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Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 BY=LAWS » \ onhan ®0fon4ip fl[io«mil ^ . — WITH — ACTS OF PARLIAMENT f Passed by the Ontario Legislature RKLATING TO i NOXIOUS WEEDS; / I LINE FENCES; DITCHES AND WATERCOURSES; AND PUBLIC HEALTH. /'I LONDON PRINTING AND LITHO. CO. \ May, 1893. ■I ^ ,, ■0f BY=LAWS ontton ®0tonsl^ip ^owncil — WITH — ACTS OF PARLIAMENT Passed by the Ontario Legislature RELATING TO LINE FENCES; DITCHES AND WATERCOURSES; AND PUBLIC HEALTH. /J LOIjIDON PRINTING AND LITIIO. CO. May, 1893. I BY-LAW 341, of the Municipal Council of the Corporation of the TownsJdp of London, passed March 20th, 1893. To regulate the time and manner of performing Statute Labor in the Township of London ; Whereas, it is necessary and expedient that the time and manner of performing statute labor in the said Township be regulated by By- law. Be it therefore enacted by the Municipal Council of the said Township of London under and by virtue of the Consolidated Municipal Act, 1892 :— ^ 1st. That all By-laws and parts of By-laws inconsistent with this By-law be, and the same are hereby repealed. 2nd. That from and after the passing of this By-law, it shall be the duty of each and every Roadmaster duly appointed in said Township to attend at the time and place appointed by the Township Clerk thereof, sign before him the necessary declaration of office and receive the statute labor list for his division, which list shall entitle each Roadmaster to call out and compel each party whose name is thereon written to perform the number of days' labor for which he or she is entered on such list, or to pay the commutation money in lieu thereof, in manner hereinafter mentioned, 3rd. That the statute labor shall be performed in every instance before the 10th day of July in each year. 4th. That each and every Roadmaster in the said township shall return to the Township Clerk or some member of the Township Council on or before the 15th day of August in each year the road list received by him from the township clerk which list shall have entered upon it, by the Roadmaster opposite the name of each party marked thereon who has performed his or her statute labor, the number of days performed, opposite the names of those who have commuted, the amount of commutation money received and how expended, and opposite the names of those who have neither performed their statute labor nor commuted therefor, the number of days not so performed or commuted for and shall certify to such return as being correct before the Township Clerk, a member of the Township Council or one of her Majesty's Justices of the Peace in and for the County of Middlesex. i.. i^'JitS/Zn!"^!':::!:' I»rfo™a„coof,ut„te labor axes, .pades, shovels and T^Zf .! ""^ ™°8°"'- P'"'' i''^' V'"^'. master' for 1« Z er So Zl of S h' ""'""■"1 ''^ '!« «oad- not bo entitled \„ 'any' a irfexcent for ?r'''''T' '*''°" "-»" for which he shall be allowXth! , ? ?lu " "?" "^ '""'*''' <«■ ««» lean, and driver and twX,fLea,hT ""''J ''*^' f™' '^"'='' '^"''We cart and driver. N„ E "admit" Z ° h'"' *''==°"' ^ ''"^ ""d person, not the owner thereTrfnrn 1, r^™ ^'"'" '° '="'"'»' "">- or plough for the perfor,„an»' ^J suS l^bS tISd' tr.^r"' of tttt'-'^anJ^^ yets'irot'Il^Jr"''" '^'"-° ""« »*!- amonnt, and who is not exemot bv hw f °"«™se assessed to any shall be liable to one day's sTtntel hi ,,''''"'''7'''« '"""'" '"bor, ' the Township. ^ '"'" '''''™ "" "'» ">'"''> """' highways of corn'mttS srarti:'rT:t,tf:!"'^'f »■•• »"?•■ ^ «. Eoadmaster of the divisi™, in whil If "^ ^ ™"? I""' '^"^ '" "'O be, or in case the perroTbe"'n:t '^'etcfTS T 'f P™"" ™ay division in which the said person resTderwit,^ Koadniaster of the and such demand shall be made , S^a irw^nch v'"f'''' ''™"""' • time at which he warns out thV n^, I„,^ -^ such Koadmaster, at the their amount of statutetbor! ' ' '" '"' '^""''"' *° P«f»"" i. ^^l^X^l S'whot: nor'"'"'™ fl't '"''" ""*' '-«o" Ihal, perforn^. the Sm It^ lalrXltUfed'S^o^'df i,?:!^' 'Koadmaster appointed for fhp r,7,m.r.o. '/^^""lii so to do by the refusal to perlUm sth abo X s x Ja^t'^otr r°' "'""' ,'"8"°' °'' the same, shall incur a penalty of ilve^DoC 'ST"' '""' "" ''" convict on of such wilful ,ip<.l/rf „,. ,.. p , I ' "'"' """' summary of the Peace afo Jad s fcf fut cf ""fn'^'^'r ™<' "'' "'o Justices together with the cos s o tosecSn IS ^ "" f H I""«"'>'. distress of the oifeiider's o„„i, .ml „? .* i ^i'f'.rras, to be levied by be no sufficient dis es such JusIp ^1 '' ""''•'" "^^ "'™ ^'°'M Con,m„n .Tail of ^V:!^TSi^^'Z::'t^2^':'l''- ^:^ ^crof'l^cf,7„/:ln^• '-"rr" '"-•'>'™' said offender to jail ar sire pL"^^^ ""^ / »»veying the than costs, recovered unde this sect?o f tlfr "",'' P'""'"*'^''' °*«- of the Township and iormVrt ^f rs'latt^'laterd^tflTrelr^^'''-"- been'enteSl.p:,';"L\::e1sment°:;'!r'';r'"''i"'' "'"r"' ""» "- default in peiforminrhi stat^ ' Kl n ™- "°'™ °'' '''"™"''' ■""''es for the sam'e, the overr'^/'lhe' thl;' ^'Xf^^^l^ll ittite labor ,'lis, picks, the Koad- srson shall 33 or oxen icli double liorse and mpel any t, scraper, 'nship, 1 the ages d to any ute labor, ' ;hways of 1 pay the •■y to the son may 31' of the demand ; sr, at the perform ' section foresaid, by the ?glect or m to do immary Justices penalty, vied by should r to the to hard Ity and ing the s, other easui'er ho has makes utation ; he is 5 placed, shall return him aa a defaulter to the Clerk of the Municipality before the fifteenth day of August, and the clerk shall in that case enter the commutation for statute labor against his name in the Collector's roll, and tlie same sliall be collected by the Collector. . 10th. That all Roadmasters in the Township who have been appointed and taken the declaration of office shall perform all the duties of said office until their successors have been duly appointed and niken the declaration of office. 11th. That every Roadmaster in said Township shall, on or before the l(ith day of July next, cause all fences and other obstructions whatever to be removed from the public highway in his division, and shall keep, or cause to be kept open, all ditches and water courses thereon. 12th. That where any highway passes through a wood, it shall be the duty of the Roadmaster of the division to give the owner or pro- prietor of such wood notice in writing, requiring him to cut down all trees or timber therein, unless such as are reservsd by the owner for ornament or shelter, for a space not exceeding twenty-five feet from the outside of the highway, within thirty days after having received such notice, and if such owner or proprietor neglects to cut down such trees or timber as required, it shall be the duty of the Roadmaster to cut and remove, or cause to be cut and removed, such trees or timber, either by statute labor, or to sell the same to defray the expenses, or to use it for the purposes of the road. 13th. That it shall be lawful for any Roadmaster to enter into any enclosed field adjoining any road under his jurisdiction, and to cut, dig or open any drain or ditch therein, without doing damage to growing crops, the more effectually to drain such roads, provided that no such drain or ditch shall be opened through any garden or orchard without the consent of the owner. 14th. That in case of death, absence or inability from sickness, of other unavoidable cause, any vacancy should occur in the office or Roadmaster, it shall be lawful for the memVjer of the Council lepre- senting that part of the Township in which such vacancy occurs to nominate a proper per.-on to the vacant office, who shall have all the power and authority w iich belonged to the Roadmaster who last pre- ceded him in office until the next meeting of the Township Council, when he shall be confirmed in such office of Roadmaster under the cor- porate seal of the Township. 15th. That each Roadmaster shall expend the statute labor on the most defective portions of the highways within his division. • \ 6 Ifith That each and every Roadmaster shall insert in the h<,f nmnshed Inm by the Township Clerk the name o na nes of ,mv person or persons whom he may have discovered to bo liable to perfo m statut. labor 8n)ce the said list was delivered to him as aforesdS^ placu,g oppos. e each such name added thereto, the day's statue labor re(|,ured by section six of this by-law to be performed 17th. That any Koadmaster neglecting or refusing to comply with the reqnn-ements of this By-law. after having been duly nSSl 07^8 the.eof before the Reeve of the Township, or one of Her Maiestvl Justices of the Peace, aforesaid, be fined, in a sum not exceS' twentydollars, nor less than five dollars. exceemng ♦V ■ ■^?1^'" .^.^'^t^^^ ^^''^'"te labor to be performed for land assessed in his Municipa ity. shall be performed in the division in ^Xch uch land IS situated, and all statute labor to be performed by pai-sonrnot r.,!^^n'' /}l''^ any Roadmaster, or other person authorized by the Council of the said Township of London, may enter upon any f^-m or lot of land herein, and search for and take away such timber ..ravel stone, or other mateiial or materials as may be necessary for niakinl' and keeping in repair anv roa.l or highway in the said Township and the ngh ot entry upon such lands, as well as the price or dami-^e to be paid to any person for such material, shall, if not agreed upo';! by cribeTbyVr'"'" ' " ''^'^"^ ''^^ '''''''''''''' "^ '^'^ "^^"» ^' V^'' JAMES GRANT, Clerk JOHN A BRAY, Reeve. 1^ in the list ncs of any 3 to perform us aforesaid, ly's statute 1. omply with tified of hi« sieiit proof • Majesty's exceedincr assessed in vhich such i)ersori,s not which such ivel in any such pur- contain ut id by the tiy farm or )er, gravel, 3r niakin'' nship, and iamaj^e to I upon by nner pre- lAY, Reeve. BY-LA^7^ 342, of the Miitucipal Council of the Corporation of the Township of London, passed March 'JOth, 1893. To prevent persons from hauling timber, dead animals, or other nuisances into the highways of the Township of London. Whereas, it is necessary and expedient to prevent persons from hauling timber, dead animals, or other nuisances into the highways of the said Townshij) ; Be it therefore enacted by the Municipal Council of the Corpor- ation of the Township of London, under and by virtue of the consoli- dated .d^unicipal Act, 1892 : — 1st, That all By-laws and parts of By-laws inconsistent with this By- lav/ be, and the same are hereby repealed. 2nd. That from and after the passing of this By-law, it shall not be lawful for any person or persons to haul, or caused to be hauled, any tim])er, ciMxl-wood, dead animals, or other nuisance into the highways of the Township of London. ;^rd. That any person or persons acting contrary to the provisions of this By-law, may be prosecuted before any one or more of Her Majesty's Justices of the Peace in and for the County of Middlesex, and, upon the oath of one or more responsible witnesses, may be fined a sum of not less than one dollar nor more than twenty dollars, to- gether with the costs of prosecution, to be levied by distress of the offender's goods and chattels, and, in case there be no sufficient distress, such Justice may commit such offender to the Common Jail of the said County, there to be kept at hard labor for any term not exceeding ten days, unless such fine and costs be sooner paid. 4th. That all penalties recovered under this By-law (other than costs) shall be paid to the Treasurer of the said Township of London. JAMES GRANT, Clerk. JOHN ABPtAY, Reeve. 8 •• rV 1 BY=LAW 343, of tUe Municipal CouneU of tU CorporaUon of tUe To.-.^,^ of London, passed March 30th, 1803. of Lond'of " ''^"' '""^'^ ^''' ^•-^ -^^ ^-vf"l fences in the Township be f^li'r h^lSin "^J^TC^'l ''■''' ^^ - ^-- - ^o from the ground no a eateJ, -'.l? ^^^^"g ^^r two feet of said height above that height to^rafeno'oili;;'?'" '\^ .^°""^'^ ^^^^» ^^^ i"«h««> inches. "" ° °'®''*" '^P^^e between them thar eight said'iSlht tm te"o..ound7o f ""^ '^^«^^^' ^"^ ^^ ^- ^-tof rails than five Sches ibT-Vrt h'^^l."? ^r^^'' '^^^^ between the tween the rails ^han^ight inches ""' '' ""''' "° ^''''' '^^-^ be- from'^rcenrrrth: ^:^rzr' ^^^^.^"^- ^-^ -^- -e^-s and carried up propel to the l-b/f^ ^^^ ^"'"^ substantial rails, greater space VVeenVeitl^^^^^^^ ^^J"^'^^^ ^^^* "^ ground than five inches, abovfthatherh/r V '^'"^ ^''^^'' ^™"^ ^^^e tween the rails than eight "nches ^ "^^ "" ^''"*'^' '^P^^^^ ^e- iess,!