Settlers' guide. Province of Quebec. 1880 online

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SETTLERS' GUIDE.



1880,



SCHEDULE of Crown Lands and Timber Agencies, showing the names and
residences of the Agents, the means of communication between
Quebec and the several Agencies, the names of the Townships com-
prised in each, and the number of acres still to be disposed of in each
township, the price per acre, with some general remarks on the
quality of the soil, forests, mines, &c., to 30th June, 1879 ; with
notice to bona-fide settlers ; Mining Regulations and Phosphate Mines'
Act and Amendments ; and Firewood Regulations.





The perusal of the following "Directions regarding Prfblic Land
Matters " will be of great benefit to all parties haying business with the
Department of Crown Lands, as it may prevent useless and unnecessary
correspondence :

DIRECTIONS REGARDING PUBLIC LAND MATTERS,

A fee of $1 is charged on all assignments registered by this Department
in connection with sales or locations of Public Lands, or retained as
necessary to the establishing a claim thereto or the substituting of assignees
for purchasers or locatees ; and, therefore, all such documents must be accom-
panied by the required fee or fees, as the case may be, otherwise they will be
returned without action being taken on them ; they should be transmitted
to the Department through the Agent within whose jurisdiction the land is
situated.

Agents will grant certificates of the performance of settlement duties
in all cases where their knowledge of the fact will enable them to do so, on
payment of a fee of $3, or if they are required to make a special inspection
lor the purpose, on pre-payment of a sum sufficient to cover the expense at
the rate of $4 per day while actually employed away from home, on the service.

Surveyors' reports of improvements must state the nature and extent
of said improvements, distinguishing partial or abandoned clearances from
land in a fit state to be cropped, and whether the house, if any on the land,
is actually occupied ; also whether there are any adverse claims to the land
on account of improvements.

Agents are required when requested and circumstances will permit them
to do so, to properly fill up blank forms of unconditional assignments, for
which a fee of 50 cents must be paid at the time.

All matters of conflicting claims whether as regards lands, cash or
timber duties applied or to be applied, must first be referred to, and all
papers or proofs in relation thereto fyled with, the Agent to enable him to
decide the case or report it for the direct action of the Department, as the
same may require.

Communications to this oilice should be addressed to the Honorable the
Commissioner of Crown Lands.

Applications for dates of Patents, names of Patentees, or for copies of
Patent, should be made to the Provincial Registrar in this city.



DEPARTMENT CROWN
QUEBEC, Yth Feb., 1880.



sioner of Crown Lauds.




4

NOTICE.

TO PURCHASERS AND BONA FIDE SETTLERS.



The following- blank form of Receipt fully explains all the conditions
imposed on Purchasers of Public Lands, in this Province, under the Settle-
ment Regulations ;



GROWN LANDS



. _. . ....... ,. . .... - : ........ .. -. - . - ,18

RECEIVED from-, - -



the sum of



being the First Instalment of one Fifth of the purchase money of-



- Acres of Land contained in 1 ot, No..



o f the Township of . P. Q., the remainder

payable in four equal annual instalments, with interest from this date at 6 per cent.

This Sale, if not disallowed by the Commissioner of Crown Lands, is made subject to the following
conditions, viz : The Purchaser to take possession of the Land within six months from the date hereof,
and from that time continue to reside on and occupy the same, either by himself or through others, for at
leas>t Two years, and within Four years at furthest from this date, clear, and have under crop a quantity
thereof in proportion of at least Ten Acres for every one hundred Acres, and erect thereon a habitable
house of the dimensions of at least Sixteen by Twenty feet. No timber to be cut before the issuing of the
Patent, except under License, or for clearing of the Land, Fuel, Buildings and Fences ; all Timber cut
contrary to these conditions will be dealt with as Timber cut without permission on Public Lands. No
transfer of the purchasers right will be recognized in cases where there is default in complying with any of
the conditions of sale. In no case will the Patent issue before the expiration of TWO years of occupation
of the Land, or the fulfilment of the whole of the conditions, even though the land be paid for in full.
Subject, also, to current Licenses to cut Timber on the land, and the purchaser to pay for any real
improvements now existing thereon, belonging to any other party, and further subject to all mining laws
and regulations.



