Hand-logger's licence. Amends s. 70. Forbids export of unscaled timber. Penalty. Seizure. covered thereby is still vacant Crown land, upon the payment of such fees as would have been payable had such licence been kept in good standing, and an additional sum of fifty dollars for each licence, if application for the same is made within sixty days from the first day of March, 1913: "Provided also that the Minister may within one year from the date of expiry permit the renewal of any licence that may have. expired at any time subsequent to the thirty-first day of December, 1912, through the failure or neglect of the holder of such licence to pay the renewal fee therefor, provided the land covered thereby is still vacant Crown land, upon the payment of such fees as would have been payable had such licence been kept in good standing, and an additional sum of fifty dollars for each licence." 9. Subsection (a) of section 31 of said chapter 17 is hereby repealed, and the following is substituted therefor:- "(a.) A hand-logger's licence shall be personal and shall only grant authority to the person named therein (who must either be the holder of a registered mark or have made application for a mark as provided under Part IX. of this Act) to cut timber as a hand-logger, and such licence shall be in force for one year from the date thereof and no longer." 10. Section 70 of said chapter 17 is hereby amended by adding the following at the end of the first paragraph thereof: "and may depute a member of said Board to examine candidates without previous advertisement being made." 11. Section 85 of said chapter 17 is hereby repealed, and the following is substituted therefor: "85. (1.) No person, firm, or corporation shall export or remove from the Province any saw-logs, spars, poles, railway-ties, or cedar bolts, or other cut timber, in respect of which any royalty, taxes, or revenue is payable to His Majesty, or cause or aid in such exportation or removal, unless or until a permit shall have been obtained from a duly authorized officer of the Department certifying that such saw-logs, spars, piles, poles, ties, or bolts, as the case may be, have been scaled or measured in accordance with the provisions of this Act, and the royalty, taxes, or revenue upon the same have been paid. "(2.) Every contravention or violation of the provisions of this section shall render the offender liable to forfeit and pay to His Majesty the sum of one thousand dollars, to be recovered, with all costs as between solicitor and client, in an action brought in the name of His Majesty in any Court of competent jurisdiction. "(3.) The Minister, or any person authorized by him, or the Forest Board may do all things necessary to prevent a breach of the provi sions of this section and to secure compliance therewith, and may for such purpose take, seize, and hold all timber as aforesaid which may be, or may be suspected to be, in course of transit out of this Province in contravention of the provisions of this section, and may also take, seize, and hold every boat which may be towing any such timber; and when the Minister decides that it is not the intention of the holder, owner, or person in possession of such timber to use the same in this Province, or to manufacture it or cause it to be manufactured into sawn lumber or other manufactured wood product in this Province as aforesaid, or to dispose of such timber to others who will use the same in this Province, or have the same so manufactured in this Province, then the Minister may sell or cause to be sold such timber and boat by public auction, and the proceeds of such sale shall be the property of His Majesty, and shall form part of the consolidated revenue of this Province. In case said boat escapes after having been so seized, or in case said boat avoids seizure by crossing the International Boundary, it may at any time afterwards be reseized in any of the waters of British Columbia, and sold as above provided." 12. Part IX. of said chapter 17, being sections 88 to 99, both inclusive, is hereby repealed, and the following is substituted therefor: "PART IX. "TIMBER-MARKING. ing unmarked "88. No person shall float or raft any timber on the salt or fresh Prohibition of floatwaters of the Province unless each piece of such timber bears in a timber. conspicuous place a mark registered in compliance with this Part of this Act. "89. Every person who engages in the business of lumbering in Timber-mark. any form or getting out timber and floating or rafting the same upon the waters aforesaid, or any of them, shall, before engaging in such business, obtain from the Department in the manner provided by this Part of this Act one or more registered marks, as may be deemed necessary by the Department, to clearly distinguish one from another the different classes of timber subject to different conditions of tenure, royalty, tax, or manufacture which such person or his agents may cut or may propose to cut, whether timber from Crowngrant lands, leasehold tracts, or timber limits; and, having obtained such registered mark or marks, every such person shall put the proper mark so registered designating its class of timber in a conspicuous place on each log or piece of timber floated or rafted from the Crown-grant lands, leasehold tracts, or timber limits in respect of which said registered mark has been obtained. Application for timber-mark. Exclusive right to mark. Cancellation of mark. Marks heretofore registered. "90. Any person engaged in the business of lumbering or getting out timber as aforesaid who is required to obtain a registered mark or marks in accordance with this Part of this Act shall make application for each such mark to the Department; and such application shall be in duplicate, and shall contain a statutory declaration by such person as to the terms and conditions under which the lands from which the timber comprised in said application is to be removed and for which he desires to obtain a registered mark are held under grant or demise from the Crown, and such declaration shall set forth that such person and his agents will use said mark upon timber removed from said lands, and upon said timber only. Upon approval of such application and upon receipt of the fees therefor, the Department shall assign a mark to be used by such person, and after entry of the particulars thereof in a book to be called the timber-mark register,' which book shall be kept in the Department, shall return to such person one copy of his application upon which the mark assigned to him has been entered, together with a certificate signed by the Chief Forester to the effect that said mark has been duly registered in accordance with this Part of this Act; and such certificate shall further set forth the day, month, and year of the entry thereof in the register; and every such certificate shall be received in all Courts in the Province as prima facie evidence of the facts therein alleged without proof of the signature. 