5. If the owner shall claim his property before sale, he CHAP. 69. shall be bound to pay the finder his reasonable expenses Fees payable of keeping, and also the town clerk's fee, and if advertised where property the reasonable expense of advertising.

claimed before

sale.

ownership or ex

tled.

6. If any question shall arise between the owner or Dispute as to overseers of the poor and the finder, either respecting penses, how setownership or expenses of keeping; either of the parties may apply to two justices of the peace, who shall determine the matter and make such order therein as may appear just.

proceeding as in

rected.

7. If any person who may have detained any such Fines for detainstray animal shall not within a reasonable time transmiting cattle and not the description and notice to the town clerk as hereinbe- this chapter difore directed, he shall forfeit for every horse or head of cattle not more than eight dollars, and for every hog or sheep not more than four dollars.

make regula

8. The sessions of any county or district may make re- Sessions may gulations for preventing or regulating the going at large tions, and affix of horses, cattle, or sheep, and may affix penalties for the penalties. breach of any such regulations, not to exceed ten dollars, and may also appoint cattle reeves.

affix penalties.

9. The general or any special sessions of the peace for sessions to make any county or district may make bye-laws to prevent the by-laws and running at large, on any public street, square, common or other public grounds within such county or district of any horses, asses, mules, cattle, sheep, or swine, and may affix penalties therefor, with powers of confiscation, forfeiture, and sale, if considered necessary. Such bye-laws Limited. may, if deemed advisable, be made to apply to particular portions of counties, districts or townships, to be set off by proper descriptions and boundaries. This section shall not apply to the City of Halifax.

CHAPTER 69.

OF THE GOING AT LARGE OF CERTAIN ANIMALS.

make regulations

dogs, &c.

1. The sessions shall make regulations for preventing Sessions shall the going at large of infected horses and cattle, and the respecting infect spreading of distempers among them, and also as to the ed cattle, geese, going at large of dogs, swine and of vicious animals and of geese, and shall affix penalties for breach of any such regulations, which penalties shall not exceed, as respects horses and cattle, twenty dollars, and as respects dogs, swine and geese four dollars.

CHAP. 71. Imprisonment

2. If judgment be given for any such penalty and the defendant shall not pay the same, and shall not have goods for want of goods whereon the same may be levied, he may be imprisoned for a period not exceeding one day for every one dollar of the penalty.

to pay fine.

Sessions may make regulations respecting

sea manure.

Private rights not affected.

CHAPTER 70.

OF THE GATHERING OF SEA MANURE.

1. The sessions may make regulations with regard to the collecting and taking away of sea manure which may be driven by the sea and lodged upon the shores and beaches; and if any person shall transgress such regula tions, he shall for every offence forfeit a sum not exceeding eight dollars.

2. Nothing in this Chapter contained shall extend to take away or abridge any private rights or interests in any of such shores or beaches.

Sessions may make regula

coasting.

CHAPTER 71.

OF COASTING ON HIGHWAYS, ROADS OVER ICE, AND GUIDE

BOARDS.

1. The sessions may make regulations for preventing tions respecting persons from coasting, skating or sliding on the snow or ice down the hills on highways or streets; and may impose a penalty not exceeding one dollar for breach of any such regulation.

Parents and masters responsible for penalties.

Sessions may make regula

over the ice.

2. The parents of minors and the masters of apprentices who shall transgress any such regulation shall be liable to the penalty therefor.

3. The sessions may make regulations for ascertaining tions respecting the safest track for roads over the ice on harbors, rivers, tracks and roads creeks, lakes or bogs, and for putting down or continuing bushes or other marks for defining the course of such roads, and to prevent the removal or destruction of such bushes or other marks; and may affix a penalty for breach of any such regulations not exceeding four dollars for each offence, which shall be applied, one-half to the person sueing, and the other half for county purposes.

4. The expenses incurred in putting down, continuing, CHAP. 72. repairing and protecting such marks, shall form a county Expenses, how charge.

paid.

how erected.

5. Whenever the general sessions or a special sessions Guide boards, called for the purpose, shall, by order direct that guide boards shall be erected on any public roads within their respective counties, and shall specify on what roads and branchings and crossings thereof such guide boards shall be erected, the surveyors of highways and road commissioners shall thereupon erect or set up, and afterwards keep and maintain all such guide boards within their respective districts.

each road, with

6. Every such guide board shall have an arm corres- Guide board to ponding to each road at the branching or crossing whereof have arm for it is erected, on which arm the name and distance of the names, &c. place to which such road leads shall be painted on a white ground in black letters and figures at least two inches in length.

how provided.

7. Surveyors of highways and road commissioners may Maintenance, appropriate so much of the statute labor or of the statute labor fund of their district as shall be sufficient to erect and maintain thereon the guide boards required by this Chapter. 8. Surveyors of highways or road commissioners Penalty for neneglecting to erect and maintain within their district the glect by surveyguide boarda required by this Chapter shall pay a fine not &c. exceeding ten dollars, to be appropriated one-half to the road fund and one-half to the prosecutor.

ors of highways,

CHAPTER 72.

