|
EXPLORATIONS IN JERVIS
INLET AND DESOLATION SOUND, BRITISH COLUMBIA.
Mr. William Downie to
Governor James Douglas.
Victoria, Vancouver Island, March 19th, 1859.
I have the honour to inform your Excellency of my return to Victoria,
after a sojourn of sixteen weeks in British Columbia.
I have been for the last month in Desolation Sound. The snow and rain
set in so as to make it impossible to start over the mountains from the
head of Jervis Inlet to the Upper Fraser River for some time.
I then thought it would be as well to visit the Klahous country, as I
had heard a great deal about it.
We started from the head of Jervis Inlet on the 22nd of February for
Desolation Sound, in a small canoe with four Indians, pick, pan, shovel,
and rocker; came down the west entrance of Jervis Inlet, which is much
better than the eastern. From Scotch-Fir Point, up the coast, it is
shallow, and rocks and reefs running out a good distance from the shore.
It was most refreshing to come down on the gulf, where the land had all
the appearance of spring, and after being so long up the inlet. No snow
on any of the islands along the coast except-Tarada. Savary Island has
all the appearance of a farm under cultivation, from the abundance of
grass on it: large patches of farming land make it look very enticing,
hut the water is scarce for farming purposes; yet there are excellent
pastures for stock all the year round. The mainland opposite this island
changes in appearance with regard to the rock formation : quartz and
slate along the shore up to Sarah Point.
We arrived safe in Desolation Sound, which does certainly look somewhat
desolate in a snow-storm ; hut I am welt pleased with the prospect of
this section.
This is the first time I have seen pure veins of sulphuret of iron,
which looks very much like silver. The first I saw of it was a small
square piece in the possession of an Indian: I offered him some tobacco
for it, but he would not part with it, even if I gave him its weight in
gold. I came across a number of seams of the same kind. It lies in the
quartz, the same as gold. I have no idea that the gold is confined to
Fraser River alone; and if it can only be found from the seaboard or on
the rivers, at the head of some of these inlets, the country will soon
be prospected.
Bute Inlet (Homatlico), that runs so much farther north than this inlet,
has a large river emptying into it from the north-west. This river looks
most favourable for gold, and I should much like to have prospected it;
but the Indians would not go, as they were afraid of the Euclitus
tribes, but the principal reason was that the canoe was small, and we
were not altogether prepared to give it a fair trial. It was snowing
most of the time, and rather discouraging.
Camped near the Klahous Indians’ village: they paid me a visit, as a
matter of course, and I gave them each a small piece of tobacco. They
seemed well pleased; but would have a look at our mining tools^ and
canoe, and blankets, and general appearance. When they had satisfied
themselves on these points, they told my Indians I was not a Tyee—meaning
a chief, a person of consequence (this was the unkindest cut of all). My
Indians told them I was a Tyee ; but it was of no use. They said a Tyee
would have a large canoe and plenty of blankets, whereas there was
nothing of the kind visible ; only picks, pans, and an old rocker, and
what was the use of that among Indians?
I did not feel disposed to find fault with the poor Klahous Indians for
judging from outward appearance, and, upon the whole, I got along with
them very well. We got a few potatoes from them, so there must be
something else besides rocks in Desolation Sound.
We went up to the head of the inlet, where the “Deserted Village” is on
the map, but there were no Indians there. It looked as much like a
deserted village as it did when it was named by Vancouver. About two
miles above this the river comes in from the north-east. The sand
washing out of the river has formed a large flat at the head of the
inlet, in some places dry at low-water. We had some difficulty in
getting the canoe into the river, which is also shallow, being filled up
with sand from the continued wash from the mountains. .
We went up the river about five miles. The Indians told me it would take
five days to go to the head of it. Judging from the way a canoe goes up
such rivers, the distance would be about sixty miles, which must be a
long distance above the Quamish, and -would not be far from the Lilloett.
The Indians have gone this route to the head of Bridge River (Hoystier),
which it may prove to be the best route to try. It is very evident there
is a pass in the Coast Range here that will make it preferable to Jervis
Inlet or Howe Sound. If a route can be got through, it will lead direct
to Bridge River.
I have seen more black sand here in half a day than I did in California
in nine years; it looks clear and bright, as if it came from quartz.
Seeing that it was out of the question to proceed farther, we put back
and came down along shore, breaking and trying the rocks, but did not
discover any gold: lots of iron pyrites or sulphuret of iron.
The land on each side of the river is low, and must be overflowed in
many places in spring ; but for all that, if a trail can be found
through, it will not be difficult to make a road along the banks of the
river.
In coming down we passed through what on the map is called the Island
“Redonda.” This is a fine passage, and shortens the distance about ten
miles in going to Klahous Inlet.
The distance from Klahous Inlet to Homathco Inlet (Bute Inlet on the
chart) is about thirty miles; but I could not get the Indians to go in
the small canoe.
The Indians told me that the colour of the water in the large river that
comes in at the head of Homathco from the north-west was the same as
Fraser River; and thus when I proceed thither I should be in or near the
range of Queen Charlotte Islands, where I should get gold.
