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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[
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.. 18&4
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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
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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 .
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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<UliPrpb y„ . •
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Revocation of
powers.
He shall be
Bjvorn.
% ■
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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.
..«^.;
niT<i"ion of
Prnviiipe into
agen^Ma.
\
§ 1. — At^rniiex.
1217. For the pur]>ost'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 !<BB .iiiiiH i > 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 <h'f*iLrnalion for the piirpoHCN of"'"
adminiutiation shall still continue. 3:2 V., c 11, s. 4ti.
CROWN lands' department
V
§ 2. — General Provisions.
\
Lieutenant- 12^1. The Lieuteiiant-Grovemor in Council may, from
ijovernor in 'i • i. j.- i 1.1 ,
Council iDfty •'1'^*^ to time, make such orders as are necessary to carry
rfiinke ordirs out the provisioiis of this chapter aceordiner to their obvious
for carrying ;,,i.»„i s_ i„ * v.: .u ;__ .. j p „ i • 1
out this
chiijiter.
"^ intent, or to meet cases which may arise and for which no
provision is made by this chapter. 32 V., c. 11, s. 10, § 2.
Orileri' to be
publifhecC
Order? not to
be inconsist-
ent with this
cbapter and
(.■xereise of
powers there
under.
12*13. Such orders shall be published in the Quebec
Official Gazette and in such newspapers as the Commis-
sioner may direct, and shall be laid before the Leo-islature
within the first ten days of the session next after the date
thereof.
No such order shall be inconsistent with this chapter,
save that the powers, hereiit- given to the Commissioner of
Crown Lands, may be exercised by tjjte Lielitenant-Governor
. in Council and .shall be subject to any order in council,
regulating or affecting the same from time to time. 82 V.,
c. 11, 8. 10, § 2.
mado.
^Rd'v"'"""- '*•'*• All affidavits required under this chapter, or in-
der I'lli/cimp- tended to be used in reference to any claim, Imsiness or
termajbe tnin.sactlon iu the I)ei>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(<istant commissioner, or any olficer or agt>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. <lociUT)entH, - l >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 •«>
t<hal 1 not be for more than two hundred acres, purchase any '"' '"'''*• ,
land which he is appointed to sell, or become proprietor of
or interested in any such land, durincr the time of his
agency, mid any such purchase and acquiring of interest
sh!ill be void. 32 V., c. 11, s. 7. • ^ «=
1237. No other person holding an office or employed in Employee, of
the department shall, while holding Buch office, or employ- Dr;,,^:':^
ment, directly or indirectly, unless under an order of the""' '" ""tfio
Lieutenant-Governor in Council, purchase any right, title ;a,!;".'„Hand
or interest in any public land, either in his own right or '""P. "r take
by the interposition of any other person, or in the name oflervitV"®""''
any other person in trust for himself, or shall take or
receive any fee or emolument (or negotiating or transacting
any business connected with the duties of his office or
employment.
2. Any title or interest thus obtained shall be null and ''*"''"'•
void and an^erson contravening this or the preceding
artK'le ^hall forfeit his office or emplovment and be lia])le
to a jK'iialty of four hundred dofla/s to be recovered in nii
action of debt by any jjcrson suing for the same ' 32 V
f. 11, ss 7 and 39.
t9ns If any agent shall kiwnvingly or fals<'ly inform, or '•<'">i'.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 lan<l
which the jx-rson so applying olh-red an<l was entitled to
lorate or purchase, to be recovered bv a<tioii ol debt in any
court of re.ord huvinjvjurisdittion for that amount. .•!2 V.
c. 11, s. 40. * ' .
