II. And be it enacted, That from and after the publication hereof, all persons, whosoever, who shall or may locate, settle, or place any person or persons whomsoever, on any lands belonging to or vested in the Crown, whether held in trust for any public ia- purpose or otherwise, or who shall or may occupy any such lands in any manner without de having first obtained a grant thereof, or licence, or leave in writing for that purpose from the Lieutenant-Governor or other person or persons authorized to grant the same, shall or may be prosecuted for the same, and shall forfeit and pay a sum not exceeding twenty pounds, to be recovered in a summary manner in Her Majesty's Supreme Court of Judicature, with costs, and to be applied to and for the use of Her Majesty's Government of this island. of on ry III. And be it enacted, That any person or persons who shall hereafter cut down or fell any trees or wood of any kind or description, or bark or box any pine or other tree, es standing, growing or being upon any of the lands belonging to or vested in the Crown n in this island, whether .held in trust for any public purpose, or otherwise, or take or carry away therefrom any trees or wood of any kind or description, felled, cut down, lying or being upon any such lands, shall forfeit and pay for every such offence a penalty not exceeding thirty shillings, for every tree so cut down, barked or boxed, taken or carried away, together with reasonable costs of recovering the same; the said penalty and costs to be recovered by and on the oath of any person or persons who may prosecute and sue for the same, or on the oath of any other credible witness, before any two of Her Majesty's Justices of the Peace for the County wherein such offence shall be committed, provided the forfeiture sued for before such Justices shall not exceed the sum of ten pounds; but if the amount of penalty sought to be recovered for any offence shall exceed the said sum of ten pounds, then the same may be sued for and recovered, with reasonable costs, in a summary manner, in Her Majesty's Supreme Court of Judicature, by and on the oath of any person or persons who may prosecute and sue for the same, or on the oath of any other credible witness, one-half of the penalty to be paid to he the person or persons who shall prosecute and sue for the same, and the other half to al- be applied to and for the use of Her Majesty's Government of this island: provided be also, that such penalties shall be sued for within six calendar months next after the offence shall have been committed, and not afterwards on t 1 or all IV. And be it further enacted, That from and after the publication hereof, no person or persons shall cut down or fell any trees or timber, or bark or box any pine or other es, trees standing or growing upon any lands in this island, nor carry away the same thereds from, without first obtaining a written licence from the owner or owners thereof, or from the agent or attorney, on pain of forfeiting and paying a sum not exceeding thirty shillings for every tree removed, barked or boxed, together with reasonable costs of recovering. the same; the said fine to be paid to the owner or owners of such trees, and to be recovered before any two of Her Majesty's Justices of the Peace in this island, provided the the forfeiture shall not exceed the sum of ten pounds; but if the same shall exceed that sum, then to be recovered by due course of law in the Supreme Court of Judicature: provided always that such penalties as are last mentioned shall be sued for within six calendar months next after the offence shall have been committed, and not afterwards. V. And be it further enacted, That from and after the passing of this Act no fence shall be deemed sufficient to entitle the owner to sue for trespasses committed by any of gh, the animals hereinafter mentioned, upon the lands thereby enclosed, unless the same y shall be at least four-and-a-half feet high, and strong and substantial; and the judgment of the fence viewers for the district, as to its sufficiency, shall be conclusive to entitle the party injured to damages under this Act: provided always, that when the ground enclosed is in part bounded by a cape, or any inaccessible natural boundary, the decision he of the fence viewers of the district, as to its being sufficient or otherwise, shall be deemed ro conclusive; and no person shall be liable to any prosecution for trespass committed as last aforesaid, unless the same shall be commenced within three calendar months next. after they shall have taken place. to ess or of VI. And be it further enacted, That if any horses, neat cattle, hogs, sheep, or other lebeasts shall break into any ground (not being pasture land) enclosed as aforesaid, the ng s owner or owners thereof shall, for every such trespass, make reparation to the party ole injured to the full amount of the damages he or they shall have sustained, with costs of suit; and in order to ascertain the amount of such damages, the party injured may apply to the next Justice of the Peace, who is hereby empowered and required (upon the oath of complainant, or some other credible witness, as to the damage being done, and also stating who is or are the supposed owner or owners of, and the description of the trespassing beasts), to grant a warrant under his hand and seal to three of the