,iV*< -jr^ . 1. . . V IMAGE EVALUATION TEST TARGET (MT-3) * i V m /> ,^ ^ Ma %' i. I . % ^ -^y ■ ^ 1- 1.0 130 ""^^ mi 2.5 2,2 I.I 2,0 lal^^jf t * P^ '-^ VA -•_ .^ -^ ■ 6" : ' ► Sciences Corporation 33 WIST MAIN STRUT WIISTU.N V USM (716) 173-4503 gg^ ■■SaiB^BtaaiteiiBitt C/j '/, t CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microraproductions historiquas n d Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are fHmed beginning in tf^e upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: 1 2 3 / ' ■ % Les cartes, planches, tableaux, etc., peuvent Atre fllmte A dee taux de reduction diffirents. Lorsq/Lie le document est trop grand pour itre reproduit en un seul ciich*. il est film* A partir de Tangle sup^rieur gauche, de gauche A droite, et de haut en bas. en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent le m^thode. «■» A •* Q 3ax 6 •,,N. / ::r't'^t': ikjik^Bij^j f^AjKl ivitrfff •^:r'; :0» -K^it- LANDS T^4.^^ '-^^ .*f y 1W< ^ - I' LAWS Re«E % «m» of PuUle Lands. W«a4. > famt,. -*^t^ J ■*> ^s. •^.■• t> "-n. i^» *^'' /<( . Oe P« |f lg«l*«(?» * rK'' ^ ;».»* 'mentty '^■ U : ! '*f ^- K'V »«>i-y,^, .,t r- "l\ ^t**. ?\ ^--i. -VJ , ,v '^--^ ^^c.: -r. \. o. 'K- TABLE OF CONTENTS. ' REVISED S'^ATUTES ■ ■ ' .- . ■ - /■■ : TROVINGE Oi/ QUEBEC • ' / \ TITLE IV. PUBLIC DEPARTMENT CHAP. VL -'Department of Crown Lands and matters CONNECTED THEICEWITH '•••••• 1286 PART FIRST. DEPARTMENT OF CROWN LANDS. ABTICLU. gjjo. I.— The Commissioner and his.functions ■.. 1286 SSa ' II.— Assistant oommissioner and others officers 1242 § 1. Their appointment..... • ^^*2 2. Powers and duties of assistant commisBioner 1244 Smo. ► in.-»-Agencie8 and agents • 124" § 1. Agencies ^^** . • -8r Ag » ati y ^^^^ * / . "A.' «¥ •".W: 1 If II Sec. TABLE OF CONTENTS . PAET SECOND. M4JTEBS CONNECTED WITH THE DEPARTMENT. Sec. 4. 5. 6. IV^— Public lands, Je8i;iits' estates and other pToperty.. 1250 f 1. i Declftiatory and interpretative 1^5,0 J^ G-eneral provisions 1251 , 3. Free grants of publicf lands •• ^126^2 3a. Free grants to fathers and mothers of twelve children!.... V- ^^e^a Sales and licenses of occupation and assignment thereof...... !.}t....... 1268 Sale of sugaries .' ; 1282 Forfeiture of claims and enforcement of forfeiture. 1283 1. Jesuits' estates and other property 1297 8. Letters-patent for public lands and the registra- • tion thereof ,. 1298 I. Registration of letters-patent 1298 II. Letters-patent issued in error 1299 Leasing of the Peninsula of Manicougan ' 1307 Woods and forests on public. lands 1309 § 1. Cutting of timber 1309 I. Licejises to cut timber 1309 II. Obligations of parties obtaining licenses. ... 1815 III. Penalty on persons cutting timber without license .' 1^22 IV. Resisting seizure— Removing timber seized —Condemnation of such timber 1326 V. Sale of timber limits 1334 " VI. Powers and djitiesofholders of timber limits 1337 2. Timber dues and imputation thereof. 1842 3. Protectection of forests against fire 1344 I. Provisions applicable to the whole Province 1344 II. Provisions applicable to the northeastern portion of the Province 1353 Iia. Fire ITistricts 1363o tH.— Mi6eellaneom^^.-.».««»-.....— ....^1854. 9. V.- 1. Sec Sec, AS',, 1250 1^5.0 1251 1262 1268 1282 1283 1297 wf(^vi^^ f^j',^$^A 'j!»"^'^f~l.'-^ifmj^. TABLE OF CONTENTS III Sec. 4. Forest trees and the planting an4 cultivation thereof 1359 Va.— Culling and measurement of timber c it upon Cn^wn lands .„ j^gg^ § L Beclariatory arid interpretative ;. 1368a .2. Board of examiners for cullers,...; 4, .,..,, 1368c 8. Licenses to cuUers and their duties.. 1368A Sec. VI.- Escheats and property confiscated to the Crown.. 1369 1[ »f -f .. 18&4 .1. •*( a^ N 4 ' . * 1 ■ :•■•■•■■,.,. • .-.-it. ■■.-'"■-,' ■. .. i;. „..»;■., ■ ■ . ^i^^i^(if^k£^ki^Ji^ * ^Miii^ p^ffr^f^ ^^TT-tJ^'-' *^iCW^^*\ \ f W y_. \. '. . M •» I' V ■ > . ( ' REVISED STATUTES OF THE PROVINCE OF QUEBEC. I >■" TITLE lY. CHAPTER SIXTH. DBPARTMKNT OF CROWN LANDS AND MATTERS CONNECTED THEREWITH. * ^ ■ - J; -PART FIRST. THE DEPARTMENT OF CROWN LANDS. s t, SECTION I. THE COMWISSlONEft AND HIS FUNfcTIONS. 1936. The Commissioner of Crown Lands, validly de- Administm- signated in this chapter under the name of Commissioner, ''°° "'^ ^""^ miesinner. has the adtniuistration and direction of the Department of Crown Lands. B. N. A. Act, lajWj^: 63, 92, 134 and 135 ; 32 v.^ c. 11, 8. 1. Ifr 1937. 'His functions, powers and duties are the fol- Powers, lowinsr ; duties and ~ fUDOtiODB. 1. He has, throughout the Province, the oversight, con- trol and management of everything connected with the administration and sale of the public lauds belonging to the Province, and of the timber and wood thereon. B. N. A. Act, 1867, 8. 02. 2. He has the management of escheats. 48 V., c. 10, s. 1. ^ 8. Fisheries on the ^anks of non-navigable rivers and streams, and lakes in the Province are under his routrol '^I A f ' <»» ft. _ ^'ri&M *V« >■ ;,» f ^' • ^hV ri fS »^,» cpi ^' mmmsjMf'^ "^Wlf* *-' , * ^ ^^^^^'^M'^'^ ^^^''^[^''fT^r " ^ 's *'' '4' ■ «<■ ",'--■■ . *-■■ • K ■ ♦ .. ' -X * J" ;]* "• « 1 r • 'J >»■ '*J r. Annual re- port. Lists of pab lie lahds for snie to be pui lisihed. CROWN lands' department 4. Thecarryingoutof the game -laws is also uuder his sijpervision. 47 V., c. 25. >- . " 5. The preparation ff'official plans and books of reference" is under his direction. C. C. 2166 et«eq ; 32 V- cl 25 • 88 V, c. 15 ^ 49-50 v., c. 11. ■ . ' ■ ' 6. He has control tjver everything connected with t6e administriitioir.and sale of mining lands in the Province 43-44 v., c. 12. ♦ » ' 7. He administers the property- of the Jesuits' Estates, Crown Domain, and of the Seigniory .of 'Lauzon. 36 V., c. 8, s. 5. " ., 8. Jle perfo;rms all the duties and executes »11 the powers of the Surveyor-General of the late Province of Canada, in respect of matters connected with this Province 32 V* c.,.ll, s. 8. '. • l«38. The Commissioner annuajlylays before the Legis- lature, within ten days after the beginning of each session, a report of the proceedings of the Department during the year then next preceding. 3"2 V , s. 11, «. 8. . 1339. He causes lists of the public lands for sale in the' b-se\'^ral townships in the Province to be made out from time to time, and advertised and published as he deems most advisable for ensuring- gereral information 32 V c. 11, s. 34. ' y List? of ptfblio 'Jiinds sold to bu transmit- te I yearly t6 fecrctary- treasurers .of munrci- - palities. Liability of «iioh Jaiids for taxes, Sic. Notice of funcelliition of sales, .^0., tn bo ^i^'*" to i^"('rotiiry- trwt.«iirer3' and rt'irislrars '; etfcot us to - > 'l »«1 i B i — I240. He shall transmit, as early as possible in each year, to. the secretary-treasurer of every county munici- pality, a list of the'public lands sold, granted, leased, appro- priated or set apart -to any person,, or for which licenses of occupation have been grantM in such county municipality, during the year ne?t preceding, and for w'liich no patents ■have issued. Such lands shall be liable for the assessed taxes- in the townships in which they Respectively lie, from the date of such sale, license or approjpriation ; and the purchaser, at the sale of any such lands for taxes, shall, as heretofore, have in the lands so sold the same rights onjy as the per- son entitled to claim Under the Crown at the time of such 2. He sMll, in like mfinner, apprise each such secretary- treasurer of the cjlujcellation of any license of occupation, sale, grant, lease, location or appropriation, and the reffis- Irar of.every county and rogisttation division, of the can- cellation of any p^jiteut oT, land within such pouuty and T . .^ /^-^ ^^-"^^■"^--^ ' ^i ^ ^^ ^ ,, ^ ^^^ I. ^, ^^„ ^ QFFICEBS OF THE DKPABTMENT ^ \ '" g registration -division, front whi; h time" until resold, leased; ' . or regranted, the land affected 'shall cease to be liable to ^ taxes. '32 Vr, c. IVs. 85. A?*'*'; Tie powers and duties of the department^ and Powew and ollic|!ot the Surveyor General of the late Province Qf^^tio.ofthe ' Canada^ in.so far as regards the exercise .and performanceflene^aUob. - 'I $?^^'^«^*" the Proviuce, are 'exercised arid perfornfed "''T"*'^ *""* by th-eOommissioner^or by 9ny assistant or clerks iii hisrhfS.-' department or office, or by any person whom he, bt any ''»""• >' instrument.inwriti;igundefhis hand, authorizes to that^ , ' ettect and under such name er designation of office, as ho " ' may fix, as efiectually as theys'might have been exercised " " -^ or pe^^ferm^ bpthe Surveyor Gener^K 8^V., c. IJ, s.3, {|. SECTION II. - . ASSISTANT COMMIS^ffSNfeR AND OTHER OFFICERS. " . .;* 1243 ■ \ 1. — Th^ir Appointment. The Lieutenant-Governor iii Council appoints an Appointment assistant commissioner of Crown Lands, who is validlv "'*'"'""' ^ designated in this chapter 'under the, name of assistant ZeT" ; commissioner. « • ' ^ \, . ' . 2. He^further appoints all the officers, clerks and mes- o.iierjie- seugers necessary for the proper adm^ji.stration of the T)e- P"""**™*"'*' partment. 32 V., c. 11, s. 4 ; 36 N :X 8, §. 1. \ i ' "*""'"• .l«4.1. Hemay, fpm firaelo time, appoint officers andotherofl? agents. to carry oivf .this chapter and orders in coun'cil*^"- , under it., ' ~ ^ Such officers and agents are paid in sur-^h manner and at How%d. such rates- as may be prescribed by order in council 32 V c. II, s. 4>. ■' - - ^ '2',—Poivers and Duties of Asxislant Commhsimer ''. 13 1 1. Without prejudice to the centrol of the Commis- His duties sioner, the assistant commissioner has tJiesuperiatendence""*^ P"'""- of the othef officers, cl.'rks, messengers or servants, and the general control of,all the atfaijls of the Department.; "his orders shall be" executed in th/-same way as those of the Commissioner himself, and \v\^ authority khaH-be deemid '^,'?';/^^'»!_"V^'''^^''''adof-the Department, so that he can '"i JZ'^^^^^ signature, in his said qua} ,ity, an* J 'ff -'ft \ r-^ >:J •J Revocation of powers. He shall be Bjvorn. % ■ * Oath.beforo • whom taken. Assistant CROWN I^NDS' DEPARTMENT ' give force and authority to all acts, receipts, permits of occupation, contracts or deeds df sale, location iickets, letters-patent, adjudications, revocations of sales or loca- tions, and all other documents whatsoever, which are or may be within the jurisdiction of the Department. 2. It is lawful for the Lieutenant-G-overnor in Council, frpm time to time, whenever he may deem it expedient, to ; revoke, wholly or in part, the powers of the assistant com- missioner. 8. Before entering on the duties of hisoffice. the assistant^ comrai8sio;ier sha]! take an oath faithfully to discharge the Such oath is administered by the Commissioner, or any person appointed by the Lieutenant-Governor for that pur- pose. 36 V , c. 8, s. 1. • , I34A. The Lieutenant-Governor in Council shall require,! oanmissioner from the assistant commissioner and from pvery agent and »gcii'° •" . - . _ . . ■' ^^ ^ give aeou ''his duty. 82 V., c. 11, s. 6. "*"urUy. appointed under him, security for the due performance of Durinft hit absence,'^., a suhptitutc fihall bo named. 1210. During th*" illness or ab.sencc of the assistant com- missioner, the head of the Department shall appoint another olllcer to ti^niporarily perform h\t\ duties ; and noticv of such appointment shall be given in writing to each olficer and clerk of the Department. 30 V., c. 8, s. 2. i '• 1 i SECTION III. ACKNCIKS ANll Alil'NTS. ..