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Justices or

1358. Any justice of the peace, who shall himself view any certain officers contravention of the above articles 1354 and 1355, may impose may impose penalty on the penalty therefor without other proof, and, for the purposes view. of the said articles, all agents for the sale of Crown lands, all employees of the Department of Crown Lands, all sworn land surveyors, and all wood-rangers employed by the Department of Crown Lands shall be ex-officio justices of the peace. 34 V., c. 19, s. 9.

Proprietors,

&c., planting their land to

certain extent

with trees entitled to land order.

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§4.-Forest Trees and the Planting and Cultivation thereof. 1359. Whosoever, being the proprietor of, or in possession as proprietor or as usufructuary of any land, shall plant any part of such land, not less than one acre in extent, with forest trees, shall be entitled to receive, in respect of every acre of land so planted, a land order, in the form of the schedule hereunto annexed, which shall authorize him to purchase, to such order and pri- an amount not exceeding twelve dollars, any of the public vileges there- lands, which may be open for sale within the Crown Lands' agency in which such trees shall have been planted, or should there be no such agency, then in the nearest agency, subject to the laws and regulations for the time being in force regulating the sale and disposal of public lands.

Form of such

ander.

Conditions of

No order shall be issued until it be satisfactorily shown that issue of order. the land has been devoted to purposes of planting for at least three years, that the trees are in a vigorous and healthy state, and that the land is securely fenced against both sheep and cattle.

Cultivation of root crops among trees

Provided always that, if root crops be cultivated among the forest trees planted on any land, such land shall not, by reason not to prevent only of such crops being cultivated be deemed to be not devoted only to purposes of tree-planting according to this subsection. 45 V., c. 13, s. 1.

land orders

being issued.

Land order is transferable.

Void after certain time.

Only one order for land planted.

Lieutenant

Governor in Council may make certain regulations.

May appoint "Arbor Day."

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1360. Every such land order is transferable and shall be exercised within two years from the date thereof, and, if not exercised within such period, shall be absolutely null and void, and no renewal thereof shall be granted. 45 V., c. 13, s. 2.

1361. No land, once planted, shall entitle the planter to more than one order in respect of the same. 45 V., c. 13, s. 3.

1362. The Lieutenant-Governor in Council may, from time to time, make regulations respecting:

1. The number and description of trees to be planted in each

acre;

2. The number of years during which the trees so planted shall be preserved and not cut down;

3. The other terms and conditions to be fulfilled by persons claiming a land order.

The Lieutenant-Governor in Council may, by proclamaion, appoint a day to be observed as "Arbor Day," for the lanting of forest trees. 45 V., c. 13, s. 4.

1363. Such regulations may be altered or repealed, with- Regulations out however affecting any right acquired thereunder. 45 V., may be c. 13, s. 5.

changed, &c.

to purchase

how.

1364. The Commissioner shall, whenever any such land Land order order has been offered him in payment of the purchase money of may be used public lands, mention the same upon the back of such land lands and order and shall give to the holder of such land order a receipt or certificate, which shall have the same effect as if the purchase money of such land had been paid in cash, according to law and the regulations respecting public lands. 45 V., c. 13,

s. 6.

land order.

1365. When the land order has been fully exercised, it shall Return of be given up to the Commissioner. 45 V., c. 13, s. 7.

land to be

acquired.

1366, No land can be acquired under this subsection unless Extent of it is of fifty acres in extent and does not exceed two hundred acres but, if any person be entitled to a land-order for less than fifty acres, he may pay the balance in money, under the same terms and conditions as public lands are acquired. 45 V., c. 13, s. 8.

1367. The planting of seeds, nuts or cuttings shall be con- Certain plantsidered a compliance with the provisions of this subsection. ing to be a 45 V., c. 13, s. 9.

compliance with subsec

tion.

clamation.

1368. This subsection shall come into force by proclama- Subsection in tion of the Lieutenant-Governor in Council in such parts of force by prothe Province as shall be fixed in such proclamation or by any other proclamation to be thereafter issued. 45 V., c. 13, s. 10.

