vessels, boats, fishing tackle, fish and oil, fishermen or saving claims of other servants. Seamen, fisher men, or ser vants, absent ing themselves, shall forfeit not exceeding 15 days' pay for each day's ab sence. If absent two days without leave, to be deemed desert ers, and forfeit all wages then due. Justices of the Peace may issue warrant to ap prehend desert er and imprison him not exceed ing 3 months. Tavern-keepers and others shall not secrete, enliquor to ser tertain, or vend vants in the fishery without consent of employer under penalty of 40s. for each offence. Fishermen, &c. the vessels, boats, fishing tackle, fish and oil, of any person or persons to whom such supplies are furnished, which may be realized within this Island or its dependencies, will go: provided always, that nothing in this Act contained shall affect the prior claims of seamen, fishermen, and other servants, actually employed in the catching and curing of fish and oil, upon all fish and oil caught by the hirers and employers of such seamen, fishermen, or servants, or the produce or value thereof. IV. And be it further enacted, That in case such seaman or fisherman shall at any time wilfully absent himself from his duty or employ without the consent of his hirer or employer, or shall wilfully neglect or refuse to work, according to the true intent and meaning of his said contract or agreement, such seaman, fisherman, or other servant shall, for every day he shall so absent himself, or neglect or refuse to work as aforesaid, forfeit any number of days' pay or shares not exceeding fifteen, to such hirer or employer and if any such seaman or fisherman shall wilfully absent himself from his said duty or employment for the space of two days, without such leave as aforesaid, he shall be deemed a deserter, and shall forfeit such wages or shares as may be due to him at the time of such desertion and it shall and may be lawful for any Justice or Justices of the Peace of this Island, or the dependencies thereof, to issue his warrant or warrants to apprehend every such deserter, and on the oath of one or more credible witness or witnesses, to commit him to prison, there to remain for any time not exceeding three calendar months. V. And be it further enacted, That no tavern-keeper, or other person shall secrete, harbour or entertain, or vend liquor to, any seaman, fisherman, or other servant employed in the fishery, without the consent of the hirer or employer of such seaman, fisherman, or other servant, during the fishing season, under a penalty of forty shillings for every offence, to be recovered by one or more Justices of the Peace, to and for the use of His Majesty's government. VI. And be it further enacted, That during the fishing privileged from season, such seamen, fishermen, or other servants, as are actuarrest or execu- ally engaged in the said fishing, shall be privileged from tion, and pro- arrest for debt, or from being taken in execution; and that perty embarked in fishery not property actually embarked in the said fishery shall not be liable to attachment or execution during the current fishing season; and also that no such seamen, fishermen or other servants, shall be called on to attend militia services during the said fishing season any law, usage, or custom to the contranotwithstanding. to be taken in execution or at tached, during current fishing voyage. Vessels cleared ry, VII. And be it further enacted, That whenever any ship or qut for fishery vessel shall be cleared out from any port in this Island for the or coasts of Cape Breton, Novabrador, masters entitled to de Scotia or La mand certificate thereof. fisheries on the coasts of this Island, or for the fisheries within within the gulf, the Gulf of Saint Lawrence, or on the coasts of Cape Breton, Nova Scotia or Labrador, without having on board any article of traffic (except only such provisions, nets, tackle, and other things as are usually employed in and about fisheries,) the master of any such ship or vessel shall be entitled to demand from the Collector or other principal officer of His Majesty's Customs at such port, a certificate under his hand, that such vessel hath been specially cleared out for the said fishery, and such certificate shall be in force for the fishing season of the year in which the same may be granted, and no longer; and all ships or vessels having on board any such certificate as aforesaid, and being actually engaged in the fisheries, or in carrying coastwise, to be landed or put on board any other ship or vessel engaged in the said fishery, any fish, oil, salt, provisions, or other necessaries for the use and purposes thereof, shall be exempt from all obligation to make any entry at, or obtain any clearance from any Custom House in this Island, upon entering the ports or harbors of the same, or its dependencies, during the continuance of the fishing season, for which certificates may have been granted: provided nevertheless, that whenever any such ship or vessel as aforesaid shall finally quit quitting the the said fishery for any country or place, not being within this colony, to clear Colony or the dependencies thereof, such ship or vessel shall out at Custom obtain the usual clearance from the principal officer of His Majesty's Customs at some port in this Colony. VIII. And be it further enacted, That the current fishing season of the year commences on the fifteenth day of April, and ends on the first day of November. Certificate shall exempt them or clearing at from entering Custom House during fishing season. Such vessels House as usual. Fishing season begins on 15th April and ends 1st November. Continuance of IX. And be it further enacted, That this Act shall continue in full force and effect for and during the space of three Act. years, and from thence to the end of the then next session of the General Assembly. CAP. XIII. An Act for summary punishment, in certain cases, of persons wilfully or maliciously damaging or committing trespasses on public or private property. Continued by 9 G. 4, c. 2. W. 4, c. 27. CAP. XIV. Continued by subsequent An Act to limit and ascertain the jurisdiction of Justices of Acts, and rethe Peace in matters of small debt. pealed by 2 W. 4 c. 1. CAP. XV. Revived and continued by 3 W. 4, c. 3. An Act to prevent the running at large of Sheep in the town of Charlottetown. CAP. XVI. Amended by 1 W. 4, c. 6. Persons setting fire to woods and injuring thereby the woods or property of others to answer in damages the party injured, An Act to provide a remedy for injuries arising from improper burning of woods. WHEREAS the practice of setting fire to woods at impro per seasons, and the carelessness and improvidence with which fires in the forest are often managed, has already destroyed much valuable property, and unless restrained, threatens ruin and destruction to the woods in this Island: I. Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, That any person who shall set fire to the woods at any time of the year, and thereby injure the woods or property of another, the person so causing such injury shall be liable in damages to the person so injured, and shall also be liable to the payment of a fine of five pounds for each and every such offence, to be recovered before any one of His Majesty's Justices of the Peace-one half whereof to be paid to the person who sues for the same, and the other half Mode of recov- to the Overseer of Highways within whose precinct the fire shall have been raised. and also pay a ffne of £5. ery. CAP. XVII. An Act to enable the Justices of the Peace for the Counties of King's County and Prince County to commit debtors under the small debt Act, and also persons charged with criminal offences, to the jail in Charlottetown. This Act authorized Justices of the Peace for King's and Prince Counties to commit debtors or criminals to Charlottetown jail, until jails should be erected in said Counties. CAP. XVIII. An Act to empower His Excellency the Lieutenant Governor, or Commander-in-chief for the time being, to appoint Commissioners to issue Treasury Notes. BE DE it enacted by the Lieutenant Governor, Council and Assembly, That it shall and may be lawful for the Lieutenant Governor, or Commander-in-chief for the time being, to appoint, as soon as may seem to him necessary, three fit Commissioners and proper persons to be Commissioners* for the purpose of Lt. Governor issuing Treasury Notes, to any amount not exceeding five to appoint three thousand pounds; and that such Notes shall be issued in three to issue Treaequal shares and proportions in value, of Notes of the value of five pounds, two pounds, and one pound; and which Notes shall be signed by the said Commissioners, and countersigned by the Treasurer, and shall be in the words and figures following, to wit: 'No. PRINCE EDWARD ISLAND, CHARLOTTETOWN, sury Notes Issue not to ex missioners and Treasurer. 1825. Form of Note. 'By law, the bearer of this Note is entitled to receive at the Treasury the sum of And the said Commissioners are hereby authorized and required to direct the printing or engraving of such Notes, and to superintend the completing the blanks in the same. II. And be it further enacted, by the authority aforesaid, That the whole of the Notes issued shall bear the same date, and when subscribed by the Commissioners shall be delivered to the said Treasurer, who shall countersign the same, and be accountable for the Notes so delivered to him. III. And be it further enacted, by the authority aforesaid, That all Warrants for payments of money, when produced to the Treasurer, shall, at his option, be paid in gold or silver, or in the said Notes, to the person entitled to receive the same -which Notes shall be again received at the Treasury, and also by the Collectors of Impost throughout the Island, at their specified value, equal to the like value in gold or silver, when and as often as the same are presented in payment of duties. IV. And be it further enacted, by the authority aforesaid, That whoever shall alter, forge, or counterfeit any of the said Notes, or shall erase or alter the same, or any endorsement thereon, or shall tender in payment, utter, vend, exchange, or barter any such altered, forged or counterfeited Note, or any erased or altered Note, or the endorsement thereon, or shall knowingly demand to have the same exchanged or paid, with intent to defraud, shall suffer as in cases of felony, without benefit of clergy. V. And be it further enacted, by the authority aforesaid, That it shall and may be lawful for the Lieutenant Governor, or Commander-in-chief for the time being, by a warrant under his hand, to require the said Treasurer to re-issue Notes Appointments made to vacancies occurring from death, &c., of Commissioners confirmed, and mode of filling up such vacancies in future pointed out by 10 Vic., c. 12, s. 7. Proviso. Quarterly periods when notes may be presented for payment. If not paid, Notes may be funded and bear interest. Notes so funded not to be again issued. Three years after passing of Act, all notes to be paid in gold or silver. Allowance to received at the Treasury, or to require the Commissioners aforesaid to issue other Notes in place of those received, or any part thereof, or to re-issue the Notes already received, or any part thereof, agreeably to the said warrant: provided always, that no Notes so to be re-issued shall exceed the amount of the Notes so from time to time received at the Treasury. VI. And be it further enacted, by the authority aforesaid, That if at any quarterly period, after the thirty-first day of December next-that is to say, at the thirty-first day of March, the thirtieth day of June, the thirtieth day of September, and the thirty-first day of December, in any succeeding year, any person shall tender for payment at the Treasury any number of the Notes issued or re-issued in virtue of this Act, in case the Treasurer shall not be able to pay the same in gold or silver, it shall and may be lawful for the Lieutenant Governor, or Commander-in-chief for the time being, by and with the advice of His Majesty's Council, by warrant under his hand and seal, to direct the Commissioners aforesaid to fund such sum or sums of Treasury Notes as shall be tendered for payment, from time to time as aforesaid, and to grant certificates to the amount thereof on interest; and the said Commissioners shall deliver the said Notes so presented to the Treasurer of the Island, and take his receipt for the same, and the Treasurer shall be charged with and accountable for the same; and the said Notes shall not be again issued from the Treasury, or put into circulation for any use whatsoever. VII. And be it further enacted by the authority aforesaid, That if at the end and expiration of three years from the passing of this Act, all the Notes which may or have been issued, under and by virtue of this Act, shall not have been received and paid into the Treasury, the Treasurer is hereby directed and required to pay the amount of the same when demanded, in gold or silver, out of the moneys in the Treasury then not specifically appropriated. VIII. And be it further enacted, by the authority aforesaid, That the Treasurer of this Island shall be paid for his duties and services under the authority of this Act, the sum of one per centum of all Notes issued by him, over and above any other percentage or emolument to which such Treasurer may be entitled by any law of this Island. This Act is rendered perpetual by 5 Will. 4, c. 11. |