same by any number of instalments not exceeding four, upon the payment of not less, at any one time, than five years' amount of quit-rent, the same proportion of quit-rent to cease.

In case, however, the parties should fail regularly to pay the remainder of the quit-rent, the same to be deducted from the instalment paid, and the lands to be re-sold by auction whenever the instalment may be absorbed by the accruing payment of the remainder of the quit-rents. Public notice will be given in each district in every year, stating the names of the persons in each district who may be in arrears, either for the instalments of their purchases or for quitrents, and that if the arrears are not paid up before the commencement of the sales in that. district for the following years, the lands, in respect of which the instalments or quit-rents may be due, will be the first lot to be exposed to auction at the ensuing sales; and if any surplus of the produce of the sale of each lot should remain after satisfying the crown for the sum due, the same will be paid to the original purchasers of the land who made default in payment.

No land will be granted at any other time than at the current sales in each district, except upon application from poor settlers who may not have been in the colony more than six months preceding the last annual sale; settlers so circumstanced may be permitted to purchase land, not exceeding two hundred acres each, at the price at which it may have been offered at the last annual sale and not purchased, and may pay for the same, or by quit-rent computed at five per cent. on the sale price, and thenceforth these persons shall be considered as entitled to all the privileges, and be subject to the same obligations as they would have been subject to if they had purchased the land at the last sale.

In cases of settlers who shall be desirous of obtaining grants of land in distinct districts not surveyed, or in districts in which no unredeemable grant shall have been made, the commissioner of crown lands will, under the authority of the governor, at any time within a period of seven years from the date hereof, grant permission of occupancy to any such settlers for lots of land not exceeding two hundred acres, upon consideration that they shall pay a quit-rent for the same, equal to five per cent. upon the estimated value of the land at the time such occupancy shall be granted, and the persons to whom claims of occupation shall be made shall have liberty to redeem such quit-rents at any time before the expiration of the seven years, upon the payment of twenty years' purchase of the amount; and at any time after the termination of the seven years upon the payment of any arrear of quit-rent which may be then due, and twenty years' purchase of the annual amount of the rent.

No patent will be granted until the whole of the purchase-money shall have been paid, nor any transfer of the property made, except in case of death, until the whole of the arrears of the instalments or quit-rent shall have been paid.

The purchase-money for all lands, as well as the quit-rents, shall be paid to the commissioner of crown lands, or to such person as he may appoint, at the times and places to be named in the condition of the sale.

Το township of

X.

Instructions to the Agents of Townships.

LOWER CANADA.

agent for superintending the settlement of the

The governor-in-chief (or lieutenant-governor) having been pleased to appoint you agent for superintending the settlement of the township of

1st. You are to reside within the township to the superintendency whereof you are appointed, or in its vicinity, in order the better to accomplish the end of your nomination.

2nd. Your next duty will be to lay off, with the advice and participation of the surveyorgeneral, a block of 500 acres, as a site for a village, of which 200 acres will be set apart for a church, school-house, and court-house for the sessions of the peace; the remaining 300 acres to be granted into lots of the average dimensions of one acre, by ticket of occupation, on condition that a comfortable log-house be built thereon; and in conformity to other conditions therein contained, a projected plan of the sub-division of such a village to be submitted by the surveyorgeneral to the governor (or lieutenant-governor) for approval.

3rd. The lots to be granted to be one-half of an ordinary township lot, divided through the centre, not longitudinally, but so as to give to each settler nearly a compact square farm of 100 acres, and the usual allowance of five per cent. for highways.

4th. Each applicant to receive from you a location certificate, of which printed forms will be furnished you, for the half-lot you will assign to him, (each settler being entitled to the vacant half lot next after the number of the last preceding certificate, provided he be the first applicant), and no such location certificate to be granted, unless the applicant be of good character, a British subject, and upon the spot ready to commence the performance of the conditions of his location ticket. Such applicants, however, of good moral character, having large families and probably some of a sufficient age and capable of improving land, should be particularly encouraged and recommended by you to government for an additional portion of land, as contiguous as possible to the land already located to them; and such of the sons as are above 18 years, being desirous of cultivating lands for themselves, provided they appear to you capable of undertaking the management of a farm, ought in such case to be located to a half lot nearest that of their father.

5th. You will quarterly transmit to the surveyor-general's office exact returns, in the following form, of the locations made in the township you superintend, accompanying the same with remarks on the general state and prosperity of the settlements therein.

Quarterly Return of Locations made in the Township of

FAMILIES.

between the

and the

182

A copy of which return the surveyor-general will transmit to the civil secretary's office, to obtain through its medium the ratification and approval of government of the locations therein stated to have been made; the same to be subsequently forwarded to you, through the surveyorgeneral's office, where entries of the ratified list and return will be first duly made.

6th. You will make a separate report, for the consideration of government (to accompany each quarterly return), of such lands where the conditions of settlement have been wholly neglected, and the time for performing them, or any of them, has expired (after giving due notice to that effect to the parties interested), but you are not to proceed to a new location of the lots until you receive an authority to that effect from this office.