ItlAO. Wh(>never 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<i°
gaols court houses, public parks or gardens, town-halls ^r »'•'"■"'•
a'rTnuf'^ "'vK-^'^^^f worship burfing-gro'und, school; "^^T^
agriculturaexhibitW or for other like public purposes
or for model or indualfrial farms ; and, at any time before
the issue of letters-patent therefor, may revoke such appro-
priation as seems expedient. if
He may make f/ee grants for the purposes aforesaid, the
trust, and uses ^o which they are to be subject being
expressed in the/letters-patent. 82 V., c. 11, s. 14,
^1267. Nosi/ch grant shall be for more than ten acres Ex.ont of
in any one ins(tance, for any one of the purposes aforesaid '''"'^ '" *>«
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' <s|- lip ^^J(i -ji^'i. «T5v;«fi»;?H4l^i7*^t''*'^';^'^j^*w*ipm,r^|
r'
10
CROWN LANDS' DEPARTMENT
SofX ^^t"^V^°'"J" ^^.^^'^^ ^«dlock, have a right to a grant
lie land. subject to the ordinary conditions of setflpmR«t ^f ^,.,>
.=,.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
."■ ■*
1<J.
11 -k
SALE, ETC., m LANDS.
11
fer, with the formalities reqoirod for registration-, may /
iurnijjh such proof as the f !ommiflfeioner may deem requi-
site in suppftrt of his application ; and, in such case if
a«cordmg to the proof, the appHcat ion/be found just and P?oof required
equitable the name of the petitioner shall be substituted
tor that ot th.) precediui? purchaser. 45 V., c. 10, s.-3.
I-2'^I. It is har»>by 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<<vd
to [)ohI a nolici' setting forth that such cancelling is to take
l)lare, or have it i)osted on the door of the^church nearest
NoiffioMion J^' 'f»'' '"':'* 'n /invsiion and, in addition, to notify tin*
Id iioiderH, Ac. holders ol location tirkets or their assigns niidef registered
transfers, by I tter or imsidu-d, if they be preseirt and ho
knows their ad<lress. 4.> 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<ation, lease 'r:;7„le to
or license of occupation thereof or when any person is '.''^'V" "''
.. wrongfully ur possession of pnblic land and refuses to^Zr"'
vacate or abandon possession of the same, the Commisioner ""*'""'' '^•
may apply to a judge of the Superior Court having iuris-
diction 111 the district in which the land lies for an order
in tlie nature of a writ of possession.
The judy-e, upon proof to his satisfaction that the rio-ht I'-^oof order
or title of the per.son to hold such land has been revoked "^ ^"'"'""""•
or cancelled as aforesaid, or that such person is wrongfully
in p(|,sses8ion of public land, shall grant an "order upon the
purcti^ser, lessee or person in possession, to deliver up the
same (o the Commissioner or person by him authorized to
receive the same.
Such order shall have the same force as a writ of posses- Kff''etof
sioii ; and tA« sheriff, or any bi.iliffor person to whom the"'^'"'-
sam.- may -|J« entrusted /oR^exe.nition by the Commissioner,
snu 1 exeeute th^ same in like manner a.s he would execute
su.h writ in an action of ejectment or m a po.ssessory ac-
tion. ;i2 v., c. 11, s. 21. - ^
l*J«a. When, by law or by any deed, lease or agreemeni 'i"" ""tioe
rHatiny to any of the laiids,thiM-,'iM referred to, l,ny noti.v "'""""' «''•"•
■ j''['''|'i'rV'ltobeirin>„, 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 <lerical. error or
Erronontis
pnlentii inny
be cannolleil
and onrreol
wli'e'n 'hero is niisiiduier, or wrong description of the land thereby intend-
ed to Vh' granted, the Commissioner (there being no adverse
I'lHitn.) may direct such dt>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-
«<i, or sorip,
^oerti6cate
inny bo grant-
ed.
Proviso.
l»OI Whenever, by reason of false survey, or error in
the books or plans of the Department of Crown Lands, any
grant, sale or appropriation of land is found to be deficient,
or any pared of liuul contains less than the quantity oi
land inentioned in the patent therefor, the Commiss^ioner
may order the purchase money of so much land as is defi-
cient, with the interest thereon from the time of the appli.-
cation therefor, or, if the land have passed i'H)m the original
purchaser, then the purchase money which the claimant,
provided he was ignorant of a deficiency at the time of his
purchase, has j>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 <ase of a
free giant, he may order a grant of other land, e jual in
valne to the land so intended as a free grant at the time
such oranl was made ; but no such Claim shall be erTTeF"
tain«'(l unless application has been made within five years
from the date of the patent, or unless the deficiency is equal
to one-tenth ol the whole quantity mentioned in the graut.
