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Limits 'thie time within

ties are to be sued for.

persons cutting down or

NORTH II. And be it enacted, That from and after the publication hereof, all persons, whosoAMERICAN

ever, who shall or may locate, settle, or place any person or persons whomsoever, on any COLONIES.

lands belonging to or vested in the Crown, whether held in trust for any public Appropria- purpose or otherwise, or who shall or may occupy any such lands in any manner without tion and mode having first obtained a grant thereof, or licence, or leave in writing for that purpose

from of recovery penalty. the Lieutenant-Governor or other person or persons authorized to grant the same, shal}

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 Governmeng

of this island. Penalty on

III. And be it enacted, That any person or persons who shall hereafter cut down or persons cut- fell any trees or wood of any kind or description, or bark or box any pine or other tree, ing away trees standing, growing or being upon any of the lands belonging to or vested in the Crown from Crown 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 the

person or persons who shall prosecute and sue for the same, and the other half to which penal- be applied to and for the use of Her Majesty's Government of this island : provided

also, that such penalties shall be sued for within six calendar months next after the

offence shall have been committed, and not afterwards Penalty on 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 barking trees

, trees standing or growing upon any lands in this island, nor carry away the same there&c., om lands from, without first obtaining a written licence from the owner or owners thereof, or from

private parties. the agent or attorney, on pain of forfeiting and paying a sum not exceeding thirty shil

lings 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 Limits 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: penalty shall 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 44 feet high, the animals hereinafter mentioned, upon the lands thereby enclosed, unless the same and strongly 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 Limits the of the fence viewers of the district, as to its being sufficient or otherwise, shall be deemed time for pro 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.

VI. And be it further enacted, That if any horses, neat cattle, hogs, sheep, or other horses, recantithe; beasts shall break into any ground (not being pasture land) enclosed as aforesaid, the into grounds owner or owners thereof shall

, for every such trespass, make reparation to the party fenced liable injured to the full amount of the damages he or they shall have sustained, with costs of to damages suit; and in order to ascertain the amount of such damages, the party injured may apply

time within which such

No fence to be deemed lawful unless

trespasses.

Owners of

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

and costs,

Mode of re

Proof of

Mode of

Justice of

beast.

passing beasts, if known, to attend such appraisement, and to cause the said appraisers, NORTH or any two of them, to return a certificate to him upon oath of the amount of the AMERICAN

COLONIES. damages; and such Justice of the Peace shall have power, and he is hereby authorized and required, to direct and order a reasonable satisfaction to the said appraisers for their trouble, according to the distance they shall have travelled, and other circumstances; which allowance to the said appraisers, it is hereby declared, shall be considered as in addition to the amount awarded for the damages so done to the injured party, and which the owner or owners of the trespassing beasts hereinbefore mentioned shall be obliged to pay; and if not paid within one calendar month, the same, with the assessed damages, as aforesaid, and costs, shall be levied by warrant under the hand and seal of the said Justice on the goods and chattels of the said owner or owners; and in order morgen, of dathat the condition of the fence at the time of the trespass committed as aforesaid may be ascertained (in case the owner or owners of the trespassing beasts hereinbefore condition or mentioned should allege the same to have been insufficient), the proof thereof shall lie upon owner. upon such owner or owners; and in case of such fence being proved to be insufficient, then and in such case the owner or owners of the trespassing beasts shall not be liable to any damages whatsoever.

VII. And be it further enacted, That when the damages so assessed shall have been done or committed by cattle belonging to several persons, then the said appraisers shall aumentioning apportion the damages so assessed amongst the owners of such trespassing cattle, the same to be recovered from each as herein before directed; and in case any appraiser, so appointed as aforesaid, shall neglect or refuse to yield due obedience to such warrant of Penalty on appraisement, he shall forfeit a sum not exceeding ten shillings, to be recovered on the appraiser for oath of one credible witness, before the Justice who may have issued the same, and to be levied on the goods and chattels of such appraiser, and another shall be appointed in his stead.

