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133, of the Revised Statutes, 'Of Trespasses on Lands, Private Property, and Lumber,' in which the lumber, being the subject matter of the trespass or misdemeanor alleged to have been committed, shall not exc-ed in value twenty five pounds, may be prosecuted to conviction, when such offence is committed in the City and County of Saint John, before the Police Magistrate of the City of Saint John or Parish of Portland; and in any oth-r County, b-fore two Justices of the Peace. The offender shall, at the discretion of the Magistrate or Magistrates before whom the conviction may take place, be liable to a penalty not exceeding twenty five pouuds, or to be imprisoned in the Provincial Penitentiary for a period not exceeding three months; and in case of the non-payment of suh penalty, may b-dealt with as provided in the *twentieth Section of an Act for establishing and maintaining a Police Force in the Parish of Portland in the City and County of Saint John; and the owner of the land on which drift wood or lumber of any kind shall be found, shall be considered the owner thereof as against all persons but the legal owner.

2. Nothing herein contained shall be held to take away the jurisdiction of any Court given by the said Chapter 133 of the Revised Statutes.

See 3 P. and L. S. p. 89.

22nd VICTORIA-CHAPTER 23. An Act to amend Chapter 133, Title XXXIV, of the Revised Statutes,

"Of Trespasses on Lands, Private Property, and Lumber.' Section.

Section. 1. Licen see to be deemed in posses. 2 Licenses to cut Timber on Crown sion.

Lands assignable .

Passel 13th April 1859. Be it enacted, fc.-1. The licensee mentioned in the sixth Section of Chapter 133, Title xxxiv, of the Revised Statutes, ‘Of Trespasses on Lands, Private Property, and Lumber,' his executors, administrators, or assigns, shall be deemed to be in possession of the land described in any such license, during the continuance thereof, and may maintain an action of trespass, trover, or replevin, against any person cutting or carrying away any trees, timber or lumber from such land.

2. That licenses to cut timber on Crown Lands may be assignable, by writing signed by the licensee, his executors or administrators; and the assignee, his executors, administrators, and assigns, shall have the same rights and remedies in all respects as the licensee could have had if the license had not been assigned; and such assignee shall, within a reasonable time, give notice of such assignment, with the date thereof, to the Surveyor General.

25th VICTORIA-CHAPTER 24. An Act further to amend Chapter 133, Title XXXIV, of the Revised Statutes, 'Of Trespasses on Lands, Private Property, and Lumber.'

Definition of Licensee.

Passed 23rd April 1862. Be it enacted, &c.—That the licensee mentioned in the sixth Section of Chapter 133, Title XXXIV, of the Revised Statutes, 'Of Trespasses on Lands, Private Property, and Lum. ber,' and the licensee mentioned in the first Section of an Act made and passed in the twenty second year of the Reign of Her present Majesty, intituled An Act to amend Chapter 133, Title XXXIV, of the Revised Statules Of Trespasses on Lands, Private Property and Lumber,' shall mean and include, and in all Courts of law and equity shall be held to mean and include, as well persons holding or who hereafter may hold licenses under the Gorernment to cut timber, logs or other lumber on ungranted Crown Lands, as persons holding or who hereafter may hold lands under lease or license from the Crown, any law, usagelor custom to the contrary there. of notwithstanding.

REVISED STATUTES—TITLE XXIII, CHAPTER 102.

OF INTEREST AND USURY. Section.

Section. 1 Interest, what to be taken, and 3 What instruments and transac. what contracts to be void.

. tions excepted. 2 Corrupt loan of money, &c., pen.

alty in such case, 1. No person shall directly or indirectly receive, on any contract to be made for the loan of any money, or goods, more than six pounds for the forbearance of one hundred pounds for one year, and after that rate for a greater or less sum, and longer or shorter time; and all deeds and contracts for payment of any money to be lent, or for the performance of any thing undertaken, upon or by which more than such rate of interest shall be reserved or received, shall be utterly void.

2. Whoever shall upon any such deed or contract receive by means of any fraudulent loan, bargain, exchange, or transfer of any money or goods, or by any deceitful means, for the forbearing or giving day of payment beyond a year, of his money or goods, more than six pounds for one hundred pounds for one year, and after that rate for a greater or less sum, and longer or shorter time, shall forfeit for every offence the value of the principal sum or goods so loaned, bargained, exchanged, or transferred, together with all interest and other profits accruing therefrom,one moiety to be paid to the Queen for the use of the Province, and the other moiety to the person suing for the same, to be recovered by action in any Court of Record in the County where the offence may be committed, which action shall be brought within twelve months from the time of such offence.

