A.D. 1882,

CHAP. 6.

An Act to amend the "Land Act, 1875," and the "Land
Amendment Act, 1879."

HER

[21st April, 1882.]

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. Sections sixty-two of the "Land Act, 1875," and Section 6 of the "Land Act, 1879," are hereby repealed, and in lieu thereof the following shall be read:

"Sale of Unsurveyed Land.

"1. Every person desiring to purchase unsurveyed, unoccupied, Two months' notice of and unreserved Crown Lands shall give two months' notice of his in- application to purchase. tended application to purchase by a notice inserted, at the expense of the applicant, in the British Columbia Gazette, and in any newspaper circulating in the district wherein such land lies; and such notice shall state the name of the applicant, the locality, boundaries and extent of the land applied for, such notice shall be Notice to be posted on dated, and shall be posted in a conspicuous place on the land sought to be acquired, and on the Government Office, if any, in the district. He shall also place at each angle or corner of the Land to be staked off, land to be applied for a stake or post at least four inches square and standing not less than four feet above the surface of the ground. Except such land is so staked off before the above notice is given

land.

all the proceedings taken by the applicant shall be void. He shall and surveyed.
also have the land required surveyed, at his own cost, by a Sur-
veyor approved of and acting under the instructions of the Chief

Commissioner of Lands and Works or Surveyor-General; and such Mode of survey.
lands shall be surveyed on the rectangular or square system now
adopted by the Government, and all lines shall be run due north
and south and due east and west, except where from the nature
of surveys made it would be impossible to conform to the above
system; and the said survey of the said land shall be connected
with some known point in previous surveys, or with some other

A.D. 1882.

Price one dollar per acre.

survey.

Exceptions to stated mode of survey.

known point or boundary, unless otherwise ordered by the Chief Commissioner of Lands and Works or Surveyor-General; and the price of said land shall, except as further provided, be one dollar per acre, which shall be paid in full at the time of the purchase; but no No title given until after title can be acquired to any such land until after such land shall have been surveyed, and such survey shall have been accepted by the Chief Commissioner of Lands and Works or SurveyorGeneral in writing and payment made for the said land: Provided always, that it shall not be lawful to survey or sell any lands under authority of this section in such manner as to dispose of a less quantity of land than 160 acres, measuring 40 chains by 40 chains, except where such area cannot be obtained or such measurement carried out, nor shall the application above mentioned of itself confer any right or title to the land applied Where two applicants for for upon the applicant: Provided further, that when there are no prior rights estab- two or more applicants for the same tract of land, and a prior the highest bidder. right of either or any of the applicants is not established to the satisfaction of the Chief Commissioner of Lands and Works or Surveyor-General, the same may be tendered for by the applicants and sold to the highest bidder."

same tract of land and

lished it shall be sold to

Establishment of public highways.

How waste water from irrigated lands may be disposed of.

Highways.

2. Every person desirous of having a public highway established shall give 30 days' notice of his intention to apply to the Chief Commissioner of Lands and Works to establish such public highway by an advertisement published at his own expense in the British Columbia Gazette and in a newspaper published or circulated in the district wherein such applicant desires to have such highway established, but nothing in this section shall be construed as affecting the right of the Chief Commissioner of Lands and Works to make and declare highways under the provisions of Section 73 of the "Land Act, 1875."

3. The proprietors or occupiers of any lands subject to irrigation may, with the consent in writing of the Commissioner, by means of flumes, ditches, or drains through the adjacent lands, run their surplus and waste water into any creek, gulch, or channel. The Commissioner herein referred to shall mean the Chief Commissioner of Lands and Works or any Assistant Commissioner: provided, further, that when such power is exercised by either of the above officers any Commissioners acting under the Drainage, Dyking, and Irrigation Acts for the time being in force, shall not be at liberty Proviso as to compensa. to interfere with the power so exercised. The provisions of this

tion for any damage

done.

clause shall be subject to the provisions of the law for the time being in force respecting compensation for entry upon occupied lands for carrying water through or over them.

A.D. 1882.

4. In measuring water in any ditch or sluice, the following rules shall be observed :-The water taken into a ditch or sluice shall be Rules for measuring measured at the ditch or sluice head. No water shall be taken into water.

a ditch or sluice except in a trough placed horizontally at the place at which the water enters it. One inch of water shall mean half the quantity that will pass through an orifice two inches high by one inch wide, with a constant head of seven inches above the upper side of the orifice.

5. The provisions of the first section of this Act shall not apply to Section 1 not to apply to coal or other mineral lands.

mineral lands.

6. Crown grants for land acquired under this Act shall be in the Form of Crown Grant. Form No. 9 contained in the Schedule to the "Land Act, 1875," save that in the second proviso of the said form the words "or coal" shall be inserted after the words "silver ore," and shall be read as part of the said Crown grant.

Record of abandoned prebe cancelled.

7. When any pre-emption claim has, according to the true intent and meaning of the laws relating to the acquisition of Crown lands, emption claim need not been abandoned, the cancellation of the record relating to such preemption claim by any officer authorized to cancel records shall not be necessary, but such pre-emption claim shall, after abandonment, be considered for all purposes as waste lands of the Crown.

of Cascades $10 per acre.

East of Cascades 85.

8. Crown lands west of the Cascade Range containing coal may Price of coal lands west be purchased at not less than $10 per acre, and similar lands east of the Cascade Range at not less than $5 per acre; and any Crown grant for such lands shall, notwithstanding anything in this Act, state that the coal in the land described in the grant is included therein.

citation.

9. This Act shall be read and construed with the "Land Act, Construction, 1875," and the "Land Amendment Act, 1879," and may be cited as the "Land Amendment Act, 1882."