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Notifications, protests,

&c, to be prima facie evidence of their contents,

Notaries may sign Petitions for certain parties.

Appointment of Censors, and their functions.

XI. And be it enacted, That all notifications, protests and services thereof, made by any Notary at the request of a party who shall not have accompanied such Notary nor signed the deed, shall be authentic and be evidence in themselves of their contents until called into question or disavowed by the person (or any other to whom it shall appertain) in whose name such notification, protests and services shall have been made; and that notwithstanding any law or judicial decision to the contrary, Notaries shall continue in the same manner as advocates and attorneys, to sign in the name of petitioning parties, and without any other special power, memorials or petitions required for the calling together of meetings of relatives and friends, (assemblées de parents) in cases of tutelage, curatorship, (tutelle, curatelle,) sale of real property of minors and interdicted persons, divisions or licitations (partages ou licitations) and other like matters concerning family affairs and successions.

XII. And be it enacted, That every Board of Notaries may, from time to time, and as often as they shall think proper, elect from among the members thereof, or from the other Notaries of the District, one or more Notaries not exceeding three: who after having received sufficient notice of their appointment, and after they shall have been sworn at some sitting of a Court of civil jurisdiction, to the faithful and impartial discharge of the duties imposed on them by this Act, and which they shall be bound to perform under a penalty of five pounds currency, shall visit the offices, records, minutes, repertory and index of inculpated Notaries, when such inculpation shall appear so serious as to deserve to be punished by fine or by suspension or dismissal in cases of forgery, fraud or corruption; to establish whether such inculpated Notaries have conformed to the laws of this Province, and the requirements of this Act, and to obtain information on all matters and things mentioned in the instructions which they shall receive from the Board of Notaries, to whom they shall make a faithful and circumstantial report; and every Notary who shall refuse either to permit the visit of the Notary so delegated by the Board of Notaries for his district, or to grant him access to his papers, shall for every refusal incur a penalty of ten pounds currency, to be recovered in a summary manner before the nearest Justice of the Peace: Provided always, that no Notary so delegated to make any such visit shall be required to make more than one visit in three years; and that he shall be entitled to receive, out of the common fund of the Board of Notaries in whose jurisdiction he shall be, such sum as the said Board shall think proper: Provided that such sums shall not exceed One pound five shillings for every day usefully employed in making the said visit, including Declaration of Nota- daily expenses and disbursements, and including also the said report.

Proviso.

Proviso.

ries not to be made in Superior Court.

What shall be a classical education under the Act,

Preamble.

XIII. And be it enacted, That the enregistration of the Declarations of Notaries and of certificates of admission to the profession shall not hereafter be made in the office of the Prothonotaries of the Superior Court, any provision relating thereto in the Act above cited to the contrary notwithstanding.

XIV. And be it enacted, That the regular classical education mentioned in the seventeenth section of the Act above cited, shall comprise the same branches as are taught during five years in the Seminaries or Colleges mentioned in the fourteenth section of the said Act.

CAP. XL.

An Act to repeal two certain Acts therein mentioned relating to Agriculture, and to provide for the remedy of abuses prejudicial to Agriculture.

WH

[ 10th August, 1850. ]

HEREAS it is expedient to repeal the Act and Ordinance hereinafter mentioned, and to provide more effectually for the prevention of certain trespasses, abuses and evil practices which prevail in Lower Canada, and retard the progress of Agriculture therein: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under

the

Repeal of 6 Wm. 4 c. 56 and 30 Geo. 3, c. 4.

the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the Act of the Legislature of Lower Canada, passed in the sixth year of the Reign of His late Majesty King William the Fourth, intituled, An Act to repeal a certain Act therein mentioned, and more effectually to remedy divers abuses prejudicial to Agriculture, and the Ordinance of the Province of Quebec, passed in the thirtieth year of the Reign of King George the Third, intituled, An Act or Ordinance for preventing Cattle from going at large, be, and the same are hereby repealed, Repealed Ats not to but no Act or Law thereby repealed shall revive, but shall be and remain repealed; this revive. Act being substituted for all other Acts heretofore passed on the subject to which it

relates.

