Sidebilder
PDF
ePub

causes to be taken or carried away without permission of the officer or person who seized the same, or of some competent authority, any timber seized and detained for any lawful canse under these Regulations, before the same has been declared by compotent authority to have been seized without due cause, such person shall be deemed to have stolen such timber, the property of the Crown, and to be guilty of felony, and, being convicted thereof, shall be punishable accordingly,

21. The Minister of the Interior may, from time to time, define timber districts, and may appoint a Crown Timber Agent for each district.

22. The Minister of the Interior may, in his discretion, cancel any timber license granted under the provisions of those Regulations, if the licensee shall not, within the time prescribed by his license, continuously proceed to cut and manufacture the timber contained within the limits of his license.

Slides &c.

23. No sale or grant of any Dominion lands shall give or convey any right or title to any slide, dam, water-way, pier or boom, or other work previously constructed on such land, or on any stream passing through or along it, for the purpose of facilitating the descent of timber or saw logs, unless it be expressly mentioned in the letters patent or other documents establishing such sale or grant that such slide, dam, water-way, pier or boom, or other work, is intended to be thereby sold or granted :

2. The free use of any slide, dam, water.way, pier, boom or other work on stream to facilitate the descent of lumber and saw logs, and the right of access thereto for the purpose of using the same and keeping the same in repair, shall not in any way be interrupted or obstructed by or in virtue of any sale or grant of Dominion lands made subsequent to the construction of any such work,

24. The free use, for the floating of saw logs or other timber, of any stream or lake that may be necessary for the descent thereof from Dominion lands, and the right of access to such stream or lake, and of passing and re.passing on or along the land on either side, and wherever nocessary for sucb use thereof, and over any existe ing or necessary portage-road past any rapid or fall, or connecting such stream or lake, and over sach road as, owing to natural obstacles, may be necessary for taking out timber from Dominion lands, and the right of constructing any slide or waterway where necessary, shall continue uninterrupted, and shall not be affected or obstructed by or in virtue of any sale or grant of such lands.

A, M. BURGESS,
Deputy of the Minister of the Interior.

FORM Q.

Timber License.
No.
Term

years. This is to certify that

of

in the Province of British Columbia, is hereby, from this date, licensed for the term of years next ensuing, to enter upon, cut, fell and remove (except as hereinafter is reserved) timber from all that tract of Dominion lands situate in the district of

and more particularly described as (insert description of land), and containing

acres, more or less, with right of ingress, egress and regress for

agents, servants and workmen for such purposes over any adjacent, vacant and unoccupied Dominion lands.

Subject, nevertheless, to the payment of the annual sum of dollars on the

day of in each year of the said term, and to the payment of all other some, fees and timber dues prescribed by the “ Regulations for the disposal of Dominion lands within the Railway Belt in the Province of British Columbia, as approved by Order in Council, dated 17th September, 1887," and also subject to all other provisions of the said Act with respect to timber.

Provided always, that any and all exceptionally large troes that may be standing or growing on the said tract of land are hereby expressly reserved to the use of Her Majesty for all time, and the said hereby expressly forbidden to cut or fell any of such treos. Dated at

Deputy of the Minister of the Interior.

REGULATIONS governing the cutting of Timber on Dominion Lands within the Railway Belt

in British Columbia lying south of 49° 34' north latitude and west of the 121° of longitude west of Greenwich.

1. It shall be unlawful for any person, without a license in that behalf, to be granted as hereinafter mentioned, to cat, 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 each offence, be liable to a penalty of not less than five dollars por more than five hundred dollars, to be recovered in a summary manner, upon the complaint of any person, before any Stipendiary Magistrate, or two Justices of the Peace, and in default of payment, imprisonment not exceeding thirty days.

3. Any person desirous of cutting or felling and carrying away troos or timber from Dominion lands, may obtain a license to that effect upon complying with the following provisions:

(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 that four feet above the surface of the ground; and upon each post he shall inscribe his name and the angle represented thereby thus: "A. B.'s N. E. corner” (meaning north-east 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 shall bo void. With his 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 his 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 newspaper circulating in the district in which the lands lie, notice of his application for a timber license, and shall in such notice give a 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. No timber license shall be granted for a larger area than one thousand acres of land for each 25,000 feet of lumber that the mill in connection therewith is capable of cutting in twelve hours, nor shall the license be granted for a longer period than four years. The license shall not be transferable, and may be surrendered at any time. No person shall be entitled to more than one license at the same time. 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 ten dollars for every 1,000 acres covered thereby, the first payment to be made upon the granting of the license, and thereafter annually. In default of payment 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 the opinion of the Governor General in Council, it is deemed expedient in the public interest so to do.