We had a hard passage to Nanaimo; but arrived all right, paid off the
Indians, and heard from Captain Stuart that he had forwarded supplies to
Jervis Inlet by order of your Excellency, so that I was all ready for a
start again to Desolation Sound, if I could obtain a small decked-boat.
Fort St. James, Stuart Lake, New Caledonia, Sir, 10th October, 1859.
I beg to make the
following report of my trip to Queen Charlotte Islands, and my journey
thence by Fort Simpson to the interior of British Columbia.
Having left Victoria on*the 27th July, with twenty-seven practical
miners, with stores, &c., for three months, we arrived in Gold Harbour,
Queen Charlotte Islands, safely, on the 6th August, and immediately set
about prospecting.
We examined the spot where a large quantity of gold was formerly taken
out, and discovered a few specks of it in the small quartz-seams that
run through the slate; two of the party blasting the rock, while others
prospected round the harbour.
I then proceeded in a canoe to Douglas Inlet, which runs in south of
Gold Harbour, hoping to find traces of the Gold Harbour lead, but
without success. The nature of the rock is trap or hornblende, with a
few poor seams of quartz straggling over the surface. Granite was found
at the head of this inlet, but not a speck of gold. Next day we went up
an inlet to the north of Gold Harbour, and here a white rock showed
itself on the spur of a mountain.
After a difficult ascent we found it to be nothing but weather-beaten,
sun-dried granite, instead of quartz. Farther up the inlet we saw a
little black slate and some talcose rock, but nothing that looked like
gold. On our return, we found that the men engaged in blasting the rock
had given it up; the few surface specks being all the gold that could he
found.
The large amount of gold that was formerly found with so little
difficulty existed in what is called an offshot or blow. The question
then arises how did the gold get here. Some of our party were of opinion
that a gold lead exists close at hand, but it can only be put down to
one of the extraordinary freaks of nature so often found in a mineral
country.
The offshoots in question are not uncommon, as I have often seen them in
California. On such a discoverv being made, hundreds of miners would
take claims in all directions near it, and test tlie ground in every
way: but nothing farther could be found, except in the one spot, about
70 feet in length, running south-east and north-west: on being worked
about 15 feet it gave out. Before work commenced I have blown the sand
off a vein of pure gold.
I now proposed to test the island farther, and started for the Skidegate
Channel. At a village of the Crosswer Indians, where we were windbound,
the appearances were more favourable. Talcose slate, quartz, and red
earth were seen. We tried to discover gold, but without success.
Sulphuret of iron was found in abundance, and we discovered traces of
previous prospectings. The Indians understand the search for gold well,
and detect it in the rocks quicker even than I can.
The coast from the Casswer Indian village to Skidegate Channel is wilder
than any I have ever before travelled; and we did not care to hunt for
gold in such a place. Five Indians were drowned here to-day while
fishing.
At the Skidegate Channel we found black slate and quartz prevailing;
farther north granite appears, and then sandstone and conglomerate; and
as we were now in a coal country, it was of no use to look for gold.
We saw coal here, but I cannot speak as to its quality, not being a
judge of it. The formation is similar to that of Nanaimo. From this we
returned to Gold Harbour, where a party which had remained behind to
prospect inland had met with no better success than ourselves. We then
consulted what was the best thing to do. I did not wish to return to
Victoria, as your Excellency had desired me to explore some of the
inlets on the mainland; and I left Gold Harbour with a party of fourteen
men for Fort Simpson, where we arrived in eight days. The north-west
coast of Queen Charlotte Islands is a low sand and gravel flat, having
no resemblance to a gold country.
1 left Fort Simpson for the Skeena Eiver on the 31st August. From Fort
Simpson to Fort Essington is about 40 miles. The salt water here is of a
light-blue colour, like the mouth of Fraser River, and runs inland about
30 miles. The coarse-grained quartz of Fort Simpson is no longer seen
here, and granite appears; and the banks of the river are low, and
covered with small hard wood and cotton-trees, with some good-sized
white oaks, the first I have seen west of Fraser River.
Vessels drawing upwards of 4 feet of water cannot go more than 20 miles
up the Skeena River; and it is very unlike the deep inlets to the
southward. At our camp here some Indians visited us, and told us that
they were honest; but next morning the absence of my coat rather
negatived their statement. Next day we found the river shoal for loaded
canoes, as it had fallen much. At our next camp I went up a small river
called Seenatoys, and the Indians showed me some crystallized quartz,
and to my surprise a small piece with gold in it, being the first I had
seen in this part. The Indian took me to a granite slide, whence, as he
asserted, the piece of quartz had come. I found some thin crusts of fine
quartz, but no gold. From the river Seenatoys to Fort Essington, at the
mouth of the Skeena River, is 75 miles. A little below the Seenatoys an
Indian trail leads to Fort Simpson, through a low pass; and the distance
is not great.
From this, 10 miles farther up, was a river called the Toes. On the
south side hence is an Indian trail to the Kitloops on the Salmon Liver,
the south branch of Salmon, which river is called Kittama.
