CHAPTER 12. An Act to amend Chapter 1, Acts of 1903-4, entitled, An 1900, entitled "Of the Protec- Fires." (Passed the 7th day of April, A. D., 1905.) SECTION. Section 2 amended. Section 13 repealed and substituted. 4. Section 12, chapter 91, R. 8., amended. 6. Section 7, chapter 91, R. 8., amended. 3. Section 17 amended. Be it enacted by the Governor, Council, and Assembly, as follows: 1. Section 2 of Chapter 1 of the Acts of 1903-4, is amended by striking out the word "fifteen" in line four, and substituting therefor the word "ten." 2. Section 13 of said Chapter 1 of the Acts of 1903–4, is repealed and the following substituted: 13. (1) The chief ranger appointed for any municipality shall, in addition to his other duties, on or before the first day of April in each year, assess upon the owners or occupants of timber lands or uncultivated lands, of five hundred acres, or more, an assessment equivalent to one quarter of one cent per acre upon each acre of land so owned or occupied. (2) Such chief ranger shall, after making an assessment upon any person, firm or corporation so holding timber lands or uncultivated lands, serve a notice of such assessment upon the owner or his agent, or the occupant, if such owner cannot be found within the municipality; and such notice may be served by mailing the same, postage prepaid, addressed to such person, firm or corporation at his or its last known place of residence or business, but no such assessment shall be rendered invalid by failure to serve such notice. (3) If no objection, in writing, to such assessment is made to the chief ranger within fifteen days of the service of such notice of assessment, such assessment shall be final. (4) If the person, firm or corporation so assessed shall file an objection to such assessment within fifteen days after service of notice of such assessment, the sheriff of the county in which is included the municipality over which the said chief ranger has jurisdiction, shall, upon application of the chief ranger, as soon as may be, appoint a day, of which the chief ranger shall give the party objecting ten days' notice, and upon proof that such notice has been given the sheriff shall proceed to hear the parties and determine whether such assessment is rightly made, and shall give his decision in writing, stating either that no such assessment shall be made upon the party complaining, or stating the amount assessable under the provisions of the law against such parties so complaining. (5) After the sheriff has disposed of all cases of objections, the chief ranger shall make up a roll of all persons, firms or corporations liable to assessment and file a copy of the same in the office of the municipal clerk, and the amounts so assessed shall be due and payable to such ranger as soon as such assessment roll has been made up, and the chief ranger shall collect the same. (6) In case any of the persons neglect or refuse to pay the amount so assessed within three months of formal demand of the amount so assessed against him or them, the chief ranger shall have the like powers and may pursue the like remedies as collectors of municipal rates under the provisions of Chapter 73, Revised Statutes, 1900, “The Assessment Act." (7) All sums so collected by the chief ranger shall be paid by him, as soon as the same are collected to the municipal treasurer for the municipality in which he exercises the functions of chief ranger. Such chief ranger shall be entitled to deduct five per cent. of the amount collected as remuneration for collecting the same. (8) The sums so paid by the chief ranger to the municipal treasurer shall be appropriated by the municipal council for the payment of the special expenses of the chief ranger, and persons employed by him in the protection of forests and the suppression of fires. 3. Section 17 of said Chapter one of the Acts of 1903-4, Section 17 is amended by adding thereto the following: Every person who neglects or refuses to comply with the provisions of this section shall be liable to a penalty of not amended. Section 12, chapter 91, less than twenty nor more than one hundred dollars for each offence. 4. Section 12 of Chapter 91, Revised Statutes, 1900, 'Of R.S., amended, the protection of Woods against Fire," is repealed and the following enacted in lieu thereof : 12 (1) Any penalty provided for by this chapter may be recovered either under the provisions of "The Summary Convictions Act," or in the County Court for any county as an ordinary debt in the name of any person who sues therefor. (2) It shall not be necessary in any case to bring proceedings or suit for the recovery of any such penalty in the county in which such offence was committed, nor shall it be necessary to allege the offence to have been committed within any particular county, or on any particular day; but the time of committing the offence shall be sufficiently alleged if it is stated to have been committed within one year before the filing of the information or complaint, or the date of the issuing of the writ in the County