or for sale as hereinbefore provided by this Act, at any time during the term of such lease, without compensation, save by a proportionate deduction of rent, and a further condition by which the Secretary of State may, on giving the lessee six months notice, cancel the lease at any time during the term. Unoccupied Dominion leased to neighboring HAY LANDS. 35. Leases of unoccupied Dominion lands, not exceeding a half lands may be quarter section, or eighty acres, to any one person, may be granted for the purpose of cutting hay thereon, to any person or persons settlers for the whomsoever being bona fide settlers in the vicinity of such hay land, for such term and at such rent as the Secretary of State may deem expedient; but such lease shall not operate to prevent at any time during the term thereof the sale or settlement of the lands described therein under the provisions of this Act, the lessee being paid in such case by the purchaser or settler, for fencing or other improvements made on such land, such sum as shall be fixed by the Local Agent, and allowed to remove any hay he may purpose of cutting hay thereon, but. not to the hindrance of the sale or settlement thereof. have made. Mines or MINING LANDS. 36. No reservation of gold, silver, iron, copper, or other mines. minerals not to or minerals shall be inserted in any patent from the Crown granting any portion of the Dominion lands. be reserved in patents of lands. Any person may explore and purchase mining lands. Those in territory, without the 37. Any person or persons may explore for mines or minerals on any of the Dominion lands, surveyed or unsurveyed, and not then marked or staked out and claimed or occupied, and may, subject to the provisions hereinafter contained, purchase the same. Mining lands 38. Mining lands, if in surveyed townships, may be acquired in surveyed under the provisions herein contained, and shall be sold in legal townships to be sold in legal subdivisions. When situate in unsurveyed territory and without subdivisions. the limits of the Fertile Belt, such lands shall be sold in blocks unsurveyed to be called mining locations; and every such mining location, except as hereinafter provided, shall be bounded by lines due north and south and due east and west, astronomically; and each such location shall correspond with one of the following dimensions, namely, eighty chains in length by forty in width, containcalled mining ing three hundred and twenty acres,-or forty chains square, conDescription of taining one hundred and sixty acres,-or forty chains in length such blocks. by twenty in width, containing eighty acres. limits of the Fertile Belt, to blocks, to be be sold in locations. Proviso. Rent. 1. Provided further that in case of certain lands proving to be rich in minerals, the Secretary of State shall have the power to withdraw such lands from sale, and in lieu thereof institute a system of lease. 2. The rent payable to the Crown under any such lease shall be a royalty, not to exceed two and a half per cent, on the net profits of working. right exists. 3. Provided further, that when there are two or more applicants Proviso: for the same tract, and a prior right in either or any of the appli- when no prior cants is not established to the satisfaction of the Secretary of State, the same may be tendered for by the claimants on stated terms of lease, and sold to the highest bidder. vision. 4. Provided also that in territory supposed to contain minerals Further prothe Secretary of State may in his discretion reserve from sale, alternate locations, or quarter sections, or other legal subdivisions with the view of subsequently offering the same either for sale or lease at public competition. locations to be 39. Mining locations in unsurveyed territory shall be surveyed Mining by a Deputy Surveyor, and shall be connected with some known surveyed by point in previous surveys, or with some other known point or Deputy Surveyors. boundary (so that the tract may be laid down on the maps of the territory in the Dominion Lands Office) at the cost of the applicants, who shall be required to furnish, with their application, the Surveyor's plan, field notes and description thereof. 40. No distinction in price shall be made between lands sup- Lands supposed to contain mines or minerals and farming lands, but both posed to con tain minerals, classes shall be sold at the uniform price of one dollar per acre; to be sold at provided that clause twenty-nine of this Act as regards offering as farming lands at public sale shall apply to coal and mineral lands also, lands. when the same are in surveyed townships. the same price State may preceling ܳܕ Governor in 41. It shall also be lawful for the Secretary of State to exempt Secretary of from the preceding provisions of this Act, such of the Dominion exempt certain lands upon or adjoining the banks of rivers or other waters as lands from the may be supposed to contain valuable " Bar," " Bench," or "Dry" provisions. Diggings" for gold or other precious metals; and the Governor Duty