Court of competent jurisdiction, incur and forfeit a penalty not exceeding fifty pounds, currency, or be imprisoned for a term of not more than three calendar months, in the discretion of the Court. persons setting XXX. And be it enacted, That if any person or persons shall wilfully and un- Penalties on lawfully (with the intention to set adrift) unmoor, by cutting or otherwise, any adrift timber, timber, masts, spars, staves, oars, handspikes, planks, boards, sawlogs, or other &c; description of lumber, or any boat, bateau or scow, or shall wilfully and unlawfully conceal any lumber, masts, spars, staves, oars, handspikes, planks, boards, sawlogs, timber found or other description of lumber, or any boat, bateau or scow, which, having been adrift; adrift in any river or lake in this Province, shall be so found adrift or cast on shore Or concealing marks. in any part of such river or lake, or any of them, and be saved, or shall wilfully Or defacing and unlawfully deface or add any mark or number on such timber, masts, spars, staves, oars, handspikes, planks, boards, sawlogs, or other description of lumber, or on such boat, bateau or scow, so saved, or make any false or counterfeit mark thereon, or shall unlawfully aid or assist in doing any such act as aforesaid, or shall refuse to deliver up to the proper owners thereof, or person in charge of the same on behalf of such owner, any such article aforesaid, such person or persons, being duly convicted thereof, on the complaint and oath of one or more credible person or persons, before any two Justices of the Peace for any part of this Province, shall forfeit and pay a sum not exceeding one hundred pounds, currency, nor less than five pounds, currency, for each offence; and one moiety of such Distribution of penalty shall go to Her Majesty, and the other moiety to the informer or prosecu- penalty. tor, and the offender shall and may be imprisoned until such forfeiture be paid, but no imprisonment shall, for any first offence, exceed three calendar months; and if any person be a second time convicted of any such offence, such person may be committed to the Common Gaol of the District wherein such conviction shall be had, there to remain not exceeding twelve calendar months. XXXI. And be it enacted, That it shall be imperative on the owners or conductors of rafts, to have bright fires kept burning during the night, while drifting on any of the navigable rivers in this Province, on pain of being subject to pay a penalty not exceeding ten pounds, currency, upon conviction before any two of Her Majesty's Justices of the Peace. XXXII. And be it enacted, That all the penalties, fines and forfeitures, by this Penalties how Act imposed, shall be sued for (except where otherwise provided for) within twelve recoverable; calendar months after the fact committed, and not afterwards, either in term time, before any of Her Majesty's Superior Courts of Record, or before any other Court having civil jurisdiction, to the amount of the penalty, fine or forfeiture, within the District wherein the offence shall have been committed, or in vacation before any Justice posed of. Justice or Judge of such Court, in a summary manner, and shall be also recoverable, with costs, in the same manner as other debts of the same value are recovera And how dis- ble in this Province, by bill, suit, plaint, or information; and one moiety of all such penalties, fines and forfeitures, (except such as are herein before otherwise applied) shall be forthwith paid over to the Receiver General, and shall form part of the Consolidated Revenue Fund of this Province, and shall be accounted for to Her Majesty, Her Heirs and Successors, through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner as Her Majesty, Her Heirs and Successors shall direct, and the other moiety shall belong to the party aggrieved, or to the informer or person who shall prosecute or sue for the same. XXXIII. And be it enacted, That if any action or suit shall be commenced against any person or persons, for any thing done in pursuance of this Act, such suit or action shall be commenced within the space of twelve calendar months next after the offence shall have been committed, and not afterwards; and the defendant or defendants in such action or suit may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act; and if it shall appear so to have been done, then judgment shall be given, or a verdict found for the defendant or defendants; and if the plaintiff shall be nonsuited, or shall discontinue his action after the defendant or defendants shall have appeared, or if judgment shall be given against the plaintiff, the defendant may and shall recover costs, and have the like remedy for the same as defendants have in other cases by law. XXXIV. And be it enacted, That all commissions and licenses, bonds, right of action, and any other act or thing performed in virtue of and under the authority of the Provincial Act herein first above cited and hereby repealed, shall be lawful and valid: Provided always, that the Supervisor and Cullers respectively shall take and subscribe the several oaths, and register and file the same as provided for in this Act. XXXV. And be it enacted, That this Act shall not apply to any lumber already culled or measured within the Ports of Montreal and Quebec. MONTREAL :-Printed by STEWART DERBISHIRE and GEORGE DESBARATS, An Act for better enforcing the provisions of the Act of the Legislature of Upper Canada, for the Regulation of Ferries, and for protecting the rights of the Lessees of Ferries. W [29th March, 1845.] HEREAS it is necessary and expedient to afford greater protection than Preamble. now by law exists to the Lessees of the Crown of Ferries, in that