By this time we were fairly over the Coast Range, and the mountains
ahead of us did not look very high; the current here was very strong,
and much labour was required to get our canoe along, and we had to pull
her up by a rope from the shore.
Gold is found here, a few specks to the pan, and the whole country looks
auriferous, with fine bars and flats with clay on the bars; the
mountains look red, and slate and quartz were seen.
The next camp was at the village of Kitalaska, and I started in a light
canoe ahead of my party, as our canoe, by all accounts, could not
proceed much farther, and I then determined to penetrate to Fort Fraser.
The Indian who was with me told me that a large stream, called the
Kitchumsala, comes in from the north ; the land on it is good, and well
adapted for farming, and that the Indians grow plenty of potatoes. To
the south is a small stream called the Chimkoatsh, on the south of which
is the Plumbago Mountain, of which I had some in my hand, as clear as
polished silver, and runs in veins of quartz.
Near to this, on a tree, are the words “Pioneer, H.B.C.,” and nearly
overgrown with bark. The Indian told me it was cut by Mr. John Work, a
long time ago.
From this to the village of Kitcoonsa the land improves, the mountains
recede from the river, and fine flats run away 4 or 5 miles back to
their bases, where the smoke is seen rising from the huts of the Indians
engaged in drying berries for the winter. These Indians were very kind
to us, and wished me to build a house there, and live with them.
Above the village of Kitcoonsa the prospect of gold is not so good as
below. As the season was so advanced 1 was not able to prospect the
hills, which look so well, and unless the Government takes it in hand,
it will be a long while before the mineral resources of this part of
British Columbia can be known. This is the best-looking mineral country
I have seen in British Columbia.
From here to the village of Kitsagatala the river is rocky and
dangerous, and our canoe was split from stem to stern.
At Kitsagatala we entered a most extensive coal country, the seams being
in sight, and cut through by the river, and running up the banks on both
sides, varying in thickness from 3 to 35 feet.
The veins are larger on the east side, and are covered with soft
sandstone, which gives easily to the pick; on the west side quartz lines
the seams, which are smaller. The veins dip into the bank for a mile
along the river, and could easily be worked by tunnels on the face, or
by sinking shafts from behind on the flats, as they run into soft earth.
I have seen no coal like this in all my travels in British Columbia and
Vancouver Island.
We experienced some danger from Indians here, but by a small present of
tobacco, and by a determined and unconcerned aspect, I succeeded in
avoiding the danger of a collision with them. We could go no farther in
the canoe than Kittamarks or the Forks of the Skeena River, and we had
been twenty days from Fort Simpson, though the journey could have been
done in a third of that time.
On the 21st September I left Kittamarks with two white men and two
Indians, and started over a fine trail through a beautiful country for
Fort Fraser. We crossed over an Indian suspension-bridge, and entered
some first-rate land, our course being about east; we completed about 12
miles to-day. Next day it rained hard, hut we succeeded in doing 12
miles again, passing through as fine a farming country as one could wish
to see. To the south-east a large open space appeared, and I have since
learnt that a chain of lakes runs away here, being the proper way to
Fort Fraser; hut as I always follow my Indian guides implicitly, I did
so on this occasion. The third day the weather was fine, but the trail
not so good; it ran along the side of a mountain, hut below the trail
was good and grass abundant. My Indians started after a goat up the
mountain, hut were quickly driven hack by three hears. The fourth day we
crossed what is called the Rocky Pass, which may he avoided by keeping
the bottom. To the north a chain of mountains were seen covered with
snow, distant about 30 miles, where the Hudson Bay Company have a post
called Bears’ Fort; to the south is the Indian village Kispyaths; along
the bottom runs the Skeena, past the village of Allagasomeda, and
farther up the village of Kithathratts, on the same river.
On the fifth day we encountered some dangerous-looking Indians, hut got
away from them. We passed through a fine country, with cotton-trees and
good soil.
We now arrived at the village of Naas-Glee where the Skeena River rises.
We were again on the river which we had left five days ago, having
travelled 55 miles, when we might have come by the river. We had great
difficulty with the Indians here, and it was fortunate that I knew the
name of the chief, as otherwise they would have seized all our property;
as it was, they surrounded us, and were most importunate: one wanted my
coat, another my gun, a third took my cap from my head, and I really
thought that they would murder us. These Indians are the worst I have
seen in all my travels. Naas-Glee is a great fishing-station, and all
the worst characters congregate there to lead an indolent life.
Thousands of salmon were being dried at this village.
We hardly knew what to do, as they told us that it was ten days to Fort
Fraser, and if we returned they would have robbed us of everything. I
therefore determined to go on, if the chief Norra would accompany me,
and on giving him some presents he consented to do so. The river from
Naas-Glee downwards is very rapid, hut as the banks are low and flat a
waggon-road or railroad could easily he made.
The land around Naas-Glee is excellent, a fid wild hay and long grass
abound. Potatoes are not grown here, owing to the thieving of the
Indians.
There is no heavy pine timber hereabouts, and the eanoes are made of
cottonwood.
