ADJUSTMENT AGREEMENT AUTHORIZATION.

contained. Any survey of the said 40-foot strip shall be undertaken by the Province at its own expense.

(5.) The Province will quitclaim to the Townsite Company and the Railway Company respectively all its interest under the aforementioned agreements of 29th February, 1908, 7th September, 1908, and the 2nd March, 1909, and the Crown grant of 10th March, 1905, or under the Land Act" or otherwise howsoever, in and to the lands and islands referred to in said agreements and Crown grant (including Lot 1994), excepting the lands mentioned in clauses 1 and 2 of this Agreement, and excepting all lands which have already been conveyed to the Province by the Railway Company and the Townsite Company under or in pursuance of said agreements, and excepting also a parcel of land not exceeding 40 acres (which shall include any access required) to be selected by the Province within four months from the date hereof from out of the unsubdivided portion of Lot 251 within the city limits lying south of Section 9 and east of Section 5 in the said townsite; provided that the said 40-acre parcel to be selected hereunder shall not include the parcel containing 0.52 of an acre set aside for the Pumping Station of the Railway Company. Any survey of the said 40-acre parcel shall be undertaken by the Province at its own expense.

(6.) The Province will indemnify the Railway Company against all taxes in respect of the 40-foot strip mentioned in clause 4 hereof.

(7.) The Province consents to the construction by the Railway Company from time to time of trackage across the said 40-foot strip in accordance with the reservation contained in clause 4 hereof, and operation thereof, subject to the condition that the said 40-foot strip shall not be blocked by the cars of the Railway Company for any longer period than is necessary for switching purposes.

(8.) The Province agrees to maintain the said 40-foot strip mentioned in clause 4 hereof on its present level, and not to alter the same in any way which will prevent, or make more difficult, railway operation thereover; and to assume the maintenance of the said 40-foot strip so that it shall not be or become a city highway or street.

(9.) The Province will grant to the Corporation of the City of Prince Rupert such portion of the 450 feet of the water lot in front of water-front Block G which is to be transferred by the Railway Company to the Province under agreement dated the 16th day of March, 1918, as may be agreed upon between the Province and the said Corporation, not exceeding, however, 200 feet frontage, on first obtaining from the Corporation of the City of Prince Rupert its written assent to the application of the Railway Company to the Board of Railway Commissioners and the Governor in Council for authority to fill in that portion of Cameron Cove (Cow Bay) which is to be conveyed by the Province to the Railway Company under the said agreement of 16th March, 1918, including authority to fill with permanent fill the Railway Company's bridge across the said cove. And the Province also agrees to give its full support to the said application and to file with the Railway Company the assents of the City of Prince Rupert hereinbefore in this clause referred to as and when obtained.

(10.) The Province agrees to approve of the Railway Company's location line of the proposed spur to serve the Albert & McCaffery premises in water-front Block F in accordance with the plans which have already been submitted to the Department of Public Works of the Province, subject to the condition that the said 40-foot strip referred to in clause 4 of this Agreement shall not be blocked for any longer period than is necessary for switching purposes.

This Agreement shall extend to and be binding upon the successors and assigns of the parties hereto respectively.

ADJUSTMENT AGREEMENT AUTHORIZATION.

In witness whereof the Honourable T. D. Pattullo, Minister of Lands of the said Province, has hereto set his hand and affixed the seal of his Department, and the Railway Company and the Townsite Company have caused to be hereto affixed their respective corporate seals attested by the hands of their respective proper officers the day and year first above written.

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

[Assented to 21st December, 1923.]

1913, c. 28;
1916, c. 25;
1919, c. 31, s. 4.

H

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 "Official Guardians Act Amend- Short title. ment Act, 1923."

2. Section 16 of the "Official Guardians Act," being chapter 28 Re-enacts s. 16. of the Statutes of 1913, is repealed, and the following is substituted therefor:

"Account of Official Guardian."

"16. (1.) All moneys received by the Official Guardian in his official capacity, either as guardian ad litem or guardian of the estate of any infant, including all costs paid to the Official Guardian by any person, shall be paid forthwith by the Official Guardian to the Minister of Finance, and shall be placed to the credit of an account in the Treasury to be styled Account of Official Guardian.' "(2.) There shall be payable by way of commission to the Official Commission payable Guardian from each estate under his guardianship five per centum of the gross value of the estate, and such commission shall be a first charge on the estate.

"(3.) All sums payable by way of commission and all amounts of costs received by the Official Guardian shall be paid from the Account of Official Guardian into the Consolidated Revenue Fund and become a part thereof."

by estates.

Transfer of

commissions and

costs to Consolidated Revenue Fund.

3. Section 17 of said chapter 28, as re-enacted by section 2 of Re-enacts s. 17. chapter 25 of the Statutes of 1916, is repealed, and the following is

substituted therefor:

"17. (1.) All moneys belonging to the estate of any infant which Interest on estate are at the credit of the Account of Official Guardian shall draw Treasury.

moneys in

Investment of estate moneys.

interest, payable by the Minister of Finance, at the rate of three per centum per annum from the first day of the next month after payment of such moneys into said account until the first day of the month during which such moneys are paid out, and no interest shall be paid in respect of fractions of a month.

"(2.) The Official Guardian may invest any moneys which are at the credit of the Account of Official Guardian, belonging to the estate of any infant of which he is guardian, in such securities as private trustees may by law invest trust-moneys; but the Official Guardian shall, in each case, forthwith deposit with the Minister of Finance for safe-keeping all securities taken and held by the Official Guardian in respect of the investment."

VICTORIA, B.C.:

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