VIII. And be it further enacted, That from and after the passing hereof, when proof shall be made by two credible witnesses, residing in any settlement or district within the Peace this island, to any one of Her Majesty's Justices of the Peace, that any unruly beast is owner to con

fine unruly at large, it shall and may be lawful for such Justice, and he is hereby directed and required to notify the owner of such beast of the proof so made, and to order the said beast to be confined; and if after such notice the owner of any such beast shall refuse Penalty for or neglect to take up and keep the same confined, he or she shall be liable to a fine of five shillings for every day such beast shall be seen at large, after the notice so given ; the said fine to be recovered as hereinbefore last directed, and paid into the treasury of this 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 or she neglect to take up and confine the same, after receiving such notice as aforesaid, fiable for dabe liable to all the damages occasioned by other cattle following such unruly beast into mages. any enclosed ground, as aforesaid; the same to be recovered and paid as hereinbefore last directed.

X. And be it further enacted, That if any horses, neat cattle or sheep shall break into any pasture ground, fenced in manner herein before specified, the owner or owners thereof Owner of shall forfeit and pay to the party aggrieved by the same as follows, that is to say: for breaking into every horse, three shillings; for every head of neat cattle, two shillings; and for every ground. sheep or lamb, sixpence; to be recovered on the oath of one or more credible witness or witnesses, before any one of Her Majesty's Justices of the Peace, together with the costs of recovering the same; and if any person shall enter into or pass through any enclosed Penalty for field or garden without the permission of the occupier thereof, or some person duly closed field or authorized by him to grant such permission, he or she shall be liable to a penalty of garden with

out permistwo shillings and sixpence for each offence, over and above the amount of all damages sion. occasioned thereby, to be levied, recovered, and paid as last hereinbefore directed.

XI. And whereas the running at large of boar pigs is found to be highly prejudicial to the breed of hogs within this island, and the practice of allowing swine to go at large without rings has been found injurious: Be it therefore enacted, that from and after the passing hereof, it shall and may be lawful to and for any person or persons whomsoever Any boar to take up any boar pig of three months old or upwards found at large, and upon at large may complaint made by him or them to the nearest Justice of the Peace, within the county be taken up. or 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 to the person or persons who shall take up the same, the proceeds of such sale, after deducting reasonable costs and expenses : Provided, that no such pig shall be sold until before sale, to the person who may have taken the same up shall have given at least three days' public be returned to notice, in writing, of such intended sale, by posting the same up at three of the most

neglect.

Owner of

Penalty on

pig, &c., found

owner, &c.

taken up.

If no owner appears to claim, swine to be sold.

thereon.

NORTH public places in the district; and if the owner of such pig shall claim the same before AMERICAN sale, he shall be entitled to have the same returned to him, on payment of a fine not COLONIES.

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 Swine going

XII. And be it further enacted, That it shall and may be lawful for any person at large with- whomsoever to take and seize all swine going at large within any township or settlement, ringed may be 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. Proprietor, XIII. And whereas the seeds of thistles growing on the land or ground of one each year, may proprietor are frequently driven by the wind, or otherwise conveyed upon the lands and require owner grounds of the adjoining proprietors : Be it therefore enacted, that it shall be lawful for joining to de- any proprietor or occupant of land, at any time between the first and thirty-first days of stroy thistles 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 Penalty for such Justice of the Peace, under a penalty on such proprietor or occupier, or other not destroying

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 Mode of re- same to be recovered before the Justice of the Peace who may have granted the order covery thercof. last aforesaid, and be levied by warrant of distress against the goods and chattels of such

offender or offenders. Penalty for XIV. And be it further enacted, That if any person or persons shall do or commit injuring cany" any damage, injury or spoil, to or upon any building, fence, hedge, gate, stile, guide building, post, mile stone, or post, tree, wood, underwood, orchard, garden, nursery-ground, crops, fence, &c.

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 Conviction committing of such injury before any Justice of the Peace for the county or place where tik bea lemndlain 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 Penalty, aggrieved; but in case such conviction shall take place on the sole evidence of the party paid.

aggrieved, then and in such case such satisfaction and compensation shall be paid into In default Her Majesty's treasury, towards the support of Her Majesty's Government of this island; offender may and in default of payment of the sum of money in which the offender or offenders shali be committed have been so convicted as aforesaid, immediately, or within such time as the Justice to jail.

thistles.

months, and before whom.

how to be

In case of

Offenders

Offenders

warrant.

shall appoint at the time of conviction, together with all costs, charges, and expenses NORTH attending the conviction, such Justice shall and may commit such offender or offenders AMERICAN to the common jail for any time not exceeding three calendar months, unless such

