CHAP. 12.

Prior debt.

Exempt from levy, &c.

Land liable for rates, &c.

Form of grant.

10. No land located as aforesaid, nor any interest therein, shall in any event be or become liable to the satisfaction of any debt or liability contracted or incurred by the locatee, his widow, heirs or devisees, before the issuing of the grant for such land. After the issuing of the grant for any such land, and while such land or any part thereof or any interest therein is owned by the locatee, or his widow, heirs, or devisees, such land, part or interest shall, during twenty years next after the date of such location, be exempt from attachment, levy under execution, or sale for payment of debts, and shall not be or become liable to the satisfaction of any debt or liability contracted or incurred before or during that period, save and except any debt secured by a valid mortgage or pledge of such land made subsequently to the issuing of the grant therefor.

11. Nothing in this Chapter shall be construed to exempt any land from levy or sale for rates or taxes, now or hereafter legally imposed.

12. Every grant to be issued for land located as aforesaid shall state in the body thereof the name of the original locatee of such land, and the date of such location, and that such grant is issued under the authority of this Chapter.

No person to

cut wood, open

out license.

Penalty.

CHAPTER 12.

OF TRESPASSES TO CROWN PROPERTY.

1. No person shall cut down or remove any trees or mines, &c. with- Wood of any description on any crown lands, or open any mine or dig or raise any minerals belonging to the Crown, or remove, use, injure, or destroy any trees, wood, lumber, or minerals, being crown property, without license from the Governor or other legal authority, under the penalty of not less than eight dollars nor more than eighty dollars for each offence, in addition to the value of any such trees, lumber, wood, or minerals which shall have been cut down, raised or removed, and in addition to any damages committed on the land of the Crown-the amount of which value and damages shall be found by the jury. The prose. how conducted, cution may be in the name of the Queen; and on conviction the court shall determine the amount of penalty, and judg ment shall pass for such penalty, and also for the value and damages aforesaid, and costs of suit.

Prosecution,

&c

Sheriffs, chief
surveyors, &c.,
powered to
otect crown
>perty.

2. The Sheriff and the chief surveyor of each county, and such other person as the Governor in Council may see fit to appoint, are severally empowered and required vigi

lantly to protect the lands, timber and minerals belonging CHAP. 12. to the Crown in their respective counties, and to prevent encroachments and trespasses on the lands and mines of the Crown, and the unlawful removal of trees, timber, lumber and minerals of the Crown.

3. It shall be their duty, respectively, to seize trees and Their duties, wood illegally cut, and the lumber made thereout and powers, &c. minerals illegally raised on the lands of the Crown in their respective counties wherever the same may be found, and also to follow and seize the same in any other county to which they may have been removed; and also to seize in their respective counties trees, timber, logs and lumber of the Crown illegally cut or made, and minerals of the Crown illegally raised in any other county and removed into their said counties; and they shall have power to use all suitable and necessary means for guarding the same until condemnation, and to authorize persons to act in assistance of and under them.

after seizure.

4. Immediately after seizure the seizing officer shall Proceedings report the facts to the Commissioner of Crown Lands, and shall obey bis instructions as to further proceedings.

concerned in

known.

5. If any one or more of the parties concerned in cut- Proceedings ting or raising or in removing or having in possession the when parties property seized shall be known, a Justice of the Peace trespass are either of the county where the property seized was cut or raised or where it was seized shall, on the application of any of the said officers or persons acting by authority of the Commissioner of Crown Lands, issue a notice in the form in Schedule A against any one or more of the parties so known; and service on any one or more of them personally, or by leaving a copy of the notice at his or their last place of abode, shall be sufficient to bring on a trial and for the condemnation of the property. If the parties Proceedings be not known a copy of the notice shall be posted on the when parties are court house door or in some other public place at least ten days before trial. Should no claim be made at the time and place mentioned in the notice, the property shall be thereupon forfeited; and, in case of claim, two justices shall then and there or at some other adjourned time and place hear evidence and adjudicate, and either condemn the property or order it to be released with costs.

not known.

condemnation

under.

6. The sentence of condemnation may be in the form Sentence of in schedule B; and a copy thereof, certified by one of the form of-projustices, shall be delivered to the officer or person who ceedings thereseized the property, who shall report the facts to the Commissioner of Crown Lands, and shall sell or otherwise dispose of the property as he may direct.

ceeds in case of

7. In case of sale the gross proceeds shall be forthwith Disposal of proremitted to the Commissioner of Crown Lands, who shall sale.

CHAP. 12. pay the same to the Treasurer who, after the charges shall have been approved by the Provincial Secretary, shall pay the necessary expenses for guarding and preserving the property, the usual costs to the justices and witnesses and other necessary expenses, and shall then pay one-half the nett proceeds to the officer or persons aforesaid who seized and prosecuted to condemnation the said property. When from any cause the property seized shall not realize does not realize an adequate remuneration, the Commissioner of Crown Lands may, with the approval of the Governor in Council, make such adequate compensation to the seizing officers and persons employed by them, and the witnesses, as under the circumstances may be proper.