^^^sjtrs"iX^','^^r^^ tf ^^^^^^' ^-^- ^^^ - tween the wires for the first two fn f."" '. ""^'^ "^g^^^ter space be- above that height totveno oTea e ' r/l, ' ^^''"f *^^"" ^^"^ "^«^^e«> board or scantling on too f the W? *K^" T ^°^'' '"^"^ <^° ^ave a top, and any othSr prote^ct on fronr^W^' ""l"^'' '^'' ^''' '''''' ^^'^"^ the niay be required ^''°'''^^°" ^'°"^ "U«ry to persons or animals that JAMES GEANT, Clerk JOHX ABRAY, lieevi TojvnsJup ' Township of London, wing shall 3SS, are to aid height ve inches, har eight '0 feet of ween the space be- ix inches tial rails, with no from the pace be- e feet or pace be- ^ inches, ) have a roin the als that ■Y, ieeve. BY=LAV/ 344:, of the Municipal Council of the Corporation of the Township of London, passed March '20tli, 1893. To prevent the obstruction of stretims, creeks and water courses within the Township of London. Whereas, it is necessary and expedient to prevent the obstruction of streams, creeks and water courses in the said Township -by trees, timber, brushwood or other materials, and to provide for clearing away and removing such obstructions at th'^i expense of the oifenders or otherwise, and to levy the amount of such expense in the same manner as taxes are levied oii the party or parties refusing or neglecting to re- move such obstructions ; Be it therefore enacted by the Municipal Council of the Corpor- ation of the Township of London, under and by virtue of the Con- golidated Municipal Act, 1892. Isc. That from and after the passing of this By-law no person or per- sons shall obstruct or cause to be obstructea by trees, brushwood, timber or other materials, or permit such obstruction to remain in (on his or their place) any stream, creek or watercourse running through his or their land, but shall clear and remove, or cause to be cleared and re- moved from time to time, such obstructions as aforesaid. 2nd. That if any person or persons, through whose lands such creek, stream or watercourse runs, shoul .1 refuse or neglect to remove such obstructions as the law directs, then the Council of the Township mav cause such obstructions to be removed, and the expenses incurred shall be paid from, the Township funds to the party so removing such obstructions. ord. That the amount of the expenses incurred under the preceding section of this By-law, and paid from the Township funds to the party so removing suclr obstruction or obstructions, shall be placed on the Collector's Koll by the Township Clerk, and added to the ordinary taxes of the party or parties who so refused or neglected to remove such obstruction or obstructions, and collected by the Collector of the ward or division for the year in which such expenses were incurred. JAMES GRANT, Clerk. JOHN ABKAY, Reeve. 10 i » BY=LAW 345 of m M"^>^ja Council of tire Corporation of \u Tor.n,u„ of LomUn, pasmd March 20th. UOS. """"*'"" c.pal Act, 1892. ' °'' ^^ '^''t"« ^^ the Consolidated Muni- By-iat i^if ,Kr: T^cif.^^: '^'"^'^ "^"' ""^ ' said Tou-uship. ■^ ° "'" "' '"'S* ™ tl'e public highways of the i.;n.Sf ,Sh' rft"Lr;rr:,',T js;-' ^?™f 'p ^''-" p-i^e all such a„i,„als as ^^l.alfS: his iutrtor;",,^: "" '^f-''«P"'S of anyi;™4':%7d",;;e:™f::^ b1 :;;^ '""'^ i-"" '^'^ -^p-'-we &,. charge and l-eeoin,, Ss tl^oIh^Z,""*.""™"' " '""■»»'•' ""''er his property, and the o,™er of anviS '"""■"' ? "'"""'^ "■"'■<' '"•>* <-»" ■^aid Township shall be Ikblei 'mv IT^^'r '■"°;'"'*<'" '■'''S'' "> ">« according to the -^^ ^^^:^:Z^l^^tZ buii!oxJ':.rhrr;Tpi!'t 7"°""^ =^!"- >--• "-■«. s^wi- distrained fo'r n,I\vt, /Snn ."'"atT''""'' ^"T '"' °"'^'' l»»'"x' do.ng 'lamage,deIivered\oh*fo'tl?af ■„,?'■ ""' "'''^l"««i"« «nd resident within the Township wLh r . P P?'" ^y any perso.i owner of any poultry re", ses'oJp.^ttf"''""'"^ "'« *'"">^. " >' the trespassing or Ln, do „g !»;: 'af ! \' '°,.P'-<'^^"' "'e same frour served upon him of their tresoassl^te?,"""" '" '","'"S ''as boen may he brought before a,y ^0;,^ H P """<"• "f «'ch poultry as such .T„,tice may direct sSfl^ T '""=*' "'"^ «"«• ™ch sum "> direct, such ima not to exceed Five Dollars Toivnskip 51' the im- ? matters i^nship of on of the ed MuDi- vvitli this shall be ys of the provide eping of ible for ider his Iiis own ;e in the iinal or ing the 1 lence fences. :elding, 'oultry, ig and person ■ if the 5 from 5 been oultry I sum 11 6th. When the common pound of the Municipality or any of them in which an animal or animals have been impounded is not Si(Jure, the Poundkeeper may confine the animal or animals in any enclosed, , secure place within the limits of the Township. 7th The owner of any animal impounded shall at any time be entitled to his animal on demand made, therefor, without payment of any poundage fees, on giving satisfactory security to the lound- keeper for all costs, damages, and poundage fees that may be established against him, but the person distraining and impounding the animal shall at the time of such impounding deposit poundage tees, it such be demanded, and within twenty-four hours thereafter deliver to the Poundkeeper duplicate statements in writing of hiP demands against the owner for damajies (if any), not exceeding twenty dollars, done by such animal, exclusive of such poundage fees, and shall also give a written agreement (with a surety, if required by tlie Poundkeeper), in the fornffollowing, or in words to the same effect : — " I (or we, as the case may be), do hereby agree that I (or we) will pay to the owner of the (describing the animal) by me (A. B) this dav impounded, all costs to which the said owner may be put in case the distress by me the said A. B. proves to be illegal, or in case the claim for damages now put in by me the said A. iJ. tails to be established. Sth In case an animal be impounded, notices for the sale thereof shall be oiven by the Poundkeeper within forty-eight hours after- wards, but no single ^heep, pig or poultry shall be sold till after tour clear days nor any horse or other animal (or animals collectively, ol the value of at least $25, till alter twenty clear days from the time of imj'nunding the same. nth The notices of sale shall be written or printed, and shall be affixed and continued for tbee clear successive days m three public places in tlie Municipality,* and in case the animal impounded be a horse or other animal or animals, collectively, of the value of at least %-^-y the notices of sale shall be inserted at least twice in one ot_ the weekly papers published in the City of London, if possible, within five days from the time at which such horse or other animal or animals were impounded, if not sooner redeemed,. and such notices and advertisements shall specify the time and place at which the animal or animals will be publicly sold, if not sooner replevied or redeemed by the owner or some one on his behalf, paying the penalty imposed by law (if any), the amount of the damage (if any) claimed or decided to have been committed by the animal or animals to the property of the person who distrained it or them, together with the lawful fees and charges of the Poundkeeper, and also of the fence- viewers (if any), and the expenses of the animal's keeping. ■4^ ■ -'VJ Justice of thp Va. , "® recovered and pnf..,.^-^ °^ ^^^ j-ocn. It the owner nf f>io • , i^'^i^i-j. , «-«d "Pon wi,ieh the aoi JC:;S,t":-f J.™- 13 animals im- »•, during the ■^ or animals alue thereof, i attendance e recovered <[the Peace iJv'e manner -law of the >y a sinorle dererinine se fixed by 'eper's fees Y- roceedino's '61" herein- ' Justices been duly ive times him does ie of the iforesaid, animals Is to the aforesaid (if any), any), to by him i to the ^y-eight ^th and amages three ^'ner of Bs and within , view found doing damage, and determine whether the fence was a lawful one according to the By-law in that behalf, at the time of the trespass, and if it was a lawful fence, then they shall appraise the damages committed, and within twenty-four hours after having made the view, shall deliver to the Poundkeepera written statement, signed by at least two of them, of their appraisement, and of their lawful fees and charges. 17th. If the Fence vieweni decide that the fence was not a lawful one at the lime of the t^spass, they shall certify the same in writing under their bands and shall deliver such certificate together with a statement of their lawful fees to the Pouudkeeper, who shall upon pay- ment of all lawful fees and charges deliver such animal or animals to the owners if claimed before the sale thereof, but if not claimed, or if such fees and charges be not paid, the Poundkeeper after due notice as required by this By-law, shall sell the animal or animals in the manner hereinbefore mentioned at the time and place appointed in the notices. 18th. Any Fence-viewer neglecting his duty as arbitrator, as aforesaid, shall incur a penalty of two dollars, to be recovered for the use of the Municipality by summary proceedings before a Justice of the Peace, upon the complaint of the party aggrieved, or the Treasurer of the Municipality. 19th. In case any Poundkeeper who impounds any animal, as aforesaid, refuses or neglects to find, provide and supply the animal with good and sutticient food, water and shelter, as aforesaid, he shall for every day during which he so refuses or neglects, forfeit a sum of not less than one dollar nor more than four dollars. 20tli, Every fine and penalty imposed by this By-law may be recovered and enforced with costs by summary conviction under the Summary Convictions Act, before any Justice of the Peace having jurisdiction in the Municipality, and in default of payment the offender may be committed to the Common Jail of the County of Middlesex, there to be imprisoned for any time in the discretion of the convicting and committing Justice, nob exceeding fourteen days, unless such fine, penalty and costs, including the costs of committal, and of conveying the ollender to the said Jail be sooner paid. 21st, The following fees for impounding animals shall be paid to Poundkeepers in the Township of London, that is to say, for each Stallion, ot the age of one year and upwards, the sum of one dollar ; for each Bull, of the age of one year and upwards, seventy-fiva cents ; for each Boar, of the age of six months and upwards, seventy-five cents ; lor each Pam, of the age of four mor, .;. ■ and upwards, forty cents; for each Mare or (relding, fifty cents; for each head of neat 14 and attending animals impounderev [v pL'n'dk!:/""" '''«''°S any animal in the Towoshin «V,»ll h! T/T'"'™'P^'' 'mpoundinc charges, and no more that S to L f!! '^•° '"'"'? ""= "■^^''''4 horse of whatever clescrimi™ ,1,L? ' . '"''''>' ""<• ^'tending any neat cattle, twenty centner davC'r ""I' ''''^' '"' ""'''' ''"^'i "f for swine, ten cents each per dav^ fnt Lt'"^' "Vi ""•"' '""'' P" day ; -oh per day, and for adv^eTtW^' b;?:" erpnUic?:"!*^' T- "T Township, as aforesaid everv Pnnn^Llr Lfi^ ^^^ ^^^^'^ "' tjie of fifty cents, and for 'seS eae^t; rrr^".^' entitled to the sum cents, and for selling eac "head -Tf If' ^^^ ^^ °''^ '^"^«' ^^^rty cents, and for adverti.ine in anv t i V'^' ''''°' ^' P^^^^^^' fifteen of London, the actud Sfo^r ea^hinSo^" ^"'^^^'^' ^" ^^^ ^'^^^^ JAMES GliANT, Clerk. JOHN ABKAY, ■Reeve. 15 for each J'jg, ■nd for feeding r impounding the following attending any ' each liead of each per day ; Itry, five cents' ifiixed ill the ed to the sum t cattle, forty 'ultry, fifteen d in the City lBKAY, Reeve. BY=LAAV 346, of the Municipal Council of the Corporation of the Township of London, passed March 20th, 1893. Whereas, it is necessary for the suppression of Vice, Intemperance, Immorality, Sabbath-breaking, and other immoral or indecent acts, that they be prohibited within the Municipality of the Township of London ; Be it, therefore, enacted by the Municipal Council of the said Township of London, under and by virtue of the Consolidated Muni- cipal Act, 1892 :— 1st. That any person or persons in the said Township of London selling or giving any intoxicating drink to a child, or apprentice, or servant, being a minor, without the consent of his or her parent, master, or legal protector, shall for eacli such offence upon conviction thereof forfeit and pay a fine of not less than one dollar nor more than twenty dollars, with costs of prosecution. 2nd. That any person or persons who shall expose or post up in- decent placards, writings, or pictures, or write indecent or obscene words, or make indecent pictures, figures, or drawings on walls or fences in any highway or street, or in any other public place in the said Township, shall for each such offence forfeit and pay a fine of not less than one dollar nor more than five dollars, with costs of prosecution. 3rd. That any person or persons who shall be found in a state of intoxication, or be guilty of profane swearing, or of using obscene, blasphemous, or grossly insulting language, or who shall be guilty of other immorality or indecency in the said Township, shall for each such offence forfeit and pay a fine of not less than one dollar nor more than five dollars, with costs of prosecution. 4th. That any person or persons keeping a gambling house or other place in the said Township in which gambling is carried on, or allowed, or who are found guilty of gambling, or playing at cards, dice, or any other game of chance for money, or other valuable con- sideration whatever, at such gambling house or place, shall for each such offence forfeit and pay a fine of not less than one dollar nor more than twenty dollars with costs of prosecution, and any one 'or more of Her Majesty's Justices of the Peace having jurisdiction in the said Township, are hereby authorized on information to order any p ^^ t.'oyu,ga"t:foSub phnSt? " °"'""«^ ^--gin" or des costs of prosecution. *^^" '^enty dollars, with 9 th. house ;Si:i.';?"r t -"'^" p-; :: T'St --^> -acre „. 1»*-, Tl.at all complaints f" ?'""'"