1907 DEPARTMENT OF LANDS, FORESTS AND MINES. 161 



serving the timber. A case arising out of a dilemma of this sort in 1722 is 

 on record, when Michael Laliberte, habitant of Isles Bouchard, appealed to 

 the Ijovernor against his feudal superior, Sieur Desjordy. Laliberte in ex- 

 tending his clearing cut down some oa.ks, and instead of following what 

 appears to have been the usual practice of burning them on the land, had 

 them sawn into boards. This the Seignior claimed that he had no right to 

 dc under his title deed, whereby oaks were expressly reserved, and by way 

 of penalty confiscated «36 minots of wheat due to Laliberte under an agree- 

 ment whereby the latter was cultivating land of Desjordy's on shares. The 

 Governor decided that as the reservation of oaks in the deed to Laliberte was 

 made in consequence of a clause in the original deed of the Seigniory oblig- 

 ing the proprietor to cause his tenants to reserve the oak timber for the 

 royal navy, the timber could not in any case belong to the Seignior; fur- 

 thermore, that as it was desirable that the land should be improved, which 

 could not be done without cutting down the trees it was for the public 

 benefit that valuable timber so cut down should be made into boards or 

 cordwood, rather than burned on the spot, as the money so realized would 

 help the inhabitants to establish themselves. Accordingly Sieur Desjordy 

 was prohibited from further troubling his tenants when getting out and 

 disposing of oak timber in future in the process of extending their clearings. 

 In cases where the party cut the timber down solely to sell it without after- 

 wards clearing the land, he was permitted to seize the timber and bring 

 the case before the Governor. It appears from this decision that even at 

 that comparatively early date the powers of a Seignior, however extensive 

 in theory, were nevertheless in course of being very considerably modified 

 in practice. 



Trespass. 



Complaints as to the trespasses made by the habitants in cutting wood 

 upon ungranted lands or property not belonging to them were of frequent 

 occurrence, and numerous ordinances were issued from time to time in pro- 

 hibition of the practice. The following ordinance indicates the difficulties 

 experienced by the authorities at an early date in dealing with such cases : 



"Upon the complaints which have been made to us by many inhabitants 

 of this city, proprietors of the lands of Cote Saint Jean and neighborhood, 

 that some individuals away from the said lands cut down and carrv away, 

 daily, wood for burning, against and in spite of the prohibitions which have 

 been made by many ordinances heretofore given, by which it is forbidden as 

 well to the said inhabitants of this city as to those of the said quarter, to 

 cut down or take away any wood upon the lands of the other inhabitants on 

 penalty of fifty livres fine, and of confiscation of the trucks and horses which 

 shall be found laden with the said wood, which it is necessary to consider 

 in reiterating the said prohibitions. " 



"We most expressly prohibit and forbid all persons to cut down or 

 carry away any wood on the lands of which they are not proprietors, without 

 previously having obtained the permission of those to whom they belong, 

 on penalty against each of those contravening of fifty livres fine, and of 

 confiscation of the trucks and horses which shall have served to transport 

 the said wood, the said confiscation and fine to be applicable half to the 

 proprietor of the lands upon which the wood shall be taken and the other 

 half to the Hotel Dieu of this City. 



"And the present ordinance shall be read, published and affixed at the 

 close of the grand mass of this said city, and of that of the parish of Notre 



11 L. M. 