SCHEDULE REFERRED TO IN ARTICLE 1359.

In the exercise of the powers in me vested by subsection sixth of section fifth of chapter sixth of title fourth of the Revised Statutes of the Province of Quebec, respecting forest trees and the planting and cultivation thereof, I hereby authorize

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dollars,

to purchase to the amount of any of the public lands in the Crown Lands' agency of

open for sale or selection, without payment in cash therefor, subject, however, to the provisions in the said subsection contained.

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SECTION VI.

Control of es

ESCHEATS AND PROPERTY CONFISCATED TO THE CROWN.

1369. Property that has devolved or shall devolve upon cheated and the Crown by escheat and property confiscated for any cause whatever, except for crime, are under the control of the Commissioner of Crown Lands. 48 V., c. 10, s. 1.

confiscated

property.

Property may

1370. Such property may be sold, ceded, and transferred be sold, &c. by the Lieutenant-Governor in Council upon such conditions. as he may impose. 48 V., c. 10, s. 2.

Property may be otherwise

1371. The Lieutenant-Governor in Council may also disdisposed of. pose of the whole or part of such property gratuitously, with or without conditions, in favor of any person whatever, with the view either of transferring it to some person having claims to exercise or equitable rights against the person who had been proprietor, or to carry out the intentions or wishes of such person, or to reward those who discovered or made known the existence of such property. 48 V., c. 10, s. 3.

Crown's interest may also be disposed of.

Certain prop

erty not affected.

1372. The Lieutenant-Governor in Council may also dispose of, gratuitously or by onerous title, in the manner regulated by articles 1370 and 1371, all interest in, rights over or pretensions to the said property; and the transferee may in his own name apply to the courts to be placed in possession and adopt all proceedings which the Crown might adopt. 48 V., c. 10, s. 4.

1373. This section applies to the Jesuits' estates, but does not apply to other confiscated or escheated property with respect to which there exist special statutes. 48 V., c. 10, s. 5; 51-52 V., c. 13, s. 7.

SECTION VII.

"Fishery overseer" defined.

Reserves for fishing pur

poses to be

FISHING IN NON-NAVIGABLE RIVERS AND IN LAKES.

§ 1.-Interpretative.

1374. The word "fishery overseer," wherever used in this section, designates every person invested with the powers of such office. 51-52 V., c. 17, S. 35.

§ 2-Fishing Leases.

1375. A reserve of at least three chains in depth of the lands bordering on the rivers and lakes in the Province shall

made on sales be made at the time of the sale or gratuitous grant of the lands belonging to the Crown, for fishing purposes.

and grants.

one month's

2. These lands, as well as those already reserved for the Lease of repurpose, may be leased for a period not exceeding ten conse- serve after cutive years, to the highest bidder, when relating to a salmon notice in Que river, after at least one month's notice, in the Quebec Official bec Official Gazette, and further published in such other manner as the Commissioner deems most advantageous.

Gazette.

Commission

3. The Commissioner may, however, in the interval between Between two two public sales, grant, without public competition, leases public sales for lands bordering on salmon rivers, when such lands having er may grant, once been put up to public competition, have had no purchas- without pubers, or, when during such interval, the lease of any of them tion, salmon lic competihas been cancelled or resiliated, but then such leases shall not leases in cerbe granted at a rent less than the upset price in the first case, or the rate of the first lease, in the second case.

tain cases.

grant such

4. Powers similar to those mentioned in the preceding para- Commissiongraph are also given to the Commissioner in cases in which er may also salmon rivers may be leased in the interval between two leases when public sales, and it is evident that the cost of the required cost of notice notices would occasion expenses out of proportion to the pro- sive.

fits to be received.

will be exces

on lakes and

5. The Lieutenant-Governor in Council may, when the Private leases public interest requires it, authorize the leasing by private rivers. agreement of lands, reserved for fishing purposes, bordering on lakes and rivers. 51-52 V., c. 17, s. 1.