6 "91. The person who obtains such registered timber-mark shall thereafter have the exclusive right to use the same, and to designate the timber got out by him and floated or rafted as aforesaid. "92. The Minister may at any time, at his discretion, cause the said mark to be cancelled by entry of such cancellation in the timbermark register and by notice in the Gazette. "93. Any person who heretofore may have obtained a registered mark under the Timber-mark Act' or amendments thereof shall, within three months from the enactment of this section, submit a declaration in duplicate, in the form attached as a Schedule to this Act, showing the lands from which the timber to be marked with said registered mark is being or is to be removed; and provided such mark complies with the provisions of this Act, and in the opinion of the Department is a suitable distinguishing mark for the particular class of timber upon which it is to be used, such declaration shall entitle such person to use said mark as a mark duly registered in accordance with this Act: "Provided that at the expiry of said period of three months all marks heretofore registered which in the opinion of the Minister fail to comply with the provisions of this Act shall be cancelled in the timber-mark register, notice of said cancellation being given in the Gazette, and thereafter the marking of logs with any such cancelled marks shall not be a compliance with this Part of this Act. "94. Any holder of a timber-mark duly registered and complying Transfer of mark. with the provisions of this Act who desires to use such mark for the purpose of marking timber other than that in respect to which such mark was issued by the Department shall deposit with the Department an application in duplicate containing a statutory declaration to that effect in such form as the Minister may prescribe, and upon approval of such application by the Chief Forester the registration of such mark in the timber-mark register shall be amended to that effect, and a certificate signed by the Chief Forester shall be issued to such person authorizing the use of the mark in accordance with the application. another's mark. "95. Every timber-mark registered under this Act shall be assign- Assignment of mark. able in law; and on the production of the assignment and the payment of the fee hereinafter mentioned, the said Minister shall cause the name of the assignee, with the date of the assignment and such other details as he sees fit, to be entered on the margin of the timber-mark register on the folio where such mark is registered. "96. Every person other than the person who has registered a Unlawful use of timber-mark, or an assignment of the same, who marks any timber of any description with such marks so registered under the provisions of this Act, or with any part of such mark, shall in each case in which a complaint under this section shall be made by the person holding the certificate of registration of the mark wrongfully used, or by some one acting on his behalf and thereunto duly authorized, on summary conviction before a Stipendiary Magistrate or two Justices of the Peace, be liable for each offence to pay damages, not exceeding one hundred dollars and not less than twenty dollars, to the person holding the certificate of registration of the mark wrongfully used, together with the costs incurred in enforcing and recovering the same. "97. Every person who violates the provisions of this Part of this Penalty. Act shall be liable to a penalty of not less than one hundred dollars and not more than five hundred dollars and costs, to be recovered upon summary conviction before any Stipendiary Magistrate or two Justices of the Peace, and, in default of immediate payment, to imprisonment, with or without hard labour, for a term not exceeding eighteen months. "98. All timber floated or rafted and not so marked as to comply Seizure. with the provisions of this Part of this Act may be seized by the Crown, and sold by private sale or public auction, and the proceeds of such sale shall form part of the Consolidated Revenue Fund of the Province. "99. The following fees shall be payable and paid into the Depart- Fees. ment, that is to say: On every application to register a timber-mark, including $2.00 For each certificate of registration not already provided for.. 50 For each copy of any drawing, the reasonable expenses of preparing the same. For recording any assignment $1.00 Seizure and sale. Export of piles, etc. For recording a cancellation, the cost of advertising in the 1.00 "And such fees shall be paid over by the said Minister to the Minister of Finance, and shall form part of the revenue of the Province." 13. Subsections (1) and (2) of section 102 of said chapter 17 are hereby amended as follows: "102. (1.) The Minister and the Forest Board may do all things necessary to prevent a breach of the provisions of this Part of this Act, and to secure compliance therewith, and may for such purpose take, seize, and hold all timber so cut or suspected to have been cut as aforesaid, and to be in course of transit out of this Province in contravention of the provisions of this Part of this Act, and may also take, seize, and hold every boat which may be towing any such timber; and when the Minister decides that it is not the intention of the lessee, licensee, owner, holder, or person in possession of such timber to use the same in this Province, or to manufacture or cause the same to be manufactured into sawn lumber in this Province as aforesaid, or to dispose of such timber to others who will use the same in this Province, or have the same so manufactured in this Province, then the Minister may sell or cause to be sold such timber and boat by public auction, and the proceeds of such sale shall be the property of His Majesty, and shall form part of the consolidated revenue of this Province. In case said boat escapes after having been so seized, or in case it avoids seizure by crossing the International Boundary, it may at any time afterwards be reseized in any of the waters of British Columbia, and sold as above provided. "(2.) Whenever a seizure is made of timber or a boat on account of a suspected contravention of the provisions of this Part of this Act, the onus of proving that no part of the timber seized was Crown timber or cut on ungranted lands of the Crown, or on lands of the Crown granted after the twelfth day of March, 1906, and that no part of the timber seized had been dealt with, or was about to be dealt with, in a manner contrary to the provisions of this Part of this Act, shall be upon the owner, holder, or person in possession of said timber and boat." 14. Section 103 of said chapter 17 is hereby repealed, and the following is substituted therefor "103. The Lieutenant-Governor in Council may authorize the export by lessees or licensees of the Crown of the following kinds of timber cut on ungranted lands of the Crown, or on lands of the Crown granted since the twelfth day of March, 1906, or which shall hereafter be granted, namely: Piles, pulp-wood, telegraph and tele |