. 40. The Eeturning Officer shall cause rooms to be hired (if neces- Returning Officer sary) at every polling place within his District, in accordance with ^^^ ''"^ rooms, the instructions (if any) received by him from the Governor in Council. 41. Such rooms may be divided into compartments, and if so if divided into com- divided, there shall be affixed over the entrance of each compart- compartmenta'^to be ment certain letters (the entire letters of the alphabet being divided alphabetically ar- 8,ecDrding to the number of compartments of the polling place), and '^°^* no Elector shall be permitted to poll in any ^compartment, unless his surname shall commence with one of the letters which shall be so fixed over the entrance of such compartment. 42. The Eeturning Officer shall preside at the principal polling Returning Officer to place in his District where the nomination of Candidates has been preside at principal held (or at the nearest polling place thereto), and the Election Clerk shall act as Poll Clerk (or one of the Poll Clerks) at such principal polling place, and the polling book shall be made up as is hereinafter mentioned. 43. For the purpose of taking the votes at any such Election, the Returning Officer to Eeturning Officer shall, by a Commission under his hand, appoint appoint ;a Deputy. a Deputy Eeturning Officer for each Polling Division of a District, or for each separate polling place where such Eeturning Officer is himself personally unable to attend; and such Commission may be m the following form: — Bion. "To G. H. [insert his title and address.] Form of Oommis- "Know you that in my capacity of Eeturning Officer for the Electoral District of ,1 have appointed and do hereby appoint you to be Deputy Eeturning Officer [or one of the Deputy Returning Officers as the fact is] for the Elec- toral District of , [or for the Foiling Division of the District of ] to take and record the 569 [No. 157.] Mectiffn Hegidatim. t^* Vict.] A D 1871. ^^^^ °^ ^^^ Electors at , in the said District {or in the said Polling Division.'] " Given under my hand this day of 18 . "(Signature) A. B., "Returning Officer." Deputy Returning 44. Each Deputy Returning Officer shall, before acting as such, Officer to make subscribe the following Declaration, in the presence of not less than declaration. two Electors of the District, who shall attach their signatures to Buch Declaration as witnesses : — p^^^ «I, the undersigned G. H., appointed Deputy Returning Officer for the District of ' , do solemnly declare that I will act faithfully in my said capacity of Deputy Returning Officer, without partiality, fear, favor, or affection. "Dated this day of 18 "(Signature,) G. E., " Witnesses: "Deputy Returning Officer." "J. K. "S. M." Penalty on persons 45. Any person SO appointed a Deputy Returning Officer, who refusing to perform ygf^ggg ^q acccpt the said office, or who, after having accepted the the duty, or to make ^ ' ,,1.1.1 -jtv declaration. same, refuses or neglects either to take and subscribe the said Dec- laration hereby required of him, or to perform the duties of a Deputy Returning Officer, shall for such neglect or refusal incur a penalty of twenty-five dollars. Eeturning Officer 46. The Returning Officer may appoint, in the manner above may^ppoint another pj-Qyi^gd, another person to be Deputy Returning Officer, when and cases. SO often as the case may require such appointment, either by reason of the death, illness, or absence of a Deputy Returning Officer previously appointed, or by reason of his refusal or neglect to act in that capacity or otherwise; and such new Deputy Returning Officer so appointed shall perform all the duties and obligations of the said office, under the same penalties in case of refusal or neglect on his part as are hereinbefore imposed in like cases. Returning Officer fo 47. The Returning Officer shall, by a warrant under his hand, hTd*in'\hroif&c' a according to the requisition made to him in that behalf by such Returning Officer. 49. The Returning Officer for the principal polling place at which Returning Officer heipresides, in addition to the Election Clerk, and every Deputy and Deputy may ■or'. \^„. ■, ^>, .. 11-1 1 -i appoint Poll Clerk,. returning Officer may, by a Commission under his nana, appoint a by Commission. Poll Clerk or Poll Clerks to assist him in taking the poll according 571 [No. 157.] Election Megviaiim. t;34 Vict.] A.D. 1871. Oath to be taken. Form of Oommis- Biou. Form of oath. to Law, and each Poll Olerk appointed as aforesaid, sball before acting as Poll Clerk, take and subscribe, either before a Justice of the Peace for the District in which he resides, or before the Eeturn- ing Officer, or such Deputy Returning Officer, the oath hereinafter set forth,, which Commission may be in the following form : — "To J. K. [insert his profession, trade or eaVmg, and resMenee.'] "Know you, that in my capacity of Deputy Returning Officer \cr one of tM Dejputy Hetuming Officers, or Returning Officer i as the fad is] for , I have appointed and do hey€!by. appoint you to be Poll Clerk for " Given under my hand at this day of the month of , in the year "(Signature) G. H., "Returning Officer or Deputy Returning Officer." And which Oath may be as follows: — "I, the undersigned J. J., appointed Poll Clerk for in the of , do solemnly swear [or if he he one of the persons permitted by Law to affirm in civil cases, do solemnly affirm'], that I will act faithfully in my capacity of Poll Clerk, and also in that of Deputy Returning Officer, if required to act as such, according to Law, without partiality, fear, favour, or affection. So help me God. " Sworn before me this day of 18 " G JD.. "(Signature) J. J., 1 "Poll Clerk." J. P. Penalty on persons Duty of the Poll Clerk. "or Returning Officer or Deputy Returning Officer." 50. Any person so appointed a Poll Clerk, who refuses to accept the"dutr'or^rtake *^® ^^^^ office, or who, aifter having accepted the same, refuses or the oath. neglects either to take and subscribe the oath hereby required of him, or to perform the duties of a Poll Clerk, or any Election Clerk who neglects or refuses to pertorm the duties of a Poll Clerk, shall for such neglect or refusal incur a penalty of twenty-five dollars. 51. Each Poll Clerk shall at the polling place for which he is appointed, aid and assist in the performance of the duties of his office the Returning Officer or Deputy Returning Officer ap- pointed to open and keep the poll at such place in conformity to this Act, and shall obey the orders of the said Returning Officer or Deputy Returning Officer. 52. If the Deputy Returning Officer refuses or neglects to per- form the duties of his office, or becomes unable to perform them, either by death, illness, absence, or otherwise^ and if in any such case no other Deputy Returning Officer duly appointed by the Returning Officer va. the place of the former appears at the polling place, theu such Poll Clerk, or if more than one the PoU Clerk who has first 572 To perform the duty of Deputy Eeturn- ing Officer in certain cases. [34 Vict.] JSleotwn Regulation. ^o. I57.J received Hb appointment shall (under the saftie penalties as are j^ jy Ig^j hereinbefore imposed io like eases on a Deputy Beturning Officer) act at such poll as Deputy Returning Officer, and perform all the duties and obligations of that office in the same manner as if he had been appointed Deputy Eeturning Officer by the Returning Officer, and without being bound to take any new oath for that purpose. 53. Whenever any Poll Clerk, in the case hereinbefore provided, in such case he may acts as Deputy Returning Officer, he may appoint, by a commission ^PP°^°t'"'ot'i«=^PoU under his hand, another person as Poll Clerk to aid and assist him as aforesaid in the performance of the duties of his office, and may administer to such person the oath hereinbefore required of a Poll Clerk, and the Poll Clerk so appointed shall have the same duties and obligations as if he had been appointed Poll Clerk by the Deputy Returning Officer himself, 54. Whenever any Poll Clerk, appointed under the requirements Returning Officer or of this Act, refuses or neglects to perform his duty as such, or '"'^ Deputy may ap- ° . -"^ •' ' point another Poll becomes unable to perform it, either by death, illness, absence, or oierk in certain other cause, the Returning Officer or Deputy Returning Officer "*^^^' whose Poll Clerk he was, may appoint, by a commission under his hand, another person as Clerk at the said polling place to aid and assist him as aforesaid in the duties of his office, and may adminis- ter to him the oath hereinbefore required of a Poll Clerk. 55. No Registrar or Collector of Voters, and no Deputy Return- No Registrar, Col- ing Officer, Election Clerk, or Poll Clerk shall be entitled to vote turn°ing offie'^, &c"., at any Election of a Member or Members of the Legislature in the f?*^^!?'! *« ^°'e ™ his District* Electoral District for which they are so respectively appointed as aforesaid ; and any vote given by any such person shall be null, and Penalty. he shall be liable to a penalty of fifty dollars. 56. Each Returning Officer and Deputy Returning Officer shall Each Returning Offl- write, in full, at the head of each page of the poll book used by him, eertify eadi%"age *o°f the number of such page, and certify the same by his signature as the Poll Book, follows : — " Page number one (or two, as the case may be), J.. 5. , Returning Officer or Deputy Returning Officer," and he shall certify in full words at the foot thereof (before entering any name or vote in the next succeeding page) the first and last name, and the total number of names entered thereon, and shall then sign the same, which certificate shall be to the efiect following: " I certify that the total number of names entered on this page as of Voters is , whereof the first name is C. J)., and the last name is JE. F. " Signed, A. B., " Returning Officer or Deputy Returning Officer." 67. Each Returning Officer or Deputy Returning Officer shall, at How votea to be re- the polling place kept by him in conformity to this Act, record, or corded. 573 l^o. 157.] Mection Begvlalim. [34 Vict.] A.D. 1871. cause to be recorded, in such poll book as aforesaid, and in the order in which they shall be given, the votes of the Electors voting at such polling place, by entering therein the name, surname, pro- fession, trade, or calling, and residence of each Elector so voting; As to Electors and when any Elector has taken the oath required of him by this sworn. ■' 1 J Act, the Returning Officer or Deputy Eeturning Officer shall state in the poll book that such oath was taken by the Elector, by enter- ing after the name of such Elector in the proper column of the said poll book, the word " sworn," and ngthing more. Votes objected to, 58. In every case where the vote of any person is objected to by guished in Poll"' ^'^y Candidate or his agent, the Returning Officer or Deputy Re- Book, turning Officer shall enter the objection in his poll book, by writing after the name of the Voter in the column for objections, the words " objected to" only, mentioning at the same time by which Candidate, or on behalf of what Candidate, the objection has been made, by adding after the words "objected to" the name only of such Candidate. • Persons on the He- 59. The Returning Officer, or Deputy Returning Officer, at any be^*aUowed°to"'ote election of a Member of the Legislature in any part of this Colony, on taking a certain shall receive the vote of any person whose name he finds in the oath, if required. -r. . . « .t ,■•■,-,■,• • i • • #. Register ot Voters furnished to him or in his possession as afore- said ; provided, that such person shall, if required by any Candi- date, or the Agent of any Candidate, or by the Returning Officer, or Deputy Returning Officer himself, take the following oath or affirmation, which such Deputy Returning Officer is hereby em- powered to administer: — Form of oath. "You Bwear (or solemnly affirm) that you are \name of the Voter as entered on the Register] whose name is entered on the copy Register of Voters now shewn to you (showing the copy Register to the Voter); that you have not before voted at this Election within this District, either at this or any other polling place; and that you have not received anything, nor has anything been promised to you, either directly or indi- rectly, in order to induce you to vote at this Election. So help you God." And no other oath or affirmation shall be required of any person whose name is entered on any Register of Voters as aforesaid. Eeturning Officer 60. When any Returning Officer, or Deputy Returning Officer, Tng Offi"eT must™" ^^^ ^^^^^'^ *o ^"^o^ °^ believe that" frauds and violence are being swear Voters in cer- practised, in violation of the rights of Electors, bv which undue tain cases. , j. i t -i JS ^ j votes are tendered, or that any Voter is not qualified, or has already voted at the said Election, and ofiers to vote again, or tenders his vote under a false name or designation, or personates, or represents himself falsely as being on the Register of Voters, such Returning Officer, or Deputy Returning Officer, shall administer the oath lastly hereinbefore mentioned to such Voter, whether he be required 574 [34 Vict.] Ulection Regulation. [Ko. 1S7.J to do 80 or not by any party, of which mention shall be made in ^ x) 187L the Poll Book. ' _ ' 61. If any Voter votes at any such Election, without having pre- Penalty for voting viously taken such oath or made such affirmation, when he has ^"e °reSa^ °**'' been thereunto required by one of the Candidates, or his Agent, such Voter shall incur a penalty ot fifty dollars. 62. When any such Voter has been so required by the Returning Refusal of Voter to Officer, or the Deputy Returning Officer, or by any of the Candi- oath to Ve'entered dates, or by the Agent of any Candidate, to take such oath or make °" po^i book, such affirmation, and refuses to take or make the same, his refusal shall be stated by the Returning Officer, or Deputy Returning Offi- cer, in his Poll Book, by entering after the name of such Voter the word " refused," arid in every such case the vote shall not be ^?*^ not to be . taken or recorded in the said Poll Book; and if any vote is in any be be nuU, and offi- such case taken and recorded, it shall be ipso facto null and void, penluy?""' * and the Returning Officer, or Deputy Returning Officer, shall, for having taken and recorded the same, or for having caused it to be taken and recorded in his said Poll Book, incur a penalty of fifty dollars. J 63. "Whenever any Elector does not understand the English Ian- Interpreter may be guage, the Returning Officer, or Deputy Returning Officer, may t'S^iTotorllln^ make use of an Interpreter to translate the oath or affirmation understand English. required of such Elector; and such Interpreter shall take before the said Returning Officer, or Deputy Returning Officer, the oath or (if he be one of the persons permitted by Law to affirm in civil cases) the affirmation following : — " I swear (or affirm) that I will faithfully translate such oaths. Oath, declarations, and affirmations, as the Returning Officer, or Deputy Returning Officer, shall require me to translate at this Election. So help me God." 64. In case no such Interpreter can be found, such Elector shall if no interpreter not be permitted to vote, and an entry thereof shall be made in the ^^^"^"^ ''°' *° ^°*'' Poll Book. 65. The Returning Officer, or Deputy Returning Officer, shall, state ofthepou to at the close of the poll, certify under his signature on the said ^f^^^^'^^^'i ** ^^ Book, in full words, the true state of the votes at such close, to the effect following : — "I certify that the number of the votes polled at the close of the pgrm. poll at this polling place, is (the total number of votes polled) whereof G. H.,a Candidate has polled ; J. K., a Candi- dats has polled ; and i. M., a Candidate has polled (as -the case may be)." « (Signed) A. £., "Returning Officer, or Deputy Returning Officer." of which state of the votes he shall publish a certified copy, by to be published, 575 • tNo. 157.1 lElecticm Met/utation. [34 Vict.] A.D. 1871. 'Officers not to grant, mate, or enter into flin,y scrutiny. Punishment for falsely personating a, Voter on the Begister. Person voting may be required to sign his name. False signature forgery. Provision as to marksmen. Penalty for fraudu- lently conveying lands In order to give a vote ; but the conveyance shall be valid, any agreement to the contrary. posting the same in some conspicuous place, at such polling place, before leaving the polling place for that day. 66. No Eeturning Officer, or Deputy Eeturning Officer, shall grant, make, or enter into any scrutiny of the votes given at any Election. 67. If at the Election of a Member to serve in the Legislature any person knowihgly personates and falsely assumes to vote in the name of any other person whose name appears on the proper Register of Voters, whether such other person be living or deja,d, or if the name of the said othei* person be the name of a fictitious per- son, every such person shall be guilty of a misdemeanor, and on being convicted thereof, shall be liable to a fine not exceeding two hundred dollars, or to be imprison fed for a term not exceeding six months. 68. The Eeturning Officer or Depuiy Eeturning Officer shall, if he has reason to suspect that any person is personating, or at- tempting, or about to personate any Elector or deceased Elector, or if called. upon so to do by any Candidate, or the ?.gent of any Candidate, require such person to sign his name in a book to be kept for that purpose, and any person Signing or writing the name of any such Elector, not being his own name, shall be deemed guilty of forgery, and liable on conviction to be punished accord- ingly, and any person being so required whb, unless unable to write, shall decline or refusfe to sign his name shall on conviction forfeit a sum not exceeding fifty dollars. 