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B.-STATEMENT showing Recoipts on account of Timbor, Grazing, Hay and Mineral Lands, commencing with the Fiscal Year,
1872–73, and ending the 31st October, 1887.
Mining Fees. from Stone
Revenue to 30th June, 1887
679, 166 41
853 97 1,180 00 2,040 00
Note.-$80 scrip included in total received for hay dues.
REGULATIONS governing the granting of Yearly Licenses to cut timber on Dominion Lands
in Manitoba, North-West Territories, and as far West as the height of land near Eagle Pass, within the Railway Belt in the Province of British Columbia, under the provisions of Section 52 of the Dominion Lands Act, 1879, approved by His Excellency the Governor General in Council on the 8th of March, 1883, as amended by Orders in Council passed since that date.
1st. The area of a timber berth to be covered by a yearly license sball not ex. ceed fifty square miles; and not more than one berth shall be given to an individual or firm. Any departure from this rule, which special circumstances may render expedient, shall be made only with the sanction of the Governor in Council.
2nd. The licenses shall be granted under the following conditions :(a) The licenseo shall pay a ground rent of five dollars ($5) per square mile.
berth, the party in whose favor it is passed shall pay the rent for the year in advance, the said rent to bear interest at the rate of six per cent, per annum from that date until the same is paid.
(c) The licensee shall pay a royalty of 5 per cent. on the amount of the sales of all products of the berth.
(d) All licenses to cut tim ber shall be disposed of by public competition. Parties tendering will be required to state the sum or bonus per square mile which they will pay in addition to the ground rent and royalty; and the limit will be awarded to the party offering the highest bonus.
(e) The licenseo shall have in operation within a year from a date to be fixed in the license, and keep in operation for at least six months of each year of his holding, a saw mill capable of cutting daily at least ten thousand feet board measure of lumber.
3rd. When a licensee has fully complied with all the above conditions, and where no portion of the timber berth is required for gettlement or other public purpose, of which the Minister of the Interior is to be the judge, the license may be renewed for another year, subject to such rovision of the annual rental and royalty to be paid therefor as may be fixed by the Governor in Council.
4th. In unsurveyed territory the party to whom a license shall be promised, shall, before the issue of said license and before the said party shall cut any timber, cause to be made, at his own expense, under the instructions of the Surveyor General, a survey of his timber berth by a duly qualified Dominion Lands Surveyor, and the plan and field notes of such survey shall be deposited on record in the Department of the Interior.
In surveyed territory berths shall consist of township sections, their legal sub. divisions or fractions thereof.
5th. No penalties are to be inflicted upon the following classes of persons for cutting timber upon undisposed of Dominion lands west of the summit of the Rocky Mountains :-Free miners engaged in prospecting or mining; travellers ; persons engaged in merely scientifio pursuits or exploring; farmers cutting timber for pur. poses connected with their farms; proprietors of mines containing coal and other minerals, cutting timber for colliery and other mining purposes; persons cutting cordwood for fuel for their own use, or for the use of steamers, or for school pur. poses.
A. M. BURGESS,
REGULATIONS governing the disposal of Timber on Dominion Lands, situated between the
height of land near Eagle Pass and 49° 34', North latitude, in the Province of British Columbia, as embodied in the Regulations for the disposal of Dominion Lands within the Railway Belt in the said Province, authorized by Order in Council of the 17th September, 1887.
1. It shall be unlawful for any person, without a license in that behalf, to be granted as hereinafter mentioned, to cut, fell or carry away any trees or timber upon or from any Dominion lands.
2. Every person who shall violate the provisions of the preceding section shall, for the first offence, be liable to a penalty of iwo hundred and fifty dollars, and in default of immediate payment to imprisonment for three calendar months, and, for a second conviction, to both a fine of two hundred and fifty dollars and imprisonment for three calendar months.
3. Any person desirous of cutting or selling and carrying away trees or timber from Dominion lands, may obtain a license to that effect upon proving to the satisfaction of the Minister of the Interior that he has complied with the following provisions, such proof to be made by affidavit in the form P. in the schedule hereto:
(a.) He shall apply in writing to the Minister of the Interior for a license, and shall also, if the land intended to be covered by such license be not included in any surveyed township, stake out the land sought for, by placing at each angle or corner of the land a stake or post at least four inches square, and standing not less than four feet above the surface of the ground; and upon each post be shall inscribe his name, and the angle represented thereby, thus :-“ A. B's, N. E. corner” (meaning northeast corner), or as the case may be : except such posts are so planted before the notice referred to in the next succeeding section is given, all the proceedings taken by the applicant eball be void ; and with bis application he shall forward to the Minister of the Interior a map or sketch of the land so staked out, specifying metes and bounds, and showing thereon the best information in bis power respecting the same, but if the land has already been included in any general survey, then the official number of the section or sections, or part thereof, applied for shall be given.
