A.D. 1882.

Judges who shall be and be called Judges of the said Court; and it shall be lawful for the Governor-General to appoint the said Chief Justice and Judges, and to direct one or more of them, in accordance with the provisions of the "Local Administration of Justice Act, 1881," to reside and usually discharge his or their duties in any Judicial District of the Province, as defined by the "Judicial Dis- Judicial Districts. trict Act, 1879," and on and after the appointment of the said Chief Justice and Judges, and the exercise by the Governor-General of the authority above-mentioned, this Act shall come into force, but Act to come into force not sooner, and the period at which this Act shall come into force shall be understood as the commencement of this Act. Provided, however, that the power of appointment and authority with respect to the said Judges by this Section vested in the Governor-General shall come into force on and after the passing of this Act.

on appointment of Judges.

9. The Court hereby constituted shall have a Seal with the name Seal. or title of the Court engraved or placed thereon, and the form and character of such Seal may be determined by the LieutenantGovernor in Council, who shall have power to change or alter the same from time to time, or substitute a new Seal therefor.

10. The sittings of the said Court and Judges thereof shall be sittings of the Court. held in accordance with and in manner provided by the several Acts passed by the Legislature of the Province and intended to apply to and regulate the sittings of the Supreme Court of British Columbia, and whether such Acts have or have not been deemed to legally apply to or affect such last mentioned Court.

11. The several persons who were, immediately prior to the officers of the Court. commencement of this Act, officers of the Supreme Court of British Columbia, shall upon and after such commencement of the Act be officers of the Court constituted by this Act and shall no longer be officers of the said Supreme Court; but such officers and their appointments shall be subject to the laws for the time being in force respecting officers of the Provincial Government; and any proceedings instituted or pending in the said Supreme Court may Pending proceedings in be transferred to and carried on to completion in the Court hereby be transferred. constituted, as fully and effectually as they might have been carried on in the said Supreme Court.

the Supreme Court may

County Courts of the

12. The Chief Justice and Judges of the Court hereby constitu- Judges to preside in the ted shall respectively hold and preside in the several County Courts Province. of the Province, in accordance with any enactment providing for the holding of such County Courts by any of the Judges of the Supreme Court, notwithstanding that such enactment may have been deemed to have been beyond the legislative authority of the Province so far as the same required the Judges of the said Supreme Court to perform such duties.

A.D. 1882.

Provincial appropriation to be expended in sup

port of Provincial Courts only.

Special powers conferred

on the Supreme Court

apply to this Court unless so intended.

[CH. 3.]

COURTS, SUPERIOR (PROVINCIAL).

[45 VICT.] 13. On and after the 1st day of December, 1882, all moneys appropriated from the Provincial revenues, for the Administration of Justice within the Province, shall be expended solely towards the maintenance of Courts constituted by this Act.

14. Where any powers have been specially conferred on the by the Dominion not to Supreme Court of British Columbia by any enactment of the Legislature of the Dominion of Canada, and such powers are not by intendment to apply to any Superior Court of this Province, such enactment shall not be deemed to apply to the Court hereby constituted, notwithstanding anything contained in this Act.

Nothing herein to affect jurisdiction of any ViceAdmiralty Court.

Short title.

15. Nothing in this Act shall apply to matters within the exclusive jurisdiction of any Vice-Admiralty Court.

16. This Act may be cited as the "Provincial Superior Court Act, 1882."

A.D. 1882.

CHAP. 4.

An Act to amend the Drainage, Dyking and Irrigation Acts. [21st April, 1882.]

WHEREAS it is expedient to amend and enlarge the powers

conferred by the "Drainage Dyking and Irrigation Act 1873:"

Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

by contract.

1. The "Drainage, Dyking and Irrigation Act, 1873," is hereby famended by inserting after Section 7 of the said Act the words and figures following:(7a.) "The Commissioners may cause all or any part of the Gives the Commissioners aforesaid works to be executed by contract, and for that power to construct works purpose may enter into any contract or contracts with any person or persons, and may assess the owners or occupiers of the lands within the District for which such Commissioners shall have been appointed or selected for the amount of the estimated cost of the works, including five dollars per day for every Commissioner while actually employed, and a reasonable sum for the payment of the Clerk, Overseers and Collector, having regard to the quantity and quality of land of each owner or occupier and the benefit to be by him received:

(76.)

contracts.

All such contracts as aforesaid may be made subject to and Form of execution of
contain such powers, conditions, and agreements as may be
agreed upon and shall be personally signed by each Com-
missioner who for the time being shall not have ceased to
hold office, or by his Attorney."

2. The said Act is hereby amended by adding the following as Section 26 a:—

(26a.) "The proprietors or occupiers of any lands subject to irrigation or through which irrigation may be ordered may, with the consent in writing of the Commissioner or Commissioners by means of flumes, ditches, or drains through the

How waste water from disposed of.

irrigated lands may be

A.D. 1882.

Construction.

Short title.

[CH. 4.] DRAINAGE, DYKING, & IRRIGATION.

[45 VICT.]

adjacent lands, run their surplus and waste water into any creek, gulch, or channel, doing as little damage as possible."

3. This Act shall form part of and be read with the "Drainage, Dyking and Irrigation Act, 1873," and the "Drainage, Dyking and Irrigation Act (1873) Amendment Act, 1881."

4. This Act may be cited as the "Drainage, Dyking, and Irrigation Amendment Act, 1882."

A.D. 1882.

CHAP. 5.

An Act to amend the "British Columbia Line Fences and
Water Courses Act, 1876," and the "British Columbia Line
Fences and Water Courses Act Amendment Act, 1881."

HE

[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. Section 15 of the "British Columbia Line Fences and Water Repeals section 15 of principal Act. Courses Act, 1876," is hereby repealed.

2. This Act may be cited for all purposes as the "British short title. Columbia Line Fences and Water Courses Act Amendment Act,

1882."