the City of Montreal; and the High Sheriff of the Counties of York and Peel shall be ex officio Returning Officer for each of the Electoral Divisions in the City of Toronto: together for the same City. 2. But at any General Election, or whenever in any case it Provision happens that writs of Election issue at the same time, or so when several Writs issue nearly at the same time that the one is not returnable before the other or others issue, for several Electoral Divisions for which Divisions of the same Sheriff would, under the foregoing provisions, be ex officio the Returning Officer, then only one of such writs shall be directed to such Sheriff and the other or others to such other person or persons, qualified in the manner provided by the twenty-fifth section of chapter six of the Consolidated Statutes of Canada, as the Governor shall appoint to be the Returning Officer or Officers; and whenever more than one When there is vacancy occurs in the representation of any one of the said more than one Cities at the same time, then the writs of election for filling such vacancies, shall issue on the same day, and it shall be the issue at the duty of the Returning Officers to whom they were respectively same time; directed, to meet together and to agree upon and to fix the and Polls, &c., same day for the nomination day, also to agree upon and fix the same day for the opening of the Polls in each electoral division of such City, in which an election is to be held under the said writs, and likewise to agree upon and to fix the same day for proclaiming the persons elected. the vacancy, Writs shall be held on the same day. Act. 7. The foregoing provisions of this Act shall come into force, Commenceas regards the City of Quebec, immediately on its passing, and ment of this as regards each of the other Cities mentioned therein, respectively, whenever the seats of all the Members representing such City in the Legislative Assembly become vacant, and not before. Montcalm S. In lieu of the list which he is bound to make for Mont- Two Lists of calm Ward in virtue of the eleventh section of chapter Voters to be six of the Consolidated Statutes of Canada, the Clerk of the made for City of Quebec shall make two lists for the said Ward, that Ward. is to say a list of all persons who are entitled to vote in respect of real property, situated in that part of Montcalm Ward contained in Quebec West, and another list of the persons entitled to vote in respect of real property situated in that part of Montcalm Ward contained in Quebec Centre; and inas- Proviso. much as the list for the present year has been completed, the Clerk of the City of Quebec shall, immediately after the passing of this Act, prepare the two lists above mentioned upon the revised list for Montcalm Ward, and the said two lists shali be substituted for the one list prepared for the said Ward before the passing of this Act. САР. Preamble. Department and Commis sioner of CAP. II. An Act respecting the sale and management of the, [Assented to 23rd April, 1860.] ER Majesty, by and with the advice and consent of the follows: 1. There shall continue to be and be a Department for the management and sale of the Public Lands and Forests, to be Crown Lands. called "The Department of Crown Lands"; and the same shall be presided over by "The Commissioner of Crown Lands" for the time being. Assistant of Crown duties and oath of office. 2. There shall continue to be an "Assistant Commissioner Commissioner of Crown Lands," who shall be appointed, from time to time Lands-his as a vacancy occurs, by the Governor in Council---and shall appointment, perform such duties in the said Department as may be assigned to him by the Governor in Council or the Commissioner of Crown Lands, and shall preside over the Department and discharge therein the duties of the Commissioner of Crown Lands, in the absence of that officer or in the case of a vacancy in the Office of Commissioner, and shall, before entering on the duties of his office, take an oath faithfully to discharge the same, which oath shall be administered by the Commissioner of Crown Lands, or any person by the Governor for that purpose appointed. Departments of Surveyor General and Commissioner of Crown Lands consolidated. Powers and ercised and COMMISSIONER AND OFFICERS OF DEPARTMENT. 3. The Department and Office of the Surveyor General of this Province shall continue to be consolidated with the Department and Office of the Commissioner of Crown Lands, under the superintendence and management of the last named Officer. 