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2. All lots so surveyed and laid off, and all other lots of Crown Land which have been surveyed and are eligible for settlement, shall be reserved for actual settlers, and shall not be disposed of to speculators or for lumbering purposes.
3. One hundred acres of land so surveyed may be located to immigrants or other male persons of the age of eighteen years and upwards, who do not own any other land in the Province, upon the following terms and conditions, viz :
On payment of twenty dollars cash in advance, to aid in the construction of roads and bridges in the vicinity of his location, or upon his performing labour on such roads and bridges to the extent of ten dollars per year for three years, as may be directed by the Governor in Council or officer appointed to superintend the same:
He shall commence improving his location immediately after obtaining permission to occupy the same, and shall within two years thereafter satisfy the Governor in Council that he has built a house thereon of not less dimensions than sixteen by twenty feet, and is residing thereon, and that he has cleared at least two acres of said land :
He shall continue to reside upon said land for three suc. cessive years, at the expiration of which time, provided he shall have cleared and cultivated at least ten acres of the said land, and performed the labour in the manner hereinbefore prescribed, or paid twenty dollars in advance, a grant shall issue to him of the one hundred acres so located as aforesaid; provided always, that should the means of such person so locating as aforesaid be limited, he may from time to time, and for reasonable periods, absent himself from said land in order to procure the means of support for himself and family, without forfeiting his claim to constant residence.
4. Such person so located may, after having built a house as aforesaid, and cleared and cultivated two acres of the said land, and paid the twenty dollars in advance, or performed labour on the roads and bridges to the extent of ten dollars or upwards, cut and haul lumber and timber from and off the said lot; but he shall not sell or otherwise dispose of the standing timber until he has obtained a grant of said lot.
5. Every actual settler who is indebted to the Crown on account of the lot occupied by him, provided such lot do not contain more than one hundred acres, and if he owns no
other land, and has resided on such lot for three years next preceding, and has cleared and cultivated ten acres thereof, and has paid twenty dollars in cash, or periormed thirty dollars worth of labour on the roads as hereinbefore provided, shall be entitled to a grant of such lot.
6. The Governor in Council is hereby authorized to make any regulations which may be necessary to carry out the provisions of this Chapter.
7. The person to whom the land is located may bring an action for any trespass committed on the land so located while he is entitled to possession under the provisions of this Chapter; but nothing in this Chapter shall interfere with the right of the Crown to seize any lumber cut in violation of the provisions of this Chapter, or any regulations framed thereunder, or cut by any person other than the person to whom the same is located.
FREE GRANTS OF CROWN LAND.
Section. 1 Governor, &c., to set apart certain 10 Rights of locatee with regard to tracts of Crown Land.
land. 2 Lots of 100 acres each to be laid 11 Heirs of locatee dying intestate. off for actual settlers.
12 When lands not liable for debts 3 Free grants, to whom made.
of locatee or his heirs. 4 Location tickets, to whom issued. 13 Lands not exempt from rates. 5 Land assigned to each person. 14 Buildings may be erected for ten6 Applicant for land to make affi- porary accommodation. davit.
15 How disposed of when they have 7 When grant shall issue.
served their purpose. 8 If lot forfeited, what claim for 16 Each associate of an Association improvements allowed.
of not less than ten residents may 9 What trees cut on lots may be have lot. seized.
17 Governor may appoint agents and
inake regulations. 1. The Governor in Council is hereby authorized and em. powered to select and set apart certain tracts of the Crown Lands in this Province suitable for settlement and cultivation and cause public roads to be made to and through the same when selected.
2. Such tracts shall be surveyed and laid off into lots of one hundred acres each, having a front on such roads; and the said lands so selected, surveyed, and laid off, shall be reserved for actual settlers.
3. Free grants of such lots may be made to such persons as may become actual settlers under this Chapter, and the regulations from time to time made under the authority hereof.
4. The person to whom any land maybe assigned or allotted under this Chapter (hereinafter called the Locatee) for a free grant thereof, shall be considered as located for said land within the meaning of this Chapter, so soon as the approval of his application therefor shall be published in the Royal Gazette; and upon such publication, a certificate in such form as may be prescribed, to be called a “Location Ticket,” shall be issued to the applicant by the Surveyor General, a racord of which shall be kept in the Crown Land Office.
5. No person shall be allotted or assigned any land under this Chapter, or any regulations hereunder, unless such per. son shall be of the age of eighteen years or upwards; nor shall any unmarried person be assigned any greater quantity than one hundred acres ; married persons having two or more children under the age of eighteen years may be assigned any quantity not exceeding two hundred acres.