COLONIES. penalty, costs, and charges shall be sooner paid and satisfied : provided always, that if any damages, injury, or spoil, shall have been done or committed as aforesaid, to or damage comupon any church, chapel, bridge, building, common way, or other property whatsoever, species of pubwhether real or personal, of a public nature, or wherein any public right is concerned,

lic property. it shall and may be lawful to or for any such Justice to proceed against and convict the offender or offenders within the time aforesaid, and in manner aforesaid, in any sum not exceeding five pounds, over and above the costs of recovering the same, as to such Justice shall seem just and reasonable, at the instance, and upon the information, of any person prosecuting such offender or offenders, and to order and direct one moiety of the sum forfeited for such offence to be paid to the person so prosecuting, and the other moiety for the use of Her Majesty's Government as aforesaid ; and in default of payment of the sum in which any such offender or offenders shall have been so convicted as last aforesaid, together with all costs, charges, and expenses attending such conviction as aforesaid, such Justice shall and may commit such offender or offenders to the common jail for any time not exceeding three calendar months, unless such penalty, costs, and charges shall be sooner paid and satisfied.

XV. Provided also, and be it further enacted, That if any person or persons, under the age of sixteen years, shall offend against either of the last two foregoing clauses of undere,& years this Act, it shall be lawful for the Justice, before whom he, she, or they shall have been punished. convicted, in default of payment of the sum of money awarded against him, her, or them by the said Justice, together with all costs, charges and expenses attending such conviction, immediately, or within such time as the Justice shall appoint at the time of conviction, to commit such offender or offenders to the common jail, there to be kept for any term not exceeding six weeks.

X.VI. And for the more easy bringing of offenders against the fourteenth and fifteenth sections of this Act to justice: Be it further enacted, That it shall and may be lawful to against th) 45ec and for any constable, and to and for the owner or owners of any property so damaged, tions may be injured, or spoiled, and to and for his, her, or their servants, or other person or persons tained without acting by or under his or their authority, and to and for such person or persons as he, she, or they may call to his, her, or their assistance, without any warrant or other authority than by this Act, to seize, apprehend, and detain any person or persons who shall have actually committed, or be in the act of committing, any offence or offences against any of the provisions contained in the said fourteenth and fifteenth sections of this Act, and take him, her, or them before any Justice of the Peace for the county or place where the offence or offences shall have been committed, and such Justice is hereby empowered and required to proceed and act with respect to such offender or offenders in manner by this Act directed.

XVII. And for the more easy and speedy conviction of offenders against any of the provisions contained in this Act: Be it further enacted, That every Justice of the Peace, under this. before whom any person or persons shall be convicted of any offence against any of the Act. provisions contained in this Act, shall and may cause the conviction to be drawn up in the following form of words, to the same effect, as the case may happen, viz. :Be it remembered, that on the

day of

in the year of our Lord one thousand eight hundred and

A. B., is convicted by and before me one of Her Majesty's Justices of the Peace for the county of

for that the said A. B. (here state the offence, and the time and place when and where the same was committed,) contrary to the statute in such cases made and provided; and I, the said Justice, do hereby adjudge and determine that the said A. B. shall, for his said offence, forfeit and pay the sum of

lawful money of this island, together with costs, and do order that the same shall forthwith be paid by him (here direct the payment according to the above mentioned sections of this Act).

Given under my hand and seal, the day and year first above written. XVIII. Provided always, and be it further enacted, That in case any person or persons shall be convicted of any offence against any of the provisions contained in the said ment" may be fourteenth and fifteenth sections of this Act, before any Justice of the Peace, on the pleaded in bar complaint or information of any person or persons, of public or private property having been so injured, damaged, or spoiled, and shall have paid the penalty, costs, and charges under such conviction, or shall have suffered the imprisonment awarded for nonpayment thereof, then, and in every such case, such conviction shall and may be pleaded in bar of any action, suit, or information that shall afterwards be commenced, instituted, or prosecuted for such and the same offence in any Court whatsoever. XIX. And whereas great damage is often occasioned to proprietors or occupants of

Form of

turkeys, geese,

Conviction

of any suit for same offence.

Owner of

each, and costs.

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to

horses, cattle, &c., how

Defines the

lands.