1376. Whenever any lease of lands previously under lease New lessee of to any person is adjudged to another person, the new lessee lands previously adjudgshall be bound to indemnify the previous lessee for the real ed to another value of the buildings or useful improvements existing on the to pay for imleased land, and which must not surpass in value the improve- provements. ments which he would have to make for his own use during

the existence of his lease.

This value, in case of difference of opinion, is definitely fixed Value, how and determined by the Commissioner, and the new lessee shall determined and paid. not be entitled to receive his lease until he has furnished proof that he has so indemnified the previous lessee, provided Proviso. that the latter has sent in his claim within a delay of one month.

If, in consequence of any incorrectness in the surveys, or If by error, other errors or causes whatsoever, it be discovered that a lease etc., lease comprises includes lands already comprised in a lease of a prior date, the lands already lease last granted is null, in so far as it concerns such lands; leased, it shall and the holder or possessor of such lease thus annulled in part tanto. shall have no right to claim an indemnity or compensation for No damage to the fact that his lease has become partially null. 51-52 V., the holder of

17, s. 2.

C.

be null pro

such lease.

2. The lease confers upon the lessee, for the time therein Rights of determined, the right to take and retain exclusive possession lessee. of the lands therein described, subject to the regulations and restrictions which may be established, and gives him the right to fish in the waters adjacent to such lands in conformity with the provincial and federal regulations then in force, and also

to prosecute in his own name any illegal possessor or offender, and to recover damages, if such exist, but not against any person who may pass over such lands or the adjacent waters, or who engages in any occupation not inconsistent with the provisions of this section, nor against the holder of a license to cut timber, who has at all times, in accordance with his license, the right to cut and remove trees, lumber and saw logs and other timber, within the limits of his license, and, during the term thereof, it shall be lawful for him to make use of any floatable river or water course, or of any lake, pond or other body of water and the banks thereof for the conveyance of all kinds of lumber and for the passage of all boats, ferries and canoes required therefor, subject to the charge of repairing all damages resulting from the exercise of such right.

Right of passThe general right of passage to and from the water shall age reserved. also be reserved in leases in favor of the occupants, if any, under title from the Crown, of lands immediately in rear of those leased. 51-52 V., c. 17, s. 3.

Penalties upon persons fishing upon lands so leased: forfeiture of fish, fine and im

prisonment.

Reserves for residents in new townships to fish for subsistence of family.

Lease to be

or of club.

3. If any person, without the permission of the lessee or his representative, fishes or employs any other person to fish, or assists in fishing in waters in front of any such leased land, he shall not acquire any right to the fish so caught, which may be forfeited and become the absolute property of the lessee, and such person shall therefor be liable to a fine or the imprisonment mentioned in the second paragraph of article 1380.

The Lieutenant-Governor in Council shall reserve in each new township one or more lakes or rivers in which the residents of such township may freely fish for their subsistence and that of their families only, by complying with the laws in force on the subject, and such reserve shall continue to exist until the lands bordering on such lakes or rivers shall be sold. 51-52 V., c. 17, s. 4.

4. The leases of lands conferring fishing rights are made in made in name the name of one person or of a club incorporated under secof one person tion second of chapter fifth of title eleventh respecting clubs for the protection of fish and game. 51-52 V., c. 17, s. 5. 5. Each lessee shall be bound to establish and maintain in tablish guard- the territory covered by his lease an efficient guardianship, to ianship. secure a complete protection of the fishery rights belonging to it.

Lessee to es

Lessee an

damages to timber by waste, etc., fire, etc., un

He shall further be answerable for damages caused by himswerable for self, or by the people under his control, to the timber growing on said territory, or on the adjoining territory, either from waste or from want of sufficient precaution in lighting, watching over or putting out fires, and it shall be incumbent on him, in case of damage done by fire, to prove that all such precautions have been taken. 51-52 V., c. 17, s. 6.

less he prove

that all due precaution has been taken.

Lessee to

transmit each season state

ment of fish eaught

6. The lessee shall be obliged to transmit to the Department of Crown Lands, as soon as possible after the close of each angling season, a statement of the number and weight of fish caught in the waters affected by such lease. 51-52 V., c. 17,

s. 7.

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