3 Conservation and Preservation of Forests. - BC Laws

1923 FOBBSTS. CHAP. 17

CHAPTER 17.

An Act respecting Crown Timber and t>-3 Conservation and Preservation of Forests.

[Assented to 21st December, 1923.]

H IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia,

enacts as follows:— Preliminary.

1. This Act may be cited as flic "Forest Act."

2. In this Act, unless the context otherwise requires:— "Crown lands' ' means such ungranted Crown or public lands

or Crown domain as are within and belong to His Majesty in right of the Province, and whether or not any waters How over or eou>r the same, except lands lawfully held under preemption entry and record:

"Crown timber" includes any trees, timber, and products of the forest in resec t whereof His Majesty in right of the Province is entitled to demand and receive any royalty or revenue or money whatsoever:

" Minister'' means the Minister of Lands: " Snwlogs" includes nil logs of pine, fir. cedar, spruce, or other

timber of whatever length, whether round or flatted: " Saw-timber" inchides all timber cut on any area held under a

pulp licence which is used or disposed of for purposes other than manufacture into wood-pulp or paper in the mill to which the pulp licence is appurtenant:

"Stumpnge" includes every sum reserved or made payable to the Crown in right of the Province, whether by Statute or by contract, in respect of any timber, and in addition to rentals and royalties and taxes:

"Timber" includes sawlogs, spars, piles, poles, railway-ties, shingle-bolts, pulp-wood, and other cut timber:

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CHAP. 17 FORESTS, 14 GEO. 6

" Timber lease'' means any lease for the cutting and removal of Crown timber for any purpose, granted under this or any former Act of the Legislature:

"Timber leasehold" means the lands specified and comprised in any timber lease:

"Timber licence" means any special timber licence, pulp licence, hand-logger's licence, or other licence for the

j cutting and removal of Crown timber for any purpose, granted under this or any former Act of the Legislature:

'• Timber l imit" means the lands specified and comprised in any timber licence.

Division of let. 3 . This Act is divided into twelve parts, relating to the following subjects:—

P A W . SECTION.

f.— Forest Branch of Department of Lands 4-9 II.—Prevention of Trespass upon Crown Timber

Lands 10-15 III.—Disposition of Timber by the Crown 1G-30 IV.—Timber Leases 31-32 V.—Special Timber Licences 33-46

VI—Rights-of-way 47-52 VII.—Royalties and Taxes 53-38

VIiI.—Timber-scaling 59-70 IX.—Timber-marking 77-85 X.—Manufacture within Pro\ ince S<!-91

XL—Forest-protection 92-123 XII .-General Provisions 121-142

PART I.

FOUL'ST BRANCH OF DEPVRTMENT OF LANDS

t • rorcst Branch." 4. For the purpose of administering and carrying out the provisions of this Act, there shall he in the Department of Lands a branch known as the "Forest Branch." 1012, c. 17, s. 4 (1).

.Turlidietlon of Forest Brand).

5. The Forest Branch shall have jurisdiction over and shall control and administer all matters relating to or in anywise connected with forestry, and particularly, and without restricting the generality of the foregoing provision, shall have jurisdiction over and shall, subject to and in compliance with the provisions of the Statutes of the Province for the time being in force, control and regulate, receive and administer, or invoke and enforce, 'as the case may be:—

(a.) All the rights, properties, interests, claims, and demands of the Crown in right of the Province in Crown timber:

1923 FORESTS. CHAP. 17

(b.) All revenues and moneys of the Crown in right of the Province arising from forestry, Crown timber, and grazing:

(c.) Conservation of forests : (d.) Reforestation: (c.) Prevention of forest fires: (/.) Sales and dispositions of Crown timber: (g.) Cutting, classifying, measuring, manufacturing, branding,

and exporting of trees, timber, and products of the forest: (A.) Statutes, rules, and regulations relating to the regulation

of forestry, the protection of forests, and the grazing of Crown lands. 1912, c. 17, s. 4 (3).

6. A Chief Forester, a Supervisor of Scalers, and such District Appointment of Foresters and other officers, clerks, and servants as are required for s a

the proper conduct of the Foiest Branch may be appointed pursuant to the provisions of the " Civil Service Act," all of whom shall hold office during pleasure. 1912. c. 17, s. 4 (2) (redrawn).

7. ZS'o officer, clerk, or. servant of the Forest Branch shall have, Members of staff acquire, or hold, directly or indirectly, any property or interest in Sealing in crown any timber leas>e or timber licence, or hold any licence or authority from the C.-own in right of the Province to utilize or deal with any timber o" product of the forest, or engage or have any interest in any business carried on in the Province having as its object the utilization or dealing in any timber or product of the forest. 1912, c. 17. s. 4 (5) (part, redrawn).

8. It shall be the duty of the Minister to make a report to the Annual report Lieutenant-Governor of the conduct of the Forest Branch up to the of Mlnt,ter-thirty-first day of December in each year, which report shall be laid before the Legislative Assembly. 1912, c. 17, s. 4 (4).

9. The Lieutenant-Governor in Council maj constitute any nor- r0rest atatricts. tion of the Province a forest district, and declare by what local name it shall be known, and may from time to time extend, reduce, subdivide, or annul any existing forest district or merge it in whole or in part in the consolidation of two or more forest districts. 1912, c. 17, s. 5 (i>art).

PART II.

PHKVKNTION OF TRESPASS WON CKOWN TIMIU;R LANUS.

10. (1.) It shall be unlawful for any person, without a timber cutting of timber lease or a timber licence in that behalf, to cut oi remove any trees, prohibited.0'"110" timber, or products of the forest upon or from any Crown lands.

(2.) Every person who violates the provisions of subsection (1) rcnnitj-. shall be liable, on summary conviction, to a penalty of not less than twenty-five dollars nor more than live hundred dollars. 1912, c. 17, ss. 7, 8.

1923 FORESTS. C H A P . 1 7

Crown lands o r a pre emptor of Crown lands, is in possession of the land, or, as the holder of a lease from the Crown, is in possession of the land, or, as the holder of a timber lease or t imber licence, is entitled to out am1 remove the timber upon or from the l and ; and the person seeking a right-of-way shall not be affected by a notice of and shall not be bcund by any trust, and shall not be im]>eded in the securing of n right-of-way by any trust . 1912, c. 17. .-«, 33 {altcredK

5 0 . The land which may be takeu without the consent of the Breadtb <.r land owner for a right of-way shall not exceed forty feet in breadth. except in places where the grade level of the right-of-way is proposed to be more than Ave feet above or below the surface of the adjacent land, when such additional width may be taken as will suffice to accommodate the slope and side-ditches. VM'2, c. 17. s. 34.

5 1 . Before entering upon any land for use as a right-of-way, the Notice to owner person desiring to obtain the right-of-way shall serve upon the owner of the land a notice of desire to obtain the right of-way, together with a plan showing the intended location and direction of the desired rignt of-way: and in the case of Crown lands, the perMiii desiring to obtain the right of way shall, in addition to serving any notice required by this section, obtain (he consent of the Minister in wri t i rg . 1!»1U. c. 17. .«. '•'>'> irerfrmrm.

!>'£. Sections .":.' to 7.'! of the •• IJritish Columbia Railway Act." Api>p<-ati«.n ..r shall, mutat is mutandis, apply in respect of the taking of I..'id.- by "iiriTw? «'.iHmii.M any jierson for use as a right-of-way under this Part . 1!HJ, c. i , , ss. ;!<i-rj7 {siihstitutvt! .

I'AKT VII .

l{o\ \i.ni:s , \ \n T\xi:s.

JM. i l . i Subject to the provisions of the '• Timber Royalty Act " Timber rojnity. and to the provisions of section 54 of 1hi.>; Act. there i,- reserved to and for the use of His Majesty upon and in respect «if t imber cut upon Crown lands, or upon lauds held under preemption entry and record, or ii|K>n lands granted on or subsequent to the seventh day of April, 1SS7, and prior to the second day of March. 1!>11, royalty as follows:—

m.i I 'pon all timber suitable for the manufacture of lumber and shingles, a royalty of fifty cents for each thousand leer, board measure, but where the timber consists of

employed or acting under the authority of this Act shall be sufficient proof thereof, unless the defendant proves the contrary. 1912, c. 17, s. 63 (part).

purchase licence.

PAET II I .

DISPOSITION OF TIMBER BY THE CROWN.

16. Crown timber which is subject to disposition by the Crown Disposition by shall be disposed of only by the Minister pursuant to the provisions MlnIster-of this Act and the regulations. 1912, c. 17, s. 10; 1914, c. 32, s. 4; 1921, c. 28, s. 3 (redrawn).

17. (1.) The Minister may from time to time, at the instance of gale of timber any applicant, or otherwise, advertise for sale and sell by public competition!"16110

competition in the manner prescribed in the regulations a licence to cut and remove any Crown timber which is subject to disposition by the Crown.

(2.^ Every offer to purchase a licence under this section shall in- offers to elude an offer on behalf of the person making the same to pay to the Crown, in addition to all royalties and taxes reserved or imposed by Statute'—

(a.) The cost incurred by the Forest Branch in cruising, surveying, and advertising the proposed timber limit:

(b.) An annual rental based on the acreage contained in the lands covered by the licence and bearing the same ratio to Hie area of those lands as the fee for renewal of special timber licences in that part of the Province beais to six hundred and forty acres, subject to reduction each year in the computation of the rental by eliminating from the acreage each area of six hundred and forty acres or multiple thereof actually logged off to the satisfaction of the Minister during the preceding year:

tc.) Such stumpage or additional sum, being not loss than the upset price fixed by the Minister as the person making the offer is willing to pay for the privileges of the licence.

(15.) The cost of cruising payable under subsection (2) may be EXB tixed by the Minister, in his discretion, to include a reasonable sum cruising.8

to cover the actual and necessary expenses incurred by the original applicant for the licence in the preliminary cruising of the timber, such sum not 1o exceed the cost of cruising ordinarily incurred by the Forest Branch under similar circumstances, which sum shall be paid over to the original applicant in the event of his making a bona-flde offer to purchase the licence and failing to obtain the same by reason of the acceptance of another offer therefor.

(4.) Where the stumpage value to the Crown of the timber com- sales where prised in the licence proposed to be sold is less than one thousand tURu'tflioo.111"loss

dollars, the Miuister may remit all or any part of the charges 71

ipenses of preliminary

CHAP. 17 FOBBSTS. 14 Quo. o

Power to reject offers.

Contract of purchase.

Subseqaent sale witnont further adrertlsement.

Pulp licences.

Limitation of pulp licences to capacity of mill.

Forfeiture of licence Is case of failure to erect or operate mill.

specified in clauses (a) and (6) of subsection (2), and may make the sale without advertisement and in such manner as he may prescribe.

(5.j The Minister may, in his discretion, reject any or all offers made for the purchase of the licence.

(6.) Upon the acceptance of an offer for the purchase of the licence, a contract, in writing, which shall constitute the licence, shall be entered into in a form approved by the Minister. 1917, c. 36, s. 4; 1918, c. 44, s. 3 (part).

18. Where a licence has been advertised for sale by the Minister and no offer to purchase is received, or no sale is made, the Minister may at any time, without further advertisement, sell the licence upon the terms and conditions previously advertised and applying to the licence, except that the amount payable by the purchaser shall not include any sum in respect of expenses incurred by the original applicant for the licence in the preliminary cruising of the timber. 1917, c. 36, s. 4; 1918, c. 44, s. 3 (part).

19. (1.) Where the Crown timber, the licence to cut and remove which is proposed to be sold, is chiefly valuable for the manufacture of wood-pulp, the licence shall be described as a " pulp licence," and the Minister may require every person making an offer therefor to produce proof that he is the owner of a mill for the manufacture of wood-pulp or paper of a capacity approved by the Minister; or, in the alternative, may require from such person a bond of fifty thousand dollars and such other guarantee as the Minister may think fit for the erection and completion of a mill for the manufacture of wood-pulp or paper within a time and of a capacity approved by the Minister.

(2.) Pulp licences issued to or held by any person shall be appurtenant to the mill in respect of which they were issued, and the total area held under such licences in respect of any mill shall be governed and limited by the output capacity of the mill, and shall not comprise at any one time more than thirty years' supply of pulp-wood for that mill.

(3.) Where the holder of a pulp licence fails to carry out the erection and completion of a mill in the manner and wi""':? the time required under subsection (1), or, except with the consent in writing of the Minister, fails to maintain in operation the mill in respect of which the licence was issued, and where the failure of the holder continues for three months after notice by Hie Minister mailed by registered mail to the last-known address «f the holder, as shown by the records of the Forest Branch, or published ' • fou» consecutive issues of the Gazette, requiring the completion of the mill or its maintenance in operation, as the ciMe may be, then, unless the written consent of the Minister is obtained extending the time for the completion of the mill or approving of it remain-

ing uuoperated for a stated period, the licence sball become null and void.

(4.) The annual rental payable in respect of a pulp licence shall H>K «j^i jor be one-half the annnal rental otherwise payable in respect of a timber licence under subsection (2) of section 17.

(5.) Upon any saw-timber cut or removed from any area held Additional charge under a pulp licence in respect of which half-rental is being paid comprised in puip-under the provisions of this section, there shall be due and payable per thousand feet of the saw-timber, in addition to royalty oa saw-timber, an amount equivalent to the annual rental that would have been payable under a special timber licence issued at the same date as the pulp licence in question had the saw-timber been held thereunder during a rental period ending on the next renewal date of the pulp licence after the scaling of the saw-timber, fifteen thousand feet, board measure, of saw-timber being taken as the equivalent of one acre in computing said amount. 1917, c. 36, s. 4; 1921, c. 28, ss. 4, 5 (part).

30 . Where the Crown timber, the licence to cut and remove which «educed rental in i i , , . , . - , - , . € . -. certain cases

is proposed to be sold, consists only of dead timber, stump-wood, or wood suitable for the manufacture of turpentine and other distillates, the Minister may permit the annual rental payable under *><ib-section (2) of section 17 to be varied so that reduced rental, to be in no case less than half the amount otherwise payable, may be payable in respect of the licence. 1917, c. 36, s. 4 [part).

2 1 . Where the lands comprised in any licence sold under the pro- iiaif rent»' wucre visions of this Part are not timber lands as defined in section 44 of tfmber'unds the " Land Act," the rental payable in respect of the licence shall be one half of the rental otherwise payable. 1919, c. 45, s. 2.

3 3 . (1.1 The Minister may from time to time grant hand loggers' Hand loggers licences to cut Crown t.aiber which is subject to disposition by the Ucenccs' Crown upon the following conditions:—

(o.) A hand-logger's licence shall be personal and shall only grant authority to the person named thei-ein (who must either be the holder of a registered timber-mark or have made application for n timber-mark as provided under Part IX. to cut timber as a hand-logger, and the licence shall be in force for one year from the date thereof and no longer:

(ft.) No licence under this section shall be granted to any person whose name is not on the Provincial voters' list, unless the person is an Indian as defined in section 2 of the " Provincial Elections Act '*:

(r.l The area to be specified or designated in each licence granted under this section shall, before the granting of the licence, be inspected and approved by an officer of the Forest Branch:

CHAP. 17 F0BE8T8. 34 GBO. 5

Penaltj (or violation of conditions of licence.

(d.) The holder of a licence granted under thit. section shall not nee machinery propelled or operated otherwise than by muscular power in carrying on lumbering operations under the licence:

(e.) The bolder of a licence granted under Ihis section shall be subject to the regulation governing the disposal of debris and the prevention of Are.

. (2.) Every person being the holder of a licence granted under this section who violates any condition upon which the licence is granted shall be liable to have his licence cancelled by the Minister, in his disciction, and shall in addition be liable, on summary conviction, to a penalty of not less than twenty-five dollars and nut exceeding one hundred dollars. 19J2, c. 17, s. 31; 1913, c. 26, s. 9; 1914, c. 32, s. 14; 1920, c. 44, s. 10.

Permit 10 cut timber on pre-emptions.

23. Where any pre-emptor or any purchaser of Crowd land is desirous of cutting and removing or disposing of the timber standing on the land in a manner or to an extent which, except for this section, he is not entitlea by law, the Minister may, subject to the payment of the timber royalty reserved, g^ant to the pre-emptor or purchaser a permit to cut and remove or dispose of the timber standing on the land, on such terms and conditions as the Minister may prescribe; and the pre-emptor or purchaser may thereupon cut and remove or dispose of the timber in accordance with the provisions of the pennit. 1920. c. 44. s. 4 (part).

I'roe-use permits to cut timber.

IVrnons entitled to free-u*" permits.

24. (1.) Notwithstanding anything contained in this Act or in the '' Timber Royalty Act,"' the Minister may from time to time grant a free-use permit which will entitle the holder to cut timber free of stumpage or royalty on the following conditions:—

(a.) A free-use permit shall be personal and shall grant authority to the person named therein aud his servants to cut timber for the purposes specified in the permit only:

(6.) A free-use permit shall be limited to an area not to exceed one hundred and sixty acres in extent and shall bo for a term not exceeding one year:

(c.) The holder of a free-use permit shall be subject to all the regulations issued from time to time governing Ihe disposal of debris and the prevention of fire pursuani to Parts XI. and XII . :

(<1.) A free-use permit for cutting timber from vacant Crown land shall be issued only when the person applying for it has not sufficient timber on land owned or occupied by Mm for the purposes specified in the permit.

