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HOOVER, Esq., REEVE. WHITBY : PRINTED BY CHAS. 8AENEY, GAZETTE BLOCK, DUNDAS STEKKT, WHiTBY. 1888. mm REVISED BY-LAWS 1 OF THE CORPORATION OF THE TOWNSHIP OF PICKERING. BY-LAW No. 494. By-law respecting Pounds and duties of Poundkeepers, and other purposes. PuBsed May 7tb, 1883. The Council of the Corporation of the Township of Pickering enacts : 1st. Thnt erery Poundkeeper appointed in the Township of Picker- ing shall, within twenty days after his appointment, make and sub- scribe the declaration of ofi&ce according to law. '2nd. That the Corporation of the Township of Pickermg shall pro- vide sufficient yards and enclosure for the safe keep of such animals as may be the duty of the Poundkeeper to impound. 8rd That if not previously replevied each Poundkeeper sht.ll im- pound every Hoise, Bull, Ox, Cow, Sheep, Goat, Pig or otlier cattle, Geene or other poultry, distrained for unlawfully runnmg at large, or for trespassing and doing damage, deUvered to him for thai purpose by any resident person within his division who has deatrained the «!ime, and shall daily furnish such animals while so impounded with good and sufficient food, water and shelter during the whole tune that such animal cootinues so impounded or confined. 4th. That if within twelve hours from the time of impoundmg any animal as aforesaid the owner or some person on his behalf does not rpcluim the same by paying the Poundkeeper'e lawful fees and charg- es, also of the Fence- Viewers, if any, and the expenses of the animal's feed, and the amount of damage such animal shall have been charged with committing, the Poundkeeper shall immediately, if known to him, notify the owner of the impounding of such animal, and if the owner be not known to him he shall, within forty-eight horns after- wards, cause at least thioe notices, in the form of Schedule A. to this By- law, to bo posted in three public places in the Municipality, and it the animal or animals be in the opinion of two ratepayers on the call of the poundkeeper, under the value of ten dollars, and are not claim- ed and redeemed by the owner, or some person for him, within eight d vs after posting notices as foresaid, the Poundkeeper shall proceed aud sell the Kuimal by nublio auction to the highefit bidder, and apply the proceeds of 8Uch Bute a8 hereiuiifter directed, but if the naimal or animiile be of the value often dollars or more, the Pouudkeeper in ad- dition to posting notices ns aforeiaid, f>hall oaase a notiou in the form of Schedule J3. to be inserted onoe a week for three snccossive w eoks in the newspaper published nearest to his place, aud if the animals are not redeemed withiu thirty days after the date of the publicaliou of such notice, he shall then sell by auction as aforesaid. Provided always that any poultry or fowls may be sold after four dviys from im pouudiog the same, aud one notice in the form of Schedule A, posted at the Foundkeeper'fl residence shall be suHicient for such sale. 5th. That any person delixeriug any animal to be Impounded, aud intending to claim damages, shitU at the time of such delivery notify the Poundkeeper of such claim, and shall withiu tv/enty-four hours furnish the Poundkeeper with written duplicate statements, sigued by the claimant, showing the amount aud particulars of damage claimed, and shall also at the same time, it re<iuired by the Poundkeeper, give his written oL ligation under seal, with surety if required, in form of Schedule C, and the Poundkeeper shall in no case release any animal when damages are claimed until twenty-four hours after the impouud- mg thereof. Gth. That if the owner of any animal within forty-eight hours after the delivery of such statements as herein before provided disputes the amount of damages so claimed, the amount shall be decided by the majority of three Fence Viewers of the Municipality, in the form of Schedule D., one to be named by the owner of the animal, one by the person destrainiug or claiming damages, and the third by the Pound- keeper. Such Fence Viewers, or any two of them, shall within twen- ty-fom' hours notice of their appointment, view the fence aud the ground, and determine- whether or not the fence was a lawful one ac- cording to the Statutes or By-law, and if a lawful fence shall appraise the damages committed, and within twentj'-four hours after the view shall deliver to the Poundkeeper a written statement in form of Sched- ule E. hereof, signed by at let, two of them, of their appraise^uent, and of their lawful fees and charges, and if the said Fence Viewers shall decide that the fence was not a lawful one, they shall certify in writing, with a statement of their lawful fees, to the Poundkeeper as above mentioned, who shall upon payment of all lawful fees and charges, deliver such animal to the owner if claimed before the sale thereof, but if not claimed, or if such faes and charges are not paid, the Pouudkeeper, after due notice shall sell the animal in the uianner above uiwntioncd at the time and pliice appointed in the notice ; aud in default each Fence Viewer shall incur a penalty of Two Dollars, to be recovered according to law. 7th. That when the amount of damages av/ard^^d by the Fence Viewers does not exceed the sum that may have been tendered by the owner of the animals, all costs and expenses incurred subsequent to such tender sh dl be paid by the party destrainiug the animal. 8th. That when any animal or animals are found straying withiu the premises of any person resident in the Township, and doing no damage, and the owner thereof unknown to the person, he or she may '^ ^ destrain the animal, but sball within forty-eight hours after ao doiug deUver to the Clerk of the MunicipuUiy a written notice coutainiug ivk near as may bo a particumr descriptiou of suoh anhunl, its ago, color, natural and artificial in' rks, and as near as m:iy be the ewtimated value thereof. After givmg such notice, the person destraiuing shall detain the animal, and provide the same with good and sutficieut food, water and shelter. 9th. That when any Poundkeeper shall receive notice oi any ani- mal being destrained as raeutioued in the next procediu« Section, he shall proceed to give notice and sell in the same manner as if the animal had been impounded. , • • 10th. That every person destraining any animal, and giving notice thereof to the Poundkeeper as aforesaid, shall be entiled to receive from the owner or the Poundkeeper, the same sum for food and water as allowed to Poundkeepers, and retain the animal until the amount shall have been paid or tendered to him. 11th. Tlmt the owner of any animal impounded, shall at any time before the sale thereof be entitled to receive his animal by pivymeut to * ' or of ;ill lawful fees and charges for damages awarded iccount of such animal. owner of any animal running at large in the Town- ' shall be liable for damages committed by such ihe fence enclosing the premises Le not of lawful onstruction. ium. xu <vful fence shall not be less than lour and one-half feet in heighth, and no splice between the rails within two feet of the ground, to the bottom rail shall be more than six inches wide, and all other spaces not more than one foot wide. 14th. That the fees and charges to be demanded and received under the i),uthority of this By-law sh -U be as follows, and no more, that is to say : ANIMALS. FOR IMPOUNDlNft. Horse or Colt each 40 cents Neat cattle, over 2 yrs old each 30 the J at tl . 1^ ship anim height, 13th. '1 Neat cattle, 2 y'rs & under each 25 Hogs, over 40 lbs. weight, each 20 Pigs, 40 lbs. and under.... each 10 Sheep each 10 Poultry or fowls each 6 Posting notices Schedule A, Sending notices Schedule B, FOOD vfe WATKR PER DAT. e ich 40 cents, each 30 " each 20 •' each iO •' each 5 " each G " each 5 " 25 " 26 " Sending notices to Fence-Viewers, Schedule D, 1.00 Actual disbursements for postage and advertising in newspapers. Ponndkeepers shall also be entitled to take and receive as commission for selling 2^ per cent on the proceeds of sale, and for drawing surety bonds, 20 cents ; to collect and pay to persons destraining and delivei-- ing to Poundkeeper each horse or colt, 40 cents ; neat cattle, each 30 cents ; hogs, 20 cents ; sheep, 10 cents ; poultry or fowls, 5 cents ; tor delivering notices of distress of strays, 35 cents ; to Fence \ lewej'S if ^ each day attending to examine premises, $2 each, making and deliver- ing award, 50 cents. () intli. I hit all monies rodlisod from the salo of rmy iiuimal nmlor tho uuthonty ot thi8 Ijy-luw, that may remain ftfter doduotiuK the ))ouulty iiiul tlamaps (if any), fees ami charges, shall aimly tho proiliico iu disclmiKe ot t h.