Compensa-
tion f,>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<?tter8-patent. 32 V., c. 11, s. 29.°
^A^u -^Ij ^^"^^"^8 for annulling letters-patent may be
made by suits in the ordinary torm, or by anre facias, upon
information brought by the Attorney General, or any other
officer duly authorized for that purpose. 82 V., c 11 ss 80
and 81 ; 50 V., c. 7, s. 6.
A' whoso
suit.
Procedure in
audi suits.
Appeal.
Co mini ?-
sinnsr may
li^iiim I'l'rtaiii
P'lrts of Miiiii
ooli^iin
Puniiisula.
li« JiiU-rfiTcd
Willi, >(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<l i""- '^''-
t ,
j:)
24
Prooppilings
pending when
the licuu^o
expires.
CROT^TN lands' department
also to institute any action or suit against any wrono-ful
and other offenders to punishraeut, and to recover the
damages suffered. C. S. C, c. 23, s. 2.
? ■ '
sn.'^lf: ^" l^^*'<!«d'"^.P^nding at the expiration-of any
1 Wn J r'f ""'^^ be c0ntinH«d to final termination as U the
Jiceuse had not expired. C. S. C, c. 23, s. 2.
v..
/
' i
-«;*
II.— OBLir.ATlON OF PARTIES OBTAINING LICENSES.
mldX'pe'r! ^^^^ ^vCTy person obtaining a license shall at the
^.... oi„„i„i„g expiration thereof, make to the officer or lu^ent ffrantino- th^>
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, an<l'6f the quantity and descripUon of
saw logs, or of the number a!,d description of s iVks of
».tlO. Such statement shall be sworn to by the holder of
the license, or by his agent, foreman, or chief maiZ no-
man, before a justice of the peace. C. S. C., c. 23 ss!^^
Jit^L.t""^ ^"T"" '^^''''''^ ^^ "^g'^^ting to furnish su.h
statement, or evading or attempting to evade anv regnla-
tirt, made by order ,n council, shall be held to have cut
without authority, and the timber made shall be dea
^Vlth Accordingly. C. 8 C, c. 28,'8. 8 •
TlBtnrn to be
Bworn to.
Pennhy for
ncjticct (o
I'lirnish sfiito-
ment.
.'I!.!mw-^' rn<>rchan 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(^<J»»i
WO&DS AND FORESTS
26
eufltody of the agent or the person appointed to guard the-
same, without the dues aud expenses being paid, the Com-
missioner may order a sale of the said timber to be made,
after a notice of fifteen days has been given at the place
where the seizure was effected. 68 V., c. 18, a. 1.
irt^l. The balance of the proceeds of sUch sale, after fa'anco t" be
retaining the amount of dues and costs incurred, shall be ''^"'^"'^ °''"
handed over to the owner or claimant of such timber. C.
S. C, c.*28, s. 6. . *
III. — PENALTY ON PERSONS CUTTING tiMBER WITHOUT LICENSE.
I3'J2. If any person, without authority, cut or employ Penalty on
or induce any other person to cut, or assist in cutting any ['i"°°/|'^^M'
timber of any kind on any public lands, or remove or carry withoat
away or employ or induce or assi'st any ofher 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 remuuerivtign for cutting, preparing the same for
nlarket, or convi'y0ig the same to or towards market.
When the timber orlaw logs made have been removed rf"'" fmber
out of the rearh Of the officers of the Department of Crown I;,':,;;^;'"' ""
Lands, or it is /otherwise found impossible to seize the
same, he shall/ in addition to the loss of his labor 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 j^ut or carried away.
8ucli suraybhall be recoverable with costs, at the suit aud """"vcry of
in the nama of the Commissioner or resident agent in any'"'* ''
court havii/g jurisdiction in civil matters to the amount of
the penal t/. C. S. C, c. 23, s. 7.
