census. one hundred and fifty thousand) shall be subject to be Quinquennial increased as hereinafter mentioned, that is to say :-A census of the Province shall be taken in every fifth year, reckoning from the general census of one thousand eight hundred and eighty-one and an approximate estimate of the population shall be made on the first day of September now next, and at equal intervals of time between each quinquennial and decennial census; and whenever the population, by any such census or estimate, exceeds one hundred and fifty thousand, which shall be the minimum on which the said allowance shall be calculated, the amount of the said per capita allowance shall be increased accordingly, and so on, until the population shall have reached four hundred thousand souls. 45 Vic. c. 5, D. amended. Method of computing capital on which half is payable. "5. So much of the said Act, forty-fifth Victoria, chapter five, as relates to the amount of the indemnity for the want of public lands, or the per capita allowance on the population of the Province, is hereby repealed; and the allowance provided by the foregoing sections shall not be limited to the ten years next after the year one thousand eight hundred and eighty-one, or to any other period. 6. The capital sum on which the Province is entitled to receive half-yearly payments of interest at the rate of five yearly interest per cent. per annum, as fixed by the Act thirty-third Victoria, chapter three and as re-adjusted or increased by any subsequent Act, shall, from and after the first day of July one thousand eight hundred and eighty-five, be calculated on a population of one hundred and twenty-five thousand, at the same rate per tapita as was allowed on the estimated population, under the Act thirty-third Victoria, chapter three, and shall be charged with such advances as have been already made to the Province, and with such expenditure as has been made therein by the Dominion for purposes of a strictly local character, and with a further sum of one hundred and fifty thousand dollars, which the Dominion Government may advance to the Province to meet the expenditure of constructing a lunatic asylum, and other exceptional services. Grants conditional on "7. The grants of land and payments authorized by the acceptance by foregoing sections shall be made on the condition that they be Legislature. accepted by the Province (such acceptance being testified by an Act of the Legislature of Manitoba), as a full settlement of all claims made by the said Province for the re-imbursement of costs incurred in the government of the disputed territory, or the reference of the boundary question to the Judicial Committee of the Privy Council, and all other questions and claims discussed between the Dominion and the Provincial Government, up to the tenth day of January one thousand eight hundred and eighty-five. authorized. "8. The sums authorized to be paid by this Act may be paid Payments out of any moneys forming part of the Consolidated Revenue Fund of Canada; Act recited. And whereas doubts did arise as to the proper construction Explanatory of the provisions of the said above recited Act; and for the removal of such doubts, the said Parliament of Canada during the session thereof held in the forty-ninth year of Her Majesty's reign did pass an Act intituled "An Act to explain the Act intituled,An Act for the final settlement of the claims made by the Province of Manitoba on the Dominion," which is as follows, that is to say "For the removal of all doubts as to the proper construction of section six of the Act passed in the session held in the forty-eighth and forty-ninth years of Her Majesty's reign, chapter fifty, intituled "An Act for the final settlement of the claims made by the Province of Manitoba on the Dominion"; "Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows: construction removed. 1. Notwithstanding anything in the section above men- Doubts as te tioned, it is hereby declared to be the intention thereof that of section six the rate per capita at which the calculations therein mentioned are to be made, shall be taken and construed to be the rate per capita ascertained by dividing by seventeen thousand (that is to say, the estimated population of the Province of Manitoba under the Act thirty-third Victoria, chapter three), the sum of five hundred and fifty-one thousand four hundred and forty-seven dollars (being the amount of capital on which the said Province was entitled to receive interest, under and by virtue of section twenty-four of the Act last above cited and the Act thirty-sixth Victoria, chapter thirty); and the said section six of the Act cited in the preamble of this Act, shall be construed as if the provisions hereof had been made therein : Provided always, that nothing herein contained shall be taken or construed as in any way varying or altering any other provision of the said section or of the Act cited in the preamble, not inconsistent herewith or repugnant hereto; And whereas it is expedient that the Province, by an Act Preamble. of the Legislature thereof, should accept such grants and payments in the manner provided in the above recited Acts; 49 V. c. 38, Preamble. NOW, THEREFORE, HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Grants, &c., accepted. 1. The Legislature of the Province of Manitoba accepts the grants and payments, as authorized and construed by the above recited Acts, as a full settlement of all claims by the said Province upon the Dominion, as therein set forth, up to the tenth day of January in the year one thousand eight hundred and eighty-five. 49 V. c. 38, s. 1. Preamble. Short title. GENERAL PROVISIONS. Notices respecting lands, s. 38. Affidavits under Act, by whom may Authorization by Com. to take affi- SS. 38-45. Limited authorization, s. 42. Reclaiming lands, &c., s. 44. W THEREAS it is expedient and necessary to make provision for the administration of the public lands now acquired or which may be hereafter acquired in any manner whatsoever by the Government of the Province of Manitoba. whether earned under the Statutes or Orders in Council of this Province or of the Dominion of Canada relating to the draining of submerged or swamp lands or the granting of swamp lands to this Province for public purposes, or lands foreclosed under mortgages or acquired for arrears of taxes. and all lands that may be or become vested in Her Majesty for the use of this Province or in any way become the property of this Province; 50 V. c. 21, Preamble. NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Provincial Lands Act." 50 V. c. 21, s. 2. INTERPRETATION. Interpretation. “Commissioner.' "Land." "Patent. 2. In this Act, unless the context otherwise requires, (a.) The expression "Commissioner" means the Provincia! Lands Commissioner named under this Act; (b) The expression "land" extends to and includes land, messuages, tenements and hereditaments, corporeal and incorporeal, of every kind and description, whatever may be the estate or interest therein, together with all paths, passages. ways, water-courses, liberties, privileges, easements, mines, minerals and quarries appertaining thereto, and all trees and timber thereon, unless any such are specially excepted: (c.) The expression "Patent" means and includes a Grant of lands by Letters Patent under this Act; |