1917 LAND SETTLEMENT \ND DEVELOPMENT. C H \ P . 34

CHAPTER 34.

An Act to promote Increased Agricultural Production.

[ \f.saitr<l to 19th Mai/, J on ]

H IS AIA.JLSTY. 1M and with the achke and consent of the Legislative Assembh of the Province of British Columbia,

enacts as follows- —

shoit liih.

1 This Act nun be ' l ied a», the • r and (--ettlenient and Develop saiort title meiit Act."

hitu pututwn.

2. In tin*» Act. unless the context otherwise lemures, the following inurprctation expressions t-hal) include the meaning* herein assigned to them, th.it is to saj —

"Association" means an asocial mi i which is subject to and vsvuiation • governed b\ the provisions of ihe • Agricultural Act. 1!)15," and shall also mean and unhide am public irri»a tion corjioiation incorporated under the " Water Act, 1914":

" lion rd " means the Land Settlement Hoard constituted under. Hoard • this Art-

• chairman " means the Chairman of the Hoard and any person "cimirmnn • for the time being acting in that capacity:

" Crown land '' means all land held In the Crown in right of the crown land" Province of British Columbia :

" Loan '" means am loan made b\ the Hoard under the provisions •• Loan • of this Act:

"Mortgage" shall include everv security taken by the Hoard 'MortKnce" under the provisions of this Act:

" Pre emption " means land held by record of pre emption under •• rre emption •• the provisions of the " Land Act" :

157

C H A I \ 3 4 LAND SETTLEMENT AND DEVELOPMENT. 7 & 8 G E O . 5

"Prescribed." " P r e s c r i b e d " means prescribed by this Act or by regulations: •'Property.-- " P r o p e r t y ' ' includes all real and personal estate and property

of every kind and na ture soever: •Purchase land." '• Purchase land " means land held by certificate of purchase on

the deferred-payment system under the provisions of the - L a n d A c t " :

"Regulations." •• HeguJations " means regulations for the time being in force under this Act.

Land Settlement Board.

Land Settlement Board constituted.

«$. For the purpose of administering and carrying out the provi­sions of this Act. there shall be in (he J>eparti:ieut of Agriculture of the Province a Board, to be called the " Land Settlement Hoard." which shall consist of not less than live members to be appointed b% and hold office dur ing the pleasure of and receive such remuneration as may be determined by His Honour (he LieuienanMJovernor in Council, and shall be a \><>d\ politic and corporate.

Chairman and Directors.

Member to devote whole time to duties.

4. t l . i One of the member», shall be appointed b\ the Lieutenant Governor in Council to he Chairman of the Hoard, and the other members shall be appointed and known as Director.», of the Hoard.

C.\l Each member of the Hoard shall devote the whole of his time to the performance of his duties under this Act.

Membeis to act in absence of Chairman.

Vacancies

.>. i 1.1 In the absence of the ('hairniau or in < n»>e of his innbilin to act. or if there is a vacancy in the ollice. any oilier member ina\ act as Chairman. When a member ap]>ears to have acted for or instead of the Chairman, it shall lie conclusively presumed that he so acted for one of the reasons mentioned in ihjs subsection.

I 2.1 The existing or continuing members of the Hoard shall have and may exercise all the jurisdiction and powers of iJie Hoard not withstanding any vacancy or vacancies in (he membership (hereol.

Appoint of S.Y..S Appointment

. J

Application of Civil Service rules

Interest In property or und-rtaklng» of Hoard prohibited

(». i Li The Hoard may, with ihe approval of His Honour the Lieutenant-Governor in Council and subjeel to subsection ili), from time to time appoint and empbo such appraisers, inspectors, officers, and clerks as may be required for e a r n ing out the provisions of this Act, and may prescribe their duties anil determine their retnuner.i tion. The Hoard may, subject to regulations, employ such other employee» and servants as may be required from time to time at such rates of pay as may be deemed proper.

12. i The officials and clerks of the Hoard shall be subject to all statutory provisions, rules, and regulations applying to the Civil .•service of the Province for the time being in force.

(.'>.1 It shall not he lawful for any member, ollicial, or clerk of the Hoard, direrlly or indirectly, to have, purchase, take, or acquire any interest in any properly in re^jiect of which a loan is made

l.'lS

191T LAND SETTI.BMKVT AND DEVELOPMENT. CHAP. 34

under this Act, or in any property which is acquired, improved, or otherwise held, sold, or dealt with by the Board under this Act, or in any contract or undertaking to which the Board is a party. If any such interest conies to or becomes vested in any member, official, or clerk of the Board by will or by operation of law, and he doe» noi within twelve months thereafter sell or absolutely dispose of it, he shall cease to hold office.