(6.) He shall, after making the application for the license, publish for a period of thirty days, in the British Columbia Gazette, and in any newspapor circulating in the district in which the lands lie, notice of his application for a timber license, and shall in such notice give the best description of the land applied for. specifying metes and bounds, and such further particulars, if any, as may be required by the Minister of the Interior.
4. In the event of any adverse claim being filed with the Minister of the Interior, he may hear and decide upon the same.
5. Timber licenses shall be granted for such area and such length of time as may, from time to time, be determined by the Governor in Council; the licensee shall pay to the Minister of the Interior, for the use of Her Majesty, annually, during the currency of the license, the sum of fifty dollars therefor, the first payment to be made upon the granting of the license, and subsequent payments thereaiter annually on a day to be named in the license, and in default of payment of any such sum within thirty days after the same should have been paid, the license shall be void.
6. No timber license shall be granted in respect of lands forming the site of any Indian settlement or reserve, and the Minister of the Interior may refuse to grant a license in respect of any particular land, if, in his opinion, it is deemed expedient in the public interest so to do.
7. The license may be in the form Q, set forth in the schedule to these Regu. lations.
8. Every licensee shall keep an account in writing of the number of trees felled by him upon the land embraced within bis license, and the measurement thereof; and shall, at the expiration of every month, during the currency of bis license, make and furnish to the Minister of the Interior a statement in writing, verified by affidavit, showing the number of trees so felled and the measurement thereof, and "shall then forth with pay to the Crown Timber Agent, for the use of Her Majesty, in respect of each tree felled, the sum of thirty cents, and also the sum of seventyfive cents for each and every one thousand feet of board measure contained in the logs made from such trees, and until the same shall be paid the logs shall not be removed from fhe land where they were out, and a lion for such timber dues shall attach to the logs until the dues are paid, and as soon as the logs are scaled and measared, and until payment of the dues, the Crown Timber Agent may take and hold possession of the loge.
9. In reckoning the number of trees felled, there shall not be included small timber used for skids, lovers, rafting stuff, or the like, and no dues shall be payable in respect of such small timber.
10. The scale and rule by which the measurement of logs shall be determined is the rule laid down and prescribed in Scriber's Lumber and Log Book, as copyrighted, in 1-82, by George W. Fisher, of Rochester, New York.
11. In scaling or measuring logs a deduction shall be made, in the case of hollow logs, equal to one half of the diameter of the hollow portion of such logs; and of all loge over eighteen feet in length, the mean diameter shall be taken.
12. If the licensee shall fail to keep correct books of account of his business, or to submit the same for the inspection of any authorized agent of the Minister of the Interior whenever required, or to render to the Minister of the Interior the statement in writing aforesaid, or shall wilfully make a false statement, he shall be liable to a penalty of two hundred and fifty dollars, to be recovered as herein before provided, and in default of payment, imprisonment not exceeding sixty days, and in case of conviction the license held by him may be cancelled by the Minister of the Interior.
Liability of persons cutting timber without authority. 13. If any person, without authority, cuts, or employs or induce any other person to cut or assist in cutting any timber of any kind on Dominion lande, or removes or carries away, or employs, or induces, or assists any other person to remove or carry away any timber of any kind so cut, he shall not acquire any right to such timber, or any claim for remuneration for cutting the same, preparing the same for market, or conveying the same to or towards market; and when the timber has been removed out of the reach of the Crown timber officers, or it is otherwise found impossible to seize it, he shall, in addition to the loss of his labor and disbursements, pay a fine not exceeding three dollars for each log which he is proved to have cut or carried away, or assisted to cut or carry away; and such sum shall be recoverable with costs, at the suit and in the name of the Crown, in any court having jurisdiction in civil matters to the amount of the penalty ; and in all cases the burden of proof of authority to cut and take the timber shali lie on the party charged; and the averment of the party seizing or prosecuting, that he is duly employed under the authority of these Regulations, shall be sufficient proof thereof, unless the defendant proves the contrary.
