Act not to apply to cases adjudicated before 2nd March, 1877, or pending on 28th Dec., 1876. Land not to etc., before issue of pa lots so sold or located as may have been heretofore or may be hereafter made by the Lieutenant-Governor in Council in. respect of the payment of timber dues or otherwise, and subject also to the exceptions or restrictions contained in the license; but no license shall confer the right to cut any other than pine timber upon lands which have been located or sold in the said territory prior to the date of the license unless the location or sale has been heretofore or is hereafter cancelled.. R. S. O. 1877, c. 24, s. 12. 15. The next preceding two sections shall not apply to any case adjudicated upon by any Court of this Province, on the2nd day of March, 1877 or to any case that was pending on the 28th day of December, 1876. R. S. O. 1877, c. 24, s. 13. 16. Neither the locatee, nor any one claiming under him, be alienated, 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 patent. R. S. O.. 1877, c. 24, s. 14. tent. After issue of 17. No alienation (otherwise than by devise), and no mortgage or pledge of the land, or of any right or interest therein by the locatee after the issue of the patent, and within twenty tee and wife years from the date of the location, and during the life-time jointly. of the wife of the locatee, shall be valid or of any effect, unless the same be by deed in which the wife of the locatee is one of the grantors with her husband, nor unless such deed is duly executed by her. R. S. O. 1877, c. 24, s. 15. Patents to state date of 18. Every patent to be issued for land located as aforelocation, etc. said shall state in the body thereof the name of the original locatee of the land, and the date of the location, and that the patent is issued under the authority of this Act. R. S. O.. 1877, c. 24, s. 16. On death of to have estate during her widowhood. 19. On the death of the locatee, whether before or afterlocatee widow the issue of the patent for land so located, all his then right and interest in and to the land shall descend to and become vested in his widow during her widowhood in lieu of dower, in case there be a widow surviving the locatee;. but the widow may elect to have her dower in the land in lieu of the provision aforesaid. R. S. O. 1877, c. 24, s. 17. Widow may elect to have her dower. Exemption from liability 20. (1) No land located as aforesaid, nor any interest. for debt before therein, shall in any event be or become liable to the satisfacissue of patent. tion of any debt or liability contracted or incurred by the locatee, his widow, heirs or devisees, before the issuing of the patent for the land. Exemption patent. (2) After the issuing of the patent [for any land, and after issue of while the land or any part thereof, or interest therein, is owned by the locatee or his widow, heirs or devisees, such land, part or interest, shall during the twenty years next after the date of the location be exempt from attachment, levy under execution, or sale for payment of debts, and shall not be or become liable to the satisfaction of any debt or liability contracted or incurred before or during that period, save and except a debt secured by a valid mortgage or pledge of the land made subsequently to the issuing of the patent. R. S. O. 1877, c. 24. s. 18. 21. Nothing in this Act shall be construed to exempt the Exemption land from levy or sale for rates or taxes heretofore or here- not to extend after legally imposed. R. S. O. 1877, c. 24, s. 19. to taxes. out of the 22.—(1) Every parcel of land subject to the provisions of the Lands cleared, Act, chapter 5 of the Acts passed in the 34th year of fenced, etc. Her Majesty's Reign, intituled An Act to encourage Settle- former Setment in the Free Grant Territory, and the Act amending the tlers' Homesame passed in the 37th year of Her Majesty's reign under 34 V. and chaptered 21, shall continue to be subject thereto, and to c. 5. this Act, and to any regulations made or to be made by Order stead Fund in Council under The Free Grants and Homestead Act of 1868, 31 V. c. 8. or under this Act, except so far as such regulations and provisions are varied by or are inconsistent with the said firstmentioned Act and the amendments thereto. (2) So much of section 8 of this Act as relates to building a Application house shall not apply to such parcel after clearance, fencing of s. 8, limited. and erection thereon under the said first mentioned Act and the amendments thereto. clearance, etc., (3) No patent shall issue for any parcel unless the locatee Expense of thereof, or those claiming under him, has, within five years to be paid by from the date of location, paid to the Commissioner of Public locatee. Works the expense of the clearance, fencing and erection, and the interest thereon from the date of location. (4) On failure in payment of such expense and interest, or Forfeiture of in performance of settlement duties according to this Act, the location. location shall be forfeited, and all rights of the locatee, and of every person claiming under him, in the land, shall cease. R. S.0.1877, c. 24, s. 20. REMISSION OF SUMS DUE IN CERTAIN TOWNSHIPS. may remit 23. The Lieutenant-Governor in Council may remit the Lieutenantsums due to the Crown in respect of their lands by bona fide Governor settlers in all the Free Grant Townships who were in occupa- sums due by tion of their lands on the second day of March, 1872, and place settlers in the settlers in the same position as those who settled in the Townships. Free Grant Townships under the Free Grant Regulations. R.S. O. 1877, c. 24, s. 21. Free Grant of Crown 24. The Lieutenant-Governor in Council may confer upon Commissioner the Commissioner of Crown Lands authority to make the re- Lands may be missions in the next preceding section mentioned, subject to the empowered to provisions thereof and of any Order in Council not inconsistent make remistherewith. R. S. O. 1877, c. 24, s. 22. sions. Preamble. Short title. Former surveys adopted. Appropriation of lands for settlement. Application of R. S. O. c. 25. to this Act. heads of families. CHAPTER 26. An Act respecting Free Grants and Homesteads to WHEREAS under instructions from the Department of the Interior of Canada, certain townships have been surveyed in the Rainy River District, the lots immediately upon the bank of Rainy River having a width of ten chains fronting the river and a varying depth, and the remaining lands so surveyed being subdivided into sections of one mile square, and quarter sections of one hundred and sixty acres, with road allowances around each section; and whereas a number of settlers have gone into occupation of the lands so surveyed, and it is expedient to adopt said surveys and otherwise provide for the settlement of the lands in question; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. This Act may be cited as " The Rainy River Free Grants and Homesteads Act." 49 V. c. 7, s. 1. 