1907 DEPARTMENT OF LANDS, FORESTS AND MINES. 227 



Regulations Subject to Change. 



From the very outset the settled policy of the Crown in dealing with 

 the holders of the timber licenses has been to maintain unimpaired the right 

 of Government to vary at will the terms upon which the limits were held 

 from year to year, the claim of the licensee extending no further than the 

 working of his limit under whatever regulations might be imposed. The 

 continuous enjoyment of any franchise or privilege has always the tendency 

 to create a vested right, unless the interests of the public are jealously safe- 

 guarded against such an implication, and it is fortunate that the position 

 taken by Canadian administrations on this question has been sufficiently 

 clear and positive to prevent the conditional usufruct of the lumberman 

 gradually lapsing into practical ownership. 



Up to this time there had been no regular official reports for the inform- 

 ation of Parliament and the country as to the operations of the Crown Lands 

 Department, details as to the proceedings of this very important branch of 

 the public service being principally obtained in the form of special returns. 

 On the 5th of May, 1856, on motion of Hon. A. T. Gait, the House of Com- 

 mons adopted the following resolution : 



Annual Reports. 



"Resolved, that it is the opinion of this House, that the Commissioner 

 of Crown Lands should submit to this House an annual report upon the 

 Department of Public Lands, made up to the 31st of December of each 

 year; to be presented on the 15th of February following if the House be 

 ihen in session or at the meeting of Parliament succeeding." 



From the first annual report of the Commissioner- issued in accordance 

 with this resolution, for the year 1857, it appears that an Order-in-Council 

 adopted in that year effected a change in the system of collecting ground 

 rents, postponing the payment until the 30th of April. 



The subject of the adequate protection of timber growing on private 

 lands froni spoliation or damage engaged the attention of Parliament dur- 

 ing the session of 1860, resulting in the passage of "an Act for the further 

 protection of growing timber," the main clauses of which are as follows: 



Protection of Timber. 



1. "If any person steals or cuts, breaks, roots up, or otherwise destroys, 

 or damages, with intent to steal or unlawfully carry away, or procures any 

 person or persons to steal or to cut, break, root up, or otherwise destroy or 

 damage with intent to steal or unlawfully carry away, any tree or sapling, 

 standing, growing or being on the lands of any other, the injury done to 

 such other person thereby being in amount more than ten dollars, every 

 such offender being convicted thereof shall be guilty of a misdemeanor, and 

 shall be punished at the discretion of the Court by fine, not exceeding the 

 sum of one hundred dollars, or by imprisonment in any common gaol for a 

 term not exceeding six months, or by both; and the said fine or any portion 

 thereof, the Court may in its discretion award to the person injured. 



2. "If any person receives or purchases any tree or sapling, trees or 

 saplings, or any timber made therefrom, exceeding in value the sum of 

 ten dollars, knowing the same to have been stolen, or unlawfully cut or 

 carried away, such receiver or purchaser shall be guilty of a misdemeanor, 

 and may be indicted and convicted thereof; whether the prncipal offender 