■''■""'' ™«'» °f l-osec„S saM T^ i""^' "^"^'ices of tbe Cf ? "^^ ""^ ™'' ""^ ""ore of sad iownsbipon the evidence of „! ''"""K ""^diction in tl^e lieeve. ■et-noir, Jtoulette ' gainbJing house of vagrancy or lout any visible tory account of y in any street, Jinbr each such Joilar nor more ndecent public •1' who shall be -ocy, or is in- for each such 'Har, nor more >und guilty of lie said Town- be obnoxious 'li offence for- >i'e than five aging or des- or ornament lie authority it and pay a lollars. with I'Jy house or d or abet in h place for ance of the of not less prosecution 3visions of 31" niore of tiou in the 3s. and in 31' want of e offender County of I AY, lieeve. 17 EXTRACTS From "All Act to make fiurtlier provm.oih- It shall be the duty of t\m «Jn,.,-f t supervision over all st eets hnp. "'^ ^"'Pf '^°''' *« ^^^^p a viaiJant which any such accumuht on n i ^"^T' ^°^^' «'' P^'emises ° 1, ^notify the parties who ow o'otrlucn ^ '^"''^' ^"^ «^ "" either personally or throuc^h thT^^ , ''' ^''^' "'' P^'emises, or who rnanurcrefuse. matter dirt'' or fiUh f'^^^^'^^^- l^<'^ve deposit dsnch cleanse the same, and o re^^le j, / "7 ''T\' ^^"«' ^'' by-way i shall forthwith remove the ZL Ind i^ thp" "'T' ^"^> P'^^ti s within wenty four hours after uch.L f •''"'"", ^" ""^ ^'^moved prosecute the parties so offend n'lj't"",' ^^^' ^"^P^^^or may be removed at the expense of fe Crl^^'o^n J, '''° ''^"'^^ ^^'« «^""^^ ^« shall also inspect at intervals ^l.lroT) ? ^T'''"' '^^ oWendini?. Jfe premises occupied by persons rS.H^-^ -'^'^ -"^"'""^ ^^ ^f^^alth all report to the iard L\ S": "^'i^r "-^J""«diction. and ii! visions of this Bv-law nvrf ^^^^y,^'^^^ of violation of anv of fl.P ,J of the public S,m ■a^dthdi^'i^'' '■"«"'""■'"« '»■■ "■" P,^' vaC permit i,im to make ,,«1, i'.t^ectt ''"' °"^'^ "«^ »' --"f"-! "" tl>aUt ^nera;^:';';t''PCrvati™ oM,^'' V? ""^ "^ "' '"««., abatement of anything danWrous t ' ° .''mP"?''",''^'''*. » for the they or he shall have receivedTL • P"?'"= '"e"'*, or whenever tant householders of tto'n^tnUX''?'".* ''m™' "' """' '"'^^M- buildmg ,n the municipality to K i^iu '"^ "'"= eondition of anv pubhc health, or that upo7a,;p;'™"Y„^ be dangerous to tl^ any foul or offensive ditch <>„»„ T "^^ '". ** '"umcipality there is ar kept or constructed so J to te d?'"' P"'>'' eesspooi:ashpit, m ce ! health, or that upon any such Bremt"™' " "'J""""' ^ th^ pubfe «re, oHal, fllth, refuse stCiant w "" ?<=«™''''"ion of dun^ ma„ so as to be dailgerous omS' ?'r'r °*5'' ."""'er, or thi,™%tnt' the Sanitary Inspector to Sr "uH, ^ ° ?""'• " '''"" ''e the duty of pose of e..amini'no th.slZ lit -^1^''^' "' P':!''"''<>^ tov thflv^. removal of such matter or thin" i, .f^°''T'>'' ''«> *all order the propnetor, or his lawful aoent or rem.efTf ""• . " "'^ °ecupant „? ^; «1 be subject to the penal^ '^ S^S^, ^-^s te.emenV«.^X«wifhri;nSrtir-"'»^"™'*^ place has become b/ reason ff Z tSr"^''*'' '^ " -l"^"!""- cleanliness, the existence therein of «„. °^ occupants, want Sf or other cause, unfit for such ^ " t" ™^«;°r °V"f'='="™'' ^^else or m any way dangerous to fhe hS,b If li' '"" ''ecome a nuisance pubhc, they may is°sue a noti in „i^„f,„t r™P™'^- "■ "f the "''"« '0 such occupants, or any of ft to keep a vigilant premises, u{)on »»«i, and at once premises, or who deposited snch le, or by-way, to 5n; such parties •e not removed Iiixpector may use the same to ofJ'ending. jfe d of Health, all ction, and shall 'iny of the pro- he preservation ' of refusal to ^ of its officers, alth, or for the . or whenever r more inhabi- idition of any gerous to the >ality there is ashpit, or cel- 5 to the public ofdung, man- tbing. is kept ' the duty of s for the pur- all order the occupant, or large or con- notice from such matter ate the same, 1 J8 of this cellar, room, a dwellina- ts, want of ous disease, a nuisance, or of the is, or any of 19 them, requiring the said premises to be put in proper sanitary con- dition, or if they see tit, requiring the occupants to quit the premises within such time as the Board may deem reasonable. If the persons so notified, or any of them neglect or refuse to comply with the terms of the notice, every person so offending shall be liable to the penalties imposed by section 18 of this by-law, and the Board may cause the premises to be properly cleansed at the expense of the owners or occupants, or may remove the occupants forcibly and close up the premi.^es, and the same shall not again be occupied as a dwellingplace until put into proper sanitary condition. H. No proprietor or tenant of any shop, house or outhouse, shall, nor shall any butcher or other person, use any such house, shop or outhouse at any time as a slaughter-house or for the purpose of slaughtering any animals therein, unless such shop, house or outhouse be distant not less than 200 yards from any dwelling-house and distant not less than seventy yards from any public street. 9. All slaughter-houses within this municipality shall be subject to regular inspection under the direction of the Board of Health ; and no person cliall keep any slaughter-house unless the permission in writing of the Board for the keeping of such slaughter-house has been, first obtained, and remains unrevoked. Such permission shall be granted after approval of such premises upon inspection, subject to the condition that the said houses shall be so kept as not to impair the health of persons residing in their vicinity, and upon such condition being broken the said permission may be revoked by the Board ; and all animals to be slaughtered, and all fresh meat exposed for sale in this municipality shall be subject to like inspection. 10. All milch cows and cow byres and all dairies or other places in which milk is sold or kept for general use, and all cheese factories and creameries shall be subject to regular inspection under the direc- tion of the said Board ; and the proprietors shall be required to obtain permission in writing from the Board, to keep such dairy or other place in which milk is sold or kept as aforesaid, or to keep a cheese factory or creamery, and the same shall not be kept by anyone without such permission, which shall be granted after approval of such premises upon inspection, subject to the condition that all such places as aforesaid are so kept and conducted that the milk shall not contain any matter or thing liable to produce disease eithei by reason of adulteration, contamination with sewage, absorption of disease germs, infection of cows, or any other generally recognized cause, and upon such condition being broken the said permission may be revoked by the Board. 11. No persons shall offer for sale as food within this municipality ■duy diseased animal, or any meat, fish, fruit, vegetables, milk, or other 20 ^nu^Xt t^Z'^lZZ^i^jy '-- within t..i. supply of wholesome '« »""r^i and wholesome, then the e. petes i"^^^ '^ '^1 ?fl''^ ''^ «"«'«'«"t be paid by the said occunn, . '"^ident to such determination shall be paid b,' the owLrS n ith";'!' ■'n''"^ ''. ''f' ^''^" ^^^^ «hlll coverable in the same manner aTm^.'^el^dtaS ^'""^"^ '^'"" '« '•^- welll1;rf^,wt';i^tr:Sbe!^ "''S' ''%'"' "^«' ^^^^J- -ch -ruly in eich year, and iase ho Hno'j'^r T ^'!''' '^'^ ^'' '^^^y ^f well should be fi led u g ,ch wp] I if.^'l^'^^' ""''^'^^^ that any the owner of the prenZ's '^''" ^' ^''^^'''''^^ «"«J "P by sewl^ -d S:St:^tiS\^,7;l^^^^ ^ ''' ^^«P-^ ^^ son or persons violating o r^ lie't'^n^^^^ regulations shall be liable to the fine. n,l"^ u ^ ''"'^ '"'^^ '^^"^^ 18 of this By-law. "^^ ""'' penalties imposed by section details of such estabh^hl tin '/ '"'/'' established until the obtained the approval rmTt^^. of the'v r'^" ^"^'"""ed to and shall, from time to time deteSe L>h h ' '""^ ^'''^^^' ^^'''' ^^o the method of disposal of ex^awair'^^^^^^^^ adopted within the district. ' ^^ """"^ ''^^'^'' ''efuse. to be sur^oflli^^Srtn^^ ^ t^; ^^thout a vault below the earth, wood-ashes or coal-lheST, nh n, ?"? ^> but sufficient dry deposit must be throwruportLl.tl 'f" ''\' ^"^^1 ^'"'^ '^ ^^e presses . W .ee a yel!! on ^l^^^^ ^^ ^ ^"^ ^he require that pr v^vauk^^^^^^^^^ circumstances of the municipality accordance wi?h Rur LT ranU el.'^r'r'^: '^^f ^^ ^"^^^^ i^ on or before the fifteen hdL of M^f^^^ '"-' ""'" ^ ^'^'• MaytothefirstdayofXvtmberin'Z'.r ^T ^^? "^^^^"^^^ ^aj of disinfected by adding to tho consents oftr"' u^ '^''^^ ^' thoroughly once a month, not fess L^Tloln^u^ solved in two pailfuls of w...; ^^ S^ISSL^I^^^^'^ '^^- 1 21 loii, iinpurily, or ouae within this Jiio a suflicient he occufmnt or the vvholesoine- >Iy to the Board I'ly he aiifHcient inniimtion shall then they shall ges shall he re- ', whether such the 1st day of rtlHes that any 'h filled up by the disposal of ^ and any per- aid rules and Qsed by section which a privy, shed until the litted to and h Officer, who of the Board, refuse, to be lult below the sufficient dry parts of the 1 privies and oset must be ved from the f May. municipality e allowed in ' once a year, eenth day of e thoroughly or reservoir, copper, dis- mt. RULK 4.— Within the limits of this municipality no ni;iht-s()il or sly deodorized hteiits of )1 ^hall be re I (1 unlet % cesspool Mhaii oe removed unless previousl as above, and duriii'j; its transportation the material sliall be covered with a layer of fresii earth, except the removal shall luivc been by some " Odorless Excavating Process." llULE 5. — All putrid and decaying animal or vegetable matter must be removed from nil cellars, buildings, out-buildingg and yards on or before the fifteenth day of May in each year. Rule 6. — Kvery householder and every hotel and restaurant- keeper or other person shall dispos(! of all garbage, for the disposal of which he is responsible, cither by burning the same or by i)lacing it in a proper covered receptacle for swill and house otial, the contents of which shall, between the fifteenth day of ^lay and the first day of November, be regularly removed as often as twice a week. KuLK 7 -Between the fifteenth day of May and the first day of November, no hog shall be kept within the limits of this municipality, except in pens seventy feet from any house, with floors kept free from standing water and regularly cleansed and disinfected. RuLK 8. — The keeper of every livery or other stable shall keep his stable and stable-yard clean, and shall not permit, between the fifteenth day of May and the first day of November, more than two waggon-loads of m.'inure to accumulate in or near the same at any one time, except by permission of the Board of Health. If). The following regulations regarding the construction of houses, shall be in force within this municipality : — Rule 1. — No house shall be built in or upon any site, the soil of which has been made up of any refuse, unless such soil shall have been removed from such site, and the site disinfected ; or unless the said soil shall have been covered with a layer of charcoal, covered by a layer of concrete at least six inches thick, and of such additional thickness as may be requisite under the circumstances to prevent the escape of gases into such proposed house. Rule 2. — The drain of every house which may be connected with a sewer ^r cesspool shall be ventilated by means of a pipe extending apward irom the highest point of the main soil or waste-pipe, and also by a pipe carried npward from the drain outside the walls of the house. These pipes shall be of the same dimensions as the said main soil or waste-pipe, and shrdl be constructed of the same material or of stout galvanized iron, and no trap shall intervene between the said ventilating pipes. In case a trap shall intervene between the sewer or cess-pool, and the ventilating pipes already described, then a four-inch ventilating pipe of the s.ame material, as above described, M I I 22 such vtSng p?p'S,^ghSpt*'^'!? T'^ '^^P ^°^ the sewer. AH and shall open a£vTa pit suZ /^^ ''^^ ^^°^ '^ '^' «^id hoi^e door, sky-light, chimne7c^ o Lr o^eS '"^^>^ ^"^^«^ pipe carrying air or cas fmm n.!. ^ ^ ^^^^'""S ^"^^ ^ny house. No with any chWy in^? ^Xnlht^ u^Lf T ^^^''^e connect chimney used exclusively fov /iVr ' i^^^ *^^ «'^"ie be a fiirnace or c?m*n. '^y ^'' ^^'^ Purpose o/ ventilating such soilptpe earthe™^7r^;o7pipr'^^^^^^^^^ «^all be ,„3tructed of vitrified rendered impervious ??gas or liS T^ - '^/l^^^ P^P^' '^ --» P^e lead and caulked, or of lead L^ '• ^u • J°'"<^' ^^^^^of being run with square foot; and^he wast'^f ^ f^^^^^^^^^ j^^^t six pou^nds to the basin, safe or other service sffh.r ^^ '^°'"^' ''''^' ^^b, wash! of junction with such servW « ?! ""' "^""^ ^« °^a>^ be to the point that it shall at no^ t^eXw^e ^^a^of ^^"^-^^ ^"^ ^"^ AH^omts shall he so constructed t t^nt^? rpi^i^^- whicT^^ltSow^^^^^^^^ or other convenience has been confined in any parfof 1i or from fl. ^^"■•'' ^^' ^^^^^ ^as hereby prohibited. ^ i' oi ic oi trom the dram or soil pipe, is any-lr».'-''°"^"«'-'»--'-haU be allowed to connect with «nn!™LlUe'tnaVrw'ilftl"t: f ","^ '° " ^'"-'''-f <>' purposes. "" ""^ P'P« supplying water for drinking shairwf.h7twrwerks° 7^.°' °^T'° ^' '''"^'i' »»y bnildin. Eegistry Office of he Ee« L v nTv"^ "'"''°''' ""f"''' ■» ^f situated, plans of the draSe and^ 7-' "' 7'''<='' «« building fe and in the case of any X.Siou , f ' ? .'