Costs allowed to witness. Fees. Rev. Stat., c. 22. Unenumerated services. Feesto person appointed to take affidavits. Recovery of such fees. 28. In all cases under this Act in which a witness duly appears to give evidence before the Commissioners, or before any person appointed by them to examine or to receive the testimony or deposition of the witness, the Commissioners may order and direct the party at whose instance the witness has been summoned, or his testimony or depositions have been taken, to allow to the witness for his loss of time and expenses such sum as the Commissioners may deem equitable, which order the party shall obey, or in default, the sum shall be recoverable from him by action in any Court having jurisdiction in civil cases to a like amount, due regard being had to the limits of the local jurisdiction of such Court. R. S. O. 1877, c. 25, s. 27. FEES. 29. The following fees in respect of proceedings had under this Act shall be payable to the Crown in stamps, subject to the provisions of The Act respecting Law Stamps : 1. For filing every petition, twenty cents; 2. On every claim entered and received, fifty cents. 5. On every claim allowed, fifty cents; 6. For making up a report on the same, two dollars; 7. For every certificate of the allowance of a claim, twentyfive cents; 8. For a copy of the order respecting a claim, twenty-five cents; 9. For each summons for the attendance of any witness or witnesses, forty cents; 10. For every commission for the examination of witnesses two dollars; 11. For a certified copy of any paper or document in the custody of the Clerk of the Commissioners, twenty-five cents for the certificate, and at the rate of ten cents for every one hundred words in such copy; 12. And such reasonable fees for any service not herein specially mentioned or included therein, as the Commissioners may from time to time direct. R. S. O. 1877, c. 25, s. 28. 30. Every person, authorized by section 11, to take affidavits in proceedings under this Act (not being one of the Commissioners), shall for every affidavit or affirmation so taken before him be entitled to demand and recover from the party requiring him to take the same the sum of twenty-five cents, and no more. R. S. O. 1877, c. 25, s. 29. 31. The fees may be required to be paid before the service for which they are granted is performed, or if not so required, may be recovered in the manner hereinbefore appointed with regard to the sum allowed to a witness. R. S. O. 1877, c. 25, s. 30. MISCELLANEOUS. 32. The copy of any order, report or decision made by the Certified Commissioners under this Act, certified by their Clerk and copies of proceedings and countersigned by one of the Commissioners, shall be received orders of the in all civil actions in Courts in this Province, as evidence Commissionof the making of the order, report or decision, in the manner ceived in and form and according to the tenor thereof as set forth in the evidence. copy. R. S. O. 1877, c. 25, s. 31. ers to be re In what cases only it shall certificate. 33. It shall not be necessary in an action to prove the signatures of the Clerk or Commissioner, if the party be necessary to intending to produce the same has given due notice of his inten- prove the tion to an adverse party according to the course and practice of the Court, unless the adverse party has afterwards in like manner signified his intention to dispute the signatures, or either of them, in which case it shall be requisite to prove the same, and the costs attending the proof may, in the discretion Costs. of the Court, be allowed to the party making proof, whatever be the result of the action. R. S. O. 1877, c. 25, s. 32. 34. Any person whose right to obtain a patent for land has Right to obbeen established by the Commissioners, under this or any assignable in tain a patent, former Heir, Devisee and Assignee Act, may, by an instrument certain cases. in writing, assign, transfer and convey his right and interest to or in the land; and the assignment, as well as all subsequent assignments, may be registered agreeably to the Assignment provisions of The Public Lands Act; and the last assignee tered under shall be entitled to a patent upon proving compliance with all Rev. Stat. the conditions to which the original location was subject. R. S. O. 1877, c. 25, s. 33. may be regis C. ceedings to be 35. The Commissioners for the time being may from time Rules and to time make and establish rules and forms, with regard forms of proto proceedings to be had before them, and to such notices, papers established by and other documents as may be required in the conduct of the the Commiss proceedings, as to them appear expedient for the better attainment of the purposes cf justice. R. S. O. 1877, c. 25, s. 34. ioners. CHAPTER 28. An Act respecting Timber on Public Lands. LICENSES TO CUT TIMBER ON PUBLIC LANDS, SS. 1-2. ROAD ALLOWANCE, s. 4. SEIZURE OF TIMBER BY THE CROWN, Commissioner of Crown H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows:- LICENSES TO CUT TIMBER ON PUBLIC LANDS. 1. (1) The Commissioner of Crown Lands, or any officer or agent under him authorized to that effect, may grant licenses grant licenses to cut timber on the ungranted lands of the Crown, at such Lands may to cut timber on Public Lands. Period of license. Conflicting licenses. Operation of license. rates, and subject to such conditions, regulations and restrictions as may from time to time be established by the Lieutenant-Governor in Council, and of which notice may be given in the Ontario Gazette. (2) No license shall be so granted for a longer period than twelve months from the date thereof; and if, in consequence of incorrectness of survey, or other error, or cause whatsoever, a license is found to comprise lands included in a license of a prior date, the license last granted shall be void in so far as it interferes with the one previously issued, and the holder or proprietor of the license so rendered void shall have no claim upon the Government for indemnity or compensation by reason of such avoidance. R. S. O. 1877, c. 26, s. 1. 