1907 DEPARTMENT OF LANDS, FORESTS AND MINES. 203 



I'respass. 



7. And be it enacted, Tliat euch and every person who without corn* 

 petent authority shall cut, or who may employ or induce any other person 

 or persons to cut, or who shall assist in cutting any timber of any kind what- 

 soever, on any of the Crown, Clergy, School or other Public Lands of the 

 Province, or who shall remove or carry away any Merchantable timber 

 of any kind so cut from any of the Public Lands aforesaid, shall not acquire 

 any right to the timber so cut, or claim to any remuneration for cutting, 

 or preparing the same for market, or for conveying the same to or towards 

 the market, but he shall in addition to the loss of his labor and disburse- 

 ments, forfeit a sum of fifteen shillings for each and every tree, rafting 

 stuff excepted, which shall be proved he cut or caused to be cut or carried 

 away, which shall be recoverable wdth costs, at the suit, and 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; and that in all 

 cases under this Act, it shall be incumbent on the party charged to prove 

 license or authority to cut and the averment of the party seizing or prose- 

 cuting that he is duly employed under the authority of this Act, shall be 

 deemed sufficient proof thereof, unless the defendant shall prove to the con- 

 trary; provided always that the penalty of fifteen shillings per tree shall 

 only be recoverable when the timber or saw logs made have been removed 

 out of the reach of the officers of the Crown Lands Department or it shall 

 otherwise be found impossible to seize the same. 



8. And be it enacted, That whenever satisfactory information supported 

 by the affidavit of one or more persons, made before a Justice of the Peace 

 or before any other competent party, shall be received by the Commissioner 

 of Crown Lands or any other officer or agent of the Crown Lands Depart- 

 ment, that any timber or quantity of iimber has been cut without authority 

 on Crown. Clergy, School, or other Public Lands and describing where the 

 said timber may be found, it shall and may be lawful for the said Commis- 

 sioner, officer or agent, or any one of them, to seize, or cause to be seized, 

 in Her Majesty's name, the timber so reported to be cut without authority, 

 wherever it may be found within the limits of the Province, and to secure 

 and place the same under proper custody, until such time as a decision can 

 be had in the matter from competent authority ; Provided always that where- 

 over the timber so reported to have been cut without authority on the public 

 Lands aforesaid, without license, has been made up with other timber into 

 a crib, dam or raft, or in any other manner has been so mixed up at the 

 mills or elsewhere, as to render it impossible or very difficult to distinguish 

 the timber so cut on the lands aforesaid without license, from other timber 

 with which it may be mixed up, the whole of the said timber shall be held 

 as having been cut without authority on Public Lands, and be liable to 

 sei^urie and forfeiture accordingly until satisfactorily separated by the 

 holder. 



9. And be it enacted, That it shall and may be lawful for any such 

 officer in the discharge of his duty to call in such lawful aid and assistance 

 in the name of the Queen as may be necessary for securing and protecting 

 the timber so seized : and if any person or persons whatsoever, shall, under 

 any pretence, either by actual assault, force or violence, or by threat of 

 such assault, force or violence, in any way resist, oppose, molest or obstruct 

 any officer, or person acting in his aid or assistance, in the discharge of his 

 or their duty, under the authority of this Act, such person or persons being 

 convicted thereof shall be adjudged guilty of felony and shall be punish- 

 able accordingly. 