«^.; niTost's of this chaptiM-, the Province is divided into seventeen ageneies, designirted rehj>ei lively as lollows. viz: the CoiiloiiLi'eaireiiev, the (!nliiieaii aireiicy, the I'etite Nation aii-einv, the Maffo'-'' ageiK^-. the St. Fran- cis atrency, the Arthahiiska atrency, the Chaudiere aireiiey, the Montmagny agency, the IJrandville aijeiK y, the Ki- niouski agency, the Bdnaveniure aireiicy, the (iaM|ie aL''ency, the Sdgni'nay aucn'y, the Lake St./.Iohn agency, the St. ('harles ageticy, the St. Maurice ageiicy, and rAssonifjtion ^^Itoency ; and the Lieute'nnnt-tJoveHior in Coiuk it may, "mnn time to time, delennine or chaMge the limits of any Kuch »gen(ie» respecti\ ely, or iiicrKise or diminish the number thoreor(*). ;i2 V, <• ll.s.h and rtTj-At! V., c 18, 8. 1.; (*j ! I II um i nan, t \a iliii i is IT ct nvn tiCtVH AM llil>AgfI>«1ri. 1 9 Krl^§^^,i^ SALE, ETC., OF LANDS j § 2. — Agents. l*Jf^. Every Crown lands' agent may, if the same be-i^owerof come necessary owing to the extent "of his ajrencv or the^""^" '""'''' pressure ot hjs business, appoint a deputy to assist him in point dopaty. the performance of his duties ; but such appointment, to cdmmu'ione be valid, must be approved by the Coramissipner. r«q™'irod.°"" Every such deputy shall perform the duties of the agent, ^'"'e" of in case of the absence or sickness of that officer, and all'^''^"'^" other duties that may be assigned to him by the Commis- sionet. 45 V., c. 10, s. 1: I^'IO. The duties of agents shall comprise Ihe sale and r>«t'«« of locating of all public lauds offered forsal^, the granting of "*"""• licenses to cut timb^jr thereon or upon such lands as have been set apart for the purpose, the collection of arrears due, the settlement of conflicting claims, ^^Inspection of lands, the protection of the public domain ^tin their respective ' agencies from trespassers and depredators, and such other duties, not inconsistent with this chapter, as the Commis- sioner may, from time to time, think proper to assign them, and such duties shall be performed under the direction and in conformity with the instructions of the Commissioner. 82 v., c. 11, s. 9. PAHT SKCOND. MATTKHt: CONNKCTKl) HITIl TIIR DKI'MITMENT. i SUCTION IV. n ni.ic i.ANhs, JESUITS' kstatks and OTHKU PIIOPKHTV. § 1. — Declaratory and Interpretative. F250 The term " public huidn " shall be held to apply D«(i.u.,, tu to hinds heretofore designated or known as Crown hinds |"'" ",;"'''•'■ and (leriry hinds, whiiii artment of Crown Lands maybe taken before any judge or prothonotary, or clerk of any court, or any justice of the peace, or itny commi.ssioner for taking affidavits in any of the courts, or the (^unmis^ioner or the as(nt of the Commissioner, or any sworn land surveyor a]iiK)inted by the Commissioner to inquire into or take evidence or report in any matter submitted or pending before such (\)tnmi.s- sioner, or, if made out of the rrovinct\ bel'ore the mayor or chief magistrate of, or the British Consul in, any city, town pr other municipality. 32 V., c. 11, s. 3l!. T- .Vl'vtrM*"'' ''^•^'- "Whenever there is any gore or small tract oflaiid ii'iMj! I'y ' or island, which is not included in theoiiginal survey and pro,i,.nmtion, description of aiiv township, and iv of too limited extent to Hnn»x (Cores, ,. ' , " i«. • . i .• . i t ■ , /, .V.-., t„„,ij»- lorm a townshii) Pi' itselt, the Lu'Utenant-dovernor may, cent luwii- by l)roclamation, annex sucli gore or tract oi land to any '"'"" township, to which it is adjacent, or |)arl]y to (Uie, and l)artly to another of any two or more t(nvnsliipN to which it is adjacent, as he deems expedient ; and. from and after the day ap[)ointed in such proclamation, or from the date thereof, i! !io other day be therein a|)pointed lor the pur- pose, the tract of land thereby annexed to any township shall form part th(>reof 82 V., c. 11, s. 87. Aii.Mrdoo m.^.T I'^xt rails from a ny fcords. o oks o r muii:.'il r«- pajHTs belonufing to or deposited in the said Department, -1 >*»\vv 'T- ■T- 4 i OF LANDS attested under the signature of the Commissioner or of the o"^"- *«•. to , assistant commissioner, shall be competent evidence in all ''" "^'^*""'«- cases in which the original records, documents, books or papers could be evidence. 32 V., c.'ll, s. 38. I^J^Se. No resident agent for the sale of public lands P^o^ase, Ac, shall within his agency, directly or indirectly, unless under J^ndTJ "fo an order of the Lieutn^iant-Governor in Council, which '''» "K«""y •«> ti'.v im- cnii.M' to be informed, anv person applying to hi'm to locate'""'' "" or purchase any land vvithin-his division and agency, that "^kU k'^^u^ ^ . tilt' same has already been htcated, assitrned or purchased '"''^' '"'"^"'"^ such agent/ Hhall be liable therefor to the person ,s,i"""'*'" applying, in the sum of five dollars for each acre of lannever it shall appear to any airent that any ^i'"'" '""v" land within his alien. V or divi>i..n, at his disimsal under ;.',L:7;Ze ex^^tlng regulations to ,s.,"ll or locate r>r to put under li.cnsc ••"■••n nr should be withdrawn from thMi.sf of lands so disposable ''"'"" '"'"'•■ within his agency or division, su(h aycn't may provisionally lelusc to permit any i)er8ou applying to him, to puivhaso Agent ne- glecting to report to Commis- sioner. Hindering bidders nt CROWN lands' department any snch land, or, where entitled, to locate the same, or to put ]t under license to him. 82 V., c. 11, sr 42. , \^^n ^^^^y ^^^^ ^^•'"* ^^^^^ ^^fi*«<^ or neglect to -report to the Commissioner, within eight days thereafter his reasons for such refusal to sell, locate, or put under license asthecasemaybe any such land, such agent shall be liable therefor to the person ^o applying in the sum of five dollars tor each acre of land which.the person soapplvinn- offered and was entitled to locate 'or purchase or to have put under license to him, to be recovered by action of debt in any court of record having jurisdiction for that amount. 32 v., c. 11, s. 41. u.uuc-rsnt ,. '261. If any person or persons shall, before or at the uidVbv'lnn " 1 • . • . P''^'''' ^^^'' ''^" *"y °^" ^^^ ^^"^« «f the Province, Sio'n'-e;,]^ ;"t^'"^datio«' combination, or unfair management how puniflUed. Hinder or prevent, or attempt to hinder or prevent any person from bidding upon or purchasing any lands so ofiered for sale, every su.h offender, his, or their aiders and abettors, shall for every such offence, and, on conviction thereof,, be liable to a fine not exceeding four hundred dol- lars or imprisonment for a term not exce.-ding two years m tile discretion of the court. 32 V c 11 s 42 f , Free grants limited. § 3.— Free Grants of Public Lands. M0«. Unless as provided in this chapt.^r, no free grant of public land shall be made. 32 V., c. 11, s. H. . " t'im'.TZim ''^*'*f- ^"y ''^''''" *" I'^"(l arising under any act or undt^r ..ri in ; under any Order m couiicil, or other rt'H'nhition of any Govcrn- Z^tr'' "'":''^' '^^^'^ determined by>1he C\.mmi,s,sio„er, subj.vt to council, Ao. «»i»n arrangement and ord.'r/in respecl to iraprovemonts on any particular Hinds, as the Commissioner may think Jiist ; or the same may bo satisfied by issuing, to the party th..reto.enlilled, land-scrip redeemable in (Vown lands to such an amount as the Commissioner may find just. 32 Iletorniinii- tioii I r mill Ur}' uli(.im!i, Ac. T? I wV '''"."" '>'''^^"'l'"-i«ing from militia, military orTInited hnipire Loyalist ritrhts, shall be entertained nn p.sN the same was actually lo.-ated or admitted, or proof snih. UM, m the opinion ofthe Cm.missioner, furnished in support thereof belore the fourteenth day of June, eiuhlevu n.ndred an. hliy-lhree, and no lan.l or other scrip or cer- (ilu ate entitling parties (o purchase lan.l, issued prior (o J ,|.;., f ■y I J ^'-^ • p » I * tf'- .?-.,J r*''*-? ||i^45j,-y'j'«iff<7»i,|^ » •SALE, ETC., OP LANDS' . ^' the said date, not presented and established in the office of the Oomnwssiouer of Crown Lands before the first day of January, one thousand eight hundred and sixty-two, 4all be recognized and redeemed. 32 V., c. 11, s. 12. ■a««. The Lieutenant-Governor in Council may appro- Fre* grants priate any pubhc lan48 as free grants to actual settlers TL^ """*" upon any public roads opened through the said lands in - r^i^r^ds any n^w settlement^, under suth regulations as shall from"' '""'««"ie- time to time, be made by order in council ; but no such'"""- tree gjrrant shall exceed one hundred acres. 32 V c 1 1 8. 18. ■' ' «J*^*/^^ Lieutenant-Governor in Council may set Land, m»y b, apart and appropriate such of the' Crown lands as he deems'*' *?"*'''" expedient for the sites of wharves or piers, market-places, rurpter"ar« except for a model or industrial' farm, a site for the con- ''"'"■ struction of a chapel or church, or the erection af a ceme- tery, and m such case such grant shall not exceed one hunared acres. If the grant is for the construction of a chapel or chun^h Kxtont of ' or the erection of a cemetery, it shall not be for more than '"'"^ '" ^« hitv acres in any one township, if there be, at the time ofrpX'ro. making such grant, but one religious denomination in such township sufficiently numerous to benefit by such grant, and one hundred acres to be apportioned between the several denominations, where there are more than one^ suthciently numerous as aforesaid. 32 V., c H s. 14 • 8G V ' c. 8, 88. 3 and 8. ■ ' ' ' " h 8 ,«.— Free granti to fathers and mothers of twelve children. .ni?*^''/**^-^^ """^^^il^^^™ ""^ families, being British rerum f- suDjocts, domiciled in this Trovrnce, having twelve children '''"' ""^ 'f r ^(g,*^«^ i-'^^ 'jr i.j; ■^'ffi'41' .=,.Ki ^+ * lu '"V "-^"1"* «., nave a rignt to a grant subject to the ordinary conditions of settlement of one hundred acres of land selected, in the manner hereinafter .mZ'^f """^K^ *^' r^"^ ^^"^«' fi^ f°^ cultivation/for sale and disposable at the time of selection, in the town- snip, parish or unorganised territory in which such fathers and mothers have their domicile, ^.r, if there are no such ands therein, then in the township, parish or unorganized territory nearest to such domicile. 65-56 Y.. c. 19. s^ ^and 08 V.» C. 17, 8. 1. It':;;Hca- ,**«J,%When '^f father is living, he alone makes ap. tion therefor, plicatiou for and selects the one hundred acres of which *- he require the concession ; but when the father is dead the mother. makes such application and selection. 66-56 V ., c. ly^ 6. ij. Appliciltion bow made »nd to be ao- compunied witli what oertiiioates, Ac. Duty of Coia- midsioner on receipt of »p- plioatton. Selection of lot. (}r»nting of Jooation to applioaut. ia67c. The application is made to the Commissioner of Crown Lands, by petition, accompanied by the certificate of the marriage oi the petitioning husband or wife, a certi- hcate drawn up m accordance with form A of this para- fZf'H'"' '°H ^'^^^fj'^^^^ with any other equivalant form, at ested under oath bofore a justice of the peace or a com- missioner t)f the Superior Court; establishing the number froJZ"' of the petitioner's children, ai J a certiKe from the parish priest (cur^), missionary or minister of the parish of^his domicile, corroborating the truth of the alle- gations of his petition. In case the latter have not sufficient personal knowledge of the facts alleged by the petitioner the certificate last mentioned may be given by any personor Ix.rsons having such knowledge of the facts or some of mnnllli ""i 'n '^'''- '^^^Plia^^^e with the formalities is impossible, the Commissioner may accept any proof that he may deem sufficient. 