When property

enough to cover expenses.

Appeal-pro

&c.

8. An appeal may be had from the judgment of the ceedings under, justices to the Supreme Court. If the claimant be the appellant, he shall make the affidavit and give the security as required in cases of appeal. The appeal shall not stay the sale, and, if it be determined in favor of the claimant, he shall be entitled to the property if not sold, or to the gross proceeds if sold, and his costs to be paid by the Commissioner of Crown Lands and charged in his account.

Penalty for ob

removing property, &c.

9. Any person who shall assault or obstruct any officer structing officers, in the execution of his duty under this Chapter, or any person in his aid, or who shall wilfully remove, cut, injure, convert, or set loose anything seized as aforesaid, shall pay a fine to the Queen not exceeding four hundred dollars nor less than eight dollars, at the discretion of the Court where prosecuted; and, in default of payment, after conviction such person shall be imprisoned in the county jail for a period not exceeding one year, nor less than ten days, at the like discretion.

Privileges of

ed for seizure

ter.

10. Any person impleaded for seizure or prosecution persons implead- under this Chapter, may plead this Chapter and give the under this Chap- special matters in evidence. And if the Judge shall certify probable cause of seizure or prosecution, the claimant shall not recover any costs, nor shall the person who made the seizure be liable to any indictment or suit on account thereof; and if any suit or prosecution be brought against any person on account of such seizure, and judgment shall be given against him, and the Judge or Court shall certify that there was probable cause for the seizure, then the plaintiff, besides the thing seized or its value if sold as aforesaid, shall not recover more than four cents damages nor any costs of suit, nor shall the defendant be fined more than twenty cents. But a party whose property shall have been seized may, notwithstanding such certificate of probable cause, take possession of such property if the same shall not have been sold or disposed of, or, if sold or disposed of, may recover the actual value thereof from the seizing officer,

if the same shall not be paid within one month after de- CHAP. 13. mand on him in writing, setting forth the particulars and amount of such claim.

and sold.

11. All trees, timber, or logs found cut upon the crown Trees, timber or lands, without authority or license of the Government, logs illegally cut may be seized by the deputy surveyors of the county, or may be seized such persons as may be appointed for the protection of crown lands, and such seizure shall be forthwith reported to the Commissioner of Crown Lands, who may direct the sale thereof, without proceeding to condemnation,-the Proceeds sent to proceeds of such sale to be remitted to the Commissioner Commissioner. of Crown Lands, to be applied as directed by section 7 of this Chapter.

be brought.

12. Every action or suit or prosecution brought for a Action where to violation of the provisions of this Chapter shall be brought in the county where the offence shall have been committed.

13. Nothing herein contained shall be construed to con- Not to conflict travene or conflict with Chapter 9 "Of Mines and Minerals." with Chapter 9.

SCHEDULE.

A.

Whereas a quantity of [describe the articles] have been seized as Crown property, illegally obtained,

These are to give notice that two Justices of the Peace will attend on the day of —— at — o'clock in the to hear cause why the same should not be declared to be the property of the Crown. Given under my hand and seal at

noon at

A. D. 18-.

this

day of

A. B., J. P.

B.

Be it remembered that [describe the property] having been seized as Crown property illegally obtained, and prosecuted under the provisions of the Chapter, "Of Trespasses to Crown Property," the same are hereby adjudged and declared to be the property of the Crown, pursuant to the said Chapter.

Given under our hands and seals at day of A. D. 18-.

this

A. B. (seal.)

C. D. (seal.)

CHAP. 13.

Vested in Her
Majesty.

Parties taking or retaining them may be proceeded against.

Mode of procedure.

Order to be in discretion of

CHAPTER 13.

OF THE PUBLIC RECORDS.

1. The books, papers and records of all public offices provincial and county, are hereby vested in Her Majesty the Queen and her successors.

2. If any person shall wrongfully take, withhold or retain possession of any public document, book, record, writing or other paper, he may be proceeded against for the recovery of the same in a summary manner.

3. Upon grounds laid by affidavit before the Supreme Court, or any Judge thereof, an order, at the instance of one of the law officers of the Crown, may issue at the suit of Her Majesty, requiring the parties in whose custody such documents, books, records, writings or other papers are, to give up the same to the proper custodian, or as therein directed.

4. It shall be in the discretion of the Court or Judge Court or Judge, granting the order whether an order absolute or an order nisi shall be first granted; and costs shall follow when an order is obtained, unless otherwise directed.

Costs.

Appeal.

5. Any party feeling aggrieved by the order of a single Judge may, upon filing with the prothonotary in Halifax a bond to Her Majesty in a sum to be named by a Judge of the Supreme Court for security for costs, appeal from the decision of the Judge to the Court at bar, where the whole matter may be heard and disposed of as such Court may decide.