Conviction not to be quash

VI. And be it enacted, that a conviction under this Act shall not be quashed for want of form; nor shall any warrant of commitment be held void by reason ed for want of of any defect therein; Provided that it be alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.

form.

Proviso.

Fine may be

tress if not paid.

VII. And be it enacted, that in default of payment of any fine imposed under the authority of this Act, together with the costs attending the same, within the levier did. period specified for the payment thereof at the time of conviction, by the Justice of the Peace before whom such conviction shall have taken place, it shall and may be lawful for such Justice of the Peace, (if he deems it expedient to do so) to issue his Warrant directed to any Constable to levy the amount of such fine and costs within a certain time, to be in the said Warrant expressed; and in case no distress sufficient to satisfy the amount shall be found, it shall and may be lawful for him to commit the offender to the Common Gaol of the District wherein the offence was committed, for any term not exceeding three calendar months, unless the fine and costs shall be sooner paid.

And for want offender may

of distress the

be imprisoned.

Limitation of time for such

Who may be a witness.

VIII. And be it enacted, that the prosecution for every offence punishable under this Act shall be commenced within three calendar months after the commission prosecution. of the offence, and not otherwise; and the evidence of any inhabitant of the County, District, Riding or Division, in which the offence shall have been committed, shall be admitted and receivable, notwithstanding the penalty incurred by the offence may be payable for the benefit of the Township or Division where the offence shall have been committed: Provided that, in no case, shall the party, who makes the charge in writing before the Justice, be admitted as a witness in the

case.

Proviso.

Appeal given

to the Quarter

Sessions.

IX. And be it enacted, that any person who shall think himself aggrieved by any conviction or decision under this Act, may appeal to the next Court of General Quarter Sessions, which shall be holden not less than twelve days after the day of such conviction or decision, and if holden in less than twelve days, then to the next ensuing Court of General Quarter Sessions for the District wherein the cause of complaint shall have arisen: Provided that such person shall give to Condition of the other party a notice, in writing, of such appeal, and of the cause and matter appeal. thereof, within six days after such conviction or decision, and ten days, at least, before the Sessions, and shall also either remain in custody until the Sessions, or enter into recognizance with two sufficient sureties before any Justice of the Peace, conditioned, personally to appear at the Sessions and to try such appeal, and to abide the judgment of the Court thereupon, and to pay such costs as shall be by the Court awarded; and upon such notice being given, and such recognizance entered into, the Justice shall liberate such person, if in custody; and the Court,

at

and determine

the same.

Court to hear at such Sessions, shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the Court shall seem meet; and in case of the dismissal of the appeal and the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment.

Convictions under this Act

to be transmit ted to the Quar

ter Sessions.

Within what time actions

done in pur

Act.

General issue

ed.

X. And be it enacted, that every Justice of the Peace before whom any person shall be convicted of any offence against this Act, shall transmit the conviction to the next Court of General Quarter Sessions which shall be holden for the District wherein the offence shall have been committed, there to be kept by the proper officer, among the records of the Court.

XI. And for the protection of persons acting in the execution of this Act, Be it must be brot enacted, that all actions and prosecutions to be commenced against any person for for any thing any thing done in pursuance of this Act, shall be laid and tried in the District suance of this where the fact was committed, and shall be commenced within three calendar months after the fact committed, and not otherwise; and notice, in writing, of such action, and of the cause thereof, shall be given to the defendant one calendar month, at least, before the action; and in any such action the defendant may may be plead plead the general issue, and give this Act, and the special matter in evidence, at any trial to be had thereupon; and no plaintiff shall recover in such action, if tender of sufficient amends shall have been made before such action brought, or to recover after if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant, and if a verdict shall pass for the defendant, or the plaintiff shall become non-suit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs, as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases.

Plaintiff not

tender of a

mends, &c.

Application of penalties.

Act not to ex

XII. And be it enacted, that all sums of money to be awarded or imposed as fines or penalties, by virtue of this Act, shall be paid as follows (that is to say): one moiety thereof shall be paid to the party charging the offence in writing, before the Justice, and the other moiety shall be paid to the Treasurer of the District wherein the offence was committed, and shall be accounted for by such Treasurer, in the same manner as he is by law obliged to account for other monies deposited with, or paid over to him.

XIII. Provided always, and be it enacted, that nothing in this Act shall extend, tend toIndians. or be construed to extend, to any Indians now or hereafter to be resident within

the

the limits of this Province; but nothing in this Act shall extend, or be deemed, taken, or construed to extend, to justify or authorize any person to have, receive, purchase or take from any Indian any Venison or other Game killed out of season, or between the period within which the taking or killing of game is prohibited by this Act.

XIV. And be it enacted, that this Act shall be deemed a public Act, and shall be taken notice of by all Courts of Law, Judges, Justices, and other persons, without specially pleading the same.

Proviso.

Act to be a

Public Act.

CAP. XIII.

An Act for the better preservation of certain species of Fish, in the
Rivers and Waters of the Counties therein mentioned.

W

[9th December, 1843.]

