is considered Cost not to the as work done on the 1894 32.57 Repeals s. 37. claim by a predecessor or predecessors in title shall be deemed to have been done by the applicant."(4) By striking out in line three of lansub-section (c.) thereto the words Objection to and Adverse claim to be No. 2 or centre" and inserting in lieu thereof the word "initial." (5.) By the addition after sub-section 14. Section 37 of the said Act is hereby repealed, and in lieu thereof be it enacted as follows: "37. (1) No adverse claim shall be filed by the Mining Recorder after the expiration of the period of publication in the next preceding section mentioned; and in default of such filing no objection to the issue of a certificate of improvements shall be permitted to be heard in any Court, nor shall the validity of such certificate when issued be impeached on any ground except that of fraud. "(2.) Any adverse claim to be filed shall be on the oath of the Having regard tall the person or persons making the same, and shall show, with reasonable Circumstances of Un particularity, the nature, boundaries and extent of such adverse claim; case. Proceedings to be ings. and all proceedings, except the publication of notice and making and filing the affidavit thereof, shall be stayed until the controversy shall have been decided by a Court of competent jurisdiction or the adverse Adverse claimant to claim shall have been withdrawn or waived. An adverse claimant commence proceed shall, within thirty days after filing his claim (unless such time shall be extended by special order of the Court upon cause being shown), commence proceedings in a Court of competent jurisdiction to determine the question of the right of possession and shall prosecute the same with reasonable diligence to final judgment; and a failure so to commence or so to prosecute proceedings shall be deemed to be a waiver of his adverse claim. After such judgment shall have been rendered, the person or any one of the persons entitled to the possession of of the claim, or any part thereof, may file a certified copy of the same judgment may be in the office of the Mining Recorder. After the filing of such judgment Certified filed. copy Certificate of Amends s. 38. and upon compliance with all the requirements of the next preceding section, such person or persons shall be entitled to the issue to him or to them of a certificate of improvements in respect of the claim, or the portion thereof, which he or they shall appear, from the decision of the Court, to rightly possess." Provided however etc. 1893.29 10 15. Section 38 of the said Act is hereby amended by striking out all the words after force," in the second line thereof, and inserting in lieu thereof the words "it shall not be necessary to do any work on such claim." 16. Section 39 of the said Act is hereby amended by striking out Amends s. 39. the words "twenty-five dollars per acre" in line four and inserting in lieu thereof the words "five hundred dollars" and by striking out the words "one hundred and five dollars" in line eight and inserting in lieu thereof the words "five dollars per acre." 17. Section 52 of the said Act is hereby repealed, and in lieu Repeals s. 52. thereof the following shall be read: “52. The transfer of any real estate acquired under the provisions Transfer to be in of the "Gold Mining Amendment Act, 1873," or under this or any Act writing, etc. relating to minerals other than coal, shall be in writing, signed by the transferrer or his agent authorized in writing, and need not be by deed or under seal." 18. Section 53 of the said Act is hereby repealed, and in lieu thereof Repeals s. 53. be it enacted : death. “53. No mineral claim shall be open to location by any other person Claim of miner durduring the last illness nor, unless with the permission in writing of the ing illness and after Gold Commissioner, for twelve months after the death of the lawful holder." 19. Section 55 of the said Act is hereby amended by striking out Amends s. 55. all the words between "shall" in line three and "such" in line four, and inserting in lieu thereof the words "be entitled to obtain and hold under this section more than one mill site for each mineral claim lawfully held by him." 20. Section 56 of the said Act is hereby amended by striking out Amends s. 56. the words "a plat of the said land with the Mining Recorder," in the second and third lines thereof, and inserting in lieu thereof the words "in the office of the Mining Recorder a plat of the said land made by an authorized Provincial Land Surveyor." 21. Sub-section (2) (f), of section 57 of the said Act is hereby Repeals sub-s. (2) repealed. (f) of s. 57. 22. Section 111 of the said Act is hereby amended by striking out Amends s. 111. the words "and record the same," in the second line. 23. Section 115 of the said Act is hereby amended by striking out Amends s. 115. the words "brought to him," in the second line, and inserting in lieu thereof "required to be recorded." 24. Section 148 of the said Act is hereby amended by inserting Amends s. 148. after the word "property," in the second line thereof, the words "within the district of such Commissioner." 