7. (1.1 The Board shall hold its meetings at the times and conduct \iceuns-. of Board its proceedings in the manner prescribed by the regulations.

12.) Three members of the Board shall constitute a quorum. Quorum

8. (l.i The Board shall at all times cause proper minute books to Record of pro^^t^d'ii T,>

1« kept, in which shall be entered full and accurate minutes of all the proceedings at each meeting of the Board.

{'2 A A resolution of the Board not inconsistent with this Act or Board s r^oiution the regulations shall be binding upon all (he members of the Board in the conduct of the business and affairs of the Board.

9 (l.i The Board shall have an official seal inscribed with the official seal and l T 1 c« j . l . , , i r i> •. I si 1 1 • •• T-i u s e l n oroviug

words " Land beftlement Board of British Columbia Lverj paper, .loiuments writing, or instrument impressed with the seal of the Board and signed by or on behalf ol the Boaid shall thereupon be admissible in eiidence in all Courts in this Prounee without proof of such seal ing or of the signature of the Chairman or person signing on behalf of the Board.

(-' All deeds, instruments, and other documents to be executed i*Cuti«i by the Board pursuant to this Act may be executed b\ the Chaiiman li\ Mgning his n. me and affixing the seal of the Board in the presence (if one oilier person, who shall subscribe his name as witness, and when so executed such (lends, instruments documents, and securi lies shall be deemed to have been validly and effectually executed ami delivered In and on behalf of the Board.

Appropriation for Puiposc? of Act.

JO. (1.) The Minister of Finance shall from time to time pav and vaninc* to Board lor j>ur[?o>cs of Act

advance to the Board out of the Consolidated Revenue Fund of the Province, from any money* appropriated by or under the authority of the Legislature for that purpose, such sums of money for the purposes of this Act as the Lieutenant Governor in Council may diveet.

i'2.) All such advances- shall bear in (crest on the daily balances interest at such rate as may be fixed by the Lieutenant-Governor in Council from lime to time: Provided that a separate account shall be kept of advances at different rates of interest.

I t . All moneys collected or received by the Board under this Act Disposition shall be paid to the Minister of Finance and shall be applied in ° "CP p %

ir><>

CHAP. 84 LAND SETTLEMENT AND DBVKLOPMKNT. 7 & 8 GEO. 5

All moneys nod property to be property of the Crown.

reduction of outstanding advances: Provided that where advance» are made at more than one rate of interest, the moneys paid to the Minister of Finance shall be applied in reduction of said advances in their chronological order.

12. All moneys in the hands of the Board or payable to the Board by any person whomsoever, including all moneys owing to the Board under this Act by any mortgagor, borrower, lessee, or purchaser, whether the same are accrued due or not. and all property whatso­ever held by the Board or to which the Board is entitled, are heroby declared to be the property of the Crown in right of the Province, represented by and acting through the Board, and all moneys so payable or owing to the Board shall be recoverable accordingly as from debtors to the Crown.

Ail moneys collected 13 . All moneys collected or received b\ the Board under this ooiidsted Re"enne0n^ Act shall be paid to the Minister of Finance, and shall be accounted

for as part of the Consolidated Revenue Fund of the Province. No moneys collected or received by the Board «hall lie exj»ended or paid out without first passing into the Provincial Treasury.

Reserve Funds.

Reserve Fond established.

Losses deMted to Reserve Fund.

Power to make loans

incidental powers

Register cJ loans

Lands on wblcb loans may be made

14. In connection with the Board's business and out of funds belonging to the Board, there shall be established and invested in and upon such securities as may lie approved by Order in Council a Reserve Fund, to which shall be carried al/ the net surplus earn­ings of the Board until the Reserve Fund shall consist of such sum. nor being less than one hundred thousand dollars. a« the Lieutenant-Governor in Council may from time to time direct.

15. A in Josses which ma\ be incurred under the operation of this Act shall be paid out of the Reserve Fund.

AfirictiUural Loans.

16. 11.1 It shall be law fill for the Board to lend money by making loans for purposes authorized by this Act to any person or associa tion, subject always to the provisions of this Act and the regulations.