II. And be it enacted, That from and after the passing of this Act, no person shall enter into or pass through any field, whether it be sown or unsown, nor along the banks of any river or rivulet, nor into, nor through any garden, coppice or other property whatsoever, without the permission of the proprietor, or some person duly authorized by him to grant such permission, under a penalty of not less than five shillings nor more than thirty shillings currency, for every such offence, and over and above the amount of all damages occasioned thereby, any law usage or custom to the contrary notwithstanding; which penalty or damages, or both, may be recovered before any one Justice of the Peace, who shall decide the matter in a summary way, either on view or on confession of the party complained against, or on the oath of one credible witness: Provided always, that it shall be lawful for any landholder, or for his representative or servant, to arrest without warrant any person taken in the act or contravening this section, and to carry him or cause him to be carried forthwith before one of the nearest Justices of the Peace, in order that such Justice of the Peace may decide summarily on the complaint

III. And be it enacted, That any person who shall leave open any gate, or pull down, cut, break, remove or injure any fence or part of any fence, or cut or destroy any hedge, or shall cut, bark, fell or remove any tree, shrub or plant, or fell or cut or remove any tree, or any part of a tree on the land of any other person, or take any skiff, scow, batteau or canoe belonging to any other person from the banks of any river, for any purpose whatsoever, or shall burn any wood on any such land for any purpose whatsoever, without leave from the proprietor or his representative, every such person shall, for every such offence committed in the day time, incur a penalty which shall not be less than five shillings nor more than thirty shillings currency, and shall be double the said sums if the offence be committed in the night time, over and above all damages; which damages or penalty not exceeding six pounds five shillings, or both, may be recoverable before one Justice of the Peace; and that any person who shall have thrown down or carried away any part of any fence, or shall be found on any land, highway or by-road, with any portion of the materials of any fence in his possession, may be detained by any landholder of the vicinage, or any person in the service of such landholder, and carried before one of the nearest Justices of the Peace, who may cause the person so accused to be detained until more ample enquiry can be made, for any time not exceeding twenty-four hours, and who may deal with such person according to the circumstances of the case and according to the requirements of this Act.

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Justice to summon

infringing this Act.

before him parties

IV. And be it enacted, That any Justice of the Peace, upon complaint on oath before him of any infringement of the provisions in this Act contained, shall issue his warrant, directed to a bailiff, constable or sergeant of militia, for the apprehension of any person charged with any offence against any of the provisions of this Act, or his summons for the appearance before him or any other Justice of the Peace, of any such person, and shall summarily hear and determine upon the complaint, on the evidence of one credible witness other than the prosecutor, and pronounce a judgment according to the requirements of this Act: Provided always, that the penalties hereby imposed or authorized Proviso: how penalties to be imposed, shall be levied forthwith by warrant of distress and sale of the goods

and

shall be enforced.

When offender is a squatter, &c., he may be committed.

Complaint for damages by trespass

animals how to be

Proviso.

Proviso.

Witnesses may be summoned.

Proviso.

Abandon of animals forbidden.

Penalties for contravention.

and chattels of the offender, and if sufficient goods and chattels cannot be found, or if the penalties shall remain unpaid for the space of eight days after such conviction, such Justice shall commit the offender to the Common Gaol until such penalty with the costs of prosecution shall be paid; Provided always, that no person shall remain so committed for a longer time upon any one conviction for the cause aforesaid than thirty days.

V. And be it enacted, That whenever it shall appear to such Justice of the Peace, by the oath of the prosecutor, or that of one witness, that an offender against any of the provisions of this Act, is a squatter, or a stranger or person without real property in the Parish or Township, or other means to secure the payment of such penalty and costs imposed under authority of this Act, such Justice of the Peace shall commit him to the Common Gaol for a time not exceeding sixty days.

VI. And be it enacted, That for damages sustained by the trespassing of horses, mules, cattle, or other domestic animals, or poultry, any person may lay his complaint before one of the nearest Justices of the Peace, who shall immediately command the Road Surveyor for the division of the Parish or Township in which the offence is committed, forthwith to give notice to the complainant, as well as to the person or persons complained of, and immediately thereafter to proceed to assess the damages in the presence of the parties, or in their absence when duly notified; and thereupon, the said Road Surveyor shall report the same in writing to such Justice of the Peace, who shall hear the parties, and if good cause be not shown to the contrary, thereupon, allow the prosecutor the amount thereof, with the costs and charges of the view and report, and of prosecution, and shall cause the same to be levied in the manner prescribed by this Act: Provided always, that if on hearing the parties the Justice of the Peace shall see fit to acquit the defendants, then the complainant shall be condemned to pay the costs; And provided also, that the said Justice of the Peace shall allow to the Road Surveyor a reasonable remuneration for his trouble, and in case of the Road Surveyor being sick, absent, interested or otherwise unable to act, the Justice of the Peace shall name another respectable and competent person.