14. Wbenover satisfactory information, supported by affidavit made before a Justice of the Peace, or before any other competent officer or person, is received by any Crown Timber Officer or Agent, that any timber has been cut without authority on Dominion lands, or if any Crown Timber Officer or Agent, from other sources of information, or his own knowledge, is aware that any timber has been cut without authority on any such lands, he may seize or cause to be seized, in Her Majesty's name, the timber so reported or known to be cut, wherever it is found, and place the same under propor custody, until a decision can he had in the matter by competent authority:
2. And where the timber reported, or known to have been cut without authority, has been made up with other timber into a crib, dam or raft, or in any other manner has, at any mill or el-ewbere, been so mixed up with other timber as to render it impossible or very difficult to distinguish the timber so cut, without authority, from the other timber, the whole shall be held to have been cut without authority, and shall be liable to seizure and forfeiture accordingly, until the holder shall have separated, to the satisfaction of the Crown Timber Agent, the one timber from the other.
15. Whenever any Crown Timber Agent, or other officer or agent of the Minister of the Interior, is in doubt as to whether any timber has or has not been cut without authority, or is or is not liable to Crown dues on the whole or any part thereof, he may enquire of the person or persons in possession or in charge of such timber, as to when and where the same was cut; and if no satisfactory explanation, on oath or otherwise as he may require, be given to him, he may seize and detain such timber until proof be made to the satisfaction of the Minister of the Interior, or of such Crown Timber Agent or officer, that such timber has not been cut without authority, and is not liable, either in wbole or in part, to Crown dues of any kind; and if such proof be pot made within thirty days after such seizure such timber may be dealt with as timber cut without authority, or on which the Crown dues have not been paid, according to the circumstances of the case ; and the dues thereon may be recovered as provided in the seventy-fourth clause of the Dominion Lands Act.
16. In case any timber, or any product thereof, is seized under the provisions of these Regulations by any Crown Timber Agent or officer, he may allow such timber or product thereof to be removed and disposed of, on receiving sufficient security, by bond or otherwise, to his satisfaction, for the full value thereof, or, in bis discretion, for payment of double the amount of all dues, fides, penalties and costs incurred or imposed thereon, as the case may be.
17. All timber seized under these Regulations on behalf of the Crown as being forfeited, sball be deemed to be condemned, upless the owner thereof, or the person for wbom it was seized, within one month from the day of the seizure, gives notice to the seizing officer, or to the Crown Timber Agent or officer upder whose anthority the seizore was made, that he intends to contest the seizure. If, within fifteen daye. thereafter, the claimant shall not have instituted proceedings before a court of competent jarisdiction to contest the seizure, or if the decision of the court be against him, or sbould the claimant fail duly to prosecute such prooeedings, in the opinion of the judge before wbom such case may be tried (and who may for that cause dismiss the suit on the expiration of three months from the date on which it was instituted
- anything to the contrary bereid before enacted notwithstanding), the timber may be confiscated and sold for the benefit of the Crown, by order of the Minister of the Interior, after notice on the spot of at least thirty days: Provided, nevertheless, that the Minister of the Interior, should be see cause for doing so, may, instead of confiscating timber cut without authority on Dominion lands, impose a fine or penalty which, in addition to all costs incurred, shall be loviod on such timber ; and, in default of payment of the whole on demand, he may, after a potice of fifteen days, sell such timber by public apction, and may, at his discretion, retain the whole proceeds of such sale, or the amount of penalty and costs only.
18. And whenever any timber is seized for non-payment of Crown dues, or for ady cause of forfeiture, or any prosecution is instituted for any penalty or forfeiture under there Regulations, and any question arises whether the said dues have been paid on such timber, or whether the said timber was eat on other than any of the Dominion lands aforesaid, the burden of proving payment, or of proving on what land the said timber was cut, shall lie on the owner or claimant of such timber, and not on the officer who seizes the same, or the party instituting such prosecution.
19. An officer or person seizing timber in the discharge of his daty under these Regulations may, in the name of the Crown, call in any assistance necessary for securing and protecting the timber so seized; and if any person under any pretence, either by assault, force or violence, or by threat of such force or violence, in any way reeists or obstructs any officer or person acting in his aid, in the discharge of his duty ander these Regulations, such person shall be guilty of felony, and, being convicted thereof, shall be punishable accordingly.
20. If any person, whether pretending to be the owner or not, either secretly or openly, and whether with or without force or violence, takes or carries away,