enter upon and county or district in which he may be employed whenever applied to for that purpose, and shall furnish any copy of plans that are required, for which services he shall be entitled to receive the fees mentioned in "The Costs and Fees Act," or such further or other fees as are presented by the Minister. 1910, c. 4, s. 10. Surveyors may 11. The Chief Provincial Surveyor and every pass over lands. Deputy Surveyor when engaged in the duties of his office may with his assistants, enter upon and pass over the land of any person whomsoever, doing as little damage as possible; and no action shall lie against such surveyor or his assistants for any act done under this section. 1910, c. 4, s. 12. Penalty for obstructing surveyor. Surveyors' instructions. Lands valuable only for timber be granted, leased, etc. 12. Every person who molests, hinders or obstructs the Chief Provincial Surveyor or any Deputy Surveyor while engaged in the discharge of the duties of his office shall be liable to a penalty not exceeding $20.00 or to imprisonment for a period not exceeding thirty days. 1910, c. 4, s. 13. 13. Instructions shall be furnished by the Minister to every Deputy Surveyor for his guidance in the discharge of his duties. 1910, c. 4, x. 14. RESERVATION OF LANDS. 14. Lands belonging to the Crown, not suitable growing not to for agricultural or grazing purposes and the chief value of which consists in the timber growing or to be grown thereon, shall not be granted, conveyed, leased, sold or disposed of in any manner except under the provisions of this Chapter. 1910, c. 4, s. 15. Governor in lands. 15. The Governor-in-Council may, upon the rereserve certain commendation of the Minister, reserve and set apart such of the Crown Lands as he deems expedient for the maintenance and preservation of the forests, for the planting and cultivation of trees, for protecting and regulating the flow of water within the lands so reserved and set apart, and for the developing of water power to be derived therefrom, and for the protection and preservation of game. 1910, c. 4, s. 16. aged timber on 16. In case the timber on any portion of the lands Sale of damso reserved and set apart is at any time damaged by reserved lands. fire, the timber so damaged and also timber which has attained mature growth, may be offered at public sale subject to such regulations as are from time to time made by the Governor-in-Council. 1910, c. 4, s. 17. of lands. 17. Any lands upon which in the opinion of the Expropriation Governor-in-Council the timber has been exhausted by lumbering operations or by fire or other cause, and which should be reserved or set apart for any of the purposes in the preceding Section 15 mentioned, may be expropriated under the provisions of "The Expropriation Act." 1910, c. 4, s. 18. growing timber. 18. It shall be the duty of the Minister to main- Conservation of tain and conserve the timber growing or to be grown on the lands so reserved and set apart, to plant and cultivate trees where necessary, with a view to renewing the growth, where the timber had been wholly or partially exhausted, and to preserve, protect and regulate the flow of water on such lands. 1910, c. 4, s. 19. Administration 19. The lands so reserved and set apart or pur- of reserved chased or expropriated shall be administered by the lands. Minister under regulations which may from time to time be made in that behalf by the Governor-inCouncil. 1910, c. 4, s. 20. RESERVATION OF MINERALS. Crown. 20. Every grant of Crown Lands made after Reservations to the twenty-second day of April in the year of our Lord one thousand nine hundred and ten shall, whether the same is so expressed therein or not, be construed and held to reserve to the Crown all the minerals in the land so granted, excepting only limestone, gypsum and building materials. 1910, c. 4, s. 21. grants made 21. (1) Every grant of Crown Land made at Reservations in any time before the twenty-second day of April, in prior to 1910. the year of our Lord one thousand nine hundred and Where develop ment or expen tial Minister may grant license or lease. ten, shall, whether the same is so expressed therein or not, and notwithstanding the provisions of such grant or of any enactment or law, be construed and held to have reserved to the Crown all the minerals in the land so granted excepting only limestone, gypsum and building materials. (2) Where it is shown to the satisfaction of the diture substan- Minister of Public Works and Mines that but for this section any right which any person would have had to or in respect of any mineral in land so granted is affected by this section, and that such person has prior to the seventeenth day of May, A. D., 1919, developed any mineral in such land or expended money for or in connection with such mineral and the said Minister deems such development or expenditure to be substantial, then the said Minister may grant such person a license to search for or a lease of such mineral on application therefor under the provisions of The