(2.) The following persons only shall be entitled to obtain a free-use permit under this section, and for the following purposes respectively:—

1923 FOBBBTS. CHAr. 17

(«.) Free miners -.'ithin the mtsming of the f ?rra " free miner" as defined Jo the w Mineral Act," for the purpose of cutting timber for actpp] bona-flde needs while engaged in prospecting or preliminary development-work on any mineral or placer claim, if the free miner gives satisfactory proof to the Forest Branc* that the mineral or placer claim is not being operated so that any income or profit is derived therefrom:

(&.) Actual settlers who are occupiers of agricultural lands, for use in the development for agricultural purposes of lands occupied by them :

(c.) Persons cutting cordwood for personal use for fuel for domestic purpose» and not for sale:

(d.) Boards of School Traetees cutiiiig cordwood for school purpose1;:

(e.) Actual settlers who for a period of six months have made bona-fide use of lands for which payments to the Crown have been completed, and pre-emptors who are complving with thf- provisions of the " Land Act" under which their reords were issued, cutting cordwood upon the said lands foi sale.

(3.) Every holder of a free-use permit granted under this section cancel! >o&. who violates any of the conditions on which the permit ts granted shall be guilty of an offence againat the provisions of this Act. and in addition to all other penalties to which he may be liable shall be liable to the cancellation of his permit by the Minister. 1922, c. 41, R. 3.

2 5 . (1.) In the case of anv CVowu lands which are not comprised sale of licence to . . . . . ," . . . , , , . , tap trees for resin

in any application to purchase, or in any timber lease or timber on crown lands, licence, the Minister may from time to time offer for sale and sell by public competition a licence to tap the trees standing on those lands for the purpose of obtaining resin, on terms and conditions prescribed by this section and by the regulations, which licence shall be known as u " resin licence."

(2.) The annual rental in respect of every resin licence shall be Annual rental, not less than two cents jier acre.

(3.) No resin licence shall in any wnv limit or alfct the disposi- Disposition of . . , , , . , . ., . "». , . . i lands comprised In t:on of any lands comprised in the resin licence by pre-emption, sale, iesin iiconce lease, or other alienation by the Crown under any Act of the Legislature, nor in any way limit or affect the disposition of any timber on the lands comprised in the resin licence by sale, licence, or otherwise under this Act; except that during the term of the resin licence, and until a Crown grant is issued of the lands in respect of which any such alienation or disposition is made, the holder of 'he resin licence may continue to obtain resin under the licence from the trees on those landu so long as any trees are left stauding thereon. 1920, c 44, 8. 4 (part).

CHAP. 17 F0HK8T8. 14 Geo. 5

Pero'.t to bolder of timber lease or timber llcenci to Up tree» for resin.

26 . Subject to the payment of royalty at the rate provided in section 57, the Minist-r may grant to the holder of any timber leaae or timber licence a permit to tap the trees standing on the lands covered by or included in the lease or licence for the purpose of obtaining resin therefrom, on such terms and conditions as tl • Minister may prescribe; and the holder may thereupon obtain and dispose of the resin in accordance with the provisions of the permit. 1920, c. 44. s. 4 (part).

Permit to pre-emptoij to U p tree* for resin.

27 . Where any pre-emptor is desirous of obtaining or disposing of resin from the trees standing on his pre-emption in a manner or to an extent which, except for this section, he is not entitled by la-*-, the Minister may, subject to the payment of royalty at the rate provided in section 57, grar t to the pre-emptor a permit to tap the trees standing on his pre-emption for (lie purjwse of obtaining resin therefrom, on such terms and conditions as the Minister may prescribe: and the preeinptor may thereupon obtain and dispose of the resin in accordance with the provisions of the permit. 1920. c. 44. s. 4 (part).

Permit to u p trees for reun on lands ndd under purchase application.

28. Where the applicant unde." any application for purchase of lands pursuant to any Act relating to Crown lands is desirous of obtaining or disposing of resin from the trees standing on the lands in a manner or to an cxtr-nt which, excer" fcr this section, he is not entitled by law, the Minister may. subject to the payment of royalty at the rate protideJ in section 37, grant to the applicant a permit to tap the trees standing on the lands for thf> purpose of obtaining resin therefrom, on such ten.is and conditions as the Minister may prescribe; and the applicant may ther-'upo.i obtain and dispose of the resin in accordance Mith fhc provisions of the permit. 15120. c. 44. s. 4 (part).

< rntlon of forest rrjM'rve* hr Proclamation

29. (1.) The Ministe. shall carse an examination of Crown lands to be made by the Forest Itranch for the purpose of delimitating the areas of such lauds which it is desirable to reserve for t!i" perpetual growing of timlier. and as a result of the examination the 'Jeutenant-Governor in Council may, by Proclamation, constitute an • such area a jienna. "tit forest resnve: and upon such proclamation all land included within the boundaries of the area shall l>e wiihdmwn from sale, settlement, and ocmpniirt under the provision*- 01 the "Land Act." and in rc.>j>oct of the " Mineral Act " end " I'iacer-minirg Act " a d "Coal and Petroleum Act " shall 1« subject to such conditions as the Lieutenant Governor in Council may impose. A'ter such proclamation no Crown land within the boundaries of the forest reserve shall be sold, leased, or otherwise disposed of or be locatrd or settled upon, and no |>er on shall use or occupy any part of the land except under the provisions of this Act or of the regulations.

1923 Foawia. CHAP. 17

(2.) Forest reserves sball be under the control and management Management of of the Minister for the maintenance of the timber growing thereon, ratTrti-for the protection of the water-Bupply, and for the prevention of trespass thereon.

(3.) Any forest reserve may from time to time be cancelled in Cancellation of whole or, iu part by Order in Council. 1913, c. 17, s. 12 (part). r ra* r ra-

30 . The Lieutenant-Governor in Council may, with the consent Exchange of awr . of the owner of the land, exchange for any land enclosed in whole JlSS iSuMn*™** or in part by the boundaries of any forest reserve, the title to which reserTe-is not rested in the Crown in right of the Province, available Crown lands situate without tlip reserve, other than timber lands; and may, with the consent of the ho'.der of the timber leasehold or timber limit, exchange for any timber leasehold or timber limit enclosed in whole or in part by the boundaries of any forest reserve available Crown timber on corresponding areas of Crown lands situate without the reserve, and when necessary may niiike compensation upon the exchange; and a copy of every Order in Council authorizing such an exchange shall be laid before the Legislature during the first fifteen days of the next ensuing session thereof. 19TJ, c. 17, s. 12 (pari).

PAKT IV.

TIMIIKB LEASES.

3 1 . (Li Any lease of Crown lands existing on the twenty-seventh i{<n.«i.i or timtxr day of February. KiTJ. granted by the Crown in right of the Province pursuant to any statutory authority to any lessee for the purpose of cutting spars, timber, or lumber which was duly surrendered and renewed utnler the provisions of the " Land Act Amendment Act. lftOL" or any other statutory provisions- for leasehold renewals, may he renewed for consecutive and successive j<e."ious of twenty-out years, subject to such terms, conditions, royalties, aud ground-rents as may ho in force by Statute at the time of the expiration of t ie lease; but no lease shall be renewed under the provisions of this section unless the «enewnl is applied for within one year previous to the expiration of the existing lease, and all the conditions of the lease and all regulations prescribed by or under any Act of the Legislature from time to time c-oucerning the cutting, scaling, and removal of timber and the disposal of debris mid the prevention of tire have IM'CII

complied with to the satisfaction of the Minister, and all charges prescribed by or under any Act of the Legislature from time to time in respect of the leasehold for the upkeep of a system of fire prevention and extinguishment, together with nil royalties, rentals, scaling fees, and other charges, have been o ly and fully paid.

i'2.) Applications for lenewnl of leases under the provisions of Rene»-*!, section 13 of the " Forest Act"' repealed by this Act pending «t the

CHAP. 17 Foaagra. 14 Qm. 5

comjaencement of this Act shall, in respect of leases the date of expiry of which was prior to the commencement of this Act, be dealt with and the leases renewed nnder the provisions of said section 13 as if it had not been repealed, and in respect of leases the date of expiry of which is subsequent to the commencement of this Act, be dealt with and the leases renewed nnder the provisions of this section.

Pom of rcL«r*i (3.1 The renewal of any lease nnder the provisions of this section ***"' may be in the form set out in the Schedule, subject to such variations

as may be prescribed by the regulations, and the renewal of every lease heretofore or hereafter renewed under section 13 of the " Forest Ac t" repealed by this Act, in a form substantially like the form set out in the Schedule, shall be deemed to be as effectual for all purposes as if made under the provisions of this section.

Terms and (4.) TVhere ary lease was renewed under the provisions of section renewal is subject. 13 of the " Foresit Act " repealed by this Act or is renewed under the

provisions of this section for a period of twenty-one years, the lease and the removal of the timber held thereunder shall during that period be subject to the like terms, conditions, and royalties as under any Act of the Legislature ar» from time to time in force in respect of timber held or cut under special timber licence in that portion of the Province wherein the lands covered by the lease are situate; and the lease shall also during that period be subject to the payment of ground-rent each year at a rate per acre calculated as the six-hundred-and-fortieth part of the annual renewal foe payable that year in that portion of the Province for a special timber licence covering six hundred and forty acres. 1012, c. 17, s. 13; 1919, c. 45, s. 3 i/icir in part^.

Annual renui upon 32. Every lessee holding a lease of Crown lands granted for the leases* ° purpose of cutting spars, timber, or lumber which was renewed under

(he provisions of the "Land Act Amendment Act. 1901." or under any other statutory provisions for leasehold renewals, the original period whereof terminates subsequent to the twenty seventh day of February, 1912, and for the residue of the term whereof new, further, or other rentals and royalties, conditions and regulations, may be imposed or prescribed by Statute, shall, for the residue of the term of the lease, be subject to pay and shall pay to the Crown in right of the Province an annual rental of fifty cents per acre and a royalty of oi.e dollar and fifty cents j>er thousand feet on the scaled measurement of all timber cut on the leased premises, and shall be subject also to comply and shall comply with all the condition» laid down in the last preceding section, and with all mich other terms and conditions as under any Act of the Legislature are from time to time in force and appIicaMe to licensees and to timber held tinder special timber licences: Provided that in each year during the residue of the term of the lease, upon due payment by the lessee of the rental and royalty imposed by this section, the Forest

Branch shall refund to the lessee such portion of his payment on account of rental as exceeds the amount that he would have paid bad he made payment at n rate per acre calculated as one six-hundred-and fortieth part of the fee payable that year in the portion of the Province wherein the lands covered by the lease are situate for a special timber licence covering six hundred and forty acres, and such portion of his payment on account of royalty as exceeds the amount that the bolder of a special timber licence would have been required to pay for the same scaled measurement of timber cut during the same period of time. 1912, c. 17, a 14; 1915, c. 28, s. 6; 1919, c. 45, s. 4.

TART V.

SPECIAL TIMBER LICENCES.

3 3 . In the event of anv dispute between holders of special timber Kirect of priority of location-

licences as to the areas oi timber to which as between themselves the holders of licences are entitled, effect shall bo given to priority of location, so that the first locator shall hare and take the area and timber comprised in his location; but nothing in this section shall be deemed to validale any sj>ecial timber licence as against any prior Crown grant, lease, special timber licence, or pre-emption record. 1912, c. 17. s. 17 iparl).

3 4 . A special timber licence shall vest in the holder thereof all isighu «ad powers rights of property whatsoever in all trees, timber, and lumber cut gjeii^tuni^r0*1, * within the limits of the licence during the term thereof, whether l ic tnce

the trees, timber, nud lumber are cut by authority of the licensee, or by any other perxou with or without his consent; and such licence shall entitle the holder thereof Jo seize, in revindication of any rights or otherwise, such trees, timber, or lumber where the same are found in the possession of any unauthorized person, and also to institute any action against any wrongful possessor or trespasser and to prosecute all trespassers and other offenders to punishment, and to rt-cover damages (if nnyi ; and all proceedings pending at the expiration of any licence may be continued to final termination as if the licence had not expired: Provided that upon the expi<*ntion of any licence all rights of property of the holder of the licence in auy trees, timber, or lumber cut within the limits of the licence and not removed {herefrom during the term of the licence saall cease, and the trees, timber, and Inmber shall ipso facto rest in the Crown in right of the Province. 1912, c. 17, s. 38 (altcivd).

3 5 . (1.1 Ercry special timber licence the holder of which has Permanent tenure complied with the provisions of section fl of chapter 2N of the timiwr'fiwnc™. Statutes of 1910, and every special timber licence obtained pursuant

CHAP. 17 FOHBSTS. 14 GHO. 5

to the provisions of subsection (3) of section 21 of the " Forest Ac t" repealed by this Act, shall be transferable and renewable from year to year while there is on the land included in the licence merchantable timber in sufficient quantity to make i t commercially valuable.

Expiration of (2.) The Minister may from time to time call upon the holder of tans to establish any special timber licence, snbject to the provisions of this section, merchantable to furnish to the Forest Branch a cruise of the timber limit com

prised in the licence; and if such cruise is not furnished, or if, when furnished, it does not establish to the satisfaction of the Minister

* the existence of merchantable Umber in sufficient quantity to make i t commercially valuable, the special timber licence shall expire at the end of its then current year. 1912, c. 17, s. 21 (pari).

Tenure under 36 . (1.) All special timber licences issued between the fifteenth IrtSetn Apnfistn. day of April, 1905, and the tenth day of March, 1910, shall be trans-1905. and March • , , •« , •» , * , .

loth, loio. ferable and renewable each year for twenty-one successive years from the original date of issue thereof.

(2.) The holder of any special timber licence to which this section applies, the timber limit included in which has been surveyed in accordance with the provisions for the survey of the timber lands in force under the "Forest Act" repealed by this Act, or under section 141 of this Act, may, upon payment of a fee of twenty-five dollars and upon surrender of the licence on or before the thirty-first day of December, 1924, obtain in lieu thereof a special timber licence transferable and renewable from year to year while there is on the land included in the licence merchantable timber in sufficient quantity to make it commercially valuable. 1912, c. 17, s. 20.

j'avmenu to 37 . Every special timber licence and every renewal thereof shall renewal* of licences be subject to the payment of such annual renewal fee, and such tax

and royalty, and to such terms and conditions, regulations and restrictions, as are fixed or imposed by any Statute or Order in Council in force at the time the issue or renewal of ihe licence is made, or at any time thereafter; and no licence or any part thereof shall be renewed in default of payment of any moneys payable to the Crown in respect of the licence, or in respect of any timber cut on the lands comprised in the licence, or in respect of nny matter arising out of the flitting or removal of the timber. 1912, c. 17, s. 2G (redrawn).

Annual renewal fee. jjg, fj , j j , e fpe ror , | l p a n n „ a ] renewal of each special timber licence covering not more than six hundred and forty acres of land shall be as follows:—

(a.) Where the land comprised in the licence is situate west of the Cascade Mountains Mid ic not within the area comprised in the Klectoral District of Atlin as defined at the time the licence was originally issued, a fee of one hundred and forty dollars:

{h.) In all other cases, n fee of one hundred dollars. 80

(2.) The foregoing fees shall be the maximum fees for renewals of special timber licences during the period from the commencement of this Act to the thirty-first day of December, 1954. 1914, c. 76, s. 18 (redrawn).

39. (1.) The fee for the renewal of each special timber licence payment of tees. shall be indivisible and shall be paid f>T>aually before the expiry o f

the licence or within twenty-four hours after the date of expiry. (2.) All feeb shall be payable at par at the Forest Branch, Vic

toria, and if made by cheque the same shall be certified. (3.) In case the holder of the licence fails or neglects to pay the

renewal fee to the Forest Branch at Victoria within the time mentioned in subsection (1), he shall, at any time within one year after the date of expiry, upon payment of the renewal fee and an additional sum of two dollars and fifty cents for each full month or for any part of a month between the date of expiry and the date of payment, be entitled to a renewal of the licence. 1917, c. 30, s. 7 (redrawn).

40. (1.) In the case of a special timber licence which has been provisions issued in lien of a timber lease, pursuant to the provisions of sec- Up&ii* tim'>°r tion lo of (he "Forest Ac t " repealed by this Act, the annual re- utTot*timbw lit'wal fee shall be calculated on an acreage basis at a rate per acre east9' of the area covered by the licence equal to one six-hundred-and-forlielli part of the annual rem-wal fee payable at the time of the issue of the licence ii. that part of the Province for a special timber liiciiee.

tlM Kvery licence so issued shall he transferable and renewable from year to tear while there is on the land included in the licence merchantable timber in «nflieient quantity to make it commercially valuable, r-om time to time any area of six hundred and forty acies or multiple thereof comprised in (lie licence may, on the application of the licciwe. l>e eliminated from the licence, and thereupon the annual renewal fee for the licence shall be proportionately reduced as from the next ensuing annual renewal date of the licence.

i.:. i Where the annual renewal fee for a licence so issued is not paid within twenty-four IIOUI-M after the dale of the expiry of the licence, additional sums shall be payable in manner provided in section :'.!>. such sums hearing the same ratio respectively to the additional sum menlioned in that section as the area comprised in the licence bears to six hundred and forty acre*.

(4.) Kxecpf as provided in thin section, every licence so issued and every renewal (hereof shall vest in (he holder thereof the same rights and be subject in all respects to the provisions of (his Act, including the provisions as to renewal fees, (axes, and royalties, to the like extent and in the like manner ns a sjiecial timber licence. 1915, c. 28, s. 7; 1910, c. 2:1, s». (i; 1920, c. 44, s. 5 (part).