nearest neighbours, empowering and requiring them to go to the ground so trespassed upon, and to view and appraise the damages, also giving notice to the owner or owners of the tres passing or any additi the sai same to appoint be levi VIII at large required beast to or negl five shi X. A any pas shall fo every h sheep o witnesse of recov field or authori two shi occasion XI. to the without passing to take compla or distri authoriz to the I deducti the pers notice, NORTH COLONIES. sing beasts, if known, to attend such appraisement, and to cause the said appraisers, any two of them, to return a certificate to him upon oath of the amount of the AMERICAN nages; and such Justice of the Peace shall have power, and he is hereby authorized 1 required, to direct and order a reasonable satisfaction to the said appraisers for their uble, according to the distance they shall have travelled, and other circumstances; ich allowance to the said appraisers, it is hereby declared, shall be considered as in lition to the amount awarded for the damages so done to the injured party, and ich the owner or owners of the trespassing beasts hereinbefore mentioned shall be liged to pay; and if not paid within one calendar month, the same, with the assessed nages, as aforesaid, and costs, shall be levied by warrant under the hand and seal of said Justice on the goods and chattels of the said owner or owners; and in order covery of dait the condition of the fence at the time of the trespass committed as aforesaid may Proof of ascertained (in case the owner or owners of the trespassing beasts herein before condition or ntioned should allege the same to have been insufficient), the proof thereof shall lie upon owner. on such owner or owners; and in case of such fence being proved to be insufficient, en and in such case the owner or owners of the trespassing beasts shall not be liable any damages whatsoever. Mode of re mages. fence to be damages. Penalty on neglect. VII. And be it further enacted, That when the damages so assessed shall have been Mode of ne or committed by cattle belonging to several persons, then the said appraisers shall apportioning portion the damages so assessed amongst the owners of such trespassing cattle, the ne to be recovered from each as herein before directed; and in case any appraiser, so pointed as aforesaid, shall neglect or refuse to yield due obedience to such warrant of praisement, he shall forfeit a sum not exceeding ten shillings, to be recovered on the appraiser for th of one credible witness, before the Justice who may have issued the same, and to levied on the goods and chattels of such appraiser, and another shall be appointed in s stead. VIII. And be it further enacted, That from and after the passing hereof, when proof all be made by two credible witnesses, residing in any settlement or district within is island, to any one of Her Majesty's Justices of the Peace, that any unruly beast is large, it shall and may be lawful for such Justice, and he is hereby directed and quired to notify the owner of such beast of the proof so made, and to order the said east to be confined; and if after such notice the owner of any such beast shall refuse neglect to take up and keep the same confined, he or she shall be liable to a fine of ve shillings for every day such beast shall be seen at large, after the notice so given; e said fine to be recovered as hereinbefore last directed, and paid into the treasury of is island, for the use of Her Majesty's Government. IX. And be it further enacted, That the owner of every such unruly beast shall, if he she neglect to take up and confine the same, after receiving such notice as aforesaid, e liable to all the damages occasioned by other cattle following such unruly beast into y enclosed ground, as aforesaid; the same to be recovered and paid as hereinbefore last rected. Justice of the Peace may order. owner to confine unruly Penalty for neglect. Owner of such beast fedamages. Penalty on owner of horses, &c., breaking into ground. pasture entering en sion. X. And be it further enacted, That if any horses, neat cattle or sheep shall break into my pasture ground, fenced in manner herein before specified, the owner or owners thereof all forfeit and pay to the party aggrieved by the same as follows, that is to say: for very horse, three shillings; for every head of neat cattle, two shillings; and for every heep or lamb, sixpence; to be recovered on the oath of one or more credible witness or itnesses, before any one of Her Majesty's Justices of the Peace, together with the costs recovering the same; and if any person shall enter into or pass through any enclosed Penalty for eld or garden without the permission of the occupier thereof, or some person duly closed field or uthorized by him to grant such permission, he or she shall be liable to a penalty of garden without permisvo shillings and sixpence for each offence, over and above the amount of all damages ccasioned thereby, to be levied, recovered, and paid as last herein before directed. XI. And whereas the running at large of boar pigs is found to be highly prejudicial o the breed of hogs within this island, and the practice of allowing swine to go at large ithout rings has been found injurious: Be it therefore enacted, that from and after the assing hereof, it shall and may be lawful to and for any