Mines Act, notwithstanding any prior application by any other person under the Mines Act for a license to search for or a lease of such mineral. Notice of prior application to (3) Provided, however, such application by or on be published. behalf of any person claiming a license or lease by reason of having developed any mineral or expended any money, must be made within thirty days after the last publication of a notice of any prior application published, once in each week, for four consecutive weeks in a newspaper circulating in the county in which the lands are situate; but in any case, no application by any person claiming a license or lease by reason of having developed any mineral or expended any money shall be considered unless such application is duly filed with the Minister of Public Works and Mines before the first day of July, A. D., 1921. 1920, c. 32, s. 1. Grants of land to municipalities. GRANTS OF CROWN LANDS. 22. The Governor-in-Council may, without requiring any compensation therefor, grant to any municipality any Crown Lands wholly or in part covered with water, either absolutely or upon any trust of a public nature or for the benefit of the inhabitants of such municipality or of the public. 1910, c. 4, s. 25; 1912, c. 69. of 23. (1) Subject to the provisions of this Chapter Petitions for any person may, by petition addressed to the Min-Crown Lands. ister, apply for a grant of any Crown Lands, and such petition may be approved by the Minister, provided that after inquiry the Minister is satisfied that (a) the land applied for is suitable for settlement and for agricultural or grazing purposes; (b) the petitioner desires the said land for his own benefit, and for the purpose of actual settlement and for agricultural or grazing purposes; (c) that the applicant is not less than 13 years of age; (d) that the land applied for does not exceed 150 acres. (2) The price of such lands shall be one dollar Price of lands. per acre, in addition to the expenses of the survey of the lands so applied for, but no grant shall issue for a less sum than $25.00 in addition to the expenses of survey. (3) Every petition shall be accompanied by a Deposit. deposit of twenty-five dollars. (4) The Minister may, after such petition has Permit to enter. been approved, grant a permit to the applicant to enter into possession of the lands so applied for. Rights granted (5) Such permit shall authorize the petitioner, by permit. subject to the conditions thereof, to occupy the lands therein described, and to exercise the same rights as to actions or prosecutions for trespass or for the enforcement of his right of possession as if he had a grant of the said land from the Crown. Permit not as (6) No such permit shall be assignable without signable withthe consent in writing of the Minister nor shall the out consent. same be taken or sold under execution. 1910, c. 4, s. 26; 1912, c. 70, s. 2. When holder of permit entitled to a grant. Issuance of permit and grant in lease of timber lands. 24. Every holder of a permit who has taken possession of the land described therein, and within two years from the date thereof has built a house thereon and has resided upon the said lands for not less than three successive years, and has cultivated not less than ten acres thereof shall be entitled to a grant of the said land upon payment of the balance of the purchase money. 1910, c. 4, s. 27. 25. (1) The Governor-in-Council may order the of land included issue of a permit and grant, for purposes of settlement and cultivation of any land included in a lease of timber lands made under the provisions of this Chapter and amendments thereto and all the provisions of this Chapter as to permits and grants to settlers shall apply to the issue of permits and grants under this section. Refund of amount paid by lessee. Grant conveys absolute title. Grants of (2) Upon the issue of any such permit or grant to a bona fide settler, the Minister shall forthwith refund out of the Provincial Treasury to the lessee the amount received from such lessee in respect to the lot of land covered by such permit or grant. (3) The grant to a bona fide settler of any lot of land under lease shall convey an absolute title to the land so granted, and vest such land absolutely in such grantee as fully and completely as if such lands had never been leased. 1910, c. 4, s. 28. 26. (1) The Minister may grant, sell or lease adjoining other lots of Crown Lands adjoining lands not held by the Crown, and such grants may also be made of such lots when held under lease from the Crown to the lessee therefor. 1918, c. 23, s. 26. Terms and conditions. Permits to cut timber on (2) Such grants shall be made upon such terms and conditions and subject to such regulations as may be determined by the Governor-in-Council. 1912, c. 70, s. 4. 27. Farmers, settlers and fishermen residing in Crown Lands. the immediate vicinity of Crown Lands may obtain from the Minister at such rates (or in his discretion free of charge), and under such regulations as he may |
