country, or knowingly to use any such forged counterfeited or imitated stamp, or to engrave, cut, sink, or make any plate, die, or other thing, whereby to forge, counterfeit, or imitate such stamp, or any part or portion thereof, except by permission in writing of the postmastergeneral, or some officer or person, who, under this act, may lawfully grant such permission; or to have possession of any such plate, die or other thing as aforesaid, without such permission as aforesaid, or to forge, counterfeit or unlawfully imitate, use, or affix to, or upon any letter or packet, any stamp, signature, initials or other mark, or sigu, purporting that such letter or packet ought to pass free of postage, or at a lower rate of postage, or that the postage thereon had been pre-paid, shall be felony, punishable by imprisonment in the penitentiary for life. Offences punishable as Misdemeanors. 1. To open unlawfully, or wilfully to keep, secrete, delay or detain, or procure, or suffer to be unlawfully opened, kept, secreted or detained, any post letter bag or any post letter, whether the same come into the possession of the offender by finding or otherwise howsoever, or after payment or tender of the postage thereon (if payable to the party having possession of the same), to neglect or refuse to deliver up any post letter to the person addressed or legally entitled thereto, shall be a misde. meanor. 2. To steal, or for any purpose to embezzle, secrete, destroy, wilfully detain or delay, any printed form or proceeding, newspaper, printed paper or book sent by post, shall be a misdemeanor.. 3. To obstruct or wilfully delay the passing or progress of any mail. or of any carriage or vessel, horse, animal or carriage employed in conveying any mail on any public highway, river, canal or water communication in this province, shall be a misdemeanor. 4. To cut, tear up, or wilfully to damage or destroy any post leter bags, shall be a misdemeanor. 5. It shall be a misdemeanor for any mail carrier or any person employed to carry any mail, post letter bag or post letters, to be guilty of any act of drunkenness, negligence or misconduct, whereby the safety or punctual delivery of such mail, post letter bag or post letters shall be endangered; or, contrary to this act or any regulation made under it, to collect, receive or deliver any letter or packet, or to neglect to use due care and diligence to convey any mail, post letter bag or post letter, at the rate of speed appointed therefor by the regulations then in force or the contract under which he acts. 6. It shall be a misdemeanor for any toll-gate keeper to refuse or neglect forthwith upon demand to allow any mail or any carriage, horse, or animal employed in conveying the same, to pass through such toll-gate, whether on the pretence of the nonpayment of any toll, or any other: Provided that nothing herein shall affect the right of any officer or person travelling with any mail to pass toll free through any toll-gate; but in any case where such officer or person would now pass toll free, any officer or person travelling with a mail after the passing of this act, shall, in like manner, pass toll free, but not otherwise or elsewhere, unless it be otherwise provided by competent authority: but in any case he shall not be detained on pretence of demanding such toll, but the same, if due and not paid, shall be recoverable in the usual course of law from the party liable. 7. Any wilful contravention of any regulation lawfully made under this act shall be a misdemeanor, if declared so by such regulation. 8. To solicit or endeavor to procure any person to commit any act hereby made or declared a felony or misdemeanor, shall be a misdemeanor; and every such misdemeanor shall be punishable by fine or imprisonment, or both, in the discretion of the court; and every princi pal in the second degree, and every accessory before or after the fact to any such felony as aforesaid, shall be guilty of felony and punishable as the principal in the first degree; and every person who shall aid, abet, counsel or procure, the commission of any such misdemeanor as aforesaid, shall be guilty of a misdemeanor, and punishable as a principal offender; and any imprisonment awarded under this act shall be in the penitentiary, if for a term of or exceeding two years: and if the imprisonment awarded be for a less term, it may be with or without hard labor, in the discretion of the court. §17. Offences under this act may be dealt with, indicted, tried and punished, and charged to have been committed in the locality where committed, or where the offender shall be apprehended, or be in custody. § 18. In indictments, the property of such post letter bag, post letter, packet, chattel, money, or valuable security sent by post, shall be laid in the provincial postmaster general. § 19. Certain