person or persons whomsoever o take up any boar pig of three months old or upwards found at large, and upon at large may omplaint made by him or them to the nearest Justice of the Peace, within the county district where the said boar pig shall be so found at large, the said Justice is hereby authorized and empowered to cause the same to be sold by public auction, and to pay o the person or persons who shall take up the same, the proceeds of such sale, after educting reasonable costs and expenses: Provided, that no such pig shall be sold until before sale, to he person who may have taken the same up shall have given at least three days' public be returned to otice, in writing, of such intended sale, by posting the same up at three of the most Any boar pig, &c., found be taken up. If claimed owner, &c. public places in the district; and if the owner of such pig shall claim the same before sale, he shall be entitled to have the same returned to him, on payment of a fine not exceeding ten shillings, to be determined by the Justice to whom the complaint shall have been made, which fine shall be paid to the person or persons who shall have taken up the said pig. XII. And be it further enacted, That it shall and may be lawful for any person whomsoever to take and seize all swine going at large within any township or settlement, or on any of the highways in this island, without being ringed in the nose, so as effectually to prevent them from rooting or digging; and upon proof thereof on the oath of one or more credible witness or witnesses, before any one of Her Majesty's Justices of the Peace for the county in which such township or settlement or highway shall be situated, the owner thereof shall be, by the said Justice, fined in the sum of two shillings and sixpence, and reasonable costs, for every pig so seized, as aforesaid; and if the said fine shall not be paid within three days, or if no owner shall appear to claim the said swine, after notices having been posted up for three days, at three of the most public places within the district, that then the said Justice shall order the said swine to be sold, and shall pay the proceeds of such sale, or fine, to the person or persons who shall have taken up such swine, after deducting reasonable costs and expenses. XIII. And whereas the seeds of thistles growing on the land or ground of one proprietor are frequently driven by the wind, or otherwise conveyed upon the lands and grounds of the adjoining proprietors: Be it therefore enacted, that it shall be lawful for any proprietor or occupant of land, at any time between the first and thirty-first days of July, in each year, by verbal notice in the presence of one witness, or by notice in writing left at the dwelling-house of the person to whom it may be addressed, or in case of undivided lands, in which several persons are interested, by notice to be posted up in the most conspicuous place near to such undivided lands, to require any proprietor or occupier of any adjoining lands or piece of ground not sown, not being a meadow in crop, or the persons being interested in such undivided lands as aforesaid, to destroy or cut down all such thistles as may be then growing on such adjoining land or piece of ground, the proprietor or occupier of land giving such notice having himself first destroyed or cut down all thistles on his own fields or grounds adjoining: and if the thistles so required to be destroyed or cut down are not entirely destroyed or cut down at the expiration of six days from the date of such notice, then it shall be lawful for any Justice of the Peace, upon complaint duly made before him, on the oath of one credible witness other than the complainant, or on the confession of the party complained of, to order, in writing, the proprietor or occupier, or other person against whom such complaint shall be made, to destroy or cut down such thistles within a period to be assigned by such Justice of the Peace, under a penalty on such proprietor or occupier, or other person as aforesaid, of five shillings for every day such thistles shall remain standing or growing after the time allowed by the Justices for destroying or cutting the same down, with the expenses incurred in obtaining such order and recovering the said fine; the same to be recovered before the Justice of the Peace who may have granted the order last aforesaid, and be levied by warrant of distress against the goods and chattels of such offender or offenders. XIV. And be it further enacted, That if any person or persons shall do or commit any damage, injury or spoil, to or upon any building, fence, hedge, gate, stile, guide post, mile stone, or post, tree, wood, underwood, orchard, garden, nursery-ground, crops, vegetables, plants, land, or other matter or thing growing or being thereon, or to or upon real or personal property of any nature or kind soever, whether wilfully and maliciously or otherwise, and shall be thereof convicted within six calendar months next after the committing of such injury before any Justice of the Peace for the county or place where such offence shall have been committed, either by the confession of the party offending, or by the oath of one or more credible witness or witnesses, or of the party aggrieved in the premises, which oath such Justice is hereby empowered to administer, every person so offending