65-66 V., c. 19, 8 2. ,, '^^'^- .^ft^r examining the petition and certificates, the Commissioner deM^des whether the petition is founded and notifies such decision to the petitioner who then se ec s the hundred acres of land af above and notifies hia selection to the Commissioner. 65-56 V., c. 19, s. 2 r.Ju?^'' ^l^"" being notified of the selection by the petitioner, the Commissioner gratuitously grants one hundred acres of the land chosen*: to the fatLrlnd mother or to theone whosurvives, by location ticket, subject to the ccmditions of settlement, according to form T her^'^ito ftiftiexed, or such other form as thelieutenant-Governor i^^ council may substitute therefor. 4 'if-' ' f S^,' SALE, ETC., OF LANDS 11 4 It is however lawful for the Commissioner to refuse the Refupai of grant of the lot chosen, if such lot be a mining lot or ifEaees'"' there be merchantable timber thereon ; in such case the '"'"'"°*'" petitioner may proceed to choose another lot, the whole subject to the provisions of article 1343 of the Revised Statutes, as replaced by the act 55-56 Victoria, chapter 18, section 4. 2. As soon as the father, surviving mother or one^ or issue of more of their children, donees or legatees have proved* to '*"*""P*'""' the Commissioner, by a certificate from the Crown Lands agent, a forest ranger or land surveyor, that the conditions of settlement required by the location ticket have been coinplied with, ho shall order the issue of letters-patent for the lauds so granted. ■■• 3. Fathers or mothers who have not complied with theifeondiiion conditions of settlement in the terms of the location ticl*t "'"'''•"''"'«"' and who, for that reason have incurred the loss of their wilh.""'''"'' hundred acres by the cancellation of their free grant, shall not be allowed to ihake another choice. 58 V., c. llyCH.Q^ VidTf. Unless for municipal and school taxes, or for Land granted building and repairing of churches and parsonages, no lot ,7i'^^|.f ^J" of laud granted under the authority of this law, nor the '"^"*' improvements made thereon, shall be seized for a debt due by the father and mother to whom it. has been conceded, nor can it be sold, hypothecated nor otherwise alienated . by such father and mother, except by gift inter vivos or by will in favor of one or more of the children of such father and mother. 55-56 V., c. 19, s. 2. VifiTg. Books shall be kept in the Department of Crown Bo"1" to he Lands, showing : * ''^i" '" . dopurliucnt. 1. The number and date of the free grant ; 2. The names and surnames of the fathers and mothers ' ' acknowledged tis having a right to such grant, as well as their residence and calling ; 3. The name of the township and the number of the lot and of the range of the lands chosen ; 4. The date of the location ticket ; 5. The number of the order authorizing the issue of letters-patent ; 6. The date of the letters-patent. 68 V., c. 17, s. 3. <^ IN 12 CROWN LANDS DEPAETMENT Regulations |!SM7A. the regulations that may be iiecessary to meet unforeseeu Governor in Council. The Lieutenant-Q-overnor in Council may make cases and for the more efficient working of this law. v., c. 19, s. 2. 55-56 FORM A. CERTIFICATE OP THE FATHER OR MOTHER OF A FAMILY THAT HE OR SHE HAS TWELVE CHILDREN LIVING. « I of do certify, in the presence of , justice of the peace for the district of that I have twelve children living, issue ofmy lawful mar- riage wilh my wife {or husband,) the names of such children being as follows : ' , (Signature) *- A. B. Father {or mother) of the family. Sworn before me at this day of 18 (Signature) C. D. Justice of the Peace, or Commissioner of the Superior Court. 55-56 v., c. 19. Form A. r ,. k FORM B. Province of Quebec, Free grant of one hundred acres to fathers and mothers of twelve children living. (1) The act 64-68 V., o. 19, a. 3, enkoti u follows : He petitions submitted, the oertifloatos and proof furniihed, and alt other useful proceedings already made to obtain sufih free grants, may avail for th* same purposes under this aot. (2) The aot 68 V., o. 17, s. 4, enacts as follows : Niithing in this aot contained shall, in any manner, affect the acquired rights of fathers and mothers already recognized under the authority of the " Twelve childreu act " and of previous acts. .f-i.^V f . ^ f ake eeu )-56 f ,. ! OR i - + ! lar- the ily. SALE, ETC., OF LANDS 'Location ticket. authorized to take possession, of the lot of land No. is hereby containing one hundred acres, and to occupy the same, subject however to the following conditions : 1. He shall take possession of such lot within six months from the date of this ticket and continue to reside thereon and to occupy it either himself or by others, during at least two years from that time. 2 He shall, within four years, at the most, clear and cultivate at least one tenth of this lot, and erect a suitable house on it, at least sixteen feet by twenty. 3. No timber shall be cmt upon the land before the issue of letters-patent, except for clearances, heating, buildings and fences ; and all timber cut in contravention of this condition shall be considered as having been cut without license upon public lands. Further, this location shall be subject to the timber licenses now in force, and the ticket holder shall be obliged to comply with the laws and regu- lations respecting public lands, woods and forest, mines and fisheries in this Province. 4. Letters Patent shall not, in any case, be issued before the fulfilment of the above conditions. Given under my hand, at the Department of Crown Lands, At Quebec, this day of 58 v., c. 17. Form B. , 189 . Assistant-Commissioner of Crown Lands. 13 rs fnl Ml of reu - § i.— Sales and Licenses of Occupation and Assignment thereof. ■ '!?*'*!: Y^^^ ^^'^ exception of lands subject to section Ueutenant- ninlti ot this chapter, respecting mines, the Lieutenant- '^'•^'"■■""' '" Oovefnor in Council may, from time to time, fix the price h^'STo per acre ot public lands, and the terms and conditions ofof'^nd. ' • sale and of settlement and payment. 32 V c IL s IS ■ 43-44 v., c. 12, 8. 164. ^ ., . li, s. lu , . 14 Agents bonnd to grant loca- tion tickets for lands ask- ed for, if for sale and not already granted. Proviso. CEOWN LAXDS' DEPARTMENT IS09. Upon the conditions and for the price ro^rulated and established by the Lieutenant-G-overnor in *Coun<;il, the Crown land's agent, if there is no contestation, is bound to gfant a location ticket to any person who asks to pur- chase a lot of public lands for colonization purposes, if the lot asked for is for sale and not already f?ranted. Such gfant is, however, subject to the a'pprov£(l".of the ©ommissioner, and shall not prejudice the right of the latter to sell the lands under the Mining Act as well as fire-wood lots under existing regulations and sugary lands. 51-52 v., c. 15, s. 1. , , Licenses of occupation to be issued to intending set- tlers, tlieir effect. Effect of per- mit as to prior licenses to cut timber. 1270. The Commissioner niay issuf;, under his hand and seal, to any person who has purchased, or may pur- chase, or is permitted to o<-cupy, or has been entrusted with the care or protection of any public land or to whom a free giant was made, an instrument in the form of a license of occupation, and such person, or the assijrnoe-, by an instrument registered under this chapter or any other law providing for registration in such cases, may take possession of and occupy the land therein comprised, subject to the conditions of such license, and may ther- eunder, unless the same shall have been revoked or can- celled, maintain suits at law again.st any wrongdoer or trespasser, as effeitually as he ( ould do under a patent from the Crown. "Such liwnse of occupsition shall be priwd facie evidence of possession by such person or the assignee under an instrument registered as aforesaid in any such, suit, but the same shall have no force against a license to cut timber existing at the time of the granting thereof. 32 V c. 11 s. 16. 1371. Every license of occupation granted, and every certificate of sale or receipt for money received on the'sale of public land, and every location ticket granted or made by the Commissioner or any of his agents, previous to tkv. twenty-third day of April, one thousand eight hundred and sixty, so long as the sale or grant, to whiVh such license of occupation, rfeceipt, certiiicate or location ticket relates, is in force and not rescinded, shall have the same force and shall inure to the benefit of th« party to whom the same was granted or to the assignee by instrument registered- as aforesaid, in the same mannef and to the same extent as the instrument in the form of a licenseof occupation mentioned in the preceding article. 32 V., c. 11, s. 11. Snent. ^"^"^^ ^'^ Hcenses of occupation, certificates of sale, or recen)^s for^ """"^P Pa.jd. on the sale o£pub-m; lan^^^ and Licenses of occnpatioil, certificates, receipts and locntinn tikds issued befoi e , 23 April 1H60, to iiave the same effect. ;.'ncil by an , aa«in. - -■#' ^ SALE, ETC., OF LANDS J5 fell location tickets i^Hnjed or drawn up bsfore the 24th December, 1875, by the Commissioner or any of his ag-ents, so loiiff as the sale or concession, to which they relate is in force and hm not been -rescinded, shall have the same lorceviind effect and shall Wially benefit >he person in " whose favor the same have W^tagranted or his heirs and legal representatives in virtue <^an instrument registered in conformity with the foregoing- provisions, in t& same >• manner and to the same degree, as the instrument in the form of a license of occnpationNuiecified in article 1270. 39 v., c. 10, s. 2. 7 . '*^?„ ^^^ licenses of occupation, certificates of sale, or Effect of doc, - / receipt lor moneys paid on the sale of public lands, and all ""'"" '^'f«*'iy ^ location hc^els issued and signed by any Crown Lands'"^""'" agent, in favor of any person who has purcliased public^ lands shall hitve the sani(> eilect in respect of such perso^f and his assigns, and shall confer upon them the same rights, powers and i)riTi1e^s, in relation to the lands for which they have been issued, and shall subject themjto the same co>^ditions, as if ,snch p-erson had obtained f¥f)m the Commissioner an instrument in the from ofa license of occupation in confoi'inity with article 1267. 39 V. c 10 s. 1. ' ' y \ "laT.I. There shall be kept in the Crown Lands' office, aRJNstor.obo register in the form deemed expedient by the Commissioner ''"p' '" «"'«■■ in which ^hall be Registered by memorial at^he request of'""'"''''" the paj-ties interested : • : 1. The transfers made by the original purchaser or loca-Rv oriKni„i tees ot'th«'ir rights to any public laiiils acquired frpijP' theii'"-"''''**" Crown by purchase, grant, >- location, leas^ or permit of .occupiition,,and for which letters-patenf have not betm granted ; < ' ' - 2 The transfers made by, the heifS or assigns of such By heir, .to hrst purchasers, or locatee.f if the titles^ uiiH»'r which thev"'fi"' i'"- "' . have a right to the possession of suchjands have been '""" ' duly registered under this chapter, or if their names have k been substituted by the Commission(||[n the books of his department .; ' ' ^ 3. The transfers made by means of a sale under operation of^the Municipal Code for taxes ; the UrdorsabSi for taxes ; 4. The transfers made by means of j^dicial sales, incasi's^ ifeffectV-dJ in which such sales can lawfully take place, and ii c iie- ud * \\poh the first purchaser pr upon his heirs or assiLiijs, within - — "'■= ittuuniujj tttr lilt: 8@coua paragrHpii orrms articie. ■ S Transfer b? udioial ^a'es. ST'¥ '■»^4 mn 4 16 i iploWK LANW DRPAKTMENT Report of cer- *> TfiP officers t'dfotiliiig the sales mentioned in para- tiunsui.M-b-gVrti^hs 3 and 4 of this avtirle must without delay give n,.dc to Co,. ^^^^ thereof to the Commissioner. 