7th. Every settler to be held to clear the road in front of his lot to the width of 20 feet within from the date of his location ticket; and in default of so doing, his location ticket to be null and void, unless satisfactory reasons are given why the same could not be performed, in which case discretion is left you to act thereupon with equity and justice towards the individual.

8th. Every person who shall be located shall be held to clear the entire front of his half lot, by the depth of one acre from the front, within two years from the date of his location certificate; and in default thereof, shall forfeit his right to the half lot for which he may have been located, but at the same time shall be entitled to his grant of such half lot upon producing the certificate of the agent of the township in which such lot is situate, of the performance of the above conditions, at any time before the expiration of the two years allowed for the performance of the said conditions.

9th. You will take care to reserve and point out the grounds for by-roads to communicate from one range to the other, and with the roads running in front of the lots; which by-roads you will lay out at convenient distances from each other, as near on the division lines of the lots as practicable, five per cent. being allowed for that object.

10th. With reference to the crown and clergy reservations, you will be governed by the diagram hereunto subjoined; and you are to refrain from granting such parts of the township under your superintendence, as you may think proper to be retained in the power of the crown, for its future disposition, according to the circumstances accompanying the settlement of that township, of which you will give an early communication to government.

11th. You are to consider yourself as the guardian of the ungranted lands of the crown and of the reservations in block, or otherwise, set apart for the future disposition of his Majesty, within the limits of the township under your superintendence; and as such you are to report to this office the trespass and depredations committed thereon, that instructions may in consequence be given to the law officers of the crown to prosecute the individuals concerned.

12th. You will be entitled to a per-centage of five acres on every hundred located by you as agent, and it will be optional with you to take in each range your per-centage on the lands located therein, or to select it in block in the rear of each half of the township; but it is to be understood that the same will be secured to you by letters patent, so soon only as the conditions of settlement shall have been complied with by the settlers on their respective lots.

13th. In consideration of postage, stationery, &c. you will be entitled to demand for yourself, upon each location made by you, a sum of 2s. 6d., accounting to the surveyor-general for his fees.

14th. You will consider yourself as linked with this, the office of his Majesty's surveyorgeneral, from whom you shall receive, from time to time, such further communications as the

exigency and nature of this branch of the public service may require, and through him make all your reports or communications to the governor.

By his excellency the governor-in-chief's command,
Surveyor-general's office,

Quebec,

182

XI.

JOS. BOUCHETTE,

Surveyor-general.

Form of a Location Ticket from a District Land-board in Upper Canada.

A. B. born at this province

in

Land-Board,

of the age of

District.

years, having arrived in and petitioned to become a settler therein, has been examined by us, and we being satisfied with his character, and of the propriety of admitting him to become a settler, and having administered to him the oath of allegiance, do assign to him one hundred acres of land, being the concession of the in

in the

half of lot No. for which, upon due proof of having cleared and cropped five acres, and cleared half the road in front of his land, of having erected and inhabited a house thereon for one year, he will be entitled to receive a grant to him and his heirs, he paying the patent fee of 57. 14s. 1d. sterling.

N. B.-If the settlement duty is not performed within two years, this location to be of no value, but assigned to another settler.

TABLE OF FEES.

Upon all grants of land issuing under orders in council, bearing date subsequent to the 1st January, 1820, the following sums will be paid by the patentee.

In three equal instalments. The first on receipt of the location ticket, the second on certificate filed of settlement, the third on receipt of the fiat for the patent.

No petition can be entertained unless accompanied by a written character or a satisfactory reason shown for such not being produced.

(Signed)

JOHN SMALL,

Clerk of the Executive Council.

The fees in LOWER CANADA are low, and bear no proportion to those demanded in the

sister provinces. The fees on land granting in the
31. 6s.
8d. per 1000 acres granted under letters patent;
the survey of each 200 acre lot.

lower province have uniformly been

and an average of from 10s. to 15s. for

XII.

General Statement of the Grants of Land made in Nova Scotia from the Year 1749 to 1826, showing the Reservations of Mines and Minerals to the Crown.

That

Of which

And that

It further appears,

That upon

That upon

That upon

In some of these grants, mines of gold and silver, precious stones, and lapis lazuli are reserved, but in most of them there is no reservation whatever.

Mines of gold and silver, precious stones, and lapis lazuli are reserved, and no other.

Mines of gold, silver, lead, copper, and coals are reserved, and no other.

All mines and minerals of every description are reserved to the crown.

6,119,939 acres have been granted.
2,152,662 acres have been escheated.

3,979,277 acres are still held by grants.

town, suburbs, and peninThese grants include the sula of Halifax. Farm lots on the harbour and vicinity of Halifax.

These lands were escheated for the reception of the great bodies of loyalists and disbanded corps, who settled in this province in the years 1783 and 1784, and consisted chiefly of large tracts, situate in the County of Shelburne, Sidney, Poictou, County of Hants, Cumberland, and Halifax.

11,500 acres there is no reservation of any mines and minerals (except in a few grants to the crown.)

956,690 acres, mines of gold and silver, precious stones, and lapis

lazuli, are reserved.

1,667,151 acres, mines of gold, silver, lead, copper, and coals are reserved.

And that upon 1,343,936 acres, mines and minerals of all descriptions are reserved to