268 REPORT OF THE No. 3 



of examiners as competent to perform the duties of culler. After the 

 passing of the act no person other than a licensed culler was to make measure- 

 ment of saw logs cut on Crown Lands for the purposes of a return to the 

 Crown Lands Department unless in cases where the services of a licensed 

 culler were not procurable, when the Commissioner of Crown Lands was 

 authorizedl to issue a temporary permit, to any trustworthy and skilled 

 person to act as culler. The duties of cullers were thus defined by the 

 Act: 



"It shall be the duty of every culler to measure fairly and correctly 

 to the best of his skill, knowledge and ability, all saw-logs which he may be 

 employed to measure, making only such deductions as are necessary to allow 

 for the rots or other defects, and to enter in his book of record, for the pur- 

 pose of return to the Crown Lands Department, what he believes to be the 

 proper contents of the log, noting also the number of saw logs rejected as 

 worthless, commonly called culls. 



''Upon all logs culled or rejected as wholly worthless he shall write the 

 word "cull" in plain letters, but he shall not mark "cull" upon any log 

 which is intended to be hauled to ,any river, lake or stream for the purpose of 

 being driven to a mill." 



All licensed cullers were required to submit their books and records of 

 measurement for the inspection of Crown Lands agents or other officials of 

 the Department when called upon to do so, to- give all information asked for 

 if in their power, and furnish statements as required by the Department or 

 its agents. At the end of the season every culler was required to make a 

 sworn statement to the Department, showing the number of pieces measured 

 and accepted and their dimensions, and also the number of pieces rejected 

 as worthless. The penalty for neglect or refusal to carry out the provisions 

 of the act was cancellation of the culler's license. Improper measurements 

 or the making of false returns were similarly punishable with an additional 

 penalty of a fine of not less than f20 or more than |100. The section for- 

 bidding unlicensed persons to make measurements of saw logs for the pur- 

 poses of returns to the Crown Lands Department were not applicable to the 

 operations of any lumber company, person or firm whose gross annual out- 

 put was under 250,000 feet, board measure. 



The Act was brought into force on January 1st, 1891, by a proclama- 

 tion by the Lieutenant-Governor in Council. 



WOODMAN'S LIEN FOE WAGES. 



By "The Woodman's Lien for Wages Act," enacted at the session of 

 1891, laborers engaged in lumbering in some districts were accorded similar 

 rights to those extended to mechanics by existing legislation, by giving them 

 a lien on the produce of their labor for the amount due as wages. The 3rd 

 section of this measure provides that : 



"Any person performing any labor, service or services in connection 

 with any logs or timber in the districts of Algoma, Thunder Bay and Rainy 

 River, shall have a lien thereon for the amount due for such labor, service 

 or services, and the same shall be deemed a first lien or charge on such 

 logs or timber, and shall have precedence of all other claims or liens thereon, 

 except any lien or claim which the Crown may have upon such logs or tim- 

 ber for or in respect of any dues or charges, or which any timber slide com- 

 pany or owner of slides and booms may have thereon for or in respect of 

 tolls." ^ . 



^ The Act provides for the issue of an attachment, on an affidavit by the 

 claimant that he has good reason to believe that the logs or timber are 



