Yale District, as defined in the said public notice, shall constitute one district, to be designated "Yale District," and return three members. Kootenay District, as defined in the said public notice, shall constitute one 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 thereof next hereinafter defined as New Westminster City District, shall constitute one district, to be designated "New Westminster District," and return two members. All that tract of land indicated as the city and suburbs of New Westminster upon an official map now deposited in the Lands 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 "R. C. 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 Fraser River, 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, and including all that piece or parcel of land described and defined in the letters patent bearing date the ninth day of May, A. D. 1873, extending the limits of the Corporation of the City of Victoria, shall constitute one district, to be designated "Victoria City District," and return four members. [No. 7 of 1875, Sec. 1.] That tract of land included in a circle which may be described with a radius of seventeen miles in length from the Bastion, situate in the Town of Nanaimo, as the centre of such circle, shall constitute one district, to be designated as the "Nanaimo District," and return one member. [No. 27 of 1872, Sec. 1.] Those tracts of land included within Cowichan, Quamichan, Somenos, Comiaken, Shawnigan, Chemainus, and Salt Spring Island, as defined on the official maps of those districts now deposited in the Land Office, Victoria, and which maps are designated respectively "Cowichan District," "Quamichan District," "Somenos District," "Comiaken District," "Shawnigan District," "Chemainus 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 deposited 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 which maps are designated respectively "Victoria District Official Map, 1858," "Lake District," "North Saanich, 1859," "South Saanich Official Map, A. D. 1871. A. D. 1871. 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 deposited in the Land Office, Victoria, and which maps are designated respectively "Metchosin District Official Map, Anno 1858," "Esquimalt District Official Map, 1858," "Sooke District Official Map, 1858," "Highland District Official Map, 1862," shall constitute one district, to be designated "Esquimalt District," and return two members. Provided that all islands not herein before mentioned, and parts of islands, adjacent to any of the above districts in Vancouver Island, shall be included in the districts which are nearest to those islands, and parts of islands, respectively. by the nearest mail route SCHEDULE B. I, A. B., one of the members of the Legislative Assembly, solemnly declare that I reside at in which is distant miles, as determined by the Speaker of the Legislative Assembly, from the City of Victoria, where the session of the Legislative Assembly of British Columbia, which began on the one thousand eight hundred and held. day of was That the first day during the said session, on which I was present at Victoria, where the said session was held, was the day of one thousand eight hundred and That on the said day, and on each day of the said session, after the said day on which there was a sitting of the said Legislative Assembly, I attended such sitting or a sitting of some committee thereof,* except only on of which I was prevented by sickness from attending as aforesaid, though I was then present at the said City of Victoria.** days,** on Declared before me, at one thousand eight hundred and Signature, A. B. C. D., Clerk of the Legislative Assembly, (or Justice of the Peace for (as the case may be). the of If the member attended a sitting of the House, or of some committee, on every sitting day after the first on which he so attended, omit the words from * to *** ; and if his non-attendance was not on any day occasioned by sickness, omit the words from ** to ***. If the person making the declaration became or ceased to be a member after the commencement of the session, vary the form, so as to state correctly the facts upon which the sum due to the member is to be calculated. SCHEDULE C. Form of Oath to be administered. The evidence you shall give to the Committee touching the Bill entitled "An Act (insert the title here)," and which Bill has been referred to this Committee, shall be the truth, the whole truth, and nothing but the truth; so help you God. A. D. 1871. CHAP. 43. An Act to facilitate the Conveyance of Real Property. [2nd March, 1874.] A.D. 1874. WHEREAS it is expedient to facilitate the sale and conveyance of Preamble. Real Property: Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: second schedule are inserted. 1. Whenever any party to any deed, made according to the forms Where the words set forth in the first Schedule of this Act, or to any other deed of column I. of the which shall be expressed to be made in pursuance of this Act, or employed the deed referring thereto, shall employ in any such deed respectively any of to have the same effect as if the words the forms of words contained in Column I. of the Second Schedule in column II. were hereto annexed, and distinguished by any number therein, such deed shall be taken to have the same effect, and be construed as if such party had inserted in such deed the form of words contained in Column II. of the same Schedule, and distinguished by the same number as is annexed to the form of words employed by such party; but it shall not be necessary in any such deed to insert any such number. reversion, and all 2. That every such deed, unless any exception be specially made Deed to include all therein, shall be held and construed to include all houses, outhouses, houses, &c., and the