69. K any person so required-as aforesaid to sign his name in such book as aforesaid shall allege that he is unable to write, the Eeturning Officer or Deputy Eeturning Officer shall himself write the name so given by such person in sucK book as aforesaid, and shall require such person to affix his mark thereto; and any person so affixing his mark to the name of any such Elector not being his own name shall be deemed guilty of forgery, and liable on convic- tion to be punished accordingly; and any such person being so required to affix his mark as aforesaid who shall decline or refuse to do so shall, on conviction, forfeit a sum not exceeding fifty dollars. 70. If any lands or tenements are transferred or conveyed to any person by any title or instrument whatsoever fraudulently, and for the purpose of giving him the qualification requisite to enable him to be registered as an Elector, and if such person votes at any Election upon such lands or tenements he shall incur a penalty |)f one hundred dollars ; and, nevertheless, Such transfer or convey- ance, notwithstanding any agreement to annul or revoke the same, or to reconvey such lands or tenements, shall be valid, and shall transfer such lands or tenements out of and from the person who • 576 [34 ViotJ Election Reguhtwit. [Ifo. 157.J has BO transferred or conveyed the same, and stall vest them in the ^ p i^nj person to whom they have been so transferred or conveyed to all — — intents and purposes whatsoever; and every such agreement to an- nul or revoke any such transfer or conveyance, or to reconvey sucb lands or tenements, whether such agreement has been made with the person so transferring or conveying, or with the person to whom such lands or tenements are so transferred or conveyed, or with any person or persons acting for them or on their behalf, shall be null and void to all intents and purposes whatsoever. 71. Every Poll Clerk shall, immediately after the closing of the oath to be made b^ poll at which he has acted as such, make and subscribe, either be- P°" ^^^^^ »* close fore a Justice of the Peace for the District in which he resides, or " before the said Deputy Returning Oflacer, or the Returning Officer himself, the following oath: — " I, the undersigned. Poll Clerk for , do solemnly porm of Oath, swear [or if he be one of the persons permitted [by Law to affirm in civil cases, do solemnly affirm] that the Poll Eook kept by me under the direction of the Returning Officer, [or of A. B., who has acted as Deputy Reluming Officer therein] has been so kept by me, under his direction as aforesaid, correctly, and to the best of my skill and judgment; and that the total number of Voters polled in such Poll Book is the number of , whereof C. D., a Candidate, has polled votes; L. F., a Candidate, has polled votes, (and so on, as the case may be); and that to the best of my knowledge and belief it contains a true and exact record of the votes given as the said votes \Fere taken at the said Poll by the said Returning Officer, or Deputy Returning Officer. "(Signature) J. J., "Poll Clerk- " Sworn [or affirmed] and subscribed before me, at this day of the month of in the year "(Signature) X F., "Justice of the Peace, "or, T. v., " Returning Officer, " or, A. B., "Deputy Returning Officer." Which oath shall thereafter be annexed to the said Poll Book. r^^ ^^ annessi t<» 72. Each Deputy Returning Officer shall, before returning the Deputy Ee'tuminK Poll Book to the Returning Officer, make and subscribe a declara- Officer to make de- tion, in the presence of at least two Electors,, which declaration shall be in the following form : — "I, the undersigned. Deputy Returning Officer [or one of the ^^^^ Deputy Betuming Officers, as the case may be] for of do hereby declare that to the best of my knowledge and 5TT ■pr®. 157.] JElection Begulation. [34 YicT.] A.D. 1871. "belief the toll Book [or Poll Books] kept at this polling place under my direction, hath been so kept correctly, and that the total number of votes polled in such Poll Book [or Poll JBooks] is the number of , whereof C. D., a Candidate, has polled votes; E. F., a Candidate, has polled votes, [and^ so on, as the case may 6e] ; and that to the best of my knowledge and belief it contains for they contam] a true and correct record of the votes given at this polling place, as the said votes were taken. "(Signature) A. P., ''Deputy Returning Officer. , the day of the month of , " Declared at in the year "(Signature) S. M., "Deputy Returning Officer. To be annexed to Poll Book. Penalties for neg- lect, &c. "Witnesses: " 0. P., " Q. R." And such declaration shall thereafter be annexed to the said Poll Book, and the Deputy Returning Officer shall then, immediately, return the Poll Book to the Returning Officer. 73. Any Deputy Returning Offiucer, or Poll Clerk, who refuses or neglects to perform such obligations or formalities as lastly herein- before mentioned, shaE for each such refusal or neglect incur the penalty hereinafter mentioned, that is to eay, any Deputy Return- ing Officer a penalty of one hundred dollars, and any Poll Clerk a penalty of fifty dollars. Poll Book to be de- 74. The Deputy Returning Officer shall deliver the said Poll iJTperson^toRTturn- ^°°^ personally, to the Returning Officer, and if he is unable to ing Officer in person do BO by sickness. Or Otherwise, he shall deliver such Poll Book, sickness, &c. under a sealed cover, to a person chosen by him, and shall mention on the outside of such cover the name of the person to whom it has been delivered under a sealed cover, to be so transmitted, and shall take a proper receipt therefor ; and any Deputy Returning Officer failing therein, and any person having taken charge of the Poll Book, and failing to deliver the same so covered and sealed, in the same state in which he received it, in due time and manner, shall be guilly of a misdemeanor, and shall incur a penalty not exceed- ing fifty dollars, or be imiprisoned for a term of not more than one year, or be punished by imprisonment and fine together. Proceedings in case '^^' ^^^^re the proceedings at any Election shall be interrupted of riot, Tioience, &o. or obstructed by any riot or open violence, whether such proceed- ings shall consist of the nomination of Candidates, or of the taking the Poll, the Presiding, Returning, or Deputy Returning Officer, or Poll Clerk, shall not for such cause terminate Ihe business of euch nomination, or finally close the poll, but shall adjourn the 578 Penalty for neglect. [34 Vict.] MecUon Regutatim. fMo. ISl-l nomination, or the taking the poll at the particular polling plaefe* j^^ j). 18^;- ' at which such interruption or obstruction shall have happened to -' — lie following day; and if necessary shall further adjourn ffuclr nomination, or poll, as the case may be, until such interruption or obstruction shall have ceased, when the Eeturning Officer, or Deputy Eeturning Officer, shall again proceed with the business of tb^nominationj or with the taking of the poll, as the case may be, 'at me place at which the same may respectively have been inter- rupted or obstructed; and the day on which the business of the nomination shall be concluded, shall be deemed to have been the day fixed for the nomination, and the commencement of the poll shall, if practicable, be put off for an equal number of days for which any such nomination may have been adjourned; and any day whereto the poll shall have been so put off or adjourned shall, as to such place or places, be reckoned the day of polling at such Election, within the meaning of this Act. Provided, that no adjournment shall be made to any day beyond that named as the return day in the Writ; and if the Election shall not have been completed by that day, the Eeturning Officer shall specially return that fact; and where any such poll shall have been adjourned by the Deputy of any Eeturning Officer, he shall forthwith give notice of such adjournment to the Eeturning Officer, who shall not finally declare the state of the poll, or the name or names of the Member or Mem- bers chosen, until the poll so adjourned as aforesaid shall have been finally closed. 76. Within seven days after the day of polling, on a day and Proceedings on the hour to be appointed by the Eeturning Officer, he shall proceed to **? appointed for r, , ,. , , . . , ,-, V . . n. closing the Election, the same place at which the nomination was held, first giving public notice thereof at the close of the poll on the polling day, by openly proclaiming such day and hour, and he shall then and there pro- ceed to ascertain the state of the general poll at the Election, by counting and adding up from each Poll Book the total number of oonnting the rotes, ' votes taken and recorded at the Election in all the polling places in such Electoral District for which the Election has been had; and as soon as he has so ascertained the total number of votes, he shall then and there openly proclaim, as being duly elected a Member or Members to represent such Electoral District in the Legislature, pers'on'eiected? the person or persons having the greatest number of the votes so counted and added up ; but the Eeturning Officer shall not in any case 'proclaim any such person or persons duly elected, unless all the Poll Books have been returned to him by all his Deputy Returning Officers; and in the event of the number of votes being jf-^g^gg g^^a^,^ gg, found to have been equal for any two or more Candidates, one or' turning Officer to a , , ,, „ , ^ 1. 1 , 1 • 1 ii J. i. have casting vote, more of whom, but not all of such Candidates being by the state of the poll and the number of Members to be elected entitled to be Ijfleclared elected, such Eeturning Officer shall, by a casting vote or votes, as the case may be, and whether he be an Elector for such 5'?9 ■pS'd. IS?.] Meciion Begutation. [34 Vict.] A.D. 1871. District or Division, or not, decide which of the Candidates, for -" — whom the votes may be equal, shall be elected. Provided, that no Returning Officer shall vote at any Election for the Electoral Dis- trict or Division of which he is the Returning Officer, except in the case of an equality of votes as atoresaid. Proceedings to be 77. If it happens that one or more of the Poll Books have not adjourned if Poll |jggji returned by the Deputy Returning Officer or Officers, audit Books not returned. •'• ■, -n • r^n' IS consequently impossible for the Returning Officer to ascertain the total number of votes as required by the next preceding section, then such Returning Officer, instead of proceeding to examine the Poll Books which have been previously returned to him, shall again adjourn the proceedings of the Election to the following day, and so from day to day, until all the said P(5ll Books have been returned to him. Reason of. adjourn- 78. In proclaiming such adjournment, he shall publicly assign the ffient to be proclaim- reason thereof, and shall in no case continue the said adjournment to so late a day as to prevent his returning the Writ of Election on the day appointed for that purpose ; and he shall in no case ad- journ such proceedings to a Sunday, or to any of the holidays here- inbefore mentioned; but if the case occurs, he shall adjourn the proceedings to the day next after such Sunday or holiday. Proceedings in case 79. In case any Poll Book is stolen, or taken from its lawful stolen ''"ost°°or'de- P^^°® of deposit for the time being, or has been lost or destroyed, Btroyed. or otherwise placed beyond the reach of the Deputy Returning Officer, to whom the custody ol such Poll Book for the time being belonged, at any time before he has made his return of the same to the Returning 0:^cer, such Deputy Returning Officer shall attend personally on the Returning Officer, and report to him the fact of such loss of the said Poll Book, and the Poll Clerk of such Deputy Returning Officer, so soon as he is informed of such loss personally, or by letter, either by or from such Deputy Returning Officer, or the Returning Officer himself, or has other good reasons for be- lieving that such loss has occurred, shall forthwith attend per- sonally on such Returning Officer. Examination of De- 80. The Returning Officer shall examine such Deputy Returning cer^andPoU c!e?f " ^^^^^ ^""^ ^o^l *^l®rk upon oath or affirmation, as the occasion may require, as to such loss of the said Poll Book and the contents thereof, which examination shall be taken down by him in writing, and be subscribed by such Deputy Returning Officer and Poll Clerk, and annexed to the Return in lieu of such Poll Book; and the number of votes which the said Returning Officer shall by this means find in each such Poll Book for each Candidate at such Elec- tion, shall be included in his summing up of the votes for such Elec- tion, as if the same had been taken from such Poll Book. Punishment of De- 81. If either the Deputy Returning Officer or the Poll Clerk omits cer*or^PoU crefki?-" ''° '"^^^^^^ ^n such Returning Officer as hereby required, or refuses 680 [34 ViOT.] Election Meguiatiori. [No. 157.] to be sworn or affirmed by sucb Eeturning Officer aa aforesaid, he ^jj 157 1_ shall be subject to a penalty of two hundred dollars; and in the . case of such refusal to be sworn or affirraed as aforesaid, shall and be sworn, may be committed by the«said Returning Officer to the common gaol, until thence discharged by an order in that behalf made by the Legislative Council. '% 82. When the Returning Officer, having received any Poll Book Duty of Returning or any document connected with the Election, has reason to believe EUction^documeSs that the same has been altered, injured, or obliterated, or that ad- to be altered, &c. ditions have been made thereto, he shall adjourn the proceedings and establish the true facts in the manner above provided in the case of the loss ot any Poll Book. 83. As soon as the state of the poll is proclaimed (or if no poll is Returning Officer to demanded on the nomination day) at the close of the proceedings, certify names of per- the -Returning Officer shall make out a Certificate, under his hand and seal, naming the person or persons elected as Member or Mem- bers as aforesaid, which Certificate shall be appended to the "Writ of Election, and shall be returned with the "Writ to the office of the ' Registrar of the Supreme Court; but no person shall be named in such Certificate who has been publicly required in manner aforesaid to make a declaration of his qualification prior to the proclamation of the state of the poll, and has declined, or refused, or omitted so to do. 84. The Certificate shall be as follows : — Porm of Certificate. "I do hereby certify, that in obedience to the annexed "Writ of Election to me directed, I have caused an Election to take place within the Electoral District of , and that the Electors of the said District have chosen to represent the said District in the Legislative Council. "Dated, this day of 18 . "(Signature) A. B., "Returning Officer, " Electoral District of ." (E^} 85. The Returning Officer (if required so to do) shall also give to Eetuming Officer to each Candidate so elected, a Certificate in the following form :— furnish Candidate ' '^ with a Certificate of "I do hereby certify that, in obedience to the "Writ of Election ^^^ election, to me directed, I have caused an Election to take place °'^™' within the Electoral District of , and that the Electors of the said District have chosen you to represent the said District as a Member [or one of the Members] for the said District in the Legislative Council. "Dated, this day of 18 . "(Signature) A. B., " Returning Officer. "To 581 [No. 157.] Mection BegutaUon. [34 Vict.] A.D. 1871. Returning OflScer to have copies of Poll Books made, and deposit same with Registrar of Voters. To be open to in- spection. Fee. Original Poll Books and Writ to he re- turned to Registrar of Supreme Court. Their effect as evi- dence. Also copies of Regis- ter of Voters used at Elections. Delay or technical objections not to invalidate proceed- ings. Eeturning OfiBcer arid his Deputies to be Conservators of the Peace during a certain time. They may require the aid of Justices of the Peace, Oon- &6.t and 86. Each Returning Officer shall make, or caused to be made, exact copies of all the Poll Books as well those kept under his own superintendence as those returned to him by his several Deputies, and within ten days after the cldsing of the Election shall deposit such copies, duly certified by hini, in the office of the Re- gistrar of Voters of the District; and the said Registrar shall allow inspection thereof to any person who may demand the same, on payment of a fee of one dollar, and shall allow such person to take a copy of the same at his own expense. 87. The Returning Officer shall also then transmit the originals of the said Poll Books with the "Writ of Election, and his return thereupon, to the Registrar of the Supreme Court immediately after the closing of the Election, and the said original Poll Books with the declarations, affidavits, and certificates hereinbefore re- quired, shall in all cases be prima facie evidence of the truth of the allegations therein contained. 