House of Assembly (1773-1849) — extracts from selected acts of the Prince Edward Island House of Assembly up to 1873, relating to the forest. [Taken from various sources including: The Acts of the General Assembly of Prince Edward Island. I Vol. 7 I: 7773-7834; [Vol 2]: 7 835-7 842.]. James D. Haszard, King’s Printer, Charlottetown, 1834, 1842.]

The following extracts are taken from acts passed by the House of Assembly of Prince Edward Island up to 7873 that are relevant to the forest. / have included all of those acts that give protection to the forest or that mention particular trees, as well as those that refer to any forest animals. More specifically, I have found four ’Iaws’ (one actually a proclamation, and another a bill) that attempted to regulate the damage caused by forest fires, as well as two others that aimed to provide protection from illegal cutting. Other legislation aimed to set minimum standards for the quality and size of wood exported from the island, and these mention four softwood trees in connection with particular wood products: pine, spruce and hemlock in the form of ’ton timber’ (i. e. timber squared roughly to four sides with the broad axe), and cedar and pine for shingles. The standard phrase for hardwoods in these laws is ’birch and other hardwoods’ which suggests that yellow birch was the most frequently exported hardwood. I stress that the following is not a comprehensive coverage of all of the legislation that set standards for wood products but only that in which particular trees are mentioned. It should also be noted that although I believe l have found all relevant legislation, for some laws Imay not have found the earliest date of enactment, nor, where acts had a time-limit, have I tracked down their re—enactments, nor the dates of the repeal of any of the acts.

REFERENCE: Glen, W. M. (ed.) (1995) Prince Edward Island Forest Legislation 7773—7988. [An assemblage of the legislation relevant to the Island’s forests and forestry (photocopied from the original journals).l P.E.|. Dept. of Agriculture, Fisheries and Forestry, Charlottetown.

1773, 1 7 July — An Act for indemnifying persons who shall burn the small bushes, rotten wind falls, decayed leaves, and all other brush and rubbish upon the Lands and in the woods upon this Island. [13 George III, C. VII]

Whereas there is great reason to believe that the burning of the small bushes, rotten wind falls, decayed leaves, and all other brush and rubbish upon the Lands and in the woods, tends to the more easy clearing and cultivating the same, and to the production of grass and herbage for depasturing cattle, as well as to the destruction of all kinds of Insects some of which are troublesome to the labouring people.

Be it therefore enacted that it shall be lawful for each and every Proprietor, Landholder or Tenant, at any time or times during the months of April, May and June in each year, and at no other time or times during the year, to set fire to and burn [the same] [i.e., as listed in the act’s title] which is lying upon any part or parts of his or their lands. And if it should happen that the fire should extend and spread, so as to catch on fire the woods growing upon any Lands in the neighbourhood of, or adjoining to the same, each and every Proprietor, Landholder or Tenant so setting fire to the same is and are hereby indemnified and saved harmless from any suits, actions, or any prosecutions whatsoever: Provided that this Act shall not be construed to extend to any Proprietor, Landholder or Tenant, or any other person or persons who shall maliciously and purposely set fire to the same [listed as above] with an intention only to burn and destroy the wood growing upon the Lands adjoining to or in the neighbourhood of the same, but such Proprietor, Landholder, Tenant, or other person or persons whatsoever so offending shall stand liable and subject to any

just action or other prosecution that may be brought against him or them. lPARO: CO 228/1, fol. 54]

Control/ed burning al/o wed.

1774 — An ACT for regulating the Measure of BOARDS, and all other Kind of LUMBER; and for appointing Officers to Survey the same. [14 George III, C. III]

And be it further enacted, That all Shingles which may hereafter be exposed to Sale, (being pine Shingles) shall be Eighteen or Fifteen Inches in length and shall be free from Sap, Shakes, and Worm—holes, at least four inches broad upon an Average and well shaved. And all pine Clapboards, hereafter to be exposed to Sale

within this Island, shall be made of sound Timber, clear of Sap, Shakes, and Worm— holes .

Pine shingles and clapboard.

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