edifices, barns, stables, yards, gardens, orchards, commons, trees, the estate. woods, underwoods, mounds, fences, hedges, ditches, ways, waters, watercourses, lights, liberties, privileges, easements, profits, commodities, emoluments, hereditaments, and appurtenances whatsoever, to the lands therein comprised, belonging, or in anywise appertaining, or with the same demised, held, used, occupied, and enjoyed, or taken or known as part or parcel thereof, and also the reversion or reversions, remainder or remainders, yearly and other rents, issues, and profits of the same lands, and of every part and parcel thereof, and all the estate, right, title, interest, inheritance, use, trust, pro A.D. 1874. Remuneration for not to be by length only. perty, profit, possession, claim, and demand whatsoever, both at law and in equity, of the grantor, in, to, out of, or upon the same lands, and every part and parcel thereof, with their and every of their appurtenances. 3. That in taxing any bill for preparing and executing any deed deed under the Act under this Act, it shall be lawful for the taxing officer, and he is hereby required, in estimating the proper sum to be charged for such transaction, to consider, not the length of such deed, but only the skill and labour employed, and responsibility incurred, in the preparation thereof. Deed failing to take effect by this Act to 4. That any deed, or part of a deed, which shall fail to take effect be as valid as if Act by virtue of this Act, shall nevertheless be as valid and effectual, and shall bind the parties thereto, so far as the rules of law and equity will permit, as if this Act had not been made. not made. Construction of Act. Schedules, &c., to form part of this Act. Short Title. 5. That in the construction, and for the purposes of this Act, and the Schedules hereto annexed, unless there be something in the subject or context repugnant to such construction, the word "lands" shall extend to all freehold tenements and hereditaments, whether corporeal or incorporeal, or any undivided part or share therein respectively; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing, and the converse; and every word importing the masculine gender only shall extend and be applied to a female as well as a male; and the word "party" shall mean and include any body politic, or corporate, or collegiate, as well as an individual. 6. That the Schedules, and the directions and forms therein contained, shall be deemed and taken to be parts of this Act. 7. This Act may be cited as the "Real Property Conveyance Act, 1874." THE FIRST SCHEDULE. One thousand eight This Indenture, made the-day of hundred and seventy -[or other year], in pursuance of the "Real Property Conveyance Act, 1874," between [here insert names of parties and recitals, if any], witnesseth, that in consideration of--now paid by the said [grantee or grantees] to the said [grantor or grantors], (the receipt whereof is hereby by him [or "them"] acknowledged), he [or "they"] the said [grantor or grantors] doth [or "do"] grant unto the said [grantee or grantees,] his [or "their"] heirs and assigns, for ever, all &c., [parcels. Here insert covenants, or any other provisions.] In witness whereof the said parties hereto have hereunto set their hands and seals. THE SECOND SCHEDULE. A.D. 1874. Directions as to the Forms in this Schedule. 1. Parties who use any of the forms in the first column of this Schedule may substitute for the words "covenantor" or "covenantee," or "releasor" or "releasee," any name or names, and in every such case corresponding substitutions, shall be taken to be made in the corresponding forms in the second column. 2. Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, in any of the forms in the first column of this Schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column. 3. Such parties may introduce into, or annex to any of the forms in the first column, any express exceptions from or other express qualifications thereof respectively, and the like exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column. 4. Such parties may add the name or other designation of any person or persons, or class or classes of persons, or any other words, at the end of form 2 of the first column, so as thereby to extend the words thereof to the acts of any additional person or persons, or class or classes of persons, or of all persons whomsoever; and in every such case the covenants 2, 3, and 4, or such of them as shall be employed in such deed, shall be taken to extend to the acts of the person or persons, class or classes of persons so named. COLUMN I. 1. The said [covenantor] covenants with the said [covenantee], 2. that he has the right to convey the said lands to the said [covenantee] notwithstanding any act of the said [covenantor]; 3. and the said [covenantee] shall have quiet possession of the said lands, COLUMN II. 1. And the said covenantor doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree with and to the said covenantee, his heirs and assigns, in manner following; (that is to say): 2. That, for, and notwithstanding any act, deed, matter, or thing, by the said covenantor done executed, committed, or knowingly or wilfully permitted or suffered to the contrary, he the said covenantor now hath in himself good right, full power, and absolute authority to convey the said lands and other the premises hereby conveyed, or intended so to be, with their and every of their appurtenances, unto the said covenantee, in manner aforesaid, and according to the true intent of these presents; 3. and that it shall be lawful for the said covenantee, his heirs and assigns, from time to time, and at all times hereafter, peaceably and quietly to enter upon, have, hold, occupy, possess and enjoy the said lands and premises hereby conveyed, or intended so to be, with their and of every of |