2. The licenses shall describe the lands upon which the timber may be cut, and shall confer for the time being on the nominee the right to take and keep exclusive possession of the lands so described, subject to such regulations and restrictions as may be established:-And the licenses shall vest in the holders thereof all rights of property whatsoever in all trees, timber and lumber cut within the limits of the license during the term thereof, whether the trees, timber and lumber are cut by authority of the holder of the license, or by any other per son, with or without his consent;-And the licenses shall entitle the holders thereof to seize in revendication, or otherwise, such trees, timber or lumber where the same are found in the possession of any unauthorized person, and also to institute any action against any wrongful possessor or trespassers, and to prosecute all trespassers and other offenders to punishment and to recover damages if any :-And all proceedings pending at the expiration of any license may be continued. to final termination as if the license had not expired. R. S. O. 1877, c. 26, s. 2. ances to be 3. Every Government road allowance included in any Crown Government timber license, heretofore granted, or which may hereafter be road allow granted under section 1 of this Act, shall be deemed and deemed untaken to be and to have been ungranted lands of the Crown, granted lands. within the meaning of said section, and liable as such to be included in the license. R. S. O. 1877, c. 26, s. 3. 4. The licensee or nominee named in any license shall Rights of be deemed and taken to have, and to have had, all the rights licensee. in respect of every such road allowance, and the trees, timber and lumber thereon, or cut thereon, as were, or by section 2 of this Act, may be conferred upon him in respect of any other Crown lands embraced in such license, and the trees, timber and lumber thereon, or cut thereon, except that he shall not be entitled to take or keep exclusive possession of such road allowance. R. S. O. 1877, c. 26, s. 4. license. 5. No by-law passed, or to be passed by any Municipal Coun- By-laws not to cil for preserving, selling, or otherwise appropriating or dis- prevail against posing of the timber or trees, or any part thereof, on a Government road allowance included in any license, shall be deemed or taken to have had or have any force or effect against such license. R. S. O. 1877, c. 26, s. 5. Councils entitled per 6. In case the council of any township, organized as a Township separate municipality, or the council of any united townships, to per have passed, or hereafter pass, a by-law for preserving or centage of selling the timber or trees on the Government road allowances timber dues. within such township, or united townships, and included in any license, the corporation of such township or united townships shall be entitled to be paid out of the consolidated revenue fund of this Province a sum equal to two per centum of the dues received by Her Majesty for or in respect of the timber or saw-logs which, during the existence of the by-law, were cut within the township, or united townships, under the authority of the license; but no corporation shall Proviso. be entitled to such percentage of the dues received for timber or saw-logs cut during the times or seasons when timber, or trees on such road allowances were cut or removed, for which cutting or removal the corporation had, before the 15th day of February, 1871, obtained a verdict against such licensee or nominee. 44 V. c. 2, s. 1. Termis on may obtain the 7. No Municipal Corporation shall be entitled to such paywhich Councils ment as aforesaid, unless a certified copy of the by-law passed percentage. or to be passed as aforesaid, accompanied by an affidavit of the Clerk or Reeve of the Corporation, verifying the copy, and the date of the passing of the by-law, is filed in the Department of Crown Lands at Toronto within six months from the passing of the by-law; and the affidavit may be made or taken before any person or officer who, under sections 42 or 43 24, 88. 42, 43. of The Public Lands Act, is authorized to take the affidavits in those sections mentioned. R. S. O. 1877, c. 26, s. 7. Rev. Stat. c. Councils to expend percentage on highways. Time from which junior townships en titled to per centage of dues. Return to be made by per licenses. 8. All moneys to be paid, as aforesaid, to any municipal corporation shall be expended in the improvement of the highways situate within the Township or within the senior or junior Township in respect of which such moneys were paid. 44 V. c. 2, s. 2. 9. The percentage to which the junior township or townships of such united townships may be entitled, shall only be in respect of the dues received upon timber or trees which shall be cut after the 30th day of April, 1881. 44 V. c. 2, s. 3. [See Cap. 25, ss. 13-15, as to the right of the Crown, to grant Timber Licenses on Free Grant Lands.] OBLIGATIONS OF PERSONS OBTAINING LICENSES. 10. Every person obtaining a license shall, at the expiration sons obtaining thereof, make to the officer or agent granting the same, or to the Commissioner of Crown Lands, a return of the number and kinds of trees cut, and of the quantity and description of sawlogs, or of the number and description of sticks of square timber manufactured and carried away under the license; and the statement shall be sworn to by the holder of the license, or his agent, or by his foreman, before a Justice of the Peace; and any person refusing or neglecting to furnish such statement, or evading or attempting to evade any regulation made by Order in Council, shall be held to have cut without authority, and the timber made shall be dealt with accordingly. R. S. Ö. 1877, c. 25, s. 9. Timber liable to payment of 11. (1) All timber cut under licenses shall be liable for the dues may be payment of the Crown dues thereon, so long as and wheresoever followed until the timber or any part of it may be found in Ontario, dues are paid. whether in the original logs or manufactured into deals, boards or other stuff; and all officers or agents entrusted with the collection of such dues may follow all timber and seize and detain the same wherever it is found until the dues are paid or secured. Timber re moved into Quebec. (2) Nothing in this Act contained shall be construed to repeal the provisions of section 4 of chapter 23 of the Consolidated Statutes of Canada, as regards timber removed into the Province of Quebec. R. S. O. 1877, c. 26, s. 10 |