3. The sub-clause substituted by section three of chapter Clause 38 thirty-one of the Statutes of 1887, for sub-clause five of clause amended. thirty-eight of the said Act, is hereby repealed and the following substituted therefor :

tler who has

price.

default.

5. If, in connection with the homestead entry, the settler Right of sethas obtained a pre-emption entry, in accordance with the pro-tained previsions of this Act, he shall, on becoming entitled to a patent emption entry for his homestead, be also entitled to a patent for the land and pays the included in such pre-emption entry, on payment of the price fixed, in accordance with the provisions of this Act, by the Governor in Council; but such pre-emption right, if not exercised and payment made within two years after the settler Forfeiture in becomes entitled to claim a patent under his homestead entry, shall be forfeited, and the land included in such pre-emption entry may be opened for homestead entry by the Minister of the Interior: Provided, however, that where a settler has had Proviso as to a homestead and pre-emption entry, and has obtained a patent stead entry. for his homestead in time to entitle him to make a second homestead entry, and has been permitted to make a second homestead entry for the quarter section which was previously his pre-emption, he shall be entitled to a patent under such second homestead entry upon proving

second home

"(1.) That he has resided upon the quarter section which was Residence. the subject of his first homestead entry for not less than six months in each of three years from and after the date of his second homestead entry;

land.

"(2.) That within the first year after the date of his second Breaking homestead entry he broke and prepared for crop not less than fifteen acres of his second homestead quarter section;

"(3.) That within the second year after the date of his Second year. second homestead entry he cropped the said fifteen acres, and broke and prepared for crop not less than fifteen acres in addition on his second homestead quarter section, making not less than thirty acres ;

"(4.) That within the third year after the date of his Third year. second homestead entry he cropped the said thirty acres, and broke and prepared for crop not less than ten acres in addition, making in all not less than forty acres of the said second homestead broken and prepared for crop within three years of the date of his second homestead entry;

"And the residence described in this sub-clause shall be suffi- Residence exciently fulfilled if the applicant has not been absent from his plained. residence for more than six months in any one year.

4. The clause substituted by section five of chapter thirty- Clause 43 reone of the Statutes of 1887, for clause forty-three of the said pealed. Act is hereby repealed and the following substituted therefor :

try.

"43. No person who has obtained a homestead patent or a No second certificate countersigned by the Commissioner of Dominion homestead enLands, or a member of the Dominion Lands Board, as in the next preceding clause mentioned, shall be entitled to obtain another homestead entry: Provided, however, that any Exception.

Chap. 17 of 1883.

Clause 47 repealed.

Mineral and coal lands.

Roads in
N. W. T.

Irrigation

person who, on the second day of June, in the year one thousand eight hundred and eighty-nine, had obtained a homestead patent, or a certificate of recommendation for a patent countersigned by the Commissioner of Dominion Lands, or a member of the Dominion Lands Board, or who had complied with the homestead provisions of the Acts then in force relating to Dominion lands entitling him to such certificate, or any person who has been permitted under the terms of section thirty-eight of the Dominion Lands Act, 1883, to create a charge upon his homestead, and had completed his homestead duties on the said second day of June, one thousand eight hundred and eighty-nine, shall be permitted to make a second homestead entry."

5. Clause forty-seven of the said Act is hereby repealed, and the following substituted therefor :

"47. Lands containing coal or other minerals, including lands in the Rocky Mountains Park, shall not be subject to the provisions of this Act respecting sale or homestead entry, but the Governor General in Council may, from time to time, make regulations for the working and development of mines on such lands, and for the sale, leasing, licensing or other disposal thereof: Provided, however, that no disposition of mines or mining interests in the said park shall be for a longer period than twenty years, renewable, in the discretion of the Governor in Council, from time to time, for further periods of twenty years each, and not exceeding in all sixty years."

6. The Lieutenant Governor and Assembly of the Northwest Territories may, with the consent of the Governor in Council, close up any road which has been transferred to the Territories, or vary its direction'; and may, subject to any ordinances made in respect thereof, open and establish any new highway in the stead of such road; and the land in any road allowance, public travelled road, or trail so closed may be dealt with as the Governor in Council sees fit.

7. The Governor in Council may grant to individuals or companies, &c. companies, upon such terms and conditions as appear just, and subject to such regulations as are from time to time made in that behalf, the right to construct through Dominion lands conduit pipes or canals for irrigation purposes, together with all water powers and privileges necessary therefor.

