grant, lease or license, shall relate back tothe date of the one so cancelled, and be of the same effect as if issued at the date of such cancelled grant, lease or license.

81. When any grantee, lessee, or licensee, or other person, refuses or neglects to deliver up possession of any land after forfeiture of the same under the provisions of this Chapter, or whenever any person is wrongfully in possession of Crown land, or having lawfully entered into possession or occupation thereof, has in any way forfeited his right to such possession or occupancy, and refuses to vacate or abandon possession of the same, the Minister of Agriculture and Mines may apply to a Judge of the Supreme Court for an order, and the said Judge, upon proof to his satisfaction that such land was so forfeited and should properly revert to the Crown, or that such person is wrongfully in possession of Crown lands, shall grant an order upon the grantee, lessee, or licensee, or person or persons in possession, to deliver up the same to the Minister of Agriculture and Mines, or person by him authorized to receive such possession; and such order shall have the same force as a writ of habere facias possessionem, and the Sheriff shall execute the same in like manner as he would execute the said writ.

82. For the purpose of any proceeding at law by way of trespass or ejectment by any person holding or entitled to any mines, minerals, timber, bog, quarry or quarry rights, under any grant, lease or license from the Crown (or as assignee of any such grant, lease or license) he shall be held to have an interest in the land described in such grant, lease or license wherein or whereon such mines, minerals, timber, bog or quarry shall be.

GENERAL.

83. No grant, lease or license, whether styled in this Chapter a free grant, lease or license, or otherwise, shall issue but on the payment of the sum of not less than one dollar for the document of title, which sum shall be paid in stamps affixed to the document. All other fees, prices or rentals, shall be paid in cash.

84. No grant or lease shall issue to any person, in respect of which any price or rental is payable under this Chapter, until such price or rental be paid in full.

85. The Governor in Council shall prescribe rules and regulations as to the forms and modes of application for licenses, leases and

grants, and generally for the purpose of carrying out this Chapter, and for the management and conduct of business in the Department of the Minister of Agriculture and Mines, and may, from time to time, repeal, amend or alter such rules and regulations, and the same shall come into operation after one month's previous publication in the Royal Gazette, and two other newspapers in this Colony, and shall be as binding after such publication as if herein enacted.

86. All applications, whether for the licenses of occupation, or for leases or grants, shall be by petition to the Governor in Council.

1

(1) All petitions for grants under this Chapter, issuable upon the performance of any conditions, shall be accompanied by an affidavit showing how such conditions have been performed, which affidavit shall be made before a Justice of the Peace or Commissioner of Affidavits.

(2) All applications for licenses of occupation and for leases and grants, under this Chapter, shall be filed, with all accompanying papers, in the office of the Minister of Agriculture and Mines. A proper record shall be kept of such applications and of the date of their being received at the department.

(3) Duplicates of all licenses of occupation, and of all leases, shall be kept and recorded in the office of the Minister of Agriculture and Mines. All such records shall be open to the inspection of the public at reasonable hours, on payment of a fee of twenty cents for each search.

87. The Minister of Agriculture and Mines shall every year furnish to the Governor, for the purpose of being laid before the Legislature, a detailed return of licenses, leases and grants, of all mineral, agricultural, timber and other lands, and of all water rights, issued within the year ending the last day of June then last past, of all money received for the same, the names of the licensees, lessees and grantees, with the date of and expenses incurred in and about the same.

88. Any surveyor, when engaged in the performance of his duties as such, may pass over, measure along and ascertain the bearings of any section line or any government line, and for such purposes may pass over the land of any person whomsoever, doing no actual damage to the pro

89. Any person who shall interrupt, molest or hinder a surveyor while in the discharge of his duties, or shall knowingly or wilfully pull down, deface, alter, or remove any mound, post or monument erected, planted or placed in any survey under the provisions of this Chapter or under the authority of any order in Council, shall, on conviction in a summary manner before a Stipendiary Magistrate, be liable to punishment by fine not exceeding twenty-five dollars or imprisonment for a period not exceeding three months, without prejudice to any civil remedy which any surveyor or any other party may have against the offender.

90. All mineral leases issued for a period of nine hundred and ninety-nine years under the provisions of Chapter 47 of the Consolidated Statutes (1872), entitled "Of Mines and Minerals," are hereby declared to be good, valid and subsisting, notwithstanding any provision in any Act to the contrary: provided that the lessees thereof and persons claiming through or under them have done nothing whereby the same shall have been rendered void or liable to forfeiture.

91. Nothing in this Chapter contained, except as herein set forth, shall be construed to affect the rights of persons holding grants, leases or licenses issued before the passing of this Chapter. Such grants, leases and licenses and rights thereunder shall continue in full force and effect as if this Chapter had not been passed, but shall be subject to all the provisions and conditions in this Chapter contained.

SCHEDULE.

TO FIND BOARD MEASURE OF LOG.

Multiply diameter at top in inches by half the diameter in inches, and the product by the length of the log in feet. Divide by twelve. The result will be board measurement in feet.

CHAPTER 130.

Of Crown Grants, the Subject of Proceedings by Petition in the Supreme Court.

SECTION

1.-Expenditure of moneys and performance of covenants dispensed with while grants are the subject of proceeding in Supreme Court.

SECTION

2. Substituted grants may be issued if judgment so requires.

1. Whenever under the provisions of Section 158 of Chapter 83 of these Consolidated Statutes, entitled "Of the Supreme Court and Procedure therein," any person shall prefer a petition to the Supreme Court for or on account of any of the matters in the said section referred to against the grantee of any Crown grant or his assigns, such grantee or his assigns shall not be compelled to expend any sum of money upon the lands affected by such Crown grant from the date of the service of such petition to the date of final judgment in proceedings thereunder, and such grantee or his assigns shall not be subject to any of the conditions or covenants of the said Crown grant during the said period, and such Crown grant shall not become forfeited or be otherwise affected by the non-expenditure of money or the non-performance of the conditions or covenants during the said period.

2. If, in the proceedings under such petition, final judgment be pronounced that any party or parties to the said proceedings is ог are entitled to such Crown grant, the Governor in Council may, on the application of such party or parties issue or cause to be issued a new Crown grant to him or them in substitution of the former Crown grant for such term not exceeding the full term granted by said Crown grant as to the Governor in Council shall seem just. The said new Crown grant shall be of like form to the former Crown grant, and may be issued under the provisions of the Act of the Legislature under which the former Crown grant was issued, notwithstanding that the said Act of the Legislature may have been amended or repealed.

1. In this Chapter and in any special rules made under the provisions thereof, unless the context otherwise requires,—

(1) "Mine" includes every shaft in the course of being sunk, and every level and inclined plane in the course of being driven for commencing or opening any such mine, or for searching for or proving minerals, and all the shafts, levels, planes, works, machinery, tramways, railways and sidings, both below ground and above ground, in and adjacent to a mine, and any such shaft, level and inclined plane of and belonging to the mine;

(2) "Shaft" includes pit and slope;

(3) "Inclined plane" includes slope;

(4) "Plan" includes a map and section or sections and a correct