ANNO SECUNDO VICTORIE REGINE. 1 1839 At the General Assembly of Her Majesty's Island of PRINCE And from thence continued, by prorogation, to the twelfth FITZROY, Lt. Governor. T. H. HAVI- W. COOPER, CAP. I. Act Expired. An Act to further continue for one year, and to amend an Expired. CAP. II. An Act relating to Treasury Warrants. CAP. III. Repealed by 10 An Act for rendering more effectual the laws now in force, for Vic., c. 11. regulating the retail of strong and spirituous liquors. 8 G. 4, c. 7. CAP. IV. An Act to revive and continue an Act, for regulating the sale of the interest of leaseholders when taken in execution. *This Act revived and continued for 10 years the Act 8 G. 4, c. 7, but the last mentioned Act has been repealed by 15 Vic., c. 5; this Act is therefore omitted. Its provisions may affect titles to lands, but see 23 Vic., e. 10, s. 4. Repealed by 8 CAP. V. An Act for providing buoys and beacons for the harbors therein mentioned, and for a nautical survey of the harbors of Charlottetown and Three Rivers. CAP. VI. Repealed by 12 3 W. 4, c. 23. An Act to amend an Act for regulating the several jails within this Island, and establishing prison discipline therein. CAP. VII. An Act to revive and continue an Act therein mentioned, relating to the shutting up of old roads. The Act 3 W. 4, c. 23, which this Act revived and continued, has been repealed by 18 Vic., c. 26. CAP. VIII. Disallowed by An Act for the relief of certain of the American loyalists and disbanded provincial troops, and their representatives. CAP. IX. An Act to amend a certain Act therein mentioned, relating to 7 w. 4, c. 23. pounds. WHEREAS an Act passed in the seventh year of the reign If horses, &c., closures, the fences of which than 44 feet in height, owners break into in are not less of His late Majesty King William the Fourth, intituled "An Act to repeal the laws now in force for regulating pounds, and to make more effectual provision in lieu thereof," has been found insufficient, inasmuch as the third section of the said Act requires, that before any trespassing beasts shall be impounded, the damage committed by them shall be viewed by one or more housekeepers, and a certificate under their respective hands, stating the time when, the place where, and the cattle (if known) by which such damage may have been committed, delivered to the pound-keeper; and in consequence of the delay occasioned in procuring the attendance of such housekeeper or housekeepers, much increased damage and injury have been sustained: for remedy whereof, be it enacted, by the Lieutenant Governor, Council and Assembly, that if any damage shall be done or occasioned by any horses, sheep, goats, swine, or neat cattle, by breaking into any inclosure, the fence whereof shall not be less than four feet and a half in height, and otherwise a lawful fence, it shall and may be lawful for the person or persons whose fence or fences shall have been broken, and whose inclosure shall have received such damage, to cause such horses, sheep, goats, swine, or neat cattle, to be taken to the nearest pound; and the keeper of such pound shall, and he is hereby required to receive such horses, sheep, goats, swine, or neat cattle, and to impound the same, until they shall be claimed by their respective owners -provided, that within twenty-four hours after such trespassing beasts shall have been impounded, the owner or occupier of such inclosure shall deliver or cause to be delivered, to the to pound-keepkeeper of the pound, or leave, or cause to be left, at his dwel- er within 24 ling house, or other place of residence, his affidavit, or the vit of damage, affidavit of one or more credible person or persons, sworn be- &c. fore and attested by a Justice of the Peace, or a true copy thereof, certified by said magistrate, stating the time when, and the place where such horses, sheep, goats, swine, or neat of inclosure may impound such horses, &c. Keeper of pound to re ceive them. Owner of inclo sure to deliver hours an affida cattle, so impounded, committed such damage; and the said Duty of poundpound-keeper shall cause such impounded beast to be adver- keeper. tised, by posting up written notices in three of the most public places of the town, royalty, district, township or settlement, in which such pound is situate, within twenty-four hours after they shall have been impounded; and the person or persons injured may proceed against the owner or owners of such horses, sheep, goats, swine, or neat cattle, refusing to pay for against owners the damage done by such horses, sheep, goats, swine, or neat