4. All the powers and duties which, before the seventeenth duties of the day of March, 1845, were assigned to or vested in the Surveyor Surveyor Ge- General, shall be vested in the Commissioner of Crown Lands; neral to be ex- and the said powers and duties shall be exercised and performed performed by by him, or by any Assistants or Clerks in his Department or Office, or by any person whom he, by an instrument in writing under his hand, authorizes to that effect, and under such name or designation of office as he may fix, as effectually as they might before the said day have been exercised or performed by the Surveyor General. the Commissioner of Crown Lands. Governor may appoint officers and agents under this Act. 3. The Governor may, from time to time, appoint Officers and Agents to carry out this Act and Orders in Council under it, which Officers and Agents shall be paid in such manner and at such rates as the Governor in Council may direct. 6. The Governor in Council shall require from the Commis- Commissionsioner of Crown Lands and from the Assistant Commissioner, er, Assistant and from every Agent appointed under him, security for the Commissioner and Agents to due performance of his duty; Provided that all securities given give security. under any repealed Act shall nevertheless continue in full force. Proviso. 1 land, &c. in 7. No County or Resident Agent for the sale of Public Lands Purchase, &c. shall, within his division, directly or indirectly, unless by Agent of under an Order of the Governor in Council, purchase any his agency to land which he is appointed to sell, or become proprietor of or be void, and interested in any such land, during the time of his Agency; and agent to forany such purchase or interest shall be void; and if any such feit his office Agent offends in the premises, he shall forfeit his office and the sum of four hundred dollars for every such offence, to be recovered in action of debt by any person who may sue for the same. and $400. 8. The Commissioner of Crown Lands shall annually lay Commissioner before the Legislature, and within ten days after the meeting to report anthereof, a report of the proceedings, transactions and affairs of nually to the Legislature. the Department during the year then next preceding. EXTENT OF THIS ACT--ORDERS IN COUNCIL FOR CARRYING IT OUT. Indian Lands 9. The Governor in Council may, from time to time, declare Provisions of the provisions of this Act, or any of them, to apply to the this Act may Indian lands under the management of the Chief Superintendent be extended to of Indian affairs, or to the Jesuits' Estates, Crown Domain or by Order in Seigniory of Lauzon; and the said Chief Superintendent of Council. Indian affairs shall, in respect to the said Indian lands so declared to be subject to this Act, have the same powers as the Commissioner of Crown Lands has in respect to Crown Lands. make orders 10. The Governor in Council may, from time to time, make Governor in such Orders as are necessary to carry out the provisions of Council may this Act according to their obvious intent, or to meet cases for carrying which may arise and for which no provision is made by this out this Act. Act;--and such Orders shall be published in the Official Gazette, and in such Newspapers as the Commissioner of Crown Lands may direct, and shall be laid before the Legislature within the first ten days of the Session next after the date thereof; But no such Order shall be inconsistent with this Act, Proviso. save that the powers herein given to the Commissioner of Crown Lands may be exercised by the Governor in Council, and shall be subject to any Order in Council regulating or affecting the same from time to time. FREE GRANTS LIMITED. 11. Except as hereinafter provided, no free grant of Public Free grants. Land shall be made. limited. Lands may be set apart for certain public purposes and free made in trust. 12. Any claim to land arising under any Act or under any Order in Council or other regulation of the Government heretofore in force, shall be determined by the Commissioner of Crown Lands, subject to such arrangement and order in respect to improvements on any particular lands as the Commissioner may think just; or the same may be satisfied by issuing, to the party entitled, Land Scrip, or a certificate entitling him to purchase land to such an amount as the Commissioner of Crown Lands may find just; But no claim for land arising from Militia, United Empire Loyalist, or Military Rights, shall be entertained unless the same was actually located or admitted, or proof in support thereof sufficient in the opinion of the Commissioner of Crown Lands furnished, before the passing, on the fourteenth of June, eighteen hundred and fifty-three, of the Act sixteenth Victoria, chapter one hundred and fifty-nine; and all land scrip or certificates entitling parties to purchase land issued prior to the passing of the said Act, shall be recognized and redeemed, in land or as payment for land; provided that such scrip and certificates be presented and established in the office of the Commissioner of Crown Lands before the first day of January, one thousand eight hundred and sixty-two. 13. The Governor in Council may appropriate any Public Lands as free grants to actual settlers upon or in the vicinity of any Public Roads opened through the said Lands in any new settlements, under such regulations as shall from time to time be made by Order in Council; But no such free grant shall exceed one hundred acres. 