Above Naas-Glee the river was very rapid, and it required all our energy
to get along, as we had but a small quantity of dried salmon to last us
ten days. Ten miles above Naas-Glee is an old Indian village, called
Whatatt; here the shoal-water ends, and we enter the Babine Lake. Going
through a fine country, we accomplished 20 miles this day, the lake
being broad and deep. Next morning, to my surprise, I found a canoe at
our camp, with Frenchmen and Indians, in charge of Mr. Savin Hamilton,
an officer in the service of the Hudson Bay Company, from Fort St.
James, Stuart Lake, New Caledonia, whither we were bound. He was on his
way to Naas-Glee to purchase fish, and advised me to return with him
there, and then to accompany him to Stuart Lake; but as I had seen
enough of Naas-Glee I declined his offer, with thanks. Mr. Hamilton
expressed his surprise that we had managed to get away from Naas-Glee,
as we were the first white men who had come through this route; and even
he found much difficulty with the Indians there. Having persuaded Narra,
the chief, to let us have his canoe, we bid farewell to Mr. Hamilton,
and proceeded oil our journey.
It was fortunate that we sent back our two Indians, as otherwise we
should have suffered from want of food, and as it was we reached Stuart
Lake only with great difficulty. We made a fine run to-day before a fair
wind to Fort Killamoures, which post is only kept up in the winter. Our
course from Naas-Glee to this place was south-east, and the distance
about 50 miles. The land is good the whole way, with long grass on the
benches near the fort, which is a very lonely place. It is a great pity
to see this beautiful country, so well adapted to the wants of man,
lying waste, when so many Englishmen and Scotsmen would be glad to come
here and till the soil. Babine Lake is deep, and in some places 5 or 6
miles wide, with islands and points of land to afford shelter from
storms. From Fort Killamoures to the head of Babine is about 40 miles,
direction south-south-east. From the head down about 20 miles it runs
east and west. We arrived at the head of Babine on the seventh day after
leaving Naas-Glee. We had seen no Indians, nor snow, and had made a
favourable journey.
The district we had passed was well adapted for farming. Some of the
land is rocky, but on the whole it is a fine country.
At the head of Babine Lake there is a good site for a town, and a
harbour could be made, as a stream flows in which would supply the town
with water. This is what I call the head-water of the Skeena River. The
lake is navigable for steamers, and 100 miles in length.
From this to Stuart Lake there is a portage over a good trail, through
the finest grove of cotton-wood I have ever seen. The ground was thickly
strewed with yellow leaves, giving the scene quite an autumnal
appearance, and presenting a picture far different to what we expected
in this part of British Columbia.
Six miles from Babine we came to a small lake where were some Indians
fishing for herrings. On our approach they appeared undecided whether to
run or remain. I asked them for some food, and they soon provided us
with some fish, which refreshed us much, and having paid for our repast,
we started again. From this a small stream runs a distance of 4 miles to
Stuart Lake.
Arrived at Stuart Lake, we found no means of crossing, no Indians to
direct us, and no food to sustain us, nor had we any shot to enable us
to kill ducks. We camped here three nights without food, sleeping the
greater part of the time to stifle our hunger. The only thing that
supported us was the great idea of the enterprise in which we were
engaged, having been the first to explore the route from the Pacific to
Fraser River.
One of our party found an old canoe split to pieces; this was rigged on
a raft of logs, as well as circumstances would admit.
I returned to the Indians above mentioned, and purchased a few herrings,
and walked hack to our camp with difficulty, and found my limbs giving
way. Next morning we started on our frail raft, expecting every moment
to go down; we were obliged to sit perfectly still, as the least
movement would have upset us. A slight breeze sprung up, and a small sea
washed over us, and we had to run for a lee shore, where kind Providence
sent an Indian to succour us. He welcomed us with a “Bonjour,” invited
us to his lodge, and gave us most excellent salmon-trout from the lake.
We had at last reached this spot, with thankful hearts for our
preservation through so many dangers. We stayed a night with this good
Indian, and next day gave him a blanket to take us to the Fort. We
abandoned our old canoe without regret, and proceeded towards our
destination. The Indians all along this were very kind to us. About
half-way across Stuart Lake we obtained a small prospect of gold. On the
north side of the lake, for about 20 miles, the ground is rocky; but
south, towards the Fort, the land is good, and will produce anything.
We reached Fort St. James on the 9th October, and were received by Mr.
Peter Ogden with that kindness and hospitality which I have always found
at the Hudson Bay Company’s ports.
The Fort is very much exposed to all winds, and I found it colder than
anywhere on the journey.
Stuart Lake is 50 miles long. The portage to Babine 10 miles ; Babine
Lake 100 miles; from Naas-Glee to Fort Simpson 250 miles, and 200 miles
from Fort Simpson to Gold Harbour, Queen Charlotte Islands.
The names of the two men who accompanied me were William Manning an
Englishman, and Frank Chotean a French Canadian. It is possible that I
shall prospect the Fraser a little farther this tall.
BRITISH COLUMBIA.