88. The Returning Officer shall forward to the Registrar of the Supreipe Court with his return to the Writ of Election, copies of the Register" of Voters used at that Election duly certified as such by him. 89. IsTo Election shajl be held to be void in consequence of there being no Returning Officer at the time of the issue of the "Writ o£ Election, or in consequence of any delay in the holding of the Election at the time appointed, or in taking the poll, or in the return of the Writ, such delay not extending beyond the day named for the return of the Writ, or in consequence of any impediments of a technical or formal nature; and it shall be lawful for the Go- vernor in Council to cause to be adopted such measures as may he necessary for removing any obstacle or the doing of or the omission to do any act of a technical or formal nature, by which, orthe want of which, the due course of any Election may be impeded. Provi- ded that the measures so taken as aforesaid shall be forthwith declared by the Governor, by a Proclamation to be for that purpose published in the Government Gazette. 90> From the time when any Returning Officer has received the Writ of Election, pr Deputy Returning Officer has taken and sub- scribed the oath of office as such, until the day next after the final closing of such Election, such Returning Officer or Deputy Return- ing Officer respectively shall be a Conservator of the Peace, and invested, for the maintenance of the peace, for the arrest,, detention, or admission to bail, trial, and conviction of any person or persons who break the law or trouble the peace, with the same powers with which Justices of the Peace are invested in this Colony. 91. And for the maintenance of peace and of good order at such Election each Returning Officer or Deputy Returning Officer respectively may require the assistance of all Justices of the Peace, 58a [34 Vict.] Mection Regutaiim. [ITo. 157.] ' Constables, and other persons present at the Eiection, whether at j^jf jgji the hustings or at any polling place, to aid him in so doing, and may also swear in so many Special Constables as he deems neces- cTnstabiea.'^^''"' sary. Provided, that no Special Constable so sworn in as aforesaid shall be debarred from voting at such Election. 92. And each such Eeturning Officer or Deputy Eeturning Officer May arrest disturb- respectively may arrest, or cause to be arrested by verbal order, ani ^^^' <"■ °'^^^^ ''V'™ may place in the custody of one or more Constables or other per- certain time, sons, for such time as in his discretion he deeifls expedienf, any person disturbing the peace and good order, or may cause such person to be imprisoned for any such offence, under an order signed by him, until any period not later than the final closing of the Election or of the poll respectively, which order, whether given verbally or in writing, all persons shall obey without delay, under a penalty for any refusal or neglect so to do of twenty-five dollars. 93. No such arrest, detention, or imprisonment shall in any such detention not manner exempt the person so arrested, detained, confined, or im- *° Prevent other ^ r 7 ? ! punishment. prisoned from any pains or penalty to which he has become liable by reason of anything by him done contrary to the true intent and meaning of this Act or otherwise. 94. On a requisition in writing made by any Candidate, or by his Special Constables agent, or by any two or more Electors, any Returning Officer or tain^ases^" Deputy Returning Officer shall swear in such Special Constables. 95. Any Returning Officer or Deppty Returning Officer may, Returning Officer or during any part of the days whereon any such Election is to be his Deputy may de- , iiT ij.j_iT 1 1 -^ mand the surrender begun, holden, or proceeded with, demand and receive trom any of all arms, person whomsoever any offensive weapon, such as firearms, swords, staves, bludgeons, or the like, with which any such person is armed, or which any such person has in his hands or personal possession. 96. Every such person who, upon such demand, declines or penalty for refusing refuses to deliver up to such Returning Officer or Deputy Return- to surrender the ing Officer any such offensive weapon as aforesaid, shall be deemed ' . guilty of a misdemeanor, punishable by fine not exceeding fifty dollars, or imprisonment not exceeding six calendar months, or by both, in the discretion of the Court whose duty it is to pass the sentence of the law upon such person upon his conviction. 97. Every person convicted of a battery committed during any Certain batteries part of the days whereon any such Election is to be begiin, holden, ^'^^s^'g'"^*^""^^ or proceeded with, or on which any poll for such Election is to be aggravated assaults. begun, holden, or proceeded with, within the distance of two miles of the place where such Election or poll is to be begun, holden, or proceeded with, shall be deemed guilty of an aggravated assault, and shall be punished accordingly. 98. Except the Returning Officer for such Election, the Deputy With certain excep- Keturning Officers, or Constables or Special Constables appointed ghaii'comflm^ed by such Returning Officer or his Deputy, for the orderly conduct ^*^i^°^ °p'^J[7g Oo« open therein. [1^0. 157.] Election Regulation. [34 ¥ict.] A.D. 1871, of such Election or poll, and the preservation of the public peace thereat, no person who hath not had a stated residence in such District for at least three months next before the day of such Elec- tion, shall come, during anypart of the day upon which such poll is to remain open, into such District, armed with offensive weapons of any kind, as firearms, swords, staves, bludgeons,. or the like;, nor shall any person whomsoever being in such District arm himself during any part of such day with any such offensive weapons, and thus armed approach within the distance of two miles of the place where the poll for such District or Division is held, unless called upon to do so by lawful authority. Persons stealing or 99. If any person steals, or unlawfully or maliciously, either by fehtfyfngdocnS violence or stealth, takes from any Eeturning Officer, Deputy relating to Elections Returning Officer, or Poll Clerk, or from any other person having felony" &c.^"' ^ ° *^® lawful custody thereof, or from its lawful place of deposit for the time being, or unlawfully or maliciously destroys, injures, or obliterates, or causes to be wilfully or maliciously destroyed, injured, or obliterated, or makes, or causes to be made, any erasure, addi- tion of names, or interlineation of names in, to, or upon, or aids, counsels, or assists in so stealing, taking, destroying, injuring, or obliterating, or in making any erasure, addition of names, or inter- lineation of names, in, to, or upon any Register of Voters, or any "Writ of Election, or any Return to a Writ of Election, or any Poll Book, Certificate, or Affidavit, or any other document or paper made, prepared, or drawn out according to or for the purpose of meeting the requirements of this Act, or any of them, — every' such offender shall be guilty of felony, and being convicted thereof shall Punishment, be liable, at the discretion of the Court, to be imprisoned with or without hard labour, for any term not exceeding two years, or to suffer such other punishment by fine or imprisonment, or both, as „ , . the Court shall award ; and it shall not, in any indictment for any nbt to be requisite such offence, be necessary to allege that the article in respect i of ju indictment, which the offence is committed is the property of any person, or that the same is of any value. Accessories punish- 100. Every person who aids, abets, counsels, or procures the able as principals, commission of any misdemeanor under this Act, shall be liable to be indicted and punished as a principal offender. How penalties shall 101 • AH penalties imposed by this Act shall be recoverable with be recoverable. f„i| (.Qg^g of g^j^^ ^[3^ ^^^ person who will sue for the same by actioa of debt or information, in any of Her Majesty's Courts in this Colony having competent jurisdiction, and in default of payment of the amount which the offender is condemned to pay, within the How enforced. period to be fixed by such Court, such offender shall be imprisoned in the common gaol until h« has paid the amount which he has been condemned to pay, with the costs, or until he is discharged by the order of the Court. 684 f34 Vict.] . Election Regulation. pTo, 157.] 102. It Bhall be sufficient for the plaintiff in any action or suit a.D. 1871. Driven by this Act to state in the declaration that the defendant is ' What it shSill be indebted to him in the sum of money thereby demanded, and to sufficient to state in allegethe particular offence for which the action or suit is brought, *'^® declaration, and that the defendant had acted contrary to this Act, without men- tioning the Writ of Election or the return thereof. 103. It shall be sufficient, in any indictment or information for And in any indict- any offence committed contrary to this Act, to allege the particular ^^^ °" ^^ '^ °'' offence charged upon the defendant, and that the defendant is guilty thereof, without mentioning the "Writ of Election, or the return thereof, or the authority of the Returning Officer founded upon anj"^ such "Writ of Election. 104. It shall not be necessary, on the trial of any suit or prosecu- On the trial, Writ, tion under this Act, to produce the "Writ of Election, or the return *°oductd^ ""^ ^^ thereof, or the authority of the Returning Officer,, founded upon any such Writ of Election, but general evidence of such facts shall be sufficient evidence. 105. Every action, suit, or information given by this Act, shall Limitation of suits be commenced within the spagp of one year next after the act "°'ier this Act. committed, and not afterw^ds. 106. Every person taking any oath or affirmation under this Act, False swearing per- who wilfully swears or affirms falsely shall be guilty of perjury; and ^^^^' everv person making: a false declaration, knowinsr it to be false in ^*^^® declaration •'^ "=• .' ° misdemeanor. any respect, shall be guilty of a misdemeanor. 107. It shall be lawful for the Governor in Council, to authorize Governor to author- the payment of all necessary expenses incurred by the Registrars, '^ ^ expenses mcur- '^ •' . o ' ,.g,j by Registrars, in arranging, copying, printing, and publishing Registers, and otherwise in and about any Election. 108. "When any matter or thing shall be directed by this Act, or ^ny thing directed by any "Writ issued in pursuance thereof, to be performed on a cer- *° ^^ ^°°® °" .^°"" tain day, and that day shall happen to be Sunday, Good Friday or or Christmas Day| Christmas Day, such matter or thing shall be performed on the ^'^^i^^g^^'^"^"^"^ *''« next succeeding day, not being Sunday, Good Friday, or Christ- mas Day. 109. One copy oj this Act for the Returning Officer, and one for Copy of Act to be each of his Deputies, shall be transmitted with the "Writ of Election offllerand Deputi'es to each and every Retsrning Officer throughout the Colony. with Writ. 110. The Governor in Council shall fix the" amount of fees and Governor to fix fees allowances from time to time to be paid to the Returning Officers, ^"g^'offiler^ifc!*"'"' Election Clerks, Deputy Returning Officers, and Poll Clerks, and the amounts to be paid to any Special Constables whose services may be required under the provisions of this Act. 111. Each Returning Officer shall immediately after the close of Returning Officer to any Election make up an account of all such fees and allowances, ^g^^^^Vfbu^sementf and of any necessary disbursements, which he or any of his subor- &c., which shall be . cQC paid to him. [No. 158.] Oomipi Practices Prevention. [34 Vict.] A.I). 1871. Act when to come into opeiation. Act how to be con- Btrued. Interpretation of terms. Short Title. dinates may have made in respect of such Election, and the amount of such account, atter the same has been approved by the Governor in Council, shall be paid over to the Returning Officer by warrant of the Governor, directed to the proper Officer of the Treasury, and shall be distributed by such Returning Officer to the several Officers and persons entitled to the same under the provisions of this Act, which distribution he shall report to the Governor, and account for the same as the Governor may direct. 112. This Act shall come into operation immediately upon its being passed, but shall not apply to any Election of a Member of the Legislative Council until the Register of Voters, under " The Qualification and Registration of Voters' Act, 1871," is completed and delivered to the Returning Officer, as in the said Act is provi- ded in that behalf; and until such Register of Voters is so com- pleted and delivered as aforesaid, the proceedings at Elections of Members of the Legislature shall b» the same as if this Act had never been passed. 11 3. This Act shall be taken to apply to " The Constitution Act, 1871," passed in the present Sesslpi, if, and when the same comes into operation in this Colony, as fully aj^d effectually to all intents and purposes, as if "The Constitution Act, 1871," had been actually in operation upon the passing of this Act, and as if this Act had related to the proceedings at Elections of Members for the Legis- lative Assembly thereby constituted, so far as the provisions con- tained in this Act are not absolutely repugnant to the provisions of " The Constitution Act, 1871." 114. In this Act, and in " The Qualification and Registration of Voters' Act, 1871," the term "Governor" shall mean the Officer for the time being administering the Government of this Colony. 116. This Act may be cited as " The Election Regulation Act, 1871." A.D. 1871. Flreambte. JSTo. 158. An Act to prevent Bribery, Treating, and Undue Influence at Elections of Members of the Legislature. [27eing elected during Buch Candidate shall be incapable of being elected, or sitting in the Legislative Council for such Electoral District, during the time for " which Members are elected for the , Legislative Council then in existence. 19. No payment (except in respect of the personal expenses of a No payment, &e., Candidate), and no advance, Joan, or deposit shall be made by or on*behaif'of*Ca''/dr-' on behalf of any Candidate at an Election, before, or during, or after dates, otherwise . J. T -ni J." j.1. th&n. through such Election, on account of or in respect oi such Election, other- authorized agent*, wise than through an agent or agents, whose name and address, or names and, addresses, have been declared in writing to the i^eturn- • ing Officer on or before the day of nomi;iation, or through an agent 691 [Ko. 158.] Corrupt Practices Prevention. [34 Vict.] A.D. 1871. o^ agents to be appointed in Ms or their place, as herein provided; — - and any person making any such payment, advance, loan, or deposit otherwise than through such agent or agents, shall be guilty of a misdemeanor. Beturning Officers to It Shall be the duty of the Eeturning Officer of the Electoral publish names and District to publish, on or before the day of nomination, the name and address, or the names and addresses of the agent or agents appointed in pursuance of this section. In the event of the death or legal incapacity of any agent appointed &c., of agent anoth- in pursuance of this section, the Candidate shall forthwith appoint er to be appointed, another agent in his place, on giving notice to the Eeturning Officer of the name and address of the person so appointed, which shall be forthwith publishei'd, in the manner hereinbefore provided, by the Returning Officer. Bills & t b t ^^' "^^^ persons who have any bills, charges, or claims upon any in within one month Candidate for Or in respect of any Election, shall send in such bills, recover barredf ° charges, or claims within one month from the da^of the declaration of the Election to such agefit or agents as aforesaid, otherwise such persons shall be barred of their right to recover such claims and every or any part thereof. Provided, always, that in case of the death, within the said month, of any person claiming the amount of such bill, charge, or claim, the legal representative of such person shall oend in such bill, charge, or claim within one month after obtaining probate, or letters of admin- istration, or confirmation as executor, as the case may be, or the right to recover such claim shall be barred as aforesaid. Provided, also, that such bills, charges, and claims shall and may be sent in and delivered to the Candidate, if and so long as during the said month there shall, owing to death or legal incapacity, be no such agent. As to publication of 21. A detailed statement of all Election expenses incurred by or statement of Eiee- qq behalf of any Candidate, including such expected payments as tion expenses. •' ' " tr r j aforesaid, shall, within two months after the Election (or in cases where by reason of the death of the creditor no bill has been sent in within such period of two months, then within one month after such bill has been sent in) be made out and signed by the agent, or if there be more than one, by every agent who has paid the same (including the Candidate, in case of payment made by him), and delivered, with the .bills and vouchers relar tive thereto, to the Returning Officer; and the Eeturning Officer for the time being shall, at the expense of the Candidate, within fourteen days, publish, or cause to be published, in the manner to be from time to time provided by the Governor in Council, an abstract of such statement, with the" signature of the agent thereto ; and any agent or Candidate who makes default in delivering to the Returning Officer the statement required by this section, shall incur a penalty not exceeding twenty-five dollars for , every day during which he. so makes default; and any agent or 592 [34 Vict.] Toll Chartei: pSTo. 159.] Candidate who wilfully furnislies to the said Returning Officer an j^d. ig7i_ untrue statement shall be guilty of a misdemeanor; and the said Returning Officer shall preserve all such bills and vouchers, and during six months, after they have been delivered to him, permit- any Voter to inspect the same, on payment of a fee of one dollar. 