, ; Agent.

CAUTION. If the Commissioner of Crown Lands is satisfied that any purchaser of Public Lands,
or any assignee claiming under him has been guilty of any fraud or imposition, or has violated or neglected
to comply with any of the conditions of sale, or if any sale has been made in error or mistake, he may
cancel such sale, and resume the land therein mentioned, and dispose of it as if no sale thereof had been
made. Extract from 2Oth Sec : Act : 32 Viet : Chap : n.

BACK RENT : OR, RENT OF OCCUPATION,

The attention of intending settlers, as also of all occupants of Public Lands who have not yet pur-
chased their holdings from the Crown, is hereby directed to the following Schedule of Back Rent, which
becomes chargeable at the time of purchase, daiing from the beginning of such occupation :

In . accordance g^"Rent of 200 acres of land at 60 cts. per acre, $5 per annum for first 7 years and
ment's cTrcular double that amount, viz. : $10 per annum thereafter.

of nth Feb \ Rent of 200 acres of land at 40 cts. per acre, $4 per annum for first 7 years and

^ 8 74- double that amount, viz. : $8 per annum thereafter.

Bent of 200 acres of land at 30 cts. per acre, $3 per annum for first 7 years and

double that amount, viz. : $6 per annum thereafter.
Kent of 200 acres of land at 20 cts. per acre, $2 per annum for first 7 years and

double that amount, viz. : $4 per annum thereafter ; and in proportion foi

smaller quantities the rent to be added to the price per acre, and the whole

to te paid by instalments as usual.






MINING REGULATIONS



Department of Crown Lands,

Quebec, 25tk Feby., 1880.

REGULATIONS for the sale of Mineral Lands, in conformity
with. Orders-in-Council, dated llth May, 1874, and 17th
February, 1880.

1. All tracts of land comprised in any unsurveyed territory o. c., nth
which shall hereafter be sold as mining lands, in virtue of the Ma 7>i874.
present regulations, shall be of the form and extent hereinafter
specified, and shall be called " Mining Locations."

2. There shall not be made to the same person any sale of
Mining Locations containing more than four hundred acres in
superficies.

3. There shall be, in future, three classes of Mining Locations,
of the following forms and dimensions, viz : First class four
hundred . acres ; second class two hundred acres ; third class
one hundred acres in superficies, with the usual allowance of
five per cent for highways, in each case. Locations of the first
class shall measure 52 chains in front, those of the second class, 26
chains, and those of the third class, 13 chains ; all three classes
having a uniform depth of 80 chains and 80 links.

4. In surveyed townships, these different classes of. Mining
Locations will contain one, two or four lots as regularly sub-
divided or a greater or lesser number as the case may be, if the
lots are irregular and contain more or less than one hundred acres
in superficies each,

5. In townships which are merely projected, the front and side
lines of these locations should coincide with the front and side
lines of the township as projected,

6. In all unsurveyed territories, the direction of the exterior
lines of all Mining Locations shall be determined by the Commis-
sioner of Crown Lands.

7. All Mining Locations in unsurveyed territory shall be sur-
teyed by a Provincial Land Surveyor, acting under the instruc-
tions of the Department of Crown Lands, and be connected with
some known point iri previous surveys so that the tract may be



laid down on the office maps of the territory which are of record
in this department ; which surveys shall be made at the cost of
the applicants, who shall be required to furnish with their applica-
cation to purchase the plan of the surveyor establishing the
position and dimensions of the locations they desire to purchase,
with the field notes and proces-verbal of his operations ; the w r hole
to be done in conformity with the present regulations, and to the
satisfaction of the Commissioner of Crowni Lands.

8. With the application to purchase and the production of the
documents hereinbefore mentioned, applicants will be required to
pay to the Department the entire price of the Mining Locations of
which they desire to make the acquisition, at the rate of one dollar
per acre, or at a higher rate if the price of other lands in the same
township (if the location be in a surveyed township duly erected)
is more than one dollar per acre.