Land Proclamations
By his Excellency James
Douglas, Companion of the Most Honourable Order of the Bath, Governor
and Commander-in-Chief of British Columbia.
No. I. Dated 14th Feb. 1859.
Whereas it is expedient to publish for general information the method to
he pursued with respect to the alienation and possession of agricultural
lands, and of lands proposed for the sites of towns in British Columbia,
and with reference also to the places for levying shipping and customs
duties, and for establishing a capital and port of entry in the said
Colony:
Now, therefore, I, James Douglas, Governor of the said Colony, do
proclaim and declare as follows, viz.:—
1. All the lands in British Columbia, and all the mines and minerals
therein, belong to the Crown in fee.
2. The price of lauds not being intended for the sites of towns, and not
being reputed to be mineral lands, shall be ten shillings per acre,
payable one-half in cash at the time of the sale, and the other half at
the end of two years from such sale. Provided that under special
circumstances some other price or some other terms of payment may, from
time to time, be specially announced for particular localities.
3. It shall also be competent to the Executive at any time to reserve
such portions of the unoccupied Crown lands, and for such purposes, as
the Executive shall deem advisable.
4. Except as aforesaid, all the land in British Columbia will be exposed
in lots for sale, by public competition, at the upset price above
mentioned, as soon as the same shall have been surveyed and made ready
for sale.
Due notice will be given of all such sales. Notice at the same time will
be given of the upset price and terms of payment, when they vary from
those above stated, and also of the rights reserved (if any) for public
convenience.
5. All lands which shall remain unsold at any such auction may be sold
by private contract at the upset price, and on the terms and conditions
herein mentioned, on application to the Chief Commissioner of Lands and
Works.
6. Unless otherwise specially notified at the time of sale, all such
sales of Crown land shall be subject to such public rights of way as may
at any time after such sale, and to such private rights of way, and of
leading or using water for animals, and for mining and engineering
purposes, as may at the time of such sale be specified by the Chief
Commissioners of Lands and Works.
7. Unless otherwise specially announced at the time of sale, the
conveyance of the land shall include all trees and all mines and
minerals within and under the same, except mines of gold and silver.
8. When any “Ditch Privilege” shall be granted, there shall be included
(unless excluded by express words) the right to lop, dress, or fell any
trees standing on unoccupied Crown lands, which in the opinion of the
proprietors of the ditch might, by their accidental fall or otherwise,
endanger the safety of the ditch or any part thereof.
No. II. Dated 6th Jan. 1860.
1. From and after the date hereof, British subjects and aliens who shall
take the oath of allegiance to Her Majesty and her successors, may
acquire unoccupied and unreserved and unsurveyed Crown land in British
Columbia (not being the site of an existent or proposed town, or
auriferous land available for mining purposes, or an Indian reserve or
settlement), in fee simple, under the following conditions :—
2. The person desiring to acquire any particular plot of land of the
character aforesaid shall enter into possession thereof and record his
claim to any quantity not exceeding 160 acres thereof, with the
magistrate residing nearest thereto, paying to the said magistrate the
sum of 8s. for recording such claim. Such piece of land shall be of a
rectangular form, and the shortest side of the rectangle shall be at
least two-thirds of the longest side. The claimant shall give the best
possible description thereof to the magistrate with whom his claim is
recorded, together with a rough plan thereof, and identify the plot in
question by placing at the corners of the land four posts, and by
stating in his description any other landmarks on the said 160 acres
which he may consider of a noticeable character.
3. Whenever the Government survey shall extend to the land claimed, the
claimant who has recorded his claim as aforesaid, or his heirs, or in
case of the grant of certificate of improvement hereinafter mentioned,
the assigns of such claimant shall, if he or they shall have been in
continuous occupation of the same land from the date of the record
aforesaid, be entitled to purchase the land so pre-empted at such rate
as may for the time being be fixed by the Government of British
Columbia, not exceeding the sum of 10s. per acre.
4. No interest in any plot of land acquired as aforesaid shall, before
payment of the purchase-money, be capable of passing to a purchaser
unless the vendor shall have obtained a certificate from the nearest
magistrate that he has made permanent improvements on the said plot to
the value of 10s. per acre.
5. Upon payment of the purchase-money, a conveyance of the land
purchased shall be executed in favour of the purchaser, reserving the
precious minerals, with a right to enter and work the same in favour of
the Crown, its assigns and licencees.
6. Priority of title shall be obtained by the person first in
occupation, who shall first record his claim in manner aforesaid.
7. Any person authorized to acquire land under the provisions of this
Proclamation may purchase, in addition to the land pre-empted, in manner
aforesaid, any number of acres not otherwise appropriated, at such rate
as may be fixed by the Government, at the time when such land shall come
to be surveyed, not to exceed 10s. per acre; 5s. to be paid down, and
the residue at the time of survey.
8. In the event of the Crown, its assigns or licenceos, availing itself,
or themselves, of the reservation mentioned in clause 5, a reasonable
compensation for the waste and damage done shall be paid by the person
entering and working to the person whose land shall be wasted or damaged
as aforesaid ; and in case of dispute, the same shall be settled by a
jury of six men to be summoned by the nearest magistrate.
