transfer. 1279. Transfers so registered shall take effect from the Effect of date of their registration, as against others that have not registered been registered, or which have subsequently been presented for registration. 45 V., c. 10, s. 3. 1280. Whosoever requires letters-patent for a public land If transfers and finds that he is unable to produce a deed of transfer, with cannot be produced. the formalities required for registration, may furnish such proof as the Commissioner may deem requisite in support of his application; and, in such case, if according to the proof, the ap- Proof plication be found just and equitable, the name of the peti- required. tioner shall be substituted for that of the preceding purchaser. 45 V., c. 10, s. 3. declared 1281. It is hereby declared and enacted that the letters- Certain letpatent, heretofore issued at the request of a petitioner unable ters-patent to furnish titles or sufficient proof as aforesaid, have been valid. validly issued by making use of the following terms, without naming any one in particular "to the legal representatives of (name of the purchaser or transferee)"; and that, similar letters-patent may still be issued in the same manner by making use of the same terms. 2. By the words "legal representatives," must be under- Interpetation of "legal stood all those who may have any rights whatever to the pro- representaperty under the Civil Code. 45 V., c. 10, s. 3. tives." § 5. Sale of Sugaries. sugary 1282. The Commissioner may dispose of lots suitable Sale of only for the working of sugaries upon Crown lands with- lands. out obliging the purchasers to fulfill thereon the conditions of settlement. and number Such sales, which shall in no case include more than one hun- Conditions dred acres to the same person, must be made upon a special an acres to be valuation determined by the Commissioner upon the report of sold. the agents after an inspection made at the expense of the purchaser, at a price which cannot be less than seventy-five cents per acre. The purchaser has not the right to cut or dispose of any Right to cut wood other than that necessary for his own use. 51-52 V. c. wood for use 15, s. 2. § 6. Forfeiture of Claims and Enforcement of Forfeiture. only. land, may be or error. 1283. If the Commissioner be satisfied that any purchaser, Sale, &c., of grantee or locatee or lessee of any public land, or any assignee cancelled in claiming under or through him, has been guilty of any fraud case of fraud or imposition, or has violated or neglected to comply with any of the conditions of sale, grant, location or lease, or of the license of occupation, or if any such sale, grant, location or lease or license of occupation have been or be made or issued Revocations to effect a complete for feiture of moneys paid. Nature of right of revocation and in error or mistake, he may cancel such sale, grant, location, lease or license, and resume the land therein mentioned, and dispose of it as if no sale, grant, location or lease thereof had ever been made. 32 V., c. 11, s. 20. 1284. The preceding article shall be interpreted as giving to the revocation made by the Commissioner, in virtue thereof, the effect of a full and complete forfeiture of all moneys paid by the purchaser, grantee, occupant or lessee, whether on account of, or in full payment of any sale, grant, location, lease or permit of occupation, or any expenses or improvements laid out or made on the land or lands therein mentioned; but the Commissioner may, nevertheless, in all such revocations, grant such compensation or indemnity as he may consider just and equitable. 36 V. c. 8, ss. 6 and 9. 1285. The right of revocation, so conferred on the Commissioner, shall not be deemed an ordinary right of dissolution of when it may contract for non-fulfilment of conditions; it shall not be subbe exercised. ject to the provisions of article 1537 of the Civil Code, or to the rules therein mentioned, and may always be exercised, as occasion may require, whatever time may have elapsed since the sale, grant, location, lease or license of occupation. 36 V., c. 8, ss. 6 and 9. Notice of cancelling of sale or grant. Posting of such notice. 1286. No cancelling of any sale or of any grant, location or permit of occupation of public lands shall, however, be made before a notice is twice given in the Quebec Official Gazette mentioning the lots subject to cancellation and the date upon which it shall take place. 45 V., c. 10, s. 4. 1287. The Crown Lands' agent, on receipt of the Quebec Official Gazette, containing such notice, shall be obliged to post a notice setting forth that such cancelling is to take place, or have it posted on the door of the church nearest to the lots in quesNotification tion and, in addition, to notify the holders of location tickets or their assigns under registered transfers, by letter or postcard, if they be present and he knows their address. 45 V., c. 10, s. 4. to holders, &c. Delay to effect 1288. Such cancelling cannot take place until after sixty such cancel- days from the posting up of the said notice at the church door. 51-52 V., c. 15, s. 3. ling. Power of pur chaser to op ling. 1289. During such sixty days it shall be lawful for the purpose cancel chaser, his heirs or assigns, to represent, by petition, to the Commissioner or the Lieutenant-Governor in Council, the reasons for which he thinks such cancelling should not take place; the Commissioner or the Lieutenant-Governor in Council shall decide the question after considering the merits of the reasons so alleged in support of such petition. 1290. Nothing contained in articles 1274, 1275, 1276, 1277, Mining law 1278, 1279, 1280, 1281, 1286, 1287, 1288, and 1289, shall affect not affected. any of the provisions of the mining law being section ninth of this chapter. 45 V., c. 10, s. 5. 1291. When any purchaser, lessee, or other person, refuses Mode of ob- in which the land lies, for an order in the nature of a writ of land on revo of possession. The judge, upon proof to his satisfaction that the right or Issue of order title of the person to hold such land has been revoked or cancelled as aforesaid, or that such person is wrongfully in possession of public land, shall grant an order upon the purchaser, lessee or person in possession, to deliver up the same to the Commissioner or person by him authorized to receive the same. Such order shall have the same force as a writ of posses- Effect of sion; and the sheriff, or any bailiff or person to whom the order. same may be entrusted for execution by the Commissioner, shall execute the same in like manner as he would execute such writ in an action of ejectment or in a possessory action. 