45 V., c. '10, s. 8 ; 62 m inisaioDcr V , C lb, . 1. muet : lie phssed before a - notary ; or made by pri- vate writings duly wit- nessed, i&c. Transfers to ^^^B ^'^ ^^Tder that they may be rp<^»'ived and registered, be registered. \Y^^ uant-t »b 'uentioned in the first two ^iaragraphs of the preceding artu le shall : 1. Be passed before a notary-according" to the formalities prescribed by article 1208 of the Civil Code, or 2. Be made by private writinifs in presence of two wit- nesses and be accompanied by the allidavit of one of such witnesses stat.iii<2^ the place and date at which it was passed, the name, residence, and occupation of each witness, or, if the witnesses be absent from the Province or dead, by the affidavit of any other person proving surh death or absence, and th~eir signatures, or that of the pt.>rson who made, the transfer, and 3. Contain no r<^Solutory clause or faculty of redemption, conditions, obligations or t harffes which haA'e not been previously settled or discharged,. .either actually or by agreement or consent of parties, 45 V., c-. 10, s, 3. Be abaj>lute. ^(1 ■1 ■V- l*i7G. In no case, however. mentioneCin the preceding sioner; shall any Transfers can . — r i /-i iiut be regis- provisions, unless by leave oi the Cov teteditocrtain^ ^|- , ^ n^giyteicd^ uulcss it be sidiSFactorilv s-hewnthat conditions be i • ». i ■ i • i ' n • not fulfilled, the couditions oi sale, concession or location, lease or license of occupation have been duly fulfilled. 45 Y,, c. 10, s. 3. 1277. Every translbr registered shall be numbered and have endors(>d thereon a certificate 'signed by the Commis- sioner, or his assistant or other person authorized to that effeet,i.mentioning the date of the enregistration, and' be depo.s^i^d in the archives of the Department of Crown Lands fits a voucher. . 45 v., c. 10, 8. 3. . " . lUqiilsite en- ib.Ti-emcnts (in traupler. Deposit of transfer. Sni^titution l*i7!*. Immediately after the registration, the name o after enregis- the transferee shall be substituted in twbooks of the D tration. ^u;tment for the name of the person eflecting the transft 45 V>, c. iOr.s. 3. Effect of regidered transfer. I37». datt; of been re for regi cannot be t ""i laiidui fers so registered shall take efiect from the stration, as against others that have not have subsequently been presented 10, 8.* 3. -pruauce*]^ requiresi^lpfcters-patent for a public e-is nname to jr()duce a dee(l^ot^tiang;^ V ."■ ■* 1by declared and. enacted that the letters- Certain let- ' patont, Acretotoro issued at the request of a petitioiu-r '.'■'■"'"'""•"' ^M^ to furnish titles or sufhcient proof ag aforesaid, have t^" ^If issued by makinj? use of the following terras ■(1ST"""X^"""S ii'»y one in partleular " to the lej^al repre- ■atives of (name of flie /mrrhhser or irnnsferee) "r and . ., similar letters-patent may still be issued" in the same manner by making use of the same ^rms. -.^^^^I'u '^''''i^ " ^"""''l ^'^P'-^'sentatives," must be under- interpetatj-n. srooa all those who may have any richts whatever to the"^" '"k"'^ property under the Civil Code, ks V"., c. 10, s. 3. tZ"^"'" § 5 T-wSa/e of Sugnries. ■ ■' ' ' iJv'^'.y^^^T™^''^^''"^"""^'''^ dispose of lots suitable Sale of on f tor the working of sugaries upon Crown lands with-r'*^K^- out.obhging the purchasers to fulfil thereon the condition^ ' ■ Oi settlement. Such sales, whirh shall in no caseinclude more than one conditions iiunilred acres to the same person, must be made uoon a '''"*' ""'"her special valuation d-termined by the Commissioner upon-H""^ " "" the report of the agents after an ii.spertion made at the expense of th«' purehaser, at a price which cannot, be less than seventy-live cents per a-re. The porchas,.;- has not the right to cut or dispose of anyRi^i" t^ out .wood other than that necessary for his own use 61-5-> V """"' '"^ "^" C. If), S.2. , • . ui ^., y ■,or.ly. IW d* $ ^— Forfeiture of Cinimx and Enforcp.merU of Forfeit lire % f\ l*lvr If the Commissioner bcf'satisfied that any pur- «"'"• •^•<' .-"f <-h:.ser, grantee or lo<-atee or lessee of any public' land or ''"''' ""'^' ''* anv assiiriiee claimiivg under or throuoh hjm, has been guilty o any fraud or imposition, or has violated or neglected lo .■omply with any of the conditions of sale grant, lot^ation or lease, or of the li-'ense of" occupation- or 31 any such sale, grant, location or lease or license of occu- patioir have b-.-u or f)e made or issued in error or mistake he may cancel such '.sale, grant, location, lease or license' and resume the land therein meutioneH nn.i .i;>^ ^,, ^| •/ ■ W OIlrioilllBl 111 (M-.'c 111' fniuj or error. 1 ' '. '^■^ /■i V\ ^..,. «Si- i OHOtVN ^ANPS' »B5^ETME!k']|? Rbv-ooations to etfeot a com pie to for, fi'ii'iire of iQODeyB puld T^o preceding' articio skall be interpreted as giving' JTOc^idji-made by 'the Commissioner, in virtue as if no s^le, grant,- location qr lease thereof. had ever been made. 82 V., c. 11,^. 20. i^ . , ^ | 12H4. to the reTOc^idjimade by ^.......^t, ^^ ,i.„«o thereof, th^, effect pf a full and complete forfeiture of all moiieys paid by the purchaser, grantee, occiipant or lessee. whether oiivarcount of, or in full payment; of any salo, grant,^ location,, lease or permit of occupation, or any expenses or improvements laid out or made on the land or lands therein mentioned; but the Commissioner may, nevertheless, in nil such revocations, grant such comjieii- saliou or indemnity as he may consider just and equitable. 36 v., c. 8, 88. 6 and 9. Niitnro of right of revo- oution and wliBti it'Oiiiy be exercised laS.'J. The right of revocation, so conferred on the Com- missioner, shall not be deemed an ordinary right of disso- lution of contract for lion-fulfilment of conditions ; it shall not be subject to the provisions of arti(de 1537 of the Civil Code, or to the rules therein mentioned, and -may always be exercised, as occasion may require, whatever time may have elapsed since the sale, grant, location, lease or license of occupation. 36 V., c. 8, ss. 6 and 9. f"ut7 of ,?ie' *'***®: ^** cancelling of any sale or of any grant, location «r4nint. ""' "^" Permit ot occupation of public lands shall, however, be .made before a noti.e is twice given in the Qiufbec Ofhcial ^ Clazetle mentioning the lots subject to cancellation and the date u[K>n which it shall take place. 45 V , c. 10, s. 4. - lV)stin)/%" iiuoh iH>lioc. WXiT.^'he Crown Lands' agent, on receipt of the QucIhx^ Olfii'ial Cazclte, containing sn.'h noliV-e, shall be obli< V , c. 10, Di'Iny fo ofli'ot "Mill oBiio'ol- VZHH Such caiieelling cannot ii till' posting up of 61-r.2 v., c. 16. s. 8. s. 4. lake . |)lace until after sixty days from the posting up of the said notice at the I'hurch door. ' Piiwur (if [)ur- ciiiisar to (1(1- ji IK' oimi((iil- iiiig. ViXtt Duriiiy sm h sixty days it shaU b(> lawfnll for the juirchaser, liis h'irs or assiirns, to reprcHent, by petition, to the CouiinissioniM or the Lieiil.'naiii-(u)vernor in Council, the n>asoiis for which he thinks such cancellingshould not tak.^ place , the ConiHii-^^ioiier or the Lientenant-Covernor iu Council tthall decide the question af%)r I'onsidering the ,» t • ^^ -^ ^ V w; lym,' «• V'»sp%fl' » -i.--^''^-^ SALE, ETC., OF LANDS jg merits of the reasons so alleged in support of such petition. \ • 45 v., c. 10, 8. 4 ; 51-52 V., c. 15, s. 3. * l«3»». Nothing- contained in articles 1274. 12Y5 1276 MininRiaw 1277, 1278, 1279,1280, 1281,1280, 1287, 1288, and 1289.8hali"°""'*""""*- attc'ct any ol the provisions of Ihe mininir law beino- s-'ction ninth of this chapter. 45 V., c. 10, s. 5. ° I29l/W"hen any purchaser, less'^e, or other person, refuses Mode of ob- or neslects to deliror up po-ssessiou of any lands after '''::'"« T-'^t revocation or cancellation of the sale, grant, lo„, oranya.t to l,e done, by or on »;''J'al<'f the Crown, su.h notice may be given and art clone l)y, or by the authority ol the Commi.s.sio.ter.. ;J2 V c. 1 1, s. 22. ' I2SKI. All arrears or sums whatever du.' to the (lovern- "•""""'•y »<" m -nt by reason ..f the Nnle or l.-use of piihlj,- |a,ul, or of any .■::;:,;:"" "" tunl.,.r thereon, may be reroverrd by a,, onlinarv aetiou of d hi, hrouoht in the name of the Crown, l)eforo any .ourt ol competent jurisdiition, ;}2 V, e. 11,8.2;}. laiM Ifany Huoh.snit, the (iefendinit fail to appear or.Ju.Um«nt b, 10 plead proeee.liiigs may b.. ha«l and indirnieiit may be''*^""" '"-^ rHn.l-.r.Mi therein as in summary actionsin.Ht'ituted for the"'"""'""" payment ol spe»;ilic Hums of money. '82 V., c. U, s. 24. "JTW f. :-£. f^^^fip^- —4* , 1 1 / ! 2a CROWN lands' department OniM of proof. I99*S. In all such suits, in case of contestation, the burden of proof shall lie upon the defendant. 32 V., c. 1 1, s. 24. Jurisdiction, procedure •nd costs. Certain es- tates declared to be under control of Crown Lands' Departem^t. laOfl. Notwithstanding articles 1054, 1055 and 1058 of the Code of Civil Procedure, such actions shall, as regards the jurisdiction of the court, procedure and costs, be dealt with as if they were purely personal a'-tions in which the Crown is not concerned, and not relating to titles to land or tenements, annual rents, or matters wherein rights in future may be bound. 82 Y.,% 11, s. 25. $ *J.—J,esuit's Estates and other Property. 1897. The estates forming part of the public domain, known as the "Jesuits' Estates," " Crown Domuin, " "Seigniory of Lauzon," continue to be under the direct control of the Crown Lands' Department, and the provi- sions of this chapter, in so far as may be practicable, shall apply to the said estates; and all deeds, titles, contracts, and other documents relating to them, made and executed by said Department, are deerae^d as good and valid in law, to all intent and purposes whatsoever. 86 V., c. 8, s. 5. § 8. — Letters- Patent for Puhlir Lands and the Registration , thereof. I — RKOISTHATION OF I.fiTtERS-PATKNT. te.it f..r lands '*^®^- All letters-patcut of the Crown, whereby any to be deliver- grant of the waste or other public hinds in the I'rovince "' '" P"';"" is made, shall be delivered to the person, Iheri'to entitled, entitled there- • ^, r i i ■ ■ i , , ■ . to. a copy thereof only tx'iiig previously recorded in a register to be kept for that purpose by the Provimiiil KegJNtrar or his deputy, withovit any olher entry or enrolment. (! S. L. C, c. 89, s.' 1. * y II — LKTTEIIS PATKNT IP.'^lEl) IN KIllKill. Letters pa- I900. "Whenever letters-patent have been issued to or in the name of the wrong party, lhr(»ugh mistake in I he De- partment of (Vow 11 Lands, or ronlain aiiv fective letters-patt'nt to Iw can- celled and correct ones to be issued in Iheir stead. • See Bfiii-len TOO el "imj. of IU'vIiumJ^ Htiiiutes its to registration of letlers-palent by noadvarm flalm. 4 i^' ■f^n^nft %•:». SALE, ETC., OF LANDS 21 4 # , '.^.-i Such CQrrected letters-patent shall relate back to the date v«i„e of cor- of those so cancelled, and have the same effect as if issued """■^'^ '*"*"" at the date of such cancelled patent. C. S. L. C, c 39, s. 15 • •"'"""■ 82 v., c. 11, 8. 26. ' ' ' i:iOO. In all cases in which grants ^r hitters-patent have issued for the same land, inrouKistent with each other throuiih error, and in all cases of sales or appropriations of the same land, inconsistent with each other, the Commis- sioner may, in ca.se of sale, cause a repayment of the pur- chase money, with interest, or when the land has passed from the original purchaser or has been improved before the discovery ol the error, or when the original grant or appropriation was a free grant, he may, in substitution, assign land or issue scrip entitling the party to purchase Crovvn lands of such value and to such extent as to him, the Commissioner, may seem just and equitable under the circumstances. No such claim shall be entertained unless it be preferred within live years from the discovery of tht^ error 32 V c.ll, s. 27. • »•. Tn oaacB of double or in- cotisifitorit grunts, the I>iirehiis6 rnoiioy rany be repHid wilh interest, or "ither land may be as^^ign- «uid lor so much of the land us is deficient, with interest (hereon from the time of the application therefor, to be paid to him in land or in money, or in land scrij), as he, tlie Commissioner, may direct, or, in r de- fioienoy of III I'd by ren.'on or (iili>e survey Or error in cie- imrtcinciital Iif)okH or plum. I'rovijo. laO'J All coinj)enKation awarded under the two pre- '••mp,.n.«ii„n ceding articles, except where land is especially assigned"'," ' " "'"'- therefor by the Commissioner, and all .laims therefor shall mVrTr"'''*' be tn treated as personal property and dealt with accordinirlv v.. c. 11.8. 45. \ ^ ^ .t --«Ju ^^If J, V ^ 3 <^jy-Sf .# 22 CROWN lands' department e^lma/btan'. , \*^* ^"7 letters-patent granted by the Crown maybe nulled in oer- declared null and be repealed by the Superior Court • tain oasea. - -j^, ' , ^ ' i. Where such letters- patent were obtained by means of some fraudulent suggestion, or where some material fact has bi^en concealed by the patentee, or with his knowledi?e or consent ; 2. When they have been granted by mistake, or in igno- rSnce of some material fact ; 3- When the patentee, or those claiming under him, have done or omitted to do some act in violation of the terms and conditions upon whiJh such letters-i)atent were granted, or, for any other reason, have forfeited their ri"-hts and interests, in such l(tv '305. The information is served upon the person who holds or relies upon such letters-patent, and is heard, tried and determined in the same manner as ordinarv suits 32 v., c. ll,ss. 30 and 81. I»0«. An appeal lies from the final judgment rendered upon such information, provided the writ of appeal i.ssues within i'orty days from the rendering of the iud"-ment 32 v., c. 11, s. 32. "^ ' § ^.—Letmng of the Peninxu/a of Manirouf^an. laor. «Tho Lieutenant-dovernor in (Council may, on report of the Comtni.ssipner of Crown Lands, authorize tho ■said Co'inmissioner tolea.se, to any person or corixiral ion, for any and all purposes, the whole or any part of that j)ortio!i of unirianted and unoccupied territory in the I'ro- vincH' known as the Manicongan PeniiiKuhi, not exceeding forty-live sciunre miles, and the beach surrounding the same lor a period of ten years or less, either at a'^lixed rental or at a i)erceiiliiif.' of the net proceeds deriv rd by the lessees therefrom, if the territory m leased is used fur nianuliicturing or commercial purposes. 49-50 V., c. 3-', si. l.'iON The lease shall in ho way interfere with the right ol actual occupants, and shall be subjifct to such other terms and c;onditiou8 as may bo imposed. 49-50 V c 82 8. 1. ' ' , WOODS AND FORESTS ^ SECTION V. : WOOnS AND FORESTS ON PUBLIC LANDS. " . § 1. — Cutting of Timber. " I. — LICENSES TO COT TIMBER. 1309. The Commissioner of Crowir Lands, or any officer "nmting of ■ or ajrent under him authorized to that effect may grant '-'7"' ""'"* licenses to cut timber on theungranted lands of the Crown c"ownUnd.. at such rates, and subject to such conditions, regulal ions aijd restrn^tious as may, from time to time, be established by the Lieutenant-aovernor jn Council, and of which notice shall be j,»iv^Un the Quebec Official Gazette. C. S. C, c. 23, 8. 1. 1 Period of liceni>e. As to intcr- ITlllJftwitll liu0iiEes. 1310. No license shall be so granted for a longer period than twelve months from the date thereof ; and if, in con- sequence of any incorrectness of survey or other error or cause whatsoever, a license be found to comprise lands in- cluded in A license of a prior date, the license laf.t granted shall be void in so far as it interferes with the one pre- viously issued. The holder or proprietor of the license so rendered void shall have no clatm upon the Oovernment for indemnity or compensation by reason of such avoidance. C. tS. C, c. 28, s. 1. 1311 The licenses shall dcscrilx^ (he lands upon which Form of the timber mav b.' cut, and shall bi" deemed to ronf,.!- lor '"""-" the time being on the nominee, the riaht to take ai-d kecp'iVrir' exclusive })oss.>ssioii of tl„. binds so described, subject to such ivgulatioiis and restrictions as may established C iS. C, c. 2.'!, s. 2. ' ■ ' 1312. Suchliceiises shall Vi>st in the holders "thereof ajl ''r<>i"'rty. .to. . rights of |)ropcity whiitsoever in all trees, tiiul)cr and luni-'" I'""" '"'"■'^ bcrcut wiihin theliinrts of ihe license during the term' '"""'"' Ihcreof, whether such trees, timber and luiiib.-r"'ar7" cut by authority of the holder of suih license, or by any other person with or without his consent. C S. V.', r. 2'.i s. 2 1HI3. ^Jueh licenses shall entitle the holders thereof toPow.mf seize or to cause to be seized,- in revendication or othiT- ''''*""'"'"" wise, such trees, timber or lumber where the same are ".u,,' 'it. luund in the possession of any unauthorized person au licenses. Rnmo ny +« tU . n • • ^ ■ "i n^cjii fjiajiijiio me same, or to the Commissioner, a letarn of the number and ', kinds of trees cut, anrchan table timber cut under' li.-eL shall Timber linble _o piiympit of 1 ■ 1 , ,. , ■ "^ ■iiijuci Lui uuuer license Nhnll j^i„. oiip .,8 wheresoever (he said timber or any part of it mnv into d'"l • r^^'j^" '" K^^'" •^^'■^'"^^ ^'^^ ^>' nianufal t, a Powrof ^""<* deals, boards or other Stuff. offimr ,o Hize All officers or ngents entrusted with the collection of < -W. . such dues may follow all su. h timber and seize an e ain ■ Ihe same wherever it is found, until the dues are , aid o , secured. C. JS. C. c, 28. s. 4 ; 6l-r,2 V., c. 15, s. 7 ISItt. Bonds or prorai.ssory notes taken for -the Orown dues c„h,.r before or after the ..utfing of the timbe rTs .ollateral security or to f.u^litate colWtion,. shall no in d,;,.h:;.ged'"c. t^X T1. t '':^ ""^ -•-tuaHy r.rm,„,,:,v ''*^"^ ^VV'^ timber so seized and detained for nrvii. m.uor.u.. payment ol Crown duo» remain for two months inUie _ •v^ The;»iv;iij{ of 'lumls (iv II, Men >'('( ti, H(r,.,.t, 'I'p lipij ,,„ "**' ^ «.iiji ymf. ' '^ "^^Z "'j*^ *^ * ^fvpjtiif ^■^is-' i^j(^Where the timber, so reported to have been cut withotlt authority on public lands, has been made up with other timber into a crib, dram or raft, or, in any other manner, has been so mixed up at the mills or elsewhere as to render it impossible or very difficult to distinguish the timber so cut on public lands without license, from other timber with which it is mixed up, the whole of the timber so mixed shall be held to have been cut without authority on jmblic lands, and shall be liable to seizure and forfeiture accordingly until' satisfactorily separated by the holder C. S. C, c. 23, s. 8. IV. — nESISTINO SEIZORE— nEMOVlNft tlMRER SEIZED— CONDEMNATION Of SL'CH TIMHER. filing officer '^^®- Any officer or person seizing timbe]-, in the dis- m.y commauu charge of hjs duty, may, in the name of the Crown, call iixjf a»ei!ta.,ce. ^„y a.ssistaucc uecessary for securing and protecting the timber so seiziMl. C. S. C, c 23, s. 9. Burden of proirf thnt dues have bean paid. 11127. "Whene-er any timber is seized for non-payment of Crown dues or for any other cause.of forfeiture, or any prosecution is brought for any penalty or forfeiture, anil any question arises whether the said dues have been paid on such timber, or whether the said timber was cut on other than any of the public lands aforesaid, the burden of proving payment, or on what laud the said timber was cut, shall lie on the owner or claimant of such timber, and not on the officer who seizes, the same or the party bringing such prosecution C. S. C., c. 23, s. 10. i39S. All timber seized shall be deemed to be con- demned, unless the person, upon whom it was seized or the owner thereof, within fifteen days of the seizure, gives notice to the Commissioner that he claims the whole or part thereof, and that the said timber so seized, or part thereof, is not liable to any Crown dues. The notice shall be accompanied by an affidavit taken in^-npport of before a justice of the peace, or an v other person authorized Timber seited to be con- demned If not clnimed within a certain time. Affidavit 1 i*k • imTi^i ' "' * i" '' ■£ /i I -.1 • -^'7 ^ »%i^s^<^-fi^'vi\":^ ' .«Br-^.*« vf^. J WOODS aiJd forests 27 claimant after noticd. to receive affidavits under article 1253, attesting the truth of the facts alleged by the claimant. In default of such notice, the Commissioner may order Saie in default the seizing officer to proceed with the sale of the timber °fj^;;|^™^^eing seized after a previous notice of fifteen days given in the place where the seizure was effiacted." 58 V., c. 18, s 3. " 13*19. If, during the fifteen days after the notice given Procedure by under the preceding article, the Commissioner has not ' given up to the claimant the timber seized, the latter shall, within eight days, make an opposition to the seizure in the same manner as oppositions to annual and tp w'ithdraw are made under the Code of Civil Procedure. The opposition shall further be previously received by '^'''"'P'!°° f a judge having jurisdiction in the district in which the judge. timber has been seized The iudge shall, if he receives it, makes on the opposi-^'-J" *" •?«, '7 .1 • • m . , ii 1 made by judge tion an order upon the seizing officer to return the proceed- ings on the seizure before the court having jurisdiction, or any judge of such court, within eight days after service to be madabpon him of such opposition accompanied by the judge's order. The opposition shall not be received, unless a deposit ^«r'™ij.'^^*'« of o le hundred dollars shall have been made by the oppo- opposition. sant as security for costs, in the office of the court to which the judge belongs, who is competent to ma'ke the order mejitioued in the preceding (clause. The opposant mav durinjr the proceedings, obtain pos- opposant m^y *,; ., , • , •' . °, ' • • , 1 , obtain tunbor' fes ion ot the timber seized upon giving two good and by ^iviug sutficient sureties, previously approved by the Commis- '^'"^"'■"y- f-ioner, to pay the value of the timber, if it should be condemned. The bond shall be taken in the name of the Commis- ^'j^J^J^oj"! '° sioner ot Crown Lands, to Her Majesty's use, and shall be "^ delivered «p to and kept by the Commissioner. It' the tirfiber be condemned, the value thereof is forth- f''_|ij™'^^'"^^' with paid to the Commissioner or agent, otherwise such payment of bond shall remain in force. _ ' ^'''"»- The opposition is heard and decided in term or in vaca- Procedure m tion, according to the ordinary practice of the court in ''°"""" summary matters." 