9. Whenever any person shall permanently cease to occupy land preempted
as aforesaid, the magistrate resident nearest to the land in question
may in a summary way, on being satisfied of such permanent cessation,
cancel the claim of the person so permanently ceasing to occupy the
same, and record the claim thereto of any other person satisfying the
requisitions aforesaid.
10. The decision of the magistrate may be appealed by either party to
the decision of the Judge of the Supreme Court of Civil Justice of
British Columbia.
11. Any person desirous of appealing in manner aforesaid may be
required, before such appeal be heard, to find such security as may be
hereafter pointed out by the rules or orders hereinafter directed to be
published.
12. The procedure before the magistrate and judge respectively shall be
according to such rules and orders as shall be published by such judge,
with the approbation of the Governor for the time being of British
Columbia.
13. Whenever a person in occupation at the time of record aforesaid
shall have recorded as aforesaid, and he, his heirs, or assigns, shall
have continued in permanent occupation of land pre-empted, or of land
purchased as aforesaid, he or they may, save as hereinafter mentioned,
bring ejectment or trespass against any intruder upon the land so
pre-empted or purchased, to the same extent as if he or they were seized
of the legal estate in possession in the land so pre-empted or
purchased.
14. Nothing herein contained shall be construed as giving a right to any
claimant to exclude free miners from searching for any of the precious
minerals or working the same upon the conditions aforesaid.
15. The Government shall, notwithstanding any claim, record, or
conveyance aforesaid, he entitled to enter and take such portion of the
land pre-empted or purchased as may be required for roads or other
public purposes.
16. Water privileges and the right of carrying water for mining purposes
may, notwithstanding any claim recorded, purchase, or conveyance
aforesaid, be claimed and taken upon, under, or over the said land so
pre-empted or purchased as aforesaid, by free miners requiring the same,
and obtaining a grant or licence from the Gold Commissioner, and paying
a compensation for waste or damage to the person whose land may be
wasted or damaged by such water privilege or carriage of water, to be
ascertained in case of dispute in manner aforesaid.
17. In case any dispute shall arise between persons with regard to any
land so acquired as aforesaid, any one of the parties in difference may
(before ejectment or action of trespass brought) refer the question in
difference to the nearest magistrate, who is hereby authorized to
proceed in a summary way to restore the possession of any land in
dispute to the person whom he may deem entitled to the same, and to
abate all intrusions, and award and levy such costs and damages as he
may think fit.
No. III. Dated 20th Jan. 1860.
Whereas by virtue of an Act of Parliament made and passed in the 21st
and 22nd years of the reign of Her most gracious Majesty the Queen, and
by a Commission under the Great Seal of the United Kingdom of Great
Britain and Ireland, in conformity therewith, I, James Douglas, Governor
of the Colony of British Columbia, have been authorized by Proclamation,
issued under the Public Seal of the said Colony, to make laws,
institutions, and ordinances for the peace, order, and good government
of the same.
And whereas it is expedient that town lots, suburban lots, and surveyed
agricultural lands in British Columbia, which have been or which
hereafter may be offered for sale at public auction, and remain unsold,
should be sold by private contract.
Now, therefore, I, James Douglas, Governor of British Columbia, by
virtue of the authority aforesaid, do proclaim, order, and enact as
follows:—
The Chief Commissioner of Lands and Works for the time being for British
Columbia, and all magistrates, Gold Commissioners, and Assistant Gold
Commissioners, by the said Chief Commissioner authorized in writing in
that behalf, may sell by private contract any of the lots and lands
hereinafter mentioned, at the prices and on the terms hereinafter
respectively stated, viz:—
(a.) Town and suburban lots which have been or hereafter may be offered
for sale at public auction, and remain unsold, at the upset price, and
on the terms at and on which the same were offered for sale at such
auction.
(b.) Agricultural lands surveyed by the Government Surveyor which may or
shall have been offered for sale at public auction, and remain unsold at
10s. per acre, payable one-half in cash at the time of sale, and the
other half at the expiration of two years from such sale.
And the purchaser of any agricultural land aforesaid shall purchase,
subject to such rights of way and water as may be hereafter declared by
some writing under the hand of the Chief Commissioner of Lands and Works
aforesaid.
No. IV. Bated 19th Jan. 1861.
Whereas, under and by virtue of an Act of Parliament made and passed in
the session of Parliament held in the 21st and 22nd years of the reign
of Her Majesty Queen Victoria, intituled ‘ An Act to provide for the
government of British Columbia,’ and by a commission under the Great
Seal of the United Kingdom of Great Britain and Ireland, I, James
Douglas, have been appointed Governor of the said Colony, and have been
authorized by Proclamation under the Public Seal of the said Colony to
make laws, institutions, and ordinances for the peace, order, and good
government of the same.
And whereas, by a Proclamation issued under the Public Seal of the said
Colony, on the 4th day of January, 1860, the price of unsurveyed land
acquired by purchase or pre-emption under the provisions of the said
Proclamation, was stated to be at such rate as might for the time being
be fixed by the Government of British Columbia, not exceeding the sum of
10s. per acre.
