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grain is often occasioned by Barberry bushes, to the great loss and damage of the inhabitants of 

 this province : — 



"Be it therefore enacted by the Governor, Council, and House of Representatives, that 

 whoever, whether community or private person, hath any Barberry bushes standing or growing in 

 his or their land, within a'ly of the towns in this province, he or they shall cause the same to be 

 extirpated or destroyed, on or before the loth June, a.d. 1760. 



" Be it further enacted, that if there shall be any Barberry bushes standing or growing in 

 any land within this province, after the said loth June, it shall be lawful, by virtue of this Act, for 

 any person whosoever to enter the lands wherein such Barberry bushes are, first giving one month's 

 notice of his intention to do so to the owner or occupant thereof, and to cut them down, or pull 

 them up by the root, and then to present a fair account of his labour and charge therein to the 

 owner or occupant of the said land ; and if such owner or occupant shall neglect or refuse by the 

 space of two months next after the presenting the said account, to make to such person reasonable 

 payment as aforesaid, then the person who cut down or pulled up such bushes may bring the action 

 against such owner or occupant, owners or occupants, before any justice of the prace, if under 

 forty shillings, or otherwise before the inferior court of common pleas in the county where such 

 bushes grew, who upon proof of the cutting down or pulling up of such bushes by the person who 

 brings the action, or such as were employed by him, shall and is hereby respectively empowered 

 to enter up judgment for him to recover double the value of the reasonable expense and labour in 

 such service, and award execution accordingly. 



" Be it further enacted, that if the lands on which such Barberry bushes grew are common 

 and undivided lands, that then an action may be brought as aforesaid, against any one of the 

 proprietors in such manner as the laws of this province provide, in such cases where proprietors 

 may be sued. 



"Be it further enacted, that the surveyors of the highways, whether public or private, be 

 and hereby are empowered and required ex-officio to destroy and extirpate all such Barberry 

 bushes as are or shall he in the highways in their respective wards or districts, and if any such 

 shall remain alter the aforesaid loth June, A D. 1760, that then the town or district in which 

 such bushes are shall pay a fine of is. for every bush standing or growing in such highway, to 

 be recovered by bill plaint, information, or on the presentment of a grand jury, and to be paid 

 one halt' to the informer and the other half to the treasury of the county in which such bushes 

 grew, for the use of the county. 



" Be it enacted, that if any Barberry bush stand or grow in any stone wall or other lence, 

 either pointing on highway, or dividing between one proprietary and another, that an action 

 may be brought as aforesaid against the owner of the said fence or the person occupying the 

 land to which such fence belongs ; and it the fence in which such bushes grew is a divisional 

 fence between the lands of one person or community and another, and such fence hath not been 

 divided, by which means the particular share of each person or community is not known, then 

 an action may be brought as aforesaid against either of the owners or occupants of the said land. 



" Be it further enacted, that where the occupant of any land shall eradicate and destroy 

 any Barberry bush growing thereon, or in any of the fences belonging to the same (which 

 such occupant is hereby authorised to do, and every action to be brought against him for so 

 doing, shall be utterly barred), or shall be obliged, pursuant to this Act, to pay for pulling them 

 up or cutting them down, and then the owner or proorietor of such land shall pay the said 

 occupant the full value of his labour and cost in destroying them himself, or what he is obliged 

 to pay to others as aforesaid ; and if such owner or owners shall refuse so to do, then it shall be 

 lawful for the said occupant or occupants to withhold so much of the rents or income of the said 

 land as shall be sufficient to pay or reimburse his cost and charge arising as aforesaid. 



"This Act to continue in force until loth June, 1764." — Gardener's Chronicle, January 13, 



