194 



If timber, cut without authority, has been made up with other timber into 

 ;i crib, dram, or raft, or in any other manner mixed up with other timber, so that 

 it cannot be identified, the whole of the timber so mixed is to be liable to seizure 

 and forfeiture until satisfactorily separated by the holder. Timber held under 

 seizure may be released upon sufficient security for the payment of its full value 

 or of double the amount of all dues, fines, penalties, and costs, incurred or imposed' 

 thereon. 



The penalties for resisting seizure, or removing timber after it was seized, 

 were prescribed and proceedings therein specified. N"o sale or grant of Dominion 

 lands wa.s to give any title to any slide, dam, pier, or boom, previously erected 

 upon it, unless expressly mentioned in letters patent, or other instrument estab- 

 lishing such sale or grant. The free use of such works was not to be interrupted, 

 and the right of passing and repassing on either side, whenever necessary for use, 

 and at portages, was reserved. 



The Dominion Lands Act makes provision for military bounties, homestead 

 entries, leases for grazing, and hay-cutting, mining, etc., and for direct sales of 

 land. 



(6) Crown lands of Ontario. The timber Act now in force was passed in 

 1860, and is found as Chapter 28 of the Revised Statutes of Ontario, 1887. It is 

 as follows : 



(1) AN ACT RESPECTING TIMBER IN PUBLIC LANDS. 



Her Majesty, by and with the advice and consent of the Legislative Assembly 

 of the Province of Ontario, enacts as follows : 



1. (1) The commissioner of Crown lands, or any officer or agent under him 

 authorized to that effect, may grant licenses to cut timber on the ungranted lands 

 of the Crown, at such rates, and subject to such conditions, regulations and 

 restrictions as may from time to time be established by the Lieutenant-Governor- 

 in-Council, and of which notice may be given in the Ontario Gazette. 



(2) No license shall be so granted for a longer period than twelve months 

 from the elate thereof ; and if, in consequence of incorrectness of survey, or 

 other error, or cau.se whatsoever, a license is found to comprise lands included in 

 a license of a prior date, the license last granted shall be void in so far as it inter- 

 feres with the one previously issued, and the holder or proprietor of the license 

 so rendered void shall have no claim upon the Government for indemnity or 

 compensation by reason of such avoidance. 



2. The licenses shall describe the lands upon which the timber may be 

 cut, and shall confer, for the time being, on the nominee the right to take and 

 keep exclusive possession of the lands so described, subject to such regulations and 

 restrictions as may be established : And the licenst-s shall vest in the holders 

 thereof all rights of property whatsoever in all trees, timber, and lumber, cut 

 within the limits of the license during the term thereof, whether the trees, 

 timber, and lumber, are cut by authority of the holder of the license, or by any 

 other person, with or without his consent ; and the licenses shall entitle the 

 holders thereof to seize in revendication 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 trespassers, 

 and to prosecute all trespassers and other offenders to punishment, and to recover 

 damages, if any ; and ail proceedings pending at the expiration of any license 

 may be continued to final determination, as if the license had not expired. 