22. Throughout this Act, in the construction thereof, except interpretation of there be something in the subject or context repugnant to such construction, the word "Election" shall mean the Election of a Member or Members to serve in the Legislature; and the word "Voter" shall mean any person who has or claims to have a right to vote in the Election of a Member or Members to serve in the Legislature ; and the words " Candidate at an Election," " Candi- date at any Election," or "Candidate" shall include all persons elected to serve in the Legislature at such Election, and all persons nominated as Candidates at such election, or who shall have declared themselves Candidates on or after the day of the issuing of the "Writ for such Election, or after the dissolution or vacancy in consequence of which such Writ shall have been issued. Provided, that nothing herein contained shall be construed to impose any liability on any person nominated without his consent. And the words "personal expenses," as used herein, with respect to the expenditure of any Candidate in relation to any Election, shall include the reasonable travelling expenses of such Candidate, and the reasonable expenses of his living at hotels, or elsewhere, for the purposes of and in rela- tion to such Election. 23. This Act shall be taken to apply to " The Constitution Act, Act how to be con- 1871," passed in the present Session, if and when,the same comes into operation in this Colony, as fully and effectually, to all intents and purposes, as if " The Constitution Act, 1871," had been actually in operation upon the passing of this Act, and as if this Act had related to the Legislative Assembly, and to the Elections of Mem- bers for the Legislative Assembly thereby constituted. 24. This Act may be cited as " The Corrupt Practices Prevention Short Title. Act, 1871." No. 159. An Act to enable the Governor to grant Charters for Tolls. a.D. 1871. l^m March, 1871.J TI7HEREAS it has been considered doubtful whether the Preamble. ' ' Governor'has power to grant Charters for collecting Tolls: And whereas it is advisable to remove all doubts upon the sub- ject, and as well to confirm all such Charters as have been already .issued, as to grant such powers in that respect to the Governor for the time being, as are hereinafter contained : 693 [No. leo.j livii List. [34 Vict.] A.D. 1871. Interpretation Clause. Charters, &c.,J&er'e- tofore granted to be valid. Be it therefore enacted by the Governor of British Columbia, with the advice and consent of thfe Legislative Ootincil thereof, as follows : — 1. The term "Governor" shall mean the Officer for the time being lawfully administering the Government of this Colony. 2. All Charters heretofore granted by the Governor for the time being for the collection of Tolls, or any authority for that purpose heretofore given by Deed, by any Officer employed by the Govern- ment, acting on behalf of the Government, shall be valid and effectual to all intents and purposes. Governor in Council 3. The Governor in Council may, from time to time, in Her undefpublioSr Majesty's name, and under the Ptiblic Seal of this Colony, grant to any person or persons, upon such terms as he' may think fit, Charters for the collection of Tolls on any Eoad to be hereafter dpened or improved by the person or persons obtaining the Charter. 4. Ko such Charter shall fee granted until Tenders have been invited for the work required or proposed to be done for or in respect of which such Charter is proposed to be granted. Provided, that it shall hot be imperative upon the Governor in Council to grant such Charter to any person tendering for the performance^ of ' such work as aforesaid, nor to the person whose Tender shall appa- rently be most favourable to the interests of the public generally. 5. This Act may be cited for all purposes as " The Toll Charter Act, 1871." But not until Ten- ders have been called for. Short Title. •No. leo. A.D. 1871. An Act to provide for a permanent Civil List. I21th March, 1871.] Preamble. "IITHEEEAS it is desirable that a permanent Civil List should be ' ' established by Law : Be it therefore enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — Appropriation of 1. There shall be payable, in every year, [to Her Majesty, Her ylarf forO^iTii LisZ ^®^^^ ^^^ successors, out ot the General Revenue of this Colony, a sum not exceeding Seventy-eight thousand three hundred and fOrty-six Dollars and Twenty-five Cents, for defraying the expense of the several services and purposes named in the Schedule A., .hereunto annexed. 594 [34 Vict.] Gvil lAd. [JTo, 160.] 2. The sitms so set down in the said Schedule A., opposite to ^ j) jg^j each Office or Departinent, 'shall be payable for each while the Incumbents at the time this Act comes into operatfon respectively pa;^bie'to'present remain in office. incumbents of office. 3. The said sums shall be payable by the proper Officer of the Officer of the Trea- Treasury, upon the Warrant of the Governor, or Officer Adminis- yerno*r°s^WarraS,°' taring the Government for the time being. 4. This Act shall not come into operation until it has received Suspending clause. Her Majesty's assent, and such assent has been proclaimed in the Colony. 5. This Act may be cited as " The Civil List Act, 1871." Short Title. SCHEDULE A. His Excellency the Governor. Private Secretary $1,452 00 Messenger 500 00 Legislative Council. Clerk 600 00 Messenger 200 00 Colonial Secretary's Department. Golonial Secretary 3,880 00 Assistant Colonial Secretary 1,940 00 1st Clerk 1,452 00 2nd Clerk 1,452 00 Messenger 500 00 Printing Branch. Superintendent 1,500 00 Two Printers 2,000 00 Assistant Printer 700 00 « Treasury. Chief Clerk in Charge 2,190 00 Clerk 1,452 00 Clerk.... 1,200 00 Audit. Audit Clerk 1,940 00 Chief Commissioner of Lands and Works. Chief Commissioner 3,880 00 Surveyor General 2,425 00 Clerk 1,224 00 Draughtsman 1,224 00 Accountant Clerk 1,200 00 Messenger 250 00 595 [No. 160.] Oivil List. [34 Vict. A.D, 1870. Attoknet Q-eneral's Dbpaetment. , . • — — Attorney General ." : 3,880 00 Clerk .». 1,750 00 .SHBRIfF, Salary in addition to Pees 1,500 00 Police, Victoria. Clerk 1,500 00 Inspector , 1,008 00 Sergeant 800 00 Two Constables 1,277 50 Gaol. Gaoler 1,008 00 Assistant Gaoler , 912 50 Superintendent. of Convicts 1,008 00 Two Convict Guards 1,277 50 ^wo Door Guards 1,095 00 Cook 638 75 Medical Officer , 600 00 Few "Westminster. Two Constables 1,400 00 Gaol, Gaoler 1,008 00 Turnkey 708 00 Medical Officer 500'00 Columbia and Kootbnat. Clerk and Constable 1,704 00 Constable 1,404 00 Constable, French Creek 1,704 00 Cariboo, including Quesnel, Soda Creek, and Omineca. Clerk 1,940 00 Cnief Constable 1,940 00 Constable 1,450 00 Two Constables .' 2,016 00 Constable at Quesnel 1,224 00 Officer at Omineca 1,940 00 Yale, including Hope and Lytton. Chief Constable 1,104 00 Constable 1,008 00 Chief Constable, Lytton 1,104 00 Toll Collector, Yale 1,104 00 IjILLOBT AND CLINTON. Chief Constable 1,104 00 Constableand Tell CoUeetor, Clinton 1,104 OQ Fanaimo and Comox. Constable, Nauaimo , „ 732 00 Constable, Comox...., 782 00 [34 ViCT.j. Statutes Repeal. [No. 161.] No.giei. An Act to repeal certain Acts, Ordinances, and Proclamations. A.t). 1871. \21th March, 1871.] WHEBEAS a Commission has been appointed to revise the preamble. Statutes in force in the Colony of British Columbia, with a view to the publication of a correct edition thereof, for public use : And, whereas, in furtherance of that object, it is expedient to repeal certain obsolete and unnecessary Acts, Ordinances, and Proclamations; Be it enacted ^by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as foUows: — 1. All and singular ^the Acts, Ordinances, and Proclamations specified or referred to in the Schedule hereto shall be and are i^^schedult''*' *^*' hereby repealed. Provided, alwajs, that no Act, Oi^nance, Proclamation, or Order repealed by any of the Acts, Ordinances, or Proclamations, or sections or parts thereof hereby repealed, shall revive, but the same shall remain repealed. 2. The repeal of the Acts, Ordinances, or Proclamations hereby _ , ^ ' ' •' Saving existing li- repealed shall not affect, or be construed to affect, any penalty, abilities and rights, forfeiture, tax, or liability that shall have accrued or been incurred before this Act comes into force, or the proceedings for enforcing the same, nor any right, title, act, matter, or thing done, acquired, confirmed, established, existing, or pending, nor any privileges, indemnity, or immunity, conferred under any of the said repealed Acts, Ordinances, or Proclamations, but every such penalty, for- feiture, liability, and proceedings, and every such act, right, matter, and thing so done, acquired, conferred, established, existing, or pending, and every such privilege, indemnity, or immunity con- ferred, shall continue and be considered dealt vrith, enjoyed, enforced, and adjudged upon respectively as if such repeal had not taken place. 3. The Schedule hereto shall form part of this Act. Schednie part of Act. 4. This Act may be cited for all purposes as " The Statutes ^^^^ ^.^j^_ Repeal Act, 1871." 59T '[So. iei.l Statutes Mepeal. [34 Vict.] A.D. 1871. TBCE SCHEDULE. Statutes of the former Colony of Vancouver Island AND ITS Dependencies. Date. Title 1859. Prior to Ist August. 23rd August. 1859. 7th October, 1859. Kh October, 1859. 29th October, 1859. 3rd November, 1859, 9th July, 1860, 28th August, 1860. 28th August, 1860. 28th August, 1860. 10th December, 1860 . 19th Decembei;,])860 19th December,1860 19th December,186p 6th February, 1861. 29th October, 1861. 14thNovember,1861 28thNovember,1861 28thNovember,1861 29th May, 1862. 12th June, 1862. 9th July, 1862. 698- All Proclamations and Act^ of Council purporting to hare been passed or issued under or by virtue of the authority of the Officer for the time being Administering the Government u the late Colony of Vancouver Island and its Dependencies, and all Acts of the Legislature thereof, made or purporting to have bpen made j prior to the 1st day of August, Eighteen hundred and fifty-nine. An Act to provide for the Resignation and Vacating of Seats in the House of Assembly in the Colony of Vancouver Island, and for the Election of Meinbe^s on Vacancies. The " Representation Act, 1869.'' The " Registration of Voters Act, 1859.'' An Act to remove Doubts as to the Interest of Money in the Colony of Vancouver Island, a;^d ^ts Dep^i^d,e^qie|, The " Franchise Act, 1859." An Act to Proivide for the Administration of Oaths in the House of As_sembly, a,nd the Production of Evidence before Com- mittees of the same. An Act for the payment of cerfain Salaries. A.n Act to improve the Streets of the Town of Victoria, and to authorize the_ Collection of a Tax to be called the Victoria Street Fund. The " Fireman's Protection Act, 1860." " The Act to cure imperfect Titles, 1860." " The Minor Offences Act, 1860." " The Annual Registration of Voters Act, 1860." The "Act for Confirming Titles from the Hudson's Bay Com- pany, 1860." The "Powder Magazine Act, 1860." " The Supplementary Street Act, 1861." "An Act for the Confirmation of the Titles of Aliens to Real Estate, 1861." The "Pawnbroker's Act, 1861." " The Summary Procedure on Bills of Exchange Act, 1861." The " Vancouver Island Temporary Loan Act, 1862." The " Reviser's Confirmation Act, 1862." " The Provisional Appointments Act, 1862." |;34 V10T.3 Statutes HepedL |%o. 161. J Date. 19th July, 1862. Sth August, 1862, 12th Deceinber,1862 12th December, 1862 2Tth February, 1863, 27thFebruary,1863. 27thFebruary,1863. 27th February, 1863. 27thFebruary,1863 30th October, 1863. 28th December,1863 nth March, 1864. 12th March, 1864. 8th June, 1864. 7th July, 1864. 7th July, 1864. 7th July, 1864. 7th July, 1864. 7th July, 1864. fth July, 1864. 5th November, 1864. h December, 1864. 30th March, 1865. Title. A,D. 1811. "The ProTieional Sanatory Gommission Act, 1862." '' The Burnside Road Act, 1862." " The Gunpowder Act, 1862." " The City of Victoria Reprfefeeiitation Act, 1862." The " V^ictoria Incorporation Debenture Act, 1863." The " Stamp Act, 1863." An Act to apply the gum of Two hundred and forty-seven thoU' sand two hundred and twenty-five dollars out of the General Eevenue of the Colony of Vancouvei:'s Island and its Depen- dencies to the service of the year One thousand eight hundred and sixty-three. An Act to apply the sum of Twenty-five thousand seven hundred and five dollars out of the General Revenue of the Colony of Vancouver's Island and its Dependencies for the payment of certain salaries and expenses for the service of the year One thousand eight hundred and sixty-three. An Act to grant a Supplemental Supply of Tweiity-fonr thousand one hundred and twenty-nine dollars and fifty-three cents for the service of the year One thousand eight hundred and sixty- three. " The Provisional Act for the Election of Mayor and CouncillorSf 1863." " The Mayor and Council of Victoria Indemnity Act, 1863." The " Governor's Indemnity Act, 1864." An Act to apply the sum of Two hundred and fifty-seven thou- salid two hutidrtd and s'6venty-nine dollars and fifty cents out of the General Revenue of the Colony of Vancouver Island and its Dependencies, to the service of the year One thousand eight hundred and sixty-§)ur. " The Governor's Victoria City Aid Act, 1864." An Act to repeal " The Vancouvel Island Stamp Act, 1862." An Act to apply the Sum of Twenty Six Thousand Dollars out of the General Revenue of the Coloiy of Vancouver Island and its Dependencies to the Service of the Yeaar 1864. An Act to grant a Supplemental Supply of Nineteen Thousand Eight Hundred and Four Dollars and Twenty Eight Cents for the service of the Year One Thousand Eight Hundred and Sixty Three. The " Harewood Railway Company Act, 1864." "The Victoria City Half per Cent. Tax Act, 1864." The Supplemental Supply Act No. 4, 1864. " The Provisional Act for the Election of Majror and Councillors, 1864." "The Chief Justice's Salary Act, 1864." An Act to apply the Sum of Two Hundred and Ninety-eight Thousand Six Hundred and Eighteen Dollars and Twenty-five Cents out of the General Revenue of the Colony of Vancouver 599 [No. 181.] Statutes Repeal. [34 VioT.] A.D. 1871. Date. 9th June, 1865. 16th June, 1865. 16th June, 1866. 21st June, 1865. 21st June, 1865. 24th June, 1863. 4th July, 1865. 15thFebruary,1866. Title. Island and its Dependencies, to the Service of the Year One Thousand Bight Hundred and Sixty-five. " The Declaration of Title Act, 1865." " The First Telegraph Act Amendment Act, 1865,'' " The Vancouver Island Jury Act, 1865." An Act to grant a Supplemental Supply of Thirty-seven Thou- sand Six Hundred and Bight Dollars and Thirty-nine Cents for the Service of the Year One Thousand. Eight Hundred and Sixty-four. An Act to apply the Sum of Fourteen Thousand Nine Hundred and Forty Dollarsout of the General Revenue of the Colony of Vancouver Island and its Dependencies to tne service of the Year One Thousand Bight Hundred and Sizty-nt.). " The Victoria City Half Per Cent Tax Act, 1865." An Act to explain "The Chief Justice's Salary Act, 1864." " The Harewood Railway Company Extension Act, 1866." Statutes relating to the former Colony of British Columbia AND ITS Dependencies. 19th November, 1858 2nd December, 1858 3rd December, 1858 5th March, 18591 8th May, 1860. 10th August, 1860. 20th August, 1860. 29th October, 1861. 22nd August, 1862. 21stSeptember,1863 2nd February, 1864, 18th February, 1864, 10th March, 1864. ' 4th May, 1864. Vth February, 1865. 22nd February, 1865 600 Proclamation to indemnify the Governor for acts done. Proclamation to enable the Governor to convey . Crown Lands sold within the Colony. Proclamation relating to Customs Dues, &c. Proclamation relating to entrance of Miners' Boats into Fraser River, and certain exemptions from Customs Duties. "The Town Lot Leases Relief Att, 1860." The " Spuzzem Road Bonds Act, 1860." "The Shimilkomeen Roads' Bonds Act, 1860." The "Harrison Lillooet Portage No. 2 Roads Bonds Act, 1861." "The Sunday Observance Act, 1862." " The Alexandra Bridge Toll Act, 1863." " The Confirmatory Ordinance, 1864." An Ordinance to apply the sum of One hundred and thirty-five thousand, six hundred and thirty-nine pounds, sixteen shil- lings and seven pence. Sterling, out of the General Revenue of the Colony of British Columbia and its Dependencies, to the service of the year One thousand eight hundred and sixty- four. The "British Columbia Steam Traction Engine Act, lS64." The "Naval and Military Settlers' Relief Ordinanoe,^1864." "The Traction Engine extension Ordinance, 1865." " The Lytton Bridge Toll Ordinance, 1865.", f 34 Vict.] Statutes Sepeal. P^a. 161.J Date. 22nd February, 1865 I7th March, 1865. 24th January, 1866. 5th March, 1866. 29th March, 1866. 29th March, 1866. Title. A.D. 187L The "Telegraph Amendment Ordinance, 1865." An Ordinance to apply the sum of Two hundred and twenty-five thousand, nine hundred and forty-six pounds, twelve shillings and eight pence, Sterling, out of the General Revenue of the Colony of British Columbia and its Dependencies, to the service of the year One thousand eight hundred and sixty-five. The " Confirmatory Ordinance, 1866." An Ordinance to apply the sum of Seven Hundred and Twenty- Two Thousand One Hundred and Fourteen Dollars and Five Cents, out of the General Revenue of the Colony of British Columbia and its Dependencies, to the service of the year One Thousand Eight Hundred and Sixty-Six. An '. Ordinance granting a Supplemental Supply of Thirty-two Thousand Four Hundred and Fifty-six Pounds, Seven Shillings, and Five Pence, out of the General Revenue of the Colony of British Columbia and its Dependencies, to the service of the ' years One Thousand Eight Hundred and Sixty-four and five respectively. " The Gold Export Repeal Ordinance, 1866." Statutes relating to British Columbia since the Union of the two formerly separate colonies of vancouver island and British Columbia. mhFebruary,1867 12th February, 1867 19th March, 1867. 