of in Council shall regulate, from time to time, as the same may Council with become necessary and expedient, the nature and size of the claims respect to lands containing such diggings, and shall fix the terms and conditions so excepted. upon which the same shall be held and worked, and the royalty payable in respect thereof, and shall appoint and prescribe the duties of such officers as may be necessary to carry out such regulations. INDIAN TITLE. still under 42. None of the provisions of this Act respecting the settlement As to lands of Agricultural lands, or the lease of Timber lands, or the pur- Indian title. chase and sale of Mineral lands, shall be held to apply to territory the Indian title to which shall not at the time have been extinguished. COAL LANDS. not be taken 43. Coal lands designated by the Government as such' are Coallands may hereby withdrawn from the operation of this Act as regards the for home rights steals. Timber forming rights of squatters to homesteads on the Dominion lands in advance of the Surveys. 44. Any person or persons desiring to carry on coal mining in unsurveyed territory, shall be protected in the possession of the lands on which such mining may be carried on,-provided, that before entering on the working of such mines, such person or persons make written application to the Local Agent to purchase such land such application must be accompanied by a description by a Deputy Surveyor setting forth generally the situation and the dimensions of such land, and shall also be accompanied by payment of the price thereof, estimating the number of acres (which shall not exceed six hundred and forty) at the rate of one dollar per acre. Such application shall be filed by the Agent receiving the same-and on the survey of the Township containing the land applied for being effected, the claimant or claimants shall be entitled to a patent for such number of acres, in legal subdivisions, including and covering the mine worked, as shall correspond to the application and to the extent of land paid for. Provided that such mine shall have been continuously worked during the interim between the application and the survey; but if the same should at any time during such interim cease to be worked for twelve consecutive months, unless the lands in question be no longer valuable for mining purposes, then the claim of the parties to the land shall lapse, and the mine shall be forfeited to the Crown, together with any and all purchase money which may have been paid to the Government on account thereof. 45. The Secretary of State, with the view of preventing undue monopoly in coal lands, may in his discretion, on a township being surveyed, exempt from the sale and settlement provisions of this Act the sections or other legal subdivisions of land which may be said to contain coal, except those on which mining may have been carried on under the next preceding clause; and the same shall be subsequently sold or otherwise dealt with in such manner as may be deemed expedient by the Governor in Council, TIMBER AND TIMBER LANDS. TIMBER IN TOWNSHIPS SURVEYED FOR SETTLEMENT. 46. And whereas it is expedient that the timber forming islands or belts Islands or Belts in townships thrown open for settlement, should in townships be so disposed of as to benefit the greatest possible number of thrown open settlers and to prevent petty monopoly, it is therefore enacted as to be disposed' follows: for settlement, of so as to benefit the greatest possible 1. In the subdivision of townships which may consist partly of prairie and partly of timber land, such of the sections or subdivisions of sections containing Islands, Belts, or other tracts of timber, shall be subdivided into such number of wood lots of prevent petty, not less than ten, and not more than twenty acres in each lot, as will monopoly, and number of settlers and how. afford. afford, so far as the extent of wood land in the township may permit, one such wood lot to each quarter section prairie farm in such township. 2. Provided, that neither the sections and parts of sections in each township vested in the Hudson's Bay Company by this Act nor those sections set apart herein for schools, shall be subject in any way to the operation of the next preceding sub-clause. 3. The division of such wood lots shall be by squared posts, numbered from one upwards, marked with a marking iron, and planted in the section lines bounding the timber tract so laid out; and each wood lot shall front on a section road allowance. 