1907 DEPARTMENT OF LANDS, FORESTS AND MINES. 167 



son so convicted- and one-half of such fines and penalties shall be paid to 

 the prosecutor, and the other half shall be paid into the hands of His 

 Majesty's Eeceiver General of this Province, to be applied to the public 

 uses thereof; and the same shall be accounted for to His Majesty, his Heirs 

 and Successors, through the Lords Commissioners of His Majesty's Treasury, 

 in such manner and form as His Majesty, his heirs and successors shall 

 direct. 



12. And be it further enacted by the authority aforesaid, that if any 

 suit be brought against any person for anything done or executed, by virtue 

 of and in pursuance of this Act, such suit shall be commenced within three 

 months after the matter or thing done, and not afterwards ; and the defendant 

 or defendants may plead the general issue, and give this Act and the spe- 

 cial matter in evidence, on any trial to be had thereon, and that the same 

 was done in pursuance of and under the authority of this Act, and if judg- 

 ment shall be given for the defendant or defendants, or the plaintiff or 

 plaintiffs shall become non-suited, or shall discontinue his, her or their 

 prosecution, after the defendant or defendants shall have appeared, then 

 such defendant or defendants may and shall recover treble costs, and have 

 the like remedy for the same as any defendant or defendants hath or have 

 to recover costs in cases at law. 



13. And be it further enacted, by the authority aforesaid, that this Act 

 shall continue and be in force until the first of January, one thousand eight 

 hundred and eight, and from thence to the end of the then next session of 

 the Provincial Parliament and no longer." 



In 1808 the Act, having been found beneficial in its effects, was made 

 j>erpetual with some amendments. Scows were exempted from its opera- 

 tions and those in charge of such vessels allowed to make their own arrange- 

 ments with licensed pilots in place of being subject to a fixed tariff of fees. 



Timber Returns. 



Persons in charge of rafts or cribs of timber were authorized to employ 

 such licensed pilots as they saw fit, the latter, in case of refusal or neglect 

 of duty, being liable to the same penalties as though engaged by the Inspec- 

 tor or Measurer. The Inspector's duties were somewhat extended and he was 

 required to make an annual return to the Commissioner of Inland Navigation 

 of the number and as far as possible the contents of the scows, rafts and cribs 

 passing during the season. 



Improvemerit Tax. 



By another Act passed the same year entitled "An Act to provide a 

 permanent Fund for the Improvement of the Inland Navigation of the 

 River St. Lawrence," rates were levied upon all scows, rafts and cribs pass- 

 ing through the rapids between Chateauguay and Montreal, to be paid to 

 the Inspector of scows and rafts at Chateauguay and applied to the improve- 

 ment of inland navigation. The rates were as follows: Every scow, fif- 

 teen shillings; every crib containing lumber, 7 shillings and sixpence. A 

 more important measure as affecting the timber industry, also adopted in 

 1808, was the "Act for the better Eegulation of the Lumber Trade." "Where- 

 as," it begins, "lumber is become an article of importance in the export 

 trade of this Province, and it would tend to increase its growing reputation 

 to the great advantage of trade, if the quality and measurement thereof 

 were properly ascertained." It was provided that no lumber of the descrip- 

 tion specified in the Act should be exported until it had been culled, 



12 L. M. 



