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edly serious apprehension entertained by many that a time of great embarrass- 

 ment and difficulty was at hand ; while a crisis had actually arrived in regard to 

 testing the efficacy of the by-laws by which the trade is governed, so far as it is 

 as a whole affected by the operations on public lands ; and because, therefore, the 

 action then taken has so far solved a difficult problem and is likely to exercise 

 a permanent influence on the trade." 



As modified by experience, the management of the timber interests upon 

 the public lands in the later years of the former Canadian Government was in 

 charge of the Commissioner of Crown Lands, who was authorized to grant 

 licenses for cutting timber upon ungranted lands at such rates, and subject to 

 such regulations as might be established from time to time by the Governor-in- 

 Council and of which notice was given in the Canada Gazette. These licenses 

 were granted for a period not exceeding twelve months, and obliged the lessees 

 to make returns at the expiration of the lease, showing the number and kinds of 

 trees cut, and the quantity and description of saw-logs, or of the number and 

 description of sticks of square timber manufactured and carried away under 

 such license, which statement must be verified by affidavit before a justice of 

 the peace. The Crown dues were a claim upon the timber or any part thereof, 

 wherever found, and whether in the original logs or made into deals, boards or 

 other stuff, and which might be seized and detained wherever found until the 

 dues were paid. 



Persons cutting, or causing to be cut, any timber on any of the Crown,, 

 clergy, school, or other public lands, or removing, or inducing, or assisting in the 

 removal of timber thus cut without authority, acquired no right or claim for 

 cutting or preparing for the market, but the whole became forfeited, and if the 

 timber or saw-logs had been removed out of the reach of the officers of the 

 Crown lands department, or if it was found otherwise impossible to seize the 

 same, the person was liable in addition to the loss of his labor and disbursements, 

 to a forfeiture of $3 for every tree (rafting stuff excepted) that might be proved 

 to have been cut, to be recovered with costs of suit, in the name of the 

 Commissioner of Crown Lands or resident agent in any court having jurisdiction 

 in civil matters to the amount of the penalty. In all such cases it was incumbent 

 on the party charged to prove his authority to cut, and the averment of the 

 party seizing or prosecuting that he was duly employed under the timber act 

 was to be received as sufficient proof, thereof, unless the defendent proved to the 

 contrary. 



Seizures might be made upon information supported by affidavit. If the 

 timber illegally cut had been mixed with other timber, the whole might be 

 detained until satisfactorily separated by the holder. Resistance to an officer or 

 authorized agent, by assault, force, or violence, or by threats of such, was made 

 a felony, and the carrying away of timber under seizure, whether openly or 

 secretly, and whether with or without force or violence, was deemed stealing and 

 rendered the person liable to punishment for felony. Whenever any timber was 

 seized for the non-payment of Crown dues, the burden of proof of payment, or 

 as to the land on which it was cut, was to rest on the claimant of such timber 

 and not on the officer making the seizure or the party bringing the prosecution. 



Timber seized was to be deemed to be condemned at the end of thirty days 

 and publication of notice, unless the person claiming, sooner notified the nearest 

 officer or agent of the Crown land office that he intended to prove his claim. 



Any judge of competent jurisdiction might order the release of timber under 

 seizure upon receiving from the alleged owner a bond with two good and 

 sufficient sureties, first approved by the agent, for double the value of the 

 timber in case of condemnation, such bond being taken in the name of the 