VII. And be it enacted, That every such Justice of the Peace may, on the application of either party, issue subpoenas to compel the attendance of witnesses before him or before the said Road Surveyor or other person named as aforesaid, and may swear them in the usual manner, to give true evidence, and may enforce obedience to every such subpoena, and punish or cause to be punished any disobedience thereto, by the usual course of law: Provided that the Road Surveyor, or other person named as aforesaid, shall also have the power to swear such witnesses as may appear before him to give evidence.

VIII. And be it enacted, That it shall not be lawful for any person whomsoever, at any season of the year, to allow his horses, mules, neat cattle, sheep, goats, hogs or any other animal whatever, or poultry, to stray upon any land which does not belong to him, without the permission of the owner thereof, or of his representative, or upon any beach, highway or public place; and whenever any horse, mule, neat cattle, sheep, goat or hog, or any other animal whatever, or poultry, shall be found straying in any such place, the owner of any such horse, mule, neat cattle, sheep, goats, hogs, or any other animal whatever, or poultry, shall (over and above the damages which he may be condemned to pay to the person complaining) incur the following penalties, that is to say: for each mare, gelding, colt or filly, One Shilling and Three Pence currency; for each ox, cow or calf, One Shilling currency; for each sheep or goat, Three Pence currency; for each hog, Two Shillings and Six Pence currency; for each bull or boar or ram, Twenty Shillings currency; for each stallion, Fifty Shillings currency; for each goose, duck, turkey or head of other poultry of any kind, Three Pence currency; and double the said sum for the second time, treble for the third time, quadruple the fourth time, and in that proportion on every subsequent occasion that such animals or poultry shall respectively be seen or found straying upon any lands or fields

without

without the permission of the proprietor thereof or his representative, or on any highway, beach or public place.

Proprietors &c. of

land may seize and straying on their land.

impound animals

IX. And whereas it is expedient to give proprietors or occupiers of lands, who take animals or poultry straying on their lands or in their fields, the right of detaining and keeping them until the penalty and damages by this Act attached to the offence committed, shall have been paid, Be it enacted, That any proprietor or occupier of land, or his servants or representatives, may seize and send to the Pound, or may take and detain any animal or poultry which he or they shall find straying on his land, or in his fields without his permission, and may detain the same until the owner thereof shall have paid the penalty and damages hereby attached to the offence committed; and that when any animal shall be seen straying on any beach, road or public place, it shall be lawful for the Road Surveyor, or any Overseer under him, or for any freeholder whomsoever of the Parish or Township, to take and send to the Pound, or to detain such animal until the proprietor thereof shall have paid the fine hereby attached to the offence committed: Provided always, that the person who shall have Proviso: proceedings so taken any animal, shall give notice thereof as early as possible to the owner, if in such case. known to him, and to the nearest Pound-Keeper in the Parish or Township, if there be a Pound established therein; and if the owner of such animal shall not, within twenty-four hours, come forward and claim the same, and pay to the persons seizing or detaining them, the penalty incurred, with the cost of keeping such animal, or if the person detaining it shall not know the owner thereof, he shall cause public notice to be given that such animal has been so taken and detained, with a description thereof, at the doors of the churches of the Parish or Township on two consecutive Sundays immediately after divine service in the forenoon, and in the same manner on the second Sunday at the doors of the churches in the nearest Parish or Township to the spot where the animal is found, if before that time the owner shall not claim the said animal, and pay the penalty and costs of keeping the same, in which notice the time and place of sale shall be specified; or if there should be no church in the place, he shall give such other publie notice as may be considered sufficient, according to the custom of the Parish or Township or Settlement in which such animal shall be so detained Provided always, that when notice shall have been given in the manner Proviso: if animal be aforesaid, on two consecutive Sundays, of the seizure and detention of any horse, mule, not claimed. neat cattle, sheep, goats, hogs or any other animal whatever, or poultry, then if such animal or poultry is not claimed and the penalty and costs paid as aforesaid, it shall be lawful for the person who shall have such animal or poultry in his possession, to cause the same to be sold on the Monday next after the last notice shall have been given, by public auction, at the hour of noon: Provided always, that the said auction shall take Proviso. place near some church door or other place of public worship in the locality, or at the most public and frequented place: Provided the persons intending to sell such animal shall give at least two days' notice of such sale to the Road Surveyor, who shall be bound to attend at such sale, or in case of his absence, through sickness or otherwise, one of the Overseers under him shall, upon being notified of such sickness or absence, act for him, and who shall sell the animal in the capacity of auctioneer and receive the proceeds of the sale, and out of the proceeds of the sale, which shall be paid to the Road Surveyor or the person acting for him, by the purchaser, the person having detained the animal shall be entitled to receive from the Road Surveyor the penalty incurred and the reasonable costs of keeping the animal while detained, (which shall be estimated by any Justice of the Peace) with all damages sustained by such detainer; and the balance shall be paid into the hands of the Secretary-Treasurer of the Municipality, who shall pay it over to the owner of the animal as soon as he shall be known; or if such owner shall not become known to him within a year, it shall become the property of the Parish or Township and be applied to the improvement of the bridges and highways therein, under the supervision of the Municipality; and such Surveyor or Overseer of Roads shall report to the nearest Justice of the Peace the due application of the proceeds of the sale of any such animal, within eight days after the sale, under a penalty of Ten Shillings currency,

