An Act to authorize the granting of a certain Land
Subsidy for and in aid of the Columbia and
Kootenay Railway.

[6th April, 1889.]

WHEREAS an Act has been passed at the present Session of the Preamble. Legislative Assembly of the Province of British Columbia enabling the Columbia and Kootenay Railway and Navigation Company to construct a railway from the outlet of Kootenay Lake through or by the Selkirk Range of Mountains, to some point on the Columbia River at or near the junction of the Kootenay with the Columbia River, in British Columbia:

And whereas it is expedient to grant a certain land subsidy to the said Company:

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

1. Subject to the conditions hereinafter contained, it shall be lawful Power to issue land for the Government of British Columbia to grant to the said Company warrants not exceeding 200,000 acres in lands and warrants (in the form in the Schedule hereto) for Crown aid of Columbia and Kootenay Railway. lands in the Kootenay District, not exceeding in the aggregate two hundred thousand acres.

2. The Lieutenant-Governor in Council, after actual construction of Upon commencethe said railway has been commenced, may, at the request of the Com- ment of work land may be reserved, pany, reserve in favour of the Company any blocks of land four miles in upon the Company depositing $2.50 per length by four miles in breadth that may be designated by the Com- acre. pany, upon the Company depositing with the Government the sum of two dollars and fifty cents per acre, which said sum shall be returned, without interest, to the Company upon completion of the said railway and equipment of the line of steamers to the satisfaction of the

Reserve of right of
way upon location
of the line.

When Crown grants to be given to the Company.

Land laws to apply.

Each land warrant to be for 10,240

acres.

LAND GRANT.

Lieutenant-Governor in Council within the time mentioned in the Act, and in default of such completion and equipment the obligation to return the money shall cease, and the Company shall be entitled to receive Crown grants of the land in respect of which the deposit has been made. So soon as any land has been reserved, such land shall be liable to taxation.

3. The Lieutenant-Governor in Council may, after the said Company has finally located its line of railway, and has filed a plan of same with the Chief Commissioner of Lands and Works, set apart and reserve a right of way through the lands of the Crown along the line of the said proposed railway, from the point of commencement on the outlet of the Kootenay Lake through the Selkirk Range to a point on the Columbia at or near the junction of the Kootenay and Columbia Rivers.

4. Upon completion of the said railway, and when the same is in good running order to the satisfaction of the Lieutenant-Governor in Council, and when the line of steamers has been duly equipped, in accordance with the terms of the Act, the Government shall grant to the Company the lands reserved under section 2 of this Act, and land warrants for a sufficient number of acres to bring the total amount of the land subsidy up to two hundred thousand acres.

5. The lands to be acquired by the Company shall be held subject to the Land Laws of the Province.

6. Every land warrant, except one which may be issued for five thousand four hundred and forty acres, shall be for not less than ten thousand two hundred and forty acres, and may be transferable to other persons, and shall entitle the holder thereof, upon his complying (except as to payment of purchase money) with the laws of the Province relative to the purchase of surveyed or unsurveyed land, and upon the Crown grant to be surrender of the warrants to the Chief Commissioner of Lands and issued on surrender Works, to receive a Crown grant of the lands applied for, in pursuance of the said warrant and the said Land Laws.

of warrant.

Indian Reserves and

7. No Crown grant shall issue except for unoccupied, unreserved, certain other lands and unrecorded Crown lands, not being an Indian Settlement or Indian not to be granted.

Surveys to be at expense of the Company.

Land warrants to be in force six years.

Reserve.

8. The surveys necessary for defining the said land shall be at the expense of the Company, and such surveys shall be conducted in accordance with the Land Laws of the Province.

9. The land warrants issued under this Act shall be in force for six years from the passage of this Act.

LAND GRANT.

10. The said Company shall, subject as hereinafter mentioned, Grant of right of receive a grant of—

(a.) A right of way through the lands of the Crown, ninety-nine feet in width, along the line of the said proposed railway, from the point of commencement, from the outlet of Kootenay Lake, through or by the Selkirk Range of mountains, to some point on the Columbia River:

(b.) Such Crown lands as may be necessary for terminal purposes,

sidings, stations, sheds, wharves, warehouses, embankments,
bridges, culverts, drains, and other works and approaches thereto.

way, &c.

11. The right of way of the Company shall not be subject to Right of way exProvincial taxation for a period of five years from the passing of this tion for five years. Act, and the railway and steamers, and all stations and station-grounds, workshops, buildings, yards, rolling stock, appurtenances, and other property required and used for the construction, equipment, and working of the said line of railway, and the capital stock of the Company,

and all personal property owned or possessed by the Company in And personal propBritish Columbia shall be free from Provincial taxation until the lapse erty for two years. of two years after the completion of the railway.

miners.

12. Nothing contained in this Act shall be construed to interfere Saves rights of free with free miners entering upon and searching for precious metals, and acquiring claims in accordance with the mining laws of the Province.

warrants.

13. In case of any transfer of the said land warrants, cited in this Transfer of land Act, from one person to another person, such transfer shall be registered with the Chief Commissioner of Lands and Works.

Transferable

SCHEDULE

LAND WARRANT.

No.

This is to certify that A. B. (his or their heirs, successors) and assigns is entitled, under the provisions of an Act intituled "An Act to authorize the granting of a certain Land Subsidy for and in aid of the Columbia and Kootenay Railway," to acres of land in Kootenay District, subject to the provisions of the said Act and the

LAND GRANT.

surrender of this warrant, to receive a Crown grant for

acres

of land to be acquired in pursuance thereof, and in accordance with the Land Laws of the Province.

If this warrant is not used prior to the

1895, the same is void.

Dated at Victoria, B. C., this

day of

Chief Commissioner of Lands and Works.

VICTORIA, B. C.:

Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty

[6th April, 1889.]

HE

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

waggons with loads of 2,000 lbs. to have

1. After the first day of October, 1890, it shall be unlawful for In Victoria District, any waggon or vehicle carrying a load of more than two thousand after 1st Oct., 1890, pounds weight avoirdupois to be drawn or driven on any of the public highways of the Victoria District, as defined by Schedule A of the "Constitution Act," unless the tires of such waggon or vehicle shall be at least four inches in width.

4-inch tires.

fraction of this Act.

2. It shall be sufficient prima facie evidence that any waggon or What shall be prima vehicle has, contrary to the provisions of this Act, carried a load of facie evidence of inupwards of two thousand pounds weight, for any credible witness to state upon oath that to the best of his judgment and opinion the waggon or vehicle in question, at the time of the alleged infraction of this Act, carried a load of more than two thousand pounds weight, and upon such evidence being given the onus shall be cast upon the party charged of disproving that the load exceeded two thousand pounds.

3. The owner of any waggon or vehicle, or person in charge thereof, Penalty. who contravenes or permits the contravention of the first section of this Act, shall for the first offence forfeit and pay a penalty of not less than ten dollars, nor more than twenty-five dollars, and for a second or subsequent offence shall pay a penalty of not less than twenty-five dollars, nor more than fifty dollars, such penalties, or either of them, to be recovered by distress, and in default of sufficient distress the offender shall suffer imprisonment for any time not exceeding one month.