"(4.) Notwithstanding any law or Statute to the contrary, any member of the Legislature may be appointed a member of the Board, and as such receive his expenses as in this section provided without thereby vacating his seat or contravening the provisions of the 'Constitution Act.'"

27. Section 45 of said chapter 33 is amended by inserting after Amends s. 45. the word "mountain-goat," in the first line of clause (b), the words 66 or bear."

VICTORIA, B.C.:

Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty.
1923.

An Act to provide for the Making of a certain Agreement
between His Majesty and the Grand Trunk Pacific
Railway Company and the Grand Trunk Pacific
Development Company.

HT

[Assented to 21st December, 1923.]

IS 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 "Grand Trunk Railway Lands Short title. Adjustment Act."

Agreement.

2. So far as the Legislature has power to enact, His Majesty in Power to make right of the Province, represented therein by his Minister of Lands of the Province, and the Grand Trunk Pacific Railway Company, and the Grand Trunk Pacific Development Company are authorized and empowered to make, execute, and enter into an Agreement, in terms of the draft Agreement which forms the Schedule to this Act, and to do, perform, carry out, and fulfil everything necessary to give full effect to the Agreement so entered into; and, upon the Agreement being entered into pursuant to this Act, its provisions shall be legally binding, according to the tenor thereof, upon His Majesty and the Grand Trunk Pacific Railway Company and the Grand Trunk Pacific Development Company, and shall be deemed to be expressly enacted by and to form an integral part of this Act.

Agreement on the

3. The Lieutenant-Governor in Council may from time to time Carrying-out of make every provision necessary or expedient to provide for the part of His Majesty. carrying-out of the terms and provisions of the said Agreement on

the part of His Majesty in right of the Province.

HIS MAJESTY THE KING in the right of the Province of British Columbia, herein represented and acting by the Honourable Thomas Dufferin Pattullo, Minister of Lands for the said Province (hereinafter referred to as the Province"), of the first part;

THE GRAND TRUNK PACIFIC RAILWAY COMPANY (hereinafter referred to as "the Railway Company ") of the second part;

and

THE GRAND TRUNK PACIFIC DEVELOPMENT COMPANY, LIMITED (hereinafter called "the Townsite Company "), of the third part.

Whereas an agreement bearing date the 29th day of February, 1908, was entered into among the parties hereto, which agreement forms the Schedule to and was confirmed by chapter 19 of the Statutes of British Columbia, 1908, in furtherance of which all the right, title, and interest of the Province in certain Indian reserve lands situate on Kaien, Digby, and adjacent islands and other parcels of land on the mainland was conveyed to the Townsite Company under terms and conditions therein stipulated; amongst others, provision being made for the laying-out of a townsite at Prince Rupert partly on said lands and partly on other lands previously conveyed to the Railway Company by a Crown grant from the Province dated 10th March, 1905, and designated Lots 251, 443, and 444, Range 5, Coast District, and for the subdivision of the balance of said lands (i.e., other than townsite lots) partly into water-front blocks of not less than 1,000 feet frontage and the remainder into areas of not more than 80-acre blocks, reconveyance to be made to the Province of a proportion thereof, as stipulated in said agreement:

And whereas the Townsite of Prince Rupert was laid out according to said agreement and the proportion of the townsite lots accruing to the Province duly conveyed to the Province:

And whereas certain of the water-front blocks before referred to have also been surveyed and conveyed to the Province:

And whereas by an Order in Council made the 11th day of August, 1908, and by an agreement bearing date the 7th day of September, 1908 (which Order in Council and agreement were ratified and confirmed by chapter 22 of the Statutes of British Columbia, 1909), certain amendments were made to the said agreement of 29th February, 1908, in regard to the subdivision of certain of the lands hereinbefore referred to, not included in the Townsite of Prince Rupert:

And whereas by a further agreement bearing date of 2nd day of March, 1909, certain other amendments were made on said agreements:

And whereas certain of the provisions of the said agreements have not yet been fulfilled in respect to subdivision of said lands and reconveyance of the Crown's interest therein to the Province, and under the present conditions it is not considered that any further subdivision would be warranted:

And whereas negotiations have taken place between the Province and the Railway Company and Townsite Company with a view to reaching a satisfactory arrangement regarding the disposition of the aforementioned lands in and adjacent to the City of Prince Rupert:

Now, therefore, this Indenture witnesseth that the parties hereto have agreed as follows:

(1.) The Townsite Company will convey to the Province in full satisfaction of the interest of the Province under the said agreements of 29th February,

ADJUSTMENT AGREEMENT AUTHORIZATION.

