Fence Viewers,

the adjoining Owners or Occupiers; and if any Fence Viewer shall neglect any duty imposed Penalty on on or required of him by this Act, when duly for neglect of notified, he shall forfeit Twenty Shillings for each and every offence to the party aggrieved, to be recovered before any one or more of Her Majesty's Justices of the Peace, on the Oath of one or more credible witness or witnesses.

duty.

Meaning of the words "owner" or "occupier."

X. Wherever in this Act the Owner or Occupier be required to erect or maintain a Divi sion Fence, or his share or proportion thereof, it shall be understood to mean the Occupier, in the first instance; and if no Occupier, then the Owner; and notice requiring the erection or Notice, requir repair of a Fence, in manner as herein before set forth, shall be given to the Occupier, or if no Occupier, then to the Owner, or if more than one Owner or Occupier, then to any one of them, or his or their Agent, respectively.

ing erection of Fence, how given.

Continuance of
Act.

XI. This Act shall continue and be in force for Ten Years from the passing thereof, and from thence to the end of the then next Session of the General Assembly, and no longer.

Persons stealing

CAP. XI.

An ACT to prevent the Stealing of
Dogs.

[April 3, 1852.]

E it enacted, by the Lieutenant Governor,
Council and Assembly, as

BE

follows:

I. Every person who shall steal any Dog from Dogs, &c., how the owner or person entrusted by the owner punished. with such Dog, or who shall sell, buy, receive, harbour, detain or keep any Dog, knowing the

same to have been stolen, shall, on conviction thereof, on the Oath of one or more Witnesses, or by Confession of the Offender, before any two of Her Majesty's Justices of the Peace for the County wherein the offence shall be committed, forfeit and pay for the first offence, any sum not exceeding Five Pounds, nor less than One Penalty in such Pound, as to such Justices shall secm meet, to eascs. gether with the costs and charges of Conviction, to be ascertained by such Justices, according to the Scale prescribed in the Act for the punishment of common assaults; and if such Penalty be not forthwith paid, such Justices shall commit the Offender to the Common Jail of the said County, for any period not exceeding Two Calendar Months, or until the said Penalty and charges are sooner paid; and every person so convicted, who shall be again convicted of a like offence, shall suffer Imprisonment, to be accompanied with Hard Labour, for any period not less than One Month, nor more than Three Months, in the discretion of such Justices.

II. Any one Justice of the Peace for the County wherein the offence shall be charged to have been committed, shall and may, on information to him for that purpose, grant a Warrant to search for any Dog so stolen; and if such Dog or his Skin shall be found, shall restore the same to the Owner, and the person in whose custody such Dog or Skin shall be found (if it appear that he was privy to such Dog having been stolen, or to the Skin being that of a stolen Dog), shall be subject to the Pains and Penalty by this Act imposed, as the same are provided against a first and second offence respectively, according to the number of the offence.

Penalty not

being paid, of fender to be Jail.

committed to

Subsequent of ished.

fence, how pun

Justice of the

Peace to grant search for stolen

Warrant to

Dog.

Person having

such Dog in his knowing the

possession,

same to have been stolen, how

punished.

10 Vic., cap. 9.

15 Vic., cap. 13.

CAP. XII.

An ACT to continue an Act for the Encouragement of Education.

W

[April 3, 1852.]

HEREAS the Act passed in the Tenth Year of the Reign of Her present Majesty Queen Victoria, Chapter Nine, intituled An Act for the encouragement of Education, will, unless further continued, shortly expire, and an Act intituled An Act for the Encouragement of Education, and to raise Funds for that purpose, by imposing an additional Assessment on Land in this Island, and on Real Estate in Charlottetown and Common and Georgetown and Common, has been passed during the present Session of the General Assembly of this Island, which will not go into operation until Her Majesty's pleasure therein be known and notified, and a Proclamation of the Lieutenant Governor of this Island be published in the Royal Gazette Newspaper of this Island, calling the same into operation, as therein more particularly specified: And whereas it is necessary that the first above recited Act should, in the meantime, be continued: Be it therefore enacted, by the Lieu- ́ Continues first tenant Governor, Council and Assembly, That limited period. the said recited Act of the Tenth Victoria,

recited Act for a

Chapter Nine, shall be, and the same is hereby continued for the space of One Year from the passing hereof, unless the said recited Act, so passed during the present Session, shall go into operation, as therein mentioned, before the expiration of the said term of One Year-in which case, and immediately thereafter, the said Act of the Tenth Victoria, Chapter Nine, shall exAct shall expire, and be no longer of any force or effectpire.

On the Act, 15

Vic., cap. 13, coming into op

eration, said

anything herein contained to the contrary not

withstanding.

CAP. XIII.

An ACT for the Encouragement of Education, and to raise Funds for that purpose, by imposing an additional Assessment on Land in this Island, and on Real Estate in Charlottetown and Common, and Georgetown and Common.

W

[April 3, 1852.]

HEREAS the Laws now in force relating to Education, and for the encouragement and support of District and other Schools, will shortly expire, and it is desirable to provide for a system of Free Education throughout this Island:

Lt. Governor, seven persons to constitute a cation.

&c., to appoint

Board of Edu

I. Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, and by the authority of the same, as follows:-That after this Act shall go into operation it shall be lawful for the Lieutenant Governor, by and with the advice and consent of Her Majesty's Executive Council of this Island, to nominate and appoint seven fit and proper persons to be and constitute a Board of Education, three of whom (including the Secretary of the Board) shall be a quorum-which Seven Persons, so to be appointed, shall meet four times in each year, Times of meetthat is to say, on the last Thursday in the ing of Board. Months of January, April, July and October,

Quorum.

and shall give notice of the place and hour of Notice of such every such Quarterly Meeting, by advertizing Meetings, how the same in the Royal Gazette Newspaper of this Island, at least Thirty Days previous to

Board may meet

on such other

days as they

may deem ne. cessary.

point a Secre

tary.

Allowance to

such Meetings; and the said Board may meet on such other and further days as they may deem necessary, from time to time, without such notice being required to be given.

II. That the said Board shall nominate and Board to ap- appoint one of their number as Secretary of the Board; and the said Secretary shall be paid the sum of Thirty Pounds, per annum, in half-yearly such Secretary. payments, for his services, and to provide necessary Stationery, and for other contingent expenses; and each other Member of the Board other Members shall receive Four Pounds yearly for his services, subject to a deduction of Twenty Shillings for every time he shall be absent from the said Board at any of its Quarterly Meetings.

Allowance to

of the Board.

Member there

III. That it shall and may be lawful for the Board, or any Lieutenant Governor, by and with the advice aforesaid, at any time to remove or supersede pended at any any Board of Education appointed as aforesaid,

of, may be removed or sus

time, &c.

Wacancies in Board, how filled up.

or Schoolmaster ·

or any Member thereof, and nominate and appoint a new Board of Education, or new Member thereto, instead of the old Board or Member thereof, so removed or superseded; and when and so often as any vacancy shall occur in such Board, by any death, dismissal, removal or otherwise, it shall and may be lawful for the Administrator of the Government for the time being, by and with the advice and consent of Her Majesty's Executive Council of this Island, to appoint a fit and proper person to fill up such vacancy.

IV. That any person who may be a CandiDistrict Teacher date to become a District Teacher or Schoolto submit to an master in this Island, shall, on one of the Quarterly Meetings of the said Board, or on ficate of quali- any other day which the said Board shall appoint, submit himself to an examination before

Examination,

prior to his obtaining Certi

fication.