- vuluo of the «oo.l uourishmeut, loss of time, trouble md uttoudauco supplied i.fi uforeHHid, and of the expenses of drivmtf or oouvoymf,', and impounding' or couliuiuf? tho animal, and ot i lie Hale imd atteudm-,' the same, or inciMeutal thereto, and of the damage when U.gally .•laimable, not .exceeding «20, to be ascertained as atcreriaid, and shall return the surph-s (if ,iny^ to the original owner, or if not claimed by hun within three mont-fl after sale, the 1 -nalkeeper shall pay Huch surplus to the Treasure. . and form nart or ihe general funds. * 10th. That it shall not be lawful for any animal, fow'.s or poultrv. to run at large m the Towneuip of Pickering, . ^'^^^■' ??'Vn'^"'^ *^".'"'« ''"''««' """' ram, or boar, found running at large in the Township of Pickering, shall subject the owner thereof at the option of tho person prosecuting, to the penalty as follows, namely : For entire horse, |8 ; bull, U ; ram or boar, «2 ; such penalty may be sued tor and ccllocted by complainant before nuy Justice of the Peace toj the County, or the ,mimai may be impounded, nud the Poundkeener 18 hereby authorized to take and receive the said penalty in addition to lis ivgu./a- fees, The said penalty to bo one moiety to the Pound- keeper or person prosecuting, and the other moiety to the Townshin Ireasurcr, and fo)-m part of tho general funds. l«th. That all penalties fo/ the neglect of dutirs by Fence-Viewers under this Jiy-law, mav be recovered for the use of the Township by summary proc^'tdmgs before a Justice of the Peace, upon the com- plaint ot the party aggrieved, the Pouudkeeper or the Townshin Treasurer. '^ 19th. That in case any Pouudkeeper, or person who impounds or contmes^ or cuuscs to be impounded or confined, any animal m afore- said, regses or neglects to find, provide or supply the Pnimal with good sultioient food and water and shelter us aforesr.id, he shall for every day during which he so refuses or neglects, forfeit a sum of not I'jss tiian One Dollnr, nor more than Four Dollars. 20th, That every fine and penalty imposed by this By-law may be recovered and enforced with costs by a summary procsedings before any.] jticeofthel-eace for the County, and in" default of payment, the ohender may be committed to the Cemmon Jail of tlie County there to l)e imprisoned for any time in the descretion of th(, convicting ' and committmg Justice, not exceeding fourteen days, unless the fine and penalty and costs, including the costs of commital bo sooner paid and upon the hearing ,ird trial of any complaint, any person, including the prosecutor, shall be a competent witness, notwithstanding such witness may be entitled to any pait of tlie penalty upon the convi'-tiou ot the offender. 21st. That eyei^y penalty recovered under this By-law shall be paid o , 1 'Z^'^^^'P Treasurrr, and form part of the general funds. ^ 22nd. Th:,t the Soliedules marked A. B. C. D. k E., annexed to this By law shall form part thereof, and that the forms of the Schedules, or forms to the like efifect.shall be sufiicfont for the purpose of Ihis Bv-law 2?hfl That I?y-lawR Noh. 'M'.\ and Hi4, and all otlusr Hy-lawB, oi- partB of iVv^iHH of tins Corponitiou uliicli aio couliprv to. or iucoi Ristent with the pvovisionfl of tliis liy-liiw, shall be uud tiie Huine are hereby repealed. HECTOR REATCN, Clerk. R. HOOVER, Reeve. Schedules referred to .; ^ne *oregoing By-luw : SCHEDULE A. NOTICE OF IMPOUNDING. NOTICE ia hereby givi;ii that on the day of ln^.- past, at the rcquost of A. B., of this Towrship. I have impounded certain animals, to wit : (description of animals), and (if damages are claimed) the said A. B. claims the &um of dollars for damages done on his premises by trespass of said animals. If, therefore, thci Haid animals are not redeemed or replevied, I will sell tlu^ same by public auction to the highest bidder, at at the hour of o'clock, in the (fore or after) noon, on the day of IS Given under my hand at Pickering, this day of 18 C. D., Pouudkeeper. SCHEDULE B. NOTICL The fclloviug animals, viz : (description) are impounded ^or dis- trciiued,) at lot No. in the coneession of the Township of Pickering, and will there be faol.l by public auction on the day of 18 at the hour of o'clock (a.m. or p.m.,) if of not sooner claimed. Dated at Pickering, this day of •m. or p.m.,) 18 Poundkeeper. 8 SCHEDULE C. KORM OF SURETY OBLIGATION. I (or we) do hereby biud myself (or ourselves) iu the sum of (double value of animals) dollars, to pay to the owner of the animals impound- ed at my (or at request of A. B.) request this day, all the costs and damages the said owner may suffer by reason of such impounding, if it be decided by law that such impounding was unlawful. Signed and sealed this day of 18 In the presence of A. B. (/.. !«?.) C. D. (L. S.) SCHEDULE D. NOTICE TO FENCE VIEWERS. To A B, C D, and E F, fence viewers of the Township of Pickering Pursuant to by-law of this Township, I do hereby give you notice and require you and every one of you to attend on the premises of G H, situate on lot in the concession of this Township, on the day of instant, at o'clock in the tore (or after) noon, then and there to appraise the diimages done on said premises, by reason of the trespass of certain animals belonging to J K, (or Bome person unknown,) and determine whether or not the fence encloeing the premises was lawful at the time of trespass. Given under my hand at Pickering, this day of 18 L. M. Poundkeeper. li e i < 8 I t £ SCHEDULE E. FORM OF AWARD. Township of Pickering) WE, A B, C D, and E F, fence viewers of TO WIT : I the Township of Pickering, having ex- ammed the premises and fence enclosing the same of G H, on Lot J J j**^ *^® concession of this Township, we do hereby award and determine that the fence was (or was not) a lawful fence. and adjudge the damages (if any) to be dollars. WitnesK our hands at Pickering, this dnv of 18 a:b.,) C.D.,f Fence Viewers. E. F.J 9 uble und- and ig. if mg. and H, the "ter) Bes, (or uoe of BX- by ce, I'S. BYLAW No. 495. Passed May 7th, 1883. A By-law to provide for regulating and licensing exhibitions of Wax Work, Menageries, Circus-riding, and other such like shows usually exhibited by showmen, and requiring the pay- ment of license fees for authorizing the same. The Council of the Corporation cf Pickering enacts '- , Ist. That from and after the passing of this By- law it shall not be lawful for any person to exhibit within the Township of Pickering any exhibition of wax- work, menageries, and other such like shows usual- ly exhibited by showmen without nrst having obtained a license tor so doing, as hereinafter mentioned. .j , u * 2nd. That the sum to be paid for a license as aforesaid shah not be more than Twenty Dollars for each day exhibiting, and no licer^ae shall be for less than one day. - li r. *• ^ 3rd. That the Clerk, Reeve, and each Councillor of the Corpo.ation shall have power and autherity to issue any Ucense as aforesaid upon the payment by the party or parties requiring such license, of the said sum, within the limits aforesaid, as the person issuing such license shall demand ; said sum to be paid over to the Treasurer ot this Cor^ poration within ten days. And a neglect or refusal to exhibit such license upon demand of any ratepayer of the Township shall subject the person so neglecting or refusing, to the same penalty as it said license had not been issued. i • ^i r i 4th. That all licenses granted unuer this By-law may be m the loi- lowingform, ., . .