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three calendar months from such acceptance as aforesaid by the Agents of the Company in charge of the depots where the materials are stored, and the said price is to be paid by the Canadian Government into the Bank of England, to the credit of the Company, within six calendar months of such acceptance, with intcrest at the rate of 5 per cent. per annum on the amount of such price, computed from the date of such acceptance until the time of payment.

And whereas the said draft was on the fifth day of July, one thousand eight hundred and sixty-nine, approved by the said Governor-General, in accordance with a report from the Committee of the Queen's Privy Council for Canada; but it was not expedient that the said stipulations, not being contained in the aforesaid second address, should be included in the surrender by the said Company to Her Majesty of their rights aforesaid, or in this Order in Council;

And whereas the said Company did by deed, under the seal of the said Company, and bearing date the nineteenth day of November, one thousand eight hundred and sixtynine, of which deed a copy is contained in the schedule to this Order, annexed marked C, surrender to Her Majesty all the rights of government, and other rights, privileges, liberties, franchises, powers, and authorities granted, or purported to be granted to the said Company by the said Letters Patent herein and herein before referred to, and also all simflar rights which may have been exercised or assumed by the said Company in any part of British North America not forming part of Rupert's Land, or of Canada, or of British Columbia, and all the lands and territories (except and subject as in the terms and conditions therein mentioned) granted or purported to be granted to the said Company by the said Letters Patent;

And whereas such surrender has been duly accepted by Her Majesty, by an instrument under her sign manuel and signet, bearing date at Windsor the twenty-second day of June, one thousand eight hundred and seventy:

It is hereby ordered and declared by Her Majesty, by and with the advice of the Privy Council, in pursuance and exercise of the powers vested in Her Majesty by the said Acts of Parliament, that from and after the fifteenth day of July, one thousand eight hundred and seventy, the said North-Western Territory shall be admitted into and become part of the Dominion of Canada upon the terms and conditions set forth in the first herein before recited address, and that the Parliament of Canada shall from the day aforesaid have full power and authority to legislate for the future welfare and good government of the said Territory. And it is further ordered that without prejudice to any obligations arising from the aforesaid approved report, Rupert's Land shall, from and after the said date, be admitted into and become part of the Dominion of Canada, upon the following terms and conditions, being the terms and conditions still remaining to be performed of those embodied in the said second address of the Parliament of Canada, and approved of by Her Majesty as aforesaid :

1. Canada is to pay to the Company £300,000 when Rupert's land is transferred to the Dominion of Canada.

2. The Company are to retain the posts they actually occupy in the North-Western Territory, and may within twelve months of the surrender select a block of land adjoining each of its posts within any part of British North America, not comprised in Canada and British Columbia, in conformity, except as regards the Red River Territory, with a list made out by the Company and communicated to the Canadian Ministers, being the list in the schedule of the aforesaid deed of surrender. The actual survey is to be proceeded with with all convenient speed.

3. The size of each block is not to exceed [10] acres round upper Fort Garry, [300] acres round lower Fort Garry; in the rest of the Red River Territory a number of acres to be settled at once between the Governor in Council and the Company, but so that the aggregate extent of the blocks is not to exceed 50,000 acres.

4. So far as the configuration of the country admits the blocks shall front the river or road by which means of access are provided, and shall be approximately in the shape of parallelograms, of which the frontage shall not be more than half the depth.

5. The Company may, for fifty years after the surrender, claim in any township or district within the Fertile Belt, in which land is set out for settlement, grants of land not exceeding one-twentieth part of the land so set out. The blocks so granted to be determined by lot, and the Company to pay a rateable share of the survey expenses, not ex

ceeding eight cents, Canadian, an acre. The Company may defer the exercise of their right of claiming the proportion of each township for not more than ten years after it is set out, but their claim must be limited to an allotment from the lands remaining unsold at the time they declare their intention to make it.

6. For the purpose of the last Article the Fertile Belt is to be bounded as follows:On the south by the United States boundary; on the west by Rocky Mountains; on the north by the northern branch of the Saskatchewan; on the east by Lake Winnipeg, the Lake of the Woods, and the waters connecting them.

7. If any township shall be formed abutting on the north bank of the northern branch of the Saskatchewan River, the Company may take their one-twentieth of any such township, which for the purpose of this article shall not extend more than five miles inland from the river, giving to the Canadian Dominion an equal quantity of the portion of lands coming to them of townships established on the southern bank.

8. In laying out any public roads, canals, &c., through any block of land reserved to the Company, the Canadian Government may take, without compensation, such land as is necessary for the purpose, not exceeding one-twenty-fifth of the total acreage of the block, but if the Canadian Government require any land which is actually under cultivation, or which has been built upon, or which is necessary for giving the Company's servants access to any river or lake, or as a frontage to any river or lake, they shall pay to the Company the fair value of the same, and shall make compensation for any injury done to the Company or their servants.