I $583. /In all such cases, it shrill be incumbent on the I'nrty acpned
party <Harged to prove his authority to cut ; and the aver- [""",^[,","(0
ment of the party seizing or prosecuting that he is duly of iioon»«.
tjmployM, under the authority of this chapter, shall be
sufficient proof thereof, unless the defendant prove the
contrary. C S. C, c. 23, s. 7.
%
I
#1
ill
4f\
1
1*131. Whenever satisfactory information, supported by Timbor aiieg-
alfidavit made by one more persons before a justice of the„',',|'„'^^y,|
peace or before any other competent party, is received byout, mnybe
the Commissioner or any other officer or agent of the ^',]^^,''^°" *^_
Department of Crown Lands, that atiy timber or quantity <i«vit, &o.
of timber has been cut without authority on public lands,
-tHi4^t^ttt? ribiH ^-wiwft»4he ^\^ timbef ^^ath b<? f&atttl, thti-
I
r
^r'f: '
26
':'
As to timber
BO cut and
mixed up
With other
timber.
■ CROWN lands' DEPARTMKNT
said Comittissipner, 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, in the manner pres-
cribed by act 1328 and 1829. C. S. C, c. 23,' s. 8, and 58 V.,
c. 18, 8. 2.
l32a<>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 <l(jclaref'
to be and to have always been legal. 32 V., c. 12", s. 1.
v.— SALE OF TIMBER LIMITS,
1334. All timber limits, comprised within the unocu-
pied territory of the Crown belonging to the Province,
shall be sold by auction 36 V., c. 9, s. 1. f
1335. Sales under the 'i>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<*<<pted,
and when it is in the. public interest tQ expemtt^ the
ttttltj, the G^mffliesioHer li^»y~iMjll, after U(/ti<i*^of . fifteea
Time place tic
manner of
sale...
PubHcation
of notice of
siile.
For how long
\
11
■r i
SLj
■ k t m m nivS^g'mt^tm
•
\
S>
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.«<l,H. t nf thd Hp! M V , P.. 19, fHMfil« n« fiiH"* : ....
.rocli.... .if «r.. ,l,.tr,ol. ih..r....M,lcr. iH,r iI.p L'. r , ..rtnlr. .1. -.1 .n.l ..
■piM.lti l iJ iniiN.u i n i / r , w h » >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(<f' justices
of the peace. f.H V, c. 19, s. 2.
" i:i*1SfA. Nolliinsf in this act shall, be held to limit or
interfere withjhe right of any party to bring and nuiintaiu
a civil action for damuges occasioned by fire. 68V., c, 19
8. 2.
'•■tni'iiJxaiH^ttv
J't'?^>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 '<jf the Department oC Crown
Landw, all sworn land HuneyorsTandart wooit^rangers eiS^
-W-'-
■**'^ -i'^'
' •^'^trw<^-J'^^iq:^i?^
.■ » ■
.'^,.-^-%'rr<Kr4^^^^^^-^~ *i#f ■
86
M!-
CROWN LANDS dJ;partmENT
rroprietors,
<feo-, planting
their land to
certain oxtetjt
with trees
entidedjo .1
land order.
W
>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<ujr, fixed,
notice to that effect to the Commissioner of Crown Lands
and paying therewith the sum of four dollars as an exa-
mination fee. 54 V., c. 14, s. 1.
; " § 3. Ltcenses to cullers and their duties.
I3«SA. The Commissioner of Crown Lands may isf^^'^I^^HiceuM!'"
a cullers' lic^'nse, according form IJ of this act, to any person
i^eport*'d as competent by the board of examiners.' 54 V.,
c. 14, s. 1. .
i:t«:ij. Before receiving tlje license mc^ntioned in <h^>|^;;'|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 transferrin<T it to some per-
son halving claims to exercise or equitable rights against
the person, who had been proprietor, or to carry out the in-
tentions or wishes of such person, or to reward those who
discovered or made known the existence of such property.
48 v., c. 10, s.|.
i:i7a. The Lieutenant-G-overnor in Council mav also Crown's in-
. . , , ...1 • ,1 torcst may
dispose of, gr«U»,itously or by onerous title, in t>he 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
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f ■ ■•
% • - ' - , . ■ i- ^ . .. ■.
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