Imagens das páginas
PDF
ePub

other persons.

their respective lots of land and farms, to the exclusion of all rence below Quebec. 2. An action of trespass may be maintained by the party Action of aggrieved against any person offending, by cutting any trespass. grass hereby reserved to such party as aforesaid, and contravening this section, to the person.

prejudice of such party or

21st March,

3. In all cases of difficulty, the quiet and public possession, Party in posas had before the twenty-first day of March, 1836, shall avail session on the and be maintained; and nothing herein contained shall limit 1836, to retain the right of fishing on the beaches, as established and exercised it. before the said day. C. S. L. C., c. 28, s. 1.

II.-OFFENCES AND FINES.

[ocr errors]

to stray on

5538. No person shall suffer live stock of any description No live stock to stray or run at large between high and low-water marks, in to be allowed the summer or autumn, on any of the said beaches of the river such beaches. St. Lawrence, under the penalty of fifty cents, for each animal so allowed to stray or run at large as aforesaid.

Such penalty shall be recovered from the possessor or owner Recovery of of such cattle. C. S. L. C., c. 28, s. 2 § 1.

fine.

5539. In case such owner or possessor is not known, the In case owner cattle or animals so straying may be confined by any person animals be of straying whomsoever, until they are claimed by the owner or possessor, unknown. who shall pay to the person so detaining them, a reasonable price for the keeping thereof, which price, if the owner or possessor refuse to pay, shall be levied in the manner provided for the penalties imposed by this section. C. S. L. C., c. 28, s. 2 § 2.

straying

5540. All persons, detaining any cattle found straying, Duty of pershall give notice thereof at the church door of the nearest sons finding parish, on a Sunday or other holiday after divine service in cattle. the forenoon; and if such cattle be not claimed, and such expenses paid within eight days after such notice, then the said cattle may be sold by order of any justice of the peace, and the price, after deducting such expenses and those of the notice, shall remain in the hands of such justice of the peace, for the owner of such cattle when known. C. S. L. C., c. 28, s. 2 § 3.

5541. This section shall not in any wise affect the rights of Rights of Her Her Majesty, or of any person, body politic or corporate, in Majesty, &c., preserved. any such beach or strand of the said river St. Lawrence. C. S. L. C., c. 28, s. 3.

5542. This section shall not give to the proprietors of the Nothing herebanks of the said river, any right or title whatsoever to enclose in to authoor embank, by fences or otherwise, the said beaches and strands, closing of

rize the en

such beaches. or in any manner to impede the free and open navigation and commerce, over the said river to all Her Majesty's subjects, or to deprive any person of the free use of the beaches of the said river St. Lawrence as by law provided. C. S. L. C., c. 28, s. 4.

How penal

ties shall be recovered.

Application of penalties.

III. RECOVERY OF FINES.

5543. The penalties by this section imposed shall be recoverable in a summary way, before any justice of the peace, upon the evidence, on oath, of any one credible witness, other than the informer, and be levied by seizure and sale of the goods and chattels of the offender, (returning to the said offender the overplus, if any, after deducting the costs of suit, seizure and sale), by virtue of a warrant under the hand of the justice of the peace before whom the conviction takes place. Č. S. L C. C., c. 28, s. 5.

5544. One moiety of any penalty, levied under this section, shall go to the informer, and the other moiety to Her Majesty for the public uses of the Province. C. S. L. C., c. 28, s. 6.

§2.-Wharfingers.

Wharfingers,

tise, in news

and descrip

tion of un

I. SALE OF GOODS IN THE POSSESSION OF WHARFINGERS.

5545. All wharfingers, warehouse-keepers, agents, steam &c., to adver- boat proprietors or companies, canal or railway officers and papers a list servants, stage proprietors, and other persons, in whose custody any unclaimed goods or articles remain, shall advertise once in every month, in at least one newspaper printed in the city of goods remain- Quebec, and in one printed in the city of Montreal, a list and ing in their custody. description, with the marks, numbers and addresses, if such there be, of such unclaimed goods and articles.

claimed

Notice to parties to claim goods.

Notice of

sale if not claimed.

Proviso.

