if any objection should be filed and afterwards settled, disposed of, be forwarded to
or withdrawn, the Commissioner shall forthwith forward one copy LaSdstoent of of the application and declarations as to publication of notices,
with his import thereon together with the licence fee, to the Depart
ment of Lands at Victoria. Ali payments of licence fees shall be made by cheque, which shall be certified and payable at par in Victoria. 1908, c. 30, s. 55, subsec. (c) (part); 1911, c. '29, s. 15, subsec. (2).
92. Such licence may be granted at the discretion of the Minister, Royalty tax.
and shall be subject to such tax and royalty as may be by this Act,
or any other Act of the Legislature, imposed or reserved: Provided Minister may offer
that the Minister may, before granting any such special licence, competitionUUllc
offer the limits to public competition, when he has reason to believe 1541
Special timber licences for logging purposes.
Fees.
Adjudication of adverse claims.
Rights and powers of licensee under a special licence.
Transfer and renewal of special timber licences now in force.
that the public interests will be served by so doing. 1908, c. 30, s. 57, subsec. (I) (part) ; 1911, c. 29, s. 14 (part).
93. Such licence shall not be granted for a larger area than six hundred and forty acres of land, which shall be in one block bounded by straight lines drawn to the cardinal points, none of which lines shall be less than forty chains in length, except in cases where such a length cannot be obtained; nor shall the licence be granted for a longer period than one year, and the fees payable for such licence shall be as follows:—
For each licence: West of the Cascade Range, one hundred and forty dollars; east of the Cascade Range and in the Electoral District of Atlin, one hundred and fifteen dollars. 1908, c. 30, s. 57, subsec. (I) (part).
94. The Minister shall take into consideration any objections, protests, or adverse claims to the granting of any such special licence that may be lodged with him, and shall decide whether such applicant is entitled to the first right to obtain such licence. In case of any dispute as to the staking and location of the land under the provisions of section 89, the right to completion of the applica
tion shall be recognized according to priority of such location, subject to the applicant having complied with the terms and con
ditions relating to application. 1908, c. 30, s. 56 (part); 1911, c. 29, s. 14 (part).
95. A special timber licence shall vest in the holder thereof ali rights of property whatsoever in ali trees, timber, and lumber cut within the limits of the licence during the term thereof, whether the trees, timber, and lumber are cut by authority of the licensee, or by any other person with or without his consent, and such licence shall entitle the holder thereof to seize, in revindication of any rights or otherwise, such trees, timber, or lumber, where the same are found in the possession of any unauthorised person, and also to institute any action against any wrongful possessor or trespasser, and to prosecute ali trespassers and other offenders to punishment, and to recover damages (if any) ; and ali proceedings pending at the expiration of any licence may be continued to final termination as if the licence had not expired. 1908, c. 30, s. 59.
Renewals, and Regulations governing them.
96. Ali special timber licences which were in force on the seventh day of March, 1908, or any which may have been applied for, or notice of which application has appeared in the Gazette on or before the fifteenth day of April, 1905, shall be transferable and may be renewed each year for sixteen successive years, and the fees for each renewal of any such licence shall be paid in advance, and shall be of the same amount as was payable on the said seventh day of March, 1908, for such licence: Provided that the right of
1542
1911. Lands, Crown. Chap. 129.
sudi annual renewal shall not be acquired by the holder of any licence unless he shall, at the tinae of applying for the first renewal of his licence, have given notice in writing to the Minister of his intention to avail himself of the privileges of this section. In addition to the royalty Avhich is now reserved by section 116 of this Act, there shall be paid to His Majesty ten cents per thousand feet, board measure, upon and in respect to ali timber suitable for spars, piles, saw-logs, railroad-ties, and props for mining purposes, cut and removed from lands comprised within any special licence issued or coming within the scope of this section. 1908, c. 30, s. 57, subsec. (2); 1911, c. 29, s. 14 (/part).
