At whose suit. Procedure in such suits. Appeal. Commis sioner may Gougan any other reason, have forfeited their rights and interests, in such letters-patent. 32 V., c. 11, s. 29. 1304. All demands for annulling letters-patent may made by suits in the ordinary form, or by scire facias, upon information brought by the Attorney General, or any other officer duly authorized for that purpose. 32 V., c. 11, ss. 30 and 31; 50 V., c. 7, s. 6. 1305. 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 ordinary suits. 32 V., c. 11, ss. 30 and 31. 1306. An appeal lies from the final judgment rendered upon such information, provided the writ of appeal issues within forty days from the rendering of the judgment. 32 V., c. 11, s. 32. § 9.-Leasing of the Peninsula of Manicougan. 1307. The Lieutenant-Governor in Council may, on report lease certain of the Commissioner of Crown Lands, authorize the said Comparts of Mani- missioner to lease, to any person or corporation, for any and all purposes, the whole or any part of that portion of ungranted and unoccupied territory in the Province known as the Manicougan Peninsula, not exceeding forty-five square miles, and the beach surrounding the same, for a period of ten years or less, either at a fixed rental or at a percentage of the net proceeds derived by the lessees therefrom, if the territory so leased is used for manufacturing or commercial purposes. 4950 V., c. 32, s. 1. Rights not to 1308. The lease shall in no way to interfere with the right of be interfered actual occupants, and shall be subject to such other terms and conditions as may be imposed. 49-50 V., c. 32, s. 1. with, &c. Granting of timber on SECTION V. WOODS AND FORESTS ON PUBLIC LANDS. § 1.-Cutting of Timber. I.-LICENSES TO CUT TIMBER. 1309. The Commissioner of Crown Lands, or any officer or licenses to cut agent under him authorized to that effect, may grant licenses Crown Lands. to cut timber on the ungranted lands of the Crown at such rates, and subject to such conditions, regulations and restrictions as may, from time to time, be established by the Lieutenant-Governor in Council, and of which notice shall be given in the Quebec Official Gazette. C. S. C., c. 23, s. 1. 1310. No license shall be so granted for a longer period than Period of twelve months from the date thereof; and if, in consequence license. of any incorrectness of survey or other error or cause whatsoever, a license be found to comprise lands included in a license As to interof a prior date, the license last granted shall be void in so far fering with as it interferes with the one previously issued. The holder or proprietor of the license, so rendered void, shall have no claim upon the Government for indemnity or compensation by reason of such avoidance. C. S. C., c. 23, s. 1. licenses. license. Its legal 1311. The licenses shall describe the lands upon which the Form of timber may be cut, and shall be deemed to confer, for the time being on the nominee, the right to take and keep exclusive effect. possession of the lands so described, subject to such regulations and restrictions as may be established. C. S. C., c. 23, s. 2. in licensee. 1312. Such licenses shall vest in the holders thereof all Property, &c., rights of property whatsoever in all trees, timber and lumber in trees vested cut within the limits of the license during the term thereof, whether such trees, timber and lumber are cut by authority of the holder of such license, or by any other person, with or without his consent. C. S. C., c. 23, s. 2. pess, &c. 1313. Such licenses shall entitle the holders thereof to seize Power of licensees to or to cause to be seized, in revendication or otherwise, such trees, seize timber timber or lumber where the same are found in the possession cut in tresof any unauthorized person and, also to institute any action or suit against any wrongful possessor or trespassers, and to prosecute all trespassers and other offenders to punishment, and to recover the damages suffered. C. S. C., c. 23, s. 2. 1314. All proceedings pending at the expiration of any Proceedings such license may be continued to final termination as if the pending when license had not expired. C. S. C., c. 23, s. 2. II. OBLIGATION OF PARTIES OBTAINING LICENSES. the license expires. 1315. Every person obtaining a license shall, at the expira- Return to be made by pertion thereof, make to the officer or agent granting the same, or sons obtainto the Commissioner, a return of the number and kinds of trees ing licenses. cut, and of the quantity and description of saw logs, or of the number and description of sticks of square timber, manufactured and carried away under such license. C. S. C., c. 23, s. 3. sworn to. 1316. Such statement shall be sworn to by the holder of Return to be the license, or by his agent, foreman, or chief managing man, before a justice of the peace. C. S. C., c. 23, s. 3. 1317. Any person refusing or neglecting to furnish such Penalty for statement, or evading or attempting to evade any regulation neglect to made by order in council, shall be held to have cut without ment. furnish state Timber liable authority, and the timber made shall be dealt with accordingly C. S. C., c. 23, s. 3. 1318. All merchantable timber cut under license shall be to payment of liable for the payment of the Crown dues thereon, so long as dues may be followed until and wheresoever the said timber or any part of it may be paid. found, whether in the original logs or manufactured into deals, boards or other stuff. Power of timber. All officers or agents entrusted with the collection of such officer to seize dues may follow all such timber and seize and detain the same wherever it is found, until the dues are paid or secured. C. S. C., c. 23, s. 4; 51-52 V., c. 15, s. 7. The giving of not to affect 1319. Bonds or promissory notes taken for the Crown dues, deeds or notes either before or after the cutting of the timber, as collateral security or to facilitate collection, shall not, in any way, affect the lien of the Crown on the timber, but the lien shall subsist until the said dues are actually discharged. C. S. C., c. 23, s. 5. the lien on the timber Sale of timber Balance to be 1320. If any timber, so seized and detained for non-payment of Crown dues, remain more than twelve months in the custody of the agent or person appointed to guard the same, without the dues and expenses being paid, the Commissioner, with the previous special sanction of the Lieutenant-Governor in Council, may order a sale of the said timber to be made after sufficient notice. C. S. C., c. 23, s. 5. 