2. Such list shall contain a notice to all persons, who claim any of such goods, to come forward within six months from the date of such notice, to prove their property and receive the same, upon payment of any charge for freight, carriage or otherwise that has accrued thereon, with a proportionate part of the expense of advertising, and a reasonable charge for wharfage or storage.

Such list shall also contain a notice that, at the expiration of the said six months, the packages, parcels and other articles then remaining unclaimed, will be opened and examined, and if nothing appears therein whereby to ascertain the names of the owners, consignees, or persons entitled to receive the same, that then, at the expiration of six months thereafter, the same will be sold by public auction, and the proceeds, deducting all expenses, deposited in the hands of the Provincial Treasurer.

3. Fruit or other perishable articles shall be immediately advertised, and may be sold within one week after the date of such advertisement. C. S. L. C., c. C3, s. 1.

same.

5546. If, upon opening such packages or parcels, the names Duty of perof the owners, consignees, or persons entitled to receive the son in whose hands packsame are ascertained, the person in whose possession such ages are, on packages or parcels remain, shall send by post or otherwise a opening the written notice to such owners, consignees, or persons entitled to receive the same, with an intimation, similar to the advertisement above enjoined, to come and claim the same within six months, and that in default thereof they will be sold by public auction, as provided in the preceding article. L. C., c. 66, s. 2.

C. S.

to be sold

5547. Immediately after the expiration of twelve months Unclaimed from the date of such advertisement, the person in whose articles custody they arc, shall cause them to be sold by public auction, after twelve and shall forthwith cause the proceeds of such sale, after deduct- months and ing the charges and expenses, to be paid to the Provincial proceeds de

Treasurer.

posited with Provincial

Account of

He at the same time deposits with him a separate account of Treasurer. sales for each package, which shall remain in his office, subject sales of to all further authenticated claims for any part of the said packages. proceeds.

have been

Any person whose goods or property have been so sold, and Persons the proceeds thereof paid to the Provincial Treasurer, shall whose goods receive the amount of such proceeds from the Provincial sold may reTreasurer, upon a warrant to be issued by the Lieutenant- ceive the Governor, after sufficient proof that the person claiming is entitled to the same. C. S. L. C., c. 66, ss. 3 and 5.

amount.

5548. If any dispute arise between the claimant of such How dispute. articles and the person in whose possession they are, either between parties claiming with respect to the legality of the claim, or with respect to the articles shall amount charged for storage, wharfage, and other expenses be deterthereon, the same shall be determined in a summary way before a justice of the peace, within four days after application made to him for that purpose by either of the parties.

mined.

The costs shall in no case exceed in the whole the sum of Costs of protwo dollars, and are paid by the party against whom such ceedings. decision is given, and in default of payment, are levied by distress and sale of the goods and effects of such party, under a warrant signed by any justice of the peace. C. S. L. C., c. 66, s. 6.

II. PENALTIES AGAINST HOLDERS OF SUCH GOODS.

5549. Every holder of unclaimed articles, who neglects to Penalty on comply with the foregoing provisions, shall incur a penalty persons not complying not exceeding one fourth of the appraised value of the goods with foregodetained, one half of which shall belong to Her Majesty and ing provithe other to the informer.

sions.

Such penalty may be sued for and recovered before any Recovery of justice of the peace for the district, on the oath of one or more penalty. credible witnesses, other than the informer; and, in default of immediate payment, shall be levied with costs, by distress and

sale of the offender's goods and chattels, under a warrant signed by any justice of the peace. C. S. L. C., c. 66, s. 4.

SECTION VIII.

PROVISIONS IN CONNECTION WITH CHAPTER THIRD OF BOOK THIRD.

OF OFFENCES AND QUASI-OFFENCES.

(Article 1053 and following.)

DAMAGE TO PROPERTY.

Powers and duties of municipal councils not affected.

Penalty on trespassing.

Watercourses and the banks

thereof to be thoroughfares.

Arrest of offenders.

Penalty on

aging prop

day;

$1-Declaratory.

5550. This section does not in any manner affect the powers and duties of municipal councils, whether local or county, except in so far as expressly enacted therein. C. S. L. C., c. 26, s. 1; M. C. art. 1086; 40 V., c. 29.