Proviso: notice of

sale: how the proceeds shall be applied.

Biddings of strangers may be refused.

Proviso.

Proviso.

Parties receiving

cattle to pasture, responsible for damage done by them.

Proviso.

Duty of Justice of the Peace in the case of rabid dogs.

Penalty.

Proviso: evidence required.

X. And be it enacted, That the Road Surveyor, or his representative, shall have the right of refusing all biddings at the sale of any such animal or poultry from any person unknown, or a stranger in the Parish or Township, or known to be insolvent, until such person shall have given security to the satisfaction of such Road Surveyor or his representative; and the person becoming surety in such case shall be responsible for the price in the same manner as if he were the purchaser: Provided always, that if the Road Surveyor should see fit the sale shall not be binding unless the price be instantly paid, in which case, at the option of the Road Surveyor, the animal or poultry shall be put up and sold again under the same rules: And provided also, that if any such animal or poultry is sold at any such subsequent sale for a less amount than was bid at the first or any former sale, the Surveyor may sue the party who shall have made such bid at such first or former sale before a Justice of the Peace for the recovery of the difference between the amount bid at such first or former sale and the amount for which such animal or poultry shall be sold at such subsequent sale; and the oath of such Surveyor shall be good and sufficient evidence in the said suit, and shall entitle him to the recovery of the said difference with costs.

XI. And be it enacted, That any proprietor or occupier of land, who shall receive cattle to pasture on his lands or grounds, or shall permit cattle belonging to others to stray or pasture on his lands or grounds, shall be responsible for such cattle as if he were the owner thereof, without its being necessary that the name of the owner should be ascertained: Provided always, that the complainant may in any case cause the summons or complaint to be served on any grown-up person belonging to the family, in any house built on the land whereon the animals committing the damage are at pasture, and that such service shall be sufficient even if the owner or occupant of the land should not have his domicile there or should be absent.

XII. And be it enacted, That it shall be the duty of every Justice of the Peace, on complaint to him made, that any dog belonging to or kept by any person, has bitten any person, horse, cattle or sheep on any spot not included within the property of his owner, or is supposed to be rabid, or has pursued any person or ridden horse, or any horse harnessed to any carriage on the highway, after having heard such complaint in a summary manner, to condemn the person against whom such complaint shall have been made, to pay the costs incurred on such complaint, if proved according to the provisions of this Act, and to order, by a writing under his hand, the owner or keeper of such dog, to keep or cause the same to be shut up for forty days, under a penalty, to be paid by such owner or keeper of such dog, not exceeding Two Shillings currency, for each day that such dog shall be suffered to be at large before the expiration of the said forty days; Provided always, that in all cases wherein it shall be proved before such Justice of the Peace, by two or more witnesses worthy of credit, that the dog concerning which such complaint shall have been made, is vicious both with regard to travellers or ridden or harnessed horses, and is in the habit of pursuing or biting them, then and in such case, such Justice of the Peace may in the manner herein set forth, order the owner or keeper of such dog to kill it or cause it to be killed, and condemn such owner or keeper thereof, to pay, in addition to the costs above mentioned, a penalty of Five Shillings currency, for every day such dog shall be allowed to live after the said order. XIII. And whereas it frequently happens that great mischief is done in the country dogs strangling sheep parts by dogs which chase and strangle sheep; and whereas it is sometimes very difficult to prove that the mischief has been occasioned by such dogs: Be it therefore enacted, That it shall be lawful for any person to kill any dog which shall be seen at large in any field being the property or in the occupation of such person or his employer, and chasing or known to have chased sheep, or to complain thereof to any Justice of the Peace, who shall on such complant summon the owner of the dog to appear before him, and may order him to kill such dog, and shall condemn such owner to pay the costs of such complaint, and such owner shall incur a fine of Five Shillings currency, for every day during which such dog shall be suffered to live after such order.

Provision in case of

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