ANNO TERTIO VICTORIA REGINE. At the General Assembly of Her Majesty's Island of PRINCE EDWARD, begun and holden at CHARLOTTETOWN, the twenty-second day of January, Anno Domini 1839, in the second year of the reign of our Sovereign Lady VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith: And from thence continued, by several prorogations, to the twenty-eighth day of January, 1840, and in the third year of Her said Majesty's reign; being the third session of the fifteenth General Assembly convened in the said Island. 1840. Sir CHARLES A. FITZ ROY, R. HODGSON, W. COOPER, CAP. I. An Act to amend an Act intituled "An Act to regulate the Repealed by performance of statute labour on the highways, and for 6 Vic. c. 1. other purposes therein mentioned." CAP. II. An Act to explain and amend an Act intituled "An Act for the improvement of property at Georgetown, and to provide against accidents by fire. The provisions of this Act may affect titles to lands, but are omitted pursuant to directions of Act 12 Vic., c. 23. Repealed by 5 Vic. c. 8. CAP. III. Expired. Repealed by 9 Vic. c. 3. An Act further to continue for one year, and to further amend an Act passed in the seventh year of his late Majesty's reign, for raising a revenue in this Island. CAP. IV. An Act to continue and amend an Act, intituled "An Act to impose a tax on dogs, with certain exceptions, and relating to other matters connected with them. CAP. V. Amended by 5 Vic. c. 10 and An Act to prohibit the exportation of oysters from this Island, for a limited period. 6 Vic. c. 13. Expired. CAP. VI. This Act repealed by 7 W. 4, c. 7. An Act to repeal "An Act for regulating the herring and alewives' shies. CAP. VII. Repealed by 12 Vic. c. 26. An Act to make further provision for the management of the CAP. VIII. Executed. Repealed by 8 Vic. c. 14. An Act for appropriating certain moneys therein mentioned for the service of the year of our Lord one thousand eight hundred and forty. CAP. IX. An Act to amend the Act now in force regulating apprentices. CAP. X. Made perpetual An Act to prevent the running at large of sheep and goats in the town of Charlottetown. by 11 Vic. c. 26. Expired. *This Act has been repealed by the City Council of Charlottetown, under the powers vested in the said Corporation by the Act 18 Vic. cap. 34, sec. 37. CAP. XI. An Act to continue for one year, the Act intituled "An Act for granting a bounty on vessels engaged in the fisheries of this Island." CAP. XII. An Act to regulate the floating of logs, scantling, deals, and other kinds of wood, down the rivers and lesser streams in this Island. WHEREAS in floating timber, logs, deals, scantling, and other kinds of wood, down the rivers and lesser streams in this Island, and on the arrival thereof at a mill dam, the owner or owners refuse to allow such timber, logs, deals, scantling, or other kinds of wood, to pass through the waste gate thereof, whereby the party or parties owning the said timber, logs, deals, scantling, or other kinds of wood, are subjected to unnecessary labour in carrying the same over such dam: and whereas it is not just that parties should be so inconvenienced, delayed and put to unnecessary expense: Be it enacted, by the Lieutenant Governor, Council and Assembly, That at the expiration of three months from the passing of this Act, every person having a dam across any of the rivers or streams as aforesaid, shall, within one calendar month next after request in writing of any person or persons who shall or may have timber, logs, deals, scantling, or other kinds of wood, to float down any river or stream as aforesaid, cause a waste gate to be constructed (if not already so done), suitable and convenient to float through such timber, logs, scantling, deals, or other kinds of wood, as is or are usually floated down such river or stream: provided always, that no owner of any mill dam shall be obliged to make or open a waste gate as aforesaid, unless there be one or more saw mill or mills in tion above such mill dam, or unless the person or persons requiring such waste gate to be made and opened, shall make oath, according to the form in the schedule to this Act annexed, that he or they hath, or have at least sixty tons of timber, logs, deals, scantling, or other kinds of wood, to be floated through the said waste gate. opera II. And be it further enacted, That such waste gate, when so made and constructed, shall remain and be kept up at the expense of the owner or owners of such mill dam, and be for the use of any party or parties who shall or may have timber, logs, deals, scantling or other kinds of wood, to float down such river or stream; and that such party or parties shall have the exclusive use of such waste gate and water for three hours in any one day, if required. Where damage is done to waste gate, the mode III. And be it further enacted, That should any damage be done to any waste gate, so made and constructed, by the passage of any timber, logs, scantling, deals, or other kinds of of proceeding wood, through the same, and the party or parties by whom for recovery of such damage shall have been so done, shall refuse to make owner. damages by before judg ment be given for plaintiff. good the said damage without any unnecessary delay, after application therefor in writing shall have been made to the said party or parties, it shall any may be lawful for any Justice of the Peace, residing in the County wherein such damage shall or may have been done, to proceed as in a case of trespass; and should the damages be found to exceed the jurisdiction of such Justice, the party or parties, plaintiff or plaintiff's, may then proceed at discretion in the Supreme Court. IV. And be it further enacted, That before any judgment Proof required shall be given for the plaintiff or plaintiff's in any suit or action so brought or commenced either before a Justice of the Peace or in the Supreme Court, the said plaintiff or plaintiffs shall be required to prove, on the oaths of at least two credible witnesses, that such waste gate was properly constructed, and of sufficient strength to admit of the floating through it of any timber, logs, deals, scantling, or other kinds of wood; and such action or proceedings shall be commenced within thirty days after such damage shall have been alleged to be done. £5 penalty on owners of dams not making waste gate, or of proper size, &c. V. And be it further enacted, That should any person or persons owning a mill dam, neglect or refuse to construct, or cause to be made and constructed, a good and sufficient waste gate, and of the proper size, for the purposes herein contemplated, on application as aforesaid, such person or persons, for every neglect or refusal, shall be subject and liable to a fine not exceeding five pounds, over and above any damage that may be sustained by the party or parties so making application as aforesaid to be recovered before any one of Her Majesty's Mode of reovery Justices of the Peace in the County wherein the mill dam and appropria- unprovided with a waste gate as aforesaid shall be; one half tion of penalty. of which fine shall be paid to the informant, and the other half into the treasury of this Island, to and for the use of Her Majesty's Government. diverted from its natural followed and VI. And be it further enacted, That should any river Any river, &c., or stream as aforesaid be diverted from its natural course, at any particular part thereof, and be carried through the lands course may be of any individual, it shall and may be lawful for any person or used by owners persons floating timber, logs, deals, scantling, or other kinds. of timber, logs, of wood, down such river or stream, to follow and use the civerted course of such river or stream; and the owner or And owner of occupier of any mill dam, on any such diverted stream, shall dam thereon to be liable to all the provisions and enactments herein before be liable to pro- mentioned, and shall likewise be entitled to all the remedies herein before mentioned, to owners or occupiers of other mill dams. &c. visions of this Act. Continuance of Act. VII. And be it enacted, That this Act shall continue and be in force for and during the space of two years, and no longer. |