§ 2.-Trespass on the Property of others and Damages caused thereto.

5551. Except in the discharge of any duty imposed by law, no person shall enter upon or pass over the land or beach land belonging to any person or corporation, without permission of the owner or his representative, under penalty of a fine of not less than one, or more than six dollars.

2. It shall be lawful, nevertheless, to make use of any river or water-course, ditch, drain or stream, in which one or more persons are interested, and the banks thereof, for the conveyance of all kinds of lumber, and for the passage of all boats, ferries and canoes, subject to the charge of repairing, as soon as possible, all damages resulting from the exercise of such right, and all fences, drains or ditches damaged.

3. The proprietor, or his representative or servant, may arrest without warrant any person in the act of contravening this article, and bring him or cause him to be brought forthwith before a justice of the peace. C. S. L. C., c. 26, ss. 2 and 45; 24 V., c. 30, s. 20.

5552. Whosoever during the day, upon the land or beach persons dam- belonging to any other person or corporation, leaves any gate erty, &c., by open, takes down, cuts, breaks, removes or damages any fence, cuts or destroys any hedge, cuts, shatters, breaks down, removes or damages any tree, shrub, or plant, removes any canoe, craft, ferry or boat, from the bank of any river or other place, or burns or removes from such property any wood, shall incur a penalty of not less than one or more than six dollars; if such If by night. offence be committed during the night, the penalty shall be doubled; and, in either case, the offender may be also condemned to the payment of damages.

away fences.

2. Any person, who has pulled down or removed any part of Pulling down a fence, or who is found upon any land or beach land, highway or carrying or road having in his possession any part of the materials of any fence, may be arrested without any warrant, either by the owner or one of his servants, or by any person cognizant of the offence, and brought before any justice of the peace who may imprison him, with a view to further examination, for any period not exceeding twenty-four hours, or admit him to bail if he can furnish it to his satisfaction.

arrange with

3. The person so arrested, may, however, arrange with the Offender may proprietor or complainant, and may be discharged upon pay complainant. ment of all costs, damages and penalties theretofore incurred. C. S. L. C., c. 26, s. 3; 24 V., c. 30, s. 20.

must give a

5553. Any person, found either in a forest reserved chiefly Any person for fire-wood or for the making of sugar or for other purposes, any wood in found near or on any road in its vicinity, and having in his possession any possession of tree or part of a tree, who, on being thereunto required by any any tree. person having a right of property or the right to cut wood in satisfactory any such forest or part thereof, whether divided or undivided, account of it. or by any one acting on behalf of such person or by any keeper of such wood of such forest or part thereof, refuses to give a satisfactory account of the manner in which he became possessed of any such tree or part of a tree, may be brought, by the party interrogating him, before any justice of the peace; and if such person do not satisfy the justice that he came lawfully by the

to the owner

said tree or part of a tree, he shall, on conviction by such Penalty in justice, forfeit and pay, over and above the value of such tree defauli. or part of a tree so found, any sum not exceeding eight dollars.

Such fine shall form part of the building and jury fund for Application the district in which it is imposed.

of fine.

2. The provisions of articles 5561, 5562 and 5563 of these Application. Revised Statutes shall not apply to complaints, suits and of certain penalties under this article. C. S. L. C., c. 26, s. 41.

§3.-Obstructions upon Lands.

5554. If any description of timber or wood of any kind be carried in any manner whatever upon the beach of any lake or floatable or navigable stream or upon the land adjoining, and remain there until the first day of June, the owner or occupant of such land or beach may then cause such timber to be hauled up and deposited in a place of safety.

articles.

Timber

thrown on lands or

beaches to be hauled up after 1st June..

[ocr errors]

2. Such owner or occupant shall then give public notice, in Subsequent accordance with the provisions of the Municipal Code, that such proceedings timber (describing the same and any marks thereon) has been found upon his land or beach, that it is in such a place and that if the expenses incurred for the publication of the notice and in hauling the timber to such place and the damages, if any, are not paid before such a day and before the sale, such timber will be publicly sold by the road or rural inspector to the highest bidder.

« AnteriorContinuar »