^i e Township OF Pickering) In consideration ot the sum 01 TO WIT : [Dollars, to me in hand, paid by A. B., this license is granted to the said A. B. to exhibit his show (specifying the particular kmd of show) in the Township of Piokermg, on the day Given under my hand, this day of lo > C. D., (Clerk, Reeve or Councillor, aa the case may be.) 5th. That this Bv-law shall not extend to, or effect Exhibitions, or ShbwB of any Agricultural or Horticultural Society, or any lecture ot a Religious or Scientific character. ^ 6th. That any person or persons contravening, violating, or at- tempting to evade this By law shall be liable to prosecution and con- viction before any one or more Justices of the Peace for tiie County, and shall upon conviction forfeit and pay a penalty of not less than Two Dollars, or more than Fifty Dollars, as may be determined by the convicting Justice, together with costs. Such penalties and costs may be levied and collected by distress and sale of the goods and chatties of the offender, or the goods and chatties of the exhibition by which the offense was committed, whether such goods or chatties be- long to the offender or not, and in case sufficient distress cannot be found the offender m.iy be committed to the Common Jail ot the County for any term not exceeding one month. 10 7th. That every pecuniary penalty recovered under this By-law shall be paid and distributed in the following manner : one moiety to the rowuship Treasurer, and the other moiety, with full costs, to the person who informed and prosecuted for the same, or the whole pen- alty to the Treasurer, as the convicting Justice may order. 8th That By law No. 181 of this Corporation be and is hereby re- pealed, provided that the repealing of the same shall not revive any By. law that was repealed by the enacting of the same. HECTOR BEATON, p. k. HOOVER, CJlerk. Reeve. BY-LAW No. 497. Passed May 7th, 1883. A By-Law to restrain and regulate the running at larse of Dogs, and to impose a tax on the owners, possessors orhar- bourers of Dogs and for killing dogs running at large con- trary to this By-Law. 6 s Tlie Council of the Corporation of the Township of Pickering enacts : 1st. That every owner, possessor, or harbourer of a dog withm the Township of Pickering, shall be liable to pay the sum of oTe Dol ar yearly tor each dog owned, possessed or harboured ; ar 1 tor eTch bitch owned, possessed or harboured within the Municipality the owner pearly.'" '" "^"''"'" '''^" ^' ^'^"^^^ '' P'^^ *»'^ ''^' oI^loZZl 2nd. That it shall be the duty of the Assessor to enter upon the Assessment Roll (m columns to be kept for that purpose), oppos te Uieu' respective names, the number ofdogsorbitches^w^ned posTssed or harboured by every person assessed within the Township.^ dxd. It shall be the duty of the Township Collector to collect fi-om every person entered upon the Assessment Roll as tho ownar posses sor or harbourer of a dog or dogs, bitch or bitches, Z^n^nTonl Dollar for each dog, and Two Dollars for each bitch; and he 8^1 Tr^^sT^rS '' ''""' ''° ^■''' '^""""^^ "^^ same^s any oter fbf*,l';.^*-'^'""u°' ^^ ^'''^^^ ^?'' ''"-y ^°« ^"* bit«^> to run at large fx-om «h?n^Tp-'J ''•^''' °^;°''^ °^" i^^rbouted at any time, within the Tow^ ship of Pickering, unless accompanied by his owner or one of his family, or some responsible person, and a distance of more than forty lods from such person or premises shall be deemed running a large t! 8 I t B c e r t c ./ 11 7-law ety to ;o the I pen- )y re- 3 any ve. 5th. Any dog or bitch known to be r ibid shall be immediately des- troyed. . . „ , 6th. If anv dog or bitch running at large contrary to this by-law shall attack any person f-avelling on any street, highway or public piaco in the Township, or do any damage whatsoever, it shall be deemed an infraction of this By-law. 7;h. For every infraction of tuis By-law, the effender, upon convic- tion before one or more Justice or Justices of the Peace for the County, shall be liable in the descretion of the said Justice or Justi'^es to a penalty not exceeding Twenty Dollars for each offence, exclusive of costs, to be levied by distres and sale of the goods and chatties of the effender, and in default of such distress, such offender may be com- mitted to the Common Jail at Whitby, for any term not exceeding twenty-one days, or the said offender shall deliver over the said dog or bitch to such Constable of the said County to be destroyed as the said Justice or Justices shall order. 8th. That By-law No. 166, rnd all other By laws or parts of By-laws, inconsistent with this By-law, are hereby repealed. HECTOR BEATON, * P. E. HOOVER, Clerk, Reeve. )3. e of har- CQH • .1 eta : I the Alar )itch ner, liars the )8ite 38ed rom ses> One hall her com wn- his >rty ). BY-LAW No. 498. Passed May 7th. 1883. By-law to regulate the performance of Statute Labor, and de- fine the duties of Overseers, The Council of the Corporation of the Township of Pickering enacts: 1st. That it shall be the duty of Overseers of Highways to make and subscribe the declaration of office within twenty days after a^ pointment. They shall with the money or Statute labor under their control, keep .in repair the roads and bridges in the division for which they have been appointed, and shall protect all side and crossing walks in. their divisions from any injury or obstructions. They shall procure from the Township Clerk the road list relating to their di- vision, and within not less than three, nor more than six days pre- vious to the commencement of work notify every person whose name appears on said list and every other male resident of the division, who in over twenty-one, and not over sixty years of age posonally and verbally, or in writing, to be left at the usual place of abode of the person notified, stating the time and place, when and where, he re- quires him to work, and the team or implement, if any. required to work with. 12 2nd. That any person liable to perfoiiu statute labor as aforesaitl, may at any time before the time appointed by the Oversepr for the commencement of the work, commute for the whole or any portion of such statute labor, by paying to the Overseer the sum of seventy-five cents for each day, provided he acquaint the Overp'?er cf his intention to commute before or at the time he is notified to perform the labor. 3rd. That the Overseer shall cause the statute labor and commuta- tion, or other money, in his hands or under his control for that pur- pose, f D be expended between the lOth day of May and the 2l8t of July, unless otherwise directed by resolution of the Council, or unless urgent and necessary repairs to the roads or bridges are required at other time, in which case he may expend the whole or any part of such labor or money. If required the Overseer shall give a certificate of the performance of stitute labor. He may with the statute labor, cause the destruction of weeds detrimental to good husbandry that may be growing upon the highways, and shall cause railings and guards to be placed at dangerous places, and shall not remove any fence that may be upon any allovvance for road without written auth- ority from the Council. 4th. That a day's labor shall consist of eight hours faithful work, exclusive of coming and going. The work of a yoke of oxen or span of horses, with :i driver and waggon or plough, shall count for three days, and a horse and cart with driver two days. And no boys or in- firm persons shall be taken in lieu of men in any case, unless due all lowance be made therefor by agreement with the Overseer and at his discretion ; and any person unasaessed or assessed under two hundred dollars, who for any cause may be in indigent circumstances, may be relieved from statute labor by any member of the council, in which case the member shall notify the Overseer, and he shall note in his list the name of the indigent relieved, and the name of the member of council by whom relief was granted. 5th. That the Overseer may discharge any person who shall neglect or refuse to perform their labor in a proper manner, and the person so discharged shall be liable to the same penalties as if he had not work ed on that day, and the Overseer shall within two weeks aftor default, f)rosecute before the Reeve or any Justice of the Peace any person who las neglected to perform his statute labor ; and shall return his list to the Township Clerk on or before the first day of September, having entered tlierein the names of all persons in his division liable to per- form statute labor, specifying the number of days performed, or ne- glected to be performed, and the reasons thereof, together with an ac- count of the expenditure of all monies by liim, and the number of days he was employed attending to the duties of his office, such list to be verefied by a declaration signed by him before the Township Clerk, on any member of the council to the following effect : •'I. B. C. do siwcerely and solemnly declare that the written list contains a just and true accoimt of the matters therein mentioned, to the best of my knowledge and belief. 