12.) In addition to all other powers by this Act conferred, the Board shall be and is hereby authorized and empowered to do and to perform all acts necessary and incidental to the business of lend­ing moneys at interest, and hiking mortgages therefor and realizing on the same.

17. The Board shall cause to be kept in its office a separate register, in the form prescribed in the regulations, of all loans made by the Board.

18. (1.) It shall be lawful for the Board to accept as security for loans first mortgages upon agricultural land in the Province free

ICO

1917 LAND SETTLEMENT AND DEVELOPMENT. CHAP. 3 4

from all encumbrances, liens, and interests, other than interests Tested in the Crown, except as provided in subsections (3) and (4) of this section, that is to say:—

(a.) Land held by indefeasible title registered under the pro­visions of the '• Land Registry Act ' ' ; or

(b. I Land held by record of pre-emption under the'" Land Act " ; or

(c.) Land held by certificate of puichase on the deferred pay­ment system under the " Land Act.*'

12.) No loan shall be made upon the security of unsurveyed land, Losum-jed land 13.) In any case where a prior charge exists secured bj a regis- Loan when prior

tered charge under an_\ municipal by-law in respect to works of local improvement or by a registered charge in resi>ect of any dyking, drainage, or iriigation work authorized under any Act of thisd?rov-ince, and when the prior charge and the loan applied for does not exceed the maximum limit of the loaning capacity of such land, it slu!l be lawful for the l'.oard to «rant the loan applied for, and as security for such lean lo accept a mortgage concurrent with the prior charge.

i4.i The Hoard mat adtance bt wat if a loan secured by niort- '^an to a«o(iaticn« gage i to ant a-Mniaiimi incorporated under the provisions of I'arr II. of chapter 1, Statutes of 1!U4: or under Part III of chapter 2, Statutes of lftir»; or under ant Act of which before recited Acts is a re enactment i a sum of unmet not exceelii.g v i \ t \ per cent, of the cash talne of the association's property.

ID. Loans mat be made for the following purposes — serine purpose \a.) The acquiring of land for agricultural purposes and the

r-atisfsirtion <>f encumbrances m land used for such purpose»: •

ih.i The clearing of land, draining, dtking. water storage, and irrigation works:

(r.i The election of farm buildings-u/ i The pin chase of li\e stock, mei handle, mru-h inert. and

fertilizers: ic.) Diseh.iiging liabilities inmrred or the improvement and

development of land used for agricultural put poses-if.) And ant purpose which in the o union of the l'.oard will

increase the productiveness of the land in respect of which the loan in proposed:

<;/.) Carning out the objects of am association, subject to approval b\ Order in Council as 1 ereinafter provided:

(7i.) Taking over in wiioie cr in part nnd with the approval of the Lieutenant-Governor in Council, by Order in Council, any existing loan by the Crown in right of (lie Province of British Columbia to any association or any debentures issued by any association.

lfil

CHAP. 3 4 LAND SKTTLBMENT AND DKVEU>PMKNT. 7 & 8 G B O . 5

Oronsd* on which 20. Before granting anv loan the Board shall ascertain that the IOUM must be juatueJ. loan is justified on the following grounds:- -

(a.) The value of the security offered, estimated on the basis of agricultural productiveness:

(5.) The desirability of the proposed loan for any of the pur­poses described in the last preceding section:

(c.) .In the case of an individual borrower, the ability of the applicant to make a fair profit from the farming of his land when improved as proposed by means of the loan applied for, and after having paid interest and amortization charges or other payments as required under the mortgage:

(d.) In the case of an association, that the association is solvent and has adequate earning powers, ai.d that its records, methods, investments, and management are satisfactory to the Board:

(e.) That the granting of the propo>ed loan for the specified purpose in the opinion of the Board will be of economic benefit to the borrower.

Manner of applying 2 1 . All applicants for loans sli.il! observe the provisions follow for loan. .

mg:— (a.) No loan shall be considered except upon the written appli

cation of the borrower • (&.) The application shall be in the pre-crihed form, and shall

set forth distinctly and definitely the purpose for which the loan is required and a statement of the title under which the land is held

\c.) Each application shall be accompanied 1>\ Use prescribed fees:

id.) The applicant for a loan .shall furnish such additional details, references, and information as the Board may ,v any time require

Appraisal £ 3 . No loan shall be nude except upon appraisal and upon the recommendation of a» least one Director ot the Board and the approval of the Chairman.

