II. - TRESPASS ON THE PROPERTY OF OTHERS AND DAMAGE CAUSE!) THERETO

7 34Î). 1. 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 représentative, under penalty of a fine of not less than one nor more than six dollars.

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

3. The proprietor, or his représentative or servant, may arrest without warrant any person in the act of contravening this article, and bring him or cause him to be brought fortwith before a justice of the peace. R. S. Q., 5551 ; 4 Ed. VII, c. 14, s. 4.

7 350. 1. Whosoever, during the day, upon the land or beach belonging to any other person or corporation, leaves any gâte 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 canoë, 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 nor more than six dollars ; and, if such offence be committed during the night, the penalty shall be doubled ; and, in either case, the offender may be also condemned to pay damages.

2. Any person, who has pulled down or removed any part of a fence, or who is found upon any land, beach land, shoal, highway or road having in his possession any part of the materials of any fence, may be arrested without 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.

3. The person so arrested, may, however, arrange with the proprietor or complainant, and may be discharged upon payment of ail costs, damages and penalties theretofore incurred. R. S. Q., 5552.