^^ '"""= ^ <""""^^'^i shall be the duty of the o™ ™f theToZ '^ m""'-* "' drainage it making of the alteration, to depo i h hel' '" '*" *'=^'« "f "« record of any such alteration ;T,ch a LT' ""'"'"'. "«' P'™ and It shall be the duty of tlie (,.„,,► ."""ation is made by a tenant deposited the pbnVnd tord'oTs'u", 'ZZil'''"''' "' «"- '""e BoaJ"o"^lle;itM",,^*ltntchtS>1 ^^-'-^ of the Local within this ninnicipality.'with ^a^forrst ' St"- StlSI 1 the sewer. All of the said house, m every window' > any house, nJ hall be connected tme be a furnace ig such soil-pipe ted of vitrified ipe, of iron pipe F being run with [ pounds to the ink, tub, wash- be to the point i and furnished, to such house.' iaping through r convenience gas which has »r soil pipe, is connect with iter-closet or ' for drinkinff any building posit in the ouilding is IS executed ; drainage, it veeks of the '6 plan and jy a tenant, cause to be ectious and the Local practising ort to the 23 said Medical Health Officer [or Secretary] any case of diphtheria, small- pox, scarlet fever, cholera, typhoid fever, measles, whooping-cough or other disease dangerous to the public health ; and, also, with other blank forms on which to report death or recovery from any such disease. EuLE 2. — All such forms shall be so printed, gummed and folded that they may be readily sealed, without the use of any envelope, so as to keep them from perusal until opened by the Medical Health Officer [or Secretary]. EuLE 3. — Said blanks shall be in accordance with the following forms : — Report of Infectious Disease. Christian name and surname of patient : Age of patient : Locality (giving street, number of house or lot), where patient is : Name of disease : Fame of school attended by children from that house : Measures employed for isolation and disinfection : (Signature of physician) : Report of Death or Recovery from Infectious Disease. Christian name and surname of patient : Localitv (giving street, number of house or lot), where patient is : Name of disease : How long sick : Whether dead or recovered. Means of disinfection employed, and when employed : (Signature of physician) : EuLE 4. — The Medical Health Officer [or Secretary], within six hours after he shall have received a notice of the existence of scarlet fever, diphtheria, small-pox, cholera, or whooping-cough, in any house, shall affix or caused to be affixed by the head of the household, ov by some other person, near the entrance of such house a card at least nine inches wide and twelve inches long, stating that such disease exists in the said house, and stating the penalty for removal of such card with- out the permission of the Medical Health Officer or Board of Health. EuLE 5. — No person shall remove such card without the per- mission of the Board of Health or one of its officers. 24 diseSue\o"g^^^^^^ - infectious or contagious permission of the Board of HeaUh "^^nicipality, excep°t by }a % ^ '^'^^^^^::Z:7l^f l '-''-' ^^^^ By- h„ \-'n '^^'^ ''''^' off'ence to a penal tv n .' '''^^°" ^^' «^^" be than $oO in the discretion of tl.e^ co„Xh " t^''' ^^^" ^^ »«^ ^o^e besides costs, which may also be nfl cted ?/ f """''''' ^' Magistrate, Magistrate see fit to impose the sTmT I "'^ committing Justices or other provision of this By-law shall bl liiV T'''' ^'^° ^^^'^^^^ ^"7 '-^ penalty not exceeding S20 in tL f ?' "''''^'^ '"^^^ o^ence to 'Justices or Magistrate, bedside; cots whint'''''^°'; °^ ^^« convicting convicting Justices or Magistrate 'fit ""'^ ^^'\^' ^"^^^'^^^ iftbe such penalty may be recoverpd hv '"^ '""P^"^ *be same. Everv - a Police Magltrate hS YuiSc?r'°" '''^" ^"^ ^^^ ^^^ shall be levied by distress and sat of "thl" '"!, "^"TPality, and the oflender, with the costs of s. nh f f ^°°f' ^°^ chattels of under the hands and sea of the Tushv'''' ""1 ^"^^' ^-^ ^^^rant of the Pohce Magistrate, before ihl\^' ^'"""^ ^°^ ^^^^ or under the hands mid seals of n,.vf, ^^^ ''^°^^ ^re recovered diction in the Municipality l^P f)^\ ^'^° ^^^^^^^es havin. furis said Justices or MagSl^mr/c'niS^ V^'l^^'^''' ''^^^^^ Jail or to any lock-up or House of CWri °^'",'^'' '^ ^^^ Common for any time not exceeding fourteti d ;? °^^ ^^'' ^^^^ municipality unless the amount imposed be sooner pa^^'^ '' ^^^'^°«^ ^^^'^ 'aboif ^ , SCHEDULE B By-law Number 227, intituled "A Bvhw . .• Health B^^law^^' '"^"'"^" "^^ ^^^lic Whereas it is evnpi^mnf f^ of the By-law appenS to the So llXfr^'' "' *e provisions same are in forco i„ this muntiHity ; '^''''' '**''• =° '^" "= '!>« of L^doa "■^'°" ^"^^'^^ "^ "- Mulicipal Council of the Township !■ Section 8 is hereby repealed. ' --- '•' 1 »!?""" "^ "■" P'-O'i'ions of the ■•> force in this municipality ;"° """"' ^'"^ "> '" "^ the same Se «on!'f ilfr^^hrofCUtSrl^--^' - ">^ Oorpo.. 1. That section 9 of thp «.n-ri tj i sinking out of the same the w^follni"^^^^ ^^ended by Such permission shall be araS af?!^ '^' f ^. ^"^"^^^"^ unrevoked inspection, subject to the coSio^^^^^^^^^^ ^PP^oval of such premises upon as uot to impair the health of thp' ^^'' '"^^ ^°^«e« shall be so kep" and. upon such conditioifbeinabroJ!^ ''f^S in their vicin ty voked by the Board." ^ ^'°^'"' ^^^ «aid permission may be rZ and the follo;inVslSrd Iherefo"!"' ^^'"^^^ ^'^ ^^-^y repealed ^o:^ I f^^'Xnt ^^^ day of May and the first day of mun^cpality, except in pens s? wv /? 7'^^"' '^'' ^^"""^^ of ml (other than a dwelling Ce owup f ^'°^" ^"^ ^^^^^ng house persons, firm or corponuiou keepi^f 1T, °''"P^^'^ ^^ ^he pe?sorjr the servants or workpponip nfTl^ ''°^'' °' ^^^ed or occupied hv public highway. wiK W t^ W 't'^"? °^ -Porati"n?ofan^ ^^^ansed." '^®P^ ^^^e from standmg water and regularly 3. This By-law shall go into force forthwith JAMES GEAiVT ■Reeve. 27 An Act respecting Line Fences. &aUh By-law." provisions of the tr as the same are I of the Corpora- 3by amended by nains unrevoked. 3h premises upon s shall be so kept in their vicinity ssion may be re- hereby repealed the first day of 3 limits of this dwelling house the person or or occupied by 'Oration) or any r and regularly ill the year of I. ABRAY, Reeve. i HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. This Act may be cited as " The Line Fences Act" II. S. O. 1877, c. 198, s. 1. 2. — (1) In this Act the expression " occupied lands " shall not include so much of a lot, parcel or farm as is unenclosed, although a part of such lot, parcel or farm is enclosed and in actual use and occupation. 41 V. c. 10, s. 1, (2) Where, within the meaning of section 4 of this Act, there is any dispute between owners or occupants of lands situate in different municipalities, the following words or expreaeions in this Act shall have the meaning hereinafter expressed, namely : 1. The phrase " Fence-viewers " shall mean two fence-viewers of the municipality in which is situate the land of the owner or occupant notified under sub-section 1 of section 4 of this Act, and one fence- viewer of the municipality in which is situate the land of the party or person giving the notice ; except that in case of a disagreement having occuried within the meaning of sub-section 4 of section 4, the said phrase " Fence-viewers " shall mean fence-viewers from either or both municipalities. 2. The expression " in which the lands are situate " and the expression " in which the laud lies," shall respectively mean in which are situate the lands of the owner or occupant so notified under sub-section 1 of section 4. 47 V. c. 42, s. 1. '^. Owners of occupied adjoining lands shall make, keep up, and repair a just proportion of the fence which mavKs the boundary between them, or if there is no fence they shall so make, keep up, and repair the same proportion which is to mark such boundary ; and owners of unoccupied lands which adjoin occupied lands shall, upon their being occupied, be liable to the duty of keeping up and repairing such proportion, and in that respect shall be in the same position as if their land had been occupied at the time of the original fencing, and shall be li.ible to the compulsory proceedings iiereinalter mentioned. R. S. O. 1877, c. 198, s. 2. ^mi 28 occ„pa,?^rtrr„d"'oY.h:'"^ '''°™ v *" o*"' "-"^^ °' ae les, than one week from the ter^/' f '" k" ™""'=''' "'»' '"' ^"". "»t viewers of the ^o^J^^Zr^^^' ^^^ *- f-- abode of such owrl o7occu 1^^^ ^I, ^'''^'°° '^^^ ''"'''' ^' ^^^ Pla°ce of thereat; or 1^0! e of 2 '-^ ' '""'' ^'""^"'"^ ^''''°" ''^^"^- notice .;ith a;;;:::„fof ruch'otner:"° "^'"""^^'' '^ ^^^^"^« ^'-^ hereinafter meSnS Si Ime X 1 ''^^".^«^"^-^^' /^e Judge arbitrate. R. S. 0. 1877 c 198 ™ 3. ^''""^■^^^^^^'^ ^^o are to 5 An occupant,- not the- owner of land notifip.l in fK above mentioned shall immarij^f^r :^ notiHed m the manner neglects so toT^haU be Sip ^^ ^l T'^^^ '^' "^"^^•' ^"^ ^^ he su?h neglect, t SO 1877 1 Q.'" f"^'^' ''""''^ '' ^^e owner by by ';hSp^S:;rSt!i!:;r"' «- premises, and if required the parties and thl ^.e s s o^^ S""^r '""'^''''''^ to examine administer an oath or affirmSn for n^^^ ^°^ one of them may E. S. 0. 1877, c 198. s 5 ^'"'P°'' ^' "^ ^°^^^<^« «^" l^w. writts^i^„Jd'V"nrtT?f tl'^^ ""'" "' ^"^^-^ ^^-'- ••^) - disput? ; which awaTshaH .ni- ;".' 'f^'^^^'S the matters so in and the owest pS of tt fe p 1 ^''f'{' ^^^^^^ity. description, within which ifew^H s alf be dol°f f ^n^' -'""?^'""^ ^^e time said parties the e^° s of tl p 1^^^%^^^ ^^ich of the mtiLfVetncfs in'usrinl'^ ^^^^-^ers shall regard the of the persons betvveen whom tlf ^ ^' ?f P^^^'^^^^T ^i^'cumstances suitableLs of tll^SUlS t^t ^^S'e^il^p— ^' ^'^ (3) Where, from the formation of the crouud bv i-P:,«nn ^r f Bet«cc.. .he i„.ue3, it shall be lawful for the tenoe-viiwers to" i ? such proportion, ler owner or the 1, that he will, not :ause three fence- rm 2) tile fence- are required. g, signed by the e of meeting for le at the place of p person residing by leaving the ect to any or all ment, the Judge ers who are to in the manner 'ner; and if he to the owner by and if required fized to examine 3 of them may Courts of law. i (Form :]) in matters so in ity, description, i, and the time '_ which of the tid, or in .what ill_ regard the ' circumstances generally, the arty. son of streams nee upon the ncc- viewers to 29 locate the said fence either wholly or partially on the land of either of the said parties, where to them it seems to be most convenient ; but , such location shall not in any way affect the title to the land. (4) If necessary, the fence-viewers may employ a provincial land surveyor, and have the locality described by metes and bounds. K. S. 0."l877, c. 198, s. 6. 8. The award shall be deposited in the office of the clerk of the council of the municipality in which the lands are situate, and shall be an official document, and may be given in evidence in any legal pro- ceeding by certified copy, as are other official documents ; and notice of its being made shall be given to all parties interested. R. S. 0. 1877, c. 198, s. 7. 9. The award may be enforced as follows : The person desiring to enforce it shall serve upon the owner or occupant of the adjoining lands a notice in writing, requiring him to obey the award, and if the award is not obeyed within one month after service of the notice, the person so desiring to enforce it may do the work which the award 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 the Division Court may on application of either party, extend the time for making the fence to such time as lie may think just. R. S. 0. 1877, c. 198, s. 8. 10. — Cl) The award shall constitute a lien and charge upon the lands respecting which it is made, when it is registered in the registry office of the registry division in which the lands are. (2) Such registration may be in duplicate or by copy, proved by affidavit of a witness to the original, or otherwise, as in the case of any deed which is within the meaning of Tlie Registry Act. R. S. 0. 1877, c. 198, s. 9. 1 1. (1) The fence-viewers shall be entitled to receive $2 each for every day's work under this Act: Provincial land surveyors and witnesses" shall be entitled to the same compensation as if they were subpcenaed in any Division Court. R. S. 0. 1877, c. 198, s. 10. (2) The municipality may at the expiration of the time for appeal, or after appeal, as the case may be, pay to the fence- viewers their fees, and shall, unless the same be forthwith repaid by the person awarded or adjudged to pay the same place the amount upon the collector's roll a sa charge against the person awarded or adjudged to pay the same, and the same shall thereafter be placed upon the collector's roll and may be collected as ordinary municipal taxes. 52 V. c. 48, s. 1. 12, Any person dissatisfied with the award made, may appeal therefrom to the Judge of the County Court of the county in which 80 the fends are situate, and the proceedings on the apj^a, shall he as inteLt?d!aToJt1„tfcAr M 'r'T^^''' ™'' »» ■-■'- week from the time he ha teen ni ih>H f T. '° "PP^"'' "**° <""' may he served as other nSet' meS^ t tt ir"' ^"''^ """^^ eIerk-oJtLZtonctn'LfThe''d""'''™P'',.°f*^ ™«- '» the the elerk shall imm diately not fy the S '" 7^''l *e land lies, and on the Judge shall appoint a ?ime fZ ,l.\ '"* fPP*^"'' "''«e<'P- thinks fit, orier such sum of m"nev tL t ^^"S thereof, and, if he -d c« ., .