HEREAS in the year 1887 a survey was made of Alberni Town- Preamble.

W site, and an addition thereto was made in 1896 and maps

purporting to correctly represent such surveys were compiled from the field-notes of the surveyors, and were deposited in the Land Registry Office, Victoria, under the numbers 197 and 197A, as the official maps of said townsite:

And whereas errors have been found to exist in said Map No. 197 which does not properly represent the said survey, or show the true location of the monuments planted to mark the boundaries thereby established:

And whereas there has been prepared a map of Alberni Townsite which shows the surveyed lines as they actually are upon the ground, which said map, and the field-notes from which it is compiled, show clearly, and correctly describe, the boundaries of all parcels of land as accepted and in the possession of the property owners at the present time, and agrees with the descriptions in the Crown Grant and other title deeds to the property in part of said townsite heretofore erroneously described in reference to the aforesaid official map No. 197:

And whereas it is advisable, in order to remove all doubts and to secure the title of the land in part of said townsite to the parties to whom they justly belong, that the newly compiled map should be substituted for the old official maps:

Short title.

Substitutes a certain map for the

townsite.

Therefore His 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 "Alberni Townsite Map Act, 1909."

2. The map or plan of "Alberni Townsite, B. C.," dated at the official maps of said Lands Department, Victoria, 1909, and bearing the signature of a British Columbia Land Surveyor and of the Surveyor-General, is hereby substituted as the official map of said townsite for and in the place and stead of the said two maps or plans now on file in the office of the Registrar-General of Titles, which latter maps or plans are hereby cancelled and declared null and void.

Copies of sub

stituted map to be

General of Titles.

3. Two copies of said substituted map shall be prepared and cerfiled with Registrar- tified by the Surveyor-General as true copies of the original map, and be deposited in the office of the Registrar-General of Titles in the place of the said cancelled maps or plans.

4. The Crown Grant and all certificates of title issued in respect of any of said lands, and all other deeds and documents in respect of any of the said lands in describing the parcels whereof reference is made to the official map or plan of Alberni Townsite, whether made, executed or issued before or after the passing of this Act, shall be construed as referring, and shall be deemed to refer, to the official map or plan authenticated and validated by this Act, and substituted for the plans hereby cancelled, and all such parcels shall be governed by the dimensions and descriptions shown upon or taken from said substituted map or plan.

5. This Act shall not come into force until a day to be fixed by proclamation by the Lieutenant-Governor in Council.

VICTORIA, B. C. :

Printed by RICHARD WOLFENDEN, I.S.O., V.D., Printer to the King's Most Excellent Majesty. 1609.

H

CHAPTER 2.

[19th February, 1909.]

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

R. S., 1897, c. 9.

1. This Act may be cited as the "Arbitration Act Amendment Short title. Act, 1909."

2. Section 7 of chapter 9 of the Revised Statutes, 1897, being the Re-enacts s. 7. "Arbitration Act," is hereby repealed, and the following section is substituted therefor:-

vacancies.

"7. Where a submission provides that the reference shall be to Power to supply two arbitrators, one to be appointed by each party, or where a submission provides that the reference shall be to three arbitrators, one to be appointed by each party and the third to be appointed by such two arbitrators or by any other person or in any other manner, or where a third arbitrator has been appointed under this Act, then unless the submission expresses a contrary intention:

"(a.) If either of the arbitrators appointed by the parties

refuses to act, or is incapable of acting, or dies, the party appointing him may appoint a new arbitrator in his place: "(b.) If either party fails to appoint an arbitrator either originally or after an arbitrator appointed by him refuses to act, or is incapable of acting, or dies, in substitution for such arbitrator, for seven clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the Court or Judge may, on application by the party who

Sec. 7A added.

When submission to three arbitrators,

award.

gave the notice, appoint an arbitrator who shall have the like powers to act in the reference and to make an award as if he had been duly appointed by the party so in default. The Court or Judge, upon the hearing of such application upon such terms as may be deemed proper, may permit the party in default to appoint an arbitrator to act for him: "(c.) If a third arbitrator refuses to act or is incapable of acting, or dies, a new third arbitrator may be appointed in the same manner as the third arbitrator was originally appointed, or the Court or a Judge may, upon the application of either party, appoint a third arbitrator who shall have the like power to act in the reference and make an award as if he had been appointed by consent of all parties."

3. Said chapter 9 is hereby amended by adding thereto the following section:

"7A. Where a submission to arbitration provides that the refermajority may make ence shall be to three arbitrators, then, unless the submission expresses a contrary intention, the award may be made by a majority of the arbitrators."

VICTORIA, B. C.:

Printed by Richard WolfendEN, I.S.O., V.D., Printer to the King's Most Excellent Majesty.
1909.

An Act for the Relief of the Armstrong Power and
Light Company, Limited.

[12th March, 1909.]

W

HEREAS the Armstrong Power and Light Company, Limited, Preamble. was incorporated on the twentieth day of August, one thousand nine hundred and six, under the provisions of the "Companies Act, 1897," for the purpose of carrying on the business of a light and power company within the Province of British Columbia:

And whereas the said Company, having complied with the provisions of the "Power Companies' Relief Act, 1902," thereby became in the same position as if it had been specially incorporated, as required by Part 4 of the " Water Clauses Consolidation Act, 1897":

And whereas the said Company duly installed the necessary plant and machinery for the purpose of supplying electric light and power for industrial purposes in the townsite of Spallumcheen, in this Province, and since said installation has carried on the said business of supplying electric light and power for industrial purposes in said township:

And whereas said Company inadvertently failed to apply to the Lieutenant-Governor in Council for a certificate under the provisions of section 87 of the "Water Clauses Consolidation Act, 1897," approving its undertaking:

And whereas it is expedient to put the said Company in the same position as if it had duly applied to the Lieutenant-Governor in Council and under the provisions of said Act had obtained a certificate approving its undertaking: