Imágenes de páginas
PDF
EPUB

Departmental and other

officers may be appointed.

Former Act

to remain in force and apply.

7. The Governor may also appoint, subject to the "Civil Service Act, 1868," and at his pleasure remove such Departmental Officers, agents, clerks and servants as may be requisite for the proper conduct of the business of the Department at Ottawa, and also such agents, officers, clerks and servants as may be necessary for the same purpose in the North West Territories, and amongst the Indians, and elsewhere in the Dominion.

8. The several clauses of chapter forty-two of the Statutes passed in the thirty-first year of Her Majesty's reign, entitled "An Act providing for the organization of the Department of the Secretary of State of Canada, and for the management of Indian and Ordnance Lands," relating to the management of Indian affairs and lands, and of Ordnance lands, shall govern Subject to the the Minister of the Interior in the several matters to which they substitution of relate; and wherever the words "Secretary of State" or "Department of the Secretary of State" occur in those clauses, the words "Minister of the Interior" and "Department of the Interior" shall be deemed to be substituted therefor.

certain words.

Indians may be exempted from the operation of this Act.

Geological Survey.

. Yearly report

9. The Governor in Council may, by proclamation, from time to time, exempt from the operation of this Act, and of the said Act, chapter forty-two of the Statutes passed in the thirty-first year of Her Majesty's reign, or of any one or more of the clauses thereof, the Indians, or any tribe of them, or the Indian Lands, or any portion of them, in the North West Territories, or in the Province of Manitoba, or in the Province of British, Columbia, and may again, by like proclamation, from time to time, remove such exemption.

10. The Geological Survey of Canada as now existing shall be attached to the Department of the Interior,

11. The Minister of the Interior shall annually lay before to Parliament. Parliament, within fifteen days after the meeting thereof, a report of the proceedings, transactions and affairs of the Department during the year then next preceding.

Secretary of
State of Ca-

nada to have

12. The Secretary of State of Canada shall have charge of the State Correspondence with the Governments of the several charge of State Provinces included, or which may be hereafter included, within the Dominion of Canada.

correspond

ence.

Other duties of

State for

Canada.

13. The remaining duties hitherto discharged by the SecreSecretary of tary of State for the Provinces, as regards matters other than those relating to the subjects by this Act transferred to the Department of the Interior, shall devolve upon and be discharged by the Secretary of State of Canada, to whom also is transferred the duty of supplying the stationery required by the several Departments of the Government, and the charge of that branch of the public service; and the Queen's Printer shall be held to be an officer of this Department.

Stationery
Department.

Queen's Printer.

14. The Office of Secretary of State for the Provinces is and Certain office stands abolished.

abolished.

shall come in

15. This Act shall only come into force after the expiration When this Act of one month from the publication in the Canada Gazette of a force. Proclamation to that effect under an order of the Governor in Council.

consistent

16. So much of any Act or law as may be inconsistent with Repeal of inthis Act, or as makes any provision in any matter provided for enactments. by this Act, other than such as is hereby made, is repealed, excepting as to things done, obligations contracted or penalties incurred before the coming into force of this Act.

C. S. CAN. CAP. 23.

An Act respecting the sale and management of Timber on Public Lands.*

H

ER MAJESTY, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

LICENSES TO CUT TIMBER ON PUBLIC LANDS.

censes to cut

1. The Commissioner of Crown Lands, or any officer or Commissioner agent under him authorized to that effect, may grant licenses ofCrown Lands to cut Timber on the ungranted Lands of the Crown, at such may grant lirates, and subject to such conditions, regulations and restric- timber on pubtions as may from time to time be established by the Governor in Council, and of which notice shall be given in the Canada Gazette:

lic lands.

2. No license shall be so granted for a longer period than Period of twelve months from the date thereof; and if, in consequence of license. any incorrectness of survey or other error, or cause whatsoever, a license is found to comprise lands included in a license of a prior date, the license last granted shall be void in so far as it interferes with the one previously issued, and the holder or pro- As to interferprietor of the license so rendered void shall have no claim upon the Government for indemnity or compensation by reason of such avoidance.

ing licenses.

2. The said licenses shall describe the lands upon which the Form of Timber may be cut, and shall confer for the time being on the license and its nominee, the right to take and keep exclusive possession of the lands so described, subject to such regulations and restrictions.

By 36 V. c. 4, sec. 4, page 545, ante the control and management of all Crown Lands, being the property of the Dominion, is assigned to the Minister of the Interior.

legal effect.

Proceedings pending when the license expires.

Return to be

sons obtaining licenses.

as may be established;-And such licenses shall vest in the holders thereof all rights of property whatsoever in all trees, timber and lumber cut within the limits of the license during the term thereof, whether such trees, timber and lumber are cut by authority of the holder of such license, or by any other person, with or without his consent;-And such licenses shall entitle the holders thereof to seize in revendication or otherwise, such trees, timber or lumber where the same are found in the possession of any unauthorized person, and also to institute any action or suit at law or equity against any wrongful possessor or trespassers, and to prosecute all trespassers and other offenders to punishment, and to recover damages if any :-And all proceedings pending at the expiration of any such license may be continued to final termination as if the license had not expired.

OBLIGATIONS OF PARTIES OBTAINING LICENSES.

3. Every person obtaining a license shall, at the expiration made by per- thereof, make to the officer or agent granting the same, or to the Commissioner of Crown Lands, a return of the number and kinds of trees cut, and of the quantity and description of saw logs, or of the number and description of sticks of square timber, manufactured and carried away under such license; and such statement shall be sworn to by the holder of the license, or his agent, or by his foreman, before a Justice of the Peace; And To be attested any person refusing or neglecting to furnish such statement, or evading or attempting to evade any regulation made by Order in Council, shall be held to have cut without authority, and the timber made shall be dealt with accordingly.

on oath.

Timber liable

followed until

4. All timber cut under licenses shall be liable for the payto payment of ment of the Crown dues thereon, so long as and wheresoever dues may be the said timber or any part of it may be found, whether in the they are paid. original logs or manufactured into deals, boards or other stuff,— and all officers or agents entrusted with the collection of such dues may follow all such timber and seize and detain the same wherever it is found until the dues are paid or secured.

The giving of

not to affect

5. Bonds or promissory notes taken for the Crown dues, bonds or notes either before or after the cutting of the timber, as collateral the lien on the security or to facilitate collection, shall not in any way affect the lien of the Crown on the timber, but the lien shall subsist until the said dues are actually discharged.

timber.

Sale of timber

payment of

dues.

6. If any timber so seized and detained for non-payment of seized for non- Crown dues remains more than twelve months in the custody of the agent or person appointed to guard the same, without the dues and expenses being paid,-then the Commissioner of Crown Lands, with the previous special sanction of the Governor in Council, may order a sale of the said timber to be made after sufficient notice, and the balance of the proceeds of such

sale, after retaining the amount of dues and costs incurred, shall be handed over to the owner or claimant of such timber.

LIABILITY OF PERSONS CUTTING WITHOUT LICENSE.

timber without

7. If any person without authority cuts or employs or induces Penalty on any other person to cut, or assists in cutting any timber of any persons cutting kind on any of the Crown, Clergy, School or other Public Lands, license, &c. or removes or carries away or employs or induces or assists any other person to remove or carry away any Merchantable timber of any kind so cut from any of the Public Lands aforesaid, he shall not acquire any right to the timber so cut, or any claim to any remuneration for cutting, preparing the same for market,

or conveying the same to or towards market, and when the If the timber timber or saw-logs made has or have been removed out of the has been reach of the Officers of the Crown Lands Department, or it is removed, &c. otherwise found impossible to seize the same, he shall, in addition to the loss of his labour and disbursements, forfeit a sum of three dollars for each tree, (rafting stuff excepted,) which he is proved to have cut or caused to be cut or carried away,-and such sum shall be recoverable with costs, at the suit and in the name of the Commissioner of Crown Lands or resident agent, in any Court having jurisdiction in civil matters to the amount Party accused of the penalty;-And in all such cases it shall be incumbent on must prove the the party charged to prove his authority to cut; and the aver- granting of ment of the party seizing or prosecuting, that he is duly employed under the authority of this Act, shall be sufficient proof thereof, unless the defendant proves the contrary.

license.

to be unlaw

davit, &c.

8. Whenever satisfactory information, supported by affidavit Timber alleged made before a Justice of the Peace or before any other compe- fully cut may tent party, is received by the Commissioner of Crown Lands or be seized on a any other officer or agent of the Crown Lands Department, that sufficient affiany timber or quantity of timber has been cut without authority on Crown, Clergy, School or other Public Lands, and describing where the said timber can be found, the said Commissioner, officer or agent, or any one of them, may seize or cause to be seized, in Her Majesty's name, the timber so reported to be cut without authority, wherever it is found, and place the same under proper custody, until a decision can be had in the matter from competent authority;

mixed up with

2. And where the timber so reported to have been cut without As to timber authority on the Public Lands, has been made up with other so cut and timber into a crib, dram or raft, or in any other manner has been other timber. 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 Public Lands, and shall be liable to seizure and forfeiture accordingly until satisfactorily separated by the holder.

Seizing Officer

may command

Violent resistance to be

RESISTING SEIZURE-REMOVING TIMBER SEIZED- -CONDEMNA-
TION OF SUCH TIMBER, &C.

9. Any officer or person seizing timber, in the discharge of assistance. his duty under this Act, may in the name of the Crown call in any assistance necessary for securing and protecting the timber so seized; -And if any person under any pretence, either by assault, force or violence, or by threat of such assault, force or violence, in any way resists or obstructs any officer or person acting in his aid, in the discharge of his duty under this Act, such person, being convicted, shall be adjudged guilty of felony and shall be punishable accordingly.

felony.

Carrying away timber under seizure to be

10. If any person, whether pretending to be the owner or not, either secretly or openly, and whether with or without deemed a steal- force or violence, takes or carries away, or causes to be taken ing thereof. and carried away, without permission of the officer or person who seized the same, or of some competent authority, any timber seized and detained as subject to forfeiture under this Act, before the same has been declared by competent authority to have been seized without due cause, such person shall be deemed to have stolen such timber being the property of the Crown, and to be guilty of felony and liable to punishment accordingly;

Burden of

have been

to lie.

2. And whenever any timber is seized for non-payment of proof that dues Crown dues or for any other cause of forfeiture, or any prosecution paid, on whom is brought for any penalty or forfeiture under this Act, and 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 land 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.

11. All timber seized under this Act shall be deemed to be Timber seized to be con- condemned, unless the person from whom it was seized or the demned, if not claimed within Owner thereof, within one month from the day of the seizure, a certain time. gives notice to the seizing officer or nearest officer or agent of the Crown Lands Office, that he claims or intends to claim the same; failing such notice, the officer or agent seizing shall report the circumstances to the Commissioner of Crown Lands, who may order the sale of the said timber by the said officer or agent, after a notice on the spot, of at least thirty days;

Judge may order timber

to be delivered on security being given.

2. And any Judge, having competent jurisdiction, may, whenever he deems it proper, try and determine such seizures and may order the delivery of the timber to the alleged owner, on receiving security by bond with two good and sufficient sureties to be first approved by the said agent, to pay double the value in case of condemnation,-and such bond shall be taken in the name of the Commissioner of Crown Lands, to Her

« AnteriorContinuar »