„, ^ , =uffleL"r,U;!;;SntL'l^Trarpetr appeal.'an:irrmtir tle'^trtrtte^'r/""' l''^ ^f"*'' "^ «« ' fence-viewers and all parties iSestedi^ f ' *'"' '''f """'y ">e provded for the service'of othi Ifes 'u'^d ^ai'sTct"' '"^""'*''°™ alter^rrm^fhf awar7e:™ct'rr; '"^ "r""' "»" -' -««■ examine parties and witoesses on^^Sf anTift'""' T" '>'' """y inspeet the premises; and may order mtme,^ i, ! T ? ^ ■='■ """y and iix the amount of such ooste ^^'^""^ "' ''"^ts by either party, flrmed,!i:ifb1talf:iul7„lt;esT'.'''^ '™^"'' ^ ^ ""^^ <-' ™- had not been appealed from ''P"='' "' " "">«" "-ave been if it payawJt^su^;ara„7S'S:rt„'''P^1' '"""■*"=" "'^ '^^ the same, as nearly as may be as"„ the ™ I ^f *■"''''*'■ ^'"'" ^ Court. It. S. 0. 1877, c. W^'s n ^'^ °' " ™'t m the Division 13. Any agreement in writina (Torm 41 hetw^„„ such line fence mav be filed or reS.tai? *) between owners respecting award of fence-viewers R & 0*1877 0.198'"™ "^ " " ™' "' whiMs ptrort?eln'ce%^Sin°:'ro°'' ^ ^^ '» » "^ ^nce of_^an.her pe.on, shall not takTS t' ^ZZ'^^^-^ ^ ^^! 31 5peal shall be as srs, and all parties 3peal, within one trd, which notice le notice to the he land lies, and ippeal, whereup- lereof, and, if he appellant to the s of the appeal ! hearing of the shall notify the ler hereinbefore . and set aside, n, and he may pleases, may by either party, altered or con- ave been if it iding the fees 3sses, shall be a the Division lers respecting 3 if it was an I or line fence aaproved land part of such aotice of his It enclosure ; cupier after ner of such Qed as pro- (c) Nor if such owner or occupier will pay to the owner of such fence or of any part thereof, such sums as the fence-viewers may award to be paid therefor under section 7 of this Act. (2) The provisions of this Act relating to the mode of determining disputes between 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 as applicable, shall apply to proceedings under this section. R. S. 0. 1877, c. lt)8, s. 13. 15, — (1) If any tree is thrown down, by accident or otherwise, across a line or division fence, or in any way in and upon the property adjoining that upon which such tree stood, thereby causing damaj^e to the crop upon such property or to such fence, it shall be the duty of H the proprietor or occupant of the premises on which such tree thereto- fore stood, to remove the same forthwith, and also forthwith to repair the fence, and otherwise to make good any damage caused by the falling of such tree. (2) On his neglect or refusal so to do for forty- eight hours after notice in writing to remove 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 also recover any further amount of damages beyond the value of such tree, from the party liable to pay it under this Act. (3) For the purposes of 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 so doing. (4) All disputes arising between parties relative to this section, and for the collection and recovery of all or any sums cf money becoming due thereunder, shall be adjusted by three fence-viewers of the municipality, two of whom shall agree. R. S. 0. 1877, c. 198, s. li 16. The forms in the schedule hereto are to guide the parties, being varied according to circumstances. 11. S. 0. 1877, c. 198, s. 15. SCHEDULE OF FORMS. FORM 1. (Section Jf.) NOTICE TO OPPOSITE PARTY. Take notice, that Mr. , Mr. , and Mr. fence- viewers of this locality, will attend on the day of , three, 32 18 , at the hour of f ■ j in dispute between our propertierteZ l",?'/™'' "P"" ""* ""« fe-"^" ^r '" *« co„eey„ orL^z-Lt;:,-- :^if r-™^ Bated this day of ,13 A.B., To C. i)., Owner of Lot 1. Owner of Lot 2. K. a 0. 18 77, c. 198, Sched. Form 1. FOEM 2. C Section 4.) NOTICE TO FENCE-VIEWERS. Take notice, that I reouirp vn„ f^ ,.4. , day of , A. D. 38 ^at ^ v l '"^ ^^ °" ^he trate on the line fence bet'ween mv Jll.t ^' f'!""" ""'^"^ '^"^ arbi- being lots {or parts of lotsTS, nl ^ K^^ ^"^ '^'»t of Mr. of the township of ^'^^'^^fthe^c^ .:;^;^of^^ ''" ^^^^ -cession Dated this day of .18 ,p Q p,' ,,, Owner of Lot 1. ■-If-S. 0. c. 198,^cAedForm2. FORM 3. (Section 7.) AWARD. ^oJ^i^lo1^:t:^^^^^^^ having been r^ic^m. md descHption ofZZwJn J'r^?^ ^'''''''' of description of owlr noMr^liJ^Vc^^^^^^^^ -nd (name and tamed hetwee^ (descHhe properties' 1^^^^^ ^° ^' "'^^^ ^°d main- and duly acted according to ^^^111^?? f ""^^"^^ ^^^ F^mises That part of the said line whir commpn'/'^°/'^''^ "^^°^^^ (describe the points) shall be fenced TdTp f ""^ ^"^ «"d« at said and that part thereof which com m'' "maintained by the at (descHhe ths points) shall be In d Td Xf ' "' • ""^ ^"^« the said . The fence shall hr'ff'i^,, ^^°^^ maintained bv the kind offence, height, mS^lal'l ! ^°"°^"g description (stale per rod. The work sLlirSete^d wtht" '''''' ''''' Pleted within days ^0. this ^^^ ..^ts ^C^t ! ■IB '4 / i 1: 83 (state by whom paid ; if by both, in what propoHion). Dated this day of , 18 . (Signatures of Fence-viewer a. ) R. S. 0. 1877, c. 198, Sched. Form 3. FOIIIVI 4. (Section l6'.) AGREEMENT. We, and , owners respectively of lots (or parts of lots) One and 2\vo in the concession of the township of , in the connty of , do agree that the line fence which divides our said properties shall be made and maintained by us as follows : (follow the same form as award.) Dated this day of 18 . (Signatures of Parties.) R S. 0. 1877, c. 198, Sched.^Fovm 4. An Act to amend the Line Fences Act. H [Assented to fiSrd March, 1889. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. — Section 11 of The Line Fences Act is amended by adding the following subsection thereto : (2) The municipality may at the expiration of the time for appeal, or after appeal, as the case may be, pay to the fence- viewers their fees, and shall, unless the same be forthwith repaid by the person awarded or adjudged to pay the same place the amount upon the collector's roll as a charge against the person awarded or adjudged to pay the same, and the same shall thereafter be placed upon the collector's roll and may be collected as ordinary municipal taxes. i 85 An Act Respecting Ditches and Watercourses. H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1.— This Act may be cited as " The Ditcliea or Watercoursea Act." 46 V. c. 27, s. 1. 3.__(1) Every municipal council shall name and appoint by by • law an engineer to cany out th«} provisions of this Act, and such engineer shall be and continue an officer of such corporation until his appointment is repealed by by-law and another engineer appointed in his stead, who shall have authority as well to take as to continue any proceeding already commenced under this Act. (2) The word "engineer" in this -Act ?hall mean civil engineer,, land surveyor, or such person as any municipality may deem com- petent to perform the duties required under this Act. 46 V. c. 27, ss. 4, 21. 3. This Act shall not affect the Acts relating to municipal or government drainage. 46 V. c. 27, s. 2. 4. — (1) In case of owners of lands, (h) whether immediately ad- joining or not, which would be benefitted by making a ditch or drain, or by deepening or widening a ditch or drain already made in a natural watercourse, or by making, deepening or widening a ditch or drain for the purpose of taking off surplus water or in order to enable the owners or occupiers thereof the better to cultivate or use the same, such several owners shall open and make, deepen or widen a just and fair proportion of such ditch or drain according to their several in- terests in the construction of the same ; and such ditches or drains shall be kept and maintained so opened, 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 of altered circumstances the engineer hereinafter named otherwise directs which he is hereby empowered to do upon application of any party interested in the same form and manner as is hereinafter prescribed in respect of the original opening, deepening or widening ; and in case the engineer finds no good reason for such application all costs caused thereby shall be borne by the applicant, and shall be collected as in this Act provided. 46 V. c. 27, s. 3. (2) Every such ditch or drain shall be continued to a proper outlet, so that no lands, unless with the consent of the owner thereof, will be 86 overflowed or flooded through or by the construction of any such ditch or drain, and it shall be lawful to construct such ditch or drain through one or any number of lots until the proper outlet is reached. 47 V. c. 43, s. ]. (3) Such consent shall be in writing, and signed by the party con- senting, and shall be filed with the clerk of the municipality, with the award, and may be recited or referred to therein. (4) If after a ditch or drain has been constructed under the provisions of this Act, and in case any owner whose duty it is to maintain and keep m repair any portion of such ditch or drain neglects to keep such portion in a proper state of repair, any one of the owners who is liable for maintaining and keeping in repair any portion of such ditch or drain may in writing notify the owner who neglects to keeo his portion of such ditch or drain in a proper state of repair, to have the same put in such repair, and to have the same completed within thirty days from the receipt of such notice. (5) The owner who serves, the notice may, if the work has not been performed at the expiry of the thirty days, make application to the council of the municipality to have the repairs carried out and completed. (6) The council shall when such application is made, orde) an examination of such portion of the ditch or drain as is complained of, to be made by the engineer of the municipality or by some other person to be appointed by the council, and who may be called the " Inspector of drains and ditches." The inspection shall be made not later tlian twelve days from the time of the ordering the same, and the engineer or inspector as the case may be, shall within twelve days after making the inspection, file with the clerk of the municipality a certificate, stating whether the complaint is well founded or not, and wherein the ditch or drain requires repairing. (7) If the engineer or inspector (as the case may be) certifies that the complaint is well founded, then in such case the council shall order him to proceed and let the work as provided in section 15, for re-letting work, u.J.ess the owner has himself in the meantime completed such repairs in accordance with the report or certificate of the engineer or inspector. The provisions of sections IG and 18 shall apply as to inspection and payment of engineer's or inspector's fees and costs of work, and the council may by by-law fix the remuneration of the inspector during the time he may be engaged in the performance of any duties under this Act. A member of the council shall not be appointed inspector. (8) If the engineer or inspector decides that the complaint is not well founded, then in such case the party making th& complaint shall .X any sucli ditch drain through ached. 47 V. the party con- ality, with the the provisions itain and keep to keep such iwners who is of such ditch ;ts to keep his ir, to have the 1 within thirty work has not apphcation to rried out and ide, orde)" an lomplained of, y some other be called the I be made not same, and the twelve days lunicipality a d or not, and I certifies that cil shall order , for re-letting mpleted such 3 engineer or apply as to and costs of ration of the irformance of shall not be iplaint is not mplaint shall f pay the fees of the engineer or inspector, as the case may be, and if not paid by him they shall be paid and charged as provided in section 18. (9) Any owner or party interested under proceedings taken under or by irtue of the preceding six sub-sections shall have the right of appeal as provided by this Act, where the amount involved exceeds the sum of $20. 50 V. c. 37, s. 1. 5. In case of dispute between owners respecting such proportions, any owner shall, befor'^. filiuL' with the clerk of the municipality the requisition provided for in section 6 of this Act (Form C or to the like effect), serve upon the other owners or occupants of the lands to be affected a notice in writing signed by him (Form B or to the like effect), naming a day, hour and place convenient to the ditch or drain at which the parties are to meet, and, if possible, agree upon the respec- tive portions of the ditch or drain to be made, deepened or widened by each of them, the notice to be served not less than twelve clear days before time of meeting ; and in case at the meeting an agreement shall be come to between the parties, the agreement shall be reduced to writing (Form A or to the like effect), and shall be signed by all the parties, and shall, within four clear days from the signing thereof, be filed with the clerk of the municipality in which the land requiring the ditch or drain is situate, and the agreement may be enforced in like manner as an award of the engineer as hereinafter provided. 46 V. c. 27, s. 5 ; 50 V. c. 37, s. 2. 