9. It is understood that the whole of the land to be appropriated, within the meaning of the last preceding clause, shall be appropriated for public purposes.

10. All titles to land up to the eighth day of March, one thousand eight hundred and sixty-nine, conferred by the Company, are to be confirmed.

11. The Company is to be at liberty to carry on its trade without hindrance in its corporate capacity, and no exceptional tax is to be placed on the Company's land, trade, or servants, nor any import duties on goods introduced by them previous to the surrender. 12. Canada is to take over the materials of the electric telegraph at cost price, such price including transport but not including interest for money, and subject to a deduction for ascertained deterioration.

13. The Company's claim to land, under agreements of Messrs. Vankoughnet and Hopkins, is to be withdrawn.

14. Any claims of Indians to compensation, for lands required for purposes of settlement, shall be disposed of by the Canadian Government, in communication with the Imperial Government, and the Company shall be relieved of all responsibility in respect of them.

15. The Governor in Council is authorized and empowered to arrange any details that may be necessary to carry out the above terms and conditions.

And the Right Honourable Earl Granville, one of Her Majesty's principal Secretaries of State, is to give the necessary directions herein accordingly.

ACT CREATING THE DISTRICT OF KEEWATIN, 1876.

AN ACT RESPECTING THE North-West Territories and to create a Separate TerRITORY OUT OF PART THEREOF.

*

Whereas it is expedient, pending the settlement of the western boundary of Ontario, to create a separate Territory of the Eastern part of the North-West Territories: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. All that portion of the North-West Territories, bounded as follows, that is to say:Beginning at the westerly boundary of the Province of Ontario, on the international boundary line dividing Canada from the United States of America; then westerly, following

*39 Vic. chap. 21 (1876, Dom.)

upon the said international boundary line, to the easterly boundary of the Province of Manitoba; thence due north, along the said easterly boundary of Manitoba, to the north-east angle of the said Province; thence due west, on the north boundary of said Province, to the intersection by the said boundary of the westerly shore of Lake Manitoba; thence northerly, following the said westerly shore of the said lake, to the easterly terminus thereon of the Portage connecting the southerly end of Lake Winnepegosis with the said Lake Manitoba, known as "The Meadow Portage; " thence westerly, following upon the trail of the said Portage, to the westerly terminus of the same, being on the easterly shore of the said Lake Winnepegosis; thence northerly, following the line of the said easterly shore of the said lake to the southerly end of the portage leading from the head of the said lake into "Cedar Lake," known as the "Cedar" or "Mossy Portage;" thence northerly, following the trail of the said portage, to the north end of the same on the shore of Cedar Lake; thence due north, to the northerly limits of Canada; thence easterly following upon the said northerly limits of Canada, to the northerly extremity of Hudson's Bay; thence southerly, following upon the westerly shore of the said Hudson's Bay, to the point where it would be intersected by a line drawn due north from the place of beginning, and thence due south, on the said line last mentioned, to the said place of beginning; shall be, and is hereby set apart as a separate district of the said North-West Territories by the name of the District of Keewatin.

LICENSES TO MINE, &c., ON PIGEON RIVER, WEST OF LAKE SUPERIOR, GRANTED BY THE PROVINCE OF CANADA.

LICENSES GRANTED BY THE PROVINCE OF CANADA, PRIOR TO CONFEDERATION, TO EXPLORE AND TO MINE, OR QUARRY, FOR METALS, MINERALS, ETC., ON THE NORTHERLY SHORE OF LAKE SUPERIOR—THE WESTERN BOUNDARY OF THE TERRITORY COVERED BY THE LICENSES, RESPECTIVELY, BEING PIGEON RIVER.

[blocks in formation]

FORM OF LICENSE.*

PROVINCE OF CANADA

LICENCE TO EXPLORE FOR METALS, MINERALS, &C., ON THE NORTHERLY SHORE OF LAKE SUPERIOR.

R. R. Nelson, of having paid into this Office the sum of twenty-five pounds, by the hands of Mr. W. H. Jones (being the authorized charge for this Licence), is hereby permitted to explore and examine, in accordance with the General Order in Council, dated 21st September, 1853, within the section of country situated. between Sault Sainte Marie and Pigeon River, on the Shore of Lake Superior and extending Ten miles in a northerly direction, during a period of six months from the date hereof, and to mine or quarry for copper ore, lead, iron, tin, marble, gypsum, earths or minerals, upon any unlocated and unoccupied lands within that section of country, and not falling within any Indian or Public Reserve, and to select and take possession of a Tract not exceeding in extent Four Hundred Acres, and of the form of forty chains in front by one hundred chains in depth. And subject to the said R. R. Nelson reporting accurately his discovery, and the selection he has made, to the Commissioner of Crown Lands, within the said period of six months; and furnishing at the same time a Map and Report thereof, together with an affidavit by the Licence holder and some other credible person proving that no counter occupation or workings exist.