7. The license may be in the Form A set forth in the schedule to these Regulations.

8. Every licensee shall keep an account in writing of the number of trees felled by him upon the land embraced within his license, and shall at the expiration of every six months, during the currency of his license, make and furnisb to the Minister of the Interior a statement in writing, verified by declaration to be made before a Justice of the Peace, showing the pumber of trees so felled, and shall then forth with pay to the Crown Timber Agent for the use of Her Majesty, in respect of each tree folled, the sum of fifteen cents.

9. The licensee shall, if required, produce to the Crown Timber Agent the original account of trees félled.

10. If the licensee shall not keep an account in writing of the number of trees felled under the license, or shall not render to the Crown Timber Agent the statement in writing aforesaid, or shall wilfully make a false statement, he shall be liable to a penalty of not less than five dollars por more than two hundred and fifty dollars, to be recovered as aforesaid, and in default of payment, imprisonment not exceeding thirty days.

11. The preceding sections of these Regulations shall not be construed so as to inflict penalties upon free miners engaged in prospecting or mining, nor upon travellers, nor upon persons engaged in merely scientific pursuits or exploring, nor upon farmers cutting timber for purposes connected with their farms, nor upon proprietors of coal mines cutting timber for colliery purposes, nor upon persons cutting cordwood for fuel for their own use, or for the use of steamers, or for school purposes.

12. In reckoning the number of trees felled there shall not be included small timber used for skids, levers, rafting stuff, or the like.

13. If any person, without authority or otherwise than is permitted by these Regulations, cuts, or employs or induces any other person to cut, or assists in cutting any timber of any kind on any Dominion lands, or removes, or carries away any merchantable timber of any kind so cut from any Dominion lands, he shall not acquire any right to the timber so cut, or any claim to any remuneration for cutting, preparing the same for market, or conveying the same to or towards market, and such timber may be seized by the Crown Timber Agent, or other officer or agent of the Minister of the Interior, and shall be sold for the bonefit of the Crown.

(a.) When the timber or saw.logs made has or have been removed by any such person from Dominion lands, such person shall, in addition to the loss of his labor and disbursements, forfeit a sum of one dollar for each tree (rafting stuff excepted) which he is proved to have cut, or caused to be cut or carried away, which sum shall be recoverable with costs in the name of the Minister of the Interior in any Court having jurisdiction in civil matters to the amount of the penalty.

(6.) In such cases it shall be incumbent upon the party charged to prove his authority to cut.

14. Where timber has been cut without authority on Dominion lands, and has been made up with other timber into a crib, dam or raft, or in any other manner has been so mixed up as to render it impossible, or very difficult for the agent to distinguish the timber so unlawfully cut on Dominion lands from other timber with whioh it is mixed up, the whole of the timber so mixed up shall be held to have been cut without authority on public lands, and shall be liable to seizure and forfeiture antil separated by the holder satisfactorily to the officer making the seizure.

15. The officer making the seizure may, in the name of the Crown, call in any assistance necessary for securing and protecting the timber seized.

16. All timber seized under these Regulations shall be deemed to be condemned, anless the person from whom it was seized, or the owner thereof, shall, within one month from the day of seizure, give notice to the seizing officer or nearest Crown Timber Agent, that he claims, or intends to claim, the same; failing such notice, the agent aforesaid shall report the circumstances to the Minister of the Interior, who may order the sale of the said timber by the said agent after a notice of at least thirty days.

17. Any Supreme Court Judge may, upon petition, in a summary way, try and determine such seizures, and may order the delivery of the timber to the alleged owner upon his giving security, by bond, with two good and sufficient sureties, to pay double the value in case of condemnation.

(a.) Sach bond shall be taken in the name of the Minister of the Interior to Her Majesty's use, and shall be delivered up to and kept by the Minister of the Interior.

(6.) If such seized timber is condemned, the value thereof shall be forth with paid to the Minister of the Interior and the bond cancelled, otherwise the penalty shall be enforced and recovered.

18. Every person availing himself of any false statement or oath to ovade the payment of any moneye payable under these Regulations, in respect of timber, shall forfeit the timber in respect of which payment of such moneys is attempted to be evaded.

19. The Minister of the Interior may, from time to time, define timber districts, and may appoint a Crown Timber Agent for each district.

20. No logs shall be sawn in any mill, or otherwise manufactured into lumber, or other material, in any mill, until the logs shall have been scaled and measured, and the timber dues hereinafter mentioned paid; but the provisions of this section shall not apply to logs cut from any lands held by pre-emption or under Crown grant.