CHAP. 17 FORSBTS. 14 G*o. 5

S?™?*} #»u,S?e? 4 1 . Where any person at the time of his death is the holder of In ervnt of deatb ot r

bolder. or has an interest in a special timber licence, and where it is established by evidence satisfactory to the Minister within six months after the death of the deceased person that he was the holder of or had an interest in the special timber licence at the time of his death, the right to obtain a renewal of that licence shall not become forfeited during the period of one year from the death of the deceased person through failure on the part of the personal representatives of the deceased person to make the payments prescribed by this Act or by the " Forest Act Belief Act" in respect of his interest in the licence; but no person shall have any right to obtain a renewal of the licence after the expiration of the said period of one year unless, before the expiration of that period, the personal representatives of the deceased person hare paid in full all sums which during that period have become payable and are unpaid in respect of the licence under this Act or under the '• Forest Act Belief Act," together with interest at the rate of six per centum per annum on the respective sums so paid from the dale they became payable to the date of payment; and where, prior to the application for renewal under this section, any land or timber formerly comprised in the licence has been alienated or disposed of by the Crown, the renewal of the licence shall be subject to such alienation or disposition. 1921 (2nd Sess.), c. 25, s. 7 {redrawn).

Power of Lieut -(.ovcrnor In Council to reinstate licences.

Power to require removal of timber from Und fit for «Fit lenient.

42. (1.) For tbe purpose of eui]>owering the Lieutenant-Governor in Council to relax the strictness of the iaw.s relative to the making of payments in respect of special timber licences, in ea«*e« of default arising through misunderstanding, mischance, or unforeseen delays, where, without such relaxation, great loss, hardship, or injustice could not be avoided, the Lieutenant Governor in Council, whenever he considers it right and just. nia\ accept the payment of special timber licence renewal foes, fire prevention tax, additional sunib, annual instalments, and interest at a time subsequent to the time provided for the payment thereof, together with further additional sums and interest at the like rates up to the time of payment, nnd may relieve from forfeiture and grant a reinstatement and renewal of the licence in respect of which the default arose.

(2.) A return showing all licences reinstated under this section shall be submitted annually to the Legislative Assembly. 1922, c. 41, s. 4 (rcdrau-n).

4 3 . Where, after an inspection has been made by direction of the Minister, the whole or any part of the land included within any special timber licence, or in any pulp licence, is in the opinion of the Minister found to be fit for settlement and to be required for that purpose, he may by notice require the licensee to carry on and complete the removal of the timber thereon within such reasonable time as the Minister may prescribe; and on the expiration of that time,

1923 FOBESTS. CHAP. 17

or any extension thereof granted by the Minister, the licence shall, in respect of the land or part thereof described in the notice, be cancelled, and the land or part thereof so required shall be open for settlement or sold on such terms and conditions as the Lieutenant-Governor in Council may think fit. If the licence is cancelled as to part of ''•he land included and is renewed as to the balance, the annual renewal fee for the licence shall be proportionately reduced. 1918, c. 44, s. 8.

44. (1.) No person shall cut or remove any trees or timber upon cutting ot timber or from any timber leasehold or timber limit or lands granted by boundaries"? lands the Crown unless at the time the trees or timber are cut the the ground °n

boundaries of the timber leasehold, timber limit, or granted lands are defined on the ground to the satisfaction of the Minister.

(2.) Where the boundaries of any surveyed timber leasehold, power to require . . . . . . . . . , , - , .. ,t_ . . . . . . . . further definition of timber limit, or granted lands are found, in the opinion of the Mm- boundaries. ister, to be insufficiently defined on the ground, the Minister may order the holder of the timber leasehold, timber limit, or granted lands to further define the boundaries at his own expense in accordance with the regulations governing the survey of timber lands by a surveyor approved of and acting under instructions from the Minister. 1014, c. 32, s. 11 (part, rcdiaicn).

45. (1.) Where in the opinion of the Minister the creation of a rower to cr.»te , . . . , ., . . . , , ,, , , . . pulp districts.

pulp district under this section would secure the establishment or (he continuance in operation of a mill for the manufacture of wood-pulp or paper, and would thereby aid in the development of any area of lands in the Province, and in the conservation and perpetuation of the timber thereon, the Minister, with the approval of the Lieutenant-Governor in Council, may, by notice in the Gazette, declare that area a pulp district, and thereafter the disposition of all Crown timber within the district shall be subject to the provisions of this section.

(2.) Where the timber comprised in any special timber licence Kxcuauge of special becomes included within a pulp district created under subsection iKHpTicenceiT* (1), and is suitable tor the manufacture of wood-pulp, and where the holder of the licence is the owner of a mill for the manufacture of wood-pulp or paper, or has _ivcn a bond of fiftv thousand dollars and such other guarantee as the Minister nay think fit for the erection and completion of a mill for the manufacture of wood-pulp or pajMir subject to such conditions1 a.s the Minister may approve, then, upon surrendci of the licence, the holder of the licence may obtain in exchange therefor a pulp licence covering the lands comprised in the surrendered licence. The annual renewal fee for the pulp licence shall be an amount equal to one-half of the annual renewal fee theretofore payable in respect of the special timber licence eo surrendered, and all provisions of this Act relating to

CHAP. 17 FORJBSTB. U GEO. 5

Disposal of CrowD Umber In district tributary to existing pulp-mill.

Disposal o? Cron i tlmW la other cases

Limitations applicable to pulp licences issued In excuanw for special limber licence!'

payment of annual renewal fees and to the renewal of special timber licences shall apply to the pulp licence, except that the additional sum payable on default shall be one-half the additional sum provided in section 39 in respect of special timber licences: Provided that if the holder of a pulp licence so obtained, who has given security for the erection and completion of a mill pursuant to this section, fails to erect and complete the mill in compliance therewith, he shall, in addition to all other liabilities arising by reason of his default, forfeit all right to obtain a renewal of the pulp licence; but upon surrender of the pulp licence at any time within the period allowed under this section for the erection and completion of the mill, and upon payment of the difference between the amount of the renewal fees and additional sums paid by him under the pulp licence and the amount of the renewal fees and additional sums which, except for the surrender of the special timber licence, would have accrued under it, the holder may obtain in exchange for the pulp licence a special timber licence covering the lands comprised in the surrendered pulp licence.

(3.) Crown timber situate within any pulp district tributary to any pulp licence and forming a part of the same logging unit, or tributary to any existing pulp-mill, may be reserved by the Minister for the use of the holder of the licence or the operator of the pulp-mill, and may be sold to such holder or operator from time to time as is necessary to enable him to complete his ojierations in that logging unit, at prices fixed by the Minister and appioved by the Lieutenant-Governor in Council; but in any reservation and sale under this subsection such exceptions and conditions shall be made and imposed as the Minister considers necessary to meet the needs of established local industries or of industries essential to the wel fare of the community, and which are or may become dejtendent on Crown timber for thpir supply of raw material.

(4.) Where a pulp district created tinder subsection (1) is not tributary to anv existing pulp mill, and the timber comprised in the district is principally Crown timlier, the Crown timber therein shall be disposed of only as provided under section If), for the maim facture of wood-pulp.

(5.) The issuance of pulp licences in exchange for speciul timber licences under subsection d i and the reservation and sale of Crown timber under subsection |.'?i shall be subject to the following limitations : - *

(a.) The issuance of the pulp licence nnd the reservation and sale of ('pown timber shall in every case be subject to the approval of the M" lister; and

(6.) The area of Crown timber land so dealt with in any case shall not exceed such nren as, by the use of approved methods of logging and forest management, will be sufficient to maintain a perpetual supply of timber for the use of

1923 FOBESTB. CHAP. 17

the pulp mill in respect of which the licence is to be issued or the sale made; and

(c.) The minimum capacity of the pulp-mill shall be such as is approved by the Minister; and the quantity of timber which the licensee is entitled to cut annually under bis licence within the pulp district tributary to the pulp-mill shall be limited to such quantity, to be determined by the Minister from time to time, as will not be greater than the annual forest-producing capacity of the pulp district.

(6.) Upon any saw-timber cut or removed from any area held Addiiionai charge under a pulp licence issued under subsection (2), there shall be due Mm rTaeinnr

and payable per thousand feet of the sa>- -timber, in addition to pu p ™ t r ' royalty on saw-timber, an amount equivalent to the rnnual rental that would have been payable under the special timber licence so surrendered had it continued to be held during a rental period ending on the next renewal date of the pulp licence after the scaling of the saw-timber, fifteen thousand feet, board measure, of saw timber being taken as the equivalent of one acre in computing said amount.

(7.) Every pulp licence issued under subsection (2) and every Application of reservation and sale of Crown timber under subsection (3) shall JSSw"?1" aDd

be subject to the regulations in force from time to time under this canccl"lt on-Act, and to cancellation by the Minister at any time upon failure of the person carrying on logging operations thereunder to comply with the provisions of this section and the regulations. 1!>21, c. 28, s. 7; 1021 (2nd Sess.i, c. 25. s. 4.

46. i l.i AYhere Hie timber comprised in any special timber Exrhawn or special licence is ascertained by The Forest Branch to be of greater value piaViiconcw" for Hit manufacture of wood-pulp than for the manufacture of lumber, and where the holder of the licence is the owner of a mill for the manufacture of wood-pulp or paper in actual operation, the holder of the licence, with the consent of the Minister and upon such conditions as he may im]K>pe, may surrender the licence and obtain in exchange therefor n pulp licence covering die land* comprised in'the surrendered licence.

(2.) If the said mill continues to be operated to full capacity i,^,,,,.,^ ten for

to the satisfaction of the Minister, the annual renewal fee for the v"'v "^1"""* pulp licenc" shall be an amount o(|nnl to one-half of the annual renewal fee theretofore payable in resjiect of the sjiecial timber licence so surrendered, and all provisions of this Act relating to payment of annual renewal fees .incl to the renewal of sjweial timber licences' shall apply to the pulp liren.e, except that the ad ditioual sum payable on default shul! be one-hall the additional sum provided in section :?!) in respect of special timber licences.

(II.) Upon uny saw-timber cut or removed from any area he'd Additional cnanrr under a pulp licence issued under subsection (1), there shall be due ""m^Hiwdminr

and payable per thousand teet of the saw-timber, in addition to ' 1 ' " p ^110*' 85

CHAP. 17 FOBKKTO. 14 GEO. 5

royalty on saw-timber, an ttuonnt equivalent to the annual rental that would have been payable under the special timber licence so surrendered had it continued to be held during a rental period ending on the next renewal date of the pulp licence after the scaling of the saw-timber, fifteen thousand feet, board measure, of saw-timber being taken as the equivalent of one acre in computing said amount. 1921, c. 28, s. 8; 1921 (2nd Sess.1, c. 25, s. 5 (part).

PART VI.

for right-of-way for carriage of Umber.

Eatrr upon blghwar for coaetrnettoo of lofftoc railway.

RlGHT8-0F-WAY.

Power to take land 4.7. For the carriage and transport of timber and products of the forest, any land may be taken and used for a right-of-way for, or by, or on behalf of any person desiring to transport any timber or product of the forest, without the consent of the owner of such land, or of any person having or claiming any estate, right, title, or interest in, to. or out of such land, subject always to the provision» of this Part. With the consent of the Minister. Crown lands may be taken and used under this Part. 1912, c. 17, s. 32.

48. ( l . i For the purpose of constructing, operating, and maintaining a logging-railway, entry may be made upon any highway, upon leave therefor being first obtained:—

(a.) In the case of a highway which is within the limits of a municipnliti by a by-law of the municipality consenting thereto:

(5.1 In the rase of n highway which is not within the limits of a municipality, by the consent in writing of the Minister of Public Works.

12. > The person constructing any such railway shall, before obstructing any such highway by his works, turn thr highway so as to lea\e mi o]K>n and good passage for vehicles, and, on completion of the works, restore the highway to as gwnl a condition as nearly ns possible as it was in originally. 1918, c. -14, s. 10.

Rlfht of »«jr at asaloit owoer of land

49. An.\ person desiring to transport any timber or product of the forest may avail himself of and may obtain a right of way for a logging railway or other method of transportation tinder the provisions >>f this Part from and ns against the owner of the land across, through, or over which a right of-way is desired: ,md the owner of any land shall, for all pur|Mwes of this Part, be deemed to be the person wh<» is. by means of being the registered owner of the legal est ito -aallied to sell and convey the land, or, as a purchaser of

Crown lands or a pre emptor of Crown lands, is in possession of the land, or, as the holder of a lease from the Crown, is in possession of the land, or, as the holder of a timber lease or timber licence, is entitled to cut anc1 remove the timber upon or from the land; and the person seeking a right-of-way shall not be affected by a notice of and shall not be bcund by any trust, and shall not be impeded in the securing of n right-of-way by any trust. 1912, c 17, •>, 33 (altered).

50. The land which may be taken without the consent of the Brudtu a land owner for a right-of-way shall not exceed forry feet in breadth, except in places where (he grade-level of the right-of-way is proposed to be more than five feet above or below the .surface of the adjacent land, when such additional width may be taken as will suffice to accommodate the slope and side-ditches. 1012, c. 17, s. 34.

5 1 . Before entering upon any land for use as a right-of-way, the Notice to o«n<r person desiring to obtain the right-of-way shall serve upon the owner of the land a notice of desire to obtain the right-of-way, together with a plan showing the intended location and dire.iion of the desired rignt of way: and in the case of Crown lands, the person desiring to obtain the right-of-way shall, in addition to serving any notice required by this section, obtain the consent of the Minister in writing. 1!)12, c. 17, s. 3o (redrawn).

52 . Sections T»2 to 73 of the " British Columbia Itailwar Act,"' Application of ' 4s T'» t o 7 3 of

shall, mutatis mutandis, apply in respect of the taking of l..mls by --Hntun roimiiMa f £ttilM*A ¥ Act **

any j»erson for use as a right-of-way under this Part. 191:1. c. 17. ss. 3(1-57 [substituted .

PAKT VII.

UOYM.TIKS AM» TAXES.

5 3 . (1.) Subject to the provisions of the "Timber Royalty Act" Timber royalty, and to the provisions of section ,r>4 of this Act. there is reserved to and for the use of His Majesty upon and in respect of timber cut upon Crown lands, or upon lands held under preemption entry and record, or upon lands granted on or subsequent to the seventh day of April, 1SS7, and prior to the second day of March. 1014, royalty as follows:—

(«.) Upon all timber suitable for the manufaclure of lumber and shingles, a royalty of fifty cents for each thousand feet, board measure, but where the timber consists of

CHAP. 17 FonBBTS. 14 GBO. 5

Exemption from payment of roralty 00 wood for experimrntat purpose*.

Certain lands exempt from roTalt/.

shingle-bolts the royalty shall be twenty-five cen*s per cord :

(6.) Upon all timber suitable for piles and poles cut as aforesaid, a royalty of one cent for each four feet, lineal measure:

(c.) Upon all timber suitable for hewn railway-ties or for mining-props or lagging cut as aforesaid, a royalty of fifty cents per cord:

(d.) Upon all other timber, wood, or bark cut as aforesaid, a royalty of twenty-fire cents a cord.

(2.) The Lieu tenant-Go vernor in Council may remit the royalty upon wood actually consumed for experimental purposes by any corporation engaged in the manufacture of distillates aud other by-products from wood.

OJ.) ID case of any granted land, the title to which was acquired by virtue of:—

(a.) A pre-emption claim recorded prior U> the seventh day of April, 1S87: or of

(&.) An application to purchase duly made under the "Land Act, lSSi." or under any other Land Act before the seventh day of April, 1SS7,— *

the royalties reserved by subsection ( l i shall not apply in respect of the land so grained. 1!M2, r. IT. s. ."»$: I!H4. c. Tii. -•* 4. 1<I: liilo, c. I'S, s«. l-\ 14: V.W. c. 44, s. H ; l!r_M • ^ml Sex»... c. 1\". s. < i/,.///. red rate it 1.

Rornlty on pulp wood.

5-t. 1 l.i In this section the expression " pulp wood " shall mean timber:

1 n. 1 Cut into lengths not exceeding four feet: or t6.i Cut uiN«ii land sjtecitied in any pulp licence: or (<• 1 heel a red by the Minister to be pulp-wood for the purposes

of this section, upon it being shown to his satisfaction that the timber is below the standard of utilization for «iw-milling purposes in the district in which it is cut;

and wliidi is u>ed i» liic manufacture of wood-pulp or pnjier. t'2.1 There is reserve 1 to and for the use of His Majesty upon and

in respect of pulp wood cut it|x»n Crown lands, or ii|»on lands held under pre-emption entrt and record, or uiion lands granted on or subsequent to the seven Mi da\ of April. 1S<7. a royalty of twenty-five cents per cord, except as may be otherwise provided in any existing pulp lease.

(.'!.I In lien of the royally of twenty-rive cents jier cord of puip wood, lhe Minister may. in any case in which he deems it desirable, di/ccf:

(A. 1 That an equivalent royalty «hall be payable per ton of wood-pulp manufactured, one ton of air-dry ground wood-pulp and one half ton of air-dry chemical pulp being taken

as equivalent to one cord of palp-wood, until otherwise determined by the regulations:

(?>.) That a» equivalent royalty shall be payable on the basis of the number of feet, board measure, sever hundred feet, board measure, bring taL^u as equivalent to one cord of pulp-wood, until otherwise determined by the regulations:

(c.) That an equivalent '•"valty shall be payable on the basis of the cubic con b u t according to a scale of the logs computed ou the mean diameter or diameter at he middle of each log, one hundred cubic feet being takeu as equivileut lo ow mid of pulp-wood, until otherwise determined by the regnlations. W21 (2nd Sess.), c. 'Jo. s. 19 [redrawn).