2nd April, 1867. 2nd April, 1867. 2nd April, 1867. 2nd April, 1867. 1st May, 1868. Ist May, 1868. The "Imports Indemnity Ordinance, 1867." The " Victoria City Aid^Ordinance, 1867." An Ordinance to appropriate the sum of Five Hundred and Sixty-Six Thousand Six Hundred and Fifty Eight Dollars and Thirty Cents out of the General Revenue of the Colony for the Contingent Service of the year 1867. " The Real Estate Tax Repeal Ordinance, 1867." " The Harewood Colliery Company's Railway Extension Ordi- nance, 1867" An Ordinance to confirm the expenditure of the sum of One Hundred and Forty-One Thousand Two Hundred and Ninety- five Dollars and Fifteen Cents, for the Service of the Colony of Vancouver Island, for the Year One Thousand Eight Hun- dred and Sixty-Six. An Ordinance to confirm the Expenditure for the services of the year Eighteen Hundred and Sixty-Six not authorised in the grant for that year. " The Hudson Bay Titles Confirmatory Ordinance, 1868." An Ordinance to appropriate the sum of Three Hundred and Fifty-eight Thousand Nine Hundred and Twenty-three Dollars and Five Cetits out of the General Revenue of the Colony, for the Contingent Service of the year 1868. pTo. 162.] Ohdritable Associations. [34 Vict.] A.t). 1871. Date. 23rd February,1869. let March, 1869. 10th March, 1869. 24th March, 1870. Z^hMarbh, 1870. Title. Ah Ordinance to appropriate the sum of Four Hundred and Nineteen Thousand Three Hundred and Thirty-five Dollars and Fifty Cents out of the General Revenue of the Colony, for the Contingent Service of the year 1869. "TheHarewood Colliery Company's Bailvray Extension Ordi- nance, 1869." An Ordinance granting a Supplemental Supply of One Hundred and Thirty-Four Thousand Four Hundred and Sixty-Five Dollars and Ninety-Eight Cents, Out of the General Revenue of the Colony of British Columbia and its Dependencies, for the Contingent Service of the years 1866*T, respectively. An Ordinance to appropriate the sum of Three hundred and forty thousand one hundred and five Dollars seventy-five Cents, out of the General Revenue of the Colony, for the Contingent Service of the year 1870. An Ordinance granting a Supplemental Supply of Two hundred and one thousand five hundred and eighty-five Dollars and four Cents, but of tie General Revenue of the Colony of British Columbia and i% Dependencies, for the Contingent Service of the years 1868-9 respectively. No. 162. A.D. 1871. An Act to Incorporate Charitable, Philanthropic, and Provi- dent Associations. [28. 1871. Question? to be de- termine4 iQ accord- ance with Act. Definition and juris- diction of Court. Interpretation of terms. '■'Governor." "Election.' "Candidate." "Corrupt practices' ' "Eules of Court.' " Prescribed." Provision as to Spealier. To whom, and by whom, an Election Petition may be presented. Be it enacted by the Governor, with the advice and consent of the Legislative Council, as follows: — 1. No Election, or Eeturn to a "Writ of Election, shall be ques- tioned except in accordance with the provisions of this Act. 2. The expression the " Court" shall, for the purposes of this Act, mean the Siiprenxe Court of British Columbia, and such Court shall, subject to the provisions of this Act, have the same powers, jurisdiction, and authority, with reference to an Election Petition and the, proceedings thereon, as it would have if such Petition were an ordinary cause within its jurisdiction. 3. The following terms . shall, in this Act, have the meanings bereinafter assigiiied to them, unless there is aomethiag in the con- text repugnant to su^ih construction, that is to say : — "Governor" shall mean the Officer for the time being administer- ing the Govermment gf this Colony. "Election" shall mean an Election of a Member or Members to serve in. the Legislature. "Candidate" shall mean any person elected to serve iathfr Legis- lature at an Election, and any person who has been nomina' ted as or declared himself a Candidate at an Election. "Corrupt Practices," or "Corrupt Practice," shall mean bribery, treating, and undue influence, or any of such offences as defined by " The Corrupt Practices Prevention Act, 1871," or any other Law i'n force in this. Colony. "Rules of Court "^ shall mean rules to be' made as hereinafter mentioned. "Prescribed" shall mean "prescribed by 'the Rules of Court." 4. For the purposes of this Act, "Speaker" shall be deemed to. include the person for the time being lawfully acting as Speaker; and when the office of Speaker is vacant, the Clerk of the Legisla- tive Council, or any other Officer for the time being performing the duties of the Clerk of the Legislative Council, shall be deemed to be substituted and to be included in the expression "the Speaker." 5. A Petition, complaining of an undue Return, or undue Elec- tion of a Member to serve in the Legislature for any Electoral District, may be presented to the Supreme Court of British Colum- bia by any one or more of the following persons: — (1.) Some person who voted, or who had a right to vote, at the Election to which the Petition relates; or, (2.) Some person claiming to have had a right to be returned, or elected at such Election ; or, (3.) Some person alleging hims,elf to have been a Candidate at such Election; And such Petition is hereinafter referred to as an Election Petition 612 [34 Vict.] trial of Controverted Medions. P^o. 167.] 6. The following Enactmetits shall be made with respect to the j^jy 157 1, presentation of an Election Petition under this Act: — , , , Regulations fts to (1,) The Petition shall be signed by the Petitioner, or all the preisefltaticin of^iec- Petitioners, if more than one. *'°" ^'*iJ'°°- (2.) The Petition shall be presented within twenty-one days after the Eeturn has been made, to the Registrar of the Sup^eitte Court, of the Member to Whose Election the Petition rekteS, unless it questions the Return or Election upon an allega- tion of corrupt practices, and specifically alleges a payment of money or other reward to have been made by any Member, or on his account, or with his privity, since the time of such return, in pursuance or in furthetanee of such coWupt prac- tices, in which case the Petition may be presented at any time within three months after the date of such payment. (3.) Presentation of a Petition shall be made by delivering it to the prescribed oflElcer, or otherwise dealing with the same in the manner prescribed. (4.) At the time of the presentation of the Petition, or within three days afterwards, security for the payment of all costs, charges, and expenses that may have become payable by the Petitioner to the Member whose Election or Return is com- plained of (who is hereinatter referred to as the Respondent), or to any other person who may be made a Respondent under this Act, shall be given on behalf of the Petitioner. (5.) The security shall be to an amount of two thousand dollars. It shall be given, either by recognizance to be entered into by any number of sureties,, not exceediog four, or by a , deposit of money in manner prescribed, or partly in one way and partly in the other. 7. On presentation of the Petition, the prescribed OflB.cer ■ shall copy of Petition, send a copy thereof to the Returning Officer of the Electoral Dis- tf be 86^1 to*Eiturn- trict to which the Petition relates, who shall forthwith publish the ing officer. same in the Electoral District, in such manner as may be prescribed, or if not prescribed, in such manner as he may think fit. 8. Ifotice of the presentation of a Petition under this Act, and of Recognizance may the nature of the proposed security, accompanied with a copy of ^« objected to. the Petition shall, within the prescribed time after the presentation of the Petition, be served by the Petitioner on the Respondent; andtft shall be lawful for the Respondent, where the security is given wholly or partially by recognizance, within a further pre- Bcribed time from the flate of the service on him of the notice, to object in writing to such recognizance, on the ground that the sureties, or any of them, are insufficient, or that a surety is dead, or that he cannot be found or ascertained, from the want of a suffi- cient description in the recognizance, or that a person named in the recognizance has not duly acknowledged the same. 613 [No. 167.] TUal of Goniroveried JElections. [34 Vict.] A.D. 1871. ^- ^"^y objection made to the security given, shall be heard and decided on in the prescribed manner. Determination of objection to reeog- If an objection to the security is allowed, it shall be lawful for the Petitioner, within a further prescribed time, to remove such objection by a deposit, in the prescribed manner, of such sum of money as may be deemed by the Court, or Officer having cogni- zance of the matter, to make the security sufficient. K, on objection made, the security is decided to be insufficient, and such objection is not removed in manner hereinbefore men- tioned, no further proceedings shall be had on the Petition; other- wise, on the expiration of the time limited for making objections, or after objection made on the sufficiency of the security being established, the Petition shall be deemed to be at issue. List of Petitions at 10. The prescribed Officer shall, as soon as may be, make out a issue to he made, jjg^ ^f ^^l Petitions under this Act presented to the Court of which he is such Officer, and which are at issue, placing them in the order in which they were presented ; and shall keep at his office a copy of such list, hereinafter referred to as the Election List, open to the inspection, in the prescribed manner, of any person making appli- cation. Such Petitions, as far as conveniently may be, shall be tried in the order in which they stand on such list. Mode of trial of , 11. The following Enactments shall be made with respect to the trial of Election Petitions under this Act : — (1.) Except where some question of Law is raised for the deter- mination of the Court, as hereinafter mentioned, the Judges of the Supreme Court for the time being shall try alternately, without a jury, the Election Petitions standing for trial under this Act, unless they otherwise agree among them- selves, in which case the trial of each Election Petition shall be taken in manner provided by such agreement; and every Election Petition shall, except where it raises a question of Law for the determination of.the Court, as hereinafter men- tioned, be tried by such Judge as aforesaid, hereinafter referred to as the Judge sitting in open Court, without a jujy. (2.) Notice of the time and place at which an Election Petition shall bo tried, shall be given not less than fourteen days before the day on which the trial is held in the prescribed manner. (3.) The trial of an Election Petition shall take place before such Judge as aforesaid, in Victoria. Praivided, always, that if •it shall appear to the Court that special circumstances exist, which render it desirable that the Petition shall be tried in the Electoral District to which such Petition relates, or else- where, it shall be lawful for the Court to appoint such place f.)r the trial as shall appear most convenient. 614 [34 Vict.] Trial of Controveiied Meoiions. [No. 167.} (4.) The Judge presiding at the trial may adjourn the same from a.D. 1871. time to time, and from any one place to any other place, as to him may seem expedient. (5.) At the conclusion of the trial, the Judge who tried the Peti- tion shall determine whether the Member whose Return or Election is complained of, or any and what other person was duly returned or elected, or whether the Election was void ; and shall forthwith certify in writing such determination to the Speaker, and upon such certificate being given, such determination shall be final to all intents and purposes. Where any charge is made in an Election Petition of any corrupt practice having been committed at the Election to which the Petition refers, the Judge shall, in addition to such certifi- cate, and at the same time, report in writing to the Speaker, as follows : — (a.) "Whether any corrupt practice has or has not been proved to have been committed, by or with the knowledge and consent of any Candidate at such Election, and the nature of such corrupt practice. (6.) The names of all persons (if any) who have been proved at at the trial to have been guilty of any corrupt practice. (c.) "Whether corrupt practices have, or whether there is reason to believe that corrupt practices have extensively prevailed at the Election to which the Petition relates. (6,) The Judge may at the same time make a special report to the Speaker as to any matters arising in the course of the trial, an account of which in his judgment ought to be sub- mitted to the Legislative Council. (7.) "Where upon the application of any party to a Petition, made in the prescribed manner to the Court, it appears to the Court that the case raised by the Petition can be con- veniently stated as a special case, the Court may direct the same to be stated accordingly, and any such special case shall, as far as may be, be heard before the Court, and the decision of the Court shall be final; and the Court shall certify to the Speaker its determination in reference to such special ease. 12. Provided always, that if it shall appear to the Judge, on the Applications to the trialof the said Petition, that, any question or questions of law as ^,°^1b. "'^*°"°^ to the admissibility of evidence or otherwise require further con- sideration by the Supreme Court, then it shall be lawful for the said Judge to postpone the granting of the said Certificate until the determination of. such question or questions by the Court, and for this purpose to reserve any such question or questions in like man- ner as questions are usually reserved by a Judge on a trial at nisi prius in England, 615 [No. 167.] Triai of Controverted Meciions. [34 tlGT.] A.D. 1871. Council to carry out Beport. Council may make order ou Special Beport. Beport of Judge, with evidence, to be 13. The Legislative Council oh being iuformed by the Speaker of such Certificate and Report or Reports, if any, shall order the same to be entered in their Journals, and shall give the necessary directions for confirming or altering the Return, or for issuing a ■^^rit for a new Election, or for carrying the determination into execution, as circumstances may require. 14. "Where the Judge makes a Special Report, the Legislative Council may make such order in respect to such Special Report as they think proper. 15. Wtere the Judge has reported to the Legislative Council lald^beforrittorne^ *^^* Certain persons named by him have been gnilty of corrupt General, for prose- practices, and have not been furnished by him with Certificates of cution. Indemnity, such Report, with the evidence taken by the Judge, shall be laid before the Attorney General with a view to his insti- tuting a prosecution against such persons, if the evidence should in his opinion be sufficient to support a prosecution. Evidence of corrupt 16. On the trial of an Election Petition under this Act, unless cefved!^' °^ ^^' ^^^ Judge otherwise directs, any charge of a corrupt practice may be gone intq, and evidence in relation thereto received, before any proof has been given of agency on the part of any Candidate in respect of such corrupt practice. Acceptance of office 17. The trial of an Election Petition under this Act shall be not to stop petition, proceeded with notwithstanding the acceptance by the Respondent of an office of profit under the Crown. 18. The trial of an Election Petition under this Act shall be proceeded with notwithstanding the prorogation of the Legislative Council. ' Prorogation of Council. Form of petition. Service of petition. Joint respondents to . petition. Provision in cases where more than one petition is pre- sented. 19. An Election Petition under this Act shall be in such form and state such matters as may be prescribed. 20. An Election Petition under this Act shall be served as nearly as may be in the manner in which a writ or summons is served, or in such other manner as may be prescribed.. 21. Two or more Candidates may be made Respondents to the same Petition, and their case rnay, for the sake of convenience, be tried at the same time; but for all the purposes of this Act such Petition shall be deemed to be a a separate Petition against each Respondent. 22. Where under this Act more Petitions than one are presented relating to the same Election or Return, all such Petitions shall in the Election List be bracketed together, and shall be dealt with as one Petition ; but such Petitions shall stand in the Election List in the place where the last of such Petitions would have stood if it had been the only Petition presented, unless the Court shall other- wise direct. 616 [34 Vict.] Trial of Controverted Mectivm. [No.^ 167. J 23. On the trial of an Election Petition undex this Act, a short- a.D. 1871. hand writer shall, on an order of the Governor in Council being „„ ,, ~r~ ., ^ T ■!