97. Ali special timber licences issued between the seventh day of Transfer ana March, 190S, and the tenth day of March, 1910, shall be transferable timber licences
. . , , . issued between 7tb
and shall be renewable each year for twenty-one successive years. March, idos, ana
190S, c. 30, s. 57, subsec. (3) {part). 10th March' 101°' 98. If the terms and conditions of a special timber licence, and Transfer ana
the provisions of this Act and of any regulations passed by Order in timber licences.
Council respecting or affecting the same have been complied with, every special timber licence shall be transferable and shall be
renewable from year to year while there is on the land included in such licence merchantable timber in sufficient quantity to make it commercially valuable (proof whereof must be furnished to the satisfaction of the Minister)-:
Provided,' however, that the holder on the tenth day of March, 1910, of any sudi licence who wishes to renew under the provisions of this section shall surrender his old licence and ali privileges appertaining thereto within two years from the first day of April, 1910, and shall at such time apply for the renewal thereof under the provisions of this section, and shall, in addition to ali other payments to be made hereunder, pay a fee of twenty dollars:
Provided further that such renewal shall be subject to the payment of such rental or licence fee and such fax and royalty, and to sudi terms and conditions, regulations and restrictions as are fixed or imposed by any Statute or Order in Council in force at the time the renewal is made, or at any time thereafter. 1910, c. 28, s. 6 {part) ; 1911, c. 29, s. 14 {part).
99. When any special timber licence shall be granted in respect Renewal of licences
of land situate within ten miles of an incorporated town or city, or ten miles of city.
in respect of land situate in the vicinity of any registered townsite, the same may be renewed only at the discretion of the Minister.
1910, c. 28, s. G {part); 1911, c. 29, s. 14 {part).
100. Whenever the land included within any special timber Minister may in
, ,, . .. , . , . „ . . certain cases limit
licence shall, after an inspection has been, made by the Minister, time for removal
be ascertained to be fit for settlement and to be required for that purpose, the Minister may require the licensee to carry on and
1543
Fee for renewal of special timber licence.
Survey.
Right-of-way across
lands for timber
chutes, etc.
complete the cutting and removal of the timber thereon within such reasonable time as the Minister may fix and prescribe, and on the expiration of such time or any extension thereof the licence shall be cancelled and the land included therein shall be opened for settlement on such terms and conditions as the Lieutenant- Governor in Council may think fit. 1910, c. 28, s. 6 {part); 1911, c..29, s. 14 (part).
101. The fee for the renewal of a special timber licence shall be paid before the expiration of such licence: Provided, however, that if it shall appear that the holder of any such licence has failed or neglected to pay the renewal fee before the expiration of the licence, he shall, upon payment of such fee and an additional sum of twenty- five dollars within three months after the expiration of the licence, be entitled to a renewal thereof. 1909, c. 28, s. 5 (part).
102. No licensee who elects to renew his licence under the provisions of section 96 of this Act, and no person who took out a special timber licence after the fifteenth day of Apri], 1905, or who shall hereafter take out a special timber licence, shall be allowed to cut or carry away any timber from off any such timber limit unless the said licensee has, at his own expense, had the land surveyed by a surveyor approved of and acting under instructions from the Minister. The Minister may, however, at any time notify
the holder of any special timber licence to have the land covered by such licence surveyed by a surveyor approved of and acting under instructions from the Minister within a time to be mentioned in such notice, and if such land shall not be surveyed within such time, or within such further time as may be granted by the Minister therefor, the holder of such licence shall forfeit ali his rights to the timber on said land, and such licence shall become null and void. 1908, c. 30, s. 57, subsec. (5) ; 1911, c. 29, ss, 9, 14 (part).
Rights-of-way.
103. Any holder of timber land in fee-simple, a timber leasehold, or of a special timber licence who may desire to secure a right-of- way across any lands for the purpose of constructing chutes, flumes, roads, or other works for use in getting out timber from the limit covered by his grant, lease, or licence shall—
(a.) Give thirty days’ notice of his intention to apply to the Minister for authority to construct such chutes, flumes, roads, or other works by an advertisement published one month in the Gazette and in a newspaper published or circulated in the district in which the' land is situated:
(h.) Give thirty days’ notice to the owner of the land over, through, or upon which such chutes, flumes, roads, or other works are to be constructed. Such notice may be given personally or in such manner as may be directed by the Minister. 1910, c. 28, s. 7 (part) ; 1911, c. 29, s. 14 (part).
