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14. Where a trespass is committed by breaking through any part of a division fence, which the owner of the cattle trespassing ought to keep in repair, the defect of such fence shall not be deemed an excuse for such trespass.

15. When any cattle shall break or escape into any close, no action shall be maintainable by reason thereof for any damage arising therefrom, unless such close be at the time under lawful fence, except the party complained of shall either by agreement or otherwise be bound to erect or keep in repair such fence, or where certain waters or water fences or gates may by law, or any regulations of the Sessions made in pursuance thereof, be made a lawful fence or enclosure.

16. In all cases of trespass by cattle where the damage does not exceed five pounds, the same may be heard before a Justice as in civil suits.

17. When necessary a Justice may grant a Replevin (Q), and on return thereof shall determine the same and grant execution, and shall receive such fees as hereinafter provided.

18. The officer before executing the same shall take from the plaintiff a Bond (R) with two sureties, the penalty not to exceed five pounds.

19. If the plaintiff fail to prosecute his suit within the time specified, the officer shall assign the bond to the defendant. who may recover the same in his own name in any competent Court.

20. All cattle impounded as aforesaid and not liberated in three days after notice in writing advertised in three of the most public places of the district, may be sold at auction by the pound keeper after fourteen days public notice thereof, unless all charges and expenses incurred on account thereof be paid.

21. If he sell the cattle he shall pay all charges and expenses out of the proceeds, giving the overplus (if any) to the owner, should he not demand the same within fourteen days after such sale, he shall pay the same to the Overseers of the Poor of the Parish for the support of the Poor.

22. The Sessions may make such other regulations not inconsistent herewith for preventing trespasses by cattle and preventing cattle from going at large, and may thereby impose fines and penalties.

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1. If any dog shall maim or kill a sheep or lamb, the owner upon conviction before a Justice, shall cause the dog to be immediately killed.

2. The owner of any sheep or lamb so maimed or killed, may recover the damage sustained from the owner of the dog before any Justice with costs.

3. If the owner after conviction neglect to kill such dog, he shall be liable to a fine of twenty shillings for every time such dog shall be found rurning at large, the same to be recovered with costs as in the preceding Section.

4. If such owner have no goods whereon to levy, or neglect to pay the fine, he shall be imprisoned not less than four days.

5. After conviction the Justice may issue his warrant to a constable, requiring him forthwith to cause the dog to be killed, and any person may kill a dog running at large after it has been known to kill any sheep or lamb.

6. In any action against a person for killing a dog in such case, the defendant may plead the general issue, and give the spécial matter in evidence.

7. No person shall take, kill, wound, or otherwise destroy any moose between the first days of February and May in each year under the penalty of ten pounds for each offence, one half to be paid to the prosecutor, the other half to the Overseers of the Poor where the offence may be committed, for the use of the poor.

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1. Any person requiring a Sluiceway to drive lumber over any dam erected or to be erected across a River shall call upon the Surveyor of Dams for the Parish where situate, who shall examine the same and report in writing to the Sessions his opinion as to the necessity therefor.

2. If he recommend the making a sluiceway, and the Sessions approve thereof, a notice in writing shall be forthwith served upon the owner or occupier, requiring the same to be made within such time as the Sessions may determine.

3. If such owner or occupier do not comply with such notice, the said dam shall be a public nuisance, and upon conviction of such owner or occupier upon an indictment therefor before the Sessions, he shall be fined in a sum not exceeding twenty pounds, and the Court shall order the nuisance to be abated. 4. The party so applying to the Surveyor of Dams shall pay . him his necessary expenses and a reasonable allowance for his

time.

5. In all dams erected across any River situate wholly or in part in this Province which has been or may be resorted to by fish from the sea at the season of spawning, there shall be a fishway sufficient for such fish to pass up and return without any hinderance.

6. If any such dam shall at any time be without such fishway the Overseers of the Fisheries shall give notice in writing to the owner or occupier thereof, to make a sufficient fishway therein within forty days after such notice.

