the said person, or has been posted in a conspicuous place on the land; and that entry shall not be allowed for more than a quarter-section as a homestead.

after survey.

2. The occupation of land after the survey thereof, without Trespassers entry as provided by this Act, gives to the occupant no right thereto, and the occupant may be ejected as a trespasser, and his improvements forfeited to the Crown.

11. Application for entry for a homestead shall be made in Application the form A, at the land office of the district in which the land for entry. is situate, between the hours of nine in the forenoon and five in the afternoon, on every day excepting Sundays and statutory holidays, or between such hours as are, from time to time, fixed by the Governor in Council, and shall be supported by affidavit in such one of the forms B or C as the circumstances of the case require; and a fee of ten dollars shall be payable with the application; and the local agent or officer acting for him shall deal with the application in the order of its receipt.

constitutes

2. When application is so made for land then open to home- What stead entry, the local agent or officer acting for him shall accept entry. it upon payment of the said fee and shall give the receipt hereinafter provided for; and the acceptance by the local agent, or the officer acting for him, of the said application and of the fee shall constitute entry, and the receipt given to the applicant in the form D shall be a certificate of entry and shall entitle the recipient to take, occupy, use and cultivate the land entered for, and to hold possession thereof to the exclusion of any other person, and to bring and maintain actions for trespass committed on the said land; and the land shall not be liable to be taken in execution before the issue of letters patent therefor: Provided that occupancy, use and possession of land entered for as a homestead, shall be subject to the provisions of this Act or of any other Act affecting it, or of any regulations made thereunder.

3. Application may also be made in the same form to a sub- Application agent in a district in which the land is situate, who shall give to sub-agent. an interim receipt in the form F, and shall forthwith forward the application and the fee to the local agent; but this application shall have no force or effect until it is accepted by the local agent or the officer acting for him, who shall deal with it in the order of its receipt and as if it were made direct; and his acceptance thereof shall, as aforesaid, constitute entry, and his receipt in the form E shall be, as aforesaid, the certificate of entry and shall convey the same rights as if the application were made direct:

Provided that, at the request and expense of the applicant, the sub-agent shall by telegraph advise the local agent or the officer acting for him of the receipt of his application; and on receiving the advice the local agent or the officer acting for him shall, if the applicant has provided for its being done at his

Personal application.

Improvements prior to entry.

Homestead

for sole use of entrant.

Abstract

from records

of fee.

expense, acknowledge the advice by telegraph, and shall hold for the applicant the land applied for during a period of time sufficient to admit of the receiving of the application, and the application, if received within that period, shall be regarded as received at the time of the receipt of the advice by the local agent:

Provided further that, if a sub-agent has received an application for homestead entry for a quarter-section he shall not accept another application for the same quarter-section from any other person until the first application has been dealt with by the agent.

4. Every application for entry shall be made by the applicant in person, unless otherwise provided by regulations made by the Governor in Council.

5. A person making entry for a homestead, a pre-emption, or a purchased homestead, shall declare what improvements, if any, there are upon the land for which he applies; and should he fail to make such declaration his entry shall be liable to cancellation in the discretion of the Minister.

6. An entry for a homestead, a pre-emption, or a purchased homestead shall be for the sole use and benefit of the entrant, and neither directly nor indirectly for the use or benefit of any other person or persons whomsoever, and the violation of this provision shall render the entry liable to cancellation in the discretion of the Minister.

7. The local agent or the officer acting for him shall furnish. on payment over his signature to any person who applies therefor and pays him a fee of twenty-five cents, an abstract from his records showing whether the quarter-section mentioned or referred to in an application is available for entry or not; if the land applied for is not available, the name of the entrant and the date on which he obtained entry shall be shown on the abstract, as well as, where the records show any transactions calling therefor, the date on which cancellation notice to the entrant in default is returnable, or the date on which the period of protection will expire, as the case may be.

Second homestead.

Disputes between

8. Except as otherwise provided in this Act, every person who has received or receives, or has become or becomes entitled to letters patent for a homestead by the performance of homestead duties, with or without payment of purchase money, or by the location of scrip thereon, shall be deemed to have exhausted his homestead right and shall not be entitled to obtain another entry for a free homestead: Provided, however, that any person who, on the second day of June, in the year one thousand eight hundred and eighty-nine, had obtained or had become entitled to letters patent for a homestead, shall be permitted to make a second entry for a homestead.

12. The Minister shall settle in such manner as he deems applicants for best all disputes which arise between persons claiming the right to entry for a homestead for the same land.

same land.

improve

2. When valuable improvements have been made on such When land by any of the parties to the dispute, the Minister, if he ments made. decides that the land may be entered for as a homestead, may order such a division thereof as shall, so far as practicable, preserve his improvements to each of the parties to the dispute; and the Minister may, in his discretion, direct that the difference between the extent of the land so allotted to each of them and a quarter-section shall be made up from available land.

entry.

13. Every entrant for a homestead shall be allowed six Time for months from its date within which to perfect the entry, by perfecting taking, in his own person, possession of the land and beginning residence thereon; and, if the entry is not so perfected within that period, it shall be liable to cancellation:

Provided that, on satisfactory cause being shown for an entrant failing to perfect his entry within six months from the date thereof, the Minister may order that the entry shall be protected from cancellation for a further period of six months; but no entry which is not perfected within twelve months from the date thereof shall be protected from cancellation for any further period.

of duties.

2. The Minister may, if he deems it necessary, require the Proof as to holder of a homestead entry to furnish proof, by declaration or performance otherwise, that he is duly performing his homestead duties in each year subsequent to the date of his entry.

entry.

