« FöregåendeFortsätt »
apply therefor has been published in the Royal Gazette for a period of one month prior to such application. The said notice shall contain the name and address of the applicant and with as much certainty as possible shall describe the location and boundaries of the land applied for, (naming the Electoral District in which same is situated), and its approximate area.
28. All licenses shall be issued subject to the following conditions: (1) The licensee to erect a saw mill or mills or a factory or factories for the manufacture of paper or paper pulp upon or in connection with the limit described in such license and subject to any special conditions which may be agreed upon and stated in the license, such saw mill or mills to be of the capacity to cut at the rate of one thousand feet board measure in twenty-four hours for every ten square miles comprised in the license, or to establish such other manufactory of wood goods as may be agreed upon as the equivalent of such mill or mills, the licensee to commence and complete the erection of the saw mill or mills or manufactory of wood goods within such period as shall be determined by the Governor in Council and set forth in the license or to expend in the erection and equipment of a factory or factories for the manufacture of paper or paper pulp such sum as shall be prescribed and within such period as shall be limited and stated in such license, and further, to work said limit in a bona fide manner and operate said mills or factories during each succeeding year of the term of the license; provided that the licensee may, with the consent of the Governor in Council, manufacture a greater or less quantity of timber in any year than the quantity specified.
(2) To take from every tree he cuts down all the timber fit for use, and manufacture the same into sawn lumber or such other saleable products as may be provided in the license or by any regulations made under this Chapter.
(3) To prevent all unnecessary destruction of growing timber on the part of his men, and to exercise strict and constant supervision to prevent the origin and spread of fires and to preserve the growth of young timber trees.
(4) To make returns to the Government annually on oath, on or before the 30th of November in each and every year of (a) the total quantity of timber cut between the 1st day of July
and the 30th day of June then last past which is liable to the payment of royalty, and (b) of all timber cut for the manufacture of paper or paper pulp, also to make returns annually or at such other periods as may be required by the Governor in Council, or by regulations under this Chapter, sworn to by him or by his agent or employee, cognizant of the fact, of the quantity of sawn lumber, timber, railway car stuff, ship timber and knees, shingles, laths, cordwood or bark, or any other product of timber sold or disposed of by him during such year or other period and the price or value thereof, the licensee to be liable to a fine of fifty dollars if the returns aforesaid be not filed in the Department of Agriculture and Mines within thirty days from the date on which they are required to be filed as aforesaid. (5) To pay in addition to the said bonus an annual ground rent of two dollars per square mile, such rent to commence and be computed from the date of the approval of the application by the Governor in Council and to be paid in advance, the first year's rental within thirty days of such approval and to be paid on the total area applied for and approved and that for subsequent years on the area surveyed and described in the license, on the thirtieth day of November; and, further, a royalty in all cases, except on lands in Labrador, at the rate of fifty cents per thousand feet, board measure, for all trees cut down; and in Labrador at the rate of twenty-five cents per thousand feet board measure for all trees cut down: Provided that no royalty is to be payable on timber or trees manufactured into paper or paper pulp.
(6) To keep correct books of such kind and in such form as may be provided by his license, or by regulations under this Chapter, and to submit the same for the inspection of the Minister of Agriculture and Mines, or a person authorized by him, whenever required, for the purpose of verifying his returns aforesaid.
(7) The license shall describe the land on which the timber may be cut, and shall vest in the licensee during its continuance the right to take and keep exclusive possession of the land so described, subject to the conditions herein provided or referred to; and such license shall vest in the holder thereof all right of property whatsoever in all trees and timber cut within the limit of the license during the continuance there
of, whether such trees be cut by the authority of the holder of such license or by any other person with or without his consent; such license shall entitle the licensee to seize as his property, such timber where the same is found in the possession of any unauthorized person, and also to bring any actions or suits at law against any party unlawfully in possession of any such timber, or of any land included in such license, and to prosecute all trespassers thereon, and other such offenders as aforesaid, to conviction and punishment, and to recover damages, if any, and all proceedings pending at the expiration of any such license may be continued and completed as if the license had not expired; provided that such license shall be subject to the right of the Governor in Council to grant any of the said land, exclusive of the trees or timber thereon, and to grant any of the said land absolutely, after the timber has been cut therefrom, for the purpose of agriculture or for mining, and to deal with the same fully and effectively for such purposes; and provided also, that nothing in the said license shall be construed to prevent or debar any person in this Colony from cutting or using any trees or timber on such lands for the bona fide purposes of the fisheries, for building vessels, for masts, for poles for erecting flakes, for fencing and for firewood, and for such like purposes; provided further that any person or persons may, at all times make and use roads upon and travel over the ground so licensed; and that the said license shall not be so construed as to prevent any person or persons from taking from the ground covered by the said license, standing timber of any kind (without compensation therefor) to be used for the making of roads, bridges, or public works, by or on behalf of the Government of Newfoundland, the authority of the Minister of Agriculture and Mines having been first obtained; and that persons settling under lawful authority or title on the land so licensed, shall not in any way be molested or interrupted in clearing and cultivation by the licensee or any person for or on his behalf.
