of the petition, declaration, notice of hearing, plans, and evidence intended to be used on the hearing, at least four weeks before the day fixed for the hearing of the petition.

petition

6. If the land covered by the plan or that part of the plan Posting of proposed to be cancelled or amended is situate within a municipality, and plans. a copy of the petition, declaration, and plans shall be posted up for four weeks in the municipal hall of the municipality, and if situate within unorganized territory, in the post-office situate nearest to the lands covered by the plan.

7. The Registrar may, for the purposes of this Act:-
(a.) Administer oaths, or in lieu of administering an oath
require any person examined by him to make and subscribe
a statutory declaration of the truth of the statements made
by him in his examination:

(b.) Take evidence under oath affecting title or of facts neces-
sary to enable him to render a decision in pursuance of the
petition:

(c.) Summon any person whose evidence may be necessary or material in respect of the hearing of the petition to appear and give evidence upon oath and to produce any instrument or evidence affecting the title before him:

(d.) Adjourn the hearing of the petition from time to time. upon such terms as may seem proper:

(e.) Hear counsel for the petitioners or any interested parties: (f.) Award such costs to the applicants or to any other person interested in the petition as he considers just, and order by whom the costs shall be paid.

8. If any person other than the petitioners is the owner of any lands covered by the plan or that part of the plan proposed to be cancelled and objects to the cancellation or amendment, the Regis trar shall decide whether the land and rights of such owner are prejudicially affected by the proposed cancellation or amendment, and if he decides that they are he shall by order call upon the petitioners to elect between abandoning the application and exercising the right of compulsory purchase as hereinafter provided. If the petitioners elect to purchase the land of the objecting owner, the Registrar shall take evidence as to and determine the value of his title in the lands; and the Registrar may by order direct that a sum equal to double the amount of the value so determined shall within such time as he considers reasonable be tendered by the petitioners to the owner or to his agent or solicitor, or in case of inability to make the tender, or in case of the tender being refused, that forthwith a copy of the order shall be filed with and such sum paid into the Provincial Treasury at Victoria to the credit of the

owner.

Vesting orders.

Power of Registrar to order cancellation or amendment of plans.

Cancellation of interior lines of subdivision.

Filing of orders.

Protection of rights

of adjoining owners.

9. Upon proof of payment of the compensation mentioned in the last preceding section, or of the tender thereof and its refusal, or of the inability to make the tender as aforesaid and of the consequent payment into the Provincial Treasury at Victoria, the Registrar may by order vest the title of the owner in the lands or any part thereof in the applicants, and the order shall have the effect of transferring to and vesting in the applicants the title of the owner in the lands as fully and completely as if the owner had conveyed his title to the applicants.

10. The Registrar shall have power by order to cancel or amend the plan or any part thereof, and may direct that a part or parts of the plan less than what is described in the petition be cancelled or amended; and to provide for the enjoyment by the owners of the subdivided lands or any part thereof free from any easement or the right of any person to keep open any highway, square, or park dedicated by the plan, and to vest in severalty the land forming any such highway, square, or park in the owners of the subdivided lands immediately adjoining thereto; and unless the Registrar for good cause connected with the dedication or creation of the highway otherwise orders, each owner shall have one-half of the highway, park, or square to the centre thereof immediately adjoining the land. owned by him. Where any parcel, the boundaries of which are altered, is subject to a charge, the order may direct that the title. vest in the holder of the charge to the extent necessary to support his charge and extend the same to the parcel as altered.

11. Where all the parcels in any block of land shown on a plan are held by one person or by two or more persons as joint tenants or tenants in common, or have been acquired by the Crown, and where the parcels so owned or acquired are free from all charges or encumbrances, or the holders thereof consent and the charges are extended to cover the block as one parcel, then, upon summary application being made to the Registrar by petition setting out the facts, but of which petition or of the hearing thereof no notice or posting shall be required, the Registrar may by order amend the plan by cancelling the interior subdivision lines of the block.

12. Every order made by the Registrar under the provisions of this Act shall be signed by him, and the petitioners shall thereupon produce the order for registration and make application for the issue of new certificates of title for the parcels created or altered by the order. All certificates of title for the former parcels shall be surrendered for cancellation. If the order directs an amendment of the plan, the order shall be accompanied by a plan in duplicate showing the amendment.

13. Upon the hearing of the petition, the Registrar shall, as far as possible, protect the rights of the owners of adjoining properties

as to ingress and egress, and other necessary easements shall be duly considered and protected.

tion of Attorneytion of highway or

14. No alteration in the boundaries and no closing on annulment Effect of opposiof any highway, park, or public square shown on any plan deposited General to alteraunder the "Land Registry Act" shall be made under this Act or park. otherwise if the Attorney-General opposes the application for such alteration, closing, or annulment.

order of

Registrar.

15. If any person is dissatisfied with any order of the Registrar Appeal from under this Act, he may appeal to a Judge of the Supreme Court in Chambers in a summary way within twenty-one days after the order has been signed by the Registrar, and the provisions of section 230 of the "Land Registry Act" shall, mutatis mutandis, apply to such appeal.

16. The Lieutenant-Governor in Council may at any time cancel a plan or any portion of a plan of a registered subdivision whenever it appears to be in the public interest so to do, and by the same or any subsequent order may make such provisions as he thinks just for the protection of the rights of the purchaser of any parcel shown on the plan.

Power of Lieut.

Governor in Council

to cancel plans in

public interest.

17. The Lieutenant-Governor in Council may from time to time, Fees and costs. by Order, establish a scale of fees to be paid to the Registrar on all petitions, applications, hearings, and registrations under this Act, and may in like manner establish a scale of costs which shall govern Registrars in awarding costs on hearings under this Act.

18. The "Plans Cancellation Act," being chapter 179 of the Repeal. "Revised Statutes of British Columbia, 1911," is repealed.

19. All applications and proceedings under the "Plans Cancella- Saving clause. tion Act" repealed by this Act, made or taken before the commencement of this Act, may be continued and dealt with under that Act in all respects as if this Act had not been passed.

VICTORIA, B.C.:

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

1923.

An Act respecting the Provincial Police Force and
Provincial Gaols.

H

[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:

Preliminary.

1. This Act may be cited as the "Police and Prisons Regulation Short title. Act." R.S. 1911, c. 180, s. 1.

2. In this Act, unless the context otherwise requires:

"Force

means the Provincial Police Force:

"Gaol" includes every prison, lock-up, and place of imprisonment in the Province, other than prisons or lock-ups under the control of a municipality or penitentiaries under the control of the Dominion:

"Superintendent" means the Superintendent of Provincial

Police. R.S. 1911, c. 180, s. 2 (altered).

Interpretation.

3. The Department of the Attorney-General shall have charge of Administration the administration of this Act. (New.)

4. Notwithstanding the provisions of the "Civil Service Act," all appointments to the Provincial Police Force and all appointments to the staff of any Provincial gaol shall be made in accordance with this Act, and where there is any conflict between the provisions of the "Civil Service Act" and the provisions of this Act the latter shall prevail. 1920, c. 13, s. 2.

Provincial Police Force.

of Act under
Department of
Attorney-General.
Supremacy of Act

over" Civil Service

Act."

5. The police force established under the Act repealed by this Act Constitution. shall continue, subject to the provisions of this Act, and shall be

known as the "Provincial Police Force," and shall consist of the

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