This Licence to remain in force for the term of two years, and to entitle the party named therein to purchase the Tract he may select; paying the consideration money in one sum, at the rate of seven shillings and sixpence per acre, within that period. Or failing to do so, he shall be regarded as having abandoned such right to purchase.

Until a purchase be completed, the Licence holder shall not convey from the Location. which he selects, any copper ore, lead, iron, tin, marble, gypsum, earths or minerals, excepting such specimens as may be necessary for testing the quality and value thereof; nor shall he, until a purchase be completed fell or remove any timber from the location. Upon a selection being made, the subjoined Certificate of Location will be filed up. JOSEPH CAUCHON, Com. Cr. Lands.

Crown Lands Department,

No. 9.

Quebec, 2nd August, 1855.

I CERTIFY that R. R. Nelson mentioned in the preceding Licence, to explore for metals, minerals, &c., having declared his selection under its provisions, and filed the required affidavits, has been entered on the map of this office for a Mining Tract of 400 acres, situated at Thunder Bay, and on the north shore thereof, the outlines of which pending an actual survey are calculated by the Office Maps, as follows, that is to say: The southeast angle of the Tract being about seven miles north-easterly from the mouth of the Rivière au Courant in north latitude 48° 29′ 30′′ and west longitude 49° 16′ 40′′ on Bayfield's Chart of Lake Superior. The Tract being forty chains in perpendicular breadth by one hundred chains in mean depth. The lateral lines running due north and the rear lines at right angles thereto.

Crown Lands Department,

Toronto, 30th January, 1856.

JOSEPH CAUCHON,
Com. Cr. Lands.

*Book "Mining Licenses," Crown Lands Department, Toronto, p. 9. The written part of the License is here given in italics: the rest composes the printed form of the Department.

ORDER IN COUNCIL REFERRED TO IN THE FOREGOING LICENSE.

In Council, September 21, 1853.

On the communication from the Crown Land Department, dated 15th September, instant, representing that the existing system, relative to the allotment of mining tracts, not having realized the anticipations formed by the Government of the period of their promulgation, nor, on the other hand, enabled individuals desirous of engaging in mining pursuits to effect their objects without compelling them to purchase locations of so extensive an area as to occasion a needlessly large expenditure of capital on acquiring a right to explore and mine where the indications were favourable, it is respectfully submitted by the Department whether it may not be desirable, in substitution of the system laid down in the Orders in Council of 18th April, 1846, 9th May, 1846, and 7th October, 1846, to devise regulations, combining with a right to explore, during a limited period, on favourable terms, the privilege of purchasing tracts of very moderate extent, provided the exploration proves satisfactory :

The Committee recommend that on payment into the hands of the Commissioner of Crown Lands of the sum of twenty-five pounds, that officer be permitted to issue a license to any individual authorizing him to explore upon any unconceded lands within the limits of any such country, or section of country, as he may desire to be inserted, situate within the boundaries of Upper Canada, for copper, lead, iron, tin, marble, gypsum, earth or minerals. Such license to remain in force for a period of two years, and to authorize the individual in whose favour it issued to take possession of a tract not exceeding four hundred acres, and not already occupied by any other person-such tract to be in the proportion of forty chains front by one hundred chains in depth. The license holder to report his discovery and selection accurately by letter and map within six months from the issue of his license, accompanied by an affidavit made by himself and some other credible person, proving that no counter occupation or workings exist.

And at the expiration of the said term of two years, during which the license shall have force, he shall complete a purchase, paying the consideration money in one sum, at the rate of seven shillings and six pence per acre, or failing to do so he shall be regarded as having abandoned such right to purchase.

Certified

WM. H. LEE.

DESCRIPTION OF THE LINE OF DIVISION BETWEEN THE PROVINCES OF UPPER AND LOWER CANADA, REFERRED TO IN THE ORDER IN COUNCIL OF 24TH AUGUST, 1791.*

To commence at a stone boundary on the north bank of the Lake St. Francis, at the Cove, west of Pointe au Bodet, in the limit between the Township of Lancaster and the Seigneurie of New Longueuil, running along the said limit in the direction of north thirty-four degrees west to the westernmost angle of the said Seigneurie of New Longueuil, thence along the north-western boundary of the Seigneurie of Vandreuil running north twenty-five degrees east, until it strikes the Ottawas River, to ascend the said River into the Lake Tomiscanning, and from the head of the said Lake by a line drawn due north until it strikes the boundary line of Hudson's Bay, including all the territory to the westward and southward of the said line to the utmost extent of the country commonly called or known by the name of Canada.

This paper was procured by the Government of Ontario from the Public Records Office, London. The Order in which it is referred to, and which, for our purpose, is incomplete without it, is to be found at p. 388 ante.

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