•■,•■■■ ni-r-i Shorthand writer tot made tor that purpose, attend, and shall be sworn by the Judge attend trial of Blec- faithfully and truly to take down the evidence given at the trial, f^°of Goy°eri^r-'"^' and from time to time, as occasion requires, to write or cause the same to be written in words at length ; and it shall be the duty of Such shorthand writer to take down such evidence, and from time to time to write or cause the same to be written at length, but if no such shorthand writer be employed, then the evidence shall be taken down in such manner as the Court shall direct ; and a copy of the evidence taken shall accompany the Certificate made by the Judge to the Speaker ; and the expenses incurred under this section shall be deemed to be part of the expenses incurred in carrying out this Act. 24. The Judges of the Supreme Court may from time to time Rules to be made &y make, and may from time to time revoke and alter. General Rules ^°"'^'' and Orders (in this Act referred to as the Rules of the Court) for the effectual execution of this Act, and of the intention and otgect thereof, and the regulation of the practice, procedure, and costs of Election Petitions, and the trial thereof, and the certifying and reporting thereon. Any General Rules and Orders made as aforesaid shall be deemed to he within the powers conferred by this Act, and shall be, of the same fprce as if they were enacted in the body of this Act. Any General Rules and Orders, made in pursuance of this section, shall be laid before the Legislative Council within three ■^F^eks after they are made, if the Council be then sitting, and if the Council be not then sitting within three weeks after the beginning of the then next session of the Council. 25. Until Rules of Court have been made in pursuance of this Provisions until Act, and so far as such Rales do not extend, the Rules framed in ^^^e.^"^*^ *^ England under "The Parliamentary Election Act, 1868," and so far as such last mentioned Rules do not extend, the principles, practice, and rules on which Committees of the House of Commons in Eng- land had theretofore acted in dealing with Election Petitions, shall be observed so far as may be by the Court and Judge in the case of Election Petitions under this Act. 26. The duties to be performed by the prescribed Officer under Performance of do- thia Act, shall be performed by the Registrar or Deputy Registrar Q^cer. P^^^"'^^* of the Supreme Court as may be determined by, the Chief Justice of the said Court; and there shall be arwarded to such Registrar or Eemuneration, Deputy Registrar, in addition to his existing, Salary, such remuner- ation for the performance of the duties imposed on him in pursuance ofthis Act, as the Chief Justice of the said Court may, with the consent of the Governor in Council, determine; and the amount so awarded shall be deemed to be part'of the expenses incurred im carrying out this Act, 617 A.D. 1871. Power of Judge. Attendance on Judge, Expenses, &c. Summons of wit- nesses. Judge may summon and examine wit- . Indemnity to wit- nesses. [Ko. 167.] 2VW 0/ Controverted MectionS. t^4 Vict.] 27. On the trial of an Election Petition under this Act, the Judge shall, subject to the provisions of this Act, have the same powers, jurisdiction, and authority, as when sitting for the trial of civil or criminal cases, and the Court' held by him shall be a Court of Eecord. 28. The Judge shall be attended on the trial of an Election^ Petition under this Act, in the same manner, and shall have the same allowance for travelling and other expenses, from time to time, as if he were sitting foir the trial of civil or criminal cases, and the expenses of such attendance, and the travelling and other expenses and allowances of the Judge shall be deemed to be part of the expenses incurred under this Act. 29. Witnesses shall be subpoenaed and sworn in the same manner, as nearly as circumstances admit, as in a trial of a civil case, and shall be subject to the same penalties for pequry. 30. On the trial of an Election Petition under this Act, the Judge may, by order under his hand, compel the attendance of any per- son as a witness who appears to him to have been concerned in the election to which the Petition refers; and any person refusing to obey such order shall be guilty of contempt of Court. The Judge may examine any witness so compelled to attend, or any person in Court, although such witness is not called and ex- amined by any party to the Petition, After the examination of a witness as aforesaid by a Judge, such witness may be cross-examined by or on behalf of the Petitioner and Respondent, or either of them. 31. E"o person who is called as a witness before any Judge on the trial of an Election Petition under this Act, shall be excused from answering any question relating to any corrupt practice at or connected with any Election forming the subject of such enquiry by such Judge, on the ground that the answer thereto may crim- inate or tend to criminate himself. Provided, always, that where any witness shall answer every question relating to the matters aforesaid, which he shall be required by such Judge to answer, and the answer to which may criininate or tend to criminate him, he shall be entitled to receive from the Judge a Certificate under the hand of such Judge, stating that such witness was, upon his ex- amination, required by the said Judge to answer questions or a question relating to the matters aforesaid, the answers or answer to which criminated or tended to criminate him, and had answered all such questions or such question; and if any inforniation, indictment, or action, be at any time thereafter pending in any Court against such witness, for any offence under " The Corrupt Practices Pre- vention Act, 1871," or any other Law in force in this Colony, or for which he might have been prosecuted under the said Act, or under any other Law as aforesaid, committed by him previously to the time of his giving his evidence, and at or in relation to the 618 [34 Vict.] HViat of Controverted Elections, [No. I67j • Election concerning or in relation to which the witness may have ^ jy xgyj, been so examined, the Court shall, on production and proof of such — ^ Certificate, stay the proceedings in such last mentioned information, indictment, or action, and may at its discretion award to such witness such costs as he may have been put to in such information, indictment, or action. Provided, that no statement made by any per- son in answer to any question put by such Judge shall, except in cases of indictments for perjury, be admissible in evidence in any proceeding, civil or criminal. 32. The reasonable expenses incurred by any person in appearing Eipenses of wit- to give evidence at the trial of an Election Petition tinder this Act, "^"s*^. according to the scale allowed to witnesses on the trial of civil actions, may be allowed to such person by a Certificate under the hand of the Judge or of the prescribed Officer, and such expenses, if the witness was called and examined by the Judge, shall be deemed part of the expenses incurred under this Act, and in other cases shall be deemed to be costs of the Petition. 33. Upon its appearing to any such Judge, from the nature of j^age may ftppoint the case and the number of witnesses to be examined relative to * Commissioner to , examine tritnesseg. any particular allegation or allegations in the Election Petition, that the same cannot be efl[ectually enquired into before such Judge without great inconvenience and expense to the parties or either of them, the said Judge may, upon application of any of the parties before the said Judge at any period during the course of hie pro- ceedings upon such Petition, make an order for the nomination and appointment of a Commission to examine witnesses iu the manner prescribed. The Commission shall be directed to such person as the said Judge shall appoint for the purpose, and the powers and authorities of the Commissioner, the proceedings_^before such Com- missioner, and the return of the Commissioner, shall all be as prescribed; and the expenses attending the execution of such Com- mission shall be considered as expenses incurred under this Act. 34. An Election Petition under this Act shall not be withdrawn -vjrithdrawal of Peti- without leave of the Court or Judge, upon special application to be tjon, and substitn- , . - .... ,, tion of new Petiti- made m, and at the prescribed manner, time, and place, oners, No such application shall be made for the withdrawal of a Petition until the prescribed notice has been given in the Electoral District to which the Petition refetes, of the intention of the Petitioner to make an applictiOn for the withdrawal of his Petition. On the hearing of the application for withdrawal, any person who might have been a Petitioner in respect of the Election to which the Petition relates, may apply to the Court or Judge to be sub- stituted as aPetitionerforthe Petitioner so desirous of withdrawing the Petition. The Court or Judge may, if it or he think fit, substitute as a Petitioner any such applicant as aforesaid, and may further, if the 619 tS'o. le?.] Trial of Cdntroverted Ekctims. [34 VidT.] AJ). 1871. proposed withdrato-al is in the opinion of the Court or Jud^e in- duced by corrupt bargain or consideration, by order direct that the security givein on behalf of the original Petitioner shall remain as security for any costs that may be incurred by the substituted Petitioner, and that to the extent of the sum named in such security, the original Petitioner shall be liable to pay the costs of the sub- stituted Petitioner. If no such order is inade with respect to the security given oh behalf of the original Petitioner, security to the same amount as would be required in the case of a new Petition, and subject to the like conditions, shall be given on behalf of the substituted Petitioner before hfe proceeds with his Petition, and wiliiin the prescribed time after the order of substitution. Subject as af6resaid, a substituted Petitioner shall stand in the same position as nearly as may be, and be subject to the same liabilities, as the original Petitioneri If a Petition is withdraWtt, the Petitioner shall be liable to pay the costs of the Respondent. Where there are more Petitioners than one, no application to withdraw a Petition shall be made, except with the consent of all the Petitioners. Court to report to 35. In eVery case of the withdrawal of an Election Petition under KwUhSr *^i3 ^°*» *^® Court or Judge shall report to the Speaker whether, in its Or his opinibn, the withdrawial of such Petition was the result of any (Sbrrupt arrangement, or in consideration of the withdrawal of any other Petition, and if so, the circumstances attending the withdrawal. Abatement of Peti- 36. An Election Petition under this Act shall be abated by the '°°' death ot a sole Petitioner or of the survivor of several Petitioners. The abatement of a Petition shall not aflect the liability of the Petitioner to the payment of costs previously incurred. On the abatement of a Petition, the prescribed notice of such abatement having taken place shall be given in the Electoral Dis- trict to which tiies Petition related ; and within the prescribed time after the notice is given any person who might have been a Petitioner in respect of the Election to which the Petition relates, may apply to the Court or Judge in, and at the prescribed manneir, time, and place to be substituted as a Petitioner. The Court or Judge may, if it or he think fit, substitute as a Petitioner any. such applicant who is desirous of being substituted, and on whose behalf security to the same amount is given as is required in the case of a new Petition. Admission, in cer- 37. If, before the trial of any Election Petition under this Actj tain cases, of Vo- any of the following events happen in the case of any Member dents. whose Election or Return is complained of (that is to say) :^ 620 [34 Vict,] Trid of Controverted Eketions. [Ko. 167.] (1.) If lie dies: A.D. 1871. (2.) If the Legislative Council have resolved that his seat is ~ vacant: (3.) If he gives in, and at the prescribed manner and time, notice to the Court that he does not intend to oppose the Petition. Notice of such event having taken place shall be given in the Electoral District to which the Petition relates, and within the prescribed time after the notice is given, any person who might have been a Petitioner in respect of the Election to which the Petition relates, may apply to the Court or Judge to be admitted as a Eespondent to oppose the Petition, and such person shall on such application be admitted accordingly, either with the Respondent, if there be a Kespondeut, or in place of the Respondent and any number of persons not exceeding three may be so admitted. 38. A Respondent who has given the prescribed notice that he Respondent not op- does not intend to oppose the Petition, shall not be allowed to p°^*°s not to appear ... as party, or to sit. appear or act as a party against such Petition in any proceedings thereon, and shall not sit or vote in the Legislative Council until the Certificate and report or reports (if any) of the Court or Judge Exceptions. have been entered on the Journals of the Legislative Council as aforesaid, and the Council have given a decision therein in favour of such Respondent; and the Court or Judge shall, in all cases in which such notice has been given in the prescribed time and manner, report the same to the Speaker of the Legislative Council. 39. All costs, charges, and expenses of and incidental to the General costs of presentation of a Petition under this Act, and to the proceedings ^^*'*^'°°' consequent thefeon, with the exception of such costs, charges, and expenses, as are by this Act otherwise provided for, shall be de- frayed by the parties to the Petition, in such manner and in such proportions as the Court or Judge may determine, regard being had to the disallow-ance of any costs, charges, and expenses, which may in the opinion of the Court or Judge have been caused by vexatious conduct, unfounded allegations, or unfounded objections, on the'part either of the Petitioner or the Respondent, and regard being had to the discouragement of any needless expense by throw- ing the burden of defraying the same on the parties by whom it has been caused, whether such parties are or are not on the whole successful. The costs may be taxed in the prescribed manner, but according to the same principles as costs between Attorney and Client are taxed in a suit in the Court of Chancery; and such costs may be recovered in the same manner as the costs of an action at Law, or in such other manner as may be prescribed. 40. If any Petitioner in an Election Petition presented under Recogaizance when this Act, neglects or refuses for the space of six months after de- *« be estreated, &o. mand, to pay to any person summoned as a witness on his behalf 621 [Ko, 167.] Trial of Controverted Ekctiofis. [34 VicHi] A.D. 1871. o^ to tlis Keapondeat, any sum certified to be due to him for bis costs, charges, and expenses; and if such neglect or refusal be within one year after such demand, proved to the satisfaction of the Supreme Court, in every such case every person who has entered into a recognizance relating to such Petition under the provisions of this Act, shall be held to have made default in his said recog- nizance, and the prescribed Officer shall thereupon certify such recognizance to be forfeited, and the same shall be dealt with in manner provided by the Act of the United Kingdom of Great Britain and Ireland, of the third year of the reign of King George the Fourth, chapter forty-six, or as near thereto as local circum- stances will permit. PuniBhment of Can- 41. Where it is found by the report of the Judge upon an Election bribery? "' ^ " Petition under this Act, that Bribery has been committed by or with the knowledge and consent of any Candidate at an Election, such Candidate shall be deemed to have been personally guilty of bribery at such Election, and his Election if he has been Elected shall be void, and he shall be incapable of being Elected to and of sitting in the Legislature, during the seven years next after the date of his being found guilty, and he shall further be incapable during the said period of seven years, (1.) Of being registered as a Voter, and voting at^any Election in British Columbia; and (2.) Of holding any Municipal office ; and (3.) Of holding any Judicial office; and of being appointed and of acting as a Justice of the Peace. Penalty for jempioy- 42. If on the trial of any Election Petition under this Act, any ing corrupt agent. Candidate is proved to have personally engaged at the Election to which such Petition relates, as a Canvasser or Agent for the man- agement of the Election, any person knowing that such person has within sevenyears previous to such engagement been found guilty of any corrupt practice by any competent legal tribunal, or been reported guilty of any corrupt practice by the report ■ of the Judge upon an |Election Petition under this Act, the Election of such Candidate shall be void. DUqnalification of 43. Any person, other than a Candidate, found guilty of bribery bribery, jjj g^y proceeding in which, after notice of the charge, he has had an opportunity of being heard, shall, during the seven years next after the time at which he is so found guilty, be incapable of being elected to and sitting in the Legislative Council, and also be inca- pable (1.) Of being registered as a Voter, and voting at any Election in British Columbia; and (2.) Of holding any Municipal office ; and (3.) Of holding any Judicial office; and of being appointed and of acting as a Justice of the Peace. 