NORTH land under cultivation, by geese, turkeys, and ducks belonging to persons other than
AMERICAN such proprietors or occupants: Be it therefore enacted, That it shall and may be lawful
COLONIES.

for any person, being proprietor or occupant of such lands where any such damage is &c., trespass- occasioned, to make complaint thereof before any one Justice of the Peace, and on proof ing, liable to a thereof by one credible witness other than the informer, the owner of or possessor of

1s

such geese, turkeys, and ducks shall be adjudged to pay a penalty not exceeding one
shilling for each goose, turkey, or duck having been found occasioning such damage,
together with costs of recovering the same, the said fine to be paid to the person or
persons sustaining such damage as aforesaid ; and in case such fine be not paid within
such 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

is committed for a period not exceeding fourteen days, unless such sum be sooner paid. Cutting or XXI. And be it further enacted, That when any person or persons shall be convicted, maiming

on the oath or oaths of one or more credible witness or witnesses, before any one of Her

Majesty's Justices of the Peace, of having wilfully and maliciously cut, maimed, or killed punishable.

any horses, neat cattle, sheep, or swine within this island, it shall and may be lawful
for such Justice, and he is hereby authorized to fine any such offender or offenders in a
sum not exceeding five pounds over and above the costs of recovering the same; and,
as a further punishment, such Justice is hereby required to commit every such offender
or offenders to prison for a period not exceeding thirty days, nor less than ten days, and
further for any term not exceeding sixty days, or until such fine and costs shall be paid :
Provided always, That when the damages shall exceed five pounds," the party aggrieved
may proceed to recover the same by action in Her Majesty's Supreme Court of Judicature,
and therein full double damages shall be given; and the offender may also be proceeded
against by indictment, and, upon conviction, shall be liable to imprisonment in the
common jail for a period not exceeding six calendar months.

XXII. And be it enacted, That no judgment of nonsuit or judgment for the defendant power of Jus- shall be given by any Justice or Justices of the Peace under this Act, only in consequence Peace in pro- of the defendant suggesting or setting up a claim of title to land in himself, or others fecutions for than the plaintiff as aforesaid ; but in all such cases the Justices shall, and they are trespasses on

hereby required, to enquire and investigate into the whole complaint and defence made
before them, and give judgment on the whole evidence adduced, whether title to land
may or may not be part of that evidence, any practice or usage heretofore to the contrary
notwithstanding

XXIII. And be it enacted, That it shall and may be lawful for either the plaintiff to plaintił or or defendant, in any case which shall be adjudicated under the provisions and by the defendant in authority of this Act, to appeal to the Justices of Her Majesty's Supreme Court of

Judicature, within forty-eight hours from the time of such adjudication, in the manner
permitted to any plaintiff or defendant in and by an Act passed in the seventh year of Her
present Majesty's reign, intituled “ An Act relating to the recovery of small debts, and to
repeal certain Acts therein mentioned,” and upon complying with the provisions of the
said Act regarding appeal, the Justices of the said Court may, and they are hereby
authorized and empowered, to allow costs to the appellant or respondent in appeals, as
to such Justices, in their discretion, shall appear proper, and to affirm, quash, or other-
wise alter or vary the judgment given below, with or without costs, or with such portion
of the full costs for or against either party, as to the said Justices shall seem reasonable,
according to the nature of the case, as it may appear to them on the hearing of any such
appeal, and thereupon to enforce their said judgment in the way and manner prescribed
in and by the said last hereinbefore recited Act.

XXIV. And be it further enacted, That no judgment of any Justice or Justices of the pleaded in bar Peace given under this Act, or judgment or decision of the Supreme Court, on any to support or appeal from any judgment of any Justice or Justices of the Peace under this Act, shall lands, &c. be pleaded in bar or justification, or otherwise, in any Court, by the party who may

have obtained the same, in order to support or defeat any title to lands, tenements, or
hereditaments within this island.

XXV. And be it further enacted, That in the construction of this Act, words of terms used importing the singular number only, shall include the plural number, and words

importing the plural number only shall include also the singular number ; words
importing the masculine gender shall include females, except the context excludes such
construction.

A true copy, which I certify. (Signed) DENNIS O. M. REDDIN,
9th September, 1870.

Attorney-General. The 20th section of the above Act, relating to the running at large of geese within Charlottetown, having been repealed by a bye-law of the City of Charlottetown, passed under the powers vested therein under the Act of Incorporation, has been omitted.

Gives the

cases under this Act.

No judg

Construction

in

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