3. This Chapter shall not extend to Bottomry Bonds or Contracts on the bottom of any vessel, damages on protested Bills allowed by law, penalties incurred for the nonfulfilment of any contract, where such penalties are mutually binding; and contracts for the loan or hire of any grain, cattle, or live stock let out as the parties may agree, if the lender takes the risk of casualties on himself, in which case the borrower shall not avail himself of any loss suffered through his wilful neglect, or any voluntary damage which may be committed by him.

22nd VICTORIA-CHAPTER 21. An Act to modify the Laws relating to Interest and Usury. Section.

Section. 1 Cap. 102, Rev. Staiutes, repealed. 5 How previous contracts to be 2 Interest limited to 6 per cent.; dealt with.

but contract for more not void. 6 What contracts Act shall not ex3 Excess to be deducted on suit. tend to. 4 Banks limited to 6 per cent.; torfeiture.

Passed 13th April 1859. Be it enacted, f-c.-1. That from and after the passing of this Act, Chapter 102, Title XXIII, of the Revised Statutes, • Of Interest and Usury,' be and the same is hereby repealed, except as hereinafter provided by the fifth Section of this

Act.

2. No person shall directly or indirectly receive on any contract to be made for the loan of any money or goods, more than six pounds* for the forbearance of one hundred pounds for one year, and after that rate for a greater or lesser sum, and a longer or shorter time; but no deed or contract for payment of any money hereafter loaned, or for the forbearance of any thing undertaken, upon or by which more than such rate of interest shall be reserved or received, shall be hereafter deemed void.

3. In any action brought on any contract whatsoever, in which there is directly or indirectly taken or reserved a rate of interest exceeding that authorized in Section second, the defendant, or his attorney, may under the general issue, with notice of defence as in other cases, prove such excessive interest, and it shall be deducted from the amount due on such contract.

4. Provided always, that it shall not be lawful for any Bank † incorporated by an Act of the Legislature of this Province, or by Royal Charter, to stipulate for, take, reserve, or exact a higher rate than six per centum per annum ; and whenever any such Bank shall, upon any such deed or contract, receive or reserve, by means of any loan, bargain, exchange, or transfer of any money or goods, or by any deceitful means, for the forbearing, or giving day of payment beyond a year, of its money or goods, more than six pounds for one hundred pounds for one year, and after that rate for a greater or lesser sum, and longer or shorter time, it shall forfeit for every offence the value of the principal sum or goods so loaned, bargained, exchanged, or transferred, toge. ther with all interest and other profits accruing therefrom, one moiety to be paid to the Queen for the use of the Province, and the other moiety to the person suing for the same to be recovered by any action in any Court of Record in the County where the offence may be committed, which action shall be brought within twelve months from the time of such offence.

5. Nothing in this Act shall extend to or be construed to extend to contracts or securities entered into before the passo ing of this Act, or to legalize any usurious contract, security, or loan, made, entered into, given or taken before the passo ing of this Act, but all such contracts, securities, or loans: shall be construed, considered and dealt with as well in civil suits as in proceedings for penalties, as if this Act had not been passed; and for all such cases, Chapter 102, of Title XXIII, of the Revised Statutes, ‘Of Interest and Usury,' shall be considered in force and unrepealed.

6. That nothing in this Act contained shall extend or be construed to extend to Bottomry Bonds or Contracts on the bottom of any vessel, damages on protested Bills allowed by law, penalties incurred for the non-fulfilment of any contract where such penalties are mutually binding,and contracts for the loan or hire of any grain, cattle or live stock, let out as the parties may agree, if the lender takes the risk of casualties upon himself, in which case the borrower shall not avail himself of any loss suffered through his wilful neglect, or any voluntary damage which may be committed by him.

*The following is 38th Vic., Chapter 18, of the Acts of Canada, assented to April 8th, 1875:

1. From and after the passing of this Act, any person or persons may stipulate for, allow and exact on any contract or agreement whatsoever made or to be performed in the Province of New Brunswick, any rate of interest or discount which may be agreed upon.

2. None of the provisions of this Act shall apply to any bank or incorpo. rated company, but all laws at present in force in the said Province relating to interest or usury shall remain in full force in relation to all transactions of such banks or incorporated companies.

3. Nothing herein contained shall prejudice or affect the rights or remed. ies of any person, or diminish or alter the liabilities of any person, in respect to any act done before the passing of this Act.

4. All Acts and parts of Acts of the General Assembly of the Province of New Brunswick inconsistent with the provisions of this Act are hereby repealed.

See Acts of Canada, 34th Victoria, Chapter 5, s. 52, and 35th Victoria, Coapter 8, s. 2.

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