provisions of the 10th and 11th V. c. 31, extended to officers of the provincial post office. § 20. The provincial postmaster general may compromise and compound any action, suit, or information commenced by his authority, for recovering any penalties under this act, on such terms and conditions as he shall think proper. § 21. All mere pecuniary penalties imposed by this act, shall be recoverable with costs in any court having jurisdiction to the amount, and shall belong to the crown, saving the power of the governor-in-council to allow any part, or the whole, to the informer. But all such penalties shall be sued for within one year after being incurred: and if the penalty do not exceed £10, it may be recovered before any one justice of the peace, in a summary manner, and if not paid may be levied by distress under warrant of such justice; and if exceeding £10, the offender may be indicted for a misdemeanor (instead of being sued for the penalties), and if convicted, punished by fine, or imprisonment, or both, in the discretion of the court. § 22. Penalties may be recovered on the oath of one credible witness. § 23. In any action against any postmaster, &c., a statement of the account of such postmaster, shewing the balance, and certified as correct by the accountant of the post office, shall be evidence, and judgment shall be for double the amount. § 24. Interpretation clause. POUND BREACH. Pound Breach is the forcibly breaking the pound, in which cattle or goods have been put after being lawfully distrained, for the purpose of rescuing them. It has been doubted whether this is an indictable offence, when unaccompanied by a breach of the peace.-4 Leon. 12; 3 Burr. 1791, 1731. But as pound breach is considered a greater offence at common law than even a rescue of the goods distrained, and is no doubt an injury and insult to public justice, it seems to be equally indictable as such at common law.-Mirror, c. 2, § 26; 2 Chit. c. 4, 204, note (b). It is well observed, however, that the civil remedy given by the statute of 2 W. & M. c. 5, § 4, will, in most cases of a pound breach, or a rescue of goods distrained for rent, be found the most desirable mode of proceeding, where the offenders are responsible persons.-1 Russ. 363. For under the provisions of that statute, the party grieved may, in a special action on the case, recover treble damages and costs against the offenders, or against the owner of the goods, if they come to his use. See Bradley on Distresses, 282; 6 Bac. Ab. Rescue, C. The punishment, upon a conviction on indictment for pound breach, is fine or imprisonment, or both. Indictment for breaking Pound. (CHITTY.) County of, Į The jurors, &c., that on, &c., at &c., one J. C. took to wit. and distrained one mare and two colts, of the cattle of one J. S. late of the township aforesaid, in the county aforesaid, yoeman, of the price of twenty pounds, in and upon a certain close or parcel of land, of him the said J. C., situate and being at &c. aforesaid, wrongfully feeding and depasturing upon the grass growing in and upon the said close and parcel of land and doing damage to him, the said J. C. there, as a distress for the damage then and there done, and doing by the said cattle, and the said mare and colts so taken and distrained, as aforesaid, he, the said J. C., on the same day and year aforesaid, at &c. aforesaid, in the common pound of the said township of in the county aforesaid, impounded and kept, and detained the same in the said common pound there, as a distress, for the cause aforesaid: And the jurors, &c. do further present, that the said mare and colts, being so impounded, and remaining in the said common pound there, as a distress, for the cause aforesaid, the said J. S. on &c. aforesaid, with force and arms, at &c. aforesaid, the said common pound, broke and entered, and the said mare and colts from and out of the same, without the license, and against the will of the said J. C., and without any satis faction having been made to the said J. C. for the damage done by the said mare and colts, as aforesaid, unlawfully did rescue, take, lead, and drive away, in contempt of our lady the Queen and her laws, to the evil and pernicious example of all others in the like case offending, and against the peace of our said lady the Queen, her crown and dignity. POUND KEEPERS. By 12 Vic. c. 81, § 31, the municipal corporation of each township is empowered to make by-laws for (amongst other things) the appointment, under the corporate seal, of a sufficient number of pound-keepers and other officers, with power to displace them and appoint others, and add to or diminish the number of them, as the corporation shall see fit; also, for regulating and prescribing their duties, and the penalties to be incurred on their making default; and for settling the remuneration to township