1544
1911. Lands, Crown. Chap. 129. 104. The Minister is hereby empowered to grant or refuse such application as aforesaid upon such terms and conditions as the circumstances may warrant. The applicant shall, if the appli
cation be granted, be given only a right-of-way forty feet wide, and ali works shall be confined to the said area, and the title obtained by the applicant shall be only an easement: Provided that compensation for the said right-of-way shall be paid for before an entry is made on the said land; and if the parties cannot agree on the amount of the said compensation, then the same' shall be submitted to arbitration and settled in accordance with the terms and under the provisions of the “ Arbitration Act.” Such chutes, flumes, roads, or other works shall not be located or constructed on any lands on which buildings have been erected or which may be in use as gardens or orchards. The benefits and burdens herein
before mentioned shall enure as the case may be, to or be borne by, the heirs, executors, administrators, successors, and assigns of the persons affected. 1910, c. 28, s. 7 (part) ; 1911, c. 29, s. 14 (part).
Cancellation for Fraud.
105. When it is made to appear to the Attorney-General that a special timber licence issued under this Act has been obtained by fraud, he; may commence an action in the Supreme Court against the licensee, his executors, administrators, or assigns, for the cancellation of said licence upon the ground that it was obtained by fraud. Upon the hearing of the said action the Court or Judge shall have power to cancel said licence, save in the case of the same being held by an innocent purchaser for value without notice. The said cancellation of such licence shall, amongst other things, have the effect of relegating ali other applicants for a special licence to cut timber on the ground covered wholly or in part by the said cancelled licence to the rights they had and the position they occupied at the time the licence so fraudulently obtained was issued. 1908, c. SO, s. 56, subsec. (2).
Register.
106. The Commissioner for each land district shall keep a register of ali applications for a special timber licence filed under the provisions of this Part of this Act. Such register shall be indexed as to names of applicants and localities, and every such application shall be numbered and such number shall be registered.
Such register shall be open for search by the public during office hours, and a fee of twenty-five cents shall be charged for such search.
1908, c. 30, s. 55, subsec. (b).
Saving Clause as to Special Timber Licences.
107. Ali special timber licences and ali renewals thereof granted before the seventh day of March, 1908, shall be deemed to have
1545
Minister empowered to grant or refuse application for right-of-way.
Action for cancella
tion of timber licence obtained by fraud.
Register of applications.
Validation of special timber licences heretofore issued.
Hand-logger’s area to be included in licence.
Steam-power, etc., not to be used by licensee.
Penalty.
Licences not to be granted over Indian
been legally granted, but nothing in this section contained shall affect any legal proceeding now pending respecting any such licence or renewal thereof. 1908, c. 30, s. 62.
General Licences (Hand-loggers).
108. (I.) In addition to the special licences authorised by section 89 of this Act, and notwithstanding the reserve placed upon timber by Order in Council dated the twenty-fourth day of Decem
ber, 1907, the Minister may, upon payment of the sum of twenty- five dollars therefor, grant a general licence to cut timber from Crown lands, and within such area as may be specified or designated in such licence; but such licence shall be personal, and shall only grant authority to the person named therein to cut timber as a hand- logger, and sudi licence shall be in force for one year from the date thereof, and no longer.
(2.) No licence under this section shall be granted to any person who is not on the list of voters for the Legislature, except persons of the Indian race.
(3.) The area to be specified or designated in each licence granted under this section shall, before the granting of the licence, be inspected by the Forest Eanger or one of the Assistant Timber Inspectors, or such other person as may be authorised by the Minister for that purpose.
(4.) The holder of a licence granted under this section shall not use steam-power, or machinery operated by steam-power, in carrying on lumber operations under such licence.
(5.) Any person being the holder of a licence granted under this section, who shall violate the provisions of the preceding sub
sections hereof, shall be liable, on summary conviction before a Stipendiary Magistrate, to a penalty of not less than twenty-five dollars and not exceeding one hundred dollars for each offence.
1909, c. 28, s. 7; 1911, c. 29, s. 14 (part).
