9. If any Fireward neglect to render such account, the County Council may order him to be brought before it by warrant, and may commit him to gaol until he render such account to the County Council or to the County Treasurer. 10. In addition to the special powers herein contained, the Firewards may make regulations for their own government, and the regulation and government of the firemen, and fire and other protection companies, and generally for the management of the fire department, and the prevention and extinguishing of fires, and impose penalties for any breach thereof not exceeding eight dollars in any one case; a copy of such regulations, as often as made, shall be filed in the Office of the County Secretary.

11. Three or more firewards present at any fire shall have full power whenever a fire is raging in their district, and they shall deem it necessary, to pull down or otherwise destroy any houses or buildings for the purpose of staying the progress of such fire, to order and direct all or any such buildings as may by such Firewards be deemed necessary for the purpose aforesaid, to be pulled down or otherwise destroyed, and no action shall be maintained against such Firewards, or any person or persons acting in their aid or under their direction for the purpose aforesaid, for any damage or loss resulting therefrom.

12. The County Council upon due proof of the loss sustained, may assess upon the district in which the buildings so pulled down or destroyed for the purpose aforesaid were situate, the reasonable value thereof, to be paid by way of compensation to the person or persons whose buildings were so pulled down or destroyed; such amount to be assessed, levied and collected in like manner as prescribed in Section seven of this Chapter.

13. It shall be the duty of any Justice of the Peace in and for the several Counties in this Province, when any fire shall occur whereby any house or building, structure or property, in any such County, shall be wholly or in part consumed upon application to him made for that purpose, to institute an inquiry into the cause or origin of such fire; and for that purpose the said Justice is hereby authorized and required to summon and bring before him all persons whom he may deem capable of giving information or evidence touching or E. WE

concerning such fires, and to examine such persons under oath, which oath the said Justice is authorized to administer; and the said Justice shall reduce the examination to writing, and file the same in the Office of the County Secretary for the County where the investigation may be held.

14. Such Justice shall inquire into the cause or origin of the fire, and whether the same was kindled by design, or was the result of accident or of negligence.

15. If any person summoned to appear before the said Justice by virtue of this Chapter, and having fees agreeably to Chapter of Fees tendered to him, shall neglect or refuse to appear at the time and place specified in the summons, or ifany person appearing in obedience to any such summons, shall refuse to be examined or to answer any lawful questions that may be put to him in the course of his examination, it shall be lawful for such Justice to enforce the attendance of such person, or to compel such person to answer as the case may require, by the same means as are used by Justices of the Peace for such purposes in matters relating to Summary Convictions before Justices of the Peace.

16. Any person who shall kindle a fire in any woods or open place, and leave the same burning without being properly secured, whereby damage may be caused to the property of any other person, shall forfeit a sum not exceeding eighty dollars, and be liable to an action for the damages sustained in addition thereto.

17. This Chapter shall also apply to Cities and IncorporatedTowns, unless inconsistent with the laws relating to any such City or Town, or any bye laws lawfully made or to be made; provided that in any such City or Town the powers hereby conferred upon the County Council shall be exercised by the City or Town Council.

1. Any person requiring a sluice way to drive lumber over any dam erected or to be erected across a stream or river, shall call upon the Surveyor of Dams for the Parish where situate, who shall examine the same and report in writing to the County Council his opinion as to the necessity therfor.

2. If the Surveyor recommend the making a sluiceway, and the County Council approve of the recommendation, a notice in writing shall be forth with served upon the owner or occupier of the dam, requiring the sluice way to be made within such time as the Council may determine.

3. If such owner or occupier do not comply with such notice he shall be liable to a penalty of not exceeding eighty dollars, and the Justices by whom the penalty shall be imposed shall, upon request of the complainant, issue their warrant (A) to the Surveyor of Dams, directing him to make such sluiceway, or to remove the dam, as the said Justices may deem expedient, upon receiving from the complainant a reasonable sum for the costs and expenses of making such sluice way, or removing such dam, as the case may be, to be estimated by the said Justices and specified in the warrant, including therein a reasonable allowance to the Surveyor for his time and trouble.

4. The said Surveyor upon receiving such warrant, and being paid the sum of money specified therein, shall exccute the same according to its tenor and effect.