55. YYIieir any merchantable timber is left uncut in anv logging iioyaity on operations upon Crown lands, or upon lauds held under preemption t'mber10 a

entry and record, or upon lynds granted on or sulreequent to the seventh day of April, 1SS7; and where the cutting of the timber* is required by the regulations, and is in the opinion of the ^linister commercially feasible: and where the timber, if cut, would have been subject to royalty under this or any other Act, all merchantable timber so left uncut shall be subject to royalty payable upon demand to the Minister at the same rat*»s to which it would have been subject if it had been cut at the time the logging ojwrations ceased. liC'O, c. 44. s. 12 t ml rate in.

56. il.) It is hereby declared and enacted that all grants of n.oiaration uiat ra. ' \ "•-. subject ro\al ty .

Crown land made before the twenty fift\ day of April. UJOl. lo rail- subject ioTimi™rn ^ way companies by the Lieutenant-Governor in Council in aid of, or as a subsidy for. construction of railways were subject to the provisions of the Laud Act then in force with respect to the reservation of a royalty to the Crown upon all timber and other wood cut upon lands to l>e granted by ihe Crown, and with respect to the power conferred for the enforcement ol 5"»id royalty.

C\ i It is hereby further declared and enacted that said grants of r.rant» sublet to lands were subject to said provisions as from time to time amended mryprovisions. and re enacted by any Act of the Legislature, and are subject to said provisions as they npjHvir in this Act.

iH.1 It is hereby further declared and enacted that the said pro- riminr rovaitv not visions reserving a royally to the Crown are not to be considered UTationT™0" as taxation within the meaning of any provision exempting a railway company or its pro|>erl\, real or personal, from taxation. 1{.S. 1!)11, c. 1!>7, ss. l!. :?, I.

57. (1.1 There i; reserved to His Majesty n royalty on re°;,i of ii,.,aiiy 0n usin throe quarters of one cent p«r gallon, eight pound* of resin V n p taken as equivalent to one gallon, in respect of all resin otxaine." from trees on lands comprised in:—

CHAP. 17 FORESTS. 14 GEO. 5

(a.) Any resin licence; or (6.) Any timber lease or timber licence, whether the lease or

licence was issued or constituted before or after the commencement of this Act: or

(c. i Any pre-emption recoid made after the thirty-first day of March, 1920; or

>d.\ Any application for purchase of Crown lands in respect of which notice of the favourable decision of the Minister has been given to the applicant after the thirty-first day of March. 1920; or

tc.) Any Crown grant issued after the thirty-first day of March, 1920. except where the title to the lands so granted is acquired by virtue of a preemption record made before that date, or by virtue of an application for purchase in resi>ect of which notice of the favourable decision of the Minister was gi\en to the applicant before that date, or by virrue of a contract for the disposition of the lands entered into, or a right to acquire the lands obtained before that da'e.

(2.1 The Crown shall have a lien for the amount of any royalty payable under this section, and for all expenses of seizure or detention incurred in enforcing the lien, upon the resin in respect of which the royalty is payable, and upon all teams, wagons, machinery, plant, and material used in obtaining the resin, and upon all resin belonging to rhe holder of the licence or permit under which the resin was obtained: such lien to constitute a charge to the like extent and to confer the same rights and to be enforceable in the same manner as the liens created by the provisions of this Act for the recovery of royalty, including an absolute, unconditional power to sell; and the amonnt of any royalty payable under this section shall also be . Jebt due to the Crown recoverable by action iu any Court of competent jurisdiction from the holder of the licence or jiermit under which the resin was obtained. 1920. c. 44, s. 4 tredrawn).

.58. There shall be due and payable to His Majesty a tax upon all tiiwbir ..ut within liie Province, save and except that upon which a royalty is reserved by this Act or the '• Timber Koyalty Act," or that upon which an\ royalty or tax i.i payable to the Government of the Dominion, which tax shall be in accordance with the following Schedules: —

S< HUll'lf No. 1.

Tnnhci riut.ihle for the niniiufiii lure of IIIIIIIMT ;m«l vhinjsles. two dollars per thousand feet, board measure, on No. 1 «rndc; one dollar and fifty cents per Himisand f-et, Ihiard HJC-.MUV on No. l! grade; ami one dollnr per thousand feet, board measure, on Nn 3 Krnd<>: I'rovided that a rebate of all the tax over one cent per thousand foet. board measure, shall bo allowed «hen the timber upon vnlch !t Is due or payable Is manufactured or used In the Province

1923 FOSESTS. CHAP. 1"

SCHEPCIJE So. 2.

Timber.

over 80

Inrfca.

i All Piles or m i » ^ IS in. or orer ia fc lfcameter »hkll W *. tcakd. fnwlcd 2io. - . 1, Hid l A « d M

j g BUe* u under.

t c u . • Leagtha. fcotorer.

«0 01

«4 . 0I{

&-> «0

oter 80

p. M. 3.M

«2 00

• » t 50

Tike fallowing rebate ' f t*x «hall be fcl. lowed when the litaher upon wtucn it u doe or pftyable a lued in tbe Province.

All the t*x o\rr one tvo-h.jnfiraitt» cf one ren! per lincAl 'oo(. or onr cent per lhou»»njl fe^l. l*>ar<l meuure

Provided that the I.lentenaiit-fiorerour in Council may allow such re l .ae of the tax on piles, pole?, and cri!>-tinil>er not used in the Province a* may 1* deemed advisable.

S c H E H ' I T . N o . S.

Raihva.. -tie* Fifty cents per c-rd. Mining-props and lairsini: Fifty «THIS p.-r co-d. Pu'p-nood Fifty cents i*r CU.•! Cord«o<Nl Twenty-five cent* per <ord.

Provided that a relmt" of .-:!! the tav o»,-r one cent per cord «hall !*• allowed when the railway-tie». mining-prop*. Inpxin?. or cordwood upon which it is due or payal.le are used in the Province.

Sciirm'Lf No. 4.

Shincle or other Itolts of cedar fir. or spruce One dollar per cord. Provided that a rchato «f al ' tl.e tav over one cent per cord «hall l>e allowed

when the shincle or other holt* upon which it is due or payable a r - manufactured or used in the Province. 191-. c 17. s. .IS; 101-,. c. 32. ss !.">. 3«; V.rjO. c. 44. « 11 iparl, rtflrinn).

PART VIII.

Tl.MBER-8CU.ING.

50. In this Pint, unless tlie context otherwise requires:— interpretation. "Licensed s'-ucr" includes any j>erson licensed as a scaler or

appointed as an acting-sealer under this Par t : - Odici.il Scaler " includes any person appointed as an Official

Scaler or Acting Official Scaler under this Par t : " Scale," '• scaled," and " scaling " refer to the measurement of

timber in accordance with the provisions of this Act and the regulations. (.Vcir.)

©0. (1.) Where timber is cut in any lumbering operation on land Duty of lumbermen within the jurisdiction of the Legislature, the timber shall be scaled Ic .&^""™»! forthwith by a licensed scaler, who shall be employed and paid by *c*1"'' the person carrying on the lumbering operation, unless otherwise

CHAP. IT FOHESTS. 14 GEO. 5

\ppoiiitinen* of acting scaler.

Sawing of unsealed limber prohibiten.

Hi port of unsealed timber or timber on which roralty 1» unpaid prohibited.

Penalty

Si izure

provided by this Act; and upon failure of that person to comply with the provisions of this subsection, the Chief Forester may designate and direct a licensed scaler to scale the timber; and the costs of such scaling shall be payable to the Crown by that person.

(2.) Where it is shown to the satisfaction of the Chief Forester that the services of a person licensed as a scaler under this Part cannot be obtained by the person in charge of the lumbering operation, the Cnief Forester may appoint an unlicensed person as an acting-sealer to perform the duties of a licensed scaler temporarily until a person licensed as a scaler under this Part is available. 1914, c. 32. a 19 (redrawn).

6 1 . No person shall saw any timber until it has been scaled, and every person violating the provision of this section shall be guilty of an offence and liable, on summary conviction, to a penalty not exceeding five hundred dollars, and, in addition to the penalty so imposed, to have all timber in respect of which the offence was committed seized and forfeited lo the Crown, either wholly or in part, as the Minister may direct. 1912. c. 17. s. S6.

62 . (1.) No person shall export or remove from the Province any timber in respect of which any royalty, tax, or revenue is payable to His Majesty in right of the Province, unless a permit is obtained from an officer of the Forest Branch certifying that the timber has been scaled, and all royalty, taxc». and revenue so ply-able in respect thereof have been paid.

(2.) Every contravention of the provisions of this section shall render the offender liable to forfeit and pay to Ilis Majesty the sum of one thousand dollars, to be recovered, with all costs as between solicitor and client, in an w +ion brought in the name of His Majesty in an - Court of competent jurisdiction.

(3.) The Minister, or any person authorized by him. may do all things necessary to prevent a breach of the provisions of this section and to secure compliance therewith, and may for such purpose take, seize, arid hold all timber which is, or is suspected to be. in course of transit out of the Province in contravention of the provisions of this section, and may also rake, seize, and hold every boat which is towing any such timber: and if the Minister decides that it is not the intention of the holder, owner, or person in possession of the timber to use it in the Province, or to manufacture it or cause it to be manufactured into sawn lumber or other manufactured wood produc in the Province, or to dispose of the timber to others who will use the same in the Province, or have the same so manufactured in the Province, the Minister may sell or cause to be sold such timber and boat by public auction, and the proceeds of the sale shall be the property of His Majesty, and shall form part of the Consolidated Revenue Fund. In case the boat escapes after having been so seized, or L case its seizure is avoidec* \y the removal of the boat

1923 FoHESTs. C H A P . 1 7

ontBide the waters of rhe Province, it may a t any time af terwards be seized, if found in any of the waters of the Province, and sold as above provided. 1913, c. 26, s. 11.

6 3 . The scale known as the British Columbia Iiog Scale shall be British Columbia Lo2 Scfllfe

the official scale and shall be used for the measurement of all t imber under the provisions of this Act and the " T i m b e r Royalty Act." 1914, c. 76, s. 17.

6 4 . (1.) The Lieutenant "overnor in Council shall appoint a Examination of 'Joard of Examiners, one o r no re members of which shall examine taieS^cence and test the ability and knowledge of every person applying to be licensed as a scaler under this Pa r t .

(2.) Each candidate for examination shall make application to the Forest Branch in the manner prescribed by the regulations, accompanied by the payment of an examination fee of five dollars.

(3.) Examinat ions shall be held at such times and places and shall be conducted in such manner and on such subjects as are prescribed by the regulations. 1912, c. 17, ss. 69. 70 (redrawn).

6 5 . The Board of Examiners shall is<ue to each candidate who issuance of ... . , , . . . . t . . , j scaUr-,' licences

passes the prescribed examinations in a satisfactory manner, and who is judged by the Board to be t rus tworthy and of good character, a licence entit l ing him to act as a caler of timber under this P a r t ; but no person shall be licensed as a scaler unless he is a British subject residing in the Province. 1912, c. 17, ss. 71, 74 (redrawn).

6 6 . Every licensed scaler, before entering on his duties, shall n.iih ,.r orn-makc and fil" in the Forest Branch an affidavit in the form following :—

I. .1. /?.. do solemnly swear that I will, while actins as seilc:-, without fear, favour, or affection, and to the be«t of my ability and judgment, classify enrreetij wale and measure, according to law. all .«awlocs spars, piles, fxilc:., rail» n>-lies, shingle-bolts, and other cut timber which I may he employed to scale or measure, and that I will make true returns of the same to the TMftrlet Fores-tor or any other olfioer of the Forest Krnm-li as required.

Sworn before me at the , of , In the Province of British Ooluhihln, this day of , 10 . f A It.

C. P., J. P.

imj , c. 32. s. 21.

6 7 . (1.) I t shall be the duty of licensed scalers to measure fairly „„„,,, o f licc.uiu.d

and correctly, to the best of their skill, knowledge, and ability, and 8 C a , c" to classify all timber cut on land within the jurisdiction of the Legislature, and to enter in a record, in a form approved by the

Forest Branch, what they believe to be the proper contents and grades of the timber.

(2.) After measuring and classifying any timber, each licensed scaler, at such times as the Forest Branch requires, shall transmit to the Forest Branch a correct ^'no^ of the record of its measurement and classification as entered in his record, and shall, when called npon to do so. submit his record to any duly authorised officer of the Forest Branch, and shall give all information asked for in his power to give, and shall furnish any statements or copies of statements which the Forest branch may from time to time require. 1914. c. 32, s. 22.

Arbitration In esse of disputes.

68 . L'pon request of any party to the dispute, any District Forester, Supervisor of Scalers, or other duly authorized officer of the Forest Branch shall act as arbitrator in pny dispute that arises between a vendor or a purchaser and a licensed scaler as to the measurement or classification of any timber, and hia award shall be final and binding on all parties without appeal. Where a District Forester, Supervisor of Scalers, or ofier officer acts as arbitrator under this «ection, he shall collect from the person requesting his services the costs of measurement and classification, and shall transmit the amount collected to the Forest Branch; but where he finds the disputed measurement or classification made by the licensed scaler to lie inaccurate, no charge shall be collected. Where the salary of (lie official who so acted as arbitrator is payal.Ie from the Pealing Fund, the amount received by the Forest Branch under this section shall oe paid into the Scaling Fund, but otherwise shall be accounted for as Provincial revenue. 1921, c. 2$. s. 12.

r>f!iartm<>nt«] supervision of lief-Dspd acalers

69 . The Chief Forester may suspend the licence of any licensed scaler who is not performing projwrly the duties (if his position, and upon proof to the satisfaction of the Chief Forester that any licensed scaler has wilfully undermeasnred or nvermeasurod any timber, or 1-as wilfully and wrongfully culled or rejected any timber, or has tmule r. false return of any timber for the purpose of deceiving or defrauding, the Chief Forester may cancel the licence of the licensed scaler. 1914, -. 32, s. 2f> (part).

Scalp by Official Scaler as basis or sal*"* of timltor In certain districts.

70. In the district comprising that part of the Province situate west of ihe Cascade Mountains, and in such other districts of the Province as the Lieutenant-Governor in Council, by Proclamation, may fr( in time to time prescribe, it shall be a term of every sale or other dealing with timber that the sale or other dealing shall be based on the scale of the timber made or to be made under this Act by an Official Scaler, and any person who buys, sells, or otherwise deals with timber contrary to the provisions of this section shall be liable, ou summary conviction, to a penalty not exceeding five hundred dollars. 1912, c. 17, s. 80; 1920, c. 44, s. 14 (redraum).

1923 FOHESTB. CHAP. 17

Official Scale».

7 1 . (1) The Forest Branch shall maintain a sufficient staff of omciai «caiing Official Sealers for each district, with such equipment as in the serT ce

opinion of the Chief Forester is necessary. (2.) Official Scalers shall be appointed pursuant to the provisions Appointment of

of the " Civil Service Act," and shall hold office during pleasure. All Official Scalers shall for all purposes be deemed members of the Civil Service within the meaning of the " Civil Service Act," notwithstanding the fact that their salaries may be paid from the Scaling Fund of the district and not by way of yearly salary voted by the Legislative Assembly. 1921 (2nd Sess.j, c. 25, ss. 10. 11 (part).

72. No person shall be appointed or act as an Official Scaler Acting osciai unless he holds a licence as a scaler under this Part, but where the Chief Forester considers that, on account of the location of the timber to be scaled, the cost of sending an Official Scaler to carry out the provisions of this Act would be excessive, he may appoint an unlicensed person as an Acting Official Scaler to perform the duties of an Official Scaler, and the appointment may be for a specified time, or for specified work, or until the appointment is cancelled by the Chief Forestc. 1!)12. c. 17, a 7!» (rcdraicn).

73 . (1.) There shall be established in the Provincial Treasury scaiing F„„d a fund for the providing of adequate service for the scaling of timber in each district constituted by or under this Part, to be known as the " Scaling Fund" of the distiict. into which shall be paid all moneys received under fhis Act for the scalhig of timber in the district, whether for fees or ex|>onses. All salaries, exj^nses. and outgoings incurred in maintaining the scaling service in each district shall be chargeable to the Scaling Fund of the district, and shall be payable direct from that fund upon vouchers approved by the Minister, or may be paid in (he first instance from any moneys appropriated by the Legislative Assembly for that purpose, and subsequently charged to the Scaling Fund.

(2.) The cost of maintaining the scaling service in each district scaling tecs, shall lie estimated by (he Foresr Branch, and flie Minister may from time to lime make rules prescribing the fees and expenses to be charged by the Forest Branch for the scaling of timber; and the Minister shall fix such fees per thousand feet or per cord or per lineal foot of timber scaled as in his opinion will be sufficient to meet the actual cost of maintaining the scaling service.

(.1.) If at any time the amount at the credit of the Scaling Fund A,iVRnccs to scaling is insufficient to meet the salaries and expenses chargeable thereto, ^11"5' the Minister of Finance shall advance to the Scaling Fund out of the Consolidated Revenue Fund such sums na may be necessary. All moneys so advanced shall be repaid to the Consolidated Revenue Fund out of moneys collected by the Fo.-est Branch under this section. 1920, c. 44, s. 16; 1921 (2nd Seas.), c. 25, 8. 11 (part).