Amount of loan 2 3 . Xo loan shall be gcauted under this Act for a sum of less than two hundred and fifty dollars or for a greater amount than ten thou sand dollars to any one borrower.

Maximum limit 24. Xo loan shall be gran toil for any amount exceeding sixty per cent, of the appraised value of ,he land otlered as security for the loan, calculated on the basis of value at the time of appraisal.

Applicant* failing to 25 . Ill any case when the granting of a loan has lieen approved, and the applicant fails within three months after notification to him of such approval to execute any documents that may be required in

162

1M LAND SETTLEMENT AND DEVELOPMENT. CHAP. 3 4

order to complete the security of the Joan to the satisfaction of the Board, and to file the same with the Board, together with ihe title deeds (or certificates, as the case may be; of the property, the Board may withdraw its approval of the loan.

36. No loan shall be made to any member of the Board or to any Persons to whom member of the staff of the Board. granted.

27. (1.) Every mortgage under this Act shall be given to the General pro,i „ -• - i . • , . i . i T i . i - «Ion* respecting

Board, its successors and assigns, and shall be made and taken m mortgages the prescribed form, and shall be registered under the provisions of the " Land Registry Act ": except in the case of land held by record of pre-emption or by certificate of purchase, in which case the mort gage shall be filed in (he Department of Lands of the Province and shall constitute a first charge on the lands so mortgaged.

(2.) Every mortgage shall contain a pergonal covenant on the part Persona! coien.-mt of the borrower for the repayment of the loan in accordance with the terms of the mortgage.

(?,.) The borrower shall, prior to obtaining the loan, if required li\ insurance the Board, insure, and at all times during the continuance of the mortgage keep injured, against loss or damage by fire all building* or other property of an insurable nature for the time being forming part of the security in the mortgage, in such amount a« the Board may require, up to flic full extent of the insurable ^alue thereof, in some good insurance company approved by the Board, and with loss pauible to the Board, and shall deliver to the Board all policies of ijsurance and all renewal receipts in lespeet thereof

38. The rate of interest charged on loans made under this Act into of mt ie=t shall be determined from time to time, and in the case of each res pec tive loan shall be the rate for the time being prescribed, and the basis for fixing the rate shall as nearlv a* practicable be the adoption of a rate which shall exceed by not more than one and one half of one per cent, per annum the rate actually paid by the Government of British Columbia on the net amount realized from the sale of securities by whuh the current finuN appropriated for the purposes of the Board have been raised.

5J{). Every mortgage taken In the Board shall be in .security of Term of loans either a longdated loan or a short dated loan, as respectively pro vided hereinafter.

30. (1.) A longdated loan shall be repaid to the Board, with u>i>K<i.itr<i loam interest us fixed in the mortgage, within a period to be fixed by flu» Board, at either twenty-five years, twenty years, or fifteen years, until the whole loan with interest thereon has been repaid.

(2.) With respect to such repayments the following provisions rrovision» n* shall apply, that is to s a y : - t0 r i" f l»" 1 ' n t

KJ3

CHAP. 8 4 LAND SETTLEMENT AND DEVELOPMENT. 7&8Gco.5

(a.) To the rate of interest shall be added in t ie case of each long-dated loan a charge sufficient to amortize the loan bj the time of its maturity; and

(5.) The combined charge for interest and amortization shall be payable half-yearly, all instalments (except the last) being equal.

Sbort-datcd loans

Terms to be fixed bj Board.

Provisions applicable.

3 1 . (1.) A short-dated loan shall not exceed in amount five thou­sand dollars to an individual or ten thousand dollars to aa association, and shall be for a period to be determined in each case in the discretion of the Board, not less than three years and not to exceed ten years: Provided always that even- short-dated loan to an association exceeding in amount five thousand dollars shall be subject to approval by Order in Council.

(2.) Loans granted under the provisions of subsection (1) of this section need not be amortizable. but may be made on such terms and conditions as the Board deems fit.

(3.) With exception of the provisions in subsection (2) of section 30 relating to amortization, all the provisions of this Act applying to mortgage loans shall extend and apply to any loan granted under ihe provisions of this section.