6th, In case of any unusual or unforseen casualty causing obstruc- tion or d image to any road or bridge, at a time when the statute labor for the year has been performed, the Overseer shiU have power and 18 authority to cull out residents of his divisiou to repair 6ueh damage, DPortioniug the work equally as near as may be, and ehall return im- mediately to the Township Clerk an account of the work so performed, which shall by the cleak be credited to the parties against their farst liabilities for statute labor thereafter. , . 7th. That it -shall be the duty of the Overseers in whose divisions are portions of the township lines to expend a fair and just portion ot the statute labor in the repair of such township lines. 8th. That it shall be the duty of the overseei* at the most conven- ient time during the time limited for the performance of Statute labor, of which due notice shall be given, to convene a meeting of the persons of the division liable to perform Statute labor therem, and request the persons so assembled to appoint a Chairman, and proceed to select a person to recommend for the office of Overseer for the ensmng year, and in case of a selection, the Chairman shall certify a person so cliosen, and the Overseer shall return the certificate with his hst. 9th. That an Overseer of Highways may be allowed, m the discre- tion of the Council, in anticipation of his next year s work, for any time he may devote to the duties of his office above the number of days for which he is liable for statutd labor. ri„„„^n ^f 10th. That it shall be the duty of Overseers to notify the Council ot the existence of any superflous timber, stones, sand or gravel that may be upon any aUowance for road within their divis.ou, and under the direction of the Council, to sell and dispose of the same nth. That any person in this Township who sha neglect or refuse to compfy with the requirements of this By-law «1^-1\^P° ^^Xo to a thereof before any Justice of the Peace for the bounty be liable to a fine of not less than Two Dollars nor more than Twenty Dollars, to- gether with the costs of prosecution, to be collected by distress and sale of the goods and chatties of the offender if , not otherwise pa d, and if no goods or chatties can be found, then by imprisonment m the Common Jail, with or without hard labor, lor any term not exceedmg %Vtf fhat B^ytw No. B45. and all other By-laws of this Council heretofore passed, regulating the duties of Overseers and performance of statute labor, be and the same are hereby repealed. HECTOE BEATON, ?• »• HOOVER, Clerk. ^eeye. BY-LAW No. 499. Passed May 7th, 1883. For preventing offences against Public Morals. The Corporation of the Township of Pickering enacts as follows : Ist. It shall not be lawful for any person withm this Municipality 14 to give intoxicating drink to a minor apprentice or servant without the consent of a parent, master or legal protector. 2nd. It shall not be lawful for any person to post indecent placards, writings or pictures, or write indecent words, or make indecent pic- tures or drawings on walls or fences in streets or public places within this Municipality. 8rd. It shall not be lawful for any person to be guilty of vice, drunkeness, profane swearing, obscene, blasphemous or grossly in- sulting language, and other immorality and indecencv within this Municipality. 4th. It shall not be lawful for any person to keep a disorderly house and house of ill fame within this Municipality. 5th. It shall not be lawfiil for any person to be guilty of indecent public exposure of the person, or other indecent exhibitions within this Municipality. 6th. It shall not be lawful for any person to bathe or wash their person in any public water in or near this Municipality. 7th. Every person convicted of an infraction of this By-law shall be liable to a penalty of not less than One Dollar nor more than Twenty Dollars, m the discretion of the convicting Justice or Justices, togeth- er with costs of prosecution ; such sum if not paid tc be levied by distress and sale of the offender's goods and chatties ; and in default of distress he may be committed to the commoL gaol of the County for any term not exceeding twenty days. All fines and penaltit^s in- flicted under the authority of this By- law shall be paid over to the Township Treasurer, and form part of the funds of the Corporation. 8th. By-law No. 462 of this Corporation i,^ hereby repealed. HECTOR BEATON, Clerk. P. R. HOOVER, Reeve. BY-LAW No. 500. Passed May 7th, 188B. A By-law to prevent or regulate the firing of guns or other arms, and the firing or setting off of fire-balls, squibs, crack- ers or fire-works, and for preventing charivaries and other like disturbances of the peace. The Corporation of the Township of Pickering enacts as follows : Ist. That it tjliall not be lawful for any person or persons to fire off guns or other fire-arm, or fire or set off fire hills, squibs, crackers, or 15 fir«workB, or charivari or cause any like disturbances of the peace in onv fitraet or public place within this Municipality. ... e Ld It shaKt be lawful for any person to be guilty of nngms of beUsfblovv^ng of horns, shouting and other unusual noises m streets or public places within this Municipality. , 3rd Everv person conv cted of an infraction of this By-l.iw siiaii ne Imble to a penalty of not less than One Dollar nor more ban Twenty Srs! In^he di'scretion of the convictipg J^f ^^^r/^^'^^^^^^^^^^^^ er with costs of prosecution ; such sum if not paid to be leviea oj dirress and sale of the offender's goods and chatties and in default of distress he may be committed to the Common Gaol of the County tor ny tei^ no^eLeediag twenty days All ^^^?,^^\^^^l^l'i'f^^^ under the authority of this By-law shall be paid over to the Township Tr«HBUrer, and form part of the funds, of tlie Corporation. HECTOR BEATON, ?• ^' HOOVER, Clerk. I^eeve. BY-LAW No. 501. Passed May 7th, 1888. A By-law to prescribe the salaries and remuneration of the sev ■ eral Township Officers hereinafter named. The Council of the Corporation of Pickering enacts : Ist That the salaries of the several Township Officers shall be the T: tt ^^^Z^fm^T^ir. lieu of all percentages ; toT^TowS Clerk, $375 per annmn ; to the Assessor the suna of ft 150 • toTbe Collector the sum of $150 in lieu of all percentages ; to each baputy Returning Officer the sum of U per day durmg elections; f^ ioii C/itor the sum of $10 ; to each Councillor $2 per day, and IVcTnts'p'efmVef^^^^^^^ travelled to attend meet mtra nf the Council ; to the Hall-keeper $25. . , . .-a Tnd A^dbeTfa'rther enacted that , the salaries h^mmen^^^^^^^^ shall be computed from the first day ot January, 1883, and that By - aw No! sSW all other By-laws, or parts of By-laws, of he Cor. portion, contrary io, or inconsistent with the provisions of thiG By- faw, shall be, and the same are hereby repealed. HECTOR BEATON, P- R* HOOVER, Clerk, ^«^^'^- 16 liY-LAW No. 60*2. Passed May 7tli. 1888. A By-law to remove obstructions from Road Allowances in the Township of Pickering. The Council of the Corporation of the ToWaship oi Pickering enflots: 1st. That from and after the passing -"♦this By-law, it shall be the* daty of the Reeve or head of the Corporation for the time being, on application to him in writing, made by any Freeholder, or House- holder of the Township for that purpose, to summon any person or persons having any part of uny allowance for road within this Town- ship, enclosed by a lawful fence, or otherwise obstructed, to attend the next meeting of the Council, (held not sooner than eight days from the date of such summons) stating the time and place where such meeting will be held, to shew cause, if any, why he or they shall not cause such obstructions to be immediately removed. 