103 



property, such timber, where the same is found in the possession of any unauthor- 

 ized person, and also to bring any action or si it at law or in equity against any 

 party unlawfully in possession of any such timber, or of any land so leased, and 

 to prosecute all trespasses thereon, and such other offenders as aforesaid, to con- 

 viction and punishment, and to recover damages, if any; and all proceedings 

 pending at the expiration of any such lease may be continued and completed as 

 if the lease had not expired. 



8. Such lease shall be subject to forfeiture for infraction of any one of the 

 condition* to which it is subject, or for any fraudulent return ; and in such case, 

 the secretary of State shall have the light, without any suit, or other proceeding 

 at law or in equity, or compensation to the lessee, to cancel the same, and to make 

 a new lease, or disposition of the limit described thereinto any other party at any 

 time during the term of the lease so canceled: provided, that the secretary of 

 State, if he sees fit, may refrain from forfeiting such lease for non-payment of 

 dues, and may enforce payment of su?h dues in a manner hereinafter provided. 



9. The lessee who faithfully carries out the above conditions shall have the 

 refusal of the same limits, if not required for settlement, for "a further term not 

 exceeding twenty -one years, on payment of the same amount of bonus per square 

 mile as was paid originally, and on such lessee agreeing to such conditions and to 

 pay such other rates as may be determined on for such second term. 



It was further provided that any ground rent, royalty, or other dues to the 

 Crown not paid when falling due, should bear interest at six per cent, until paid. 

 and be a lien on any timber cut within the limits. After three months' neglect, 

 the Crown timber agent might seize so much of the timber cut as would be 

 necessary to pay the claim and expenses, and sell the same at public auction, 

 paying over to the lessee or owner of the timber any balance left after paying 



> claims and costs. 



In case the payment of the Crown dues was evaded by removal of the 

 timber or products out of Canada, or otherwise, the amount due might he charged 

 upon any other timber cut on Dominion lands by the same lessee or by his 

 authority, or the claim might be recovered by action at law, in the name of the 

 secretary of State, or his resident agent, in any court having jurisdiction in civil 

 cases to the amount claimed. 



The secretary of State was empowered to take bonds or promissory notes 

 for any money due to the Crown, interest and costs, or for double the amount of 

 all dues, fines and penalties, and costs, incurred or to be incurred, and he might 

 then release any timber upon which the same would be leviable, whether under 

 seizure or not; but the taking of such bonds was not to affect the lien and right 

 of the Crown to enforce payment of such money on any other timber cut on the 

 same limit, if the sums for which such bonds or notes were given should not be 

 paid when due. 



The penalties imposed for cutting timber without authority were forfeiture 

 of the timber cut, and a fine not exceeding -.5 : J for every tree cut or earned av;iy : 

 with costs. In :-uch cases the burden' of proof of authority to cut arid take the 

 timber was to be upon the party charge'!, and the averment of the party seizing 

 or prosecuting that he is duly employed under this Act was to lie sufficient proof 

 thereof, unless the defendent proved to the contrary. 



Upon information, supported by affidavit, that timber had been cut without 

 authority on Dominion lands, and describing where the same can be found, or 

 upon information to a Crown officer or agent as to sm-h cutting without authority. 

 the officer or a^ent was authorized to seize the timber and place it under custody 

 until a decision coul I be had by competent authority. 



13 (F) 