3. A homesteader may, by permission of the Minister, aban- Abandondon his entry and obtain authority to make another entry upon ment of executing the prescribed declaration. If no cancellation proceedings are pending, the homesteader may abandon his homestead in favour of a father, mother, son, daughter, brother or sister, if eligible, subject to the Minister's approval.

14. Scrip may be located on land only at the land agency Location of for the district within which the land to be located is situated; scrip. and no application for location of scrip shall be accepted by a sub-agent.

Cancellation of Entry.

of entry for

requirements.

15. If an entry for a homestead is granted through error, Cancellation misrepresentation or fraud, the Minister may cancel the entry. 2. If an entrant for a homestead fails in any year to fulfil the ment of requirements of this Act in respect to homesteads, or the requirements of the laws in force in respect thereto when the entry was obtained, the Minister may cancel the entry and all rights of the entrant in virtue thereof shall thereupon cease and determine: Provided that any subsequent entrant for the same land may be required by the Minister to pay in cash reasonable compensation for the improvements, if any, of Compensa the person whose entry is cancelled; and that the Minister improve

tion for

Cancellation

for

personation.

Proviso as to timber.

Compensation for im

may, in his discretion, pay to the latter the amount of such compensation, in whole or in part.

3. If the Minister is satisfied that an entry for a homestead has been obtained through personation he shall cancel the entry, and the person so obtaining entry shall not be eligible to obtain another entry, unless the Minister declares otherwise.

4. If entry is obtained for land which, though not reserved at the time, is ascertained to be valuable on account of merchantable timber upon it, the Minister may, within six months of its date, cancel the entry.

5. No entry shall be cancelled until the entrant has been provements. compensated for any improvements made by him upon the

As to water supply and power, landing.

land.

6. If, after entry is obtained, it is ascertained that the land entered for or any portion thereof is necessary for the protection harbours and of any water supply or for the location or construction of any works necessary to the development of any water power, or for the purposes of any harbour or landing, the Minister may, at any time before the issue of letters patent, cancel the entry or withdraw from its application any part or portion of the land entered for, but, where the land is required for the location or construction of works necessary to the development of any water power, only in so far as the land is necessary for that purpose.

Compensation.

Fixing amount of compensation.

Selling before patent is issued.

Require

ments as to residence, cultivation,

etc.

7. In the case of an entry cancelled under subsection 4 of this section no compensation shall be made to the entrant for the value to the said person of the timber on the homestead.

8. In the event of the failure of the entrant to agree to accept the amount allowed by the Minister as compensation, the amount shall be fixed by arbitration in the manner hereinafter provided.

9. Every one is guilty of an indictable offence and liable to two years' imprisonment who buys, trades or sells, or professes to buy, trade or sell land, or any interest in or control of land, open to homestead entry, or for which homestead entry has been granted, before patent therefor has been issued.

Homestead Letters Patent.

16. Every entrant for a homestead shall, except as hereinafter otherwise provided, be required, before the issue of letters patent therefor, (a) to have held the homestead for his own exclusive use and benefit for three years from the date of entry, (b) to have resided thereon at least six months in each of three years from the date of entry, or the date of commencement of residence, (c) to have erected a habitable house thereon, (d) to have cultivated such an area of land in each year upon the homestead as is satisfactory to the Minister, and (e) to be a British subject.

17. The period fixed by this Act for the performance of the Settler obtaining requirements prescribed for obtaining letters patent for a home- entry before stead shall, in the case of an entrant for a homestead on lands survey. occupied by him before survey thereof, be reckoned from the date upon which he entered into occupation of the land.

Residence

18. Permanent residence by an entrant upon a farm of an in vicinity. area of at least eighty acres, situate within a distance of nine miles from his homestead, in a direct line, exclusive of the width of road allowances crossed in the measurement, and owned solely and occupied by him, or permanent residence on a farm of that area and so situate, owned solely and occupied by his father, mother, son, daughter, brother or sister, and, in the event of the death of such owner or occupant, continued permanent residence on such farm shall be accepted as residence upon the homestead.

19. In the event of the death of an entrant for a homestead Issue of patent after before the completion of the requirements for the obtaining of death of letters patent therefor, his legal representative shall only be applicant. required to fulfil the conditions set forth in section 16 of this Act as to the erection of a habitable house and as to cultivation in order to entitle him to obtain letters patent, after the expiration of three years from the date of the entry for the homestead; or the legal representative may assign the homestead to a person eligible to obtain a homestead entry; and the assignee shall, after (a) the expiration of three years from the date of entry for the homestead, (b) holding the homestead for his own exclusive use and benefit from the date of the assignment, and (c) completing the residence and cultivation requirements, as set forth in section 16 of this Act, in the same manner as the person who made the entry would have been required to complete them thereunder, be entitled to letters patent for the homestead.

patent if

insane.

20. In the event of any person who obtained entry for a Issue of homestead becoming insane or mentally incapable, and, by applicant reason of such insanity or mental incapacity, unable to complete becomes the requirements necessary for the obtaining of letters patent. therefor, the guardian or committee of the said person, or any person who, in the event of his death, would be entitled as his legal representative to do so, shall only be required to fulfil the

conditions set forth in section 16 of this Act as to the erection of a habitable house and as to cultivation before the issue of letters patent: Provided that the letters patent shall not issue until the expiration of three years from the date of entry. 2. If it is shown to the satisfaction of the Governor in Council Physical disability. that an entrant has become, through physical disability, unable to comply with the residence requirements under this Act, such residence requirements may be dispensed with by order of the Governor in Council.