2nd. That when the parties interested in the removal of any ob structions upon any road allowance, at. aforesaid, shall have had an opportunity to be heard before the Council in reference thereto, it shall be lawful for the Council to order the removal of such obstruc- tions within such time as it may deem expedient. 3rd. That any neglect or refusal to obey any order made under the authority of this By-law, shall subject the offender to a penalty for every such offence, of a «um not less than One Dollar, nor more than Fifty Dollars, together with costs. Such penally and costs may be recovered and enforced by summary conviction under the Suuim;ir> Convictions Act, before any Justice ot the Peace of the Township, and in default of payment the offender may be ooiamitted to the Common Gaol of the County, there to be imprisoned for any time not exceeding,' Twenty-one days, unless the fine and penalty and costs, iucludiu,:^' the costs of committal, be sooner paid. 4th. That every penalty recovered under this By-law, shall be paid to the Treasurer of the Township, and form part of the general funds. 5th. That By-law No. 67 of this Corporation, be, and the same in !:cieljy repealed. HECTOR BEATON. p. R. HOOVER, Clerk. Reeve. lu ai w tl a t( c t: p % I s BYLAW No. rm. Passed May 7th, 1888. By-law /or the protection of Side <iud Crossing-walks in the Township of Pickering. The Council of the Corporation of the Township of Pickeriu" enacts : ' . "^ 17 Ut. That from uudnfte.' the P«»«iuK.ot ''''« 'Ymm^erlt u"o? ov in otherwise paid, may be collected by ^^^^ff ^^^""^^'f/^^oods or chattel.. t^X^t^ £f,f;t!Zea\"°jtr;^aU fo..,.. period not exceeding one naouth. ^ , -^ ^^, '^'ih. That by-law No. 57 of this Corporation be, and the Bame i. hereby repealed. HOOVER, HECTOR BEATON. ?• «' ^^^^'^"^E'eeve. Clerk. f^mt from loss, mutilation or destruction. , , i Where,8 U is de irable to encourase the planting »( trees lor 8 aJ. .,n)l ornament on the several streets, highways, and puMf /■''««'■ trifhinth™ municipality, and to protect those already planted fron, '"T; rffioreltrhy le Municipal Council o. the Township of .lT„r-;tt"aralT^Xr thrpeualties mentioned in the la,, clauses of this Act. • • „<• fi,o Rppva shall climb, 18 0' o: otherwise remove, injure, or destroy any of the trees now growing?, or which shall hereafter bo phiutecl iu the BtreetH, hicrhwayB or public plucos of this Municipality, and no person shall in any way fasten any norse or other animal to any of Raid trees, or allow any animal owned by him. or under his control, to stand so near to the same that they m»iy be gnawed or otherwise injured by any horse or other animal bo fastened or permitted to stand. 3rd. Any person violating ihe provisions of sections 1 and 2 of this by law shall be subject to the penalty in the last section mentioned. 4th. That any person who shall plant any ash, baas- wood, beech, birch, butternut, cedar, cherry, chestnut, elm, hickorj', maple, oak, pine, spruce, walnut, or whitewood tree on any highway, or on any boundary line of farms, or within six feet of such boundary lines, with' in this Municipality, at a distance of not leas ihan thirty feet apart shall be entitled in abatement of stature labor or out of the general funds thereof a sum of not less than twenty-five aents for every tree so planted that is fouc^l to be thrifty and in a flourishing condition at the expiration of three years from the date of said planting. 6th. It shall be the duty of the Inspector heremafter appointed to examine and report as to the number and condition of the trees plant- ed as aforesaid to the Clerk of this Municipality. Also posters shall be put up in at least six conspicuous places within this Municipality, giving notice of the penalty for injuring shade trees. • 6th. Any person guilty of an infraction of this by-law shall, upon conviction thereof before a Justice of the Peace forfieit and pay such sum of money, not exceeding twenty-five dollars Lesides costs, as such Justice may award, and in default of payment the same may be levied of the goods and chattels of the person offending, or such per- son may be imprisoned in the Common Gaol of the County for a period not exceeding thirty days. 7th. That D. B. Nighswander be and is hereby appointed Inspector of trees, whose duties shall be as defined in the "Ontario Tree Plant- ing Act, 1883," and in this by-law, and his remuneration for such services shall be $2 per day while engaged in such work. HECTOil BEATON, P. R. HOOVER, Clerk. Reeve. b c Extracts an Act to encourage the Planting and Growing of Trees. 4. Any perse )wning land adjacent to any highway, or to any pub- lic street, lane, alley, place or square in this Province, may plant trees on tlie portion thereof^ contiguous to his land ; but no tree shall be so planted that the same is or may become a nuisance in the highway or other public thoroughfare, or obstruct the fair and reasonable use of the same. Any owner of a farm or lot of land may, with the consent of the 19 owner or owners of .ajoiumg lnn,l«, pi .u. tree, on the bounaary tin.. place of B,|uare, «li»ll be aeemed to be »"'« l'™r'W ° . .^^^ „, L land.' aajacen. 'VohU'' "n^'eveT™^^^^^^^^^^ »"l^-'»'' '"'.•' KXrril:eT,iria^1:rbe "aeen,sa l be the comn,ou property "'^'^erZnC'r*":^;^::^^^^^^^^ and nearest to such tree, shrab or sapl.ng. . 5. Theconneil .t any mun,cipality -^n ^t^ 'eeeC7t«n?yTv! out of m«nioip»l tods a b^"' " P'ra^S iSrnut, cedar, cents for each md every ash, basswooil, beooh, wren, ^^ cherry, chestnut, elm, hickory, "?!>'»; °''^'PS^J'„Tt,« Act, bo whitewood tree, which ?1?«1 ..»»*«•• «''; Ewr or on any bound- sl;"i^'e:nrs?^x3.'o?wTtC^Att"^^^^^ Printed Copies of .be f^^t^tS toou^llrtrmuS^Uy: six and seven of this Act, shall be post«l 'l'^""*™? „f ^m by-law ^f^tZ^Z "t^^^^^y^^ "^ tUe san^e and .e- ^t ThXpector shall make to the --iXra^ /S^^^^^ if required so to do, siviuR the name« of all pe^^^^^^^^ J^ bonus or premium under the ^y^^^^' ^^^^^ oTm-eSium to wuich each flpeoies planted, and the ^°?.^"f *^/[, ^°X disr ce between any one port the bonuses or premmms shall be paid. 7. The Treasurer of the Province, -P^/^r: TiSLuV^^^^^ gpector's report, certified by the reeve and <.lerk -^^^ ^« P^^^^^.j. fc^^=S;I^S S- ?, t^^^y -le forwarded Sn or before the first day of November m e-chyear. 20 AN ACr UESPECriNd USE FENCES.-ClIArTER 198. Her Majeflty, bv au.l with ti.e .uivice -lud couseut of the LeKiahitivo .vssonibly'of the I'ro'iuce «f Outnrio,enuct« us follows : I This Act may be cite,^ m "The Line Fences Act." 2. Dvvuors of occupied luljoinn.H lauad shall make, keep up and re- unir u just proportiou of the fimco whicli marks the boundary between tlH.ni,orif\her«i8Uofence, thoy shall so make, kecD up and repair the same proportion, which is to mark such boundary ; and owners ot unoccupied lands which adjoin occupied lands, shall upon there being occupied, bo. liable to the duty of keej^ing up and repairmg such pro- portion, and in that respect shall be m the samo position as if their land had h^en occupied at the time of the original feuoiug, and shall 1)H liabl*^ to the compulsory proceedings hereinafter mentioned. »/ v. ^' 3. In case of dispute between owners respecting such p.-oportion, the following proceedings shall be adopted : „„„„„„♦ Either owner may notify (Form 1) the other owner or the oooupant cl the land of the owner so to be notified, that h« will, not less than one week from the service of such notice, cause three Ft^uce viewers of the locality to arbitrate in the premises. Such owners so notifying shall also notify (Form 2) the h ence- viewers not less than one week before their services are re(iuired. The notices in both cases shall be in writing, signed by the peruon notifying, and shall specify the time and place of meeting for the arbi- tration, and may be served l>y leaving the same .t the place ot abode oi -uch owner or occupant, with some grown-up person resident theie- ,.,t ; or in case of such lands being untenanted, by leavmg such notice with any agent of such owner. ,, ,. The owners notified may, within the week, object to any or allot th. Fenc- viov/ers notified, and in case of disagreement, the Judge hereinalter mentioned shall name the Fence-viewers who are to arbi- 'T'An^IcIupant!'not^the own- of the land notified in the manner above mentioned, shall immedia ly notify the owner : and if he ne^ gleets to do so, shall be liable for all damage caused to the owner by such neglect. 