Court. (3) When an action to recover any such penalty is brought in the County Court the costs and fees shall be those prescribed in cases of debt in the County Court. (4) Any penalty under the provisions of this chapter, when recovered, shall be paid one-half to the complainant, informant or prosecutor, and the other half to the treasurer of the municipal district in which the offence was committed, to be applied in the protection of forests and the suppression of fires in such district under the provisions of this chapter. (5) Any judgment recovered in the County Court for any penalty may be enforced in the same manner as a judgment for an ordinary debt in such Court, and may be registered so as to bind the lands of the defendant. (6) Notwithstanding anything in this chapter contained, in every case in which imprisonment is adjudged for any violation of this chapter, the person liable thereto may be imprisoned in the common jail in and for the county, district, municipality, city, incorporated town or place in which the conviction is made or in which the defendant resides, and the warrant therefor may be addressed to any of the constables for any such county, district, municipality, city, incorporated town or place in which the conviction is made or the defendant resides, and shall be executed by any one of such constables. 5. The following sections are added to said Chapter 91, Husband or viz.: 19. Every person charged with any contravention of this chapter, and the wife or husband, as the case may be, of such person, shall be a competent witness, whether the person so charged is charged solely or jointly with any other persons. Provided, however, that no husband shall be compellable to disclose any communication made to him by his wife during their marriage, and no wife shall be compellable to disclose any communication made to her by her husband during their marriage. 20. No witness to any proceeding under this chapter shall be excused from answering any questions upon the ground that the answer to such question may tend to criminate him or expose him to any penalty under this chapter or otherwise, or may tend to establish his liability to a civil proceeding at the instance of the Crown or of any person; provided, however, that if with respect to any question the witness objects to answer upon the ground that his answer may tend to criminate him or expose him to any penalty under this chapter or otherwise, or may tend to establish his liability to a civil proceeding at the instance of the Crown or of any person, and if but for this section the witness would heretofore have been excused from answering such question then, although the witness shall be compelled to answer yet the answer so given shall not be used or receivable in evidence against him in any trial or any proceedings against him thereafter taking place, other than a prosecution for perjury in giving such evidence. 21. In every case in which no penalty is provided for any offence against this chapter, the penalty shall not be less than five nor more than twenty dollars. witness. Section 7, 6. Section 7 of said Chapter 91 is amended by striking chapter 41, out all the words after "netting" in the seventh line thereof, R. §., amended and substituting the following words therefor, "the size of the wire used in making the netting to be not less than number 13 Birmingham wire gauge or three thirty-second parts of an inch in diameter and the netting shall consist of not less than nine meshes to the square inch. The smoke stacks used shall be constructed of the newest and most improved pattern, the standard to be that of the Intercolonial Railway. CHAPTER 13. An Act to amend Chapter 2, Acts of 1903-4, amending Section 63 amended. Section 59 amend.d. Section 70 amended. Section 71 amended. Section 72 amended. Section 93 repealed. Section 95 amended. 2. Section 69 amended. 3. Section 70 amended. Be it enacted by the Governor, Council, and Assembly; as follows: 1. Section 68 of Chapter 2 of the Acts of 1903-4, is amended by substituting the word "three" for the word "two," in the third line thereof. 2. Section 63 of said chapter is amended by substituting the word "three" for the word "two," in the third line thereof. 3. Section 70 of said chapter is amended by substituting the word "three" for the word "two," in the third line thereof. 4. Section 71 of said chapter is amended by substituting the word "three for the word "two," in the second line thereof. 5. Section 72 of said chapter is amended by substituting the word "three" for the word "two," in the second line thereof. 6. Section 93 of said chapter is hereby repealed. 7. Section 95 of said chapter is amended by striking out the words "the commissioner or inspector, or deputy inspector," and substituting the words "any member of the board of examiners appointed under the provisions of this chapter," and by adding the following words at the end of said section: "Any member of the board granting any such special permit shall forthwith report thereon as directed by the commissioner." |