Additional loana 32. For the purpose <>f adding to a loan already made, the follow­ing provisions shall apply in the case of even loan made by the Hoard, that is to «.ay:—

ta.i At any time and from time to time Hie mortgagor may apply for an additional loan of any sum that with the prin­cipal sum owing under the mortgage will not exceed sixty per cent, of the apprais»ed value of the property when the additional load is applied for-

(o. i If the application fur such additional loan is granted in whole or iu part, the amount granted shall be secured bv memorandum of additional loan, which shall be executed by the mortgagor in form prescribed:

ii',i On and after the execution of the memorandum of addi­tional loan the original mortgage «.lull operate and apply to the aggregate amount of the original and additional loan in the sam^ manner in all respect* and with the same priorities of security and otherwise as if the mortgage had been originally granted in respect of the additional loan, as well as of the original loan:

{d.\ The memorandum of additional loan shall be registered in nianner provided for the registration of a mortgage•

(c.) In no case shall nn additional loan be granted unless all instalments on the original loan have been paid up to the commencement of the term of the new loan.

164

LAND SETTLEMENT AND DEVELOPMENT. CHAP. 8 4

33. (1.) Irreapecti 'e of the prescribed payments, any mortgagor Mortgagor may may from time to time on any interest date pay to the Board one or £?££i*bl£ld¥' more of the instalments accruing at a subsequent due date in reduc­tion of his mortgage debt.

(2.) All moneys paid in advance by a mortgagor shall be applied Application of by the Board in satisfaction of the future instalments in the order ad°°Mcepa,d ln

of their due date, and the instalments unsatisfied shall, as to both principal and interest, be deemed to be due and payable at half-yearly intervals computed from the due date of the instalment next preceding the instalment that is first satisfied, and there shall be no break in the continuity of the payments to be made by the mortgagor.

id HJ

34. If at any time any sum of money, whether principal or Powers or Board in T . . , , , *, ., -n •, , , case of mortgagor's

interest, due in respect of any loan made by the Board under the default provisions of this Act on the security of a mortgage be unpaid, or if in the opinion of the Board any such loan, or portion of such loan, has not been applied for the purpose for which it was made, or if the loan be not applied within such time as the Board may consider reasonable for the purpose for which it has been made, or if any default is made in the observance of any covenant in any mortgage, the Board may in any and all such cases as aforesaid, o.« month after demand by registered letter has been made for repayment of the loan, and after one month's notice in writing so mailed to every person appearing as the registered holder of any other claim or encumbrance on the land, and without recourse to a Court of law-enter upon, seize, and lake possession of the whole or any part of the security for the loan : and the Board may dispose thereof as it sees fit at public auction or public tender, upon such terms and conditions as it deems under all the circumstances to be just, and the Board may transfer such land or other security to any purchaser it sees fit, and give a good and valid title thereto, notwithstanding any encumbrance which may have been placed thereon in favour of any other person.

;&.

35. The Board shall apply the proceeds derived from such sale in r>Nr>n*ii of pr0

payment, in the first instance, of all moneys due to the Board in c o , ' s £l0m sale

respect of such loan, and in redemption of any amount charged • thereon in favour of the Board, or so much thereof as remains unpaid, and in payment of all expenses incurred by the Board in relation to such sale, and shall pay the balance (if any) to the persons entitled to receive the same.

36. If the Board is unable to resell any property which it has n0ard UIBT takpn over on account of unsatisfied loan at a price sufficient to rc uco pr ro

repay the moneys due in connection with such loan, theu it shall be lawful for the Board, with the consent of the Lieutenant-Governor in Council, to reduce the ninount of the price so as to effect a sale.

Hi."

CHAP. 8 4 LAND SETTLEMENT AND DEVELOPMENT, 7 & 8 G E O . 5

3 7 . IH the event of default being made in payment of any moneyg due under any mortgage, or for any of the causes under which the Board may exercise power of sale as set out in section 34 of this Act, the Board may, in addition to the exercise of all other rights and remedies, and without notice, appoint a receiver of the mortgaged premises, with full power to enter into and upon and take possession of and to manage and realize upon the mortgaged premises, and to exercise all such further or other powers as may from time to time be prescribed.

Commission roav 3 8 . (1.) When default is made in payment of any instalment due lease lands acquired , . , . , . - , . , ', . .

under this Act, or in the observance of any covenant in any mort­gage, or for an}' of the causes under which the Board may exercise power of sale as set out in section 34 of this Act, the Board, if it sees fit, may, in lieu of exercising the power of .«ale conferred by the mortgage, lease the mortgaged land for any term not exceeding ten years.