of horses, &c. Persons injured may proceed &c. to pay to pound-keeper cost of feeding same. cattle, as is directed by an Act made and passed in the third year of his said late Majesty's reign, intituled "An Act to consolidate, amend, and reduce into one Act the several Acts of the General Assembly relating to trespasses, and for other Further duty of purposes therein mentioned;" and it shall be the duty of the pound-keeper. pound-keeper to provide for and sustain all such horses, sheep, goats, swine or neat cattle impounded, with necessary and wholesome provender and water; and the owner or owners of Owner of horses such horses, sheep, goats, swine or neat cattle shall pay to the keeper of the pound, over and above the amount of damages which shall be adjudged to have been done by the said horses, sheep, goats, swine, or neat cattle, for each and every day the same shall be impounded, for every horse and head of neat cattle so provided and sustained, the sum of one shilling and three pence, and for every sheep, goat or swine, the sum of six pence; and if the owner or owners of such horses, sheep, goats, swine, or neat cattle shall refuse to pay the same to the keeper of the pound, together with the charges of advertising, within fourteen days after the trespassing beasts shall be impounded, then the said keeper of the pound shall cause the horses, sheep, goats, swine or neat cattle, so impounded as Appropriation aforesaid, to be publicly sold, and the money arising therefrom, after deducting the charge of the said keeper for his fees, and for supporting the said horses, sheep, goats, swine or neat cattle, whilst so impounded, and the damages adjudged to the person or persons injured as aforesaid, shall be paid to the owner or owners of the horses, sheep, goats, swine, or neat cattle so impounded and sold as aforesaid; and if no owner or owners shall appear within six months, the money so remaining shall be paid into the Treasury of this Island, to and for the purpose of erecting and maintaining such pounds. Remedy of pound-keeper sing to pay the on owners refu same. of proceeds of sale. red by this Act, pound-keeper not entitled to demand costs of feeding horses, &c., from the owners thereof. II. And be it further enacted, That if any person or persons If owner of in- who shall have impounded, or caused to have been impounded, closure neglect to furnish the any horses, sheep, goats, swine, or neat cattle as aforesaid, affidavit requi- shall fail or neglect to deliver, or cause to be delivered, to the keeper of the pound, or to leave, or cause to be left, at his dwelling house or place of residence, such affidavit as aforesaid, within the time herein before limited for that purpose, the said pound-keeper shall not in such case exact or take from the owner or owners of such impounded beasts, any fees, or any sum whatever for his charge in supporting such horses, sheep, goats, swine, or neat cattle; but the person or persons so failing and neglecting shall be liable to pay to the said pound-keeper, over and above his other fees by this Act allowed, the sum of one shilling and three pence for every horse and head of neat cattle, and the sum of sixpence for every sheep, goat or swine, for each and every day the same shall be provided and sustained by him, before being claimed by the owner or owners thereof respectively; and in default of pay Remedy of pound-keeper in such case. ment, the same to be recovered on the oath of such pound- Mode of recokeeper, or other credible witness or witnesses, before any one very thereof. of Her Majesty's Justices of the Peace for the County in which such pound is situated, and levied, with reasonable costs, by warrant of distress and sale of the offender's goods and chattels, III. And be it further enacted, That the following fees shall be allowed to pound-keepers for the following services: For receiving and impounding, for every horse and head of neat cattle For sheep, goats, and swine, per head And an equal sum for every twenty-four hours the same may be detained. Advertising, £0 1 6 Fees of pound keeper for receiving and impounding 030 horses, &c. of the 7th W. IV. And be it further enacted, That the third clause of Repeals 3d the above recited Act, intituled "An Act to repeal the Laws clause of Act now in force for regulating pounds, and to make more effec- 4, c. 23. tual provision in lieu thereof," be, and the same is hereby repealed. CAP. X. An Act for appropriating certain moneys therein mentioned Executed. for the service of the year of our Lord one thousand eight hundred and thirty-nine. |