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For the truth of the foregoing statement your petitioner refers to the annexed affidavit. [The affidavit to be made by disinterested parties, and state the size of the mill, number of gates, and the quantity each gate is capable of cutting.]

CHAPTER 11.

OF THE ESCHEAT OF MINING LEASES AND MILL RESERVES.

Section

1. Mining leases, conditions not performed, proceedings thereon.

Section.

2. Mode of service of notice, &c.
3. Lessee appearing, how to proceed.

1. On the report of the Crown Law Offcers to the Governor in Council that the conditions of any mining lease, licence, or mill reserve, have not been complied with, and the same is therefore liable to forfeiture, the Governor in Council may direct the Attorney General, or in his absence, the Solicitor General, to give not less than thirty days notice to the holder of any such right, of the grounds of forfeiture, and unless he shall within that time make it appear to the satisfaction of the Governor in Council that there were no such grounds of forfeiture as are mentioned in such notice, the same shall be forfeited.

2. Upon proof of the due service of such notice in like manner as common process out of the Supreme Court is required to be served, or if such person shall be beyond the limits of the Province, or cannot be found within the same, then upon proof by affidavit of the service of such notice on his attorney, agent, or representative (if any) within the Province, or by publication of such notice for three consecutive months in the Royal Gazette, the Governor in Council may escheat such lease, licence, or reserve, upon such equitable terms and conditions as he may deem right, and regulate the expenses thereof, and thereupon order a record of such escheat under the Great Seal to be filed in the Secretary's Office, which record, or a certified copy thereof, under the hand of the Secretary, shall be evidence of such escheat in all Courts.

3. If the holder of such right shall in person, or by attorney, appear on or before the day fixed in the notice for the hearing, and require the common law mode of proceeding to be pursued, the Governor in Council shall allow the same on his

giving a bond to the Queen, with two sureties, in the penal sum of fifty pounds conditioned for the payment of all expenses of the escheat, if effected.

CHAPTER 12.

OF TRESPASSES TO LANDS AND OTHER PROPERTY OF THE CROWN.

Section.

1. Wood not to be cut down, or minerals dug, &c., without licence. Penalty.

2. Property when to be forfeited and seized. Ónus probandi.

3 Mode of proceeding on seizure.

Section.

4. Penalty for assaulting or obstructing officer.

5. Mode of proceeding for penalties and forfeitures.

6. Certificate of probable cause, effect of, where no condemnation.

1. No person shall cut down any trees, lumber, or 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 of such Crown property, without licence from the Governor or other legal authority, under the penalty of not less than two pounds nor more than twenty pounds for each offence.

2. All trees, timber, wood, or other lumber of any description, which may be cut down, found on, or removed from any Crown Lands, and any thing made therefrom, and all minerals which may be raised or removed from any mine belonging to the Crown, or which shall be taken or detained from the Crown without the licence aforesaid, to be proved by the person claiming the same wherever prosecuted, shall be forfeited to the use of the Queen, and may be seized and prosecuted to condemnation by any person to be appointed for that purpose.

3. Any thing which shall be seized as aforesaid shall be deemed to be condemned, unless the claimant, within fourteen days thereafter, deliver a notice in writing to the seizing officer, specifying particularly the property to which his claim applies, and when so condemned, the same may be forthwith sold at public auction by the seizing officer after ten days public notice.

4. Any person who shall assault or obstruct any seizing officer in the execution of his duty, or any person in his aid, or who shall wilfully remove, cut, or set loose any thing seized as aforesaid, shall pay a fine to the Queen not exceeding one

hundred pounds, nor less than two pounds, at the discretion of the Court where prosecuted, and if not paid after conviction, such person shall be imprisoned not exceeding one year, nor less than ten days, at the like discretion.

5. All penalties, forfeitures, and seizures, under the provisions of this Chapter, may be prosecuted by information of the Attorney General or Solicitor General, and where judgment shall be awarded therein, it shall be with costs against the offender, and the prosecution shall be commenced within one year from the offence; but where the value of any seizure shall not exceed one hundred pounds, any two Justices, on the information of the Attorney General or Solicitor General, may proceed to the condemnation of the goods seized.