Form of lease (2.) Every such lease shall be in the prescribed form, and shall contain covenants to pay such rent and to observe such terms and conditions, as may be agreed upon.

Application of rents. (3.) The rent and profits from time to time derived from any such lease shall be applied as follows-—

(aA In the payment ot the costs aud expense* and all outgoings whatsoever from time 10 time incurred in connection with the lease:

lb.) In payment of the instalments and other payments (if any) due under the mortgage; and

(c.) The balance (if an\ i shall be paid to the mortgagor.

LORDS on land held 39. (1.) Notwithstanding am thing to the contrary in the •' Land Act,'' it shall be lawful for a pre emptor or a purchaser of Crown land under thedeferred-pajmenr system to mortgage his preemption or his purchase land under the provisions of this Act for development purposes at any time after the issue of the record of preemption or certificate of purchase, and a loan may be made by the Board on the

t *«curity of any such pre-empti'tn or purchase land: Provided that in calculating the amount of any such loan the value of the land offered as security shall be deemed to consist only of the amounts actually paid bv the pre emptor or purchaser to the Crown in respect thereof and the value of the improvements made by him thereon, and that it shall be proved to the satisfaction of the Board that such record or certificate is in good standing with respect to settlement duties and all other conditions prescribed by the •' Land Act."

Crown grant not (2.1 When an advance has been made upon the security of a mort-BonrtunMtusc(i gnSe ° ' a holding the grant whereof may under the provisions of the

" Land Act" be acquired from the Crown, the deed of grant in respect thereof shall not b( delivered to the mortgagor by the

lGf,

Kecdrar may be appointed by Board

1917 LAND SETTLEMENT AND DEVELOPMENT. CHAP. 34

Department of Lands while such mortgage is in existence unless and until a mortgage of the freehold has been executed containing such covenants and provisions as are prescribed to secure payment of the amount of the loan, together with all interest and charges then unpaid.

13.) In the event of any holder of a pre-emption or purchaser of crown grant to land unfler the '• Land Act" as aforesaid having mortgaged such sagor forfeits ws holding to the Board under the provisions of this section, and having ° mB' abandoned or surrendered his holding to the Crown, or having for­feited his rights to such holding by decision of the Lands Depart­ment ou account of nou-fulfihnent of settlement duties, or failure to comply with other obligations or conditions assumed by such holder under the said Act. then the Department of Lands shall, upon the request of the Hoard, notwithstanding am thing to the contrary in the " Land Act.'' issue a Crown grant of such lands in favour of the Board and consent to forego the fulfilment of all settlement duties, obligations, and conditions.

(4.) If the mortgagor of any pre-emption or purchase land fail- oo»n grant to to make payment of principal or interest as prescribed, or fails to Ba

08or mak™ default fulfil any condition or covenant contained in or implied under the m parm<>n

mortgage in resjiect of a loan made under this Act, the Department of Lands shall, upon the request of the Hoard, notwithstanding any thing to the contrary in the " Land Act," issue a Crown grant of such land in favour of the Hoard and consent to forego fulfilment of the settlement duties, obligation'», and conditions assumed by such mortgagor.

(5.1 The Hoard may grant, demise, and transfer such lands by sale or lease, upon such conditions as it sees fit, to any person upon the payment of Ihe amount of the loan, uith interest due, and all other charges incurred on the security of said land, and the Hoard may, if it sees fit. accept a mortgage from the purchaser in any amount not exceeding fifty per cent, of the appraised value. Such sale or lease shall be by public auction or by public tender.

Disposition of lands In II.I.IKI

mi

• £5' KVi* rSS

: ill I

FJSI

40. All provisions in this Act relating to mortgage loans shall be vppiicntion of • • • , , , ^ , * i »i • \ f i r l<" )n provisions deemed to apply to loans granted on the security of mortgage of o'her lands than freeholds in fee simple, unless so far as inconsistent •with the special provisions of section 30.

Land Dcrclopmint and Land Sctthmcnt.

4 1 . For the purposes of this Act, the Lieutenant-Governor in niibation of Council may from time to time select and grant to the Hoard Crown lands within the Province suitable for agricultural purposes.