37 V. o. 25, s. 9. . j -r ««„„,\.n,i 5 The Fence-viewers shall examine the premises, and if required by either party, they shall hear evidence, and are authorized to ex- amine the parties and the witnesses on oath, and any o»ie of them may administer an oath or af!ir.xiation as in Courts of Law. %y. c. 25 s. 4. 6 The Fence-viewers shall make an award (iorm <)) in writing signed by any two of them, respecting the matters so in dispu e ? which awfird shall opecify the locality, quantity, description and the lowest price of the fence it orders to bt. made, and the time withm whicli the work shall be done, and shall state by which of the said parties the cost ot the proceedings shall be paid, or whether either party sUkII pay some proportions of such costs. In making such award the Fence-viewers shall regard the nature of the fences in use in the locality, the pecuniary cucuaistances ot the \ « •21 ,„,.«ou» betweou whom .hey ,u-l,i.vato, ,m.l jjeuoully th. .uit,>hku..» of ilw frucc ordmea U) tho w,,ul» of aioh imity- vVh«r.., tn„u Uio tormatiou of.Uje »''' '"•'• ^^j, ™(»°J'/„ ° '" \u^ Huo looatiou sluiU not lu uuy w,cy utloet th. ti l" to « ^^ "J" ,^^,4,^1 L^^^a Tf Yiflr»HHsiuv the Fence viewers may employ a iioMnoiai u« Suvve/or "n;/l\avo che locality deBcribed by metes and bounds. .7 ^•7"'The :;ward shall be deposited in the office of the Clerk of the Councii:>fr Muuicip dity .1 which the ^^^^T^^^i^l^o. ;m official docmnent, and may be Riveu m «;»^^^^^^^^^^ ceedin« by certified copy, as arc other official documents . /'•^^^ ""' « ^ntXin'g made shall be «iyon to all ^^^^^-^^^t^^ a ^r ng to 8. The :iward may be enforced as f^'^^^'^^'^J-.^.'^^.^^ot the adjoining enforce it shall serve uion the o-,vner or occupant «* ^^^^Xf the lands a. notice in vvntm«,re, ^^J ^ ^^^^ ^^ vi ^ the award is not obeyed within ' .. montl J^^J/*^^:;^", 1^^^,^ the award person HO desiring to enforce it may do 7,^^ ^^"J the costs from the "t?"lut'urrr'S-^rDivt^^^^^^ application of Sher pait e2d the thne for making such f.nce to .uch time as ae '^t'S^kH^^^'^ lien and ^ . ^-^f ^P^ ^^^^J '^'^Such registration may be io duplicate . by -Py| ^o ve^ .^J^^^^ ^ of a witness to the ong.onl m^ " rr;Z;-rrrAc '' ^7 V. c. '25, s. 8 . which is within the meaning «/, //^„^S'\7receive two dollars each 1(». The Fence-viewers shall be entitled to recen j^ Unrv.vors and for every day's work under this Act. Provincial Laud ^urv ^. ors aua witness's sh^ll be entitled to the saru. compensation as if they .ere fromto the^udge of the County Court of the C-^n Y J which d^ lands are situate, and the proceedings on such app-al .hall be ^^^tU appellant shall serve upon ^1- .F-ce^i^ interested, a notice in writing of his i"tention to app week from the time he has been notihed of the .uvard , wnicn mav be served as other notices mentioned in tins ACi. the Judge dull appoint a tune for tlie ^^f'^f j,*"^!",,'!,";, „ the s^ci^i°::':i.Te:x^r?x:uX^;«^^^^^ 22 The Judge shall order the time and place for the hearing of the ap- peal, and oonununioate ths same to the Clerk, who shall notify the Fence-viewers and all parties interested, in the manner hereinbefore provided for the service of other notices under this Act. The Judge shall hear and determine the appeal, and set aside, alter, or affirm the award, correcting any error therein, and he may exam- ine paiiies and witnebses on oath, and if he so pleases, may inspect the premises ; and may order payment of costs by either party, and fix the amount of such costs. Hia decision shall be final ; and the award, as so altered or con- firmed, shall be dealt with in all respects as it would have been if it hai. not been appealed from. The practice and proceedings on the appeal, including the fees pay- able for subpoenas and the conduct money of witnesses, shall be the same, as nearly as may be, as in the case of a suit in the Division Court. 37. v.* c. ii6, s. 11 ; 40 V. c. 7, Sched. A. (202) ; 40 V. c. 8, 8.58. 12. Any agreement in writing (Form 4) between owners respectmg such line fence may be filed or registered and enforced as if it was an award of Fence-viewers. 37 V. c. 25, a. 12. 18. The owner of the w hole or part of a division or line fence which forms part of the fence enclosing the occupied or improved land of another person, shall not take down or remove any part of such fence, (a) Without giving at least six months previous notice of his iuten tion to the owner or occupier of such adjacent enclosure ; (6) Nor unless such last mentioned owner or occupier after demand made upon him in writing by the owner of such fence, refuses to pay therefor the sum, to be determined ad provided in the sixth section of this Aet. (c) Nor if such owner or occupier will pay to the owner of such fence or of any part thereof, such sum as the Fence viewers may award to be paid therefor under the sixtli section of this Act. 40 V. c. 29, 8, 1. The provisions of this Act relating to the mode of determining dis pntes ])etwe«n the owner of occupied adjoining lands ; the manner of enforcing awards and appeals therefrom ; and the schedules of forms attached hereto, and all other provisions of this Act, so far us appU cable, shall apply to proceedings under this section. 40 V. 0*29, s. 2. 14, Iftinytreeis thrown down, by accident or otherwise, across a line or division fence, or in any way in and upon the property adjoin- ing that upon which such tree stood, thereby causing dam.ige to the crop upon such property or to such fence, it shall be the duty of the proprietor or occupant of the premises on which such tree theretofore sieod, to rejuove the same forthwith, and also forthwith to repair the fence, and otherwise to make good any damage caused by the falling of such tree. On his neglect or refusal so to do for forty-eight hours after notice in writing to remove the same, the injured party may remove the same, or cause the same to be removed, in the most convenient and inexpensive manner, and may make good the fence so damaged, and may retain such tree to remunerate him for such removal, and may V 23 also recover any further amount of damages beyond the value ol such tree from the party liable to pay it under this Act. For the purpose ot such removal the owner of such tree may enter into and upon such adjoining premises for the removal of the same without being a trespasser, avoiding any unnecessary spoil or waste in BO doing . , . . • a * All disputes arising between parties relative to this section, and for the collection and recovery of all or any sums of money becoming due thereunder, shall be adjusted by three Fenee-yiewers of the Munioi. pality, two of whom shall agree. 29-80 V. c. 51, s. 855 (28). 15. The forms in the Schedule hereto are to guide the parties, be- ing varied according to circumstances, 37 V. c. 25, s. 18. SCHEDULE OF FORMS. FORM I. {Section 8.) NOTICE TO OPPOSITE PARTY. Take notice, that Mr. .Mr. m, „*t j/^n Mr , three Fence- viewers of this locality, will attend on the* day of , 18 , at the hour of , to view and arbitrate upon the line fence in dispute between our proper- ties, being Lots {or parts of Lots) One and Two in the ^on- cession of the TownsMp of in the county of Dated this day of , 18 • A. JD>i rvQ (J D Owner of Lot 1. Owner of Lot % FORM 2. {Section 8.) N^ '^ICE TO FENCBVIEWBRS, Take notice, that I requir. you to attend at ^,«,„„w m * day of ,A.D. 18 , at ^*^°°^,^,f7 to view and arbitrate on the line fence between ^yvrov^m ^.nA ^^t of Mr , being Lots {or parts of Lots) Nos. One and Two in the Concession of the Township of » »n »»« County of . Dated this day of ' ^** ; u A. ■£>., Owner of Lot 1. 