622 [34 Vict.] Tried of Cmtoverted Electioni. [No. 167-] 44. For the putpose of disqualifying, in pursuance of the 18th ^ j) i%i\. Section of "The Corrupt Practices Prevention Act, 1871," a Mem- . — ber guilty of corrupt practices, othe:. than personal bribery within uon of Members" for the 4l8t Section of this Act, the report of the Judge on the trial of corrupt practices, , an Election Petition, shall be deemed to be competent authority T.itbin the meaning of the said Act, and the said Section shall be construed as it the words "reported by a Judge on the trial of an Election Petition " were inserted therein, in place of the words "declared by any competent authority." 45. If, at any time, after any person has become disqualified by Removal of disquai- virtue of this Act, the witnesses, or any of them, on whose testi- ihat disqualification mony such person shall have so become disqualified, shall, upon the ■was procured by prosecution of such person, be convicted of peijury in respect of such testimony, it shall be lawful for such person to move the Court to order, and the Court shall, upon being satisfied that such disqualification was procured by reason of perjury, order that such disiqualification shall thenceforth cease and determine, and the same shall cease and determine accordingly. 46. If any Returning Officer wilfully delays, neglects, or refuses Returning Officer duly to return any person who ought to be returned to serve in the ne^ectlngX^ return Council for any Electoral Bistrict, such person may, in case it has any person duly been determined on the hearing of an Election Petition under this Act that such person was entitled to have been returned, sue the Officer having so wilfully delayed, neglected, or refused duly to make such return at his Election, in the Supreme Court, and shall recover double the damages he has sustained by reason thereof, together with full costs of suit; provided, such action be commen- ced within one year after the commission of the act on which it is grounded, or within six months after the conclusion of the trial relating to such Election. 47. In reckoning time for the purposes of this Act, Sunday, Calculation of time. Christmas Day, and Good Friday, and any day set apart for a pub- lic holiday shall be excluded. 48. Where an Election Petition under this Act complains of the Returning Officer, if conduct of a Returning Officer, such Returning Officer shall for all ^'^^pP^Xnl"^' *° ^^ the purposes of this Act, except the admission of Respondents in his place, be deemed to be a Respondent. 49. A Petition under this Act complaining of no return, may be petition complain- presented to the Court, and shall be deemed to be an Election ing of no Return, fetition within the meaning of this Act, and the Court may make such order thereon as they think expedient for compelling a return to be made, or may allow such Petition to be heard by the Judge ia manaer hereinbefore provided with respect to ordinary Election Petitions. 50. On the trial of a Petition under this Act, complaining of an Eecrimination when undue return, and claiming the seat for some person, the Respon- Petmon for undue [N^o. 167.] Trial of Controverted Elections. [34 Vict.] A.D. 1871. d^°* ^^^.y give evidence to prove that the Election of such person was undae, in the same manner as if he had presented a Petition complaining of such Election. Commissioners to 51. K upon a Petition to the Council, presented within twenty- pMctices°*° ""''"'"P* one days after the return, to the Registrar of the Supreme Court, of a Member to serve in the Council for any Electoral District, or within fourteen days after the meeting of the Council, and signed by two or more Electors of such District, and alleging that corrupt practices have extensively prevailed at the then last Election for such District, or that there is reason to believe that corrupt prac- tices have there so prevailed, or if upon the Judge making a Report to that effect to the Council, as hereinbefore provided, an address be presented by the Council to the Governior, praying that such allegation may be inquired into, the Grovernor may. appoint Com- missioners to enquire into the same, and if such Commissioners in such case be appointed, they shall inquire in the same manner, and with the same powers, and subject to all the provisions of the Statute of the Parliament of Great Britain and Ireland of the 15th and 16th of Victoria, Chapter 57, or as near thereto as cir- cumstances will permit, until the Legislature of this Colony shall see fit to make provision for the regulation, of such enquiries. eorernor authori- 52. The Governor in Council is hereby authorized to defray all zed to defray expen- expenses incurred under this Act, and also the expenses attending the execution of any such Commission as last aforesaid, \>y his warrant to the proper officer of the Treasury. No Petition to be 53. 'So Election Petition shall be presented under this Act until EiSrifterRelis- ^^^ ^^^^ Election shall be held after the Register of Voters, under ter of Voters com- « The Qualification and Registration of Voters' Act, 1871," is com- pleted and delivered to the Returning Otficer as in the said Act is provided in that behalf, and until such first Election takes place as aforesaid the Return of the Returning Officer to any Writ of Elec- tion shall be final and conclusive to all intents and purposes. Act to be taicen to 54. Tbis Act shall be taken to apply to " The Constitution Act, 'BtitutionAw'^mi''" 1871," passed in the present Session, if, and when the same comes into operation in this Colony, as fully and efeetually to all intents and purposes, as if "The Constitution Act, 1871," had been actually in operation upon the passing of this Act, and as if the words " Legislative Assembly " had been substituted for the words "Legislative Council" throughout this Act. Sfcort Title. 55. This Act may be cited for all purposes as "The Trial of Controverted Elections Act, 1871>" 6^ [34 Vict.] Cattle Exemption. pTo. 168.] No. 168. An Act to exempt (in certain cases) Cattle farmed on shares, A.D. 1871. and their increase, from the operation of any Bankruptcy or Insolvency Laws. [ZOth March, 1871.] WHiEREAS it is expedient that encouragement should be given Preamble, to the keeping and raising of Cattle in British Columbia: Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. In all cases where any person shall entrust another with Cattle Agreement to farm to be kept and farmed on shares by such other, and where the terld? ° ^ "^"' agreement between the said parties, or a true copy thereof, together with an affidavit by the parties to the agreement, of, the residence and also of the occupation (if any) of the parties to the agreement, and of the bona fide nature thereof, and of the number of each description ot animal so to be entrusted, and of the brand or other distinctive mark on each of the animals for the time being so en- trusted, and also of what the owner's brand or mark consists, is re- gistered by being left in the Office of the Registrar General of Titles in Victoria, if the Cattle referred to in the agreement is to be kept and farmed in Vancouver Island, or if the Cattle referred to in the agreement is to be kept and farmed in any other part of British Columbia, then by being left in the Office of the Stipendiary Magis- trate of the District in which the land on which the said Cattle are intended to be farmed and kept is situated, or in the Office of some other person appointed in that behalf, within thirty ' days after the delivery of the Cattle to the farmer, or within thirty days after the signing of the said agreement by either of the parties thereto whichever shall first happen. And where notice of the agreement After notice, Cattle shall within the thirty days aforesaid be given, in manner herein- ;" possession of * after provided, the Cattle and all substituted Cattle, and the share o-^ner. or interest of the owner of the Cattle and substituted Cattle, in the increase thereof respectively, shall be deemed to be in posses- sion of such owner, and shall not be affected by any Law now or hereafter to be in force in British Columbia relating to Bankruptcy or Insolvency, in cousequence of the farmer or other person in whose actual possession the same may be, being the reputed owner thereof Provided, that no substituted Cattle shall be protected from the operation of any such Law, unless such Cattle shall have been branded or marked before the time at which any such Law would otherwise affect the same. 2. Substituted Cattle shall not be deemed to have been branded Substituted Cattle to 625 [No. 168.] CaiHe Mcmiptim. [84 Vict.] AD. 1871. or marked, until branded or marked with the brand or mark men- tioned in the affidavit to be registered &b aforesaid, as being the scribed in affidavit, brand or mark of the owner of the Cattle described in the affidavit. Form of affidavit to 3. The affidavit aforesaid may be in the Form marked A,, in menT^*"^ '^'*^' t^^ St3hedule hereto, afid toay be takfen by and be made bfefor^ Ihe Efegisttii* General, or Stipendiary Magistrate, or other person as aforesaid, or by and before any Judge, Justice of the Peace, Eegis- trai-j Deputy Registrar, or Clerk of a Court having a seal, or by and before any Notary Public practising within the Colony; and False oath'^pufiiiif. any, person "making a false affidavit shall be deemed guilty of per- jury, and may be "punlshfed accordingly. Notice to be adver- 4. Every notice required by this Act shall, before the expiration *'^^^' of the time prescribed for the giving of such notice, be advertised fot one week, at least, in one or more of the daily or other news- papers published in Vancouver Islsi/ndi, or other part of the Colony as aforesaid; and the notice shall- be h^.ded <' Cattle farmed on Shares," and may b* in the Foriii Bi, in the Schedule hereto; but there shall be set forth th-ereia th« date ■of the agreement, , the names and places of abode of the parties therebo, and also the name of the farimet-^ and the niambier of each diesciription of Cattle to be farmed. Registrar General to 6. A list of all su«h agreements as are in force, shall be pub- meats^ in^ Govern-" Ushed in the Government Gazette, during the month of Januai;y in ment Gazette. each year, by the Registrar General, Provision as to Cat- 6. In cases where by any agreement, or a copy whereof, is at time of registra- registered Under this Act, a certain number of Cattle is agreed to *'°"- be eutrusted as aforesaid, and such Cattle shall not have been ■'J entrusted to the farmer at tlie time of the registering of the agree- ment, or copy thereof, and described in the affidavit registered therewith, the Cattle aforesaid, which shall at any time or times thereafter be entrusted in pursuance of the agreement, and shall be described by the parties thereto in an affidavit registered in the Office aforesaid, shall not be affected by any Law aforesaid relative to Bankruptcy or Insolvency, in consequence of the farmer or other person, in whose actual possession the same may be, being the reputed owner thereof, if the affixiavit (which may be in the Form C, in the. Schedule hereto) is registered in the Office afore- said, with] n thirty days after the entrusting of any of the Cattle which shall have been subsequently entrusted, and the number of each description of Cattle intended to be thereby protected, and the date of the entrusting of tbe same respectively, and also the brand or other distinctive mark on each animal is set forth in the affidavit, , Registrar General to 7, -phe Said Registrar General, and every Stipendiary Magistralte, enter particulars of ° ' i • • i, agreement iu Regis- and other persoH as aforesaid, immediately on ireceivmg any such ter. g26 [34 ViCR] CatUe Exemption. Pfo. 168,] agreement (or copy thereof) and affidavit for registration, shall ^_j)_ 1871. enter particulars thereof in a Register to be kept by him for that purpose, and such entry shall be jnade in FofiA i}.,iii the Scliedule Form, hereto. 8. "When such agreement, of copy thereof, with affidavit as Agreement and copy aforesaid, is left in the Office of the Stipendiary Magistrate, or g°3traKnd 'fcS' other person as aforesaid, the agreement shall not be deemed to to be sent to Regis-" have been registered until a copy of the documents intended to be "^^"^ ^^^^^ ' registered shall also have been left in the same Office, and such copy shall, when received, be forwarded by the first opportunity, free of charge, by the Magistrate, or other person as aforesaid, to the Registrar General, to be deposited in his Office. 9. The said Registrar General, and ^yery Stipendiary Magistrate, Fees for registrar and other person as aforesaid, shall be entitled to receive for regis- "'"' tering every agreement, or a copy "thereof, and affidavit as afore- said (including the taking of any affidavit) the sum of two dollars, and no more; and any person shall be entitled to search the Search. Register on payment of the sum of twenty-five cents for each search. 10. The Registrar General and Stipendiajy. Magistp9,te and index books to be other person appointed as aforesaid, shall keep an Index Book ^^^^ of pTrsfns ehowing, in alphabetical order, the names of all farmers holding holding Oattie un- Cattle under agreements registered in his. office, and th« Registrar General shall also keep an Index Book in manner aforesaid, of all duplicates of agreements or copies as aforesaid, transmitted to him as hereinbefore provided. 11. Any ^agreement may be cancelled ''on application of the Provision as to can- parties thereto, or on an order to be obtained for that purpose from ^^g^j*""" °^ *2"*' a Judge of the Supreme or County Courf;, who is hereby authorized to make such order, in such manner, and on such terms as he shall IMnk fit. The production of an office copy of such order, shall be sufficient authority for the proper Officer to enter a memorandum of can- eellation on any agreement, or copy thereof, as aforesaid. If Every such order shall be filed by the Officer aforesaid, and a j,gg_ fee of fifty cents charged therefor. 12. In the canstruction of this Act the word "Cattle" shall interpretation extend to and include horses, mar«s, fillies, foals, geldings, colts. Clause, bulls, bullocks, cows,, heifers, steers, calves, sheep,, pigs, mules, and asses. ' 1? The word " Farmer" shall mean and include any person to whom Cattle shall be entrusted to be kept and farmed on shares. The word "Substituted Cattle" shall mean and include any 627 [ITow 168.] GaMe J^emp^. [34 Viox.] KXt. 1871. Cattle substituted for any of the Cattle which shall have been entrusted to a farmer for the purposes aforesaid. the word "Increase" shall mean and include the issue of "Cattle" and of "Substituted Cattle," or of either. Short Title. 13, This Act may be cited as the "Cattie Exemption Act, 1871." SCHEDULE. Form A. I, of make oath and say as follows : — 1. T?he agreement \pr a copy whereof u\ hereto annexed, and marked A., was signed by us -4.' 5. on the day of 18 , and G. D., on the day of 18 ) and I the said A» B., then resided at , and was * , and the said C. D,, then resided at , and wasf as I 2. The Cattle to be farmed by , of , on the terms in the agreement mentioned are cows, bulls, and ; of this Cattle cows only had up to and inclusive of the day of , been entrusted to the said 3. And we the said further make oath and say that the Cattle aforesaid was, at the date of the execution ,of the said agreement, the absolute property of me the said , and was and is bona fide intended to be farmed according to the true meaning of the said agreement. 4. The animals which have been so entrusted, are respectively branded or marked as follows: — \set forth the brand or descriptive mwrh on each animal.'] The brand of the said is Bhd (his) mark is * If not in any business or employment state so. f City, District, or Island) or otherwise, as the case may bei 628 [34 ViOT.] Cattle Exemption. FOKM B. Cattle Farmed on Shares. NOTICE OF AaREEMENT. [No. 168.] PABTIES. CATTLE. FABUEB. Name. Residence. Occupation. Date. No. of each description. Name of (Signed) A. B., CD. Form. C. I, of . make oath and say as follows : — 1. The Cattle entrusted to the keeping of G. D., on the day of 18 , and on the day of 18 , to be farmed by him on the terms of the agreement (dated the day of , and made between A. B. and 0. D.,) Registered in the Office of on the day of , are cows, bulls, and sheep. 2. The animals which' have been so entrusted are respectively branded or marked as follows:— [se«/o»-«& the brand or descriptive mark on each animal'] 3. The brand of the said A. B., is and (his) mark is Sworn before me, this day of 18 A.D. 1871. 629 INDEX TO THE LAWS OF THE COLONY OF BRITISH COLUMBIA, IN FORCE AT THE DATE OF UNIOIir WITH CAJSTADA. A. No. in this Acknowledgment of Deeds. See Land Eegistet. ° '™°' Actions. See Limitations, Statute of. Aitidavits; for appointment of Commissioners to take Affidavits and Bail 110 Aliens; to declare Eights of Aliens and to provide for their JSTaturalizatioin 93 Appeopeiation Acts; to appropriate the sum of $347,535-.01 for the service of the year 1871 ; I45 to grant a Supplemental Supply for the year 1870 '148 Associations. See Societies. B. Bail. See Affidavits. Banks and Banking; to prevent the issue of Bank Notes except by Chartered Banks, or Banks authorized by Legislature of Vancouver Island 18 to provide for the publication of the Assets and Liabilities of Banks in Vancouver Island 19 for the establishment and regulation of Savings Banks 107 Bankeuptci and Insolvency ; to declare the Law relating to Bankruptcy and Insolvency in Vancouver Island 6 ■ to amend the Laws relating to Bankruptcy and Insolvency in British Columbia 59 ■ to exempt Cattle farmed on shares from the operation of the Bankruptcy Ij^ws 168 Baeristees and Attoeneys ; to regulate the admission of Barristers and Attor- neys in British Columbia 47 to allow Barristers and Attorneys and Notaries Public, in Vancouver Island to practice in British Columbia, and to make provision for Articled Clerks 73 to regulate the admission of Barristers and Attorneys, and to extend the provisions of Act JSTo. 47 to the United Colony 81 — — • to extend the pro-visions of Act No. 73 to Vancouver Island 102 Birds; to prevent the destruction of Small Birds '. 