and being thereof convicted as aforesaid, shall forfeit and pay to the person or persons aggrieved such a sum of money as shall appear to such Justice to be a reasonable satisfaction or compensation for the damage, or injury, or spoil so committed, not exceeding in any case the sum of five pounds over and above the costs of recovering the same, which said sum of money and costs shall be paid to the person or persons aggrieved; but in case such conviction shall take place on the sole evidence of the party aggrieved, then and in such case such satisfaction and compensation shall be paid into Her Majesty's treasury, towards the support of Her Majesty's Government of this island; and in default of payment of the sum of money in which the offender or offenders shall have been so convicted as aforesaid, immediately, or within such time as the Justice shall app jail for a any term XVII. provisions before wh provisions the follow Be it ro thousand one of He A. B. (he committed Justice, do forfeit and and do ord according Give XVIII. shall be fourteenth complaint been so inj under such thereof, th any action prosecuted XIX. A NORTH AMERICAN COLONIES. In case of mitted on any appoint at the time of conviction, together with all costs, charges, and expenses ding the conviction, such Justice shall and may commit such offender or offenders e common jail for any time not exceeding three calendar months, unless such lty, costs, and charges shall be sooner paid and satisfied: provided always, that if lamages, injury, or spoil, shall have been done or committed as aforesaid, to or damage comany church, chapel, bridge, building, common way, or other property whatsoever, species of pubher real or personal, of a public nature, or wherein any public right is concerned, lic property. all and may be lawful to or for any such Justice to proceed against and convict the der or offenders within the time aforesaid, and in manner aforesaid, in any sum not eding five pounds, over and above the costs of recovering the same, as to such Justice seem just and reasonable, at the instance, and upon the information, of any person cuting such offender or offenders, and to order and direct one moiety of the sum ited for such offence to be paid to the person so prosecuting, and the other moiety he use of Her Majesty's Government as aforesaid; and in default of payment of the in which any such offender or offenders shall have been so convicted as last said, together with all costs, charges, and expenses attending such conviction as said, such Justice shall and may commit such offender or offenders to the common for any time not exceeding three calendar months, unless such penalty, costs, and ges shall be sooner paid and satisfied. Offenders V. Provided also, and be it further enacted, That if any person or persons, under ge of sixteen years, shall offend against either of the last two foregoing clauses of under 16 years of age, how Act, it shall be lawful for the Justice, before whom he, she, or they shall have been punished. icted, in default of payment of the sum of money awarded against him, her, or by the said Justice, together with all costs, charges and expenses attending such iction, immediately, or within such time as the Justice shall appoint at the time of iction, to commit such offender or offenders to the common jail, there to be kept for term not exceeding six weeks. VI. And for the more easy bringing of offenders against the fourteenth and fifteenth -ons of this Act to justice: Be it further enacted, That it shall and may be lawful to for any constable, and to and for the owner or owners of any property so damaged, red, or spoiled, and to and for his, her, or their servants, or other person or persons ng by or under his or their authority, and to and for such person or persons as he, or they may call to his, her, or their assistance, without any warrant or other ority than by this Act, to seize, apprehend, and detain any person or persons who I have actually committed, or be in the act of committing, any offence or offences nst any of the provisions contained in the said fourteenth and fifteenth sections of Act, and take him, her, or them before any Justice of the Peace for the county or e where the offence or offences shall have been committed, and such Justice is by empowered and required to proceed and act with respect to such offender or ders in manner by this Act directed. Offenders against 14th tions may be tained without warrant. and 15th sec seized and de Form of conviction VII. And for the more easy and speedy conviction of offenders against any of the isions contained in this Act: Be it further enacted, That every Justice of the Peace, under this. re whom any person or persons shall be convicted of any offence against any of the Act. visions contained in this Act, shall and may cause the conviction to be drawn up in following form of words, to the same effect, as the case may happen, viz. :— Be it remembered, that on the sand eight hundred and day of in the year of our Lord one of Her Majesty's Justices of the Peace for the county of Given under my hand and seal, the day and year first above written. And creat damar is on occasioned to Conviction and punish ment may be pleaded in bar of any suit for same offence. Owner of d under cultivation, by geese, turkeys, and ducks belonging to persons other than h