68 THE ROYAL SOCIETY OF CANADA 
Nova Scotia whereby every grantee was obliged “to clear and cultivate 
one-third part of his land within the space of ten years, another third 
part within the space of twenty years, and the remaining third part 
within the space of thirty years from the date of the grant.’’ This con- 
dition he alleged was generally understood to require that all the wood 
on the whole of the grant was to be cut within the term of thirty years. 
The settler was disinclined to take lands on terms which it was not only 
difficult, but contrary to his interest to fulfil. Every farmer naturally 
desired to reserve a certain amount of wood land upon his property. 
McNutt therefore proposed to substitute for the condition above men- 
tioned a provision contained in an Act passed in Virginia in 1713, entitled 
“An Act declaring what shall be accounted a sufficient seating, planting, 
cultivating and Improving of Lands already granted, or hereafter to be 
taken up and patented.” The Lords of Trade recommended that the 
form of the grants be altered in accordance with McNutt’s wish, but the 
proposal was not carried into effect and the condition remained. 
Another provision to which Colonel McNutt took exception, some- 
what later, was the reservation for the use of His Majesty’s navy of 
all pine trees of 24 inches diameter and upwards. He states that “it 
makes but little difference to the Farmer what kind of Timber or Wood 
be reserved, whether White Pine, Gopher or Shittim wood. If there 
be any reservation at all, the land will be always liable to be forfeited 
at the pleasure of the Informer, who may probably be a Knight of the 
Post, ready to swear anything and everything that may answer his 
purpose. . . . No doubt His Majesty will find people ready to take 
Grants of all lands to the North Pole, without making enquiry about 
the terms of the deed or privileges of the people; but those who propose 
to spend their all in the improvement of lands ought to be very careful 
what tenure they hold them by.” The possibility that a whole town- 
ship might be forfeited because some one of the grantees inadvertently, 
or by design, should cut down a pine tree of more than 24 inches dia- 
meter led McNutt to say that such a provision in the grants would tend 
to frustrate the settlement of the colony altogether. The only way to 
preserve the timber was to give the Farmer his deed without reservation, 
otherwise it could not be expected that he would let any pine tree grow 
to the size of 24 inches diameter as he would be liable, in that case to 
forfeit his land if he should use it. It would become the policy of the 
farmer to destroy all the young growths. Fishermen would be in a still 
worse condition not being permitted to use the timber on their own 
lands even to build a fishing vessel with. 
The Lords of Trade, however, were not disposed to yield on this 
head. They deemed it a matter of national concern that there should 
be a reserve of masts for the Royal Navy, and held that there should 