43. The Board shall have power, with the sanction of the Lteuten- Power» of Hoard »» . . . . . j to laud development.

nut-Governor m Council, from time to time:— 1(17

CHAP. 3 4 LAND SETTLEMENT AND Dsra-orMBNT. 7 & 8 G E O . 5

(a.) To take over from the Crown and to purcha.«s from or obtain by exchange with private owners lands within the Province for agricultural purposes:

(o.) To survey, resurvey. subdivide, clear, fence, dyke, drain, irrigate, plant, cultivate, and otherwise improve, develop, and use any lands so acquired:

(c.) To erect suitable buildings on such lands: (d.) To farm rueh lands when necessary or desirable, arid gener­

ally to do all things necessary or incidental to such farm­ing:

(e.) To build and maintain roads and bridges for the improve­ment of such lands:

(/.) To sell, lease, or exchange the said lands upon such terms as may be agreed upon:

(jr.) To buy, sell, or exchange all kinds of live stock and every kind of merchandise w hich may be of use or benefit to the Board in any of its undertakings:

(h.) To enter into an agreement with any person obtaining a loan under the provisions of this Act whereby the Board may undertake to make and execute the improvements <m the land for «hich such loan was made:

(i.) To manufacture explosives for use in an\ of the undertak ings of the Board, or for sale for the purposes of clearing land lor agricultural purposes, or for the construction of public works.

43 . In addition to a!1 other powers conferred by this Act, the Board shall be possessed of all the powers of and be entitled to art as a Board of Commissioners appointed under the provisions of the "Drainage, Dyking, and Irrigation Act. l!)i:>." and shall also have the powers of and be entitled to act as a public irrigation corporation under the " Water Act, 11)14."

Powers ns to method 44. Notwithstanding the provisions of anv Statute, the Board of sunej and sub- . . . „ , , , ' dirtsion of lands. may, with the consent of the Lieutenant Governor m Council, survey,

resurvey, subdivide, and lay out any lands acquired or held by the Board under this Act, and auy lands forming part of any street», lanes, or public highways lung within the bounds of such lands, in any manner which may be deemed most advisable for the purpose of developing and set I ling such lands, and the Lieutenant-Governor in Council may by general or special order or by regulations pre­scribe suitable provisions for giving effect to this section, and for the registration of an\ plan to which consent has been or may be given.

45 . (1.) Every returned soldier, irrespective of rauk, who pur­chases land from the Board shall lie entitled to an abatement on the purchase price thereof to the amount of Ave hundred dollars: Pro

Additional powers of Board

Rule» to returned soldier»

1917 LAND SETTLEMENT AND DEVELOPMENT. CHAP. 34

vided that such abatement shall apply only to the first purchase of land from the Board by the returned soldier, and that no title to such land shall pass to or be acquired by the returned soldier until he has fulfilled all prescribed requirements in respect of such land.

(2.) For the purposes of this section, "returned soldier'' shall Meaning of term _,_ , . . . , . . . , , . , ,-. "n-turni 'd soldier

mean any person who, having theretofore resided in the Province, has at any time during the present War served overseas or who may at any time during the present War serve overseas as a sailor, soldier, chaplain, surgeon, or nurse, or in any other capacity in the Naval or Military Forces of Canada, or in any other of His Majesty's Naval or Military Forces, and who, having been honourably discharged from the service, returns to this Province: Provided that the widow of any person who has died in service, and who but for such death might have come within the above designation of a returned soldier, shall be entitled to all the rights of a returned soldier by this section provided.

Provisions >aspectmq functions of the Afjiicultiual Credit Commission.

46. (l.i All powers-, authorities, and functions which under Part Board to perform 1. of the " Agricultural Act, 1913," are at the commencement of this Agricultural credit

, , . , , . . . , . , . , , , , . , , . . Commission

Act vested in or exercisable by the Agricultural Credit Commission, either by itself or with the approval or consent of the Lieutenant Governor in Council, or by its Superintendent, or by any of its Directors, or by any Department of Appraisal and Valuation under his or their control and direction, shall, a t far as the same continue in existence and capable of being exorcised after the foinniencement of this Act in relation to Ihe carrying out of the provisions of said Part 1. of siiil Act, and in relation to the iarvy ing-ont of the prn\ i sions of the primary deed of trnr>t, ,Ia!°<' the first day of May. l'JKi. made under said Act to secure payment of the principal and interest of certain guaranteed debentures issued thereunder, be vested in and exercisable by the Hoard either by itself or with the approval ov

consent of the Lieutenant Governor in Council, as the case require-., subject, nevertheless, to the provision that it shall not be lawful for the Hoard to issue any additional debentures under the provisions of said Part I. or to execute any deed thereunder supplementary to said primary deed of trust.