6. In case the parties at the meeting shall not agree, any owner may file with the clerk of the municipality in which the lands requiring such ditch or drain are situated a requisition (Form C or to the like effect) shortly describing the ditch or drain to be made, deepened or widened, and naming the lands which will be affected thereby, and the owners respectively, and requesting that the engineer appointed by the municipality for the purpose be asked to appoint a day in which he will attend'at the place named in the requisition, which shall not be less than ten nor more than sixteen clear days from the day on which he received a copy of said requisition, and shall also at least four clear days before the time appointed serve upon all the persons named in such requisition a notice^ (Form D or to the like effect) requiring their attendance at the said time and place: Provided, nevertheless, that when it shall be necessary in order to obtain an outlet, that the drain or ditch shall pass through or partly through the lands of more than five owners (the owner first mentioned in this section being one) the requisition shall not be filed, unless : (a) Such owner shall first obtain the assent, in writing, thereto of (including himself) a majority of the owners atlected or in- terested ; or, 38 (b) Unless a resolution of the council of the municipality, in which the greater portion of the work is to be done, approv- ing of the scheme or proposed work, shall be first passed after those interested have been heard or have had an opportunity to be heard by the council upon notice to that end; (c) When the engineer shall under section 8 of this Act require other parties whom he deems interested to be notified, he shall not assess or bring in without his or their assent more than one additional interested person when the majority of those so notified and interested are opposed to being so brought in or assessed ; (d) Unless the assent (by resolution) of the said municipal council approving of the proposed extension to the lands of other in- terested parties shall be first passed after a hearing or notice as hereinbefore provided. 46 V. c. 27, s. G : 50 V. c 37 s 3; 52 V. c. 49, s. 1. ' ' ' 7. An occupant not the owner of land, notified in the manner provided by this Act, shall immediately notify the owner thereof, and shall, if he neglects to do so, be liable for all damages suffered by' such owner by reason of such neglect. 46 V. c. 27, s. 7^ 8.— (1) The clerk shall after receiving the requisition, forthwith notify the engineer by registered letter, enclosing a copy of the requis- ition ; and on receipt of the same, the engineer shall notify the clerk, in writing, naming a time at w^hich he will attend ; and, on receipt of this notice, the clerk shall file the same with the requisition, and shall forthwith send a copy of the notice of the engineer by registered letter to the owner making the requisition, and the engineer shall attend at the time named in said notice, shall examine the premises, and, if he deem proper, or if requested by any of the parties, shall hear evidence, and IS hereby authorized to examine the parties and tlieir witnesses on oath, and may administer an oath or affirmation as in Courts of Justice, and if he shall find the making, deepening, or widening of the ditch or dram necessary, he shall, within thirty days after the day of meetinc^ named in the requisition, make his award in writing (Form E or to the like effect) specifying clearly the locality, description and course • of the ditch or drain, point of commencement and termination of same, the portion of the ditch or drain to be done by the re- spective parties, and the time within which the work is to be done, the amount of his fees and other charges and by whom to be paid; aud he shall have power to adjourn the examination and may require the notiticatiou and attendance of other parties whom he deems interested in the ditch or drain, such other parties to have at least four clear days notice of time and place of attendance. 46 V c 27 s 8 • 60 V. c. 37, s. 4 ; 52 V. c. 49, s. 2 (1). ■■'.-, 39 (2) In no case shall the engineer include or assess the lands lying more than fifty rods above the point of commencement of the ditch or drain upon the lands mentioned in the notice (Form Bj provided tor by section 5 of this Act, nor the lands on either side of the ditch or drain which lie more than fifty rods from the drain, and only so much within such fifty rods as having due regard to the nature of the locality and of the soil and the lay of the land and its distance back from the ditch or drain as will be benefited by the ditch or drain, and then only according to and in proportion to the benefit which it will receive by such construction. 50 V. c. o7, s. 5. (3) The engineer may by his award direct that any portion of such ditch or drain may be constructed as a covered drain, and shall deter- mine the size and capacity of the proposed covered portion, and the nature and quality of the material to be used therein but no such direction shall be given by the engineer, if the covering of such portion of the ditch or drain would impede or delay the free flow of the water which the ditch or drain is intended to carry off. 51 V. c. do, s. i. a _(i) If it appears to the engineer that the owner or occupier of aiiy tract of land is not sufficiently interested in the opening up of the ditch or drain to make him liable to perform any Pa^^J toeof and at the same t^me that it is necessary for the other parties that the ditch or drain should be continued across the tract, he may award the same to be done at the expense of the other parties, and after the award the other parties mav open the ditch or drain across the tract at their own expense without;"being trespassers, but causing no unnecessary damage and replacing any fences opened or removed by them. 46 V. c. ^7, s. J. (2) If it appears to the engineer that rock-cutting is required to be done, the engineer may get the rock cut or blasted by giving the con- tact out to%ublic competition by tender or otherwise ins ead of requiring each person beneBted to do his share of the work ihe eniineei shall, by his award, determine the sum ^^ich shall be paid bv each of the persons benefited, which sum, unless forthwith paid, shall be added to the collector's roll, together with seven per cent^ added thereto, and the same shall thereupon become a charge against Se land of the parties so liable, and shall be collected in the same manner as other municipal taxes. 50 V. c. 37, s. 6. 10. The engineer shall, within thirty days from the day appointed by him as named in section 8 of this Act. make and file his award, and my plan or profile of said work with the clerk of the ™unicipa ity named in sectioi 6 of this Act, and the award, plan and profile shall Official documents, and may be given in evidence in any legal pro- ceedhiosbycerlified copies as are other official documents and the clerk of the municipality shdl forthwith, upon the filmg of the award nottfiy each of the persons alfected thereby by -egistered letter or I 40 personal service of the filina nf tu^ , , book in which he shall reS L n ''""' V f."^ '^' .'^''^' «^^" ^^^^p a sent the notice, the a^ress ^o whS^Trf °^ ^^' ^'''^''' *^ ^^°"^ he has upon which the same wag dcDoS /vf"'' ''"' ^^"^' ^°^ ^^^^ date served. 46 V. e. 27, s. w] 48Tc' 4" s 'l' -^0 vTsr' ^8 ""'"^ may'wittS^£rctfia;3%7j;L'^ r"' ff' a Jed "thereb, from to theJudoe of the S,. vT ! V'^'F <^^^ereof. appeal there- lands, in respectio which ur'L^T^ the county in' Vhich the and the proceedings on he appeS sh.n h^' are initiated, are situate, II (1) ; 48 V. c. 47, s. 2 ^^ °"°'''^ '■ ^^ ^- ^ 27, s. with\lVi;?:"aTar?t'fiL7a%Tti" '''''''? '' ^'^ -"--P^^^tv appeal therefrom, sho^settt" Jo^rth' ^^"'^"f ^^^ ^^^ intention to c. 27, s 11 (1). ^ "" ^°'"' t"*^ grounds of appeal. 46 V. time'- fJrXtal WrdT^t'S.^^ ^^P^^-" ^^ the notice or notices of appeal if tW it «/ ^ehver a copy of the certified copy of the award. the clei - TthP^p" ''■' '^P^^^' ^"^ ^ division in which the land of flf. 1-^^® Division Court of the vided in section 6 of this Act is .itr;''' ^^j"! '^' ^^^'"sition as pro- shall immediateirnotSyThe Jiip''%''?^'^^^^^V^^^^ Court clerk Judge shall appoint a ime for thli? ^ ^5' ^^P'^'"^' ^l^ereupon the orde? such surormoney tX 1 k r^tl^^ '' ^^ ^^ink fit. the said clerk as will be a sufficient inH ^PP^"^^t or appellants to appeal. 46 V. c. 27, s. 11 (2) ; 49 V cITII^ •^^""'"'^ '°'^' °^ ^^^ c. 27, s 11 (3j. ^ ""^ ''^^''" "°tices under this Act. 46 V. ^^ ' th/^^iS:; j^s • rthSf ?^^^ f '^^ '^ ^^ ^^^ ^--- ^f tl. original prC^^gs^JrLS^tJ?^- ^ ^^^^ set asid'e L'ertatm t"a::^d'cor ^ '" '^PP^'^^^ °^' ^PP-'«' -^ may examine parties and wine's'esorn if '"X '-7°^' '^^^•^^°' '^^'^^ he spect the premises reqSrthpTo 7 "^^^' ^"d' ^^ ^^^ so pleases, in- and may Ler payrS'of osts b "^^^^^^ ^"^ °f the engineer, fif^he^moujit^^^ch costs te V. c 27, s 11 (I)'"^ °^ '^'''"' '"^ shall be transferred to the proper Divisi-on St 1^ V n ' °* P''"^^'"^ appeals They affected by the repeal of said sub.sectioi7a;/' "°* '*P'' "'^ ^^ otlierwise 41 5. It shall be the duty of the Judge to hear and determine the appeal within one month after receiving notice thereof as provided by this section, but his neglect or omission so to do shall not render in- valid the hearing or determining of the appeal after the lapse of that time ; provided always that the Judge may, if in his opinion it will be more convenient for the parties concerned, fix as the time and place for hearing the appeal a sitting of the Division Court of the division in which the land of the person giving the notice of appeal is situate, notwithstanding the time so fixed may be more than one month after the receiving of the notice, and the appeal may be heard either before or after the regular sitting of the Court. 48 V. c. 47, s. 3 ; 49 V. c. 44, s. 1. 6. The award as so altered or confirmed shall be certified by the clerk of the Division Court to the clerk of the municipality, together with the costs, if any, allowed and by whora to be paid, and the award shall be enforced as the award of the engineer, and the time for the completion of the work thereunder shall be computed from the date of such judgment in appeal, 46 V. c. 27, s. 11 (5). 12. The clerk of the Division Court receiving the notice of appaal may issue under the seal of the Court, subpoenas to witnesses, and the bailiff may serve the same ; which subpoenas shall be in the form, as nearly as may be, of those used in Division Courts ; and non-attend- ance or disobedience to a subpcena may be punished in the same manner as in a case in a Division Court. 49 V. c. 44, s. 3. 13. It shall be the duty of the municipality, through the treasurer thereof, to pay the contractor for the work as soon as done to the satis- faction and upon the certificate of the engineer, pending the subsequent collection thereof as aforesaid. 50 V. c. 37, s. 7. 14. The municipality shall, at the expiration of the time for appeal or after appeal, as the case may be, pay to the engineer his fees, and also pay to the person declared to be entitled to the same, any fees or costs awarded or adjuged to him and shall, unless the same be forthwith re- paid by the person awarded or adjudged to pay the same, place the amount upon the collector's roll as a charge against the lands of the person awarded or adjudged to pay the same, and the same shall there- upon become a charge upon such lands, and shall be collected as ordinary municipal taxes. 46 V. c. 27, s. 12. 15._(1) The engineer shall, at the expiration of the time limited by the award for the completion of the work, inspect the ditch or drain, if required in writing so to do by any of the parties interested, (c) and if he finds the work or any portion thereof not completed in accordance with the award, lie may "let the same, in sections, as apportioned in the award, to the lowest bidder therefor, taking such security for the » |t;^^ 42 performance thereof within thp fimo f« k« t -i. i good ■■easou for t^ntZ^J^tiorihl^T ""' ™*i.'"'f. ""'^<' "^ extend 5„cli time. 46 v'^g^''^ *'^«of. '« may, in his discretion. secure i^^performanVLS^eZ^.'^L'lTT c"4"TJ '" """' "> fina?tn5:t,Sthe wS me^i^SorS'th"' ™"^.^'" *"""*^ - the same within one week tir^'fr. '? the preceding section inspect by him, certify TwS^ w„ ' ', 1' fT"^'''' "''''"•^ "•"''P^ gfvinga'aeparaLS ffore^hpo"^^^^^ by whom the'sareTetr pa'ifTv ctrnT" "^''""™- ^"^ renuiLt7eiU?efo7tl,'!''° "'!,'"'^ "''8''^'='^ t" °""^-'' ""^ i°»Peotion on complaint made before one of nlr m V . r "^^.^'^^^d with costs tothetre^nrerJ^'lilL^mtL^;;^^^^^ the c|^a?r^3:'tetl:'ti^i:5 rS' t/to" th""""" "^ to be lible to pS he s^am cause Z"' '^'\ '''''^''''' '' ^^^"fi^'^^^es be added to the col ectm^s r^fn ^ °' ^™"""^^ ^""^ ^'^' to thereto, and the same sh.ll t^lv! ^ 'l''^"' ''^'" 1^^^ ««"t- ^^ded rights 43 ,.ie (2) To remove doubts and to prevent delays and avoid expense it is declared that no action, suit or ])roceeding shall lie or be had for a mandamus or other order of the High Court to enforce or compel the performance or completion of the work by the award or certificate of the engineer apportioned or directed to be done against the person by the award or certificate directed to do the work, but the performance of the work shall be secured and the payment therefor enforced and collected in the manner provided for by this Act. This section shall not apply to or attect pending suits, actions or proceedings. 