24 FORM 3. (Section 6.) AWARD. We, the Fence viewers of {n.ime of the locality), having been norai nated'to view and arbitrate upon the Une fence between by {name and deacri-ption of owner who notified) and (name and description of owner notified), which fence is to be niade and maintained between {describe i^roperties), and having examined the premisea and duly acted according to " The Line Fences Act,'"' do award us follows : That part of the said line which coramenoes at and ends at {describe the points) shall be fenced, and the fence maintained by the said , and that part thereof which comnieuceB at and ends at {describe the points) shitll be fenced, and the fence maintained by the said The fence shall be of the following description (state the fcind of fence, height, material, Jtc.,) and shall cost at least P*^^^? .' The work shall be commenced within days, and completed within days from this date, and the costs shall be paid by {state by whom paid ; if hy both, in what proportion). Dated this day of < A.D. 18 . ( Signatures of Fence-viewers. I J FORM 4. {Section 12.) ^y^' AGREEMENT. ^Yg an^ , owners respectively of Lots (or parts of Lots One and Two in the Concession of the Township ot in the County of . do agree tlint aw line fence which divides our said properties shall be made and maintained by us as follows : ( follow the same form as award.) Dntwl tins d:iyof , A. U. 1» . (Signatures of parties.) A.N ACT RESPECTING DITCHING WATER-COURSES. CHAPTER 199. Her Majesty, by and with the advice and consent of the Legislative Assemblv'of the Province «f Ontario, enacts as follows : 1 This \ct may be cited as " The Ditches and Water- Courses Act. 2. This Act shii'll not aftect the Acts reliting to Municipal Institu 25 tions or the Acts respecting Drainage, us this A-t is intendea to fiDply to individual, and not to public or local interests, rights or liaLililies. 38 V. 0.26, 8.2. ,. . . , T , ■ 1 nil 8. In case of owners occupying adjonnng lauds whicli would be bene tited by making a ditch or drain, or by deepening or widening a ditch or drain already made in a natural water course, or by m king, deep- ening or widening a ditch or drain for the purpose of taking off surplus water from swamps or low miry land, in order to enable the owners or occupiers thereof to cultivate the same, such several owners ^shall open and make, deepen or widen a just ai>d lair proportion of such ditch or drain, according to their several interests in the construction ot the same ; and such ditches or drains shall be kept and maintained so open- ed, deepened or widened, by the said owners respectively, and their successors in such ownership, in such proportions as they have been so opened, deepened or widened, unless in consequence oi altered circum- stances the Fence-viewers hereinafter named otherwise direct, which they are hereby empowered to do upon application of any party inte- rested, in the same form and maune. as is hereinafter prescribed m respect of the original opening, deepening or widening ; and m case the Fence-viewers tiud no reason for such application, all costs caused thereby shall be borue by the applicant. 38 V. c. 20, s. 3. 4. In case of dispute between owners respecting such proportion, the following proceedings shall be adopted : Either owner may notify (Form 1) tlie other owner or the occupant of th" land of the owner so to be notiiied, that he will, not less than one week from the service of such notice, cause three Fence viewers ot the locality to arbitrate in the premises. Such owner so notifying shail also notify (Form 2) the Fence- viewers not less than one week before their services are required. The notices in both cases shail be in writing, signed uy the person notifying, and shdl specify the thne and place ot meeting for the arbr tratiou, and may be served by leaving the same at the place of ,ibode i>t such owner or ocoup mt, with some grown-up person residing thereat, or in cii.se of ^i non-resident, by leaving such notice \^ith any agent ot such owner. , , . n f ti The owner uoti led in iv, within tho week, object to any or ail ot tlie Fence-viewers noti'aed ; and in case of disagreement the Judge hereiu- after mentioned shall name the Fence-viewers who are to arbitrate. 38 Vic. c. 20, s. 4. -, . , i 5. An oceup mt not the owner of land notihed in the manner above- mentioned, shall immediately notify the owner ; and if he uegiects so tc do, shall be liable for all damage caused to the owner by such neglect. ;18 V. c. -20, K. 12. •-,•<•■ j i 0. I'he Fence-viowert shall exanine the premises, and it requirea by either party, they shall hear evidence, and are ^utliorized to e>iauiue the parties and their witnesses on oath, and any one of thein may administer an oath or atfirmation as in Courts of Law. 38 V. c. 20, s. o. 7. The Fence-viewers shall make an award (Form o) in writin;^, signed by any two of them, respecting the matters so in dispute, which award shall specify the locality, quality, and description and cost ut the ditch or dr.iin"it orders to bt; made, and the time witiun which the 26 work shall be done; and shall st.ite by which of the said parties the costr. of the proce.lings shall be paid, or whether either party shall pay some pi'oportion of such costs. In makine such award the Fence- viewers shall regard the nature of the ditches or drains in use in the locality, and generally the suitable ness of the ditch or drain ordered to the wants of the parties ; and the Fence- viewers may, if they think necessary, employ a Provincial Land Surveyor for the purpose of taking levels, or of making a plan for the parties to follow in making the ditcii or drain, or for otlier purposes. If the expense of the ditch or drain exceeds the expense as estimated bv the Fence-viewers, the same Fence- viewers may be again notih«a in the same manner herein provided, and shall attend, and if they see fit, make a supplementary award respectmg such expense, which award shall have the same eflfect, and may be dealt with in all respects as if it were part of the first award. 38 V. o. 26, s. 6. If it appears to the Fence- viewers that the owner or occupier of any tract of land is not sufficiently interested in the opening up the ditch or water-course to make him liable to perform any part thereof, and at the same time that it is necessary for the other party that such ditch should be continued across such tract, they may award ihe same to be done at the expense of such other party; and after such award, the h.st mentioned party may open the ditch or water-course across the tract, at his own expense, without being a trespasser. 40 V. c. 8 8 59 's." The award and any plan made as above provided for, shall be deposited in the office of the Clerk of the Municipahty m which the lands ore situate, and the award and plan shall be official documents, und may be given in evidence in any legal proceedings by certified copies, as are other official documents, and notice of their being made shall abo be given to all parties interested. 88 V. c. 26, s. 7. 9. The award shall constitute a lien and charge upon the lands re8pecting which it is made when it is registered in the Registry Office of the County or other Regi«»tration Division m which the lands '"^Such registration may be in duplicate or by copy, proved by affidavit of a witness to the original, or otherwise, as m the case of any instrument which is within the meanmg of ''The Registry Act. db 10. The'award may be enforced as follows : The person desiring to enforce it, provided the work is not done within the time specified by the award, may do the work which the inward directs, and may immediately recover its value and the costs from the owner by action in any Division Court having jurisdiction in the locality : but the Judge of such Division Court may, on application of either party, ex- tend the time for making such ditch to such time as he may thinU iust. 88 V. c. 26, s. 8. , • ^ j n „ t^^ 11. The Fence. viewers shall be entitled to receive two dollars for every day's work under this Act. Provincial Land Surveyors and witnesses sh.iU be entitled to the same compensation as if they were subpoenaed in any Division Court. 