21. The logs shall be scaled and measured at the mill by the Crown Timber Agent, or person appointed by the Minister of the Interior for that purpose, for the district in which tbe mill is situate.

22. When the logs have been scaled and measured, the person who did so shall make out a bill, stating therein the number of logs, the number of feet board measure contained in such logs, and the name of the owner; and the Crown Timber Agent shall enter in the books of his office a copy of such bill. Another copy of the bill shall be made out and delivered to the owner or his agent, with a certificate thereto attached that it is a true and correct bill, which bill, so certified, shall, for the purpoee of ascertaining the amount of timber dues to be paid in respect of such logs, be presomptive evidence of the facts therein contained and of the correctness of such scaling or measurement.

23. The scale and rule by which the quantity of logs shall be determined is the rule laid down and prescribed in Scribner's Lumber and Log Book, as copyrighted in 1882, by George W. Fisher, of Rochester, New York.

24. There shall be payable and paid by the owner of the logs to the Minister of the Interior, to and for the use of Her Majesty, the sum of twenty cents for each and every one thousand feet board measure contained in such logs, and until the same shall be paid the logs shall not be taken into the mill or removed from where they were scaled, and a lien for such timber dues shall attach to the logs until the dues are paid, and as soon as the logs are scaled and measured, and until payment of the dues, the Crown limber Agent may take and hold possession of the logs.

25. In scaling or measuring logs, such allowance for bollow or crooked, or otherwise defective logs shall be made as would make them equal to good, sound, straight and merchantable logs.

26. These Regulations shall not apply to the cutting of the trees known as hemlock.

27. The Minister of the Interior may cancel any timber license granted under the provisions of these Regulations, if, in his opinion, the licensee shall not continuously proceed to cut and manufacture the timber within the limits of his license.

A. M. BURGESS, Deputy of the Minister of the Interior.

SCHEDULE.

FORM A.
Regulations for the disposal of Dominion Lands within the Railway Bolt in the
Province of British Columbia, as approved by Order in Council, dated 16th July, 1885.

TIMBER LICENSE.
No.
Term

years, THIS IS TO CERTIFY THAT of

is hereby from this date licensed for the term of

years next ensuing, to enter upon, cut, fell and remove (except as thereinafter is reserved) timber from all that tract of Dominion Lands situate in the District of

and more particularly described as (insert description of land), and containing acres, more or less, with right of ingress, egress and regress for agents, servants and workmen for that purpose over any adjacent, vacant and unoccupied Dominion Lands.

SUBJECT NEVERTHELESS to the payment of the annual sum of dollars, on the in each year of the said term and to the payment of all other sums, fees and timber dues prescribed by the Regulations for the disposal of Dominion Lands within the

Railway Belt in the Province of British Columbia, as approved by Order in Council, “ dated 16th July, 1885," and also subject to all other provisions of the said Act with respect to timber.

PROVIDED ALWAY8, that any and all exceptionally large trees that may be standing or growing on the said tract of land are hereby expressly reserved to the use of Her Majesty for all time, and the said hereby expressly forbidden to cut or fell any of such trees. Dated at

Deputy of the Minister of the Interior.

day of

REGULATIONS for the disposal of Coal Lands in the North-West Territories, and the

Province of Manitoba, approved by His Excellency the Administrator of the Government in Council on the 26th December, 1882 (in substitution for the preceding Regulations of the 17th December, 1-81), with the amendments thereto approved by His Excellency the Governor General in Council, on the 2nd March, 1883, the 26th March and the 13th May, 1884, the 3rd December, 1885, and the 13th April and 14th June, 1886.

1st. The following districts have been set apart and declared to be Coal Districts, the same to be known as those of the Souris River, the Bow River, the Belly River, the South Saskatchewan River, the Norih Saskatchewan River, the Cascade, and a district at Wood Mountain and its vicinity.

There lands are withdrawn from ordinary eale ; but the even numbored sections, with the exception of Hudson's Bay Company's Lande, are open for settlement, subject, however, to the reservation of the coal and other mineral rights therein.

1.- SOURIS RIVER COAL DISTRICT. Township 1 and South balves of 2, Ranges 4, 5, and 6, West of Second Meridian. 1, 2, 3,

7, 8, 9, 10,
1, 2, 3, 4,
1, 2, 3, 4, 5,

12, 13,
2, 3, 4, 5,

14, 3, 4, 5,

15, 16, 17,

[ocr errors]

11,

66

4, 5, 5,

« ForrigeFortsett »