2. The said surveys are hereby adopted and legalized, and the Department of Crown Lands is authorized to continue such system of survey within the District of Rainy River, so far as may be deemed expedient. 49 V. c. 7, s. 2. 3. The Lieutenant-Governor in Council may appropriate any lands in the Rainy River District considered suitable for settlement and cultivation, and not being mineral lands or pine timber lands, as free grants to actual settlers, under such regulations as shall from time to time be made by Order in Council not inconsistent with the provisions of this Act. 49 V. c. 7, s. 3. 4. The Free Grants and Homesteads Act, saving and excepting as is hereinafter provided, and so far as the same is not inconsistent with the provisions of this Act, shall apply to lands opened for settlement under this Act. Free grans to 1. The male, or sole female, head of a family with children under eighteen years of age residing with him, or her, may be located for a free grant to the extent of one hundred and sixty acres, or a quarter section. males 18 years Free grants to 2. A male of the age of eighteen years, without children may be located for a free grant to the extent of one hundred and twenty acres, or a half quarter section, together with an adjoining quarter quarter section. of age. locations for 3. In addition to location every head of a family having Purchase of children under eighteen years of age residing with him, or her, children. may purchase at the time of location an adjoining half quarter section, or eighty acres, at $1 per acre, payable one-fourth cash and the balance in three equal annual instalments with interest. locations by 4. A male of the age of eighteen years, without children, Purchase of entitled to locate, may purchase at the time of location an males 18 years adjoining half quarter section, or eighty acres, at $1 per acre, of age. payable one-fourth cash, and the balance in three equal annual instalments with interest. 5. Patents for lands located and purchased under this Act Issue of may issue at the expiration, of three years from the date of patents. location and purchase. weo has made 6. Where a person has, previous to the passing of this Sale to person Act, made substantial improvements on two or more adjoining improvelots, and the lots contain more land than the person is entitled ments. under this Act to locate and purchase, the Commissioner of Crown Lands may sell to such person such additional quantity of land at $1 per acre as may, under the circumstances, seem just and equitable. patents to 7. In case a person has occupied and made the required Issue of improvements upon one or more lots of land before the passing persons having of this Act, the Commissioner of Crown Lands may, after loca- made improvetion and purchase as hereinbefore provided, issue the patent therefor without waiting for the expiration of three years. ments. pine trees, 8. Pine trees growing or being upon any lands located Reservation of or purchased under this Act, and gold, silver, copper, lead, mines and iron or other mines, or minerals, shall be considered as reserved minerals. from the location or purchase, 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 and fuel, on the land so located or purchased, and may also cut and dispose of all trees required to be removed, in actually clearing the land for cultivation, but no pine trees (except for the necessary building, fencing, and fuel as aforesaid) shall be cut beyond the limit of the actual clearing before the issuing of the patent; and pine trees so cut and disposed of (except for the necessary building, fencing and fuel as aforesaid) shall be subject to the payment of the same dues as are at the time payable by the holders of licenses to cut timber or saw logs. 9. Trees remaining on the land at the time the patent Trees to pass issues shall pass to the patentee. 49 V. c. 7, s. 4. to patentee. 5. This Act shall not go into force until a day to be named Commenceby the Lieutenant-Governor by his proclamation. 49 V. c. 7, s. 5. ment of Act. nterpretaion. "Heir," "Lands." Commis purpose of this Act. HE ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario. enacts as follows: INTERPRETATION. 1. Where the following words occur in this Act, they shall be construed in the manner hereinafter mentioned, unless a contrary intention appears : 1. "Heir," "Devisee," or "Assignee" shall be understood to include the heirs, devisees, or assignees of any heir, devisee, or assignee, to any degree; and 2. "Lands," shall be understood to mean any lot or lots. piece or parcel of land, of what extent soever, to which a claim, may be made under this Act. R. S. O. 1877, c. 25, s. 1. HEIR, DEVISEE AND ASSIGNEE COMMISSION. 2. The present Heir, Devisee and Assignee Commission and sioners for the the Commissioners appointed thereby shall continue subject to the provisions of this Act, and the Lieutenant-Governor may, from time to time, issue Commissions under the Great Seal, to the Judges of the Supreme Court of Judicature for Ontario, and to such and so many other persons as he may think fit; and the said Commissioners shall be styled and known as "The Heir, Devisee and Assignee Commissioners." R. S. O. 1877, c. 25, s. 2. Remuneration. 3. Such of the said Commissioners as were appointed on or before the seventh day of March, 1879, shall be paid for every year out of the Consolidated Revenue Fund of this Pro |