52 V. c. 49, s. 4. 19. — (1) Notices under the provisions of this Act shall be served personally, or by leaving the same at the place of abode of the owner or occupant, v/ith a grown-up person residing thereat, and in case of non-residents, then upon the agent of the owner, or by registered letter addressed to the owner at the post office nearest to his last known place of abode. 46 V. c. 27, s. 16. (2) A "'non-resident" within the meaning of this section shall include a person who does not reside within the municipality in which the lands which he owns are situate and in respect of which proceed- ings are taken or to be taken under the provisions of this Act ; and where the place of abode of a non-resident is not known notices under the provisions of this Act requiriv - to be served on such non-resident may be served in such manner as the Judge of the County Court may direct. 48 V. c. 47, s. 4. 20. Every municipal corporation shall have and exercise all the rights and privileges of this Act, and may be made parties to the agreement or award, and shall be considered as owner of the highway for the purposes of this Act, and shall in all respects be in the same position as an individual owner. 46 V. c. 27, s. 17. 21. — (1) In any case where an open ditch or drain has been or may be constructed under the provisions of this Act, any person through whose lands such ditch or drain has been opened, may, with the con- sent of the engineer of the municipality, convert so much of such ditch or drain as runs through the lands of such person into a covered drain. (2) The engineer, before giving his consent, shall examine the portion of the ditch or drain which is proposed to be covered, and shall determine the size and capacity of the proposed covered portion of the drain or ditch, and the nature and quality of material to be used therein, but no such consent shall be given by the engineer if the covering of such portion of the ditch or drain would impede or delay the free flow of the water which the ditch or drain is intended to carry off". 50 V. c. 37, s. 10. 44 suclfLIt ret^^)tL^^^^^^^ the m ieipality (if ance with the provisions ofThk a! V^I *^'^ Pf^ticulars in accord- appeal. 50 V c 37, s 11 . '''^^''^ '^"" ^^ ^"^J^^t to ditcht l^ain^may no^tfvl '^' 'PP"'''^°" ^^^ *^^ ««-«"«g of the the first ;\Z' a^XS LoST '' ^"'^'^^' ''^ ^^'^^ ^^ ^^-" '" are situate above his own o? IhU T"'!? ^"^erested whose lands the drain, and shall also notiftth.'"'' ''^'" the engineer will examine Pleted. and it shaiutrn^st ;;;?'S itnt tl^t^ ^°"^- SrS Et ^hel^ran/-^ ^ o/ K/a^d^tcl^^^^^^ paid by such person to the Zi ^^T' f *^' ""S"^^^^' '^"^ ^^ "ot collected, as pSd L^in^ ^Z^' ^ vl ^ 3^T"^^ ''''' '^ keep1:he'Tove'r:rpo£'ortt^d^"^^^ owners) shall maintain and capacity as not to Fmp de or dSay'tl'eU T'^ ft"'"* '''' ^"^ the covered portion or hrmufl f ^f i 1'^^^°^ "^ the water above damages occasLned by the ^e" W. n '7' ' \ '^'^ ^^^^" ' ^^^ ^^7 such portion Tthesiz/^nH"! ^.^/^'i^^^ to so maintain and keep the ow'ner o"f ^L t fu^ n VhTc^ fife tXf 1""'' '* ^T^'^ ^' tion of the drain is situZ 50 V^ 3^ « 13 "' ''^^''^''' P"^" ditcf or'SrSrhTeirrvidtt'r h' '''".*'' construction of the ditch or drain for the ™!p nf^^^''^'"' to avail himself of such contemplated by the oriSn° ^,^^"^^°f ^^^^^ lands than those theprovisionsof thfs 4cf asif^^P ^ ^°^''^^ ™^ ^^"^'^^^ of ori/nal proceeding^: but' ^o petrsha^n "Sl^eZeMfl ^°. T"" ^.^^i^rz^ iTr--^^ A^uSe^ss^rd^r of others, as to trelCeTen if P^.'^^^^^ons as to the use of lands 46 V. c. 27, s. 18 ; timo f«„ fu ^ . ^""^""^ "uuuionai water is rfq;i^""^inTf "'''^^^^ through which the drain visions of thTs Sre to b. hr*"? '"«' authorised unde/ the pro^ mr4icfpalit7shauTo™ard to the clerk Tth "T ''' °""'^. "' *'' a certified codv of th» It,, i f ' '"^ adjoining municipa ity nea copy ot the award, as made, conarnied, or altered, and shall also palitj unles; certifi the cc ated To Clerk o{ tile townshi] f^e said Jot through the or the towns! cession of the ., concfcssir fhroyh which 0/ the owner c respective pori appointed by t ^^■^^ attend at ^f^-nine the pr his award unde Dated A'-ylEL:i^^i^^^£.^AJ»:i:^ 47 J ^'^'^""^^ b^ the parties) FOJiM B. ^^ ^* "• ^^' ^^^ A. (Sections, 5 m\ To ^ ' '^ ^«/ the to.„s4\7««7not nu.„ber attend ~ar^"!r '"'''' ^l'^^^^. m the IS -.u,e to,vns|j,- of t "^^ number • , under rz^ n-, f'^ m the """"e the same tl,r^„ u throunr], clock-, in fi,^ the fj„-- ^r ^ ^iid requesf th f ^ours, etc. FOUM G. (Sections S, 6.) ^^^ c- 27, /brwi B. con°' '^' ^^^^^'^h^-p Of'" '^ ^ot numbe '"'■ ^^neesTo. ^^DCfcssion of fh« f ovvaed bv i ^n the ^^^ow^A w>J,VA ^. iv^ townshin of -^ ^ot numhpr ^°«- ex^:ni,je f L ^ ^^^^iitv of thl f ^^ appoint a d^v ^"^incer (Sio'nci/^ U-_ -i-v * ■ ^^ ^- «• is, s. 2 (2). 48 FORM D. (Section 6.) To Take notice that the engineer appointed by the nuiaicipality for the iipurpose will attend at lot number in the conces- sion of on the day of A.D. 18 at the hour of o'clock in the noon, to examine the site of the proposed ditch or drain and make his award therein ; and you as the owner of {descrlhe the lot) which may be affected thereby, are requested to attend (with any witnesses you may desire to have heard) at said time and place. Dated Yours, &c., 46 V. c. 27, Form D. FOKM E. (Section 8.) I the engineer appointed by the municipality of the township of in the county of under the provisions of The Ditches and Watercourses Act, having by the requisition of owner (or owners) of lot number in the concession of the town- ship of filed with the clerk of the said municipality, representing that he (or they) required a ditch or drain on s^id lot, and that it would be necessary to continue the ditch or drain through the following lands on lot number in the concession of the township of owned by etc., did attend at the time and place named in said notice, and having examined the locality of said ditch or drain, and heard the parties and their witnesses (if any), find and award as follows : That lot number in the concession of the township of would be benefited by, and requires a ditch or drain (or the deepening or widening of a ditch or drain, if already made), to enable the proper cultivation or use of the said land, and I find that said ditch or drain will require to be extended across the land of being lot number in the concession of and across the land of being lot number in the concession of the township of (and so on, giving the name of each owner and lot to termination of said ditch or drain), and I award the making of said ditch or drain (or the deepening or widening as the case may be), as follows: — shall commence at stake number one planted (describe with reasonable certainty where planted), and shall open up' and maintain a ditch or drain (describe tuidth and depth), to stake number two planted (describe ivhere planted, distance and direction from first stake), and said portion shall be made and com- To 49 number thee pIa„Ld^ ""' t^'" ^'^^^''^W/Tj 'l^^ «^^a" open Mm stake nuT^t^f^ T^^ «t«Jv-e Pleted within r^rf;,.^^^^^ «n^ 8«id noSf^f n'f "' «^'^ ^^^>^c^^^^^^^^ Ite. this ^^'^^^^' "^^ ^^^ ^"^^ fe te; Witness ^^^""^ A. I). IS '^ I ^Signature of Engineer.; ^C V. c. 27, Form E. To FORM F. (Section 16.) Clerk of the township of -der m/atfd^S tt* >« --P^eted certain . . . was ordered and .^- ^ "^^^ ^^ iV D « °'^ "^^^'^h having fa'jed^o/'^J"^^'^ ^^ Perform and i^ u ' «°e ,, for the si^ of """'> "^« subsTuentfv w^'^.^ *h« «aid <^he said amount. ^ ^^^^ the said ^ uLf^l'' '^^ ^^id 1 further certif. fh . '« ^"titled to be paid ^ount and said fe^, ^^ ""' '^^''^'^^^^ fees are chargeable on (d^ZZ^ ^"^ 'hat said amounf . T^ ■^^'■^ ^^^ "niess forthwithTS K P'^T^'^V to he claraZ T '^"^ f ^^^ f^es are as provided .^^^S 78 o^ r? V^' ^^"'S mT'^^ ^"^ «hal? n.f ^ , °^ ^^'^ ^^tches andWn* ^'^'*'' interest) ^ated this day of a ^«^ercowrses Act. ^ A. D. 18 Engineer for ^^ V. c. 27, i^um F. 50 The Ditches and Watercourses Amendment Act, 1889. H [Assented to 23rd March, 1889. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. Section 6 oi The Ditches and Watercourses Act is amended by striking out the words " time and " in the ninth line ; " by striking out the words " six nor more than twelve clear days from the time of filing the same" in the tenth and eleventh lines and substituting therefor the words " ten nor more than sixteen clear days from the day on which he received a copy of said requisition ; and by striking out the word " therein " in the twelfth line of the said section. 2. — (1) Sub-section 1 of section (S of the said Act is amended by striking out all the words down to the word " shall " in the fourth line, and by substituting therefor the words " The clerk shall, after receiving the requisition, forthwith notify the engineer by registered letter, enclosing a copy of the requisition ; and, on receipt of the same, the engineer shall notify the clerk, in writing, naming a time at which he will attend ; and, on receipt of this notice, the clerk shall file the same with the requisition, and shall forthwith send a copy of the notice of the engineer by registered letter to the owner making the requisition, and the engineer shall attend at the time named in said notice." (2) Form C of the said Act is amended by striking out all the words after the word " each " in the tenth line and substituting therefor the words " I request that the engineer appointed by the municipality be asked to appoint a day on which he will attend at the locality of the said proposed ditch or drain, and examine tlie premises, hear the parties and their witnesses and make his award under the provisions of The Ditches and Watercourses Act." o. Section 15 of the said Act is amended by adding thereto the following sub-section . — (2) The engineer may let the work, by the award directed to be done, a second time or oftener if it becomes necessary in order to secure its performance and completion. ■ 51 fo]lo;iDgtrsecLif:^' '^'^ ^'^ '' ^"^«"ded by adding thereto the 3ha.K;p„^"S^i^*^*-'^,P™ceedi„g3 are .a.-e„, .„„H „„„,, ca .on to the council of tfe lu^^iSlS T'Tt """'^ ™ ^^^^ *e -no. not ,ate. tHan ..VCV^^^nLr/oVtS "^ we.} io L*d^ r;Xlti %°-^ -™- ".at the co.np,aint' « provided m sub-section 1 o! S Jm; ■'","' '"''« Prooeedino ' be apportioned under the ,°wa d if H " ""'^ ""= '=<'^'' incurrehwi no cause of complaint, then tl^o \„„ ","="!"'''"• '"I'^fa that ?hem li Mcurred and if Lt forthwith ,«i'7t"l"' """, '""^ "'" *1> 'e ^ coUec^s roJI i„ „ce„rf„„„„ .wtiflc i^, 'T^ '„ tf" entered inThe f(na nuicrcoumsAct. ^^^"^^ 1^ of pie bitches 52 (4) No proceeding shall be taken under the provisions of this section before the expiration of three years after the completion of such work in the first instance. 6. In order to remove all doubts as to the maintaining and keep- ing in repair of any ditch or drain, whether covered or open, or of any creek or watejrcourse that has been deepened or widened, under the provisions of The Ditches and Watercourses Act before the year 1883, it is hereby declared that the cost of maintaining and keeping in repair any such ditch or drain, whether covered or open, or of any such creek or watercourse shall be borne by the respective owners, in such proportion as is provided in the original or any amending award ; and the manner of enforcing such repairing and maintaining shall be as set forth in sub-sections 4, 5, (3, 7, 8 and 9, of section 4 of The Ditches and Watercourses Act. 7. In all cases when in this Act any particular number of days expressed to be " clear days " is prescribed the same shall be exclusive of both the first and last day. 8. This Act shall be read with and form part of The Act respect- ing Ditches and Watercourses. 3. ' ^unicit of The. paid in j collect tJ An Ac eour H mi Le as . I. Secti inserting th( (2a) Th, another engi and premise; An Act respecting the expenses of County Court Judges under The Ditches and Watercourses Act and the Line Fences Act. H [Assented to 7th April, 1890. ER MAJESTY by and with the advice and consent of the Legislative Assembly of the province of Ontario, enacts as follows : — 1. A county court judge shall be entitled to be paid the actual expenses incurred by him in case he inspects the premises in respect of which appeals are made to him under The Ditches and Water- courses Act or The Lines Fences Act. 2. He shall in the order setting aside, altering or affirming the award, fix»the amount of such expenses and the person by whom the same;^3hall|be paid. An Act courses H EE MA J-egisI; folJowi I. Kvery rai i^i'ovmce of On an owner of Ja courses Act. ^- All notic( 53 P«.s after the filing of the report, send to the manageij all parties inter^ sred letter a copy of so much ot thei upon tj^^ Jands = pi'ovided. " 5. — i^l) ■^' .sn so shall within six days of the rail^^ ay company, by register be iting way uate gor ' ex- 3 be cted, ility, litch, con- t for may pre- afety 1 the said er as or in to be ilway creek to be ulvert same, :eport I plan alv to f such 3 may : to be xcava- 6^ report as relates to fl (3) n the manager „f ., ''' "' ''''■'""- days from the *,L^^J'"°t later thTt^^tTZ '''"^'''' "y^c^nT «ie municipality °tthf "^8 "" '"» beliSf shall „f .?»''''