6. If judgment of condemnation shall not pass, and the Court in which the prosecution is instituted shall certify a probable cause of seizure, no action shall be maintained against any person concerned in the seizure or prosecution thereof; and any such person may, if any action should be brought, plead the general issue and give the special matters in evidence.

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1. All fees payable to or receivable by the Secretary of the Province for any thing done by him as such Secretary, or as Registrar or Clerk of the Crown in Chancery, shall be received by him and paid over to the Receiver General as a part of the public revenue; such fees shall be paid quarterly on the last days of December, March, June, and September, respectively in each year, and be accompanied by a detailed account thereof, specifying the particular services for which such fees have been paid, a copy of which shall be filed in the Secretary's Office for the purpose of being laid before the House of Assembly at the then or next Session of the Legislature.

2. The Clerk of the Pleas shall within ten days after the last day of each Term pay over to the Treasurer for the public all the fees he has received since the last preceding Term,

use,

with a detailed account, specifying the particulars of such fees, and by whom paid; he shall also annually on the first Monday in January, or within ten days thereafter, file a copy of such return in the office of the Secretary, for the purpose of being laid before the House of Assembly at the then sitting or next Session of the Legislature.

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1. This Chapter shall continue in force until the thirty first day of December in the year of our Lord one thousand eight hundred and fifty four.

2. There shall be collected and paid unto the Queen, for the use of the Province, upon all goods brought into the same, the several Duties set forth in figures in the subjoined Table, denominated "Table of Duties," opposite the respective goods in such Table specified, according to the value, number, or quantity thereof, whether from any part of the British Empire, or foreign place, or which may be saved from any wreck or stranded vessel.

3. The duties shall be in addition to any other duties which are or may be imposed, and shall be payable on all goods already imported on which no duties have been paid, in the same manner as if imported after the passing of this Chapter.

4. The duties shall be collected, paid, and received according to the weights and measures now in use in this Province, and if imposed according to specific quantity, value, or number, the same shall apply in like proportions to greater or less amounts.

5. On affidavit of the exporter of any dutiable goods for the deep sea or whale fisheries, the duties paid thereon shall be repaid, or if from the warehouse, the bonds shall be satisfied to the extent of the duties on the goods exported.

6. On satisfactory proof by affidavit that ship biscuit, salted beef, and pork, are required to be shipped as stores from any

warehouse, in a vessel of upwards of fifty tons burthen, for a voyage out and home of not less than thirty days probable duration, the same may be delivered from the warehouse as such stores, when entered on the vessel's clearance.

7. The goods mentioned in the Table hereinafter contained, denominated "Table of Exemptions," shall be free of duty.

8. The Governor in Council, in any case of doubt as to the duty on articles made up of several component parts, may direct such duty to be taken according to such part as appears to be within the intention of this Chapter.

9. The Governor in Council, whenever from time to time it may be thought advisable, may declare by proclamation what articles the growth, production, or manufacture of any of the British North American or West Indian Possessions, or of the United States of America, may be imported free of duty.

Apples, per bushel,

TABLE OF DUTIES.

Specific.

Axes, each, of three pounds weight and upwards,

Butter, per hundred weight,

Beans and Peas, per bushel,

Barley, per bushel,

Buckwheat, per bushel,

Barley Meal, per hundred weight,

Buckwheat Meal, per hundred weight,

Candles of all kinds, except Sperm and Wax,

per pound,

Sperm and Wax, per pound,

Cattle of all kinds, over one year, cach,

Cheese, per hundred weight,

Cider, per gallon,

Clocks or Clock Cases of all kinds, each,

Coffee, per pound,

Coals, per ton,

Chairs, per dozen, in addition to any duty im

posed on Chairs and parts of Chairs by
this Chapter,

Corn Meal, per barrel of 196 lbs.,

Fruit, dried, per hundred weight,

Horses, Mares, and Geldings, each,

Lard, per pound,

Leather,

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Sole, Upper Leather, Harness and Belt

Leather, per pound,

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