OF THE TAXATION OF DOGS.

make regula

1. The sessions upon the recommendation of the grand Sessions may jury may make regulations relative to the taxation of dogs, tions relative to and may fix the amount to be paid annually by owners of taxation of dogs. dogs, not exceeding one dollar for each dog; and such regulations shall be published throughout the county for thirty days before they shall come into operation.

2. Dogs found chasing or worrying sheep may be killed; Dogs chasing and the owners of such dogs shall have no right of action she may be against the persons killing the same.

killed.

3. The owners of dogs that have been found chasing Penalty upon or worrying sheep shall be liable to a penalty not exceed. owners. ing twelve dollars, if on being notified of the fact they continue to allow such dogs to go at large.

CHAP. 73.

TITLE XV.

OF CERTAIN BIRDS AND ANIMALS.

No person shall kill or have in his possession

cock or snipe out of season.

OF THE

CHAPTER 73.

PRESERVATION OF USEFUL BIRDS AND ANIMALS.

1. No person shall take or kill, or attempt to take or kill, any partridge between the first days of January and Seppartridge, wood- tember in auy year, or shall sell, buy, or have in his possession, any partridge so taken or killed, between the said last mentioned days each inclusive, or shall take or kill, or attempt to take or kill, or have in his possession, any woodcock or snipe, between the first days of March and September in any year.

Fine for offence.

Moose and caribou, how many may be killed.

No snares

.

Moose killed,

Sept., Oct., Nov., and Dec.

2. Every offender shall forfeit two dollars for each of fence; and the killing, taking, or having, as aforesaid, each partridge, snipe, or woodcock, shall be deemed to constitute a separate offence.

3. No one person during any one year or season shall kill more than five moose or caribou; and no person shall set traps or snares for catching moose or caribou.

4. No person shall kill, or pursue with intent to kill, &c., only during any moose, save only during the months of September, October, November, and December, or shall expose for sale, or have in his possession, any green moose skin, or fresh moose meat, save only in the months aforesaid, and the first Caribou only be- five days in the month of January; and no person shall tween 1st March kill, or pursue with intent to kill, any caribou between the first days of March and September inclusive in any year. 5. Any person or party of huntsmen who may kill moose or caribou shall carry the flesh thereof out of the woods within three days after killing the animal, during the months of September and October, and within fourteen days thereafter during the months of November and December.

and Sept.

Flesh to be carried out of woods within what time.

Penalty for violation of three last sections.

6. Any person violating any one of the three next preceding sections shall be liable to a penalty of not less than twenty dollars, nor more than fifty dollars for each offence; to be recovered by any person who may sue for the same. And in case the amount of such penalty and costs be not paid, and the defendant in such prosecution be committed to jail, he shall not be admitted to the benefit of Chapter 137 of the Revised Statutes, Third Series, relating to insol

vent debtors, until after an imprisonment, without jail CHAP. 73. limits, of one day for each dollar of such penalty and costs.

prohibited.

7. The export from this Province of moose or caribou Export of moose hides is hereby prohibited and unlawful; and the hides or caribou hides attempted to be exported shall be forfeited; and the owner or person attempting to export the same shall, on conviction, be liable to pay a sum not to exceed five dollars on each hide, to be recovered in the name of any prosecutor in a summary manner before two justices of the peace, and, when recovered to go to the prosecutor.

be exported may

8. Any justice of the peace, constable or revenue offi- Hides about to cer may seize hides attempted to be exported under be seized by J.P. section seven; and it shall be the duty of a justice of the &c. peace on information on oath before him to issue a warrant addressed to any constable or peace officer to seize and secure hides so attempted to be exported; and, if the If not claimed, same are not claimed and proved to the satisfaction of the justice issuing the warrant not to be liable to forfeiture within ten days after the seizure, they shall be sold at public auction.

&c, sold.

9. If the claimant be dissatisfied with the decision Appeal to the of the justice he may appeal to the Supreme Court; and Supreme Court. the appeal shall be heard and determined in a summary

way by any of the judges of such Court.

10. The party appealing shall give a bond with suffi- Bond. cient sureties in a penalty of fifteen dollars for every skin

so seized as aforesaid, conditioned for the performance of

the judgment of the court of appeal.

11. The proceeds of the sale under section eight shall, Proceeds of sale. after deducting the expenses of the sale and justice's fees,

be paid to the informant or officer who seized the hides.

hares between

12, No snares shall be set for hares between the first No snares for days of March and September in any year, under a penalty 1st March and of two dollars for each offence; and all snares shall be september. taken up during the aforesaid close season, under a penalty of two dollars for each snare not removed by the parties setting the same, on or before the first day of March, to be recovered in the same manner as in the seventh section.

be killed, sold,

13. It shall not be lawful for any person to take or kill Pheasants not to within this Province any pheasant, or to buy, sell or have &c. in his possession any dead pheasant that has been so taken

or killed.

14. Any dead pheasant found in the possession of any Presumption of person within this Province shall be presumed to have guilt. been taken or killed by such person contrary to this Chapter, until proof to the contrary be given by such

person.

15. No person shall take or kill the otter, the mink or Otter, mink, &c., the musquash, between the first day of May and the first killed.

when not to be