And whereas, by a Proclamation issued under the Public Seal of the said
Colony, on the 20th day of January, 1860, the price of agricultural
land, surveyed by the Government Surveyor, which may or shall have been
offered for sale at public auction and remain unsold, was fixed at 10s.
per acre, payable one-half in cash at the time of sale, and the other
half at the expiration of two years from the time of sale.
And whereas I have been empowered by Her Majesty’s Government to lower
the price of country lands in British Columbia, in all cases, to the sum
of 4s. 2d. per acre.
Now, therefore, I do hereby declare, proclaim, and enact as follows :—
I. So much of the said Proclamation of the 20th day of January, 1860, as
fixed the price of surveyed agricultural land at 10s. per acre is hereby
repealed.
II. The price of all unsurveyed country land in British Columbia,
whether acquired by pre-emption or purchase under the Proclamation dated
the 4th day of January, 1860, shall be 4s. 2d. per acre.
III. The upset price of all country lands in British Columbia exposed
for sale at public auction shall be 4s. 2d. per acre.
IV. This Proclamation may be cited for all purposes as the ‘Country Land
Act, 1861.’
Issued under the Public Seal of the said Colony at Victoria, Vancouver
Island, the 19tli day of January, in the year of our Lord 1861, and in
the 24th year of Her Majesty’s reign, by me,
James Douglas.
By command of his Excellency,
William A. G. Young,
Acting Colonial Secretary.
A Proclamation, dated May 18, 1861, has also been issued, conferring
certain remissions in the purchase-money of country lands purchased for
actual settlement by retired military and naval officers.
VANCOUVER ISLAND.
Land Proclamations By his Excellency James Douglas, C.B., &c. &c.
I.
Whereas I have been empowered by Her Majesty’s Government to fix the
upset price of country land within the colony of Vancouver Island and
its dependencies at 4s. 2c/. per acre.
And whereas I have been authorized as aforesaid to take such steps as
may tend to promote the settlement of country land in the said colony.
And whereas it is expedient to make public the method by which bond fide
settlers may acquire the same land.
Be it therefore known unto all men:
All country land to be sold at 4s. 2d. per acre.
I. That the upset price of all country land in Vancouver Island shall be
from henceforth 4s. 2d. per acre.
British subjects may enter upon and occupy land, not being otherwise
reserved, in certain quantities and in certain districts.
II. That from and after the date hereof, male British subjects, and
aliens who shall take the oath of allegiance before the Chief Justice of
Vancouver Island, above the age of eighteen years, may pre-empt unsold
Crown lands in the districts of Victoria, Esquimalt, Metchosen, the
Highlands, Sooke, North and South Saanich, Salt Spring Island, Sallas
Island, and Chemanis (not being an Indian reserve or settlement), of the
area and under the conditions following:
A single man, 150 acres.
A married man, whose wife is resident in the colony, 200 acres.
For each of his children under the age of eighteen years, resident in
the said colony, an additional 10 acres.
Pre-emptor, before recording his claim, to take the oath of allegiance
if a British subject who has become subject to some other nation.
III. All British subjects, who shall be desirous of pre-empting, and who
may, at the time of record, have taken the oath of allegiance to, or
become the subject or citizen of any foreign Sovereign, state, or
nation, shall, as a condition precedent to recording their claims, take
the oath of allegiance in manner aforesaid.
Pre-emptor to record his claim immediately on occupation. Fee.
IV. Immediately after occupation, the pre-emptor shall record his claim
at the office of the Surveyor-General at Victoria; paying for such
record the sum of eight shillings and four pence.
Reguhxting the form of claims.
V. The land selected, if unsurveyed, shall be of a rectangular form, and
the shortest side of said rectangle shall he two-fifths the length of
the longest side; and the boundaries of such land shall also run as
nearly as possible by the cardinal points of the compass.
VI. Where the land sought to be acquired is unsurveyed, and in whole or
part bounded by rocks, mountains, lakes, swamps, the margin of a river,
or the sea-coast, or other natural boundaries, then such natural
boundaries may be adopted as the boundaries of the land selected.
VII. The claimant shall, if the land is unsurveyed, give the best
possible description thereof in writing to the Surveyor-General at the
time of record, with a map thereof, and shall identify the land, by
placing a post at each corner, and by stating in his description any
other landmarks which may be of a noticeable character.
Mode of recording claims in surveyed lands.
VIII. If the land, however, be surveyed, the claimant shall give the
description aforesaid by identification with the landmarks laid down by
the Government Survey.
Payment.
IX. The claimant shall, if the land be unsurveyed, pay into the Land
Office at Victoria the sum of four shillings and two pence per acre for
the same as soon as the land is included within the Government Survey;
if the land be surveyed, he shall pay into the said Land Office the sum
of four shillings and two pence per acre by three instalments, viz.: One
shilling and one penny per acre within one year from the day of record ;
one shilling and one penny per acre within two years from the said day
of record, and two shillings within three years from the said day; and
any default in any of the payments aforesaid shall cause a forfeiture of
the pre-emption claim, and of the instalments (if any) paid up.