12.) in applying the provisions of Part I. of said ••Agricultural substitution Act, 1915," for the purposes of this section, they shall be applied with the substitution of the Hoard for the Commission, and of the Chairman of the Board for the Superintendent of the Commission.

(!L) This Act shall be sufficient authority to any bank, corpora- Authority for tion, or person to transfer and pay to the Board all moneys, credits, assets, and property whatsoever standing in the name of or belong iug or payable to the said Agricultural Credit Commission.

lti!)

of tortus

transfer of aanot*

CHAP. 8 4 LAND SETTLEMENT AND DEVELOPMENT. 7 & 8 G E O . 5

Registration of title. (4.) The Board may grant, convey, transfer, assign, enforce, release, and otherwise deal with any lands or interest in lands, deeds, mortgagee, securities, indentures, and agreements, and any other property of any description, as at the commencement of this Acl standing in the name of or vested in the said Agricultural Credit Commission, in the same manner and to the same extent as the said Commission, without becoming registered as the owner thereof, and without reciting any transmission or assignment of title from the said Agricultural Credit Commission to the Board.

(0.) All moneys, property, and securities roming into the posses­sion or control of the Board under this section shall be administered under the provisions of Part I. of the said '• Agricultural Act, 1J)1.V and shall be accounted for and kept separate from all other moneys, property, or securities of the B^'-d. and shall be treated as belong­ing exclusively to the interests and purposes set out in said Part I.

Property and accounts to be kept separate.

Regulations.

Regulations 47. For >he purpose of earning into effect the provisions of this Act according to their true intent or supplying any deficiency therein, the Lieutenant-Governor in Council may make such regula­tions not inconsistent with the spirit of this Att as may be deemed necessary, advisable, or convenient, which shall lia\e the same force and effect as if incorporated herein.

Vcei prfFcrilxd lij regulation*.

I-Ye"* paT.iMo In advnme

Feci.

48. il . i There shall be payable in respect of all loans, sales, and transfers under this- Ait Mich fees, costs, and ibarges as may be for the time being prescribed by the regulation--.

<L\ i In the case of applications for loans under the provisions of this Act. and in all other cases where it is so prescribed, all fees cost1*, and charges payable to the Board shall be paid in advamc.

KstPBfclon of Act to Jjomfnlon innds

Mii!(clIa)Hotis Pmr'miun».

49. In the event of satisfactory arrangement1» being made between the Dominion Government and the Government of British Columbia, the Lieutenant-Governor in Council may extend the operation of this Act to apply to lands within the Province the title to which is vested in the Crown in the right of the Dominion.

Oflhin i authorized to tal c (Uclai.itlons

50. All declarations authorized to be made under the provisions of this Act shall be subscribed by the person making the same, and shall be made before a Notary Public. .Justice of the Peace, or any other person duly authorized to take declaration», or before the Chairman or any other member or other official of the Board author­ized by order of the Lieu t en aut-Govern or in Council, all of whom are hereby authorized and empowered to take and receive the same.

170

1917 LAND SETTLEMENT AND DEVELOPMENT. CHAP. 3 4

5 1 . Every person who obtains a loan under the provisions of this penalty for mi». Act and who applies such loan or any part thereof to purposes other foPanropra

than those set forth in the application for the loan, without first having obtained the written consent of the Board, shall be liable, upon, summary conviction, to a penally not exceeding one hundred dollars, or to imprisonment for a term not exceeding six months.

52. An annual report and statement of accounts made up to the Annual report t-Icii-e of each calendar year shall be prepared b;\ the Board and trans­mitted to the Lieutenant-Governor in Council, and each annual report shall he laid before the Legislative Assembh if then in session, and if the A«-embly i>» not in session, then not later than ten 0a}< after the cominencemeir of the next ensuing SC-MOII.

Cvmiiumcmint of Ait.

."53. Tin1» Act '•hall come into operation on ,> <la\ to be named b\ cuimnrncnmiit the Lieutenant (!o\einor 1M hK 1'iof Initiation.

I'm ml I j Bir Mi IOIII \ II t

A\I 11 l i I I \ I'n '* * t( l i t I\ 1M7

> ! . . . • > i »

171