portion of this Province which formerly constituted the Province of Upper Canada, and to provide a more summary mode to punish persons unlawfully interfering with the rights of such Lessees of the Crown: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That if any person, after the passing of this Act, shall unlawfully interfere with the rights of any licensed Ferryman, by taking, carrying, and conveying, at any such Ferry, across the river or stream on which the same may be situate, any person, cattle, carriage, or wares, in any boat, vessel, or other craft, for hire, gain, reward, profit, or hope thereof, or shall do any other act or thing to lessen the tolls and profits of any such Lessee of the Crown at any such Ferry, every offender being convicted thereof before a Justice of the Peace, shall forfeit and pay such sum of money not exceeding five pounds, as to the Justice shall seem meet, which sum of money shall be paid to the party aggrieved, except where such party shall have been examined in proof of the offence, and in such case the money shall be applied and accounted for in the same manner as any penalty imposed for a breach of the peace: Provided always, that nothing herein contained shall extend to prevent any person or persons Penalty on persons interrights of the fering with the Lessee of any Ferry. Proviso: prevent partice keeping Nothing to C own use. boats for their persons from keeping any boat, vessel, or other craft, at any such Ferry for his or her or their own private use and benefit, but that the same shall in no wise be used, directly or indirectly, by him or her, or any other person or persons, to evade the payment of tolls at any such Ferry. Offender to be committed if the penalty be not paid. Licenses for II. And be it enacted, That in every case of conviction under this Act, when the sum forfeited shall not be paid immediately after the conviction, it shall be lawful for the convicting Justice to commit the offender to the Common Gaol of the District, there to be imprisoned for any term not exceeding two calendar months, unless the forfeiture, together with the costs, shall be sooner paid. III. And be it enacted, That every license for any such Ferry shall be issued by the Governor, Lieutenant-Governor, or person administering the Government of this Province, under the Great Seal thereof, and that any such license shall, on the trial of any offender against the provisions of this Act, be prima facie evidence of title to the Ferry: Provided always, that nothing herein contained shall extend Licenses here or be construed to make void any license heretofore granted, but that the same shall be received in evidence on any such trial, in the same manner as if issued after the passing hereof. Not to affect tofore granted. Appeal given to persons ag grieved by any thing done un der this Act. Proceedings on appeal to be as under 4 & 5 Vict. c. 27. Limits of Ferries. Act to apply IV. And be it enacted, That any person who shall think himself aggrieved by any conviction or decision under this Act, may appeal to the next Court of Quarter Sessions, which shall be holden not less than twelve days after the day of such conviction or decision, for the District wherein the cause of complaint shall have arisen; and that in the prosecution, hearing, and determination of the matter of the appeal the same proceedings and forms shall be had, taken, and observed, as are required by a certain Act of the Parliament of this Province, passed in the fourth and fifth years of Her Majesty's Reign, intituled, An Act for consolidating and amending the Statutes of this Province relative to offences against the person. V. And be it enacted, That in any case where the limits to which the exclusive privilege of any Ferry extends, are not already established, such exclusive privi lege shall not hereafter be granted for any greater distance than one mile and a half on each side of the point at which the Ferry is usually kept. VI. And be it enacted, That this Act shall extend only to that part of this Proonly to Upper vince which formerly constituted the Province of Upper Canada. Canada. MONTREAL:-Printed by STEWART DERBISHIRE and GEORGE DESBARATS, ANNO OCTAVO VICTORIA REGINÆ. CAP. LI. An Act to revive and continue, for a limited time, a certain Ordinance therein mentioned, for regulating the Militia in Lower Canada, and to suspend for a like time a certain provision of the Militia Law of Upper Canada. WH [29th March, 1845.] L. C. 1 Vict. cap. 22, cited. HEREAS it is expedient to revive and continue, for a limited time, the Preamble. Ordinance of His Excellency the Administrator of the Government of the late Province of Lower Canada, and of the Special Council for the affairs of the said Province, passed in the first year of Her Majesty's Reign, and intituled, An Ordinance Ordinance to provide for the defence of this Province, and to regulate the Militia thereof, which expired on the first day of May, one thousand eight hundred and forty-three Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the Ordinance cited in the Preamble to this Act, with the exception of the clause whereby the duration thereof was limited, shall be and is hereby revived, and shall be in force within that part of this Province which formerly constituted the Province of Lower Canada, from the passing of this Act and for the, time during which this Act shall remain in force, and no longer. II. Provided always, That it shall be lawful for the Governor, or person administering the Government of this Province, by any Militia General Order to be by him The said Ordinance revivtinued for the shall be in force. ed and con time this Act The Governor may by a Gen eral Order dispense with the |