1321. The balance of the proceeds of such sale, after handed over. retaining the amount of dues and costs incurred, shall be handed over to the owner or claimant of such timber. C. S. C., c. 23, s. 6. Penalty on persons cutting timber without license. If the timber moved. III. PENALTY ON PERSONS CUTTING TIMBER WITHOUT LICENSE. person 1322. If any person, without authority, cut or employ or induce other any to cut, or assist in cutting any timber of any kind on any public lands, or remove or carry away or employ or induce or assist any other person to remove or carry away any merchantable timber of any kind, so cut from any of the public lands aforesaid, he shall not acquire any right to the timber so cut, or any claim to any remuneration for cutting, preparing the same for market, or conveying the same to or towards market. When the timber or saw logs made have been removed have been re- out of the reach of the officers of the Department of Crown 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 cut or carried away. Such sum shall be recoverable with costs, at the suit and in Recovery of the name of the Commissioner or resident agent in any court penalty. having jurisdiction in civil matters to the amount of the penalty. C. S. C., c. 23, s. 7. must prove 1323. In all such cases, it shall be incumbent on the party Party accused charged to prove his authority to cut; and the averment of the granting the party seizing or prosecuting that he is duly employed, of license. under the authority of this chapter, shall be sufficient proof thereof, unless the defendant prove the contrary. C. S. C., c. 23 s. 7. sufficient affi davit, &c. 1324. Whenever satisfactory information, supported by Timber alleg affidavit made by one more persons before a justice of the ed to be unlawfully peace or before any other competent party, is received by the cut, may be Commissioner or any other officer or agent of the Department seized on a of Crown Lands, that any timber or quantity of timber has been cut without authority on public lands, and describing where the said timber can be found, the said Commissioner, officer or agent, or any one of them, may seize, or cause to be seized, in Her Majesty's name, the timber so reported to be cut without authority, wherever it is found, and place the same under proper custody, until a decision can be had in the matter from competent authority. C. S. C., c. 23, s. 8. mixed up 1325. Where the timber, so reported to have been cut with- As to timber out authority on public lands, has been made up with other so cut and timber into a crib, dram or raft, or, in any other manner, has with other been so mixed up at the mills or elsewhere as to render it timber. impossible or very difficult to distinguish the timber so cut on public lands without license, from other timber with which it is mixed up, the whole of the timber so mixed shall be held to have been cut without authority on public lands, and shall be liable to seizure and forfeiture accordingly until satisfactorily separated by the holder. C. S. C., c. 23, s. 8. IV.-RESISTING SEIZURE-REMOVING TIMBER SEIZED-CONDEMNATION OF SUCH TIMBER. mand assist 1326. Any officer or person seizing timber, in the discharge Seizing officer of his duty, may, in the name of the Crown, call in any assis- may comtance necessary for securing and protecting the timber so ance. seized. C. S. C., c. 23, s. 9. proof that 1327. Whenever any timber is seized for non-payment Burden of of Crown dues or for any other cause of forfeiture, or any dues have prosecution is brought for any penalty or forfeiture, and any been paid. question arises whether the said dues have been paid on such timber, or whether the said timber was cut on other than any of the public lands aforesaid, the burden of proving payment, or on what land the said timber was cut, shall lie on the owner or claimant of such timber, and not on the officer who seizes Timber seized to be condemned, if not in a certain time. the same or the party bringing such prosecution. C. S. C., c. 23, s. 10 § 2. 1328. All timber seized shall be deemed to be condemned, unless the person, upon whom it was seized or claimed with the owner thereof, within one month from the day of the seizure, gives notice to the seizing officer or nearest officer or agent of the Crown Lands' office that he claims or intends to claim the same; failing such notice, the officer or agent seizing shall report the circumstances to the Commissioner who may order the sale of the said timber by the said officer or agent, after a notice, on the spot, of at least thirty days. C. S. C., c. 23, s. 11. Judge may order timber to be deliver 1329. Any judge, having competent jurisdiction, may, whenever he deems it proper, try and determine such seizure and ed on security may order the delivery of the timber to the alleged owner, on being given. receiving security by bond with two good and sufficient sureties to be first approved by the said agent, to pay double the value in case of condemnation; such bond shall be taken in the name of the Commissioner of Crown Lands to Her Majesty's use and shall be delivered up to and kept by the Commissioner; and, if such seized timber be condemned, the value thereof shall be forthwith paid to the Commissioner or agent, and the bond cancelled, otherwise the penalty of such bond shall be enforced and recovered. C. S. C., c. 23, s. 11. Timber un lawfully cut near frontier lines may be sold without the usual notice or delay. Forfeiture of timber in case of fraud. Certain liens pre served. 1330. All timber cut without license, at any distance not exceeding ten miles from the international frontier lines of this Province, dividing it from the United States, or from the lines which divide it from the neighboring Provinces, as soon as it shall have been established that the said timber has been cut unlawfully, and that a due seizure thereof has been made, may be at once sold by the person to that end duly authorized, without his being obliged, in regard thereto, to give the notice and delay required, in analogous circumstances, for any other part of the Province. C. S. C., c. 23, s. 11; 36 V., c. 9, s. 9. 1331. Every person, availing himself of any false statement or oath to evade the payment of Crown dues, shall forfeit the timber on which dues are attempted to be evaded. C. S. C., c. 23, s. 12. 1332. Nothing herein shall, in any way, invalidate or licenses and affect licenses granted before the thirtieth day of May, 1849, or any obligation then contracted for payment of Crown dues under such licenses, or invalidate the lien of the Crown on any timber cut upon public lands, within the limits of the Province on that day, and upon which the dues theretofore exacted have not been paid, notwithstanding any bond or promissory note taken for the amount of such dues. C. S. C., c. 23, s. 14. |