32 V., c. 11, s. 21. 1292. When, by law or by any deed, lease or agreement, How notice relating to any of the lands therein referred to, any notice is shall be given. required to be given, or any act to be done, by or on behalf of the Crown, such notice may be given and act done by, or by the authority of the Commissioner. 32 V., c. 11, s. 22. Crown. 1293. All arrears or sums whatever due to the Government Recovery of by reason of the sale or lease of public land, or of any timber sums due the thereon, may be recovered by an ordinary action of debt, brought in the name of the Crown, before any court of competent jurisdiction. 32 V., c. 11, s. 23. 1294. If, in any such suit, the defendant fail to appear or Judgment by to plead, proceedings may be had and judgment may be ren- default in dered therein as in summary actions instituted for the payment of specific sums of money. 32 V., c. 11, s. 24. certain cases. 1295. In all such suits, in case of contestation, the burden Onus of proof. of proof shall lie upon the defendant. 32 V., c. 11, s. 24. Jurisdiction, procedure and costs. Certain es Department. 1296. Notwithstanding articles 1054, 1055 and 1058 of the Code of Civil Procedure, such actions shall, as regards the jurisdiction of the court, procedure and costs, be dealt with as if they were purely personal actions in which the Crown is not concerned, and not relating to titles to land or tenements, annual rents, or matters wherein rights in future may be bound. 32 V., c. 11, s. 25. §7.-Jesuits' Estates and other Property. 1297. The estates forming part of the public domain, tates declared known as the "Jesuits' Estates," "Crown Domain," "Seigniory to be under control of of Lauzon," continue to be under the direct control of the Crown Lands' Crown Lands' Department, and the provisions of this chapter, in so far as may be practicable, shall apply to the said estates; and all deeds, titles, contracts, and other documents relating to them, made and executed by the said Department, are deemed as good and valid in law, to all intent and purposes whatsoever. 36 V., c. 8, s. 5. § 8.-Letters-Patent for Public Lands and the Registration thereof. I. REGISTRATION OF LETTERS-PATENT. Letters-pa tent for lands 1298. All letters-patent of the Crown, whereby any grant to be deliver- of the waste or other public lands in the Province is made, ed to parties shall be delivered to the person, thereto entitled, a copy entitled there- thereof only being previously recorded in a register to be kept for that purpose by the Provincial Registrar or his deputy, without any other entry or enrolment. C. S. L. C., c. 39, s. 1. * to. 11.-LETTERS-PATENT ISSUED IN ERROR. Erroneous be cancelled and correct ones issued 1299. Whenever letters-patent have been issued to or in patents may the name of the wrong party, through mistake in the Department of Crown Lands, or contain any clerical error, or misnomer, or wrong description of the land thereby intended to be granted, the Commissioner (there being no adverse claim,) may direct such defective letters-patent to be cancelled and correct ones to be issued in their stead. when there is no adverse claim. Value of cor patent. Such corrected letters-patent shall relate back to the date rected letters of those so cancelled, and have the same effect as if issued at the date of such cancelled patent. C. S. L. C., c. 39, s. 10; 32 V., c. 11, s. 26. * See articles 709 et seq. as to registration of letters-patent by the Provincial Registrar. consistent 1300. In all cases in which grants or letters-patent have In cases of issued for the same land, inconsistent with each other through double or inerror, and in all cases of sales or appropriations of the same grants, the land, inconsistent with each other, the Commissioner may, in purchase case of sale, cause a repayment of the purchase money, money may be with repaid with interest, or when the land has passed from the original pur- interest, or chaser or has been improved before the discovery of the error, may be assignor when the original grant or appropriation was a free grant, ed, or a scrip he may, in substitution, assign land or issue scrip entitling the certificate party to purchase Crown lands of such value and to such may be grant extent as to him, the Commissioner, may seem just and equitable under the circumstances. other land ed. No such claim shall be entertained unless it be preferred Proviso. within five years from the discovery of the error. 32 V., c. 11, s. 27. or error in de 1301. Whenever, by reason of false survey, or error in the Compensabooks or plans of the Department of Crown Lands, any grant, tion for deficiency of sale or appropriation of land is found to be deficient, or any land by reason parcel of land contains less than the quantity of land mentioned of false survey in the patent therefor, the Commissioner may order the pur- partmental chase money of so much land as is deficient, with the interest books or thereon from the time of the application therefor, or, if the land plans. have passed from the original purchaser, then the purchase money which the claimant, provided he was ignorant of a deficiency at the time of his purchase, has paid for so much of the land as is deficient, with interest thereon from the time of the application therefor, to be paid to him in land or in money, or in land scrip, as he, the Commissioner, may direct, or, in case of a free grant, he may order a grant of other land, equal in value to the land so intended as a free grant at the time such grant was made; but no such claim shall be entertained unless Proviso. application has been made within five years from the date of the patent, or unless the deficiency is equal to one-tenth of the whole quantity mentioned in the grant. 32 V., c. 11, s. 28. 1302. All compensation awarded under the two preceding articles, except where land is especially assigned therefor by the Commissioner, and all claims therefor shall be treated as personal property and dealt with accordingly. 32 V., c. 11, s. 45. Compensa tion to be personalty. 1303. Any letters-patent granted by the Crown may be Letters-patdeclared null and be repealed by the Superior Court : ent may be annulled in cer 1. Where such letters-patent were obtained by means of some tain cases. fraudulent suggestion, or where some material fact has been concealed by the patentee, or with his knowledge or consent; 2. When they have been granted by mistake, or in ignorance of some material fact; 3. When the patentee, or those claiming under him, have done or omitted to do some act in violation of the terms and conditions upon which such letters-patent were granted, or, for |