58 V., c. 18, s. 4. 1330. All timber cut without license, at any distance j^^^er un-^ not exceeding ten miles from the international frontier n*ear"froutier- liijpes of this Province, dividing it from the United States, ''"«» ""jy •>• or from the lines which divide it from the neighboring u,e imiai"" Province, as soon as it shall have b/:vn established that ""tioe <" the said timber has been cut unlawfully, and that a due * "^v seizTrreThcTT'of has been made, m-Hj be TrroTn;^^ sold by the = ':4 Forfeiture of^ timber \d, ouse of fraud. person to that end duly authorized, without bis .being obliged in regard thereto, to give the notice and delay required, in analogous circumstances, For any other part of the Province. G. S. C, c. 28, s. 11 ; 36 V., c. 9, s. 9. 1331. Every person, availing himself of any false state- ment or oath to evade the payment of Crown dues, shall forfeith the timber on which dues are attempted to be evaded. C." S. C, c. 23, s. 12. Certain lioentieB and liena pre- gerved. 1333. Nothing Power of Commis- sioner to issue licenses to cut timber. **< f : ' I Limits to be sold by auction. herein shall, in any way, invalidate or affect licenses gra,nted before the thirtieth day of May,« 1819, or any obligation then contracted for payment of Crown dues under "Stich licenses, or invalide the lien of the Crown on any timber cut upon public lands, within the limits of the Proviace on that day, and upon which the dues theretofore exacted have not been paid, notwithstanding any bond or promissory note taken for the amount ot such dues. C. S C, c. 23, s. 14. 1333. The Commissioher of Crown Lands* always has the power of issuing licenses to cut timber, subject to the privilege of their being renewable, annually, for any fixed period of years, and, in that respej^ct, as well as'in aW oth6r respects, the modifications of the Crown timber regulatioma'r, sanctioned by the Lieutenant-Grovernor in CoUncil,],^!^ order in council, bearing date the second day of October,,. , one thousand eight hundred and sixty-eight, as piiblished in the Canada Gazette, are hereby confirmed and receding article, which shall be conducted by any ofiicer of. the Department of Crown Lands, or by any other person, who shall, to that end, receive instructions from the Commissioner, Are held at the place and in the manner specified in the Quebec Official Gazette and the newspapers to that end specified by the Commis- sioner, which notice shall' be published for at least thirty, days before the sale. * . Short notice in Howcvcr, in tiiB-D^se of limits of small extent or of s^aall certain cases, y^lae, the Upper antt\Ix)wer Ottawa agencies ex<*< r WQODS AND F0EEST8 days, publiste3!^ prescribed in the preceding clause^^SS *V., c.-is; 8.6. ' *'^^ » 29 ^Jj^What notice /i . shall oobtain. lixec. Plan to be de- posited. i:i36. Sufch notice shall contain a description, of limits to be sold, their situation,-4nd the upset price for each, after they shall have been explored and*^value^ approximately by the Department ; there shall also be d^ posited in the Department of Crown Lands, or in the office of the timber agent for the locality in which such sale is to take place, a plan of the territory' in which such limits and those adjoining them are situated. Such plan shall J (^yP^'"- remain open to public inspection during the whole period tion. which elapses between the publication of the notice and the day fixed for the sale. 36 V., c. 9, S; 3. , . VI. — POWUnS AND DUTIES OF HOLDERS OF TIMBER LIMITS. . . 1 3:i7. The Commissioner, or any authorized agent, shall, Commis. ii. 'lo 11 • i. J J. sioner mAy at all times, have free access to, and be permitted, to exa-ataii times mine the books and memoranda, kept by any licensee, *"/?««' books showmg the quantity of luijjber in board measure sawn by see. him from logs on his timber limits ; and the failure to pro- duce such books and raemofauda when required so to do, will, subject such licensee to a forfeiture of his right to a rerfewal of his license 36 V., c. 9, s. 11. 1338. The holders of timber limits shall have the riQrht,i'i'«"«oe» . duriug the winter to J haul lumber and provisions across ber over lands the property of persons holding lands within their limits ; «j^'.'^in "leir provided that they shall be liable to indemnify the owners Prov'so. .(for any damage they may cause. 36 V., c. 9, s. 12. § 2. — Timber dues and imputation thereof. " 1342. No timber dues are to be exacted on any timber Timber dues cut by settlers on lots regularly acquired by location ticket ['^j'.'^*^ ^^^^^^*^* from the crown, and which are paid up in full, provided oases, such lots are occupied in good faith, and the settlements duties necessary for obtaining letters-patent are performed thereon. (ft.) Timber dues, as fixed by the regulations of the de- Timber dues paitment, are however exacted on all timber cut, for tb« [„ certain"'*'* purpose of clearing, by settlers residing on lots regularly oases, acquired by location ticket from the crown and which are not paid for in full, and the proceeds of such dues are Application imputed upon the balaiice due in capital and interest upon "hereof- the price of the lot for which they are paid in up to the -^,ArUuk » .ia3 J »t.l3A04l3A.l Afj u br o g M^ d by , 5 6: 5 6 Y,^ e ,,. ia ^„.^^ ^ ^-r*?,* %r^:r- -\ r 80 CBOWN lands' BEFiRTMlENT Impatation of timber dues in certain oasoik Application ofamount of such balance, and the surplus, if any, shall be Surplus. returned to such settlers, should the ' Lieuten^nt-Grovernor in Council so deteripine. (c.) In the case of settlers who have herejiofore not takeu out their location tickets, but who are occupants in good faith of lots belonging to the crown, and^ on which they have performed the settlement duties required before the issue of letters-patent, the Lieutenant-'Governor in Council may., in his discretion, impute the timber dues, chargeable on .timber exit by such occupants in the process, of clearing only, upon the sjim due the crown for the price g^^sueh lots and the'occupation thereof and mayreturn the balance of such dues, if any, £o such occupants. 2. It shall always be kwfall for the Commissioner to withdraw fiom any timber license, ally lots unsuitable for cultivation and recognized as such after inspection, and upon which there is, in the opinion of the Commissioner no appreciable merchantable timber, and to dispose of such lot as firewood lots or sugary lands. 61-52 V., c. 15, s. 8, and 62 V , c. 16, s. 2, and 55-56 V., c. 18, s, 3. Power of oommisstpner to withdraw from license certain lots. Lots sold for settlement to be taken out of license and when. No one to set fire to trees, Ac, standing. Prohibition to set fire to wood, A.e. ■ 1313. All lots sold or located by the authority of the Commissioner of Crown Lands, prior to the date of any licence to cut timber for any territory wherein such lots are situated, are to be hold as excepted from such license ; but any lots so sold or located within such territory, after the date of any such license, shall cease to be subject to such license, only alter the thirtieth day of April next fol- lowing, and whenever the sale of any such lot is cancelled, the said lot shall be restored to such liconse. 55-56 V., c. 18, s. 4. I § 3. — Protection of Forests against Fire, I — PROVISIONS APPLICABLE TO THE WHOLE PUOVINCE. 1344. No person shall, at any time, set fire to or cause to burn any tree, shrub or other plant, growing or standing in any forest, or at a distance of less than one mile from V._ any forest. 34 V., c. 19, s. 1. 1345. No person shall, in the forest or at a distance of less than a mile from a forest, set fire to, or cause to burn, any pile of wood, branches or brushwood, or any tree, shrub or other plant, or any black loam or light soil, or any trunks of trees, or trees that have been felled, at any period during the year. -^ ■up«'«nmf»tmmi ■■:^' c. ^v'^ftBir ^ ^1^' 4 or cause standing ile from ^-- --^ WOODS AND FORESTS n It Koweyer shall be permitted for tltf^o^e of clear- f;-P«- ^^ ing lands at any time, except between the first oi July ana the first of September in each year. 45 V., c. 11, 8. 1. I&4«. Notwithstanding the preceding provisions, it shall ^;«» ^7„^^«. be lawful to rflake a fire in or near the forest to obtain tain purposes. warmth, and for cooking or other nfecessary purposes, or for all industrial purposes, such as the manufacture of tar, turpentine, charcoal, or making of ashes, for the manufac- ture of pot or pearl ash, providing that the obligations and Proviso, precautions imposed by the folio vving article are observed. 34 v., 0. 19, s. 3. , 1317; Every person who shall, between the fifteenth of P-«»»t|on«^^ May and the fifteenth of Octaber, make a fire in the iorest by p,„o„, or at a distance of less than half a mile therefrem, for the making fires. purposes mentioned in the preceding- articl<4, must : 1. Select the locality in the neighborhood of which there SeiecUon of is the smallest quantity of vegetable matter, dead wood, branches, brushwood, dry leavfes, or resinous trees ; 2. Clear the place in which he is about to light his fire, cie«^rance^^ bv reniovin"- all vegetable matter, dead wood, branches, within a eer-' brushwood Ind dry leaves from the soil within a radius of t'"n radius, twenty-five feet, as regards fires made for the necessities ot any industry, as mentioned in article 1346, and withni a radius of four feet as regards fires made for the other pur- poses mentioned in the said article ; . 3. Totally extinguish the fire before quitting the place. Exting;'';^^; 34 v., c. 19, s. 4. I34H. All locomotive engines, used on any railway Lnoomotives ^ which passes through any Crown forests shall, by the j^,;^^^^^ ,„ company using the same, be provided with and have m ..revcntfir^^^^ use all the molt improve and efficient means used to pi-e- S^e'^r vent the escape of the fire front the furnace or ash pan otand^to h«^e ^ such engines, smoke-staokp. ' The smoke-stack of each locomotive so used shall be provided with a bonnet .or screen of iron or steel wire ■ netting ; the size of the wire used in making the netting to be not less than number nineteen of the Birmingham wire gauge, or three sixty-fourth parts of an inch in diameter, and such netting shall contain, in each square inch at least eleven wires each way at right angles to each other that is in all twenty-two wires -to the squire inch. 46 v., s. 10, s. 6 ; 61-&2 V., c. 15, s. 10. ■ ■not- i '■! > ( U' i »t ',r* , » T'eriftlty on rnlhvny oom- jxinj for oon- ' trurention. 82 , CROWN lands' department Datyofed- 1340. It shall be the duty of every eng'ine-driver, in filThi's"**" charge of a locomotive engine, passing over any such reepcot. railway, to see that all such appliances above mentioned are properly used and applied, so as to prevent the unneces- , sary escape of fire from any such engine as far as it is reasonably possible to do so. 46 V., c. 10, e. 7 ; 61-52 V., c. 16, 8. 10. l>t«SO. Any railway company, running or permitting any locomotive engine to be run in violation of the provisions of this subsection, shall be liable to a penalty of one hundred dollars for each offence, to be recovered with , costs in any court of competent jurisdiction. 