Certificate of improvement to be granted after two years’ occupation and
10s. per acre improvement.
X. When the pre-emptor, his heirs or devisees, shall prove to the
Surveyor-General, by the satisfactory evidence of third parties, that he
has, or they have, continued in permanent occupation of the claim for
two years from the date of record, and has or have made permanent
improvements thereof to the value of ten shillings per acre, the said
Surveyor-General shall issue to him or them a certificate of
improvement, in the form marked A in the schedule hereto.
Holder of certificate of improvement may sell, lease, or mortgage.
XI. Upon the grant of the certificate of improvement aforesaid, the
person to whom the same is issued may, subject to any unpaid instalments,
sell, mortgage, or lease the land in respect of which such certificate
has been issued; but until the entirety of the purchase-money of the
said land has been paid, no sale, mortgage, or lease of the said land
shall be valid unless a certificate of improvement as aforesaid has been
issued in respect thereof. Conveyance of surveyed lands.
XII. Upon payment of the entirety of the purchase-money, a conveyance of
the land shall be executed in favour of the pre-emptor, reserving to the
Crown the right to take back so much thereof as may be required for
roads or other public purposes, and reserving also the precious
minerals, with a right to enter and work the same in favour of the
Crown, its assigns and licencees.
Conveyance of pre-empted claim in unsurveyed lands.
XIII. If the land is not then included in the Government Survey, the
conveyance shall, with the reservations aforesaid, be executed as soon
as possible after the same is so included; and the pre-emptor shall,
upon survey, be entitled to take any quantity of unpre-empted land, at
the price of four shillings and two pence per acre, which may be laid
off into the sections in which his pre-empted land is situate; or, if
unwilling so to do, he shall forfeit so much of the pre-empted land as
lies in those sections which he is unwilling to purchase. -
Priorities.
XIV. Priority of title shall be obtained by the person who, being in
actual occupation, shall first record his claim in manner aforesaid.
Forfeiture by cessation of occupation.
XV. Whenever any person shall cease to occupy land pre-empted as
aforesaid for the space of two months, the Surveyor-General may, in a
summary way, on being satisfied of such permanent cessation, cancel the
claim of the person so ceasing to occupy the same, and record de novo
the claim of any other person satisfying the requisitions aforesaid ;
and in the event of any person feeling aggrieved thereat, his remedy
shall be personally against the person so recording.
Compensation for waste or injury.
XVI. In the event of the Crown, its assigns or licencees, availing
itself or themselves of the reservation to enter and work the precious
minerals as aforesaid, a reasonable compensation for the waste and
damage done shall be paid by the person entering and working to the
person whose land shall be wasted or damaged as aforesaid ; and in case
of any dispute, a jury of six men, to be summoned by the
Surveyor-General, shall settle the same.
XVII. Nothing in the conditions hereinbefore contained, or in any title
to be derived hereunder, shall be construed as giving a right to any
claimant to exclude licencees of the Crown from searching for any of the
precious minerals in any unenclosed land on the conditions aforesaid.
Saving of water privileges for mining purposes.
XVIII. Water privileges, and the right of carrying water for mining
purposes, may, notwithstanding any claim recorded, certificate of
improvement, or conveyance aforesaid, be claimed and taken upon, under,
or over the land so pre-empted by miners requiring the same, and
obtaining a grant or licence from the Surveyor-General in that behalf,
and paying a compensation for waste or damage to the person whose land
may be wasted or damaged by such water privilege or carrying of water,
to be ascertained, in case of dispute, by a jury of six men in manner
aforesaid.
Arbitration.
XIX. In case any dispute shall arise between persons with regard to any
land acquired as aforesaid, any one of the parties in difference may
(before ejectment or action of trespass brought) refer the question in
difference to the Surveyor-General, who is hereby authorised to proceed
in a summary way to restore the possession of any land in dispute to the
person whom he may deem entitled to the same; and to abate all
intrusions and award and levy such costs and damages as he may think
fit, and for all or any of the purposes aforesaid to call in to his
assistance the civil authorities or any process of law.
Given under my hand, &c.
James Douglas.
II.
Whereas I have been empowered by Her Majesty’s Government to take such
steps as may tend to promote the settlement of country land in the said
colony.
And whereas it is expedient to extend the time during which a person may
cease to occupy land pre-empted under the provisions of a Proclamation
given under my hand and the public seal of this colony, and dated the
19th day of February, 1861.
Now therefore, be it known unto all men that any person having preempted
land under the provisions of the said Proclamation may, if he shall have
been continuously in occupation of the same for the space of (8) eight
calendar months next previously to his leaving, leave the same for any
period not exceeding (6) six calendar months, provided that within (21)
twenty-one days from the date of his leaving the same he shall fill in a
memorandum in the book kept for that purpose in the Land Office at
Victoria, with the particulars and in the manner therein contained.
Given under my hand and the public seal, &c.
James Douglas. |