Section 12 of c. 24 of 1891 repealed.

8. Section twelve of chapter twenty-four of the Statutes of 1891, intituled An Act further to amend the Dominion Lands Act, is hereby repealed.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's

most Excellent Majesty.

55-56 VICTORIA.

CHAP. 16. .

An Act to amend An Act respecting the Department of the Geological Survey.

[Assented to 10th May, 1892.]

HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as

follows:

1. Section two of the Act fifty-third Victoria, chapter eleven, intituled An Act respecting the Department of the Geological Survey, is hereby repealed and the following substituted therefor :

“2. There shall be a department of the Civil Service which shall be called 'The Geological Survey,' which shall be presided over by a Minister of the Crown to be named from time to time for that purpose by the Governor in Council; and the Minister so named shall have the management and control of the department during the pleasure of the Governor in Council."

2. Section ten of the said Act is hereby amended by striking out the words "of the Interior" in the twelfth line thereof.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty.

Department constituted.

Deputy Min

cers.

55-56 VICTORIA.

CHAP. 17.

An Act respecting the Department of Marine and

Fisheries.

[Assented to 12th April, 1892.] HER Majesty, by and with the advice and consent of the

Senate and House of Commons of Canada, enacts as

follows:

1. There shall be a department which shall be called "The Department of Marine and Fisheries," over which the Minister of Marine and Fisheries for the time being appointed by the Governor General by Commission under the Great Seal shall preside; and the Minister shall have the management and direction of the said department and shall hold office during pleasure.

2. The Governor in Council may appoint an officer who ister and offi- shall be called the Deputy Minister of Marine and Fisheries and who shall be the deputy head of the Department of Marine and Fisheries; and the Governor in Council may also appoint such other officers as are necessary for the proper conduct of the business of the said department, all of whom shall hold office during pleasure.

Matters under

partment.

3. The duties, powers and functions of the Minister of control of de- Marine and Fisheries shall extend and apply to the subjects and boards and other public bodies, officers and other persons, and services and properties of the Crown, enumerated in the schedule to this Act, of which the said Minister shall have the control, regulation, management and supervision.

Governor in
Council may

to another de

4. The Governor in Council may at any time assign any of transfer duties the duties and powers hereby assigned to and vested in the under this Act Minister of Marine and Fisheries to any other member of the partment. Queen's Privy Council for Canada and his department; and from the period appointed for that purpose by Order in Council such duties and powers shall be transferred to and vested in such other member of the Queen's Privy Council for Canada and his department.

invited for

5. The Minister shall invite tenders by public advertisement Tenders to be for the execution, of all works, except in cases of pressing works and emergency in which delay would be injurious to the public supplies. interest, or where, from the nature of the work, it can be more expeditiously and economically executed by the officers and servants of the department; and the said Minister shall also in like manner invite tenders for all contracts for supplies.

taken.

6. The Minister, whenever any public work is being carried Security to be out by contract under his direction, shall take all reasonable care that good and sufficient security is given to and in the name of Her Majesty for the due performance of the work, within the amount and time specified for its completion; and whenever it seems to the Minister inexpedient to let such work to the lowest tenderer, he shall so report and shall obtain the authority of the Governor in Council previous to passing by such lowest tenderer.

7. The Minister shall make and submit to the Governor Annual reGeneral an annual report on all the works under his control, port. to be laid before both Houses of Parliament within fifteen days from the commencement of each session, showing the state of each work and the amount received and expended in respect thereof, with such other information as is requisite.

8. This Act shall be substituted for chapter twenty-five of R.S.C., c. 25 the Revised Statutes, which is hereby repealed.

SCHEDULE.

1. Pilots and pilotage, and decayed pilots' fund.

2. The construction and maintenance of lighthouses, lightships, fog-alarms, buoys and beacons.

3. Ports and harbours, harbour commissioners and harbour masters.

4. Piers, wharves and breakwaters, and the collection of tolls in connection therewith, and the minor repairs on such properties.

5. Steamships and vessels belonging to the Government of Canada engaged in connection with services administered by the Minister of Marine and Fisheries.

6. Sick and distressed seamen, and the establishment, regulation and maintenance of marine and seamen's hospitals. 7. River and harbour police.

8. Humane establishments.

9. Life-boat service, and rewards for saving life.

10. Inquiries into causes of shipwrecks and casualties, and the collection of wreck statistics.

11. Inspection of steamboats and examination of engineers, and inquiry into accidents to steamers and the conduct of engineers.

repealed.