Limitation on Power to grant Licences.
109. No timber licence, general or special, shall be granted in respect of lands forming the site of an Indian settlement or reserve, and the Minister may refuse to grant a licence in respect of any particular land if, in the opinion of the Lieutenant-Governor in Council, it is deemed expedient in the public interest so to do.
1908, c. 30, s. 64; 1911, c. 29, s. 14 (part).
Respecting Assignments.
110. Every assignment of a timber lease or special timber licence shall be filed in the Department of Lands, and a fee of five dollars shall be payable in respect of each lease or licence assigned. 1910, c. 28, s. 8.
1546
1911. Lands, Crown. Chap. 129. Compulsory Manufacture within Province.
111. Ali timber cut'under lease, special licence, or general licence from Provincial lancis must be manufactured within the confines of the Province, otherwise the lease, special licence, or general licence shall be cancelled. 1908, c. 30, s. 49 {pari); 1911, c. 29, s. 7..
Rents and Royalties out of Timber Lands.
112. In addition to the royalty hereinafter reserved on ali timber cut ou timber leaseholds, there shall be paid annually, as ground- rent, the sum of five cents per aere for each aere included in any timber lease which has been granted between the thirty-first day of December, 1879, and the twenty-eighth day of April, 1888. 1908, c. 30, s. 65.
113. (I.) There is reserved to and for the use of His Majesty, his heirs and successors, a royalty of fifty cents for every thousand feet, board measure, upon and in respect of ali timber suitable for spars, piles, saw-logs, or railroad-ties, props for mining purposes, shingle or other bolts of cedar, fir, or spruce, and a royalty of twenty-five cents for every cord of other wood, cut upon Crown lands, patented lands, timber leaseholds, or timber limits, and upon any lands here
after granted.
(2.) Piles shall be measured by the running foot, and railway-ties and props shall be measured by the cord; and for the purposes of this Act two hundred running feet of piles, or one cord of ties or props, shall be taken respectively as equal to one thousand feet board measure.
(3.? There shall be due and payable to His Majesty, his heirs and successors, a tax upon ali timber cut within the Province, save and except that upon which a royalty is reserved by this section or that upon which any royalty or tax is payable to the Government of the Dominion, which tax shall be in accordance Avitii the follow
ing Schedules:—
Additional Rate to he added for Increased Sizes.
The following rebate on tax shall be allowed when the timber upon which it is due. or pay timber and wood cut upon Crown lands, patented lands, or timber leaseholds.
Tax upon ali timber except that upon which royalty
reserved by this
section. *
1547
Scaling.
Exemption from payment of royalty on cordwood.
Lien for royalty, tax, and rent.
Schedule No. 2.
Timber.
Lengths,not over. Diameters,not over. Rate,perLinea! Foot.
Ali Piles or Poles over 12 in. in Diam
eter shall be scaled, graded No. I, and taxed at Rates as under.
The following rebate on tax shall be al
lowed when the timber upon which it is due, or payable, is manufactured or used in the Province.
Feet. Inches. $ cts. Length. p.M. B.M.
40 n OI 40 $2 00
•Eo 50 ii eu 50 2 25
ea eo ii OI* eo 2 50
w LaH the tax over and above one
two-- 70 ii OI J 70 2 75 hundredthsof one cent per lineal foot.
80 n 02 80 3 00
S3
Cm over over
80 u 02* 80 4 00
Provided always that the Lieutenant-Governor in Council may allow such rebate on piles, telegraph poles, and crib timber not manufactured or used in the Province as may be deemed advisable.
Schedule No.' 3.
Mining-props and lagging ...(50c.) fifty cents per cord;
Railway-ties ... '... (50c.) fifty cents per cord;
Cordwood ... (2oc.) twenty-five cents per cord.
A rebate will be allowed of ali the tax over and above one cent per cord on ali railway-ties and mine-props and lagging and cordwood used in the Province.
. Schedule No. 4.
Shingle or other bolts of cedar, fir, or spruce, one dollar per cord. A rebate
Shingle or other bolts of cedar, fir, or spruce, one dollar per cord. A rebate