9. Mining Locations in unsurveyed territories, bordering upon
lakes and rivers, shall have their frontage upon such waters, and
shall be subject in all cases, to the public rights in navigable or
floatable waters ; and, further, along such lake or river, there shall
be reserved a right of way of one chain in breadth, which right of
way shall be comprised in the allowance of 5 per cent specified in
the 3rd section of the present regulations.

10. In townships duly erected, as well as in any unsurveyed
territory, no lands shall be sold, in virtue of or in conformity with
the present regulations, unless there be some real indications of the
presence of some minerals in the lands for which application to
purchase is made, and the proof of these indications must be pro-
duced by the exhibition of specimens found upon or in the said
lands accompanied by the affidavit of some competent and
creditable person, shewing that the specimens produced came
therefrom .

11. All sales and patents of Mining Locations will, in future, be
subject to the conditions established by the seventh section of the
regulations respecting the sale and management of timber on
Crown Lands, approved by His Excellency the Lieutenant-
G-overnor in Council, the 17th February, 1874, which said section
reads as follows : "On all mineral lands sold or patented after the

17th day of Feburary, 1874, comprised within the territory now
under license, limit-holders may, in virtue of such licenses, retain
the privilege of cutting the merchantable pine and spruce
timber growing thereon, but these permits shall finally expire
after a period of three years from the date of issue of letters-
patent for such lands."

12. The patents for all Crown lands which will, in future, be
sold as mining locations, in conformity with the present regula-
tions, will contain a clause reserving all trees of pine and sp



measuring 12 inches and upwards in diameter on the stump, which
pine and spruce trees will continue to be the property of the
Crown, and the right of entering upon the said lands and cutting
and taking therefrom the trees so reserved, and making and
keeping in repair, across the said locations, all roads necessary for
such operations, may be granted by the Crown in favor of any
person whomsoever.

Nevertheless, the purchasers or proprietors of such mining
locations may cut and take away for their own use such quantities
of the said trees as may be required for the construction of all
buildings and dependencies necessary for their operations.

13. The preceding provisions shall apply solely to mineral lands see Phos-
containing only inferior metals or quarries of stone of any kind or P hate Act -
description, but not to mineral lands containing gold or phosphates

of lime.

14. In the gold mining divisions, lands which may hereafter
be worked for gold, will remain, notwithstanding the sale thereof,
subject to the provisions of the Grold Mining Act of 1864 and its
amendments.

15. In selling lands in the said gold mining divisions, the
department should, as much as possible, discriminate between
purchasers who desire to establish themselves as bond fide settlers
for agricultural purposes, and those who seek only to acquire these
lands in order to work upon them for gold, to these last, the price
will be two dollars per acre paid at time of sale, and on the express
condition that they shall prove the indications of the existence of
gold on such lands in the manner prescribed by the 1 Oth section

of the present regulations. To settlers who desire to establish 0. c., i7th
themselves for agricultural purposes, the land will be sold at the Feb y- 188 -
usual price and on the usual conditions, but if at any time after
the sale, it is established that the same lands are worked for gold,
in the sense of the Grold Mining Act, an additional sum. to be paid
down, will be exacted from the purchaser or from whoever has the
right of working the said lands for gold, sufficient to raise the
price thereof to two dollars per acre, and a clause or condition to
this effect will be inserted in the letters patent which will in
future be issued for such lands.

16. In no such case will there be sold any mining locations on
lands specially for the working for gold, in virtue of the present
regulations, by the local agents who, whenever any application to
that effect is made to them, should always submit the case to the
Department.

17. All regulations and orders in Council, anterior to the
)resent respecting the sale of mineral lands, are hereby revoked,

E. J. FLYNN,
Commissioner of Crown Lands,




ANNO QUADRAGESIMO PRIMO



VICTORIA



Preamble.



32 Viet., c.l 1
amended.



Designation
of Phos-
phate lots."



Figure and
superficial
area thereof.



mines of



CAP. IV

An Act respecting the sale of lands for the working of
phosphate of lime, amending the act 32 Viet., Cap. 11.

[Assented to 9th March, 1878.]