Delivery of copy of 74. Upon demand of the vendor or owner of an / timber scaled by an Offlc'al Scaler, and upon payment of the fees and charges payable therefor, the Forest Branch shall deliver to the vendor or owner a certified copy of the scale of the timber. 1920, c. 44, s. 15.

Besccie. 75. in the event of a vendor or purchaser objecting to any Official Scaler, or to his scaling, then, on application to the District Forester or Supervisor of Scalers, another Official Scaler may be selected to scale the timber in question; and the person requiring such services shall pay the additional fees and expenses occasioned \>y the substitution of another Official Scaler; but where an original scale made by an Official Scaler is, in the opinion of the District Foresier or Supervisor of Scalers, proved inaccurate, no charge other than the correct fees and expenses for scaling the timber shall be imposed. 1915, c. 28, s. 18 (redrawn).

crown lien for fees. 76. The Crown shall have a lien for the amount of all costs, fees, and expenses chargeable by the Forest Branch or payable to the Crowii under this Part, and for all expenses of seizure, detention, or sale incurred in enforciug the lien, upon the timber in respect of which the costs, fees, or expenses are chargeable or payable, and upon al' sawmills or other factories, and lands appurtenant thereto, in or for which the timber has been or is being manufactured, used, or consumed; such lien to constitute a charge to the like extent, and to confer the same rights, and to be registrable and enforceable in the same manner as the liens created by the provisions of this Act for the recovery of royalty, including an absolute, unconditional power to sell: and such cost*, fees, and expenses shall also be a debt due to the Crown recoverable by action in any Court of, competent jurisdiction from the person against whom they are chargeable or by whom lliey are payable. 1911, c .'12, s. 19; 1920, c. 44, s. 1G ipart, redrairn\.

PART JX.

TlMUER-MARKING.

riominc or rnfiins 77. (l.i Subject Jo subsection (2i, no person shall float or raft of unn nrked timber '

prohibited any timber on the salt or fresh waters of the Province unless each piece of the timber hears in a conspicuous place, so that it is readily discernible when the piece of timber is floated, a registered timber-mark issued under this Part for the marking of that timber.

(2.) Any District Forester may grant such exemptions from the provisions of this section ns he considers advisable. 1914, c. ,12, s. 2T (part); 1922, c. 41, s. fi (rrrlratcn).

nutv of lumbermen 78. (1.) Subject to subsection (3), every person engaged in the to obtnln «nd me , . \ , . . . . . . . . . revered timber- business of cutting and removing timber shall, befo.c cutting any

1923 POBESTS. CHAP. 17

timber, apply for and obtain from the Forest Branch, in the manner prescribed by the >"egulafions, such number of registered timber-marks as the Chief Forester considers necessary to clearly distinguish the classes of timber subject to different conditions of tenure, royalty, tax, or manufacture which the person proposes to cut.

(2.) The holder of a registered timber-mark prescribed under this Part for the marking of any timber which is cut by him shall, before removing the timber so cut from the land on which it is cut, put (hat timber-mark in a conspicuous place on each piece of the timber.

(3.) The Chief Forester may grant such exemptions from the provisions of subsection (1) as he considers advisable. 1914, c. 32, s. 27 (part); 1922, c. 41, s. 7 (redrawn).

79. A certificate, purporting to be signed by the Chief Forester. Evidence of tc the effect that a timber-mark has been issued to any person and tfmbor-mark. duly registered under this Part shall be received in all Courts in the Province as prima facie evidence of the facts therein stated without proof of the handwriting or official portion of the person by whom the certificate is signed. 1014. c. 32, s. 27 (part).

80. Subject to the regulations, every timber-mark registered Assignability or under this Part shall be assignable in law. 1014, c. 32, s. 27 (part), timber-mark.

8 1 . The holder of a timber-mark registered under this part shall i:\eimivcripiitof have the exclusive right to use the same, and to marie therewith the registered

• . , • -. i i ..« « - , . timber-mark. timber cut by him. 1014, c. .S2, s. 2t (part).

82. (1.1 I'pon application being made tc the Forest Branch, in the i^ttnsion of use or manner prescribed by the regulations, by the holder of a registered «mber-mark. timber-mark who desires to use the timber-mark for the marking of timber other than that in respect of which the timber-mark was issued, and upon the application being approved by the Chief Forester, the registration ot (he timber-mark may be amended, and a certificate may be issued to the holder authorizing the use of the timber-mark in accordance with the application.

(2.) TCvery holder of a timber-mark registered under this Part who uses it for the marking of t:,:iber other than that in respect of which the timber-mark was issued, or to which its use is extended by certificate under subsection (1), ^iall be guilty of an offence against this Act. 1014, c. 32, s. 27 (part).

83 . The Chief Forester may at any time, in his discretion, cause cnucciintion of any registered timber-mark to be cancelled by entry of the cancel- tlmbL'rmnrl<-lation in the timber-mark register kept in the Forest Branch and by notice of the cancellation published in one issue of the Gazette. 1914, c. 32, s. 27 (part).

Wrongful use of registered timber-mark.

Seiture of unmarked timber.

84 . Every person other than the holder of the registered timber-mark who marks any timber with that timber-mark, or with any part of it, shall, on summary conviction, upon complaint of the holder of the registered timber-mark, or of some person authorized by the holder to act on his behalf, be liable for each offence to pay compensation, not exceeding one hundred dollars and not less than twenty dollars, to the holder of the registered timber-mark. 1914, c. 32, s. 27 (part, redrawn).

85. All timber removed, or floated, or rafted, or transported in anywise howsoever, and not so marked as to comply with the provisions of thi? Tart, may, in addition 1o all other penalties provided in this Act, be seized by the Crown, and sold by private sale or public auction, and the proceeds of su~h sale shall form part of the Consolidated Revenue Fund. 1014, .. 32, s. 27 (part).

U« or manufacture of Crown timber In Province.

Cancellation of leases and licences for violation of

PART X.

MANUFACTURE WITHIN PROVINCE.

86 . All timber cut on Crown lands, or on lands granted after the twelfth day of March, 19(I<1. or on lands held under pre-emption record, shall be used in the Province, or be manufactured in the Province into boards, deal, joists, laths, shingles, or other sawn lumber, or into wood-pulp or paper, except as hereinafter provided; and all logging and manufacturing camps or premises used or occupied for any purpose of or in connection with the cutting or manufacture of such timber shall be located in the Province. 191G, c. 2:?. s. 8; 1921, c. 28. s. 13.

87 . If the holder of any timber lease or timber licence, or the holder of any pre-emption record, or any servant or agent of the lessee, licensee, or pre emptor, or any person acting for the lessee, licensee, or pre-emptor, or under the authority or permission of the lessee, licensee, or pre emptor, violates or refuses to keep and observe the provisions contained in the last preceding section, the lease of the leasee or licence of the licensee or pre-emption record of the pre-emptor, respectively, shall be cancelled by the Lieutenant-Governor in Council. 1912, c. 17, s. 101 (redrawn).

seizure and sale 8 8 . (1.) The Minister may do all things necessarv to prevent a of timber dealt , , .' . . „ , , * . „ , , , * *• , i wiiii in violation of b r each of t h e p rov i s ions of t h i s P a r t , a n d t o s e c u r e c o m p l i a n c e t he re -i) o a wifj, j a n ( j may for s u c n purpose take, seize, and hold all timber so

cut or suspected to have been cut as aforesaid, and to be in course of transit out of the Province in contravention of the provisions of this Part, and may also take, seize, and hold every boat which is towing any such timber; and if the Minister decides that it is not the intention of the lessee, licensee, owner, holder, or person in

possession of the timber to use it in the Province, or to manufacture or cause it to be manufactured into sawn lumber or wood-pulp or paper in the Province, or to dispose of the timber to others who will use it in The Province, or have it so manufactured ia the Province, the Minister may sell or cause to be sold the timber and boat by public auclion, and the proceeds of the sale shall be the property of His Majesty, and shall form part of the Consolidated Revenue Fund. In case any boat escapes after having been so seized, or in case its seizure is avoided by the removal of the boat outside the waters of the Province, it may at any time afterwards be seized, if found in any of the waters of the Province, and sold as provided in this section. • (2.) Where a seizure is made of timber or a boat on account of Burden of proof.

a suspected contravention of the provisions of this Part, the onus of proving thai no part of the timber seized was Crown timber or cut on Crown lands or on Crown lands granted after the twelfth day of March, 1!)0G, or on lands held under pre-emption record, and that no part of the limber seized had been dealt with, or was about to be dealt with, in a manner contrary to the provisions of this Part, shall be upon the owner, holder, and any person in possession of the timber or boat. 1913, c. 2IS. s. 13.

89. The Lieutenant-Governor in Council may, on such terms and permit for export of . . . . , , . , , " , . , , certain unmanufac-

conditions and upon payment of such charges as may be lmjnised by tured cut timber, him, authorize the export of piles, poles, railway-ties, and crib-timber cut on Crown lands, or lands held under pre-emption entry and record, or lands granted after the twelfth day of March, 1906. 1933, c. 2(i, s. 11; 191], c. 32. s. 2S (part, ndraiai).

90. The Lieutenant-Governor in Council niav, upon such terms permit for .snort , . , . , . •. n " j . nf unmanufactured

aud conditions as he may imjiosp, permit the export of uiinianu- timber from areas faciured timber from areas adjacent to the boundary of the Province provincial

, . . . i . » . , • * . . • J I , , , . , boundary. in cases where it is proved to his satisfaction that such timber cannot, owing to topographical reasons, be profitably manufactured within the Province. 191(5, c. 23, s. 9 (pari).

9 1 . Notwithstanding anything in this Act contained, the Lieu- «,.|U-r«i power to tenant-Governor in Council may, until the thirty-first day of March, fi™"sfsTwSo."1

1930, permit the export from the Province of unmanufactured timber upon such terms and conditions as he sees fit. 1920, c. 44, s. 17.

PART XI.

FoUKST-PROTECTION.

92. The provisions of this Part shall apply to every raihvny com- Application of Part pany and every railway subject to the legislative jurisdiction of the Legislature; but the provisions of this Part shall be deemed to be in extension of all other statutory provisions applying to railway

to railways.

companies and railways, and not to repeal, abrogate, or derogate from any such other statutory provision. 1912, c. 17, s. 104.

Application of ran 93 . The provisions of this Part shall apply to every municipality within the Province; but the provisions of this Part shall be deemed to be in extension of all other statutory provisions applying to municipalities, and not to repeal, abrogate, or derogate from any such other statutory provision or any municipal by-law made pursuant to any such other statutory provision. 1912, c. 17, s. 103.

94 . The period from the first day of May to the first day of October in each year shall be known as the close season in respect to the setting of fire: but where circumstances of unusual danger render it necessary in the public interest, the Lieutenant-Governor in Council ma}', by Proclamation, extend the period of the close season in any year. 1915, c. 28, s. 22; 1919, c. 45, s. 9.

"95. (1.) Except as provided in subsections (2) and (4), no person shall set out, start, or kindle any fire during the close season in or within one-half of a mile from any forest or woodland or any slash or forest debris.

(2.) Subject to the observance of all obligations and precautions imposed by this Act or the regulations, a person may set out, start or kindle a fire for:—

(a.) Cooking or preparing fo->d: (6.) Obtaining necessary warmth for a in person: (c.) Clearing land: (d.) Burning slash, brush, grass, or other inflammable ma

terial : (c.j Any necessary industrial purpose permitted by the Min

ister. (.'!.) No person shall set out, start, or kindle any fire for clearing

land, or for burning slash, brush, grass, or other inflammable material, or for any industrial purpose without first obtaining from the Forest Branch a written permit therefor.

(4.) No person shall be convicted of a violation of any provision of this section by reason only of his having set in good faith and with reasonable care a back fire tor the purpose of stopping the progress of a fire then actually burning. 1912, c. 17, ss. 107, 108, 110; 1921, c. 28, ss. 11, 13; 1922, c. 41, s. 8 (redraw»).

is»unnco of permits. 9(5. (1.) Subject to section 97, the Forest Branch may issue permits authorizing the use of fire for the purpose of clearing land, or for burning slash, brush, grass, or other inflammable material, or for any industrial purpose, which permits shall be subject to the regulations and to such conditions, restrictions, and provisions as the Forest Branch in the cane of any permit may consider necessary or expedient to incorj>orate therein.

to municipalities

Close season

SettlDg of fires

(2.) Every person holding or acting under any permit issued contravention of under this section who contravenes any condition, restriction, or perm

provision incorporated therein shall be guilty of an offence against this Act. 1912, c. 17, s. 109 {part).

97 . The Lieutenant-Governor in Council may:— Control vested m , , T , i ., -. , - , .^ .i. . . . r .. Lleut.-Governor In

(a.) Proliant tlie issuing of permits, or the setting of fires council. thereunder, in any portion of the Province for such period as he thinks fit:

(b.) Exempt any portion of the Province from the provisions of such sections of this Part as he thinks fit, and alter or revoke any such exemption. 1912, c. 17, s. 109; 1911, c. 32, s. 29; 1920, c. 44, s. 18 (part).

98 . Every person who, during the close season, uses any explosive, Duties and liabilities ,, , , . , , , - . , . , , , . of person? using

or throws or drops any burning match, ashes of a pipe, lighted cigar- c pioUves or , , . \ i i • u J • * dropping burning

ette or cigar, or any other burning substance, in or on any forest or substances woodland or at a distance of less than one-half of a mile therefrom, "" ' shall before leaving the spot completely extinguish the fire of the match, ashes of a pipe, lighted cigarette or cigar, or other burning substance, or explosive, and any fire caused thereby; and every such person shall be liable for all expenses incurred by the Forest Branch in controlling or extinguishing any tire so caused, which expenses may lie recovered from him at the suit of the Crown. 1918. c. 44, s. 12.

99. During the close season, where anv stationarv or portable watchman for . , . . , , , ' . , * , stationary engines.

engine is located in or within one half ot a mile from any forest or woodland, the JKTSOU operating the engine shall maintain a watch-mau at that place for at least two bourn following any time when the engine ceases operation, to prevent the escape of fire therefrom. 1912, c. 17, s. 120; 1921, c. 2S, s. Hi.

100. (1.) During (he close season no person shall:— safety appliances . T , . , , • . , . . , . required on engines

(a.) Lse or ojierate any locomotive, traction-engine, logging- nn<i wooa-burners. engine, portable engine, or stationary engine using fuel other than oil in or within one-half of a mile from any forest or woodland which is not provided with safe and efficient devices for arresting sparks and for preventing the escape of fire or live coals from all ash-pans and fire-boxes, complying in all respects with the regulations:

(6.) Operate any river steamboat using fuel other than oil on any of the rivers or lakes in the Province which is not provided with a safe and efficient device for arresting sparks from the smoke-stack 1 hereof, complying in all respects with the regulations:

(c.) Destroy any wood-waste material by fire within any burner or destructor operated at or near any mill or manufactory,

CHAP. 17 FOUESTS. 14 Gso. 5

or to operate auy power-producing plant using in connection therewith any smoke-stack, chimney, or other spark-emitting outlet, without installing and maintaining on such burner or destroyer ov on such smoke-stack, chimney, or other spark-emitting outlet a safe and suitable device for arresting sparks, complying in all respects with the regulations:

(d.) Destroy, in connection with the manufacture of lumber or shingles or other forest products, any wood-waste material by burning the same at or near any mill without properly confining the place of the burning, and without further safeguarding the surrounding property against da; ger from the burning by such additional devices as are required by the regulations.

(2.) I t shall be the duty of every person using or operating any engine referred to in this section, or conducting any industrial or logging operation, to provide and maintain equipment in the way of tools, hose, and other fire-fghting appliances in accordance with the regulations.

(3.) I t shall be the duty of every engineer in charge of any locomotive, steamboar, or engine upon which safety appliances are required to be maintained under this section (o see that all such appliances are properly used and applied.

(4.) Upon proof that any prosecution has been instituted under Pmpro'periyeequipped this section by any duly authorized officer of the Forest Branch,

any Court of comiietent jurisdiction shall enjoin the further use of the locomotive, engine, steamboat, burner, or destructor in respect of which the prosecution was instituted until the defendant has been acquitted of the charge preferred, or the locomotive, engine, steamboat, burner, or destructor has been equipped with safety appliances to the satisfaction of said officer. 1!)12, c. 17. ss. 121, 122; 1021, c. 2S, s. 17 {part).

Flre-Bgbtlng equipment.

Duty of engineers.

Injunction to prohibit use of

Depositing live coals from locomotive.

Patrol of railway rIgbUof-way.

101 . During the close season no deposit of Are or live coals shall be made from any locomotive railway in or within one-half of a mile from any forest, woodland, or hay land upon any railway right-of-way outside of yard limits, unless (he same are immediately extinguished. 1012, c. 17, s. 121 (part).

102. Where in the judgment of the Minister there is danger of the setting and spreading of fires from Hie operation of any railway, the Miiiigter may order any railway company to provide such patrolmen for the following of its trains and the prompt extinguishing of fires as he considers necessary. Where the Minister has given any railway company notice to provide such patrolmen, the company shall immediately comply with such instructions throughout the territory designated; and upon any failure so to do, the Minister may employ patrolmen with the necessary equipment to patrol the

right-of-way of the company, and the expense of the same shall be charged to the company, and may be recovered from it at the suit of the Crown. The Minister may appoint officers of the Forest Branch to act a.s supervisors of railway patrolmen, whether the patrolmen are employed by the railway company or by the Minister, and the expense of any such supervision shall be chargeable to the company and recoverable as aforesaid. 1912, c. 17, s. 112.

