ANNO QUARTO GULIELMI IV. REGIS. At the General Assembly of His Majesty's Island of PRINCE EDWARD, begun and holden at CHARLOTTETOWN, the third day of February, Anno Domini, 1831, in the first year of the reign of our Sovereign Lord WILLIAM the Fourth by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith: And from thence continued, by several prorogations, to the fourth day of February, 1834, and in the fourth year of His said Majesty's reign; being the fourth session of the thirteenth General Assembly convened in the said Island. 1834. A. W. YOUNG, Lt. Governor. E. J. JARVIS, President. W. MACNEILL, CAP. I. An Act for the encouragement of Education. Expired. CAP. II. Amended by 6 W. 4, c. 6; continued by 3 An Act for the summary trial of common assaults and bat Vic., c. 17, and 9 Vic., c. 25. Expired. teries. Repealed by 1 Continued by 4 CAP. III. An Act for regulating the toll for the manufacture of oatmeal and pearl barley, and to amend an Act ascertaining the toll to be taken at grist mills. CAP. IV. An Act for establishing the size and quality of fish barrels and tierces, and for regulating the weight of fish the same shall contain. CAP. V. of highways to July, as many districts as they think neces sary. Sheep reeves to seize and take rams An Act for the appointment of sheep reeves, and to restrain rams from being at large at improper seasons; and to repeal the Acts formerly passed for that purpose. WHEREAS the rearing of sheep and improving the breed thereof is of great importance to the inhabitants of this Commissioners Colony: Be it therefore enacted, That from and after the appoint yearly passing hereof, it shall and may be lawful for the commissionon or before 1st ers of Highways for the time being, in their respective dissheep reeves in tricts, and they are hereby required and directed, to nominate their respective and appoint yearly, on or before the first day of July, as many fit and proper persons as they may conceive necessary, to act as sheep reeves in the several settlements for which they are appointed; and whose duty it shall be, to take up and seize any ram or rams going at large beyond the enclosures of the owner or owners' farm or farms within such settlement or district, between the fifteenth day of August and the tenth day of December in each year; and on receiving information of any ram or rams being at large as aforesaid, and on the same being shewn to the sheep reeve of such settlement or district, shall seize and take, or cause to be seized and taken, any such ram or rams going at large; and the said sheep reeve is hereby authorized to call on such of the inhabitants of such settlement or district as he may deem necessary, to assist him to effect the same: and such reeve shall give notice To give notice of his appointment, by posting at least two notices in writing, in the most public places within his district, in ten days after he shall receive such appointment. going at large between 15th August and 10th December. May call upon inhabitants to assist. of appoint ment. sing to act 40s. II. And be it further enacted, That if any such sheep Refusing to reeve so appointed shall refuse to serve when appointed, or serve or neg neglect or refuse to perform the duties required of him by this lecting or rofaAct, immediately on his receiving the information as aforesaid, when appoin he shall forfeit and pay to His Majesty, for each and every ed, to forfe refusal or neglect, the sum of forty shillings-and each and every person refusing or neglecting to assist in seizing and taking any ram or rams at large as aforesaid, within the district or settlement where such person may reside, when requested by the sheep reeve of such district or settlement, shall, for each neglect or refusal, forfeit and pay to the said sheep reeve the sum of five shillings. Persons neg sing to assist reeve when re its lecting or redu quired, to fos For every rang so found at pay the reeva 158. If no owner III. And be it further enacted, That for every ram so found at large as aforesaid, the owner or owners shall forfeit and pay to the sheep reeve of such settlement or district the large, owner sum of fifteen shillings; and if no owner can be found to claim such ram or rams so found at large as aforesaid, within three days after the seizure thereof, it shall and may be law- pear within ful for the said sheep reeve to sell, or cause to be sold, at pub- days, ram tolm lic auction, (at least three days' notice of such auction having Three days been previously given, by posting written notices at two of notice to be the most public places in such settlement or district wherein given. such ram or rams was or were taken,) and the proceeds of Reeve to keep such sale shall be paid as a recompense to the sheep reeve sale. for his trouble. sold. the proceeds f IV. And be it further enacted, That if any person or per- Penalty on parsons shall obstruct any of the sheep reeves in the execution of sons obstruct their duty, such person or persons shall severally forfeit and to exceed 20 pay to the sheep reeve so obstructed, a fine not exceeding twenty shillings, to be recovered as is hereinafter directed. V. And be it further enacted, That no person shall be compelled to serve as a sheep reeve under and by virtue of this Act, oftener than once in three years. No one com pelled to serve reeve ofte as er than once m three years Fines and forfeitures to be sued for within 30 days, before any Jtice of the VI. And be it further enacted, That all fines and forfeitures arising under and by virtue of this Act, shall be sued for within thirty days after the commission of the offence for which the same shall have been incurred, and be recovered before any one of His Majesty's Justices of the Peace within the County where such offence shall have been committed; and the same shall be levied by warrant of distress on the goods and chattels of the offender or offenders; and if no goods and chattels can be found whereon to levy, the said Justice is hereby authorized and empowered to commit the offender or offenders to prison, for a period not exceeding one mitted.. month. Peace for the How levied. For want of goods, offend may be com 31 G. 3, c. 6. 43 G. 3, c. 5. Recited Acts repealed. VII. And be it further, enacted, That an Act made and passed in the thirty-first year of the reign of His Majesty King George the Third, intituled "An Act to prevent the running at large of rams at improper seasons;" and an Act made and passed in the forty-third year of His said Majesty's reign, intituled "An Act to amend an Act made and passed in the thirty-first year of His present Majesty's reign, intituled An Act to prevent the running at large of rams at improper seasons;'" and an Act made and passed in the first year of His present Majesty's reign, intituled "An Act to prevent the running at large of rams at improper seasons, and to regulate the appointment of sheep reeves, and to suspend two certain Acts therein mentioned," be, and the same are hereby respectively repealed. Repealed by 12 Vic. c. 28. CAP. VI. An Act relating to costs in cases of penalties recoverable be-fore Justices of the Peace. CAP. VII. See 8 Vic., c.10. An Act to enable the Supreme Court to give costs in cases of certiorari. W HEREAS doubts have arisen whether the Supreme Court can award costs to plaintiffs in cases of certiorari for remedy whereof, be it enacted, by the Lieutenant GovIn cases of cer- ernor, Council and Assembly, That it shall and may be lawful tiorari Supreme to and for the Justices of the Supreme Court, (and they are hereby empowered so to do,) to give reasonable costs in cases of certiorari, as well to the plaintiff as to the defendant; any rule of Court, law, usage or custom to the contrary thereof in any wise notwithstanding. Court may give costs as well to plaintiff as defondant. Proviso as to Acts by which an appeal to Supreme Court is granted. Writ to be ap II. Provided always, and be it further enacted, That in all cases where an appeal is given by any Act to the Supreme Court, no such writ of certiorari shall be issued, unless special cause on affidavit be shewn to the Chief Justice or other Justices of the said Court; and unless notice of such motion for a writ of certiorari shall have been served upon the party against whom such writ of certiorari is prayed, at least ten days before such motion shall be intended to be made. III. And be it further enacted, That no writ of certiorari plied for with shall be issued unless, the same shall have been applied for within one month from the time of judgment having been given in the Court below. in one month. |