*«'■ »f the "l-jected to by the ZZl^^Z '""r""'^ nZZ\^,t """^ ,, (^) The clerk of thf ' '''' ™' °' ""^ cost tKof' "°* »-™f rt"S?r- "r"'!'-Stt1'th^^'''^» ^0- i after Of the^-Sw:;."'^ P™^--1 work „pirj;f, XJ -gin :,^^a^3^not . (S> If the engineer of th • """"«" the engineer of the ^ fuL ^ .engineers, Sne conv f' T^ '^^" ^^ in «i«nicipality ^nthintlul' ''"^.°"« ^^ ^i filed S,?k^' f^'^i^ed by «aid report shall be b udin'^'' ^^*«^' ''^rnvinc;a?3'', J ^^« «^erlc of the -b-section . of tl >etr^°" ^" ^^^""^ -n'trs^tl Vf"^ - \"; it tile eneinep,, nf fi, ., ^inuuicipality'' fail .' ^f ^ '''^'^^^7 company an,^ fi. xcava- (G) If fjip „„ . dgeor; the ^ ^nicSLi^^^^^^^^^^^ mnici.| n^eritioned iS^J^^^to agree up;.,rS^^^^[^ the engineer ol I }^^^ters of dhr^ufJluTr^ f^ this section, then n ^",^^«P«te, as ^referred to the decSn /"'^' ^^«« «aid QlSSInr,,^^ „/• ,^ ^.';*«l'lS10n of fln ^v,~- ^ . ... OG appointed bv thn p^ ''/^^erred to the dp^,'.; "/"cii case said .oltb^upon the iS :fc"^' -'''bi^ct tT™"' f'^ Wading ^^^ provided. ""^ >«'>vay i, a/iected e«e„l "^'^e^wU I "^P' as hereinafter I t6 ll) Whea said disagreement takes place the engineer of the muScipality or of the railway company shall within four days there- Xer T egistered letter, request the said Commissioner to appom a eighieer as provided for in the previou3 sub-sec ion. and shall in such le S^ name and post office address of the railway en- gLeer and also his own post office address, and state the locality where the proposed work is to be done. (8) The Commissioner of Public Works shall within six days after receiving said request appoint a competent engineer to settle Jhfm ttera i'n dispute^ the Engineer -.appomted s-^^^^ Lvq after his appointment, notify by registered letter, the engineer KhfSilway company, and also the engineer of the municipality of the day on which he will attend at the place of the proposed work, lich day shaTl not be earlier than ten. nor later than wen ty days Trom the date of such notification, and said engineers sha attend at he time and place named in such notice, and shall give all necessary information to the engineer appointed by the Commissioner of Publ c Works and aid engineer shall carefully enquire and examine into II the objections made, and differences of opinion existing between the engineer of the railway company and the engineer of the mSnty^n reference to said proposed work upon the lands of the railway company and the cost thereof. (9) The said engineer shall within ten days after such meeting, make out a report in duplicate, one to be sent by registered letter to Teenrineer of the railway company, and one copy to be sent by registe^^^^^^ to the engineer of the municipality, which copy shall beamed with the clerk of the municipality, and such report shall be final and binding as set forth in sub-section G of this section. aO) The engineer of the municipality in making his award rwhich shall be made when a final agreement has been concluded as Krth in the next sub-section) shall in respect of the work to be Srmed upon the lands of the railway company, apportion such Wk and th? estimated coat of the same upon the several owne s rnteres^ed in the construction of such work m proportion to the benefit to be derived. ^ an The engineer of the municipality shall within 30 days from the date of approval by the manager of the railway, as provided m sub section 2 of this section, or in the event of the refusal of such apUvTthen from the date of agreement if made by the engineers as nrSd for in sub-section 5 of this section, or m the event of the en- ters failing to agree, then from the date of the report as made by fiprmneer as provided for in sub-section 6 of this section, make the engineer aaX^l^ T!^ ^ ^ ^ j^ ^ ^he municipality, and his awaia anu uiu lug name wiiii ^iw Licia. v- v r ^ 57 aaid award shall embrace the lands of the owners, which may be liable for the construction of any such ditch or drain, or the widening or deepening of any creek or watercourse, or for the enlarging or con- struction of any bridge or culvert. (12) Any interested owner may appeal against the award of said engineer in the same manner and form as is provided in The Ditches and Watercourses Act, and the amendments thereto, but such appeal shall as in respect to the work upon the lands of the railway company, be confined to his right of being made liable for any portion of such work, and the proportion or cost of the same, but such appeal shall not affect the railway company. 6. — (1) The clerk of the municipality shall within four days after expiration of the time for appeal if no appeal has been made, or if an appeal has been made, within four days after the final decision upon such appeal, send toj/he manager of the railway company by registered letter, a notice stating the place and day upon which the work will be commenced and proceeded with, which day shall not be sooner than twenty, nor later than thirty days from the day of notice, and in such letter of notice he shall ask the manager of the railway which of the following modes of doing the work he will select on behalf of the railway (,Oxiipany : .) First, the railway company to do the work by their own employees for such amount as may have been finally agreed upon and made part of the report and award ; or (h) Second, that the work may be performed by the party or parties /ho are liable for the cost of performance of said work, and done under the supervision of the rail- way engineer, or subject to the provisions of section 3 (2) The manager of the railway, or some one acting in his behalf, shall within ten days after receiving the said notice, notify the clerk of the municipality, by registered letter, which of the said modes of doing the work he will select on behalf of the railway company, and if he selects to do the work under the provisions of clar ' e (6) of the preceding sub-section, upon the receipt of such notice the clerk of the municipality shall forthwith notify the parties who are liable to per- form the work, of the day that has been fixed for the commencement of the said work, by the manager of the railway. (3) If the work is completed under the provisions of clauses (a) or (6) of sub-section (1) of this section, then in either of such cases, the engineer of the railway company shall send to the clerk of the niHRif.i'^a.litv by re.fist^.p.rp.d Ifttter a certificate, certifvinc that the work has been completed in accordance with the copy of the plans some one acting in his behalf, and 68 .„a profile as may have been finally agreed upon and furnished to the railway company. , provisions of clause (4) When the work f,. «°™P^f,f ^^^ xnunicipality (a) of sub-section (1) ov ^^^.f/J^^^^S the certificate shall at their first meeting, ^^^er ^he ^"^^^^^ payment of the cost of mentioned in the P^«««ding sub-section.o^^^^ .^^ accordance the work and the same sha be vf^yf^^^j^^^J Watercourses with the provisions of section i^ ^ , • ^ ^y the railway company Ad to th. railway or to tlie Pf fj .^^^"^^^^^ the part/or parties to receive the same and if "«^\forthwith^p^^^^^ P J^^^^ .^ ^^^^^ of The Ditckes and l^^^^J^f ^^^^^^ ,, ,^e municipality reports 7. In any case where the ^"^^^^^^^[^ , ^^ that any existing badge or ^^^Jf^^^^^^^J'^f the same, or that a new to be enlarged by the '^^^P^^/ ^^^/^rth^e ame has been agreed to bridge or culvert is required and that the sa ^^_^^ ^^ ^^ .^ and reported either as P;°;;"^f ^^ ^^^^^ovided in sub-section 6 of sec sub.seciion 5 of said section 5 or as P«>vi ^^ ^^ _ tion 5 of this Act then f , ^^f^f S,y company and by their -lot^: a^d rr; t "^ B^^^%t^::i^^ ?Sl"trnh^e\ir:'pS:?7^ thl /aid sections U and IB of The Ditch,, and Watereoursee Ad ^^^^ ^^ ,„,^S:rn»nTeCL:rul^th^■oad.he^^ ment of the costs o^ t^e,;^^'];,,''^^^^^^^ may proceed with and award, as may have ^"^1^^ ^f;;,^ ^ the vaCay company, except the complete said work upon the la^som^^^^^^ in connection enlarging of a 'S^jr^lvTand the excavatioS in connection *T'mhe.ilway»™^^^^^^^^^^ a bridge or culvert vnttan *« '^i^P',^ case the i-ailway company the completion ot the same, then in suon ui» parties, hall be Lid liable for all ^^^^ ^'J^lfofl t^lWrnent of embraced in the report or f'-'^i^^^eslhe.W accrue from the dat« "^ U This Act may be read and ci^d as 2^ &..«»!/ ^J-;' % the "itches and Watercourse, Act and shall said Act. u An Act to amend The Ditches and Water- courses Act as applied to Railways. [Assented to Jf^h May, 1891. WHEREAS there is a dispute as to whether all railways within this Province, or only ceitain of the railways therein are within the legislative authority of this province for the pur- poses of the Act hereinafter mentioned; and whereas it has been Ccested thatthe Act to amend the Ditches and Watercourses Act as amUedtoRaUways, passed in the 53rd year of Her Majes y s reign. Sid have been expressed to refer to railways within the legislative authority of this Province; therefore in order to amend the said Act LrTe purpose of supplying the said words without prejudice to the said question : — Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :- \ The Act passed in the 53rd year of Her Majesty's reign enmedAn Act to amend The Bitches and Watercourses Act as app^iid to Railways, shall be deemed to apply, and to have been Sded to apply, to such railways only as are under the legislative jurisdiction 7L Province with respect to the matters by the said Act provided. » 6l » An Act to prevent the spread of Noxious Weeds and of Diseases affecting Fruit Trees. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :— 1. Where used in this Act the term " non-resident lard " shall apply to all lands which are unoccupied, and the owner of which is not resident within tlie nninicipality, and the term " resident lands " shall apply to all lands which are occupied or which are owned by per- sons resident within the municipality. 47 V. c. 37, s. 13. 2. It shall be the duty of every owner of land, or the occupant thereof if the owner is not resident within the local municipality ■wherein the same is situate — 1. To cut down or destroy all the Canada thistles, ox-eye daisy, wild oats, rag-weed, and burdock growing on his land, and all other noxious weeds growing on his land, to which this Act may be extended by by-law of the municipality, so often each and every year as is sufficient to prevent the ripening of their seed ; 2. To cut out and burn all the black-knot found on plum or cherry trees on his land, so often ea'Vf Tv .S irafefted of tto presence of eithev the fruit trees in such locality, and tsatisneo op ^^_^^^ ^^ ,,. It shall be the duty of.the o--- «r^V^^^^^^^^^ cipality to see that the F°v>'>ons » *■« AcU'sta^^^^^^^ ^ ^„„i a/e carried out withn. *en- r^spect-ve h ghway d ^^^^ ^J^ ^^ ^j^^ down or destroying or T^^i ° ,h°c, of tteir seed, all the noxious proper times '« V^^ * hway o°t road allowances within their weeds growing on the wgn^y" . ™,formed as part of the .^spective divisions; ,»»f «f » ^, aTa reasonable "rate by the SSr^on'^rip^lify.tSf council of the municipality may direct 47 V. c. 37, s. 8. 10._(1) Any owneror oyant of laiid who ^ ^^^ to cut down or destroy any o the ^^"^ J°™\' „ ^^o knowingly given by the inspector, -^^ttd'^^w thereon, and the seed to sutlers any of the said ""^ °"3 wee » „ ^^^ ^^^^^^^ ^^^ ripen so as to cause or endange. *" P^^" ^,!^,3, „;. keeps, any peach, J;S"oS™o:h,S:iryelUsor the fruit of trees so , *2. The eouneil „f „ "'^ ''"<= ^'imcipafty ' j^, "' «'I"ch the ^n Act to amend the Act tn p ^- Section 3 of fj, . "'' '"^'^« ^^ ica <,„h f- ^Mectmq Fvvlt k ^r ^'^^ Spread of at ■ ^«g sub-section thereto; '^ ''''' '« ^'^^^nid hy{d^''''T' ^^'^^^^ /4) ^i^e council n.av ' '^'^^-S tke follow. \- -" • - '• y^ 05 An Act to amend the Act to prevent the spread of Noxious Weeds and of Dis- eases Affecting Pniit Trees. [Assented to 4th May, 1891. HFK MAJESTY by and with the advice and consent of the ^ Lciiislative Assembly of the Province of Ontario, enacts as follows : — 1. Section 2 of the Act toyrevent the spread of Noxinus Weeds arid of Diseases afecting Fruit Trees is amended by striking out -o hrst three lines thereof, and substituting the following :— " 2. It shall be Uie duty of every occupant of land, or if the land be unoccuined, it sliali be the duty of the owuer." 2 Sub-section 1 of section 2 of the said Act is amended by adding thereto the following :-" provided that such cutting or destruction does not involve the destruction of the growing gram. 3 Sub-section 1 of section 3 of the said Act is ametuled by inser- ting 'the words "grain or" after the word "of" in the third Ime thereeof. 4. Section 10 of the said Act is amended by adding thereto the following sub-section : — (5) Any person who sows any wheat or other grain knowing it to be infected by the disease known as smut without first using some proper and available remedy to destroy the germs of such disease shall upon conviction be liable to a fine of not more than ^20.