38 V. c. 26, s. 13. > < 27 > i 12. \ny person dissatisfied with the award ruade may appeal there- f^-om to the Judge of the County Court of the County in wlvich the lands are situate ; and the proceedings on such appeal shall be as follows : The appellant shall serve upon the Fence- viewers and all parties interested, a notice in writing of his intention to appeal, within o week from the time he has been notified of the award, which notice shall be served as other notices mentioned in this Act. The appellent shall also deliver u copy of such notice to the Clerk of the Division Court of .he Division in which the land or a portion thereof lie«», and the Clerk shall immediately notify the Judge of such appeal, whereupon the Judge shall appoint a time for the hearing thereof, and, if he thinks tit, order such sum of money to be piid by the appellant to the said Clerk as will be a sufficient indemnity ag linst costs of the appeal. The Tudge shall order the time and place for the heai'ing of the appeal, and communicate the same to the Clerk, who shall notify the Fence-viewers and all parties interested, in the manner hereinbefore provided for the service of other notices under this Act. The Judge shall hear and detex'miue the appeal, and set aside, al«ier or affirm the award, correcting any error therein, and he miy eximme parties and witnesses on oath, and, if he so pleases, inspect the pre mises, and he raay order payment of costs by either party, and fix the amount of such costs. His decision shall be final ; and the award, as so altered or confirmed shall be dealt with in all respects a"* it would have been if it bad not been appealed from, 38 V. c, 26, s. 14. 13. In case any Municipal Corporation would be benefited by the construction oi such ditch or drain, such Corporation shall be in the same position as an individual owner under this Act. ;^8 V. c. 26, s. 10 40 V. 0. 8, s. 60. 14. In case any person during or after the construction of the ditch- es or drains herein provided for, desires to avail himself of such ditches or drains for the purpose of draining other lauds than those contem- plated by the original proceedings, he may avail himself of the pro- visions of this Act, as if he were or hid been a party to snch origin il proceedings, but no person shall make use of the ditcher dr liu** constnicted under the provisions of this Act unless under agreement or award pursuant to its provisions as to use of the land of others, a'^ to enlai'gement of the original ditch or drain, so as to contain addition- al water therein, and as to the time for the completion of such en- largement. 38 V.c. 26. s. 11. 15. Any agreement in writing (Form 4), between owners re>4peoting such ditch, may be filed or registered, and enforeed as if it was an award of the Fence viewers. 38 V. c. 26, s. 15. 16. The forms in the Schedule hereto are to guide the parties , b«- ing varied according to circumstances. 38 V. c. 26, a. 16. 28 SCHEDULE OF FORMS. FOlUr I. {Section 4.) NOTICE TO OPPOSITE PARTY. \Ir ' ^"^^ Take notice, that ^^^ ^.^^^^_^.,^,,, of this locality , will attend on ''^^ • ^ f 18 at the hour ol » ""^ .tw our pvopertielfbel. Lot. (- parts "f Lots) On. "od r»o in t.. ^"""^TnTlSint'e^ ...e aitch ui dispute upon our said Lots. Dated this day of To C. D., Owner of Lot 2. 18 Owner of Lot 1. FORM 2. {Section 4.) NOTICE TO FENCE-VIEWERS Take notice, that I require you to ^^^*Jf °.^„ ^^ . day of ' ^'^' ^^ ' ''^ to view my property and that of Mr. parts of Lots) Nos. ():ie and Twom the Township of .'f ^^'^'^wl arbitrate on the ditch required on said Lots. Dated this day of on the o'clock A.M., , being Lots {or Concession of the and A.B., Owner of Lot 1. yy-'Hf FORM 8. {Seccion 7. AWARD. llt/U lU view tliiM ,^. i^.i aMim 29 toho notified) and (name and description of owner ^'O^^"^)' "P"?^ ,^ t^l^t^^rZ upoi the property of (nanveof owner noUfie^^.^l^^^ ditck is to be made and maintalne<l on ^'^'dpvopery; and having e^^^ ainined the premises and dul^' acted accordmg to {he^f ,7,'^*''*'^? ]HtcMnT\^ater.courses, do iward aB follows : A ^^'<^^ ^^HlJ'^f' und maintained by the said T^'^TT^^ j^,-il X ditct commencement and then give course and point ^ ^J^^''^^^^^]^^^^^ Rhali be of the following description {state kind of ditch, depth, wiam, Ji • ifapUn has been made by Provincial Land Surveyor, descrzhe 7ourstlFndofditch,Sc.,byr:/erencetopla^. The work shall be commenced within days, and completed ^Jlthm da^s from this date, and the costs iball be paid by {state by whom to be paid; and if by both, in what proportion). Dated this day of ' I I^^ h.^M *jisw«ra ) \if areas'. " {Signatures of Fenee-vtewere.) FORM 4. {Section 15.) AGREEMENT. • . Wfi and . owners respectively of Lots (or parts of Lots One and Two in the Concession of the Town^h.g^ in the County of . do agree that a dxtch shall be made and maintained by us as follows : {follow the same form as in a/ward.) , - a n la 1. >i 'k AN ACT TO AMEND THE LINE FENCE9 ACT. Assented to 7th March, 1873. Her Majesty, by and with the advice and consent of tUe I^e^alative AssemWy of the Province of Ontario, enacts as follows :- 1. In the Line Fences Act, being chapter one hundred and mn y eiahtofthe Revised Statutes of Ontario, the expression "ofUpi«d ffi.^ BhaV npt include 80 much of a lot, parcel or farm a« iB^en- closed, althougli a pa^.of such lot. parcel or ferm « enclosed and in actual use apd occupation. 80 AN ACT TO AMEND THE REVISED STATUTE RESPECT- ING DITCHING WATER COURSES. Aasented to 7th March, 1878. Her Majesty, by aud with the advice and couseut of the Le«i8lative Assembly of the Province of Ontario, enacts as follows :- - 1 The following shall be added to aud shall form subsection five to section four of the Revised Statute respecting ditohmjjw, iter courses. Where the lands are situate in different municipahties, the said Fence viewers shall be selected as follows : two from the Fence-viewers of the municipality in which the land of the other owner or oooupan* so notified is situate, and the third from the Feuceviewers of the muni- cipality m which the iand of the party giving the notice is situate. In case of a disagreement aa provided in subsection four of tlna section, the county judge may appoint the Fence-viewers indifferently from either or both municipalities. ^ .. r j -„ 2 The judge i*eferred to in subsection four of section four, and in section twelve of the Revised St.tute ; the clerk of the municipality referred to in section eight ; and the clerk of the division court referred to in subsection two of section twelve, shall be respectively the judge of the county court of the county, the clerk of the division court ot the division, and the clerk of the municipality wherein the land of the owner to be notified lies. 8 Section three of the said Act is hereby amended by addmg attei the word "adjoining" in the first line, the words ''or at^acent.' Ur AN ACT RESPECTING DITCHING WATERCOURSES. Assented to 5th March, 1880. Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacte .-.s follows :— 1. Section three of Chapter one hundred and niuty nine of the Revised Statutes is hereby amended by strUcmg out the word occupy- iug," in the first line of said section and substituting therefor the ^2! Sub-section three of section four of the said Act is hereby amend- ed by striking out all the words after the word "resident' in the sixth line of the said sub-section and inserting the woids -by maihng such notice to, or leaving the same with, any agent oi such owner or by Mling such notice to the lust known place of residence oi such ,» section three of section seven of the said Act is hereby We, the B' adding thereto the following proviso : nated to viev ik \H 31 ••Provided alwayi that in the case of the death or removal from thr municipality of any such fence-viewers or his or their ceasing to be fenoe-viewers, another or other fence-viewer or fence-viewers may be notified in the place of him or them so dying, removing out of the municipahly or ceasing to be fence-viowerB, but there shall be the same right of objecting to the substituted fence-viewers as is given by Bub-section four of section four of this Act, and in case of such objec- tion being made the judge shall name the fence- viewers who are to arbitrate." 4. The eighth section of the said Act is hereby repealed and the following substituted therefor : The award and any plan made as above provided for, shall be de- posited in the office of the clerk of the municipality in which the landi are "ituate. within ten days after the making thereof, and the award 1 nd plan shall be official documents, and may be given in evidence in any legal proceedings by certified copies, as are other official docu- ments, and notice of their being made shall alsc be given by the clerk of such municipality to all parties interested, within three dava after their deposit. H ^^ii||M0|t>* Printed at the Gazette Office, Whitby, Ontj