4. Irovided, that in case an Island or Belt of timber be found in the survey of any township to lie in a quarter section or several quarter sections, but in such manner that no single quarter section shall have more of such timber than twenty-five acres, such timber shall be taken to be appurtenant to such quarter section or quarter sections, and shall not be further divided into wood lots. 5. The Local Agent, as settlers shall apply for homestead rights in the township, and in the same order as such applications shall be made, shall apportion to each quarter section so applied for, one of the adjacent wood lots, and such wood lot shall appertain to and form an addition to such grant, and shall be entered on the Local Agent's books and be returned by him as in connection therewith; and the wood lot set apart with any homestead quarter section shall be a free gift in connection with such homestead, and in addition thereto, and on such homestead claimant fulfilling all the requirements of this Act in that behalf, the patent for such quarter section shall also include such wood lot. 6. Provided, that any homestead claimant, who, previous to the issue of the patent shall sell any of the timber on his claim or on the wood lot appertaining to his claim, to saw mill proprietors or to any other than settlers for their own private use, shall be guilty of a trespass, and may be prosecuted therefor before a Justice of the Peace, and upon conviction thereof, shall be subject to a fine or imprisonment, or both; and further, such person shall forfeit his claim absolutely. OTHER TIMBER AND TIMBER LIMITS. 47. Any tract of land covered by forest timber may be set apart Reservation of as timber lands, and reserved from sale and settlement. timber lands. 48. Except where it may be thought expedient by the Secretary Each township of State to divide a township into two or more timber limits, the to form a timber limit. several townships composing any such tract shall each form a limit. 49. In the enactments and provisions under the present heading, What "timber" Timber and Timber Lands, the word "timber" includes all lum- includes under this heading. ber, and all products of timber hereinafter mentioned, or of any other kind whatever, including firewood or bark. Right of cutting timber 50. The right of cutting timber on such limits shall be put up at a bonus per square mile, varying according to the situation and value of the limit, and sold to the highest bidder by competition, highest bidder. either by tender or at public auction. to be sold to Purchaser to have a lease for 21 years. Conditions of lease. Mills. To take all timber. To prevent destruction. Monthly returns. Rent. Books. Rights of lessee. 51. The purchaser shall receive a lease granting the right of cutting timber on the land for twenty-one years, and containing the following conditions, with such others as shall have been embodied in the notice of sale, that is to say : 1. The lessee to erect a saw mill or mills in connection with such limit and lease, and subject to any special conditions which may be agreed upon and stated in the lease, such mill or mills to be of capacity to cut at the rate of a thousand feet, board measure, in twenty-four hours, for every two and a half square miles of limits in the lease, or shall establish such other manufactory of wood goods as may be agreed upon as the equivalent of such mill or mills, and the lessee to work the limit, in the manner and to the extent provided in the lease, within two years from the date thereof, and during each succeeding year of the term. 2. To take from every tree he cuts down all the timber fit for use, and manufacture the same into sawn lumber or some other such saleable product as may be provided in the lease or by any Regulations made under this Act. 3. To prevent all unnecessary destruction of growing timber on the part of his men, and to exercise strict and constant supervision to prevent the origin or spread of fires. 4. To make returns to the Government monthly, or at such other periods as may be required by the Secretary of State, or by Regulations under this Act, sworn to by him or by his agent or employee cognizant of the facts, declaring the quantities sold or disposed of as aforesaid, of all sawn lumber, timber, railway car stuff, ship timbers and knees, shingles, laths, cordwood or bark, or any other product of timber from the limit, in whatever form the same may be, sold or otherwise disposed of by him during such month or other period, and the price or value thereof. 5. To pay, in addition to the bonus, an annual ground rent of two dollars per square mile, and further a royalty of five per cent on his monthly account. 6. To keep correct books of such kind and in such form, as may be provided by his lease or by Regulation under this Act, and to submit the same for the inspection of the collector of dues whenever required, for the purpose of verifying his returns aforesaid. 7. The lease shall describe the lands upon which the timber may be cut, and shall vest in the lessee during its continuance, the right to take and keep exclusive possession of the lands so described, subject to the conditions hereinbefore provided or referred to; and such lease shall vest in the holder thereof, all right of property whatsoever in all trees, timber, lumber and other products of timber, cut within the limits of the lease during the continuance thereof, whether such trees, timber and lumber or products be cut by authority of the holder of such lease or by any other person, with or without his consent; and such |