46 V., c. 10, 6. 8; 61-62 v., c. 15, s. 10. Rniiwsy com- l3tSI. AH railway companies, whose lines pass through th"i'r"rordwB" ftiiy forest luuds, shdll b«^ bound, under penalty of one hundred dollars, recoverable in the manner provided in the preceding artif.'les, and subjert in addition to the liability ibr all damages canst^d by fires originating from sparks issuing from tht.'ir kK-omotives, to clear off from the ^ides of their respective roadways all combustible materials, by burning the same or otherwise. • It shall not be necessary, in any siich action for penalty or damages, to prove the name or number of the locomotive or the name of the engineer or fireman in charge of the same. 46 V., c 10, s. U.; 51-52 V., c. 15, s. 10. iif oombupti- blcs under penalty. Proof in suits for penalty. J'iiitiae» of I '■ praoe «r- ffi 'O, •furlidiotlon. Penalty for kiridiiig flrm ill oiirtiiiii ptHutif at " cerlain- tituea. 1!I«S2. For the purposes of the foregoing provisions, all agents for the sale of Crown lands, employees of the Depart- ment of Crown Lands, sworn land surveyors, and wood- rangers employed by the Department of, Crown Lands, shall bo ex-ojfirio justices of the peace. Any justice of the petice, before^whom has been proved any co^itravention of the provisions of this subsection, may impose the penalty above set forth. 46 V., c. 10, s. 10; 61-52 r., c. 15, 8. 10 II. — PROVISIONS APPLJCAnLK TO THE NOHTH SABTBRN PORTIONI OV THK PROVINCB. i I3«S3. Whoever at tny time, between the first day of June and' the thirtieth day of September of any year, kindle*; makes or places any fire in or near any woods, trees, shrubl)ery, brushwood, boughs, cuttings, on any wooded, or on any wild or uncultivated land, at any place north ofthe river and gulf of St. Lawrence, to the east or north of the Sagutinfty m'»»r, to the limits of Canada,^r on I ■ ^_ ^h ■I ■.; Am^ ./;..'l t-r'- ' i -vi' , Ok j!.. '■"•if^*^ ^'5tt«v~^V'^'4'!'^, * j>,-f| .-;*■ WOODS AND FORESTS 88 I .1 any of the islands, belot«r or to the eastward of Red Island, within the said river or gulf-whereby the fire spreads or extends through standing trees, brushwood, or scrub, or - bouo-hs, or in the moss, or peat lands to a distance exceeding onelirpent, shall incur a penalty not exceeding one hundred dollars, and shall besides be responsible to the trow n or whoever may be the owner of the land ior all ^images occasioned by such fire. _ , „„^ Ponaitv on Every master or other person, having employees or 8er-P«naHy on vants who shall order* or counsel his said employees or -M^er person, servants, or give them permission, to kindle or make a fire -"--b,^^^^ as above mentioned, shall incur a penalty not exceeding vo. to mai^>. one hundred dollars, over and above all costs and wha -fi-. 4o. ever damages may result from tlu> said lire; and. in detault of payment, niay be condemned to imprisonment ior not more that three mqnths. 2 Nothing in this article, contained shall prevent pro-P^°:i'„;-„"; '° prietors or those having licenses I o cut timber or wood, oiearauce. from burning the wood, trees or brushwood, on their own land, or^ otherwise using lire to clear theirJand without • injury or pn-judice to their neighbors., 32 Y., c. 37, s. 0. iia FiHK msmicTS. " . "I3.l3fl The lieutenant-Governor in Council may byFjreai.inc,,^^ proclamation, dci-Jare any portion ot the province to be a ,,y j,^„,,^^^. " Fire District " within thf intent and for the purposes oi uon. *^SmrprochI^ation shall be published in the Q««6«'^\';;'J;^„t'°" Olfidal Gazette. t,- n- ^ •».--.. » The territory whirh shall b,- known as a " Fire Distric , Kffeoi .i>cr.of shall ceasji. to bi' a lire district ui)on the puhh.atum ot a pioclamaliou of the Li.Mil.'uant-dovernor la Council, re- voking the one creating it. 58 V., c. iy,,». 2. • " VJiTi^h No p.'rsnn shall set or cause to bi^set «^ f.^ai-'^^'l ^^7,f„V;,°,'»'" anv lire in or near the woods, within any such fire di.stnct, ,,j,,^,„j ,,„,. between the first day of April an.l the linst day of Nm-em- ,n„^^.r,ai„ - ber in any year. Nevertheless, a ft»»««-y*''<' settler, U'""''' a ,j^_j^|,jj^,„_ location-ticket or letters-patent from the CrOwn. may do so. for the purpose of clearinsj: land at any time, except i'« '"•« disiri.t number one, between the first d^.y ot May and tlio fifleehthdav of Sepl.-mher. and in tbe other lire districts, b.'tween the first day of July and the first day ul Seplembe;. - 68 v.. e. ID, 8. 2. C.«lii li u un iiii u u I . . iM ^ rl i.i w > l i»i r il iU'vi l iiide r . Uil8 a" lH'Or* 'M.r ^ V >: 34 CRQWN lands' department Riiiiwny ooM- '« \ViSiVtc. It shall be the duty of every railway company, fimbcrHeonsesd^rinjr the coiistructiou and the operating of its line to piuoe men throughany fire-district, and of every person holdings auifo^Mdant '\"=^^?® *<* <^"t timber in any territory included in any fire- district, to place at the disposal of the general superinten- dent of forest fires, any number he may see fit of their employees for the purposes of aiding in the enforcement of this law ; and the said employees shall be under the sole and exclusive control and direction of the said supei-inten- dent and bound to execute his orders. The salaries and expenses of such employees shall be borne by the railway company, the licensee and the Com- missioner of Crown Lands, jointly. 58 V., c. 19, s. 2. Pay and ex- penses of tuch PenaUy for - refumil to oodiply with rer|iiiremeiit8 of act. " IStlS^. Whosoever unlawfully neglects or refuses to comply with the requirements of this act in any manner whatsoever, shall be' liable, upon a conviction before any justice of the peace, to a penalty not exceeding two hundred dollars, and not less than twenty-five dollars over and above the costs of i)rosecution, and in default of payment the.offender shall be imprisoned in the common gaol for a period not exceeding three months. 58 V., c. 19, s. 2. tTblVrou ht " '***'^^«- Every action for any contraveiition of this act roug . gjjjjjj ^g commenced within three months immediately following the commission thereof 68 V., c. 19, s. 2. Appiionion of i:WJt/. All fines and penalties imposed and coilected under this act shall ])eloiig one-half to the prosecutor and one-half to Her Majesty for the public use of this Province. 58 V, c. 19,8.2. Piwern of jci"iioei of the Cirilimtlon fur ttiuimircK " hot Inlerlerc;! will). " la.ia^f. Any justice of the peace who shall himself view any contravention of this act may arrest the otfender or cause him fo be arrested without warrant, »uid impose* the penalty therefor without other proof; and for the pur- pose's of this law 111) agents for the sale of Crown lands, all employees ol the Depart menl of Crown Lands, all sworn Innd-surveyors, and all fire and wo<»d-rnngi'rs. employed by the Department ol Crown Lands shall be cj;-(;iA(ti Thu CQUimiiiaion'tiraiflCrovvn Lamia iw Huihor* ul tucii lu 1ZC( 1 to employ, between l^u first day of April and the first I / r~f "WOODS AND FORESTS 85 day of Nateraber, for the purpose of enforcing the provi- ""'J^""' ,-^ sions of this law, such number of men as he may. deem necessary, and, in each fire-district so established, he shall ^/'P;^°j^,'"* name a general superintendent of forest fires. 58 V., Csuperinten- 19, s. 2. ., . '*''"'• III. — MISCELLANEOUS. ,A. ^ ins*. Any person who shall -throw or drop on the Person drop- groulid, or any place whatsoever, whether in the forests, P^'^f^^^"™"* open fields, or other placet*, any chemical match, ashes of sii^aii eitin- a pipe, cigar or part of a cigar, or any other burning snbs-^^"^'^ * ^"l" tauce or who shall discharge any fire-arm, shall be bound, under the pains and penalty imposed by the nex^ article for his neglecl so to do, completely to extinguish, before leaving the spot, the fire of such match, ashes of a pipe, cigar or part of a cigar or the wadding of such fire-armor such burning substance. 34 V., c. 19, s. 5, and 58 V., c. 19, 8. 3. 13.1.1. Any person contravening any of the provisions of ^;^";^|y- *»-, the preceding article shall be liable, upon conviction before tion. any justice of the peace, to a penalty not exceeding fifty dollars, and in (^efault of*payjnent of the said penalty and costs of suit, with or without delay, to be imprisoned in the common gaol of the district wherein he shall be con- victed, for a period not exceeding three months, unless the said penalty and costs of suit, together with the costs of ' apprehension and conveyance of the said ollender to the said common gaol, be sooner paid, or to be imprisoned in the said common gaol, for a j)eiiod not exceeding three mouths. 34 v., c. 19, s. 6. i - • !»>«. Any person of full nffc may prosecute for any J^^;;;;;y contravention of this subsection, and one half of the penalty, Ai.piipution in rase of conviction shall belong to the prosecutor, and "' i"'"""? the otlier half to the (Jovernment ofthis Trovime to form part ol the consolidated revenue tund. 34 V., c. 19, 8. 7. i:W7. Every such suit shall be commenced within the |;;;™^'"^\°^^° thn>e months, inimeilialelj followiui; such contravention, and not afterwurdB. 34 V., c. 19, s. 8. i;WH. Any justice of the peace, who shall himself view -J:';;^ ?,;"„;'„„ (inv contravention of tlu' above articles 1354 and 1865, may ,„„y impon. therefor without other proof, and, '"r.i;;";^"'"* impose llie penalty theretor witliout other prooi, ano, loi tht> purposes ol the said arti<'les, all acrenis for the hale o Crown lamls. all employees 'S^^^:r-f «^^-n I^nds shalHe..^^ ■^ ^^ -Forests ^rees a., t^e P,arUi„, an^ CnUi.aUon ,.ereof. plant any pirt of su^hLHott^^^^^^^^^^ "^ '"^ ^""^' «^^" with forest trees, shall b "en he n '^''^" ^""^ ^''''^ i" *-^^tent, every acre of land so planted 1 1 n 7 1^'"' •'" ''«''^P««t of o^r aXl Jor^'^'^'^^^ ^---"^0 an^'xed^^^^^^^^^^ ^"/^ f-:-.of viiege, theV |o Purchase; to such an amount nYt tl a ^"^*^«"ze him "-.der. lars any of the public Eswhf.K'^V''^ ^"^'^''^ <1«J- within theCVown^Lands Scy t w^ ^' ^f ^^^ ^^^« been planted, or should here be m. ., K '"''^ ^'^^^^'^ ^^^^^ the nearest agency subiect tn tL T ^^, ^"^'"^"y' ^^^n in Condition, of the time beino- n Vr ? ^ ^^ '^"^^ ''^"^ r«gMiitions for "--^0^- public lands^ ^''''^ regulatmg the sale and d^'os^iTf thS^h:t.?j!i'£::r^^;^l^t be satlslactorily shown at least three years "hit /h. . P"''P«'*'^« «f planting for S---^^ ;>'^\y «^ate, an'dXt^t! .^ ^^^^^ J vigorouf and Hmong.L, both sheep and cattle ' ^^'"'^^'^J' ^•'"••t'd against not to prevent I'rovided alwiivs tJi..f ;e L , / ■ the forest tr Is nani^'""''^ '^T'^^ ^^' «^nltivated ,uno„.. (>y reason only ol' h l"" 1!"^ ^""^'; «"^h land shall nor be l.ot devoted on ; , pZ^'^7^''T^. ^-J-med to to this subsection. ^ 45 V c ] 3 ^^/''^^'l^^^^'^^'S according ■ land orders being iseuod Land order ig transreruble. Void afte;> Certain time. Only one order forjinnd planted. Lieutenant- Governor in Couneil iniiy make certain regulations. May appoint "Arbor buy. not ■■x-rn.cj „i,hi„ -,„^X p7Z In 'Y'?'' »"'^' '< i:ifij|. The Lieutenant-dovernor ,„ n > I'landng of forest trees. 46 V , IS ^ ^^' '""■ *^« i f •'«- "N-.^.. ^J^, -,i.- ■ i^Jiudsi-,^ ■ ' 5T'5;i«"!«*paf«fJ7*T 'g ions Ac. WOODS AND FORESTS V.,o. 18,s6 '"^'"''"S'" ^iqaired thoreuader. 45 -5 b. money of public lands aJpnIiV>„^fif "* ""^ ^^^ purchase ;"'y '"'•■«- such land 'order and sLf g" vrtoihe Z^""; '^^ "^^"^ «^"' '^" -"" order a receipt or c'ertifi< a£ LI ? X.^\^^^ *^^ ^"'^h land *"""■ effect a* if the purcW r^^!' ^f ^ '.