(8) The licensee shall be liable to forfeiture for the non-payment of rent or royalties; and for the infraction of any of the other conditions to which the said license is subject, the licensee and his assigns shall be liable to a penalty of not more than
ten thousand dollars, and a penalty of not more than one hundred dollars for every day any such infraction continues. The said penalty may be recovered by suit in the name of the Minister of Agriculture and Mines, and shall be a first charge on any and all property that may be upon the land
29. The Governor in Council may, after the notice provided in section 27 of this Chapter, grant to the proprietors of the mill of the capacity required by sub-section (1) of section 28 of this Chapter, a license to cut timber upon another limit for the period in the said section provided, without the condition on the part of the licensee to erect a mill or mills in connection with his limit, but subject to all other conditions as herein provided.
30. The Governor in Council may grant to any person being the holder of a license to cut timber under the provisions of Section 28 of this Chapter, in addition and without prejudice to any rights enjoyed under such license, a right to cut timber upon the limits comprised in such license for the purpose of the manufacture of pulp, without the payment of or being liable for any payment in respect of any royalty for any trees cut down for such purpose: and also, upon being satisfied that the holder of such license has expended the sum of twenty thousand dollars in and upon the erection of a factory for the manufacture of pulp, may relieve the holder of such license of the obligation of erecting and continuing the working of the mill provided in sub-section (1) of Section 28. Provided that every such holder of a license shall quarterly make returns to the Governor in Council, showing the quantity of lumber so manufactured into pulp and the quantity sold, and the value thereof. And any person holding a license under the provisions of the said section may surrender same and obtain a new license in lieu thereof, including the rights provided for in this section.
31. Any ground rent, royalty, or other dues to the Crown on timber cut within any limit, which are not paid at the time when they become due and payable, shall bear interest at the rate of six per cent. per annum, until paid, and shall be a lien upon any timber cut within such limits; and whenever the ground rent on any limit or any royalty or other dues to the Crown on any timber are unpaid the Minister of Agriculture and Mines may seize so much of the timber cut on such limit and in possession of the licensee or on his premises, whether sold or unsold, as will, in his opinion, be sufficient to secure the payment of such rent, royalty and other dues, and all interest and expenses of seizure and sale,
and may detain the same as security for the payment thereof; and if such payment be not made within three months of such seizure, the Minister of Agriculture and Mines may sell such timber by public auction, and after deducting the sum due to the Crown the interest thereon and expenses aforesaid, he shall pay over the balance, if any, to the lessee or owner of the timber.
32. All timber cut under license shall be liable for the payment of Crown dues thereon wheresoever the said timber or any part of it may be found, whether it be or be not manufactured into deal, boards or any other products.
33. (1) No license or grant of any Crown land shall give or convey any right or title to any slide, dam, pier or boom or other work for the purpose of facilitating the descent of timber or saw logs, previously constructed on such land, or in any stream passing through or along such land, unless it is expressly mentioned in the license or grant that such slide, dam, pier or boom or other work, is intended to be thereby granted.
(2) The free use of slides, dams, piers, booms or other works on streams to facilitate the descent of lumber and saw logs, and the right of access thereto for the purpose of using the same and keeping them in repair, shall not in any way be interrupted or obstructed by or in virtue of any license or grant of Crown land made subsequent to the construction of such work.
34. The free use, for the floating of saw logs and other timber, rafts and draws, of all streams and lakes, that may be necessary for the descent of timber, and the right of access to such streams and lakes, and the passing and repassing on and along the land on either side thereof, whenever necessary for such use thereof, and over all existing and necessary portage roads past any rapids or falls, or connecting such streams or lakes and over such roads, other than road allowances, as owing to natural obstacles may be necessary for the taking out of timber or saw logs from lands, and the right of constructing slides where necessary, shall continue uninterrupted and shall not be affected or obstructed by or in virtue of any license or grant of such lands, or by or in virtue of any license to cut timber held by one person as against any other person holding a license for the same purpose.
35. It shall be lawful for the Governor in Council upon being sat