25. Section 163 of the said Act is hereby amended by adding at Amends s. 163. the end thereof the words "on payment of the sum of twenty-five L L ८ cents." 26. Schedule "A" to the said Act is hereby amended by striking out the word "centre" where it first appears and inserting in lieu thereof the word "side," and by striking out the figure "3" and the words and figure "centre post 2 and inserting in lieu of "centre post 2 2" "initial post 1." 27. Schedule "B" to the said Act is hereby amended by striking out the word "centre" wherever the same appears and inserting in lieu thereof the word "side." 28. Schedule "E" to the said Act is hereby amended by striking out the words and recorded" on the third line. 29. Schedule "H" to the said Act is hereby amended by striking out of clause 5 thereto "No. 2 or centre" in the first and second lines and inserting in lieu thereof "No. 1 or initial." 30. Schedule "N" to the said Act is hereby amended by striking out section three thereto. 31. The last Schedule of the said Act is hereby amended by striking out the figures "1.00," in the last line but one, and inserting in lieu thereof the figures ".25." VICTORIA, B. C.: Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty. H CHAPTER 33. The Municipal Act, 1892. Amended 1893030 18940.34 1895. C.41 [23rd April RY 1892] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1. This Act may be cited as the "Municipal Act, 1892." Interpretation. Short title. 2. In the construction of this Act the following expressions shall Interpretation. have the following meanings respectively: Municipality" shall include any city, town, township, or district "Municipality." heretofore incorporated, or which hereafter may be incorporated and established under this Act: "The Municipal Council," " the Council," "Council," shall mean and "The Municipal include the Mayor and Aldermen, or the Reeve and Councillors Council," etc." of a Municipality: "Land" shall mean the ground or soil, and everything annexed to "Land." "Improvements" shall mean everything annexed to the soil by the "Improvements." ^ "Real property" shall mean the ground or soil and everything "Real property." Preliminary. Application to Vic- Application to New Powers given by Existing corpora- force new ones 3. This Act shall extend and apply to the Cities of Victoria and of Nanaimo, and all township or district municipalities incorporated before the passing of this Act. 4. This Act shall be construed as applying to the Cities of New Westminster and of Vancouver only so far as it is not repugnant to or inconsistent with their Acts, of Incorporation, or any amendments thereto, or any Acts or Proclamations applicable to either of them; but nothing contained in this section shall be construed into restricting or modifying the power of the Executive Council or the Legislative Assembly with reference to those Municipalities or the Acts relating to them, or to give to the said Corporations the right to tax or assess for municipal purposes personal property, as defined in the “Assessment Act," which is already the subject of taxation for Provincial purposes, or to put in force sections 186, 188, and 189 of the "New Westminster Act, 1888." 5. Nothing contained in any general or special Act relating to any municipality to which this Act applies, shall be deemed to impair, restrict, or otherwise affect the powers conferred on any such municipality by this Act. 6. Nothing in this Act contained shall be construed to dissolve any corporation composed of the inhabitants of any municipality existing at the time of the passing of this Act; but the same shall be held and deemed to continue to exist by the name given to it by the Act or letters patent incorporating it, and subject to the provisions of this Act as one and the same corporation. Existing letters pat- 7. The letters patent incorporating any existing municipality shall, fute tu til ewe is until the issue of new letters patent under section 12 of this Act, or as hereinafter mentioned, notwithstanding anything contained in this Act, continue in as fall force and effect as if the provisions contained in such letters patent had been contained in and enacted by this Act, save that the officer styled "Warden" in any letters patent shall, from and after the passing of this Act, mean and be styled "Reeve." Extension of this Act and repeal of other ive. 8. The extension of this Act to existing municipalities, and the Acts not retrospect repeal of previous Acts, shall not be understood as affecting any matter or thing done, or required to be done, resolutions, decisions, orders, or other proceedings of the Council of any municipality incorporated before the passing of this Act, debentures, promissory notes, shares, or obligations issued, or by-laws, rules, and regulations made under and by virtue of the said Acts; but the said matters or things, debentures, promissory notes, obligations, by-laws, rules, and regulations, and the obligations of the corporation, and of every officer and servant in |