^?" ^*^'« ^he same iu oash. accordh.; toTa^^^ ^^ had been paid public lands. 4o"v!n3s 6. ''*'''"' ''*''^'^'^*^"^ thjrb^- gilen"^p^Vt'he'^^nl'' ^"' ^''" ^""-^ «^«^^''«^d, it Return of b vcu up to the Commissioner. 45 V., c. 13 g 7 '""d order. , nnlTit i^o/MyTcLlnTSanS"?" *^^^ ^"^^^-*'- «^-' - hundred acres • but if Vnl^:! T^ '^''*''' "«^ «^«eed two''""^/"''^' order for less (hanfiVtVacr^i^^^^^ to a land-*^"'"^- money, under the'same' terms ''^H^ ^Y.'^" ^^'^"^^^ '"^ lands are acquired. 45 V c 13 « 8- ''"' ^' P''^^'" coSjl:;^;;^^;^;^^^^^ .hall becen.np.„. section. 45 V <• 1? « q Pensions of this sub- '"« '"i^" » •1 >'• xo, s. y. fHinplinnoo . I* Willi Bubseo- :ft \ SCHEm-LE nKFEHRED TO IN AHT.a.E i;{3a. t.^;Vu:h^^':;:;;i:!;*S;;^°r;-,i^ -« -ted by .nhs..o- the Revised Statul^, o'th ^^'o^^ '^'i'"'^^'' ^^-^^ of iorest trees and the piautinV J, d .n/^"'! '' T'^*''*'"^' hereby authorize ^ ""^ cultivation thereof, f i" the district of ^ ^^ . to th.i amount ,. > to purchase public lands in the Crown Lands' ag,„cy c"'"'" '"'^ "'' '^^ or selection, ^^•i(hout payment in cash^K **''**" ^^r sak, however, l„ t h . mo J d. ^h.l.A'^'J^'^^'^' '^"^l-t, ^>>>ve.,..,,^.,:-a-:hel.nSSUS^^^ ^^%^ s? ^ # r- t i ' -^;; 'I i ! !'llt ' ■*Sf '^|5!«^»??Hf^'-^*»' 38 CROWN LANDS' DEPARTMENT Dated at , the day of .18; . 45 v., c. 13, Schedule. (Signature,). Commissioner of CroWn Lands. t SECTION Va.i) . CULLING AND MEASUREMENT OF TIMBER CUT UPON CR0W^ •» " A- Interpretation of arpretatic ' W. " Culler. CROWN LANDS, " ^^•~ Declaratory and interpretative. «J' ^^.•^f P'-^s^ion-" log" includes all logs of timber of every kind and size, whether round, squarf or otix^ise [ 2. The expression " culler " means" any pei-son emnloved or engaged in measuring logs of anv kiL of fi.^ ^^^^ construction or other pufposel out ^n C Jw Suk^ . ^ovS. ^f ttn rr ^-^^^^^-Son^vir^^h^^;;:;;: " § 2— Board of examinees for cullers. ^ S^tipenciinry magistrate. Appnjntment "I l)inir(i cif exaiuiners. lllOJSc. The Lieutenant-Governor in Comui) m„,- ,-ml » b..„M of ,..™i„er, f„, culleCcoS LTf'.h™': ski iwl ,>er«on?, (wo of whom shall bo officers of ^hll^ . ii,did»l,.s lor li, „„8„s to ,-ull M,d measure limhor ou on o^z :",''"i,::r ",■"■"*■,•' """ ^'""■' •>" ^gh ,«"„ ; ™ i™ 64 V c. 14,. i! «l«»mslral,ve or revenue i>ur,»se»: -t-*' — A ^^ar^X-^.TrW "-- -^ %^',^^ . "4. ' "'"A'-'-'H'' *" I ''* ! ^^»^ T WOODS AND FORESTS 39 13«Sr/. In addition to thV duties aforesaid, the mem- ^^"/^^J'f^Jj^^- bsrs of the boards aie bound to perform the other duties whi(>h may be assigned to them by the ' Lieuteuaut-G-o- vernor in Council. . , Two of the members of the board constitute a quorum ^^^^^"^ »f thereof. 51 V., c. 14, s. 1. " I368e. Before entering on his duties, each examiner Oathjif office shall take, before a justice of the peace, the affidayii con-" """" *"' tained in • from A of this act, which affidavit shall, as* soon as- taken, be transmitted to the Commissioner of Crown Lands. 54 V., c. 14, s. 1.. . " ItlCS/". The Lieutenant-G-overnor in Council may au-Paj^ont.of thorise the payment, to each member of the board of exa-""*"" *"' rhiners of a sum not exceeding four dollars per day while ^uch examination lasts. 54 V., c. 14, s 1. " I3«8ir. The board of examiners shall sit at such places Meetings of o ir»iiiyT ■• r/'i bofira when and dates as may be fixed by the Commissioner ot L^rown ,i„d „i,„e to Lands. . ■ '''''""''• At'the close of the examinations, orfls soon after as may Rj^oh I'y be, the board shall transmit to the Commissioner of Crown Lands the names of such as they belreYe are trust worthy .and of good character, who have pass&d a satisfactory exa- mination and are recommended as being qualified to per- form the duties of culler. Candidates shall present themselves on the day fixed [;;'"^'|;;i«^;;y^o for the sitting of the examiners as aforesaid, after giviHlr|^;;'|V;Xro preceding article, the candidate shall take the oath of rcmiving office contained in from C of this act. licuiine. .Such oath shall be taken before a justice oft he P^acc and Uj-fj;re jiu;« . be transmitted to the Commissioner of Crown L^rnds. 54 • v., c. 14,8. 1. ^ ■ ~- j ■^ — A S.itJiLi^-i 3. i»i^._t^£higafc.^^^-^tjai .j^tJt;.)^^ ^j if * 1 M«,aaiBWMa«Hs.a ^SB^^aai ..'^v»>.->ir..r.^ " :, J~'ni.rr iwoiai ,P- I n ? ■ I 40 None but licensed cul- lers to act. J, CEOWN lands' DEPAETMENT Duration of 8j)cciul lioenge ' 19CSJ, No person other than a culler licensed under this act shall make measuremeijts of timber cut upon' Crown Lands or upon which thje Crown ija^ h^ve dues to receive for administrative or revenue purposes, "^X^ept when the Commissioner is satisfied that the services of a licensed culler are not procurable - in which case he mav issue a special license to a competent person, authorizing him to act as culler after taking the prescribed oath. Such special license shall not extend bey9nd the.first day of July next following its dale. 54 V., c. 14, s. 1. Duty of ouUor. I!tG^A'. Every culler shall measure, fairly and correctly, to the best of his skill, knowledge and ability, all timber of whatsoever kjnd he may employed to measure under this act, making such deductions as are necessary to allow for defects and taken note of the timber rejected as worthless, commonly called " culls," the whole in accordance with the laws and regulations of the Di-'partment of Crown Lands. 54 V., c. 14i. s. 1. Books &c , to be submitted to inspection of Crown timber agent. Returns hj cullers. What to con- tain. Ciinocll.ilion of license. Effect thereof. i;iO>'/. Licensed cullers shall submit their books and records of measurement for the inspection of the Crown timber agents when called upon to do so and furnish any information and doruments which the Department of Crown Lauds or its agents may require. 54 V., c. 14, s. 1. IJMiSwj. At the end of each season, it shall be the duty of every culler to make a sworn return upon forms supplied by the Department of Crown Lands or its agents Such report shall contain the number of pieces of timber measured and accepted, the quantity, and quality of the timber, the lengths and diameters and also the number of the j)ieces rejected as worthless.^ 54 V., c. 14, s. 1. i:i6Hn. Should any culler neglect or refuse to comply with the provisions of this'act or of any regulations made under it, the Commissioner of Crown Lands may cancel his license. * From and after the cancelling of such license, such culler (finnot thereafter cull or measure timber cut on Crown Lands or on which the Crown may have dues to collect for the above mentioned purposes, under penalty of a fine of not less than ten nor more than fifty dollars, with costs, . to be recovered on summary conviction before .a stiju'ii-' diary magistrate or in default of payment thereof impri- sonment of one or three months itt the discretion of the magistrate," in the common gaol of the diNtri<'t in which the offence was committed. 54 V., c. 14, s. 1. i\ i^Vl X. WOODS AND FORESTS 41 e license of every fculler who wilfully makes CanoeiHng of ■ • • ' false "°*""'^- false mealurements, illegally rejeptfiitimber or makes the purpose of i^y b'e cancelled returns fcff the purpose of decefwi% or defrauding the Province After t^^ Cancelling of the license, no such culler shall Penary/"' "^ - - .performing have the right to perform his duties as such, under penalty dutiei after of a fine of jipt less than twenty nor more than one hun- license d ed cellars', jecoverable on summary conviction before a"*""* stipendiary magistrate or, in default of paymentt of an imprisonment of one or three months at the discretion of the Co^irt,"^ in the common gaol of the district where the ofiencd^was committed." 6l4 V., c. 14, &. 1. * FORM A. OATH OP OFFICK OF EXAMINEES OP CULLERS. 1 do solemnly swesy that I will perform the duties of exa- •miner of cullers to the best of my knowledge and ability ; that I will conduct th^ examination of candidates for licenses as cullers of timber, without fear, favor or affec- tion, and recommend for licenses only those persons who have proved their fitness to discharge the duties of culling and measuring logs of any kind of timber (for construction or otherwis*^) <^ut on Crown Lands or subject to any di^es for administrative and revenue purposes. A. B., ■ Examiner of cullers. '.Sworn before me at / this day of , ' 18 . \: -S4 C. D. Justice of the peace. 64 v., c. 14. Form A. The Statute M V., 0. 14, «. 2, enacts a« folloWi ;/ The OoinniiMioner of Grown Lands shall, within' nt least two uooths after the sanction of thii act, cause to be sent to all holders of timber licenses and purchasers o{ liinils, a notice of the day, date and place nt which are to be held the oxiimina* tions of oandidntes for licenses to cull timber, under this act, and may give all other notices which h« may deem adYi«able in the newspapers or otherwise. 1"-^ '.'I'.'t/ ,i» ji. ^'<,/ i| || i ,i."'.tij»# »#»i v*» ' .'.Tfvi 42 CROWN lands' BEPARTMENT FORM B. lilCKNSK TO CULLERS. i To of the district of • By virtue of the authority vested ijj me by the *' Quebec Cullers' Act ". I hereby authorize you to a,ct as culler and measurer of timber cut upou Crown Lauds or subjedt to any dues whatsoever for administrative or revetiue pur- poses. This license sHBU continue in force during good pleasure. . Giving at this day in the year of Oar Lord, 18 (Signed), Commissioner of Crown Lands. 64 v., c. 14. Form B. ' FORM C. OATH OP OFFICE TO BK TAKEN BY THE CULLER BEFORE \^ RECEIVING HIS LICENSE. do solemny swear that I will perform the duties of culler without fear, favor or affection, that I will cull and mea- sure correctly all timber cut upon Crown Lands or on which there may be any dues whatsoever to be collected by the Crown for administrative or revenue purposes, and that I will make true returns of the same to the Depart- ment of Crown Lands or its agents when so required. CD. Sworn before me at this day of 18 54 v., c. 14. Form C. S^ ^"TT ^ % >'-fl"^V^"- *yV*'j -' "'''?«' 5 *?^'"~ *>•"%"'. "w-i;'^,»5' .',' ■^ •»•, g«>''-"«^'^!/ WOODS AND FOBESTS 48 ) SECTION VI. ESCHEATS AND PHOPERTY CONFISCATED TO THE CROWN. 1869. Property that has devolved or shall devolve upon ControU^fes- the Crown by escheat and property confiscated for any oonfisoated cause whatever, except for crime, are under tb# -control of property. the Commissioner of Crown Lands. 48 V., c, 10, s. 1. 1370. Such property may be sold, ceded and transferred P^Pfj'y """r • , > _ , ' \~, .y-^.i \_ J. be sold, &o. by the Lieutenant-Grovernor in Council upon such condi- tions as he may impose. 48 V., c. 10, s. 2. 1371. The Lieutenant-ao vernor in ' Council faay also dis- ^,Them"7 pose of the whole or part of such property tratuitously,diepo«e(i of. with or without conditions, in favor of any p^son what- ever, with the view either of transferrinhe manner ^j^o bed is- . regulated by artides 1870 and 1371, all interest in, rights poeed of. over or pretentions to the said property ; and the trans- feree may in htsyown name apply to the courts to be placed ' in possession and adopt all proceediug| which the Crown might adopt. 48 V , c. 10, s. 4. 1378. This section does not apply to confiscated ^^^ ^"^^1"^'°^'' escheated property with respect to which there exist special affected, statutes. 48 V., c. 10, s. 6 ; 51-52 V., c U, s. 1. —on' .'I ^^-■^"■""^ ■*■ .' • ■ ,-'^ — ^ ; U. .U - . _..::: '* ' . Vf ■ f ■ ■• % • - ' - , . ■ i- ^ . .. ■. .*>J^. . . /