12 Bills op Sale; to provide for the Eegistration of Bills of Sale 142 631 Ivdex. Ko. in thia Volume. Bridges; protection of 1 & 17 for the regulation of Femes and Bridges, and to enforce the payment of Tolls 72 BarDGE; for the construction of a Toll Bridge across Thompson Eiver 51&106 BtriLDiNGS ; no person to erect Wooden Buildings of more than one story in the Town of Victoria 8 Burials. See Cemeteries. c. CattIiE ; to exempt Cattle farmed on shares from the operation of the Bankruptcy Laws 168 Cattle Stealing; for the protection of Cattle and the prevention of Cattle stealing 114 Cemeteries; to make regulations for the establishment and management of Cemeteries : 141 Charitable Societies. See Societies. Charters; to enable the Governor to grant Charters for Tolls 159 Churches ; Proclamation respecting grants of land to Eoman Catholic Bishop of British Columbia 34 Civil List; to provide for a permanent Civil List 160 Commissioners ; for the appointment of Commissioners to take Affidavits and Bail 110 to revise the Laws of the Colony 163 See Tax Sales. See Savings Banks. Common Law Procedure; to make applicable the Common Law Procedure Acts 120 Companies ; An Act to incorporate the Victoria Gas Company 2 for the protection of Members of Fire Companies in Victoria 3 to confer certain privileges on the Williams Creek Bed-rock Flume Co.... 67 ■ to enable the Queen Charlotte Coal Mining Company to change their registered office.. ..'. 109 ■ to exempt the Lane and Kurtz Cariboo Mining Company from certain Duties and Tolls 146 See Incorporations. Companies, Joint Stock ; to amend the Law relating to Joint Stock Companies in British Columbia :. 65 ; extending the same tp Vancouver Island 129 Constitution Act; to amend and alter the Constitution of the Colony 147 •Corporations; to incorporate the Congregation Emanuel of Victoria 23 See Incorporations ; Companies ; Societies ; Institutions. CouKTY Court. See Courts County. Courts, Supreme; Order of Court regulating the admission of Barristers and Attorneys.... 27 — -'—Proclamation declaring the Constitution of the Supreme Court of Civil Justice of British Columbia .' 28 ■■ ■ ■ to regulate the Fees in the Supreme Court, and the duties of certain Officers therein ..; .' 60 632 Index. Wo. in this . to declare the powers of the two Supreme Courts before the tTnion of the Colonies 99 to regulate the Fees of the Supreme Court 139 to regulate the Supreme Courts of the Colony, and to provide for th^ir merger and the appointment of a Puisne Judge 112 to remove doubts as to the merger of the Supreme Courts 135 : CoTJETS, County ; to regulate the procedure of County Courts 95 ■ to declare the powers of Commitment 126 to provide for the removal of claims to Supreme Court, and for Appeals.. 137 Ceown Geants; to facilitate the issue of Crown Grants to land 131 Ceown Lands ; to amend and Consolidate the Laws affecting Crown Lands 144 Ceown Ofpicees ; respecting the Salaries of Crown Officers in British Columbia 50 Cueeency; to regulate the Currency and to establish a Decimal System of Accounts 82 Customs, Duties op; Duties on goods imported by way of the Southern Boundary 33 to levy Port Dues at New Westminster 56 to extend the Customs Laws of British Columbia to Vancouver Island ... 78 '-- to regulate the Customs Duties of British Columbia 79 to impose an additional Duty on Spirits I34 — to provide for Eepeal of Customs Act No. 134 163 D. Debentuees; to authorize the issue of Debentures for the sum of ^640,000 to im- prove Victoria Harbour and to construct Eoads in V. I 10 to authorize the issue of Debentures to secure the sum of £15,000 bor- rowed for the construction of public works in Vancouver Island 11 — : — to authorize the issue of Debentures for the sum of- $90,000 for certain purposes in Vancouver Island 24 to authorize the issue of Debentures for the sum of £50,000 for the con- struction of Eoads in British Columbia 39 for the issue of Bonds to the amount of £30,000 for the completion of Eoads in British Columbia 42 ^to raise by loan the sum of £50,000 for the construction of Eoads in ^ V British Columbia 45 — to issue Bonds for the construction of Cooks Ferry and Clinton Eoad 48 to authorize Debentures for the sum of £100,000 for the construction of public. works in British Columbia 52 ■ to regulate the investment of Sinking Funds 60 ■ to authorize the issue of Debentures for short Temporary Loans, not to exceed 1150,000 80 to authorize a loan of £75,000, secured on the General Eevenue 138 Debt, Imprisonment FOR; to amend the Law of Arrest and Imprisonment for Debt in Vancouver Island 25 ■ respecting Arrest and Imprisonment for Debt in British Columbia 61 Decimal Accounts. See Currency. Deeds. See Land Eegistry. Desertion; to prevent Desertion from Merchant Ships 166 Distilleries; for the regulation of Distilleries 91 Ddties ; See Customs ; Excise. 6^3 Index. No. in this Volume. E. Education ; for the establishlnent of Common Schools throughout the Colony 122 & 132 Elections ; to amend the Law relating to the Qualification of Electors and Membefa 156' to regulate the Elections of Mejnbers of the Legislature 157 to prevent Bribery, Treating and Corrupt Practices at Elections 158 to make provisions for enquiring into Controverted Elections 167 Evidence; to provide for the taking of Oaths and Affirmations, and the Admis- sion of Evidence 74 Excise Laws ; for the regulation of Excise and Distilleries 91 F. Pees of Court. See Courts. Fencing op Land; to provide for the Fencing of Land, and the creation of Fence Districts 113 Pire ; to provide for the investigation of accidents by Fire, and for enquiring into the causes thereof 101 Fire Company; to protect Members of Fire Department in Victoria 3 to exempt them from Jury duties 22 to protect Members of Fire Companies in New Westminster 35 Fire Establishments ; to enable the Municipal Council of Victoria to establish a Fund for the support of Fire Establishments, and to impose a Fire Eate 121 FiEE Insurance ; to provide for the collection of a further Fire Eate by the Mu- nicipal Council of Victoria, from Fire Insurance Companies 154 Fire Limits; to establish Fire Limits in the town of Victoria 8 Fish; to prevent the use of Nets for taking Fish in Inland Waters 12 G. Game ; for preservation of Game and to prevent the destruction of Small Birds 12 & 133 Gas Company^ to incorporate the Victoria Gas Company 2 to enlarge the time for the establishment of works by the Victoria Gas Company , , 4& 7 Goats; to prevent Swine and Goats from running at large 5 Grants. See Crown Grants and Lands. Graves; to prevent the violation of Indian Graves 69 H. Harbour; to authorize the loan of £40,000 to make Eoads and improve Victoria Harbour 10 ' for the regulation of Harbours 92 Harbour Dues; to provide for the collection of Harbour and Tonnage Dues, and the regulation of the Coasting Trade ,.... 86.&105 Health, Public ; for the promotion of Public Health and the regulation of Sanitary matters 108 Homestead ; to exempt Homesteads and other property from forced seizure and sale ■ 77 634 IndeX, Ho. in this Volums- I. Incorpoeations J to incorporate the Emanuel of Vicrfcoria, Vancouver Island , 23' . See Companies ; Societies ; Instit¥Tions. Indians; to prevent the violation of Indian Graves ^. .j 69 for the admission of Indian testimony "'•'■■■ '•••• . 74 for prohibiting the sale-or gift of Intoxicating Liquoi'to Indians 85 to regulate Indian Keserves and give certain powers to Magistrates in relation thereto ,,.... 4. .ii... ...... 12& Insolvency ; See Bankbitptct. Institutions j to enable Eeligious Societies and Congregations to hold land for certain purposes , 124 See Companies ; Societies ; Incorporations. Interest; declaring legal rate of Interest 7l Intestacy; to authorize the Sale of the Eeal Estate of Intestates <;*... 103 Inventions ;" to authorize the grant of Patents for Inventions 75 Judgments, Eeqistration or. See Land Eegistry. Juries; to regulate the number of a Coroner's Jury in Vancouver Island 26 to exempt Members of Fire Department in Victoria from serving on Juries 22 . — for the regulation of Juries in British Columbia 30 Justice, Administration or. See Courts, Laws, &c. L. Lands ; to provide for the taking of Land for Public Works in Vancouver Island 13 for the remission of purchase money of Country Land to Officers of Her Majesty's Army and Navy 43 — ' to enable Eegligious Societies and Congregations to hold land for certain purposes • 124 to facilitate the issue of Crown Grants to land 131 ■ to amend and consolidate the Laws affecting Crown Lands 144 Land Clauses Consolidation Act, 1845, of the Imperial Parliament, made ap- plicable to Vancouver Island 1" Land Eegistry; to provide for the Eegistration of Titles to Land 143 Lane and Kurtz Cariboo Mining Company ; for the exemption from certain Duties and Tolls ■"• 1^6 Laws; to declare English Law in force, from 19th November, 1858, in B. C 70 to make applicable the English Common Law Procedure Acts 120 to-repeal certain Acts, Ordinances, and Proclamations 161 to provide for a New Edition of the Laws of the Colony 163 Legal Profession ; See Barristers and Attorneys. Legislature. See Elections and Constitution Act. * Libraries. See Societies. Licences; to regulate Tj-ade Licences and direct Taxes ; 76 to regulate the Coasting Trade and the payment of Coasting Licences ,...86 & 105 635 Index. No. in this Volume. Limitations, Statutes of ; Plea of Poteign Statute made a sufficient defence in certain cases '. 100 Loans, Public. See Debentures. Loan Societies. See Societies. M. Magistrates; to declare the powers of Stipendiary Magistrates 115 Marriage; for the regulation of the Solemnization of 89 Married "Women. See Wife. Mechanics' Institutes. See Societies. Medicine and Surgery; to provide for the Eegistration of Medical Practitioners 88 & 130 to encourage the study of Surgery and Anatomy , . , , 119 Merchant Ships. See Ships and Shipping. MiiiiTiA. See Volunteer Force. Mines and Minerals ; for the regulation of Gold Mines and Mining 90 to facilitate the working of Mineral Lands and Mines, other than gold . . 123 Municipal Institutions ; to provide for the formation of Municipal Institutions in British Columbia 67 — Taxes ; to provide for the payment of Municipal Taxes, Fines, &c., in to the credit of the Municipal Eevenue ; 186 N. iS'ATURALizATioN OF ALIENS. See Aliens. Naval and Victualling Stores; for the protection of Her Majesty's Naval and Victualling Stores 98 New Westminster ; Proclamation changing name from Queenborough to New Westminster 29 to establish a Municipal Council in the City of New Westminster 31 to extend the limits of the Municipality of New Westminster 36 to authorize the Municipal Council of New Westminster to raise a loan. . 41 to enlarge the limits of the City of New Westminster 49 0. Oaths ; respecting Affidavits and Statutory Declarations 110 P. Partnership ; to amend the Law of Partnership in certain cases 116 Patents ; for the protection of Inventions 75 See Eoad Steamers. , Pensions ; to provide a pension for Chief Justice Cameron 15 Pilots ; for the regulation of Pilotage and the appointment of a Pilot Board , .". 87 Ports; to empower the Governor to create Ports of Entry in British Columbia 83 Post Office ; for the regulation of the Postal Service of the Colony 84 Pre-emption Claims. &e Crown 'Lands. /See Lands. . Probates. See Supreme Court. Procedure; to make applicable the English Common Law Procedure Acts to the Colony "120 636 Index. ■ No. in thig Yolume. Provident Societies. See Societies. Public Debt. See Debentures. Q. Qualification of Voters and Members. See Elections. Queen Charlotte Coal Mining Company; conferring power to change Eegis- tered Office 109 E. Eailwats J to authorize the construction of Eailways in Vancouver Island .... 14 Eailwat Clauses Consolidation Act, 1845, of the Imperial Parliament, made applicable to Vancouver Island 14 Eegistration of Land. See Land Eegistry. Eegistration of Medical Practitioners 88 & 130 Eegistration of Bills of Sale. See Bills of Sale. Eegistration of Voters. See Elections. Ebligious Institutions; to enable Eeligious Societies and Congregations to hold Land for certain purposes , 124 Eeserves. See Indians. EoADS ; for levying Eoad Tolls for the maintenance of Eoads in British Columbia 32 to levy Eoad Tolls for the completion of the Lillooet-Alexandria Eoad ... 37 to levy Eoad Tolls for the completion of the Lytton-Alexandria Eoad ... 38 . for raising by loan the sum of £50,000 for the construction of Eoads in B.C. 39 for the issue of Bonds to the extent of £30,000 for the completion of Eoads in British Columbia 42 for raising by loan the sum of £50,000 for the construction of Eo^ds in B.C. 45 for the issue of Bonds for the construction of Cook's Ferry and Clinton Eoad 48 i^ authorize the issue of Debentures for the sum of £100,000 for the con- struction of Eoads and other Public Works in British Columbia 52 Eoad Steamers; to encourage the introduction of Thomson's Patent Eoad Steamers • 1^2 Eoad Tax; to provide for the maintenance and construction of Eoads .... 118, 140, 155 Eoad Tolls: See Tolls. EoMAN Catholic Bishop of B. C; respecting Grants of Land 34 S. Salaries ; respecting the Salaries of Crown Officers in British Columbia 50 respecting the Salary of the Governor of the Colony of British Columbia 62 See Civil List. Savings Banks ; for the establishment and regulation of Savings Banks 107 Schools, Common ; for the establishment of Common Schools 122 & 132 Sheriff ; to assimilate the Law relating to Sheriffs, and to define the duties of HighSheriff 68 to extend the Law No. 68 to Vancouver Island 99 See Courts, Supreme. Ships and Shipping; to prevent Desertion from Merchant Ships , . . . . 166 — for the regulation of the Coasting Trade 85 & 105 637 ' Inde£. No. in this Volume. Societies; for the Bstablislitneiif of Investment and Loan Societies 128&166 ■ for the Incorporation of Literary Societies and Mechanics' Institutes.. . 150 SoiiioiTOES. See Barristers. for the Incorporation of Charitable, Philanthropic, and Provident Associations ^. *• 162 SuifBAY; for the proper observance of Sunday. .^ 46 SuppLir. See Appropriation Act. Supreme Court. See Courts Supreme. SUBGEET ; to encourage the study of Surgery and Anatomy "By the dissection of unclaimed Bodies .. . 119 Swine and Goats; to .prevent Swine and Goats from running at large... 5 T. Taxes; to regulate Trade Licences and direct Taxes on Persons - - 76 for the collection of Eoad Taxes .... 118 — ; See Customs Duties ; Road Tax. Tax Sales; to provide for the settlement of questions relating to the Sale, of Land for Taxes in Vancouver- Island - - - - -96&151 TELteGEAPHs; to grant certain privileges to the California State Telegraph Com- pany in Yancouver Island • - . - - 16 for the regulation of Electric Telegraphs in Yancouver Island, and to insure secrecy and fidelity in the transmission of Messages - - 21 to confer certain privileges on the California State Telegraph Company in British Columbia .... ■. 53 to confer certain privileges on the Collins Telegraph Line in B. C. - 54 to amend No. 53 55 to Incorporate the Western Union Telegraph Company - - ^ 63 & 64 Title to Land. See Land Eegistry. Tolls ; for the maintenance of Eoads in British Columbia . . .32 to levy Tolls for the completion of the LiQooet- Alexandria Eoad - - 37 ^ to levy 'Tolls for the completion' of the Lytton-Alexandria Eoad - - 38 to prevent the evasion of Tolls imposed by the Lytton-Alexandria Eoad Toll- Act ' - '. ■.--■,'.■ . . . .40 for levying further Tolls on the Eoads in British Columbia - - 44 for the construction of a Toll Bridge across Thompson Eiver . .51&106 < — to exempt certain articles fromJBoad and Perry Tolls in British Columbia 58 to exempt Flour and Grain from Eoad Tolls . - . 149 to enable the Governor to grant Charters^for Tolls ... 159 — ■■ to exempt articles coming from the interior of the Colony from Eoad Tolls 164 Trustees ; to declare the Imperial Statute of 11 and 12 Yictoria, c. 96, " Trustees Belief Act," applicable to the Colony, as and from 19th November, 1858 - 104 V. Yancouver Island ; for making certified copies of the Eeconveyance of Yan- couver Island to the Crown evidence -.-... HI 638 Index. 'So. in this Volume.. TlOTO&lA, City OP ; to incorporate the City of Victoria - - - - 94 to amend the Victoria Gity Incorporation Ordinance, No. 94 - - 127 Victoria Harbour ; to authorize a loan of ^0,000 to improve Victoria Harbour and to construct Boads -.-..... lo Volunteer Force; to provide for the establishment and regulation of Volunteer Forces - - - > - - - - . - . 117 ■>^ w. Weights and Measures; to establish a Standard of Weights and Measures - 97 Wells ; to provide for the covering of open Wells in Vancouver Island - 20 Wife; to protect property of Wife deserted by Husband - - - 9 VICTORIA, B. c. : PRINTED AT THE GOVBKNMBNT PRINTING OFFICE. 1871. • IsTOTE. An Appendix containing — 1st. — Such of the Colonial Laws as will, though repealed, be found useful for reference; 2nd. — ^Imperial Statutes affecting British Columbia; and, 3rd. — The Charter of Grant of Vancouver Island, and reconvey- ance thereof to the Crown ; has been prepared, and will be published in a separate Volume before the close of the year. H. P. P. C, G. P., E. G. A.