1908, 7th September, 1908, and 2nd March, 1909, and the Crown grant bearing date 10th March, 1905, all the interest of the Townsite Company in the following lands, viz.: Lots 1998, 1999, 2001, 2002, 2003, 2004, and 1993, all in Range 5, Coast District, containing 6,788.33 acres, more or less; together with all the foreshore and riparian rights which may be vested in the Townsite Company appurtenant to the said lands, including the lands below as well as above highwater mark, but excepting thereout certain areas heretofore conveyed by the Townsite Company to the Dominion Government for public purposes, and in respect to which the interest of the Province has already been waived.

(2.) The Townsite Company will transfer to the Province all the interest of the Townsite Company in a strip of land forming portion of Lot 1991 lying immediately contiguous to Salt Lake and described as follows:

All that certain parcel or tract of land containing 81 acres, more or less, being all that portion of Lot 1991, Range 5, Coast District, more particularly described as follows: Commencing at a point on high-water mark in Russell Arm, situated west astronomically 620 feet and north astronomically 1,250 feet from the station named "Ter," as shown on the official plan of Lot 1991, Range 5, Coast District; thence north 2,200 feet; thence west 300 feet; thence north 1,280 feet; thence east 300 feet; thence north 1,230 feet, more or less, to a point the latitude of which is at least 50 feet north of the most northerly point of high-water mark of the Salt Lake; thence west 1,500 feet; thence south 2,160 feet; thence west 420 feet; thence south 1,200 feet; thence east 1,550 feet, more or less, to the easterly shore of Russell Arm; thence south following the shore-line of Russell Arm to the point of commencement; together with all the foreshore and riparian rights which the Townsite Company may have in said lands, including the lands below as well as above high-water mark. The Province will within four months from the date hereof survey at its own expense the said 81 acres herein in this clause described.

(3.) The Townsite Company will transfer to the Province as a contribution to the cost of construction of the continuation through the unsubdivided portion of Lot 251 (outside the city limits) of the highway which the Corporation of the City of Prince Rupert is in course of constructing through Section 9 in said city, from a point where said highway leaves the corporate limits, all the interest of the Townsite Company in a strip of land 66 feet in width as a right-of-way for said highway through the unsubdivided portion of Lot 251 outside the city limits; together with such further portion of the unsubdivided part of Lot 251 outside the city limits as taken with the 66-foot strip aforesaid shall on the basis of the Provincial assessment of the unsubdivided part of Lot 251 according to the 1923 assessment roll equal in value one-fourth of the cost of constructing said highway through the unsubdivided portion of Lot 251 outside the city limits. Any survey of the lands to be granted to the Province under this clause shall be undertaken by the Province at its own expense.

(4.) For the purpose of providing access to water-front Blocks F and G, the Railway Company will grant to the Province along the northerly boundary of its right-of-way in water-front Block F in the City of Prince Rupert a perpetual easement over the 40-foot strip of land extending from Manson Way in the said city to the easterly boundary of water-front Block F, being a renewal and extension of an easement formerly granted by agreement between the Railway Company and the Province bearing date 30th April, 1910, and which easement has recently been cancelled by the Railway Company; reserving to the Railway Company the right from time to time to construct across the said 40-foot strip such railway trackage as it may desire to construct for its own use or to serve industries, and to operate over said trackage, in which event the said 40-foot strip shall not be considered a highway within the meaning of the "Railway Act"; subject, however, to the provision hereinafter in clause 7