5. The complainant may recover from the owner or occupier of such dam, the moneys so paid by him to the said Surveyor, in an action of debt in any Court of competent jurisdiction.

6. The party applying to the Surveyor of Dams under the first Section of this Chapter, shall pay him his necessary expenses and a reasonable allowance for his time.

7 Nothing herein contained shall affect any law in force concerning any river, nor regulations made under any such law.

(A) Warrant.

To the Surveyor of Dams for the Parish of

You are hereby commanded if [the complainant] shall pay to you the sum of for the costs and expenses, forthwith to make or cause to be made a sluiceway suitable for

driving lumber over the dam, (or 1emove the dam, as the case may be,) owned, (or occupied, as the case may be), by

erected across the [name of stream] at [specify the locality as near as possible], in the Parish of

of

Given under our hands and Seals, this
A. D. 18

in the County

day of

A. B., J. P.
C. D., J. P.

CHAPTER 109.

Section.

TIMBER DRIVERS.

Section.

1 Timber Drivers to have a lien for 2 Authority of Timber Driver. labor.

1. The Timber Drivers when called upon by any person interested, shall proceed to the river and take charge of the timber drive, determine the number of hands, rigging, and implements required for the work, and apportion the number of men and materials to be furnished by each owner thereof. If any party shall not within two days after notice in writing from the Driver furnish such men and materials, they shall be provided by the Driver, who shall hold the drive and have a lien thereon for all expenses, together with his own fees; and if the same be not paid within sixty days after arriving at the rafting ground or market, he may sell the said drive, or any part thereof, for the payment of the expenses and fees, first giving the owner notice, if in the Province, and advertising the same for thirty days in three or more public places of the Parish where the property may be.

2. Any Timber Driver is empowered and authorized to exercise the duties of his office, in taking charge of any timber drive or drives, from the time any such Timber Driver shall so first take charge until he shall bring the said drive to market, to the boom limits, or to the rafting ground, or shall be otherwise legally relieved from the charge of such timber drive; notwithstanding that during such timber drive, the said Timber Driver shall have occasion to exercise the duties and powers of his office out of and beyond the Parish or County for and in which he is appointed.

Section.

CHAPTER 110.

FENCES, TRESPASSES, AND POUNDS.

Section.

1 What shall be deemed a lawful 19 In disputed cases either party fence.

2 Line fences, how kept up. Dis- 20 putes as to fences, how settled.

3 Duty of fence viewer.

4 & 5 Party refusing to comply with decision of Fence viewer, fence may be put up at the expense of such party.

6 Fee to Fence viewer.

7 Fence viewers neglect of duty;
penalty.

8 When owner of land shall not be
compelled to keep up fence.
9 Power of County Council to erect
Pound Districts.

21

22

23

may demand a Jury.

Forms, proceedings,&c.applicable
to cases of replevin hereunder.
In trial of replevin, when judg
ment may be given for defendant
When judgment shall be given to
plaintiff; proviso.
Proceedings in replevin, against
whom taken.

24 In proceedings against Pound
keeper, when judgment shall be
given for him.

25

26

In replevin, plaintiff to give bond. When plaintiff fails to prosecute with effect,bond may be assigned to defendant to recover his costs. When bond may be sued before Justice.

Right of review granted. 29 What Fees allowed.

30 When cattle impounded may be

sold.

31 Charges and expenses of sale, how paid; overplus (if any) to whom paid.

32

County Council may make regulations.

twenty dollars, Justice may try 33 Term Cattle" defined.

case.

18 When owner may replevy cattle

impounded.

Schedule.

1. All sufficient fences four feet six inches high shall be lawful fences, whether line fences or otherwise, and no fences shall be of a less height.

2. All line fences dividing improved or enclosed lands, shall be sufficiently erected and kept up at the joint and equal expense of the occupiers; any dispute arising between the occupiers of such lands, as to the erection and repair of any such fences, shall be settled by the nearest Fence viewer on application made to him.

3. The Fence viewer shall on such application give notice. to the parties to attend; he shall then view the place where the proposed erection or repair is to be made, and shall determine the portion thereof each party shall erect or repair.

4. If either party after six days notice of such determination shall neglect to comply therewith, the Fence viewer may cause the same to be done, allowing for the labour