103. Anv tire burning within three hundred feet of the right-of- Liability of railway , ' . , . . . j . , . . . . j . .. . companies as to

way of any railway coirpany operating within the jurisdiction of fires, the Province shall be presumed to have been caused by the company, and all expenses incurred in preventing the spread of and extinguishing the fire shall be chargeable to and shall be paid by the company, and the company shall have the right to enter upon any lands adjoining its right-of-way for the purpose of extinguishing the fire: Provided that if it can be proved to the satisfaction of the Minister that any fire so burning was not caused by the railway company or its employees, then the company shall be entitled to a refund from the person responsible for the fire, or from the Crown, of any moneys paid by it in accordance with this section. 1012, c. 17, s. 11.1.

104. No railway company completing the construction of any rioaring of new line of railway shall operate locomotives on the line for passenger lt-*as. r s ' u ' or freight traflic until a certificate lias been obtained by the company from the Miuister, to certify that its right-of-way has been cleared of inflammable material, in accordance with this Act. the "Hriiish Columbia Kaihvav Act," and the regulations issued thereunder, and that all debris on adjoining lands caused by construction of the line has been removed and destroyed to the satisfaction of the Minister. 1012, c. 17, s. 114.

105. (1.) For the enforcement of any provisions of this Act, or supervision of the " British Columbia Kaihvav Act." or any regulations issued construction, thereunder go-erning II»' construction of railways in the matter of the prevention of fire, the Minister may appoint such numlicr of patrolmen as he considers necessary, under a Chief Kanger, to supervise any railway-construction.

(2.) The railway company and its contractors shall at any time, Duty of railway upon (>mand, place at the disposal of tli-s Chief Kanger as many fH5?°np*.iihiSrw

of their employees, respectively, as he may need for the extinguish- fo,TSt "re<' iug of any fire or the protection from fire of any forest or woodland along or ndjacent to the line of railway under construction, aud the exjiense incident to and connected with su.'h appointment of patrolmen and Chief Kanger and protection of the forests from fire shall be a debt due to the Crown from the company constructing the line of railway, payable upon demand to the Minister, and may be recovered at the suit of the Crown. 1!)12, c. 17, ss. 115, 11(5.

CHAP. 17 FOBESTS. 14 GEO. 5

Liability of railway company to flue vhere Ore spreads from railway.

General penalty for 'nfringement of Act by railway companies.

Disposal of debris and patrol of logging-railway».

106. In case a fire is started by sparks or hot or burning material from a railway locomotive or carriage, and either begins outside of the railway right-of-way or spreads therefrom to the adjoining land, the railway company which is operating the railway at the time shall be liable, on summary conviction, to a penalty not exceeding one thousand dollars; but it shall be a sufficient defence against any prosecution under this section if it is shown by the railway company :—

(a.) That the company has used upon the locomotive the best available modern appliance for the purpose of preventing sparks and burning material spreading therefrom, and upon the carriage such appliances as the Minister may have prescribed; and

(6.) That no negligence conducing to the starting or spreading of the fire has been shown by the engineer or fireman of the locomotive or by any other servant of the company, and that the regulations governing the actions of such persons have been obeyed: and

(e.) That the company has maintained in accordance wirh the requirements of the Minister an efficient staff of patrolmen properly equipped with all suitable appliances for fighting fires, and provided with proper and efficient means of travelling from place to place along the line of railway, and that said staff has been prompt and diligent in taking all possible means to prevent the fire from spreading. 1912, c. 17, s. 117.

107. Except as provided in the last preceding section, any railway company committing an offence against this Act, or violating anj regulation governing the operation of railways in the matter of prevention of fire or any requirement of the Minister under this Act, shall be liable, on summary conviction, to a penalty of two hundred dollars; and it shall not be necessary in any prosecution to prove the name or number of any locomotive, or the name of the engineer or firunan in charge of the same. 1!»12. c. 17, s. 119.

108. Every person operating any logging-railway or other railway not under charter as a common carrier shall pile and burn or otherwise deal with debris alongside the track of the railway in accordance witL the orders of the Minister, and shall maintain after the passage of any locomotive along the railway such patrol as the Minister may direct. If any such person fails when notified immediately to comply with (lie provisions of this section, the Minister may by the officers of the Forest Branch deal with the debris and mnintain the patrol, and the Crown shall have a lien for the amount of the expenses incurred therein, and for all expenses of seizure or detention incurred in enforcing the lien, upon the locomotives, engines, logging plant, and equipment of the jterson so making

default; such lien to constitute a charge to the like extent and to confer the same rights and to be enforceable in the same manner as the liens created by the provisions of this Act for the recovery of royalty, including an absolute, unconditional power to sell; and such expenses shall also be a debt due to the Crown recoverable by action in any Court of competent jurisdiction from the person so making default. 1912, c. 17, s. 119 (redrawn).

109. (1.) Where as a result of the carrying-on of any operation Disposal of slash fi/r t^e cutting or removal of trees or timber any slash, including in operations. r nR

that expression any brush or debris, is occasioned or accumulated, the person carrying on the operation shall, on the demand of any officer authorized by the Minister, dispose of the slash by burning or otherwise to the satisfaction of the 3finister.

(2.) Where anr person fails or neglects to dispose of anv slash rower of Minister , . * , . , , . . ." . to dispose of slash at the lime and m the manner required under this section, the "t e*p»ase of

operator.

Minister may dispose of the slash, in which case all expense incurred therein shall be forthwith due and payable to the Crown from that person for the purposes of the Forest Protection Fund. The Crown shall have a lien for the amount of any expense so payable to the Crown, and for all expenses of seizure, detention, or sale incurred in enforcing the lien, upon all engines, logging plant, equipment, and material used in the operation in which the slash was occasioned or a ecu inula ted, or belonging to the person carrying on the operation, and also against the lands upon which the operation in which the slash was occasioned or accumulated was in whole or in part carried on; and such lien shall constitute a charge to the like extent, and shall confer the same right.*, and shall !>e registrable and enforceable in the same manner as the liens created by the provision? of this Act for the recovery of royalties, including an absolute, unconditional power to sell. All moneys payable under this subsection may also be recovered at tne suit of the Crown in any Court of competent jurisdiction. 1919, c. 43, a 10; 1922, c. 41, s. 15 (rcdraicn).

110. (1.) Where the safety of any forest or woodland or timber riroK!iard around is endangered by the debris caused by any lumbering or other in- from "industrial dustrial operation, the Minister may require the person conducting °1>cra

the operation, or the owner or occupier of the land on which the debris exists, to cut down all dead trees and stubs within the area, and to establish a safe fireguard around the area covered by the debris, such fire-guard to be cleared of inflammable material and to be of a width and character satisfactory to the Minister.

(2.) Every camp, mine, sawmill, portable or stationary engine i-irecuard «round using any fuel other than on and located in or within one-half of n mile from any forest or woodland shall, by the person in charge thereof, have such space surrounding the camp, mine, sawmill, or engine cleared of inflammable material as the Minister may direct.

<*ami>« and <'ti;lne*.

CHA?. 17 FORESTS. 14 GEO. 5

Bornlns of debris from clearing richta-of-way.

Causing debris on land of aootHer prohibited.

Burning of debris caused within 300 feet cf railway.

Power of Minister to carry oat section and recorer expenses.

(3.) Every person clearing a right-of-way for any road, trail, telephone, telegraph, power, or pipe line, tote-road, ditch, or flume shall pile and barn on the right-of-way all refuse timber, slash, chopping», and brash cut thereon as rapidly as the clearing or cutting progresses and the weather conditions permit, or at such other times as the Minister may direct, and during the close season shall obtain, before burning any material, a permit from the Forest Branch.

(4.) No person slashing brush or timber for the purpose of clearing land, or in the conduct of any lumbering operation, or in the cutting of any road or right-of-way shall fell or permit to be felled trees or brush in such a manner that the trees or brush fall and remain on land not owned by the person felling or permitting the felling of the trees or brush.

(5.) Every person who within three hundred feet of the right-of-way of any railway causes any accumulation of inflammable debris shall immediately pile and, subject to the requirements of this Act concerning permits, burn the same.

(6.) Where, after due notice, any person fails to carry out any requirements of this section t0 the satisfaction of the Minister, then, in addition to any other penalty imposed by this Act, the Minister may by his officers enter upon the land on which the debris, dead trees, stubs, inflammable material, refuse timber, slash, chopping», or brush in question exist and carry out the requirements of this section and the orders of the Minister issued thereunder; and the Crown shall have a lien for the amount of the expenses incurred therein, and for all expenses of seizure, detention, or sale incurred in enforcing the lien, upon the lands, sawmills, engines, logging plant, and equipmenr of the person so making default; such lien to constitute a charge to the like extent and to confer the same rights and to be registrable and enforceable in the same mannei as the liens created by the provisions of this Act for the recovery of royalty, including an absolute, unconditional power to sell; and such expenses shall alfo be a debt due to the Crown recoverable by action in any Court of competent jurisdiction from the person who cut the trees or timber from which the debris or other material in question was made. Iftl2, c. 17, s. 121; 1022, c. 41, s. 11 (redrawn).

Disposal of debris that constitutes a public nuisance.

t i l . The Minister shall have power to declare any inflammable material which endangers life or property a public nuisance, and upon receipt of notice to this effect the owner or occupier of or the jierson conducting any operations for the cutting and removal of forest material from the land upon which any such nuisance exists shall immediately remove or abate the nuisance to the satisfaction of the Minister; and due notice shall be deemed to have been given to the owner, occupier, or person when a copy of the notice has been mailed to him at his last-known place of address, and a copy has

1923 FoBESTS. CHAP. 17

been posted in a conspicuous position upon the land. 1912, c. 17, s. 123 (rtdratoi).

112. I t shall be the duty of every adult person resident in the Duty «• adults to T. . , , . , prevent and repoit Province who finds that a fire has started or ensts in any forest or ares, woodland to do his utmost to prevent the spread of the fire, and, if the fire has not been reported to the Forest Branch, to report the same to the Forest Branch by the quickest possible means. 1922. c. 41, B. 9.

113. (1.) Where a fire originates on any land upon which any Duty of industrial operation is being carried on for the cutting or removal of forest "«in^Sub^rw material, brush, or debris, or for any industrial purpose or in con- fand«!B °n

nection with any engineering or construction operation, the person conducting such oj>ei\ition by himself or his agents or contractors shall diligently attend to the controlling and extinguishing of the fire, and for that purpose shall employ the .services of as many of the men employed by th^m, up to the total number of such men, as may be necessary, and shall himself pay for the services of the men so employed.

(2.) Where a fire originating on anv other land sp.^ads to land Duty where ere spreads from other

on which any operation for the cutting and removal of timber is Iaods-being conducted, the person conducting the operation shall diligently attend to the controlling and extinguishing of the fire, and shall employ the services» of as many men as are employed by him. up to the total number of such men, as may be necessary, and shall pay Air the >ervices of the men so employed:

Provided that :— (a.) If the annual tax imposed by section 110 has been paid

in resjx>ct of the land on which such ojreration was being conducted; and

(&.) If the provisions of this Act and the regulations have been complied with; and

(c.) If proof is submitted showing that immediate notice of the fire was dispatched to the Forest Branch by the best available means of communication; and

(</.) If such information as the Forest Branch may require is submitted sh iwing how and where the fire started, together with t- idence satisfactory to the Forest Branch of the payments made for the services of the men so employed,—

then the total amount expended by srudh person in controlling and extinguishing the fire shall be borne by the Forest Protection Fund, except that the amounts allowed for wages paid for the services <>1 the men so employed shall not exceed the rates prescribed by the Forest Branch for such work. 1922, c. 41, s. 13.

Liability of persona who neclcct to tight I ra or who continue industrial operations during Arcs.

114. Any person who, in case of a flre, no matter how or by whom the fire may have been set: —

(c.) Burning on the person's own property; or (6.) Burning on property on which he is conducting any land-

clearing, lumbering, industrial, engineering, or construction operation,—

wilfully neglects to do his utmost to prevent the spread of the flre, or refuses to place at the disposal of any officer of the Forest Branch for the purpose of preventing such fire from spreading from the property on which it is burning, and at the person's own expense, his services and the services of any men employed by him, or who, without the written consent of an officer of the Forest Branch, continues to carry on, in whole or in part, any land-clearing, lumbering, industrial, engineering, or construction operations while the fire is burning, or who without such consent resumes any such operations before the fire is wholly extinguished, shall be guilty of an offence against this Act, and shall, in addition to all other penalties imposed by this Act, be liable for all expenses incurred by the Forest Branch or by any other person in controlling and extinguishing the fire should it spread beyond the boundaries of such property, or should it threaten so to do. The Attorney-General, on behalf of His Majesty, may bring action to recover such expenses incurred by the Forest Branch, and any other person who has incurred expenses under this section may bring action for the recovery thereof in any Court of competent jurisdiction; but no action shall bt uiought under this section unless it is commenced within twelve mouths from the incurring of the expenses. 1922, c. 41, s. 14.

Power to declare district closed to Industrial operations.

Control of lire In cloaod district.

115. (1.) Where, in the opinion of the Lieutenant-Governor in Council, the safety of life and property in any area of the Province is threatened through the occurrence or spread of fire burning on any forest or woodland, the Lieutenant-Governor in Council may by Proclamation declare that area a closed district within which no operations of anj class specified in the Proclamation shall be carried on in or within one-half of a mile of anj forest or woodland until the Lieutenant-Governor in Council, by a subsequent Proclamation, has declared the danger from fire abated and the closed district abolished.

(2.) In any closed district created under this section any officer of the Forest Branch authorized by the Minister may take any action he considers necessary to control fires and to safeguard life and property, and may summon, either orally or by writing, any male person between the ages of eighteen and sixty years, except only trainmen, telegraphers, and dispatchers on duty, medical practitioners, and persons physically unfit, to work under the direction of the officer for the purpose of controlling and extinguishing such fires.

(3.) Every person who, in violation of any provision of this sec- penalties, tion or of any Proclamation thereunder, carries on any operation within the area of any closed district, or who, being summoned by any officer of the Forest Branch pursuant to subsection (2), refuses or fails to attend and work under his direction for the purpose of controlling and extinguishing any fire burning in any closed district, shall be liable, on summary conviction, to a penalty of not less than twenty-five dollars nor more than three hundred dollars; and every day's continuance of the carrying-on of any such operation shall be deemed a separate offence. 1922,' c. 41, s. 16.

11C. The Minister, through the Forest Branch, by means of the Equipment of Forest Protection Fund shall maintain and equip a patrol and fire- fore?.r"cn

prevention force, and shall construct necessary trails, look-out stations, telephone-lines, and other permanent improvements, and may authorize the employment of such assistance as the Forest Branch requires in the controlling and extinguishing of fires. 1917, c. 36. s. 11 (part).

117. Everv person employed in anv capacity in connection with «ictus of entry of * ' • r officials of patrol

any patrol or fire-prevention force maintained pursuant to this Act a°d fire-prerontion shall have lawful right, while in performance of his duties in connection with the prevention of fire, to enter into and upon any lands and premises other than dwelling or other houses; and any person hindering, ob.s*nicring. or impeding the performance of any duty in connection with any patrol or fire-prevention force shall be guilty of an offence ag;.n:st this Act. 1f. 2, c. 17, s. 129.

118. (1.* Such officers and employees of the Forest Branch as rower to compel the Lieutenant-Governor in Council considers necessary may be iire-dgbtinjr. appointed constables for the enforcement of the provisions of this Act, and as such may arrest without warrant any person found violating any provisions of this Act, and take him before a Justice and there make complaint. Any officer or employee of the Forest Branch may employ or summon the assistance of any male person between the ages of eighteen and sixty, except only trainmen, telegraphers, and dispatchers on duty, doctors, and persons physically unfit, for the purpose of controlling and extinguishing any fire, and the compensation for such voluntary or rompt.'sorv assistance shall be such as the Lieutenant-Governor in Council may provide.

(2.) Every person refusing or failing to render assistance when called upon by any officer or employee of the Forest Branch under this section shall be liable, on summary conviction, to a penalty of not less than twenty-five dollars nor more than one hundred dollars.

(3.) Where any person has been appointed as a Forest Fire Prevention Officer by the holder of any timber licence or timber lease, or by the owner of any forest or woodland, or by any person carrying on any land-clearing, lumbering, industrial, engineering, or con-

CHAP. 17 FORESTS. 14 GKO. 5

struction operation in or within one-half of a mile from any forest or woodland, or by any municipality, and where the appointment has been approved by the Minister, the officer so appointed shall have and may exercise the like powers and authority which an officer or employee of the Forest Branch has or may exercise under this section. 1912, c. 17, s. 130; 1921, c. 28, s. 21 ; 1922, c. 41, s. 17.

Forest Protection Fund.

Payments from fund.

Advances from Consolidated Revenue Fund.

Increased levy to meet deficit.

Reduced levy In case of surplus.