6. Before any person shall be allotted or assigned any land under the provisions of this Chapter, such person shall make affidavit, to be deposited in the Crown Land Office, that he has no real estate, that he has not been assigned or allotted any land under the provisions of this Chapter, that he is of the age of eighteen years or upwards, and that such land is desired for his own benefit, and for the purpose of actual settlement and cultivation, and not either directly or in. directly for the use and benefit of any other person or persons whatsoever, and not for the purpose of obtaining or disposing of any of the trees growing thereon before he obtains permission therefor.
7. No grant shall issue for any land allotted or assigned under this Chapter, or any regulation made hereunder, until the applicant or those claiming under him shall have perförmed each of the following settlement duties or condi.. tions, viz:--The locatee shall · First— Commence chopping, clearing and improving on
the lot assigned to him within one month after publi
cation of his approval : Secondly-Build within one year from such publication a
house thereon, fit for habitation, of not less dimensions than sixteen feet by twenty, and shall chop down and cultivate not less than three acres by sowing or plant
ing the same : Thirdly-Chop down, cultivate and clear not less than ten acres within three years from such publication, and shall each year actually and continuously cultivate all the land chopped down during such three years : Fourthly—Reside actually and continuously upon such
land for the term of three years next succeeding such publication, and thence up to the issue of the grant, except that absence during the months of July, August, January, February and March in any year, shall not be held to be a cessation of such résidence, provided such
land be cultivated as aforesaid. . On failure of the performance of any of the settlement conditions and duties in this Section mentioned, the Location Ticket shall be forfeited, and all right of the locatee, or any one claiming under him him in the land, shall cease.
8. No claim for improvement by a locatee whose lot is forfeited shall be allowed, except for buildings, the reasonable value of which shall for two years be a charge upon the lot, and shall be paid for by any other applicant within that time, before such lot shall be located to such applicant.
9. All trees growing or being upon any lots so assigned as aforesaid, shall be considered as reserved from the said location, and shall be the property of Her Majesty, except that the locatee, or those claiming under him, may cut and use such trees as may be necessary for the purpose of building, fencing, or fuel, on the land so allotted, and may also cut and dispose of all trees actually required to be removed in bona fide clearing said land for cultivation; and no trees (exçept for necessary building, fencing and fuel as aforesaid), shall be cut beyond the limit of such actual clearing before the issuing of the grant, unless license for cutting the same be obtained; and such license may be obtained by the locatee after compliance with settlement conditions numbers one and two, upon such terms as may be prescribed by the Gore ernor in Council; but any trees cut (except as aforesaid) without such license, may be seized and forfeited in like manner as trees cut without license upon ungranted Crown Lands.
10. Any locatee, or any person claiming under him, may maintain an action of trespass for any injury done to the land so located to him, or his interest therein, while entitled to possession thereof under the provisions of this Chapter ; but nothing herein contained shall be construed to interfere with the rights of the Crown to seize any trees cut in violation of the provisions of this Chapter, or any regulations made hereunder.
11. If the locatee die intestate before the issue of the grant, all his right and interest to such lands shall vest in his widow if he leaves one him surviving, but if not, then in his heirs.
12. Neither the locatee, nor any one claiming under him, shall have power to alienate (otherwise than by devise),or to mortgage or pledge any land located as aforesaid, or any right or interest therein, before the issue of the grant; and no land located as aforesaid, nor any interest therein, shall in any event before the issue of the grant thereof, be or be. come liable to the satisfaction of any debt or liability contracted by the locatee, his widow, heirs, or devisees.
13. Nothing in this Chapter contained shall be construed to exempt any such land from levy or sale for rates and taxes now or hereafter legally imposed upon the locatee thereof, or any person claiming the same under him. ;
14 The Governor in Council may cause to be erected on any tract selected under the first Section of this Chapter, a building suitable for the temporary accommodation of any immigrants that it may be deemed advisable to colonize on any such tract, such building to serve as a residence for such immigrants until they build houses for themselves, upon lots to be located to them under the provisions of this Chapter and may aid any locatee under this Chapter in chopping and clearing his lot, by an appropriation of not exceeding fifteen dollars, so soon as he shall have chopped down and piled for burning two acres thereof; but no immigrant shall be entitled to reside in such temporary residence for a longer period than fifteen months.
15. So soon as such building shall, in the opinion of the Governor in Council, have served the purpose for which it is to be erected, it may, together with the one hundred acre lot on which it stands, be granted to the Trustees of the School District in which it is situated, in trust for the benefit of the Schools of the District, or other public purposes.