WHEREAS phosphate of Lime (apatite) has been discovered in
this province, and it is in consequence advisable to make legal
provisions for the regulation of the sale of lands suitable for the
working of this ore. Therefore Her Majesty, by and with the
advice and consent of the Legislature of Quebec, enacts as follows :

1. Section 15 of the act 32 Victoria, chapter 11, is hereby
amended so as not to apply to the sale of lands for the working of
phosphate of lime ; and every other legal provision contained in
the same act or in any other act now in force, is also amended so
as to have no effect contrary to the real meaning of the present act,
in virtue of which only, lands for the working of phosphate of
lime shall henceforth be sold.

2. Any tract of land forming part of the crown lands or of the
clergy reserves, which shall, in luture, be sold for the working of
phosphate of lime (apatite), shall be designated by the name of
"phosphate lot" ; and this expression shall be always understood in
this sense for the interpretation and carrying out of the present act,
as well as of all orders in council or regulations made and promul-
gated in virtue thereof.

3. The phosphate lots shall consist of parcels of land in the
figure and of the superficial area hereinafter specified, and shall be
divided by the commissioner of crown lands, as follows : in lots
of four hundred acres in superficies ; in lots of tw r o hundred
acres ; and in lots of one hundred acres ; in addition, in each
case, to the ordinary allowance of five per cent for roads,



d

4 In unsurveyed localities, the phospliate lots shall contain ; In uhstirvey-
those of four hundred acres, fifty- two chains, in width, those of ed localitie8 -
two hundred acres, twenty-six chains, and those of one hundred
acres, thirteen chains ; the whole by a uniform depth of eighty
chains and eighty links.

5. In the townships which have been surveyed and sub- Ordinary lots
divided, these various phosphate lots shall respectively comprise phos^hate^
one, two or four ordinary lots of one hundred acres each, as they lots.

are regularly divided ; or more or less, as the case may be, if these
farm lots, when of irregular shape or size, contain each more or
less than one hundred acres in superficies.

6. As regards projected townships, the side lines of these Direction of
phosphate lots shall be parallel to the side lines of the same town- ^jl^ 8
ships, and the front and rear lands shall coincide with the townships,
intended range lines.



I

su

SU



7. As regards unsurveyed localities, the direction of the exterior in an
ines of such phosphate lots shall be determined by the commis- v t eve(1 local "

oner of crown lands, under whose supervision these lets shall be
urveyed, claimed, divided and described by a provincial land
rveyor.

8. Whenever a phosphate lot in an unsurveyed locality is on Lot on the
the shore of a lake or the bank of a river, its front shall be on ^ e f t k e
such lake or river, and it shall be subject to the rights of the blnVof a
public to navigable and floatable waters. It shall, moreover, be river,
subject to the right of passage or of way, of a chain in width,

along such lake or river, this right being comprised in the
allowance of five per cent specified in the third section of this
act.

9. In existing townshirs, as well as in unsurveyed localities, Indicationsof
no land shall be sold as a phosphate lot, unless it reveals real quMng^obe
indications of the existence of this ore. seen on such

lots.

10. It shall be lawful for the commissioner of crown lands to Geological
cause to be made, from time to time, and as often as he may

advisable, geological surveys or other searches,, in order to
ascertain what lands contain phosphate of lime. He may, at the
same time, cause phosphate lots to be surveyed, and limits and Survey of
boundaries to be set thereto, in the localities which are not yet lotSl
sub-divided, and shall also specify, in his discretion, each lot
according to the third section of this act.

11. The commissioner of crown lands may also, when he sees Lands con*
fit, reserve and withhold from sale for colonization purposes, tain j8 ^ds
lands in which he shall have established the existence of reserved. *
phosphate beds sufficiently abundant to be worked, with the object

of selling them at a suitable time as phosphate lots.



10

Lots of phos- 12. The commissioner of crown lands may, from time to time,

foTsaie^ UP a11 ^ as ft en as circumstances may require, offer and put up for sale
such number of phosphate lots as he may deem proper.

Notice. This sale shall be by public auction, after notice duly given and

published during at least four weeks in the French and English
languages in the Quebec Official Gazette and at least, in one French
and in one English newspaper, if there be any published in
these two languages, in each of the cities of Montreal, Quebec,
Ottawa, Three Rivers, and Sherbrooke, and in the town of Sorel.