119. (1.) From the owner of any land sought to be classified as timber land under the provisions of the " Taxation Act" there shall be payable and paid to the Crown, oi. the first day of April in each year, upon demand by the Minister, an annual tax at the rate of two and one-half cents for each acre of such land; and from the holder of every timber lease, timber licence, or resin licence two and one-half cents for each acre comprised in the lease or licence, payable annually upon the anniversary of the issue of the lease or licence or upon the annual renewal date of the licence, as the case may be, and all such payments shall be placed to the credit of a fund in the Treasury to be known as the " Forest Protection Fund." To the amounts thus received by the Crown and paid into the said fund there shall be added each month the sum of twenty-five thousand dollars, to be paid by the Minister of Finance from the Consolidated Revenue Fund.

(2.) The Minister of Finance shall make payments out of the Forest Protection Fund upon vouchers certified by the Minister.

(3.) In order to meet charges against the Forest Protection Fund which may be incurred before the full collection of the tax in any year, and to provide for any deficiency in the levy to meet the expenditure, the Minister of Finance is hereby authorized to advance to the said fund out of the Consolidated Revenue Fund such sums as may be necessary. All moneys so advanced shall be repaid to the Consolidated Revenue Fund out of moneys collected uuder this section, and the amount of moneys so advanced and unrepaid shall not at any time exceed the sum of two hundred thousand dollars.

(4.) If the total levy under subsection (1) is insufficient to cover the expenditure from the Forest Protection Fund, the deficit shall from time to time, as determined by the Lieutenant-Governor in Council, be met by a suitable pro rata increase in the amount of tax per acre payable by the persons mentioned in subsection (1) and in the amounts added from revenue under that subsection.

(5.) If at the end of any fiscal year a surplus has accumulated in the Forest Protection Fund sufficient, in the opinion of the Lieutenant-Governor in Council, to provide for all expenses in connection with said fund during the ensuing twelve months, then the Lieutenant-Governor in Council may, by Order in Council, relieve all persons and the Crown from making any payment imposed by this section to said fund during the said period of twelve mouths, or may authorize the collection, pro rata, of an amount less than the

•&**!•••

amount otherwise payable under the provision» of this section. 1917, c. 36, 8.11; 1920, c. 44, s. 19; 1921, c. 28, ss. 18, 19; 1922, c. 41, 8. 12 (part).

120. (1.) Where my trees or timber or any 3lash (including in power to require-that expression any jrush or debris) on any lands are found by timber infested the Forest Branch to be infested with any species of injurious insect insects? under such circumstances as, in the opinion of the Minister, to constitute a menace to adjacent timber or a dangerous source for the spread of such insects, if the Minister gives to the holder of any timber lease or timber licence covering the lands, in the case of Crown lands, or to the owner of the lands, in the case of other landt,, irobte in writing requiring the owner, lessee, or licensee, as the case may be, to dispose of the trees, timber, or slash so infested, in the manner directed in the notice, the owner, lessee, or licensee to whom the Dotice is given shall forthwith dispose of the infested trees, timoer, or slash as directed. The notice shall be deemed to be duly given to the owner, lessee, or licensee when a copy has been mailed to him at his last-known place of address and a copy has been posted in a conspicuous position on the land.

(2 ) Where the owner, lessee, or licensee refuses or neglects to rowers in event «t dispose of the trees, timber, or slash in the manner directed in the notice, the Forest Branch may enter upon the lands and cause the trees, timber, or slash to be disposed of.

(,'{.) Where the trees, timber, or slash disposed of pursuant to this cost of dHposni section are on limber land, within the meaning of the " Land Ac t" or within the meaning of the •' Taxation Act," one-half the net cost of disposing of the trees, timber, or slash -shall be borne by the Crown and one half by the owner of the land; and where the trees, timber, or slash disposed of is on Crown lands held under timber lease or timber licence, one half of the net cost of disposing of the trees, timber, or slash shall be borne by the Crown and one half by the lessee or licensee; and where the tree^ timber, or slash disposed of is not on Crown land or on timber land as so defined, the Crown shall bear the entire net cost of disposing of the trees, timber, or slash.

(4.) For the purpose of ibis section, the expression "ne t cost" -Net cost." shall mean the amount by which the total cost reasonably incurred in disposing of the trees, timber, or slash exceeds the amount which has been or can be realized from the disposal of the same.

(5.) Where the t'-ees, timber, or slash so infested is on Crown Timber on crown lands held under any lease or licence other than a timber lease or timber licence, the Forest Branch may, upon notice to the lessee or licensee, enter upon the lands and cause the trees, timber, or slash to be disposed of in such manner as the Minister may direct, and the entire cost of disposing of the trees, timber, or slash shall be borne by the Crown.

CHAP. 17 FORESTS. 14 GBO. 6

Bteorery of moneys payable to Crown.

Destruction or remoTsl of notices.

Burden of proof.

Civil rights preserved.

(6.) All moneys dne from any owner, lessee, or licensee in respect of any disposal of trees, timber, or slash by the Forest Branch under this section shall be payable upon demand of the Minister, and the Crown shall have,a lien for the amount thereof, and for all expenses of seizure, detention, or sale incurred in enforcing the lien, upon the lands of the owner and upon the sawmills, engines, logging plant, and equipment of the owner, lessee, or licensee, as the case may be, constituting a charge to the like extent and conferring the same rights and registrable and enforceable in the same manner as the liens created by the provisions of this Act for the recovery of royalty, including an absolute, unconditional power to sell. All moneys payable under this subsection may also be recovered at the suit of the Crown in any Court of competent jurisdiction. 1920, c. 44, s. 2; 1921, c. 28, s. 2.

121 . Any person who unlawfully destroys, defaces, or removes any notice posted under this Part shall be guilty of an offence against this Act. 1912, c. 17, s. 131.

132. In any prosecution or action brought agaii-ot any person for any contravention of this Act, the burden of proving that the requirements and provisions of this Part have been complied with shall be upon the defendant. 1912, c. 17, s. 132.

123 . Nothing in this Part shall be held to limit or interfere with the right of any person to bring and maintain a civil action for damages occasioned bv fire. 1912. c. 17, s. 133.

PART XII.

Scaling.

Men on timber for rental, stumpage, royalty, and tax.

GENERAL PIIOVISIONS.

Colhction of Moneys due to Crown.

124. All timber upon which any stumpage, royalty, or tax is payable to the Crown shall be scaled and graded in accordance with the provisions of this Act and the "Timber .Royally Ac(." 1914, c. 32, s. 17.

125. All timber, wood, or bark in respect of which, or in respect of the timber lease or timber liceuce under which it is cut, any rental, stumpage, royalty, or tax is reserved or payable shall be subject to a lien in favour of the Crown, and shall be liable for the payment of the rental, stumpage, royalty, or tax by or under this Act or the " Timber Royalty Act " or any contract reserved or payable, so long and wheresoever the timber, wood, or bark, or any part of it, may be found in the Province, whether in the original logs or manufactured into lumber or shingles; and in case such timber, wood, or bark has

been made up with other timber, wood, or bark into a crib or raft, or in any other manner has been so mixed up as to render i t impossible or difficult to distinguish the timber, wood, or bark liable to the payment of rental, stumpage, royalty, or tax from timber, wood, or bark not so liable, such other timber, wood, or bark shall also be liable for all rental, stumpage, royalty, or tax so reserved or payable ; and every officer or agent entrusted with the collection of the rental, stumpage, royalty, or tax may follow all such timber, wood, or bark and seize and detain the same wherever it is found until the rental, stumpage, royalty, or tax, and all expenses of seizure and detention, are paid or secured. 1912, c. 17, s. 59 (redrawn).

126. (1.) The Crown shall have a lien for the amount of any Lien on premise» stumpage, royalty, or tax reserved or payable under this Act or the Manufactured!" " Timber Royalty Act" or any contract, and for all expenses of seizure, detention, or sale incurred in enforcing the lien, upon all sawmills or other factories and lands appurtenant thereto, steamships, railway and stationary engines, smelters, concentrators, and all furnaces or machinery in or for which any timber or wood in respect of which the stumpage, royalty, or tax is reserved or payable in any way or manner, or for any purpose, has been or is being manufactured, used, or consumed, or which belong to the person from whom the stumpage, royalty, or tax is due, and upon all cut timber and wood belonging to that person; and also upon all steamships, tow-boats, scows, or other vessels, and upon all engines, logging plant or material, and upon all railway-trains, teams, and wagons in any way engaged in taking out or in transporting such timber or wood, or belonging to the person from whom the stumpage, royalty, or tax is due; such lien to constitute a first charge in priority to all other liens and to all encumbrances or charges created by any contract or arising under any Statute or otherwise howsoever, and to confer the same rights and to be enforceable in the same manner as the lien and rights of recovery of royalty conferred by the provisions in that behalf of this Act. including an absolute, unconditional power to sell.

(2.) The Crown shall also have a lien for the amount of any such uen on inmis upon stumpage, royalty, or tax against the lands upon which the timber B b e ' m er out* or wood in respect of which the stumpage, royalty, or tax is reserved or payable was cut, and a statement under the hand of the Minister stating the amount due and describing the lands alTected shall be sufficient evidence of the existence of the lien and of the amount secured thereby for the purpose of registration thereof under the "Land Registry Act." 1017 c. 3G, s. 0 (redrawn).

127. (1.) Every owner of granted lands and every holder of a Accounts and timber lease or timber licence on lands whereon any timber or wood ro tu rns of t l m b"' is cut in respect of which any stumpage, royalty, or tax is reserved or payable under this Act or the " Timber Royaltv Act" or any con-

tract, and every person dealing in any timber or wood cut from any such lands, and every person operating a mill or other industry which cuts or uses timber or wood upon or in respect of which any royalty or tax is by this Act or the " Timber Eoyalty Act" or any contract reserved or payable, shall keep correct books of account of all timber and wood cut for or received by him, and shall render monthly statements thereof to the District Forester, and shall notify the District Forester of all transfers of ownership of booms of timber which had been scaled prior to the transfer, or, if demanded, shall furnish a true copy of the tallyman or scaler's daily work, duly sworn to, which shall contain ail such particulars as the Minister may require; and such books of account shall be open at all reasonable hours for the inspection of any officer of the Forest Branch; and the owner, lessee, or licensee, or person dealing in the timber or operating the mill or other industry as aforesaid, shall pay monthly all such sums of money, as are shown to be due, to the Minister,

payment of arrears (2.) If, after inspection of such books- of account, it is found that in respect of any previous statement there is still an amount of timber or wood not reported, and which is subject to stumpage, royalty, or tax, the owner, lessee, or licensee, or person dealing in the timber or operating the mill or other industry as aforesaid, who is in arrear for the stumpage, royalty, or tax, shall forthwith pay the arrears, and for the purpose of the collection and recovery of the same shall be subject to all the provisions of this Act for the collection and recovery of stumpage, royalty, or tax. 1912, c. 17, s. 62; 1015, c. 28, s. 16; 1917, c. 36, s. 10 (redrawn).

Power of mill-owners to collect nionevs due to Crown

Crown Hen for tnoncjs collected

138. (1.) It shall be lawful for any person owning or operating any mill to collect the stumpage and the royalty or tax due to the Crown in respect of any logs which are brought to his mill, and to give receipts therefor. All moneys so received shall be accounted for and paid over to the Minister.

(2.) The Crown shall have a lien upon the mill and all timber thereat, and on any lands appurtenant thereto, for all stumpage, royalty, and tax collected under this section, and for all expenses of seizure, detention, or sale incurred in enforcing the lien; such lien to confer the same rights and to be registrable and enforceable in the same manner as the liens created by the provisions of this Act for the recovery of royalty, including an absolute, unconditional power to sell. All moneys payable under this section may also be recovered at the suit of the Crown in any Court of competent jurisdiction. 1912, c. 17, s. Gl (rearawn).

Power of officer making aeisure to obtain aaalstnnce.

129. Every officer or agent making any seizure under this Act may call in any assistance necessary for securing and protecting the timber or thing seized. 1912, o. 17, s. 65 (redrawn).

1923 FOBKSTS. CHAP. 17

130. (1.) All timber, wood, or bark of any person seized under Forfeiture and «aie this Act shall be deemed to be forfeited to the Crown unless the ° m

amounts due for rent a) «tumpage, royalty, or tax, and all expenses of seizure and detention, ire paid within ten days from the day of seizure, or unless the person from whom it was seized, or the owner thereof, within ten days from the day of seizure, gives notice to the person who made the seizure or to the District Forester or the Forest Branch that he disputes the seizure; and failing such payment or notice, the Minister may order the sale of the timber, wood, or bark, or of so much thereof as may be sufficient to pay all rentals, stump-age, royalties, or taxes due, and all expenses of seizure, detention, and sale.

(2.) Any Judge of the Supreme Court or of a County Court may, Determination of upon petition in a summary way, try and determine such seizures, , a l ld l ot selzurC3-and may order the delivery of the timber, wood, or bark to the alleged owner, upon his complying with the following requirements :—

lie shall first pay into Court the full amount of the rental, stumpage, royalty, or tax claimed, together with a sum equal to the expenses up to that time incurred in respect of the seizure, and shall give sufficient and acceptable security for such amount to meet further costs and expenses as the Judge trying the case may consider requisite for that purpose: Such security {.hall be taken in the name of the Minister to His Majesty's use, and shall be delivered up to and kept by the Minister:

(c.) If the seizure of the timber, wood, or bark is approved by the Court or Judge trjing the case, the amount paid into Court for the rental, stumpage, royalty, or tax claimed, and the said costs and expenses, shall forthwith be paid out to the Minister, and the alleged owner shall further pay to the Minister any moneys due for costs and expenses over and above the sum so paid into Court as aforesaid. If the alleged owner fails to make such payment, the Minister may forthwith proceed to recover Ihe same under the

said security. (rcdraivn).

1012, c. 17, S3. 66, 67; 1915, c, 28, s. 7

131. Every person availing himself of any false statement or oath pointy for making to evade the payment of any rental, stumpage, royalty, or tax pay- 'nuie^nvmont'of ° able to the Crown with resj>ect to timber, or endeavouring to convey cT<!«nS u<" <0

out of the Province any timber in respect of which rental, stumpage, royalty, or tax is payable, without first paying the rental, stumpage, royalty, or tax, shall forfeit the timber in respect of which payment of such moneys is attempted to be evaded, and shall, on summary conviction, be liable, in addition, to a penalty not exceeding five hundred dollara 1912, e. 17, s. 08 (redrawn).

CHAP. 17 FOBKSTS. 14 GEO. 5

Offences and Penalties.

offences against 132. (1.) Every person who violates any provision of this Act or of the regulations shall be guilty of an offence against this Act, whether otherwise so declared or not.

(2.) Every person upon whom the performance of any act or the fulfilment of any duty is imposed by any provision of this Act or of the regulations, and whether by express words or necessary intendment, who refuses, neglects, or fails to perform such act or to fulfil such duty, as the case may be, shall be guilty of an offence against this Act, whether otherwise so declared or not. 1912, c. 17, ss. 134, 135 (part).

General penalties. 133. Every person guilty of an offence against thia Act for which no specific penalty is otherwise provided by this Act shall be liable, on summary conviction, to a penalty of not less than twenty-five dollars and not more than three hundred dollars. 1912, c. 17, s. 135 (part).

134. "Any information for or in respect of any violation of any provision of Part XI. shall be laid before the expiration ^f six months from the time of the happening of such violation. Any information for or in respect of any violation of any of the other provisions of this Act shall be laid before the expiration of twelve months from the time of the happening of such violation. 1913, c. 2G, s. 17; 1917, c. 3C, s. 12.

Responsibility of 135. Every offence against this Act arising out of the violation cniDiovGr for sets of servants. of any of the provisions of Part IX.. Part X., or Part XI., other

than the provisions of section 98, but not excepting the provisions of section 98 concerning the use of explosives, committed by the employee, servant, agent, or workman of any person holding or owning or occupying a timber leasehold or a timber 'imit, or carrying on any land-clearing, lumbering, industrial, engineering, or con struction operation in or within one-half of a mile from any forest or woodland, shall be deemed to be the offence of the person so owning, holding, or occupying the timber leasehold or timber limit, or carrying on the land-clearing, lumbering, industrial, engineering, or construction operation; and he shall be liable to the penalties prescribed for the offence as a principal offender, notwithstanding the fact that the offence was committed by a person who is not proved to have committed it under or by the direction of the person so owning, holding, or occupying the timber leasehold or timber limit, or carrying on the land-clearing, lumbering, industrial, engineering, or construction operation; but nothing in this section shall relieve the person actually committing the offence from liability therefor. 1912, c. 17, s. 139; 1915, c. 29, s. 27; 1922, c. 41, s. 20 (redrawn).

Limitation of time for laying Information.

Actions by Attorney-General.

136. (1.) The Attorney-General, acting in the name of His Action» for Majesty, may bring, maintain, and recover judgment in the Supreme tTmber teasVand Court in an action against any person who has obtained any timber leasehold or timber limit or Crown timber by fraud, or iu contravention of, or by means of any breach of, or in derogation of any of the provisions of this Act.

(2.) The Attorney-General may, by leave of a Judge of the Actions at instance Supreme Court, bring any action under the provisions of this sec- ot seu?remcb2ourt!e

tion on behalf or at the instance of any relator, upon such terms as to security for costs by such relator and otherwise as to the Judge seems just.

(3.) Upon application made to a Judge for leave to so bring any NotIce to defendant. such action, the Judge may direct notice to be given to the defendant, and may allow the defendant to show cause why such leave should not be granted.