HEREAS a Petition from the Inhabitants of the County of Stanstead, praying that Legislative provision be made for preserving the fish called "Lunge" or "Maskinonge" in Lake Memphramagog, and other Lakes, and in the Rivers of the Eastern Townships of this Province, has been presented to the Legislature, and it is expedient to grant the prayer of the Petitioners, and to make Legislative provision for the purpose aforesaid, and also for the preservation of Salmon, and Salmon Trout, during the season when they run up the Rivers and Streams in the said Townships, and other places herein mentioned, to the places where they deposit their spawn; 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 authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, 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 hereafter it shall not be lawful for any person or persons to take any fish called "Lunge" or Lunge" or "Maskinongé" or "Salmon Trout" in Lake Memphramagog, or in any other of the Lakes, Rivers a or Streams in any of the Counties of Stanstead, Sherbrooke, Shefford, Missisquoi and Drummond, nor within the Counties of Essex and Kent, between the first day of the month of August and the first day of the month of December in every year, by means of spears or seines, or in any other way than by a single hook.

Preamble.

Time at which certain fish shall not be ta

ken

except by

single hook.

Fish-pounds not to be made

on the St. Francis, nor Trout

to be taken except in a certain way.

Penalty for

a

gainst this Act,

II. And whereas it is proper that the River St. Francis and its tributary Rivers and Streams should at all seasons remain open and unencumbered by fish pounds, so that Salmon may be left unmolested at and in ascending to their spawning places, and also that the Trout and other small fish when they run into the small streams and inlets for shade during the extreme heat of the summer, should not be taken with nets and baskets, or otherwise than by a single hook; Be it therefore enacted, that it shall not hereafter be lawful for any person or persons to build any fish pounds in the River St. Francis, or in any of its tributary Rivers or Streams, so as in any way to obstruct the main channels by means thereof, within any of the said Counties, for the purpose of taking Salmon, or to take any Trout or other small fish, when they run into the small streams, brooks or inlets, within any of the said Counties for shade during the Summer months, with nets or baskets, or in any other way than by a single hook.

III. And be it enacted, that any person offending against the provisions of this offending - Act, shall, on conviction thereof before one or more of Her Majesty's Justices of the Peace, incur a penalty not exceeding two pounds currency, to be fixed by such Justice or Justices in his or their discretion, according to the circumstances of the case, which penalty, if not paid within eight days by the party convicted, shall be levied by distress and sale of the goods and chattels of such party under the warrant of such Justice or Justices of the Peace, to be issued after the expiration of the said eight days, and one moiety of such penalty shall belong to Her Majesty for the public uses of the Province, and the other moiety to the Prosecutor: Provided always, that if the party or parties so convicted shall fail to pay such penalty and costs, and no goods and chattels can be found belonging to the said party or parties whereof to levy the same, then, and in such case, the said party or parties shall be by the said Justice or Justices committed to the Common Gaol of the District, for a period not in any case exceeding eight days, unless the said penalty and costs be sooner paid.

Proviso.

Preamble,

CAP. XIV.

An Act to Exempt Vehicles conveying Manure from the Cities and
Towns of this Province, from the payment of Tolls on Turnpike
Roads, and for the purposes therein mentioned.

[9th December, 1843.]

HEREAS, as well for the encouragement of Agriculture as for the cleanliness and health of the several Cities and

Towns

Towns in this Province by the removal of the filth and rubbish thereof, it is expedient that Vehicles carrying Manure from the said Cities and Towns to the Farms in the vicinity thereof be free from Toll at Turnpike Gates; 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 authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, 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 each and every Vehicle laden solely with Manure, brought from any City in Lower Canada, or any City or incorporated Town in Upper Canada, and employed to carry the same into the Country parts for the purposes of Agriculture, and the horse or horses, or other beast or beasts of draught, drawing such Vehicle, shall, from and after the passing of this Act, pass Toll-free through any Turnpike Gate or Toll-gate on any Turnpike Road within twenty miles of such City or Town, as well in going from such City or Town as in returning thereto, if then empty,-whether such Turnpike Road and the Tolls thereon belong to the Province, or to any local or Municipal authority, or Body of Trustees or Commissioners for local purposes, or to any incorporated or unincorporated Company, or to any other body, person or persons whatsoever, and any Statute, Ordinance or Law to the contrary notwithstanding.

II. And be it enacted, that all persons going to or returning from Divine Service on any Sunday or Obligatory Holiday, in or upon and with their own carriages, horses or other beasts of draught, shall, as shall also their families, and servants being in or upon and with such carriages, horses or other beasts of draught, pass Toll-free through any Turnpike or Toll-gate on any Turnpike Road in this Province; any thing in any Act, Ordinance or Law to the contrary notwithstanding.

III. And be it enacted, that no Vehicle laden or unladen, horses or cattle belonging to the proprietor or occupier of any lands divided by such Turnpike Road as aforesaid, shall be liable to Toll on passing through any Toll-gate on such Road (at whatever distance the same may be from any City or Town) for the sole purpose of going from one part of the lands of such proprietor or occupier to another part of the same: Provided such vehicle, horses or cattle do not proceed more than half a mile along such Turnpike Road, either in going or in returning, for farming or domestic purposes only.

IV. Provided always, and be it enacted, that nothing in the foregoing enactments of this Act shall extend or be construed to extend to any Toll Bridge, the tolls on which are vested in any party other than the Crown.

t

N

САР.