7. Should such owner or occupier neglect to comply with the terms of such notice, the said dam shall be thenceforth a public nuisance, and such owner or occupier thereof being convicted on an indictment therefor before the Sessions, shall be fined not less than twenty nor more than forty pounds, and the nuisance shall be forthwith abated by order of the Court.

8. If such owner or occupier neglect to pay such fine, the Sessions shall issue a warrant for levying the same by distress and sale of the offender's goods; if none can be found the offender may be committed to gaol for four months unless the fine be sooner paid.

9. Nothing herein contained shall affect any law now in force concerning any River, nor regulations made under such law, or the common law rights of individuals.

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1. The Sessions, in addition to the powers otherwise conferred upon them, may make regulations for the following purposes, namely:

First. For the establishment and regulation of markets, market houses, and fairs, and for the slaughtering of animals, and the sale of dead meats.

Second. For the licencing and regulation of ferries, and fixing the rates and fares therefor, and for conveying passengers to and from steam boats on their passage along the rivers.

Third. For the protection of streets, squares, side walks, and pavements, and of the posts, railings, trees, and other defences and ornaments thereof.

Fourth. For the use and management of public docks, wharves, landings, and cranes, and fixing the rates of dockage, wharfage, and cranage.

Fifth. For the regulation of carriages for hire, cartage and truckage, and the lading and unlading of vessels.

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Sixth. For the measurement of salt, coals, and wood, and fixing the rates therefor.

Seventh. For the weighing of hay and straw, and fixing the rates therefor.

Eighth. For the erection of and keeping in repair fences and gates across highways for the protection of intervale lands; none to be erected not heretofore authorized.

Ninth. For the occupation and grazing of marshes, and other low lands and islands, and the erection of water and other fences and gates therein, and for determining what crecks, lakes, swamps, rivers, and fences, shall be deemed lawful enclosures for the same.

Tenth. For the regulation of pounds, and fixing the fees and rates therefor.

Eleventh. For the regulation of the fisheries, and of seines, nets, and fish weirs within rivers and harbours.

Twelfth.-For the regulation of School reserves, Town commons, and other lands for public uses.

Thirteenth. For imposing and collecting a tax on dogs. Fourteenth. For the government of Pilots, and fixing the rates of pilotage..

Fifteenth.-For the regulation and management of booms for holding timber, logs, and other lumber, and for the driving of timber and logs; to fix the table of tolls for boomage, with the lien of the Boom-master therefor, and prescribe the mode of recovering and right of disposing of the lumber of any person for which such boomage may be charged, in default of payment, not interfering with any Corporation or person empowered by law to establish a boom.

Sixteenth. For the preservation of the navigation of rivers and harbours.

Seventeenth. For defining the gaol limits, not exceeding three miles nor less than half a mile from the goal.

Eighteenth. For the regulation and management of work houses and goals.

Nineteenth.-For the marking of neat cattle and sheep. Twentieth.-For preventing disorderly riding and driving on the public roads and bridges.

Twenty first.-For preventing the growth of thistles and other noxious weeds.

Twenty second.-For the destruction of mad dogs.

Twenty third.-For preventing the burning of woods by carelessly or wantonly firing the same.

Twenty fourth.-For regulating the assize of bread.
Twenty fifth.-For preserving the banks of rivers.

Twenty sixth.-For establishing lock-up houses in such parts of any County as may be necessary, and making regulations for the government thereof; and any officer having the custody of a prisoner may commit to such lock-up house until he can be removed to the common gaol; but no person under arrest in civil causes shall be detained therein more than forty eight hours.

Twenty seventh.-For preventing vice, immorality, and indecency in the streets, highways, and other public places.

Twenty eighth.-For restraining and regulating the licencing of all exhibitions, circuses, and other shows for hire or profit, and to preserve order thereat.

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