1907 DEPARTMENT OF LANDS, FORESTS AND MINES. 255 



made of the settler's rights in the timber growing upon his land. In 1853 

 further legislation extended the area of lots under the free grant system to 

 100 acres, and among the provisions of the Act was one authorizing the Com- 

 missioner of Crown Lands to issue licenses of occupation to those intending 

 to purchase and settle on public lands, giving them the right to occupy 

 and maintain possession against trespassers as fully as they could do under 

 patent. There is no reference in this Act to the right to cut timber, or any 

 definition of the respective interests of the settler and lumberman. "An 

 Act respecting the Sale and Management of Public Lands," adopted in 

 I860, however, contained the following substitute clause in regard to 

 licenses of occupation: — 



License of Occupation, 



"The Commissioner of Crown Lands may issue under his hand and seal, 

 to any person who has purchased or may purchase, or is permitted to occupy 

 or who has been entrusted with the care or protection of any public land 

 or who has received or been located on any public land as a free grant, an 

 instrument in the form of a License of Occupation, and such person or the 

 assignee, by an instrument registered under this or any former Act pro- 

 viding for registration in such cases, may take possession of and occupy the 

 land therein comprised, subject to the conditions of such license and may 

 thereunder, unless the same shall have been revoked or cancelled, main- 

 tain suits in law or equity against any wrongdoer or trespasser, as effec- 

 tually as he could do under a patent from the Crown; and such License of 

 Occupation shall be prima facie evidence for the purpose of possession by 

 such person, or the assignee under an instrument registered as aforesaid in 

 any such suit; but the same shall have no force against a License to cut 

 timber existing at the time of the granting thereof." 



This is the first enactment bearing on the respective claims of the 

 license holder and the settler, and clearly determined to question so far 

 at all events as the position of the latter was concerned prior to the issue of 

 his patent. It was followed up by an Order-in-Council dated May 27, 1869, 

 which defined the rights of the parties somewhat more closely as follows : — 



Settler's Right to Cut Timber. 



"All Pine Trees growing on or being upon any Public Land hereafter 

 to be sold, and which at the time of such sale, or previously, was included 

 '^ v^7 Timber License, shall be considered as reserved from such sale, and 

 such land shall be subject to any Timber License, covering or including such 

 land, in force at the time of sale; and such trees may be cut and removed 

 from such land, under the authority of any such Timber License, while law- 

 fully m force, but the purchaser at such sale or those claiming under him or 

 her, may cut and use such trees as may be necessary for the purpose of build- 

 ing, fencing, and fuel on the land so purchased, and may also cut and dis- 

 pose of all trees required to be removed in actually clearing said land for 

 cultivation, but no pine trees except for the necessary building fencing and 

 fuel as aforesaid shall be cut beyond the limit of such actual clearing before 

 the issuing of the patent for such land, and all pine trees so cut and dis- 

 posed of (except for the necessary building, fencing and fuel as aforesaid) 

 shall be subject to the payment of the same dues as are at the time payable 

 by the holders of licenses to cut timber or saw logs. • 



"All trees remaining on the land at the time the Patent issues shaU 

 pass to the Patentee. 