(4.) If it appears to the Judge on any such application that the joinder of actions, rights of several persons affecting or relating to the timber leasehold or timber limit or Crown timber or matter in respect of which the application is made may be tried and determined in one action, the Judge may direct notice of the application to be given to all such persons, and may allow or cite such persons to appear and show cause for or against the application, and may make such order in respect of the application, and ii leave is given to bring an action as to the joinder of parties therein, as to the Judge seems just. 1912, c. 17, sa 140, 141.

137. (1.) In any action brought under the provisions of the last j,iri3dic(ion of preceding section, the Supreme Court may adjudge that any de- jiXme"? scope of

fendant has obtained any timber leasehold or timber limit or Crown timber in question in the action by fraud or in contravention of, or by means of any breach of, or in derogation of any of the provisions of this Aci, and that the timber lease or timber licence be cancelled or assigned lo the party equitably entitled thereto, if the rights of such party are before the Court in the action for determination, and may deliver the Crown timber to be dealt with in such manner as to the Court may seem just and equitable, having regard to the rights of the parties which are before the Court for determination in (he action.

(2.) Every adjudication made in an action so brought shall, as Right of appeal to all interlocutory orders made therein, and as to the final order, judgment, and decree pronounced therein, be subject to the same right of appeal as exists and is given in the case of civil actions brought in the Supreme Court, and the Rules of Court for the time being in force shall apply to and regulate ail proceedings in every action brought under the last preceding section. 1912, c. 17, s, 142.

CHAP. 17 FORESTS. 14 Quo. 5

Migcellaneoua.

riiinc of *mtga- 138. Every assignment of a timber lease or timber licence shall i n n toa iiecoeeL be filed in the Forest Branch, and a fee of five dollars shall be pay

able in respect of each lease or licence assigned. 1912, c. 17, s. 30.

from°timber feS- 1$&- In the case of any 'ease granted by the Lieutenant-Governor limit by ""a^r of m Council f ° r industrial or quarrying purposes, or for the digging taMDKStriir3* °^ c ' a ^ o r marh °* a n ? lands held under timber lease or timber purposes. licence, if the holder of the lease (in this section referred to as the

" lessee ") cannot agree with the holder of the timber lease or timber licence affected by the lease (in this section referred to as the " timber-holder ") as to the removal of the trees and timber within the limits of the lease, the lessee msy proceed under this section to obtain the right to cut and remove all trees and timber within the limits of his lease, in which case the following provisions shall apply:—

(a., The lessee shall serve upon the timber-holder a norfre of the lessees desire to obtain the right to cut and remove all trees and timber within the limits of his lease:

(6.) The notice shall contain a description of the lands covered by the lease, and an offer by the lessee to pay a sum named in the notice as compensation for the trees and timber within the limits of the lea^ :

(c.) Prior to the service of the notice, the lessee shall deposit the sum named in the notice, m cash, with the Minister, in trust for the purposes set out in this section:

id.) The notice shall be accompanied by a receipt for the money so deposited, and by a certificate signed by the Chief Forester stating that the sum so offered is in his opinion a fair compensation for the trees and ti?nber within the limits of the lea*>e:

(c.) The notice may be served by mailing it by registered mail, postage prepaid, addressed to the timber-holder at his last-known address as shown by the records of the Forest Branch:

(/.) If, within twenty-one days after the service of the notice by the lessee, the timber-holder gives notice in writing to the lessee and to the Minister that the timber-holder agrees to accept the sum ofTered by the lessee as compensation under this section, the Minister shall pay over the money so deposited with him to the timber holder:

(g.) Unless within twenty-one days after the service of the notice by the lessee the timber-holder gives notice in writing to the lessee that the timber-holder agrees to accept the sum ofTered by the lessee as compensation under this section, the question of tue amount of compensation to be paid shall be decided by arbitration pursuant to the

" Arbitration Act" as if the arbitration were pursuant to a submission to which the lessee and timber-holder were parties; in which case the money so dcpoeit"d with the Minister shall be paid over by him in accordance with the terms of the award:

(h.) If the sum awarded under the arbitration exceeds the sum offered hy the lessee in his notice, the costs of the arbitration shall be borne by the lessee; otherwise the costs shall be borne by the timber-holder, and shall be deducted from the compensation:

(*".) After deposit with the Minister of the sum offered and after service of the notice upon the timber-holder pursuant to this section, the lessee may cut and remove all trees and timber within the limits of his lease, and, subject only to the right of the timber-holder to institute arbitration proceedings under this section, and to recover the amount of compensation as fixed by agreement of the parties or by the arbitration, no action at the suit of the timber-holder either for damages or for injunction shall lie against the lessee by reason of the cutting and removal of the trees and timber within the limits of his lease. 1912, c. 17, s. 24 ; 1913, c. 28. s. 10; 191S. c. 44, * 9: 1910. c. 45, s. G (part).

140. (l .i The Lieutenant-Governor in Council may make such General power to regulations not inconsistent with the spirit of this Act as he con- m a e r e B U a t o n s-siders necessary or advisable for carrying out the purpose and provisions of this Act, including matters in respect of which no expics*-or only partial or imperfect provision has been made.

(2.) Without thereby limiting the generality of the provisions snoriai pnwer m contained in subsection (1>, it is declared that the power of the make roc" Lieutenant Governor in Council to make regulations shall exfend to the making of regulations:—

(a.) Governing the standards of utilization, methods of logging, reservation of seed-trees, and disposal of debris in respect of any timber leasehold or timber limit:

(6.) For ensuring the future forest crop of any timber leasehold or timber limit:

(c.) Prescribing the terms and conditions on which resin licences and permits to tap trees for the purpose of obtaining resin may be issued and held under this Act:

(d.) Requiring every person carrying on any land-clearing, lumbering, industrial, engineering, or construction operation to maintain at his own expense such flre-flghting equipment and such number of forest fire prevention officers for the purpose of preventing the occurrence or spread of fire from that operation as are prescribed in

CHAP. 17 FOEESTS. 14 Geo. &

the regulation». 1912, c. 17, s. 134; 1920, c 44, a. 4; 1S21, c. 28, tL 1\ 1922, c 41, s. 18 (pari, redrawn).

Application of Ketlon.

UCCDCGB i f U S M nurer completed before December «let, 1823.

Extension of time for survey of group of licence*.

141. (1.) This'section shall apply only in respect of special timber licences' which became null and void pursuant to subsection (1) * f section 25 of the " Forest Act," repealed by this Act, by reason of the timber limits included in such licences not being surveyed on or before the thirty-flrst day of December, 1922.

(2.) The last holder of any special timber licence to which this section applies may have the timber limit included theiein surveyed at his own expense, in accordance with the provisions for the survey of timber lands in force under the said " Forest Act" immediately prior to its repeal, and field-notes of the survey deposited with the Surveyor-General on or before the thirty-first day of December, 1923, and thereupon the holder shall be entitled to obtain a reinstatement of his licence and of his rights to the timber on the said timber limit upon application for reinstatement, and upon payment to the Forest Branch, on or before the thirty-first day of December, 1923, of all sums which under the said " Forest Act " or under this Act would, if the special timber licence had not become null and void as aforesaid, have been payable in respect of the licence in order to maintain at all times the right of the holder to obtain a renewal and to entitle him to a renewal of the licence at the time of reinstatement under this section, together with interest at the rate of six per centum per annum on the several sums so parable from the respective dates on which they would have been so payable; but where, prior to the application of the holder for reinstatement under this section, any land or timber formerly comprised in the licence has been alienated or disposed of by the Crown, the reinstatement of the licence shall be subject to such alienation or disposition.

(3.) Where a group of special timber licences, consisting of two or more in number, were held by the same person as the last holder thereof, as shown by the documents on file in the Forest Branch, the holder may, upon showing to the satisfaction of the Surveyor-General, on or before the thirty-first day of December, 1923, that he has bona fide commenced a survey of the timber limits contained in the group of licences, the completion of which survey is impracticable before the thirty first day of December, 1923, the Surveyor-General may grant to him an extension of time for the completion of the surveys of the timber limits, and for the obtaining of a reinstatement pursuant to subsection (2) at any time on or before the thirtieth day of June, 1924. (A'eic.)

Re tf it 1912, 142. The " Forest Act," being chapter 17 of the Statutes of 1912,

and the " Railway Lands Timber Royalty Act," being chapter 197 of the " Revised Statutes of British Columbia, 1911," are repealed. (Aetc.)

1923 F0EE8T8. CHAP. 17

SCHEDULE. (Section 31.)

Lieutenant-Governor.

RENEWAL TIMBER LEASE.

Deputy Ministir of Land».

THIS IWDESTUBE, made the day of , A.D. 19 ,

Between

His MAJESTT THE KINO In right of his Province of British Columbia (who. with his heirs, successors, and assigns, is hereinafter referred to as " the said Lessor ") of the one part;

and (who, with executors, administrators, and assigns, hereinafter referred to ss " the said Lessee ") of the other part.

Whereas the said Lessee Is the holder of a certain timber lease, dated the day of , A.D. 19 , made between His Majesty the King of the

one part and of the oth*>r part, covering the land hereinafter described, of which lease the said Lessee is entitled to a renewal pursuant to the provisions of section 31 of the " Forest Act," being chapter of the Statutes of the Province of British Columbia of the year 1923:

Now, this Indenture witnesseth that, in pursuance of the provisions of said section 31 of the " Forest Act." and in consideration of the payments and stipulations to be made and observed by and on the part of the said Lessee, the said Lessor, so far as the Crown hath power to grant the same, but not further or otherwise, doth hereby lease (save as hereinafter expressed) unto the said Lessee, all that land situate in District, in the Province of British Columbia, described «is , containing acres, more or less, and more particularly though approximately designated on the tracing hereunto annexed, and thereon coloured red, with full power, subject to the provisions hereinafter contained, to enter upon and therefrom and from any part of the said premises at pleasure to cut down any trees Whatsoever, and the same to carry away and to manufacture Into, sell, and dispose of ns spars, timber, or lumber, or otherwise for the said I/essee's own sole use and behoof, and for no other pur|>ose whatsoever; except and always reserved themmt ali Indian grounds, plots, gardens, Crown and other reserves; except also thereout so much of the said land as may from time to time be required for any roads, streets, bridges, aqueducts, military, nnv.il, municipal, or public pur|>oses: except and also reserved thereout nil existing pri\ate and public rights, also the right of proprietor? of mines to cut timber for mining purposes; except and also reserved thereout to the said Lessor full control over the water-frontage of the said premises (If any); except and also reserved thereout to the said Lessor the right freely to enter, cut, ar.d take nway niiy timber or trees, gravel, sand, stone, or other material reo.ulrt.-d for the construction of any bridge, road, or public work, as the Minister of Public Works of the said Province mav from time to time think fit; except and also reserved thereout to the said Lessor all mines and minerals within, upon, or under the said land, and power for the said Lessor freely to work, carry away, and dispose of the samp: Provided that the said Lessor, nls servants or agents, shall be at liberty at any time during these presents to enter upon the premises hereinbefore described, and survey the same and sell and grant all or any part of the said premises, In such

CHAP. 17 FOBJMTS. 14 Gm. 5

manner as the said Lessor snail think fit, subject nevertheless, to the rights and privileges conferred upon the said Lessee by these presents for the term hereby demised; to bold the said premises hereby demised unto and to the use of the said Lessee, for the term of twenty-one years from the date hereof, for the purposes aforesaid, yielding and paying therefor in advance to the said Lessor each year during the said term, rent at a rate per acre of the land hereby demised calculated as the slx-hundred-and-fortleth part of the annual renewal fee payable that year, pursuant to Statute in that behalf. In that portion of the said Province wherein the land hereby demised is situate, for a special timber licence covering six hundred and forty acres, such payments to be made at par at the Forest Branch, Victoria, without any deduction or abatement whatsoever, the first of such payments to be made on the date of these presents, and the succeeding annual payments on the annhersary of that date in each year: Provided that from time to time any 'rea of six hundred and forty acres or multiple thereof comprised In the land h?i *.y demised may, on the application of the said Lessee, be eliminated from this demise, and thereupon the annual rent hereby reserved shall be proportionately reduced as from the next ensuing anniversary of the date of these presents, and thereupon these presents and all rights of the said Lessee thereunder in respect only of the land comprised in the said area so eliminated shall cease and determine, and the said land shall, without any actual re-entry on the parr of the said Lessor, or other proceeding whatsoever, vest In the said Lessor as of his former estate, anything herein contained to the coutiary notwithstanding; and the said Lessee hereby covenants with the said Lessor in manner following, that is to say: That the said Lessee wil' pay the rent hereinbefore reserved, at the times and in the manner hereinbefore appointed; and will at all times pay all rates, taxes, assessments, nnd outgoings whatsoever (statutory or otherwise) which may be made, assessed, or levied upon, for or in respect of the demised premises or any part thereof; and will at all times pay all royalty and all scaling fees reserved or payable pursuant to Statute in that behalf, in respect of all trees and timber cut on the demised premises during the term hereby demised; and will apply the premises hereby demised to the purposes hereinbefore mentioned, and to no other purpose, nnd perform this covenant to the satisfaction of the said Minister of Lands for the time being: Provided always, and these presents are upon this express condition, that if In any year the annual rent hereby reserved, or any part thereof, is not paid within twenty-four hours after the date on which it is payable, the said Lessee shall. In addition to the annual rent, pay to the said Lessor for each full montn or for any part of a month between that date and the date of payment of the rent a sum at a rate per acre of the land hereby demised calculated as the six-hundred-and-fortieth part of the addlt onal sum payable that year, pursuant to statute in that behalf, in respect jf the renewal of a special timber licence covering six hundred and forty acres, the holder of which has made-default In the payment of the annual renewal fee for his llcenrp; and that If the annual rent or additional sums hereby reserved, or any part thereof, remain unpaid for the period of one year from the date on which the annual rent is payable, these presents and all rights of the said Lessee thereunder shall thereupon cease and determine, and the land hereby demised shall, without any actual re-entry on the part of the said Lessor, or other proceeding whatever, vest in the said Lessor as of his former estate, anything herein contained to the contrary notwithstanding: Provided further, and these presents are upon tbls express condition, that If the snld Lessee shall fall to fulfil, keep, and observe all and singular the payments (other than the said annual rent and additional sums), covenants, and stipulations hereinbefore contained, and on the part of the Bald Lessee to be paid, observed, and performed, or any of them or any part thereof, respectively, It «ball be lawful for the said Lessor, by the said Mlnleter of Lands, his agent or servant, upon

three calendar months' notice to that effect from the Minister of Lands or under the hand of any person duly authorized by aim In that behalf, and delivered a t the bouse or office of the said Lessee, or published In four consecutive numbers of the British Columbia Gazette, absolutely to forfeit all the rights and privileges of entering, cutting spars, timber, or lumber, or otherwise, hereby conveyed, or so much thereof as shall be specified In that behalf in any such notice, and thereupon these presents and all the rights and privileges therein contained shall, so far as i« in accordance with such notice, cease, determine, and be of none effect, any rule of law or equity to the contrary notwithstanding, without any actual re-entry on the part of the said Lessor, or inquisition, or office found, or other proceeding whatever: Provided that these presents may be renewed for consecutive and successive periods of twenty-one years ; but these presents shall not be so renewed unless the renewal is applied for within one year previous to the expiration of the term hereby demised or of the period of the then current renewal thereof, and all the conditions hereof and all regulations prescribed by or under any Ac-t of the Legislature of the said Province from time to time concerning the cutting, scaling, and removal of timber and the disposal of debris and the prevention f fire have been complied with to the satisfaction of the said Minister of Lands, and all charges prescribed by or under any Act of th° said Legislature in respect of ihe lands hereby demised for the upkeep of a system of fire prevention and extinguishment, together with all royalties, rentals, scaling fees, and other charges, have been duly and fully paid; and these presents and the removal, manufaetuie. sale, and disposal of the timber held thereunder shall, during the term hereby demised and any renewal thereof, be subject to the like terms, conditions, and royalties as under any Act of the said Lcsislat ire are from time to time in force In reelect of timber held or cut under special timber licence in that portion of the Province wherein the lrnds hereby demised are s i tua te ; .and these presents shall also during the period of any such renewal be subject to the pajment of ground-rent each year at a rate lier acre of the land comprised therein calculated as the six-hundred-and-fortieth part of th" annual renewal fee payable that jear , pursuant to Statute in that behalf. In that portion of the said Province wherein the said land is situate for a special timber licence covering six hundred and forty acres.

I N WITNESS WHEREOF the parties hereto have hereunto set their hands and #"ils the day and j en r 1r«t above writ ten: WITNESS, His Honour , the Lieutenant-Governor of British Columbia, acting on behalf of His Majesty, and the Great Seal of the Prcnince of British Columbia hereunto affixed. Signed, sealed, and delivered!

by the within-named I in the presence of—

Ry Command.

Provincial Secretary,

VICTORIA, B.C.: r-rliitrt by WILLIAM II. CLILIN, ITInter to the King'» Mo»t Excellent Majittlj.

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HISTORIC PRESERVATION COMMISSION

Disconnect Between Satutory Rape Laws and Prostitution Laws

Motor Vehicle Act Regulations - 26_58 - 2019-07-15 - BC Laws

Order in Council 911/1923 - BC Laws

IG authorize the Governor of Y an - BC Laws

e - Tobacco Control Laws

Order in Council 72/1951 - BC Laws

LAWS OF KENYA

ITEACHER - BC Teachers' Federation

Commoner's Laws of Ecology