proprietors or occupants: Be it therefore enacted, That it shall and may be lawful any person, being proprietor or occupant of such lands where any such damage is asioned, to make complaint thereof before any one Justice of the Peace, and on proof reof by one credible witness other than the informer, the owner of or possessor of h geese, turkeys, and ducks shall be adjudged to pay a penalty not exceeding one lling for each goose, turkey, or duck having been found occasioning such damage, ether with costs of recovering the same, the said fine to be paid to the person or sons sustaining such damage as aforesaid; and in case such fine be not paid within h time, not exceeding fourteen days, as such Justice shall see fit, the person adjudged pay such fine shall be committed to the common jail of the county wherein such offence committed for a period not exceeding fourteen days, unless such sum be sooner paid. XXI. And be it further enacted, That when any person or persons shall be convicted, the oath or oaths of one or more credible witness or witnesses, before any one of Her jesty's Justices of the Peace, of having wilfully and maliciously cut, maimed, or killed horses, neat cattle, sheep, or swine within this island, it shall and may be lawful such Justice, and he is hereby authorized to fine any such offender or offenders in a n not exceeding five pounds over and above the costs of recovering the same; and, a further punishment, such Justice is hereby required to commit every such offender offenders to prison for a period not exceeding thirty days, nor less than ten days, and ther for any term not exceeding sixty days, or until such fine and costs shall be paid: ovided always, That when the damages shall exceed five pounds, the party aggrieved y proceed to recover the same by action in Her Majesty's Supreme Court of Judicature, I therein full double damages shall be given; and the offender may also be proceeded inst by indictment, and, upon conviction, shall be liable to imprisonment in the nmon jail for a period not exceeding six calendar months. XXII. And be it enacted, That no judgment of nonsuit or judgment for the defendant ll be given by any Justice or Justices of the Peace under this Act, only in consequence the defendant suggesting or setting up a claim of title to land in himself, or others n the plaintiff as aforesaid; but in all such cases the Justices shall, and they are eby required, to enquire and investigate into the whole complaint and defence made ore them, and give judgment on the whole evidence adduced, whether title to land y or may not be part of that evidence, any practice or usage heretofore to the contrary withstanding. XXIII. And be it enacted, That it shall and may be lawful for either the plaintiff defendant, in any case which shall be adjudicated under the provisions and by the hority of this Act, to appeal to the Justices of Her Majesty's Supreme Court of licature, within forty-eight hours from the time of such adjudication, in the manner mitted to any plaintiff or defendant in and by an Act passed in the seventh year of Her sent Majesty's reign, intituled "An Act relating to the recovery of small debts, and to eal certain Acts therein mentioned," and upon complying with the provisions of the Act regarding appeal, the Justices of the said Court may, and they are hereby horized and empowered, to allow costs to the appellant or respondent in appeals, as such Justices, in their discretion, shall appear proper, and to affirm, quash, or otherse alter or vary the judgment given below, with or without costs, or with such portion the full costs for or against either party, as to the said Justices shall seem reasonable, ording to the nature of the case, as it may appear to them on the hearing of any such peal, and thereupon to enforce their said judgment in the way and manner prescribed and by the said last hereinbefore recited Act. XXIV. And be it further enacted, That no judgment of any Justice or Justices of the ace given under this Act, or judgment or decision of the Supreme Court, on any peal from any judgment of any Justice or Justices of the Peace under this Act, shall pleaded in bar or justification, or otherwise, in any Court, by the party who may we obtained the same, in order to support or defeat any title to lands, tenements, or editaments within this island. XXV. And be it further enacted, That in the construction of this Act, words porting the singular number only, shall include the plural number, and words porting the plural number only shall include also the singular number; words porting the masculine gender shall include females, except the context excludes such struction. A true copy, which I certify. 9th September, 1870. (Signed) DENNIS O. M. REDDIN, *The 20th section of the above Act, relating to the running at large of geese within Charlottetown, ing been repealed by a bye-law of the City of Charlottetown, passed under the powers vested therein er the Act of Incorporation, has been omitted. AN A WHER upon t island. I. B that fr or dest fruit, sl or bein house, island, the Pea within more C the part such pe mitted t mitted, more th the arti less tha the goo levy, su such M one cale II. T persons shall be recovere III. 1 offence within t against informe shall no IV. A follows moiety, be paid Majesty Treasur V. T thereof. 9th S Co (No. MY LOR 1 relative |