PUBLIC RECORD OFFICE
Reference :-
mimic.O.885
NORTH AMERICAN ('LONIE
LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
II. And be it enacted, That from and after the publication hereof, all persons, whoso- ever, who shall or may locate, settle or place any person or persons whomsoever, onany 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 made 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 shali forfeit and pay a sum not exceeding twenty Penalty on 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.
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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. standing, growing or being upon any of the lands belonging to or vested in the Crown in this island, whether held in trust for any public purpose, or otherwise, or take or carry away therefrom any trees of wood of any kind or description, felled, cut down, lying or being upon any such lands, shall forfeit und 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 prose- cute 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 Judica- ture, 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 ints the the person or persons who shall prosecute and sue for the same, and the other half to 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.
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IV. And be it further enacted, That from and after the publication hereof, no person or shall cut down or lell any trees or timber, or bark or box any pine or other trees barking tree standing or growing upon any lands in this island, nor carry away the same therefrom, e. lals 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 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 No one to 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 4 feet Ligh, shall be deemed sufficient to entitle the owner to sue for trespasses committed by any of
the animals hereinafter mentioned, upon the lands thereby enclosed, unless the same shall be at least four-and-a-half feet high, and strong and substantial; and the judginent 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 › oundary, the decision tamits the of the fence viewers of the district, as to its being sufficient or otherwise, shall be deemed erations for 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.
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VI. And be it further enacted. That if any horses, neat cattle, hogs, sheep, or other me ground beasts shall break into any ground (not being pasture land) enclosed as aforesaid, the wal owner or owners thereof shall, for every such trespass, make reparation to the party 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 outh 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 ALSO AS TO PRESERVATION OF GAME.
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COLONIES.
passing beasts, if known, to attend such appraisement, and to cause the said appraisers, or any two of them, to return a certificate to him upon oath of the amount of the AMERICAN 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 of da that the condition of the fence at the time of the trespass.
DENNIS 0. M. Reddin,
Attorney-General,
A true copy, which I certify.
9th September, 1870.
(Signed)
24 VICTORIA, Cap, 22.
Mole of -
mages.
Sve 12 Vict.
c. 16.
Persone con
ing, destroy.
&c., in any
gardin, &c.
able.
AN ACT for the Punishment of Persons who shall be guilty of the Trespasses therein
[Passel April 29, 1861.] mentioned. WHEREAS grievous depredations are frequently committed by evil disposed persons in and upon the gardens, orchards, and other cultivated grounds of divers of the inhabitants of this Preamble, island, and the existing laws do not adequately provide for the punishment of such offenders: 1. Be it therefore enacted, by the Lieutenant-Governor, Council, and Assembly, that from and after the passing of this Act every person who shall pluck, pull up, cut or destroy, steal or carry away, or in any mamer damage or injure any crop, vegetables, victed of steal- fruit, shrub, plant, rout or roots, fruit or ornamental tree or trees, or other things growing ing, &c. vege or being in any garden, orchard, nursery, ground, field or other cultivated ground, hot- tables, fruits. house, green-house, or conservatory of any person or persons whomsoever within this island, and shall be thereof convicted before two or more of Her Majesty's Justices of punish the Peace for the County wherein any such offence shall have been committed, or if within the City of Charlottetown and common thereof, before the Mayor and one or more Councillors, or before any two of the City Councillors, either by the confession of the party offending or ou the oath of one or more credible witness or witnesses, every such person so offending shall for each and every such offence, on conviction, be com- mitted to the common jail of the county wherein any such offence shall have been com- mitted, there to be imprisoned only, or to be imprisoned and kept to hard labour for not more than one calendar month; or else shall forfeit and pay over and above the value of the article stolen, or the amount of the injury done, a surn not exceeding Ten pounds, nor less than Ten shillings, together with costs, to be levied by warrant of distress and sale of the goods and chattels of such offender; and for want of goods and chattels whereon to penalty, and levy, such offender shall be committed as aforesaid, with or without hard labour, as to such Mayor and Councillors or Justices committing shall seem meet, for not more than one calendar month, unless such fine and costs shall be sooner paid.
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II. This Act, or anything herein contained, shall not bar or preclude any person or persons from recovering his, her, or their damages against any person or persons who shall be guilty of any of the mischief or trespasses aforesaid; but the same may be to preclude recovered in the same ruanner as if this Act had not been passed.
This Act not
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Implicatist III. If two or more persons shall have been jointly concerned in committing any such against tre offence as aforesaid, and one or more of them (not having been informed against) shall, pli
ing informat within the space of one month after the offence 'committed, inform or give information party on git-
rezati. against any or all of the others concerned in the same offence (not having been then tion, withi informed or proceeded against) so as to convict him, her, or them, the person so informing that will trad shall not be liable to any part of the fine hereinbefore mentioned.
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IV. All fines and forfeitures under this Act, when recovered, shall be appropriated as b follows: one moiety thereof to the person who shall prosecute therefor, and the other from fins. moiety, if recovered before the Mayor and Councillors of the City of Charlottetown, shall ton of t be paid to the City Treasurer for the use of the said City, and if before any of Her Majesty's Justices of the Peace for any of the counties in this island, then to the Colonial Treasurer for the use of Her Majesty's Government.
V. This Act shall continue and be in force for the space of ten years from the passing thergol.
DESNIS 0. M. REDDIN,
Attorney-General.
A tri copy, which 1 certily,
9th September. 1870,
(Signed)
Duratio Art
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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