officers; and for inflicting reasonable penalties for refusing to serve office. Poundkeepers' duties by Statute. It is enacted by 1 Vic. c. 21 (the whole of which is repealed by 12 Vic. c. 80, excepting sections 32, 33, 34 and 35, which are expressly saved from the operation of this act, by schedule B.), § 32, that pound-keepers appointed under this act are to provide themselves with sufficient yards or enclosures for the safe keeping of animals impounded; and pound-keepers are required to impound all animals unlawfully running at large, trespassing and doing damage, that may be delivered to them by any person resident within their division, and shall furnish the same with necessary food and drink; and if after 48 hours such animals shall not be claimed and redeemed by the owner paying the pound-keeper his lawful demand and charges, and the amount of damages awarded as hereinafter provided, he shall cause a notice in writing to be affixed in three public places in the township, for at least fifteen days, giving a description of the animals, and stating the time and place of sale; and if the owner does not redeem the same within the time, by paying the pound-keeper's fees, to be regulated from time to time by the town wardens, who shall furnish a copy or schedule to the township clerk for the information of the poundkeepers, and the charges and damages awarded to the person impounding the same, said pound-keepers shall sell the same to the highest bidder, and shall, after deducting his own legal charges, and damages awarded to the impounder, return the overplus to the owner: Provided, that if no person claim such animals within three months after public notice and sale as aforesaid, such overplus shall be paid to the township clerk, to be expended in the improvement of the roads and bridges of the township. § 33. If any ox, horse or cow, shall be impounded, and not claimed within fifteen days, and the owner not known to the pound-keeper, he shall not sell the same at the time stated in such notice, but shall postpone the sale for forty days, when the pound-keeper shall sell the same and dispose of the proceeds as before mentioned: Provided, that the owner may at any time before such sale redeem the same by paying demands as aforesaid. § 34. Person impounding cattle shall within twenty-four hours state in writing to the pound-keeper his demands against the owner for damages; and if the owner shall tender to the pound-keeper the full sum which shall or may be awarded as damages, with the costs then incurred, he shall not be liable to any costs afterwards, but the same shall be borne by the party claiming excessive damages. § 35. In case the owner shall object to the amount of damages claimed, the pound-keeper shall, within forty-eight hours after impounding, notify three disinterested resident freeholders or householders, farmers in the township, to appraise the damages, and also to judge of the sufficiency of the fence enclosing the ground where such animals were found doing damage; and such freeholders or householders, or any two of them, shall, within twenty-fours after notice, view such fence and determine whether the same is a lawful fence, and if so, appraise the damage done, and deliver their award in writing, signed with their names, to the pound-keeper, within twenty-four hours after being so notified. Any person neglecting or refusing to attend to examine such damage after being notified, shall be liable to a penalty of 5s., to be recovered and applied as other fines imposed by this act for refusing to perform statute labour: Provided, that the owner of any animals not permitted to run at large shall be liable for any damage done, notwithstanding the fence was not of the height required. Notice by the Pound-Keeper. Notice is hereby given, that I the undersigned A. B., pound-keeper of the township of in the county of have this day, at the request of C. D. of impounded in the common pound of the said township of, situate at in the said township, [one bay horse, &c., describing also any particular marks he may have, and one brown and white cow, &c., describing also the animal more particularly if need be], which were this day found trespassing upon the lands of the said C. D., in the said township; and unless the owner or owners thereof shall, within fifteen days from the date hereof, redeem the same at the aforesaid pound, by paying the damages sustained by the said C. D., by reason of the said cattle so trespassing on his lands as aforesaid, and the charges of the pound-keeper, I shall proceed to sell the same by public auction, on the next, in the market place of the town of(or wherever else it may be expedient to effect such sale), pursuant to the statute in such case made and provided. Witness my hand, at in the said county, the 18 day of day of A. B., Pound-keeper. |