14. The Governor in Council may set apart and appropriate such of the Crown Lands as he deems expedient for the sites of Wharves or Piers, Market Places, Gaols, Court Houses, Public Parks or Gardens, Town Halls, Hospitals, Places of grants thereof Public Worship, Burying Grounds, Schools, and for purposes of Agricultural Exhibitions, and for other like public purposes, and for Model or Industrial Farms; and at any time before the issue of Letters Patent therefor, may revoke such appropriation as seems expedient;---and may make free grants for the poses aforesaid, the trust and uses to which they are to be subject being expressed in the Letters Patent ;---But no such grant shall be for more than ten acres in any one instance and for any one of the purposes aforesaid; except for a Model or Industrial Farm, which shall not exceed one hundred acres. Proviso. Governor in may fix price SALES AND LICENSES OF OCCUPATION AND ASSIGNMENT THEREOF. pur 15. The Governor in Council may, from time to time, fix the price per acre of the public lands, and the terms and conditions of sale and of settlement and payment. 16. The Commissioner of Crown Lands may issue, under Licenses of ochis hand and seal, to any person who has purchased or may cupation to be purchase or is permitted to occupy or has been entrusted with issued to intending setthe care or protection of any public land, or who has received tlers their or been located on any public land as a free grant, an Instru- effect. ment in the form of a License of Occupation; and such person, or the assignee, by an instrument registered under this or any former Act, providing for registration in such cases, may take possession of and occupy the land therein comprised, subject to the conditions of such License, and may thereunder, unless the same shall have been revoked or cancelled, maintain suits in law or equity against any wrongdoer or trespasser, as effectually as he could do under a Patent from the Crown;---and such License of Occupation shall be primâ facie evidence for the purpose of possession by such person, or the assignee under an instrument registered as aforesaid, in any such suit; but the As to prior same shall have no force against a License to cut timber licenses to cut existing at the time of the granting thereof. timber. certificates, issued to 17. Every License of Occupation heretofore granted, and Licenses of every certificate of sale or receipt for money received on the Sale occupation, of Public Lands, and every location ticket heretofore granted or receipts and made by the Commissioner of Crown Lands or any Agent of location tickets his, so long as the sale or grant to which such license of occu- heretofore pation, receipt, certificate, or location ticket relates is in force have the same and not rescinded, shall have the same force, and shall enure effect. to the benefit of the party to whom the same was granted, or to the assignee, by instrument registered as aforesaid, in the same manner and to the same extent as the Instrument in the form of a License of Occupation mentioned in the next preceding section. er to keep a lands; on their effect, &c. 18. The Commissioner of Crown Lands shall keep a book Commissionfor registering (at the option of the parties interested) the parti- register of culars of any assignment made as well by the original nominee, assignments purchaser or locatee or lessee of public lands or his heir or legal representative, as by any subsequent assignee of any such public what proof enlands or the heir or legal representative of such assignee ;---and tries shall be upon such assignment being produced to the Commissioner, made therein, with an affidavit of due execution thereof, and of the time and go. place of such execution, and the names, residences and occupations of the witnesses, or as regards lands in Lower Canada upon the production of such assignment executed before Notaries, or before one Notary and two witnesses, or of a nocopy thereof, the said Commissioner shall cause the of every such assignment to be registered in such book of registry, and shall cause to be endorsed on every such assignment a Certificate of such registration, to be signed by himself or the Assistant Commissioner or any officer of the department by him authorized to sign such certificates ;-And every such assignment so registered shall First registerbe tarial material parts ment to be registered, valid. |