Upset price. t each such sale, the upset price or first bid shall be fixed and
determined by the commissioner of crown lands, but shall not in

Price payable aii y case be less than t wo dollars per acre ; and the entire price of

in cash the adjudication shall be payable in cash.

Conditions 13. Each public sale of phosphate lots shall be made on the
express condition and stipulation that in addition to the price of
the adjudication, the purchaser, his heirs and assigns, or such other
person as may be substituted for him in his rights, or who shall,
with his consent, work phosphate of lime in and upon any lot so
sold, shall pay to the commissioner of crown lands, his agent or
Right of fifty agents duly authorized, fifty cents for each ton of phosphate in
ton** for each its crude state, which he may obtain and remove from such lot ;
and this under penalty of annulling the sale and the letters patent,
Penalty and which shall contain a stipulation to that effect, and of the con-
confiscation. nsca ti ollj for the benefit of the crown, of every portion and
quantity of phosphate of lime so obtained and removed as
aforesaid, for which he or they shall refuse or neglect to pay such
duty.

Such confiscation shall be made by the agent or any other officer
charged with the collection of such duty, by means of the seizure
and sale of the said quantity of phosphate, in the manner and
form established for the confiscation, seizure, and sale of timber
taken and cut on the public lands, for non-payment of the duties
imposed thereon, in virtue of chapter 23 of the consolidated statutes
of Canada.

Conditions in 14. Every sale of phosphate lots, made under the present act,

tfmSimits sna ^ ^ e subject to the conditions which are now or may hereafter

' be established, in favor of the owners of timber limits, by the

regulations respecting the sale and management of timber on crown

lands, under the authority of the Lieutenant Governor in Council ;

Restriction, provided always that such owners of limits shall not derive any

benefit from such conditions, during more than three years from

the issue of the letters patent for such phosphate lots.

Additional

rates* shall be l^. For each lot forming part of the public lands in this
paid on lots pro vince, which may hereafter be sold at the usual price and on
sold for agri- the ordinary conditions, for agricultural or other purposes, but
poses^and on ^ rom or on wbddi it shall be established at any time after the sale,
which phos- either before or after the issue of letters patent, that phosphate of
* s ^ >e ^ n > wol *ked, the purchaser or purchasers, or such persons



ii

as may be substituted for him or them in his or their rights as
proprietors of such lot, shall be bound, and obliged to pay in cash
to the commissioner of crown lands, an additional amount
sufficient to raise the price of such land to the raje of two dollars
per acre, and in 'addition the duty imposed on the working of
the phosphate ; and a provision to that effect shall be inserted in
the letters patent which shall hereafter issue for granting of
public lands in this province.



.



16. Phosphate lots situated in unsurveyed localities, as well as Private sale
ose comprised in townships which hare been surveyed and sub- ^P ho8 P hate

divided, on which improvements may have been made with a

view to settlement, or in reference to which a claim exist, may be

sold by the commissioner of crown lands, or under his direction,

by private sale and not by public auction, at a price agreed upon,

which in no case shall be less than two dollars per acre, payable

in cash ; but subject to all the charges and conditions established Conditions.

and laid down, or which may be established and laid down, for

the sale of phosphate lots under the various provisions of the

present act.

Letters patent shall issue in consequence, provided that these Letters
sales, in the unsurveyed localities as aforesaid, shall be made and patent>
agreed to by the commissioner of crown lands or under his
direction, to such person or persons only as shall send in or shall
have sent in at their own expense with their application for
purchase, a plan or plans, drawn by a provincial land surveyor, plans and sur-
establishing the positions and dimensions of the phosphate lots, y required,
the acquisition of which is desired ; this survey shall, in every
respect, be in accordance with the provisions of the present act
and with all orders in council, which may be passed in virtue
thereof; the whole subject to the approval of the commissioner of
crow r n lands.

17. Every person, corporation, company or partnership, which Tne existence
desires to purchase one or more phosphate lots, in virtue of the jjJeds^eq^ired
preceding section, shall also furnish, with the application for to be proved,
purchase, to the commissioner of crown lands, satisfactory proof

that beds of phosphate of lime exist in and upon such lot or lots ;
which proof shall be made by exhibiting specimens of samples
of this ore, accompanied by affidavits of competent persons